H. R. 133—2031 
Universal Service Fund high-cost programs, shall coordi-
nate with each other consistent with the goals described 
in paragraph (2). 
(2) GOALS.—The goals of any coordination conducted pursu-
ant to this subsection are the following: 
(A) Serving the largest number of unserved locations 
in the United States and ensuring all residents of the 
United States have access to high-speed broadband. 
(B) Promoting the most job and economic growth for 
all residents of the United States. 
(3) BROADBAND AVAILABILITY MAPS.—The Office and the 
Commission shall consult the broadband availability maps pro-
duced by the Commission when coordinating under paragraph 
(1). 
(g) DEFINITIONS.—In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the meaning given 
that term in section 551 of title 5, United States Code. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’ 
means the Assistant Secretary of Commerce for Communica-
tions and Information. 
(3) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Communications Commission. 
(4) FEDERAL
BROADBAND
SUPPORT
PROGRAM.—The term 
‘‘Federal broadband support program’’ does not include any 
Universal Service Fund Program and means any of the fol-
lowing programs (or any other similar Federal program) to 
the extent the program offers broadband internet service, sup-
port for broadband deployment, or programs for promoting 
broadband access and adoption for various demographic commu-
nities through various media for residential, commercial, 
community providers, or academic establishments: 
(A) The Telecommunications and Technology Program 
of the Appalachian Regional Commission. 
(B) The Telecommunications Infrastructure Loan and 
Loan Guarantee Program established under the Rural Elec-
trification Act of 1936, the rural broadband access program 
established under title VI of that Act (7 U.S.C. 950bb 
et seq.), the initiative under section 306F of that Act (7 
U.S.C. 936f), the Community Connect Grant Program 
established under section 604 of that Act (7 U.S.C. 950bb– 
3), the broadband loan and grant pilot program authorized 
under section 779 of division A of the Consolidated Appro-
priations Act, 2018 (Public Law 115–141; 132 Stat. 399) 
(commonly known as the ‘‘Rural eConnectivity Pilot Pro-
gram’’ or the ‘‘ReConnect Program’’), and the Distance 
Learning and Telemedicine Program under chapter 1 of 
subtitle D of title XXIII of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.). 
(C) Community facility direct and guaranteed loans 
under section 306(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1926(a)), community facility 
grants under paragraph (19), (20), or (21) of section 306(a) 
of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1926(a)), and the Rural Community Development 
Initiative authorized under the heading ‘‘Rural Housing 
Service—Rural Community Facilities Program Account’’ 
under title III of division B of the Further Consolidated
H. R. 133—2032 
Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 
2629). 
(D) The Public Works and Economic Adjustment Assist-
ance Programs and the Planning and Local Technical 
Assistance 
Programs 
of 
the 
Economic 
Development 
Administration of the Department of Commerce. 
(E) The Community Development Block Grants and 
Section 108 Loan Guarantees Programs, the Funds for 
Public Housing Authorities: Capital Fund and Operating 
Fund, the Multifamily Housing Programs, the Indian 
Community Development Block Grant Program, the Indian 
Housing Block Grant Program, the Title VI Loan Guar-
antee Program, the Choice Neighborhoods Program, the 
HOME Investment Partnerships Program, the Housing 
Trust Fund, and the Housing Opportunities for Persons 
with AIDS Program of the Department of Housing and 
Urban Development. 
(F) The American Job Centers of the Employment and 
Training Administration of the Department of Labor. 
(G) The Library Services and Technology Grant Pro-
grams of the Institute of Museum and Library Services. 
(5) OFFICE.—The term ‘‘Office’’ means the Office of Internet 
Connectivity and Growth established pursuant to subsection 
(b). 
(6) UNIVERSAL SERVICE FUND HIGH-COST PROGRAMS.—The 
term ‘‘Universal Service Fund high-cost programs’’ means— 
(A) the program for Universal Service Support for 
High-Cost Areas set forth under subpart D of part 54 
of title 47, Code of Federal Regulations, or any successor 
thereto; 
(B) the Rural Digital Opportunity Fund set forth under 
subpart J of part 54 of title 47, Code of Federal Regulations, 
or any successor thereto; 
(C) the Interstate Common Line Support Mechanism 
for Rate-of-Return Carriers set forth under subpart K of 
part 54 of title 47, Code of Federal Regulations, or any 
successor thereto; 
(D) the Mobility Fund and 5G Fund set forth under 
subpart L of part 54 of title 47, Code of Federal Regulations, 
or any successor thereto; and 
(E) the High Cost Loop Support for Rate-of-Return 
Carriers program set forth under subpart M of part 54 
of title 47, Code of Federal Regulations, or any successor 
thereto. 
(7) UNIVERSAL SERVICE FUND PROGRAM.—The term ‘‘Uni-
versal Service Fund Program’’ means any program authorized 
under section 254 of the Communications Act of 1934 (47 U.S.C. 
254) to help deploy broadband. 
(8) UNIVERSAL SERVICE MECHANISM.—The term ‘‘universal 
service mechanism’’ means any funding stream provided by 
a Universal Service Fund Program to support broadband access. 
(h) RULE OF CONSTRUCTION.—Nothing in this Act is intended 
to alter or amend any provision of section 254 of the Communica-
tions Act of 1934 (47 U.S.C. 254).
H. R. 133—2033 
SEC. 904. INTERAGENCY AGREEMENT. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Broadband 
Interagency Coordination Act of 2020’’. 
(b) INTERAGENCY AGREEMENT.— 
(1) DEFINITIONS.—In this Act— 
(A) the term ‘‘covered agency’’ means— 
(i) the Federal Communications Commission; 
(ii) the Department of Agriculture; and 
(iii) 
the 
National 
Telecommunications 
and 
Information Administration; and 
(B) the term ‘‘high-cost programs’’ means— 
(i) the program for Universal Service Support for 
High-Cost Areas set forth under subpart D of part 
54 of title 47, Code of Federal Regulations, or any 
successor thereto; 
(ii) the Rural Digital Opportunity Fund set forth 
under subpart J of part 54 of title 47, Code of Federal 
Regulations, or any successor thereto; 
(iii) the Interstate Common Line Support Mecha-
nism for Rate-of-Return Carriers set forth under sub-
part K of part 54 of title 47, Code of Federal Regula-
tions, or any successor thereto; 
(iv) the Mobility Fund and 5G Fund set forth under 
subpart L of part 54 of title 47, Code of Federal Regula-
tions, or any successor thereto; and 
(v) the High Cost Loop Support for Rate-of-Return 
Carriers program set forth under subpart M of part 
54 of title 47, Code of Federal Regulations, or any 
successor thereto. 
(2) INTERAGENCY AGREEMENT.—Not later than 180 days 
after the date of enactment of this Act, the heads of the covered 
agencies shall enter into an interagency agreement requiring 
coordination between the covered agencies for the distribution 
of funds for broadband deployment under— 
(A) the high-cost programs; 
(B) the programs administered by the Rural Utilities 
Service of the Department of Agriculture and the Depart-
ment of Agriculture; and 
(C) the programs administered by or coordinated 
through the National Telecommunications and Information 
Administration. 
(3) REQUIREMENTS.—In entering into an interagency agree-
ment with respect to the programs described in paragraph 
(2), the heads of the covered agencies shall— 
(A) require that the covered agencies share information 
with each other about existing or planned projects that 
have received or will receive funds under the programs 
described in paragraph (2) for new broadband deployment; 
(B) provide that— 
(i) subject to clause (ii), upon request from another 
covered agency with authority to award or authorize 
any funds for new broadband deployment in a project 
area, a covered agency shall provide the other covered 
agency with any information the covered agency pos-
sesses regarding, with respect to the project area— 
(I) each entity that provides broadband service 
in the area;
H. R. 133—2034 
(II) levels of broadband service provided in 
the area, including the speed of broadband service 
and the technology provided; 
(III) the geographic scope of broadband service 
coverage in the area; and 
(IV) each entity that has received or will 
receive funds under the programs described in 
paragraph (2) to provide broadband service in the 
area; and 
(ii) if a covered agency designates any information 
provided to another covered agency under clause (i) 
as confidential, the other covered agency shall protect 
the confidentiality of that information; 
(C) consider basing the distribution of funds for 
broadband deployment under the programs described in 
paragraph (2) on standardized data regarding broadband 
coverage; and 
(D) provide that the interagency agreement shall be 
updated periodically, except that the scope of the agreement 
with respect to the Federal Communications Commission 
may not expand beyond the high-cost programs. 
(4) ASSESSMENT OF AGREEMENT.— 
(A) PUBLIC
COMMENT.—Not later than 1 year after 
entering into the interagency agreement required under 
paragraph (2), the Federal Communications Commission 
shall seek public comment on— 
(i) the effectiveness of the interagency agreement 
in facilitating efficient use of funds for broadband 
deployment; 
(ii) the availability of Tribal, State, and local data 
regarding broadband deployment and the inclusion of 
that data in interagency coordination; and 
(iii) modifications to the interagency agreement 
that would improve the efficacy of interagency 
coordination. 
(B) ASSESSMENT; REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Federal Commu-
nications Commission shall— 
(i) review and assess the comments received under 
subparagraph (A); and 
(ii) submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House 
of Representatives a report detailing any findings and 
recommendations from the assessment conducted 
under clause (i). 
SEC. 905. REALLOCATION AND AUCTION OF 3450–3550 MHZ SPECTRUM 
BAND. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Beat China 
by Harnessing Important, National Airwaves for 5G Act of 2020’’ 
or the ‘‘Beat CHINA for 5G Act of 2020’’. 
(b) DEFINITIONS.—In this Act— 
(1) the term ‘‘Commission’’ means the Federal Communica-
tions Commission; and
H. R. 133—2035 
(2) the term ‘‘covered band’’ means the band of electro-
magnetic spectrum between the frequencies of 3450 megahertz 
and 3550 megahertz, inclusive. 
(c) WITHDRAWAL OR MODIFICATION OF FEDERAL GOVERNMENT 
ASSIGNMENTS.—The President, acting through the Assistant Sec-
retary of Commerce for Communications and Information, shall— 
(1) not later than 180 days after the date of enactment 
of this Act, in coordination with relevant Federal users, begin 
the process of withdrawing or modifying the assignments to 
Federal Government stations of the covered band as necessary 
for the Commission to comply with subsection (d); and 
(2) not later than 30 days after completing any necessary 
withdrawal or modification under paragraph (1), notify the 
Commission that the withdrawal or modification is complete. 
(d) REALLOCATION AND AUCTION.— 
(1) IN GENERAL.—The Commission shall— 
(A) revise the non-Federal allocation for the covered 
band to permit flexible-use services; and 
(B) notwithstanding paragraph (15)(A) of section 309(j) 
of the Communications Act of 1934 (47 U.S.C. 309(j)), not 
later than December 31, 2021, begin a system of competi-
tive bidding under that section to grant new initial licenses 
for the use of a portion or all of the covered band, subject 
to flexible-use service rules. 
(2) EXEMPTION
FROM
NOTIFICATION
REQUIREMENT.—The 
first sentence of section 113(g)(4)(A) of the National Tele-
communications and Information Administration Organization 
Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to 
the system of competitive bidding required under paragraph 
(1)(B) of this subsection. 
(3) PROCEEDS TO COVER 110 PERCENT OF FEDERAL RELOCA-
TION OR SHARING COSTS.—Nothing in paragraph (1) shall be 
construed to relieve the Commission from the requirements 
of section 309(j)(16)(B) of the Communications Act of 1934 
(47 U.S.C. 309(j)(16)(B)). 
TITLE X—BANKRUPTCY RELIEF 
SEC. 1001. BANKRUPTCY RELIEF. 
(a) PROPERTY OF THE ESTATE.— 
(1) IN GENERAL.—Section 541(b) of title 11, United States 
Code, is amended— 
(A) in paragraph (9), in the matter following subpara-
graph (B), by striking ‘‘or’’; 
(B) in paragraph (10)(C), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (10) the following: 
‘‘(11) recovery rebates made under section 6428 of the 
Internal Revenue Code of 1986.’’. 
(2) SUNSET.—Effective on the date that is 1 year after 
the date of enactment of this Act, section 541(b) of title 11, 
United States Code, is amended— 
(A) in paragraph (9), in the matter following subpara-
graph (B), by adding ‘‘or’’ at the end; 
(B) in paragraph (10)(C), by striking ‘‘; or’’ and inserting 
a period; and
H. R. 133—2036 
(C) by striking paragraph (11). 
(b) DISCHARGE.— 
(1) IN GENERAL.—Section 1328 of title 11, United States 
Code, is amended by adding at the end the following: 
‘‘(i) Subject to subsection (d), after notice and a hearing, the 
court may grant a discharge of debts dischargeable under subsection 
(a) to a debtor who has not completed payments to the trustee 
or a creditor holding a security interest in the principal residence 
of the debtor if— 
‘‘(1) the debtor defaults on not more than 3 monthly pay-
ments due on a residential mortgage under section 1322(b)(5) 
on or after March 13, 2020, to the trustee or creditor caused 
by a material financial hardship due, directly or indirectly, 
by the coronavirus disease 2019 (COVID–19) pandemic; or 
‘‘(2)(A) the plan provides for the curing of a default and 
maintenance of payments on a residential mortgage under sec-
tion 1322(b)(5); and 
‘‘(B) the debtor has entered into a forbearance agreement 
or loan modification agreement with the holder or servicer 
(as defined in section 6(i) of the Real Estate Settlement Proce-
dures Act of 1974 (12 U.S.C. 2605(i)) of the mortgage described 
in subparagraph (A).’’. 
(2) SUNSET.—Effective on the date that is 1 year after 
the date of enactment of this Act, section 1328 of title 11, 
United States Code, is amended by striking subsection (i). 
(c) PROTECTION AGAINST DISCRIMINATORY TREATMENT.— 
(1) IN GENERAL.—Section 525 of title 11, United States 
Code, is amended by adding at the end the following: 
‘‘(d) A person may not be denied relief under sections 4022 
through 4024 of the CARES Act (15 U.S.C. 9056, 9057, 9058) 
because the person is or has been a debtor under this title.’’. 
(2) SUNSET.—Effective on the date that is 1 year after 
the date of enactment of this Act, section 525 of title 11, 
United States Code, is amended by striking subsection (d). 
(d) CARES FORBEARANCE CLAIMS.— 
(1) FILING OF PROOFS OF CLAIMS OR INTERESTS.—Section 
501 of title 11, United States Code, is amended by adding 
at the end the following: 
‘‘(f)(1) In this subsection— 
‘‘(A) the term ‘CARES forbearance claim’ means a supple-
mental claim for the amount of a Federally backed mortgage 
loan or a Federally backed multifamily mortgage loan that 
was not received by an eligible creditor during the forbearance 
period of a loan granted forbearance under section 4022 or 
4023 of the CARES Act (15 U.S.C. 9056, 9057); 
‘‘(B) the term ‘eligible creditor’ means a servicer (as defined 
in section 6(i) of the Real Estate Settlement Procedures Act 
of 1974 (12 U.S.C. 2605(i)) with a claim for a Federally backed 
mortgage loan or a Federally backed multifamily mortgage 
loan of the debtor that is provided for by a plan under section 
1322(b)(5); 
‘‘(C) the term ‘Federally backed mortgage loan’ has the 
meaning given the term in section 4022(a) of the CARES Act 
(15 U.S.C. 9056(a)); and 
‘‘(D) the term ‘Federally backed multifamily mortgage loan’ 
has the meaning given the term in section 4023(f) of the CARES 
Act (15 U.S.C. 9057(f)).
H. R. 133—2037 
‘‘(2)(A) Only an eligible creditor may file a supplemental proof 
of claim for a CARES forbearance claim. 
‘‘(B) If an underlying mortgage loan obligation has been modi-
fied or deferred by an agreement of the debtor and an eligible 
creditor of the mortgage loan in connection with a mortgage forbear-
ance granted under section 4022 or 4023 of the CARES Act (15 
U.S.C. 9056, 9057) in order to cure mortgage payments forborne 
under the forbearance, the proof of claim filed under subparagraph 
(A) shall include— 
‘‘(i) the relevant terms of the modification or deferral; 
‘‘(ii) for a modification or deferral that is in writing, a 
copy of the modification or deferral; and 
‘‘(iii) a description of the payments to be deferred until 
the date on which the mortgage loan matures.’’. 
(2) ALLOWANCE OF CLAIMS OR INTERESTS.—Section 502(b)(9) 
of title 11, United States Code, is amended to read as follows: 
‘‘(9) proof of such claim is not timely filed, except to the 
extent tardily filed as permitted under paragraph (1), (2), or 
(3) of section 726(a) or under the Federal Rules of Bankruptcy 
Procedure, except that— 
‘‘(A) a claim of a governmental unit shall be timely 
filed if it is filed before 180 days after the date of the 
order for relief or such later time as the Federal Rules 
of Bankruptcy Procedure may provide; 
‘‘(B) in a case under chapter 13, a claim of a govern-
mental unit for a tax with respect to a return filed under 
section 1308 shall be timely if the claim is filed on or 
before the date that is 60 days after the date on which 
such return was filed as required; and 
‘‘(C) a CARES forbearance claim (as defined in section 
501(f)(1)) shall be timely filed if the claim is filed before 
the date that is 120 days after the expiration of the forbear-
ance period of a loan granted forbearance under section 
4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057).’’. 
(3) SUNSET.—Effective on the date that is 1 year after 
the date of enactment of this Act— 
(A) section 501 of title 11, United States Code, is 
amended by striking subsection (f); and 
(B) section 502(b)(9) of title 11, United States Code, 
is amended— 
(i) in subparagraph (A), by adding ‘‘and’’ at the 
end; 
(ii) in subparagraph (B), by striking ‘‘; and’’ and 
inserting a period; and 
(iii) by striking subparagraph (C). 
(e) MODIFICATION OF PLAN AFTER CONFIRMATION.— 
(1) IN GENERAL.—Section 1329 of title 11, United States 
Code, is amended by adding at the end the following: 
‘‘(e)(1) A debtor of a case for which a creditor files a proof 
of claim under section 501(f) may file a request for a modification 
of the plan to provide for the proof of claim. 
‘‘(2) If the debtor does not file a request for a modification 
of the plan under paragraph (1) on or before the date that is 
30 days after the date on which a creditor files a claim under 
section 501(f), after notice, the court, on a motion of the court
H. R. 133—2038 
or on a motion of the United States trustee, the trustee, a bank-
ruptcy administrator, or any party in interest, may request a modi-
fication of the plan to provide for the proof of claim.’’. 
(2) SUNSET.—Effective on the date that is 1 year after 
the date of enactment of this Act, section 1329 of title 11, 
United States Code, is amended by striking subsection (e). 
(f) EXECUTORY CONTRACTS AND UNEXPIRED LEASES.— 
(1) IN GENERAL.—Section 365(d) of title 11, United States 
Code, is amended— 
(A) in paragraph (3)— 
(i) by inserting ‘‘(A)’’ after ‘‘(3)’’; 
(ii) by inserting ‘‘, except as provided in subpara-
graph (B)’’ after ‘‘such 60-day period’’; and 
(iii) by adding at the end the following: 
‘‘(B) In a case under subchapter V of chapter 11, the time 
for performance of an obligation described in subparagraph (A) 
arising under any unexpired lease of nonresidential real property 
may be extended by the court if the debtor is experiencing or 
has experienced a material financial hardship due, directly or 
indirectly, to the coronavirus disease 2019 (COVID–19) pandemic 
until the earlier of— 
‘‘(i) the date that is 60 days after the date of the order 
for relief, which may be extended by the court for an additional 
period of 60 days if the court determines that the debtor is 
continuing to experience a material financial hardship due, 
directly or indirectly, to the coronavirus disease 2019 (COVID– 
19) pandemic; or 
‘‘(ii) the date on which the lease is assumed or rejected 
under this section. 
‘‘(C) An obligation described in subparagraph (A) for which 
an extension is granted under subparagraph (B) shall be treated 
as an administrative expense described in section 507(a)(2) for 
the purpose of section 1191(e).’’; and 
(B) in paragraph (4), by striking ‘‘120’’ each place it 
appears and inserting ‘‘210’’. 
(2) SUNSET.— 
(A) IN GENERAL.—Effective on the date that is 2 years 
after the date of enactment of this Act, section 365(d) 
of title 11, United States Code, is amended— 
(i) in paragraph (3)— 
(I) by striking ‘‘(A)’’ after ‘‘(3)’’; 
(II) by striking ‘‘, except as provided in 
subparagraph (B)’’ after ‘‘such 60-day period’’; and 
(III) by striking subparagraphs (B) and (C); 
and 
(ii) in paragraph (4), by striking ‘‘210’’ each place 
it appears and inserting ‘‘120’’. 
(B) SUBCHAPTER V CASES FILED BEFORE SUNSET.—Not-
withstanding the amendments made by subparagraph (A), 
the amendments made by paragraph (1) shall apply in 
any case commenced under subchapter V of chapter 11 
of title 11, United States Code, before the date that is 
2 years after the date of enactment of this Act. 
(g) PREFERENCES.— 
(1) IN GENERAL.—Section 547 of title 11, United States 
Code, is amended—
H. R. 133—2039 
(A) in subsection (b), in the matter preceding paragraph 
(1), by striking ‘‘and (i)’’ and inserting ‘‘, (i), and (j)’’; and 
(B) by adding at the end the following: 
‘‘(j)(1) In this subsection: 
‘‘(A) The term ‘covered payment of rental arrearages’ means 
a payment of arrearages that— 
‘‘(i) is made in connection with an agreement or 
arrangement— 
‘‘(I) between the debtor and a lessor to defer or 
postpone the payment of rent and other periodic 
charges under a lease of nonresidential real property; 
and 
‘‘(II) made or entered into on or after March 13, 
2020; 
‘‘(ii) does not exceed the amount of rental and other 
periodic charges agreed to under the lease of nonresidential 
real property described in clause (i)(I) before March 13, 
2020; and 
‘‘(iii) does not include fees, penalties, or interest in 
an amount greater than the amount of fees, penalties, 
or interest— 
‘‘(I) scheduled to be paid under the lease of nonresi-
dential real property described in clause (i)(I); or 
‘‘(II) that the debtor would owe if the debtor had 
made every payment due under the lease of nonresi-
dential real property described in clause (i)(I) on time 
and in full before March 13, 2020. 
‘‘(B) The term ‘covered payment of supplier arrearages’ 
means a payment of arrearages that— 
‘‘(i) is made in connection with an agreement or 
arrangement— 
‘‘(I) between the debtor and a supplier of goods 
or services to defer or postpone the payment of amounts 
due under an executory contract for goods or services; 
and 
‘‘(II) made or entered into on or after March 13, 
2020; 
‘‘(ii) does not exceed the amount due under the execu-
tory contract described in clause (i)(I) before March 13, 
2020; and 
‘‘(iii) does not include fees, penalties, or interest in 
an amount greater than the amount of fees, penalties, 
or interest— 
‘‘(I) scheduled to be paid under the executory con-
tract described in clause (i)(I); or 
‘‘(II) that the debtor would owe if the debtor had 
made every payment due under the executory contract 
described in clause (i)(I) on time and in full before 
March 13, 2020. 
‘‘(2) The trustee may not avoid a transfer under this section 
for— 
‘‘(A) a covered payment of rental arrearages; or 
‘‘(B) a covered payment of supplier arrearages.’’. 
(2) SUNSET.— 
(A) IN GENERAL.—Effective on the date that is 2 years 
after the date of enactment of this Act, section 547 of 
title 11, United States Code, is amended—
H. R. 133—2040 
(i) in subsection (b), in the matter preceding para-
graph (1), by striking ‘‘, (i), and (j)’’ and inserting 
‘‘and (i)’’; and 
(ii) by striking subsection (j). 
(B) CASES FILED BEFORE SUNSET.—Notwithstanding the 
amendments made by subparagraph (A), the amendments 
made by paragraph (1) shall apply in any case commenced 
under title 11, United States Code, before the date that 
is 2 years after the date of enactment of this Act. 
(h) TERMINATION OF UTILITY SERVICES.— 
(1) IN GENERAL.—Section 366 of title 11, United States 
Code, is amended by adding at the end the following: 
‘‘(d) Notwithstanding any other provision of this section, a 
utility may not alter, refuse, or discontinue service to a debtor 
who does not furnish adequate assurance of payment under this 
section if the debtor— 
‘‘(1) is an individual; 
‘‘(2) makes a payment to the utility for any debt owed 
to the utility for service provided during the 20-day period 
beginning on the date of the order for relief; and 
‘‘(3) after the date on which the 20-day period beginning 
on the date of the order for relief ends, makes a payment 
to the utility for services provided during the pendency of 
case when such a payment becomes due.’’. 
(2) SUNSET.—Effective on the date that is 1 year after 
the date of enactment of this Act, section 366 of title 11, 
United States Code, is amended by striking subsection (d). 
(i) CUSTOMS DUTIES.— 
(1) IN GENERAL.—Section 507(d) of title 11, United States 
Code, is amended— 
(A) by striking ‘‘, (a)(8)’’; 
(B) by inserting ‘‘or subparagraphs (A) through (E) 
and (G) of subsection (a)(8)’’ after ‘‘(a)(9)’’; and 
(C) inserting ‘‘or subparagraph’’ after ‘‘such subsection’’. 
(2) SUNSET.—Effective on the date that is 1 year after 
the date of enactment of this Act, section 507(d) of title 11, 
United States Code, is amended— 
(A) by inserting ‘‘, (a)(8)’’ before ‘‘, or (a)(9)’’; 
(B) by striking ‘‘or subparagraphs (A) through (E) and 
(G) of subsection (a)(8)’’; and 
(C) by striking ‘‘or subparagraph’’ after ‘‘such sub-
section’’. 
TITLE XI—WESTERN WATER AND 
INDIAN AFFAIRS 
SEC. 1101. AGING INFRASTRUCTURE ACCOUNT. 
Section 9603 of the Omnibus Public Land Management Act 
of 2009 (43 U.S.C. 510b) is amended by adding at the end the 
following: 
‘‘(d) AGING INFRASTRUCTURE ACCOUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in the general 
fund of the Treasury a special account, to be known as the 
‘Aging Infrastructure Account’ (referred to in this subsection 
as the ‘Account’), to provide funds to, and provide for the
H. R. 133—2043 
the minimum necessary repayment period rec-
ommended by the Secretary; and 
‘‘(iii) an analysis of alternative non-Federal funding 
options; 
‘‘(D) describes the allocation of funds from deposits 
into the Account under paragraph (3)(B); and 
‘‘(E) describes the balance of funds in the Account 
as of the date of the report. 
‘‘(6) ALTERNATIVE ALLOCATION.— 
‘‘(A) IN GENERAL.—Appropriations Acts may provide 
for alternate allocation of amounts reported pursuant to 
paragraph (5)(D) that are made available under this sub-
section. 
‘‘(B) ALLOCATION BY SECRETARY.— 
‘‘(i) NO ALTERNATE ALLOCATIONS.—If Congress has 
not enacted legislation establishing alternate alloca-
tions by the date on which the Act making full-year 
appropriations for energy and water development and 
related agencies for the applicable fiscal year is enacted 
into law, amounts made available under paragraph 
(1) shall be allocated by the Secretary. 
‘‘(ii) INSUFFICIENT
ALTERNATE
ALLOCATIONS.—If 
Congress enacts legislation establishing alternate 
allocations for amounts made available under para-
graph (1) that are less than the full amount appro-
priated under that paragraph, the difference between 
the amount appropriated and the alternate allocation 
shall be allocated by the Secretary. 
‘‘(7) EFFECT OF SUBSECTION.—Nothing in this subsection 
affects— 
‘‘(A) any funding provided, or contracts entered into, 
under subsection (a) before the date of enactment of this 
subsection; or 
‘‘(B) the use of funds otherwise made available to the 
Secretary to carry out subsection (a).’’. 
SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT. 
(a) PURPOSES.—The purposes of this section are— 
(1) to achieve a fair, equitable, and final settlement of 
all claims to water rights in the State of Utah for— 
(A) the Navajo Nation; and 
(B) the United States, for the benefit of the Nation; 
(2) to authorize, ratify, and confirm the agreement entered 
into by the Nation and the State, to the extent that the agree-
ment is consistent with this section; 
(3) to authorize and direct the Secretary— 
(A) to execute the agreement; and 
(B) to take any actions necessary to carry out the 
agreement in accordance with this section; and 
(4) to authorize funds necessary for the implementation 
of the agreement and this section. 
(b) DEFINITIONS.—In this section: 
(1) AGREEMENT.—The term ‘‘agreement’’ means— 
(A) the document entitled ‘‘Navajo Utah Water Rights 
Settlement Agreement’’ dated December 14, 2015, and the 
exhibits attached thereto; and
H. R. 133—2044 
(B) any amendment or exhibit to the document or 
exhibits referenced in subparagraph (A) to make the docu-
ment or exhibits consistent with this section. 
(2) ALLOTMENT.—The term ‘‘allotment’’ means a parcel of 
land— 
(A) granted out of the public domain that is— 
(i) located within the exterior boundaries of the 
Reservation; or 
(ii) Bureau of Indian Affairs parcel number 792 
634511 in San Juan County, Utah, consisting of 160 
acres located in Township 41S, Range 20E, sections 
11, 12, and 14, originally set aside by the United 
States for the benefit of an individual identified in 
the allotting document as a Navajo Indian; and 
(B) held in trust by the United States— 
(i) for the benefit of an individual, individuals, 
or an Indian Tribe other than the Navajo Nation; or 
(ii) in part for the benefit of the Navajo Nation 
as of the enforceability date. 
(3) ALLOTTEE.—The term ‘‘allottee’’ means an individual 
or Indian Tribe with a beneficial interest in an allotment held 
in trust by the United States. 
(4) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 
means the date on which the Secretary publishes in the Federal 
Register the statement of findings described in subsection (g)(1). 
(5) GENERAL STREAM ADJUDICATION.—The term ‘‘general 
stream adjudication’’ means the adjudication pending, as of 
the date of enactment of this Act, in the Seventh Judicial 
District in and for Grand County, State of Utah, commonly 
known as the ‘‘Southeastern Colorado River General Adjudica-
tion’’, Civil No. 810704477, conducted pursuant to State law. 
(6) INJURY TO WATER RIGHTS.—The term ‘‘injury to water 
rights’’ means an interference with, diminution of, or depriva-
tion of water rights under Federal or State law, excluding 
injuries to water quality. 
(7) MEMBER.—The term ‘‘member’’ means any person who 
is a duly enrolled member of the Navajo Nation. 
(8) NAVAJO NATION OR NATION.—The term ‘‘Navajo Nation’’ 
or ‘‘Nation’’ means a body politic and federally recognized Indian 
nation, as published on the list established under section 104(a) 
of the Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 5131(a)), also known variously as the ‘‘Navajo 
Nation’’, the ‘‘Navajo Nation of Arizona, New Mexico, & Utah’’, 
and the ‘‘Navajo Nation of Indians’’ and other similar names, 
and includes all bands of Navajo Indians and chapters of the 
Navajo Nation and all divisions, agencies, officers, and agents 
thereof. 
(9) NAVAJO
WATER
DEVELOPMENT
PROJECTS.—The term 
‘‘Navajo water development projects’’ means projects for 
domestic municipal water supply, including distribution infra-
structure, and agricultural water conservation, to be con-
structed, in whole or in part, using monies from the Navajo 
Water Development Projects Account. 
(10) NAVAJO
WATER
RIGHTS.—The term ‘‘Navajo water 
rights’’ means the Nation’s water rights in Utah described 
in the agreement and this section.
H. R. 133—2045 
(11) OM&R.—The term ‘‘OM&R’’ means operation, mainte-
nance, and replacement. 
(12) PARTIES.—The term ‘‘parties’’ means the Navajo 
Nation, the State, and the United States. 
(13) RESERVATION.—The term ‘‘Reservation’’ means, for 
purposes of the agreement and this section, the Reservation 
of the Navajo Nation in Utah as in existence on the date 
of enactment of this Act and depicted on the map attached 
to the agreement as Exhibit A, including any parcel of land 
granted out of the public domain and held in trust by the 
United States entirely for the benefit of the Navajo Nation 
as of the enforceability date. 
(14) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior or a duly authorized representative 
thereof. 
(15) STATE.—The term ‘‘State’’ means the State of Utah 
and all officers, agents, departments, and political subdivisions 
thereof. 
(16) UNITED STATES.—The term ‘‘United States’’ means the 
United States of America and all departments, agencies, 
bureaus, officers, and agents thereof. 
(17) UNITED STATES ACTING IN ITS TRUST CAPACITY.—The 
term ‘‘United States acting in its trust capacity’’ means the 
United States acting for the benefit of the Navajo Nation or 
for the benefit of allottees. 
(c) RATIFICATION OF AGREEMENT.— 
(1) APPROVAL
BY
CONGRESS.—Except to the extent that 
any provision of the agreement conflicts with this section, Con-
gress approves, ratifies, and confirms the agreement (including 
any amendments to the agreement that are executed to make 
the agreement consistent with this section). 
(2) EXECUTION BY SECRETARY.—The Secretary is authorized 
and directed to promptly execute the agreement to the extent 
that the agreement does not conflict with this section, 
including— 
(A) any exhibits to the agreement requiring the signa-
ture of the Secretary; and 
(B) any amendments to the agreement necessary to 
make the agreement consistent with this section. 
(3) ENVIRONMENTAL COMPLIANCE.— 
(A) IN GENERAL.—In implementing the agreement and 
this section, the Secretary shall comply with all applicable 
provisions of— 
(i) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(ii) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
(iii) all other applicable environmental laws and 
regulations. 
(B) EXECUTION OF THE AGREEMENT.—Execution of the 
agreement by the Secretary as provided for in this section 
shall not constitute a major Federal action under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(d) NAVAJO WATER RIGHTS.— 
(1) CONFIRMATION OF NAVAJO WATER RIGHTS.—
H. R. 133—2046 
(A) QUANTIFICATION.—The Navajo Nation shall have 
the right to use water from water sources located within 
Utah and adjacent to or encompassed within the boundaries 
of the Reservation resulting in depletions not to exceed 
81,500 acre-feet annually as described in the agreement 
and as confirmed in the decree entered by the general 
stream adjudication court. 
(B) SATISFACTION
OF
ALLOTTEE
RIGHTS.—Depletions 
resulting from the use of water on an allotment shall 
be accounted for as a depletion by the Navajo Nation for 
purposes of depletion accounting under the agreement, 
including recognition of— 
(i) any water use existing on an allotment as of 
the date of enactment of this Act and as subsequently 
reflected in the hydrographic survey report referenced 
in subsection (f)(2); 
(ii) reasonable domestic and stock water uses put 
into use on an allotment; and 
(iii) any allotment water rights that may be 
decreed in the general stream adjudication or other 
appropriate forum. 
(C) SATISFACTION
OF
ON-RESERVATION
STATE
LAW- 
BASED WATER RIGHTS.—Depletions resulting from the use 
of water on the Reservation pursuant to State law-based 
water rights existing as of the date of enactment of this 
Act shall be accounted for as depletions by the Navajo 
Nation for purposes of depletion accounting under the 
agreement. 
(D) IN GENERAL.—The Navajo water rights are ratified, 
confirmed, and declared to be valid. 
(E) USE.—Any use of the Navajo water rights shall 
be subject to the terms and conditions of the agreement 
and this section. 
(F) CONFLICT.—In the event of a conflict between the 
agreement and this section, the provisions of this section 
shall control. 
(2) TRUST STATUS OF NAVAJO WATER RIGHTS.—The Navajo 
water rights— 
(A) shall be held in trust by the United States for 
the use and benefit of the Nation in accordance with the 
agreement and this section; and 
(B) shall not be subject to forfeiture or abandonment. 
(3) AUTHORITY OF THE NATION.— 
(A) IN GENERAL.—The Nation shall have the authority 
to allocate, distribute, and lease the Navajo water rights 
for any use on the Reservation in accordance with the 
agreement, this section, and applicable Tribal and Federal 
law. 
(B) OFF-RESERVATION USE.—The Nation may allocate, 
distribute, and lease the Navajo water rights for off-Res-
ervation use in accordance with the agreement, subject 
to the approval of the Secretary. 
(C) ALLOTTEE WATER RIGHTS.—The Nation shall not 
object in the general stream adjudication or other 
applicable forum to the quantification of reasonable 
domestic and stock water uses on an allotment, and shall
H. R. 133—2047 
administer any water use on the Reservation in accordance 
with applicable Federal law, including recognition of— 
(i) any water use existing on an allotment as of 
the date of enactment of this Act and as subsequently 
reflected in the hydrographic survey report referenced 
in subsection (f)(2); 
(ii) reasonable domestic and stock water uses on 
an allotment; and 
(iii) any allotment water rights decreed in the gen-
eral stream adjudication or other appropriate forum. 
(4) EFFECT.—Except as otherwise expressly provided in 
this subsection, nothing in this section— 
(A) authorizes any action by the Nation against the 
United States under Federal, State, Tribal, or local law; 
or 
(B) alters or affects the status of any action brought 
pursuant to section 1491(a) of title 28, United States Code. 
(e) NAVAJO TRUST ACCOUNTS.— 
(1) ESTABLISHMENT.—The Secretary shall establish a trust 
fund, to be known as the ‘‘Navajo Utah Settlement Trust Fund’’ 
(referred to in this section as the ‘‘Trust Fund’’), to be managed, 
invested, and distributed by the Secretary and to remain avail-
able until expended, consisting of the amounts deposited in 
the Trust Fund under paragraph (3), together with any interest 
earned on those amounts, for the purpose of carrying out this 
section. 
(2) ACCOUNTS.—The Secretary shall establish in the Trust 
Fund the following Accounts (referred to in this subsection 
as the ‘‘Trust Fund Accounts’’): 
(A) The Navajo Water Development Projects Account. 
(B) The Navajo OM&R Account. 
(3) DEPOSITS.—The Secretary shall deposit in the Trust 
Fund Accounts— 
(A) in the Navajo Water Development Projects Account, 
the amounts made available pursuant to subsection 
(f)(1)(A); and 
(B) in the Navajo OM&R Account, the amount made 
available pursuant to subsection (f)(1)(B). 
(4) MANAGEMENT AND INTEREST.— 
(A) MANAGEMENT.—Upon receipt and deposit of the 
funds into the Trust Fund Accounts, the Secretary shall 
manage, invest, and distribute all amounts in the Trust 
Fund in a manner that is consistent with the investment 
authority of the Secretary under— 
(i) the first section of the Act of June 24, 1938 
(25 U.S.C. 162a); 
(ii) the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and 
(iii) this subsection. 
(B) INVESTMENT EARNINGS.—In addition to the deposits 
under paragraph (3), any investment earnings, including 
interest, credited to amounts held in the Trust Fund are 
authorized to be appropriated to be used in accordance 
with the uses described in paragraph (8). 
(5) AVAILABILITY OF AMOUNTS.—Amounts appropriated to, 
and deposited in, the Trust Fund, including any investment 
earnings, shall be made available to the Nation by the Secretary
H. R. 133—2049 
(7) EFFECT OF TITLE.—Nothing in this section gives the 
Nation the right to judicial review of a determination of the 
Secretary regarding whether to approve a Tribal management 
plan or an expenditure plan except under subchapter II of 
chapter 5, and chapter 7, of title 5, United States Code (com-
monly known as the ‘‘Administrative Procedure Act’’). 
(8) USES.—Amounts from the Trust Fund shall be used 
by the Nation for the following purposes: 
(A) The Navajo Water Development Projects Account 
shall be used to plan, design, and construct the Navajo 
water development projects and for the conduct of related 
activities, including to comply with Federal environmental 
laws. 
(B) The Navajo OM&R Account shall be used for the 
operation, maintenance, and replacement of the Navajo 
water development projects. 
(9) LIABILITY.—The Secretary and the Secretary of the 
Treasury shall not be liable for the expenditure or investment 
of any amounts withdrawn from the Trust Fund by the Nation 
under paragraph (6). 
(10) NO
PER
CAPITA
DISTRIBUTIONS.—No portion of the 
Trust Fund shall be distributed on a per capita basis to any 
member of the Nation. 
(11) EXPENDITURE
REPORTS.—The Navajo Nation shall 
submit to the Secretary annually an expenditure report 
describing accomplishments and amounts spent from use of 
withdrawals under a Tribal management plan or an expendi-
ture plan as described in this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AUTHORIZATION.—There are authorized to be appro-
priated to the Secretary— 
(A) for deposit in the Navajo Water Development 
Projects Account of the Trust Fund established under sub-
section (e)(2)(A), $198,300,000, which funds shall be 
retained until expended, withdrawn, or reverted to the 
general fund of the Treasury; and 
(B) for deposit in the Navajo OM&R Account of the 
Trust 
Fund 
established 
under 
subsection 
(e)(2)(B), 
$11,100,000, which funds shall be retained until expended, 
withdrawn, or reverted to the general fund of the Treasury. 
(2) IMPLEMENTATION
COSTS.—There is authorized to be 
appropriated non-trust funds in the amount of $1,000,000 to 
assist the United States with costs associated with the 
implementation of this section, including the preparation of 
a hydrographic survey of historic and existing water uses on 
the Reservation and on allotments. 
(3) STATE
COST
SHARE.—The State shall contribute 
$8,000,000 payable to the Secretary for deposit into the Navajo 
Water Development Projects Account of the Trust Fund estab-
lished under subsection (e)(2)(A) in installments in each of 
the 3 years following the execution of the agreement by the 
Secretary as provided for in subsection (c)(2). 
(4) FLUCTUATION IN COSTS.—The amount authorized to be 
appropriated under paragraph (1) shall be increased or 
decreased, as appropriate, by such amounts as may be justified 
by reason of ordinary fluctuations in costs occurring after the
H. R. 133—2050 
date of enactment of this Act as indicated by the Bureau 
of Reclamation Construction Cost Index—Composite Trend. 
(A) REPETITION.—The adjustment process under this 
paragraph shall be repeated for each subsequent amount 
appropriated until the amount authorized, as adjusted, has 
been appropriated. 
(B) PERIOD
OF
INDEXING.—The period of indexing 
adjustment for any increment of funding shall end on the 
date on which funds are deposited into the Trust Fund. 
(g) CONDITIONS PRECEDENT.— 
(1) IN GENERAL.—The waivers and releases contained in 
subsection (h) shall become effective as of the date the Secretary 
causes to be published in the Federal Register a statement 
of findings that— 
(A) to the extent that the agreement conflicts with 
this section, the agreement has been revised to conform 
with this section; 
(B) the agreement, so revised, including waivers and 
releases of claims set forth in subsection (h), has been 
executed by the parties, including the United States; 
(C) Congress has fully appropriated, or the Secretary 
has provided from other authorized sources, all funds 
authorized under subsection (f)(1); 
(D) the State has enacted any necessary legislation 
and provided the funding required under the agreement 
and subsection (f)(3); and 
(E) the court has entered a final or interlocutory decree 
that— 
(i) confirms the Navajo water rights consistent 
with the agreement and this section; and 
(ii) with respect to the Navajo water rights, is 
final and nonappealable. 
(2) EXPIRATION
DATE.—If all the conditions precedent 
described in paragraph (1) have not been fulfilled to allow 
the Secretary’s statement of findings to be published in the 
Federal Register by October 31, 2030— 
(A) the agreement and this section, including waivers 
and releases of claims described in those documents, shall 
no longer be effective; 
(B) any funds that have been appropriated pursuant 
to subsection (f) but not expended, including any invest-
ment earnings on funds that have been appropriated pursu-
ant to such subsection, shall immediately revert to the 
general fund of the Treasury; and 
(C) any funds contributed by the State pursuant to 
subsection (f)(3) but not expended shall be returned imme-
diately to the State. 
(3) EXTENSION.—The expiration date set forth in paragraph 
(2) may be extended if the Navajo Nation, the State, and 
the United States (acting through the Secretary) agree that 
an extension is reasonably necessary. 
(h) WAIVERS AND RELEASES.— 
(1) IN GENERAL.— 
(A) WAIVER AND RELEASE OF CLAIMS BY THE NATION 
AND THE UNITED STATES ACTING IN ITS CAPACITY AS TRUSTEE 
FOR THE NATION.—Subject to the retention of rights set 
forth in paragraph (3), in return for confirmation of the
H. R. 133—2051 
Navajo water rights and other benefits set forth in the 
agreement and this section, the Nation, on behalf of itself 
and the members of the Nation (other than members in 
their capacity as allottees), and the United States, acting 
as trustee for the Nation and members of the Nation (other 
than members in their capacity as allottees), are authorized 
and directed to execute a waiver and release of— 
(i) all claims for water rights within Utah based 
on any and all legal theories that the Navajo Nation 
or the United States acting in its trust capacity for 
the Nation, asserted, or could have asserted, at any 
time in any proceeding, including to the general stream 
adjudication, up to and including the enforceability 
date, except to the extent that such rights are recog-
nized in the agreement and this section; and 
(ii) all claims for damages, losses, or injuries to 
water rights or claims of interference with, diversion, 
or taking of water rights (including claims for injury 
to lands resulting from such damages, losses, injuries, 
interference with, diversion, or taking of water rights) 
within Utah against the State, or any person, entity, 
corporation, or municipality, that accrued at any time 
up to and including the enforceability date. 
(2) CLAIMS BY THE NAVAJO NATION AGAINST THE UNITED 
STATES.—The Navajo Nation, on behalf of itself (including in 
its capacity as allottee) and its members (other than members 
in their capacity as allottees), shall execute a waiver and release 
of— 
(A) all claims the Navajo Nation may have against 
the United States relating in any manner to claims for 
water rights in, or water of, Utah that the United States 
acting in its trust capacity for the Nation asserted, or 
could have asserted, in any proceeding, including the gen-
eral stream adjudication; 
(B) all claims the Navajo Nation may have against 
the United States relating in any manner to damages, 
losses, or injuries to water, water rights, land, or other 
resources due to loss of water or water rights (including 
damages, losses, or injuries to hunting, fishing, gathering, 
or cultural rights due to loss of water or water rights; 
claims relating to interference with, diversion, or taking 
of water; or claims relating to failure to protect, acquire, 
replace, or develop water or water rights) within Utah 
that first accrued at any time up to and including the 
enforceability date; 
(C) all claims the Nation may have against the United 
States relating in any manner to the litigation of claims 
relating to the Nation’s water rights in proceedings in 
Utah; and 
(D) all claims the Nation may have against the United 
States relating in any manner to the negotiation, execution, 
or adoption of the agreement or this section. 
(3) RESERVATION
OF
RIGHTS
AND
RETENTION
OF
CLAIMS 
BY
THE
NAVAJO
NATION
AND
THE
UNITED
STATES.—Notwith-
standing the waivers and releases authorized in this section, 
the Navajo Nation, and the United States acting in its trust 
capacity for the Nation, retain—
H. R. 133—2052 
(A) all claims for injuries to and the enforcement of 
the agreement and the final or interlocutory decree entered 
in the general stream adjudication, through such legal 
and equitable remedies as may be available in the decree 
court or the Federal District Court for the District of Utah; 
(B) all rights to use and protect water rights acquired 
after the enforceability date; 
(C) all claims relating to activities affecting the quality 
of water, including any claims under the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) (including claims for dam-
ages to natural resources), the Safe Drinking Water Act 
(42 U.S.C. 300f et seq.), and the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the regulations imple-
menting those Acts, and the common law; 
(D) all claims for water rights, and claims for injury 
to water rights, in States other than the State of Utah; 
(E) all claims, including environmental claims, under 
any laws (including regulations and common law) relating 
to human health, safety, or the environment; and 
(F) all rights, remedies, privileges, immunities, and 
powers not specifically waived and released pursuant to 
the agreement and this section. 
(4) EFFECT.—Nothing in the agreement or this section— 
(A) affects the ability of the United States acting in 
its sovereign capacity to take actions authorized by law, 
including any laws relating to health, safety, or the environ-
ment, 
including 
the 
Comprehensive 
Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal 
Act (42 U.S.C. 6901 et seq.), and the regulations imple-
menting those laws; 
(B) affects the ability of the United States to take 
actions in its capacity as trustee for any other Indian 
Tribe or allottee; 
(C) confers jurisdiction on any State court to— 
(i) interpret Federal law regarding health, safety, 
or the environment or determine the duties of the 
United States or other parties pursuant to such Federal 
law; and 
(ii) conduct judicial review of Federal agency 
action; or 
(D) modifies, conflicts with, preempts, or otherwise 
affects— 
(i) the Boulder Canyon Project Act (43 U.S.C. 617 
et seq.); 
(ii) the Boulder Canyon Project Adjustment Act 
(43 U.S.C. 618 et seq.); 
(iii) the Act of April 11, 1956 (commonly known 
as the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 
620 et seq.); 
(iv) the Colorado River Basin Project Act (43 U.S.C. 
1501 et seq.); 
(v) the Treaty between the United States of 
America and Mexico respecting utilization of waters
H. R. 133—2053 
of the Colorado and Tijuana Rivers and of the Rio 
Grande, signed at Washington February 3, 1944 (59 
Stat. 1219); 
(vi) the Colorado River Compact of 1922, as 
approved by the Presidential Proclamation of June 25, 
1929 (46 Stat. 3000); and 
(vii) the Upper Colorado River Basin Compact as 
consented to by the Act of April 6, 1949 (63 Stat. 
31, chapter 48). 
(5) TOLLING OF CLAIMS.— 
(A) IN GENERAL.—Each applicable period of limitation 
and time-based equitable defense relating to a claim waived 
by the Navajo Nation described in this subsection shall 
be tolled for the period beginning on the date of enactment 
of this Act and ending on the enforceability date. 
(B) EFFECT OF PARAGRAPH.—Nothing in this paragraph 
revives any claim or tolls any period of limitation or time- 
based equitable defense that expired before the date of 
enactment of this Act. 
(C) LIMITATION.—Nothing in this subsection precludes 
the tolling of any period of limitations or any time-based 
equitable defense under any other applicable law. 
(i) MISCELLANEOUS PROVISIONS.— 
(1) PRECEDENT.—Nothing in this section establishes any 
standard for the quantification or litigation of Federal reserved 
water rights or any other Indian water claims of any other 
Indian Tribe in any other judicial or administrative proceeding. 
(2) OTHER INDIAN TRIBES.—Nothing in the agreement or 
this section shall be construed in any way to quantify or other-
wise adversely affect the water rights, claims, or entitlements 
to water of any Indian Tribe, band, or community, other than 
the Navajo Nation. 
(j) RELATION TO ALLOTTEES.— 
(1) NO EFFECT ON CLAIMS OF ALLOTTEES.—Nothing in this 
section or the agreement shall affect the rights or claims of 
allottees, or the United States, acting in its capacity as trustee 
for or on behalf of allottees, for water rights or damages related 
to lands allotted by the United States to allottees, except as 
provided in subsection (d)(1)(B). 
(2) RELATIONSHIP OF DECREE TO ALLOTTEES.—Allottees, or 
the United States, acting in its capacity as trustee for allottees, 
are not bound by any decree entered in the general stream 
adjudication confirming the Navajo water rights and shall not 
be precluded from making claims to water rights in the general 
stream adjudication. Allottees, or the United States, acting 
in its capacity as trustee for allottees, may make claims and 
such claims may be adjudicated as individual water rights 
in the general stream adjudication. 
(k) ANTIDEFICIENCY.—The United States shall not be liable 
for any failure to carry out any obligation or activity authorized 
by this section (including any obligation or activity under the agree-
ment) if adequate appropriations are not provided expressly by 
Congress to carry out the purposes of this section.
H. R. 133—2056 
‘‘(iv) complies with the terms of the 611(g) Agree-
ment; and 
‘‘(v) despite diligent efforts cannot complete 
construction of the Regional Water System as described 
in the final Engineering Report (as amended by the 
611(g) Agreement), due solely to the lack of additional 
authorized funding.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘2021’’ and inserting ‘‘2025’’; and 
(B) by striking ‘‘2024’’ and inserting ‘‘2028’’; 
(3) in paragraph (3), in the matter preceding subparagraph 
(A), by striking ‘‘2021’’ and inserting ‘‘2025’’; 
(4) in paragraph (4)(B)(ii)(II), by striking ‘‘2023’’ and 
inserting ‘‘2027’’; and 
(5) in paragraph (5)(A), by striking ‘‘2024’’ and inserting 
‘‘2028’’. 
SEC. 1104. KICKAPOO TRIBE. 
(a) DEFINITION OF UPPER DELAWARE AND TRIBUTARIES WATER-
SHED PLAN.—In this section, the term ‘‘Upper Delaware and Tribu-
taries Watershed Plan’’ means the plan described in the document 
entitled ‘‘Watershed Plan and Environmental Impact Statement 
Upper Delaware and Tributaries Watershed Atchison, Brown, Jack-
son, and Nemaha Counties, Kansas’’, dated January 1994, and 
supplemented in June 1994— 
(1) developed, pursuant to the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1001 et seq.)— 
(A) by the Kickapoo Tribe, certain watershed and con-
servation districts in the State of Kansas, and the Depart-
ment of Wildlife and Parks of the State of Kansas; and 
(B) with the cooperation and technical assistance of 
the Natural Resources Conservation Service; and 
(2) described in the report of the Committee on Environ-
ment and Public Works of the Senate (Senate Report 105– 
13; April 22, 1997). 
(b) STUDY; RECOMMENDATIONS.—To support the purposes of 
achieving a fair, equitable, and final settlement of claims to water 
rights for the Kickapoo Tribe in the State of Kansas, the Secretary 
of Agriculture (acting through the Chief of the Natural Resources 
Conservation Service), in consultation with the Secretary of the 
Interior (acting through the Director of the Secretary’s Indian Water 
Rights Office), shall— 
(1) commence a study of the multipurpose dam described 
in the Upper Delaware and Tributaries Watershed Plan; and 
(2) not later than 2 years after the date of enactment 
of this Act, make recommendations to Congress with respect 
to the material alterations or changes to the Upper Delaware 
and Tributaries Watershed Plan that are necessary to effec-
tuate, in part, the Tribal water rights agreed to by the Kickapoo 
Tribe and the State of Kansas on September 9, 2016, in the 
Kickapoo Tribe Water Rights Settlement Agreement, which 
otherwise remains subject to approval and authorization by 
Congress. 
SEC. 1105. AQUIFER RECHARGE FLEXIBILITY. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Aquifer 
Recharge Flexibility Act’’. 
(b) DEFINITIONS.—In this Act:
H. R. 133—2057 
(1) BUREAU.—The term ‘‘Bureau’’ means the Bureau of 
Reclamation. 
(2) COMMISSIONER.—The term ‘‘Commissioner’’ means the 
Commissioner of Reclamation. 
(3) ELIGIBLE LAND.—The term ‘‘eligible land’’, with respect 
to a Reclamation project, means land that— 
(A) is authorized to receive water under State law; 
and 
(B) shares an aquifer with land located in the service 
area of the Reclamation project. 
(4) NET WATER STORAGE BENEFIT.—The term ‘‘net water 
storage benefit’’ means an increase in the volume of water 
that is— 
(A) stored in 1 or more aquifers; and 
(B)(i) available for use within the authorized service 
area of a Reclamation project; or 
(ii) stored on a long-term basis to avoid or reduce 
groundwater overdraft. 
(5) 
RECLAMATION
FACILITY.—The 
term 
‘‘Reclamation 
facility’’ means each of the infrastructure assets that are owned 
by the Bureau at a Reclamation project. 
(6) 
RECLAMATION
PROJECT.—The 
term 
‘‘Reclamation 
project’’ means any reclamation or irrigation project, including 
incidental features thereof, authorized by Federal reclamation 
law or the Act of August 11, 1939 (commonly known as the 
‘‘Water Conservation and Utilization Act’’) (53 Stat. 1418, 
chapter 717; 16 U.S.C. 590y et seq.), or constructed by the 
United States pursuant to such law, or in connection with 
which there is a repayment or water service contract executed 
by the United States pursuant to such law, or any project 
constructed by the Secretary through the Bureau for the rec-
lamation of land. 
(c) FLEXIBILITY
TO ALLOW GREATER AQUIFER RECHARGE
IN 
WESTERN STATES.— 
(1) USE OF RECLAMATION FACILITIES.— 
(A) IN GENERAL.—The Commissioner may allow the 
use of excess capacity in Reclamation facilities for aquifer 
recharge of non-Reclamation project water, subject to 
applicable rates, charges, and public participation require-
ments, on the condition that— 
(i) the use— 
(I) shall not be implemented in a manner that 
is detrimental to— 
(aa) any power service or water contract 
for the Reclamation project; or 
(bb) any obligations for fish, wildlife, or 
water quality protection applicable to the Rec-
lamation project; 
(II) shall be consistent with water quality 
guidelines for the Reclamation project; 
(III) shall comply with all applicable— 
(aa) Federal laws; and 
(bb) policies of the Bureau; and 
(IV) shall comply with all applicable State laws 
and policies; and 
(ii) the non-Federal party to an existing contract 
for water or water capacity in a Reclamation facility
H. R. 133—2058 
consents to the use of the Reclamation facility under 
this subsection. 
(B) EFFECT ON EXISTING CONTRACTS.—Nothing in this 
subsection affects a contract— 
(i) in effect on the date of enactment of this Act; 
and 
(ii) under which the use of excess capacity in a 
Bureau conveyance facility for carriage of non-Rec-
lamation project water for aquifer recharge is allowed. 
(2) AQUIFER RECHARGE ON ELIGIBLE LAND.— 
(A) IN GENERAL.—Subject to subparagraphs (C) and 
(D), the Secretary may contract with a holder of a water 
service or repayment contract for a Reclamation project 
to allow the contractor, in accordance with applicable State 
laws and policies— 
(i) to directly use water available under the con-
tract for aquifer recharge on eligible land; or 
(ii) to enter into an agreement with an individual 
or entity to transfer water available under the contract 
for aquifer recharge on eligible land. 
(B) AUTHORIZED PROJECT USE.—The use of a Reclama-
tion facility for aquifer recharge under subparagraph (A) 
shall be considered an authorized use for the Reclamation 
project if requested by a holder of a water service or repay-
ment contract for the Reclamation facility. 
(C) MODIFICATIONS TO CONTRACTS.—The Secretary may 
contract with a holder of a water service or repayment 
contract for a Reclamation project under subparagraph (A) 
if the Secretary determines that a new contract or contract 
amendment described in that subparagraph is— 
(i) necessary to allow for the use of water available 
under the contract for aquifer recharge under this sub-
section; 
(ii) in the best interest of the Reclamation project 
and the United States; and 
(iii) approved by the contractor that is responsible 
for repaying the cost of construction, operations, and 
maintenance of the facility that delivers the water 
under the contract. 
(D) REQUIREMENTS.—The use of Reclamation facilities 
for the use or transfer of water for aquifer recharge under 
this subsection shall be subject to the requirements that— 
(i) the use or transfer shall not be implemented 
in a manner that materially impacts any power service 
or water contract for the Reclamation project; and 
(ii) before the use or transfer, the Secretary shall 
determine that the use or transfer— 
(I) results in a net water storage benefit for 
the Reclamation project; or 
(II) contributes to the recharge of an aquifer 
on eligible land; and 
(iii) the use or transfer complies with all 
applicable— 
(I) Federal laws and policies; and 
(II) interstate water compacts.
H. R. 133—2059 
(3) CONVEYANCE FOR AQUIFER RECHARGE PURPOSES.—The 
holder of a right-of-way, easement, permit, or other authoriza-
tion to transport water across public land administered by 
the Bureau of Land Management may transport water for 
aquifer 
recharge 
purposes 
without 
requiring 
additional 
authorization from the Secretary where the use does not expand 
or modify the operation of the right-of-way, easement, permit, 
or other authorization across public land. 
(4) EFFECT.—Nothing in this Act creates, impairs, alters, 
or supersedes a Federal or State water right. 
(5) EXEMPTION.—This Act shall not apply to the State 
of California. 
(6) ADVISORY GROUP.—The Secretary may participate in 
any State-led collaborative, multi-stakeholder advisory group 
created in any watershed the purpose of which is to monitor, 
review, and assess aquifer recharge activities. 
SEC. 1106. WATERSMART EXTENSION AND EXPANSION. 
(a) DEFINITION OF ELIGIBLE APPLICANT.—Section 9502 of the 
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362) 
is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘sec-
tion’’ and inserting ‘‘subtitle’’; 
(2) by striking paragraph (7) and inserting the following: 
‘‘(7) ELIGIBLE
APPLICANT.—The term ‘eligible applicant’ 
means— 
‘‘(A) any State, Indian tribe, irrigation district, or water 
district; 
‘‘(B) any State, regional, or local authority, the mem-
bers of which include 1 or more organizations with water 
or power delivery authority; 
‘‘(C) any other organization with water or power 
delivery authority; and 
‘‘(D) any nonprofit conservation organization, if— 
‘‘(i) the nonprofit conservation organization is 
acting in partnership with and with the agreement 
of an entity described in subparagraph (A), (B), or 
(C); or 
‘‘(ii) in the case of an application for a project 
to improve the condition of a natural feature or nature- 
based feature on Federal land, the entities described 
in subparagraph (A), (B), or (C) from the applicable 
service area have been notified of the project applica-
tion and there is no written objection to the project.’’; 
(3) in paragraph (10), by striking ‘‘450b’’ and inserting 
‘‘5304’’; 
(4) by redesignating paragraphs (13) through (17) as para-
graphs (15) through (19), respectively; and 
(5) by inserting after paragraph (12) the following: 
‘‘(13) NATURAL FEATURE.—The term ‘natural feature’ means 
a feature that is created through the action of physical, 
geological, biological, and chemical processes over time. 
‘‘(14) NATURE-BASED
FEATURE.—The term ‘nature-based 
feature’ means a feature that is created by human design, 
engineering, and construction to provide a means to reduce 
water supply and demand imbalances or drought or flood risk 
by acting in concert with natural processes.’’.
H. R. 133—2060 
(b) GRANTS AND COOPERATIVE AGREEMENTS.—Section 9504(a) 
of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 
10364(a)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by 
inserting ‘‘or carrying out any activity’’ after ‘‘any improve-
ment’’; 
(B) by redesignating subparagraphs (F), (G), and (H) 
as subparagraphs (G), (H), and (J), respectively; 
(C) by inserting after subparagraph (E) the following: 
‘‘(F) to assist States and water users in complying 
with interstate compacts or reducing basin water supply- 
demand imbalances;’’; 
(D) in subparagraph (G) (as so redesignated), by 
striking ‘‘to prevent’’ and inserting ‘‘to achieve the preven-
tion of’’; 
(E) in subparagraph (H) (as so redesignated)— 
(i) by striking ‘‘to accelerate’’ and inserting ‘‘to 
achieve the acceleration of’’; and 
(ii) by striking ‘‘or’’ at the end; 
(F) by inserting after subparagraph (H) (as so redesig-
nated) the following: 
‘‘(I) to improve the condition of a natural feature; or’’; 
and 
(G) in subparagraph (J) (as so redesignated)— 
(i) in clause (i), by striking ‘‘or’’ at the end; 
(ii) in clause (ii), by striking the period at the 
end and inserting ‘‘; or’’; and 
(iii) by adding at the end the following: 
‘‘(iii) to plan for or address the impacts of 
drought.’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) in clause (ii), by striking ‘‘or’’; 
(ii) in clause (iii), by striking ‘‘and’’ and inserting 
‘‘or’’; and 
(iii) by adding at the end the following: 
‘‘(iv) the Commonwealth of Puerto Rico; and’’; and 
(B) by striking subparagraph (B) and inserting the 
following: 
‘‘(B) submit to the Secretary an application that 
includes— 
‘‘(i) a proposal of the improvement or activity to 
be planned, designed, constructed, or implemented by 
the eligible applicant; and 
‘‘(ii) for a project that is intended to have a quan-
tifiable water savings and would receive a grant of 
$500,000 or more— 
‘‘(I) a proposal for a monitoring plan of at 
least 5 years that would demonstrate ways in 
which the proposed improvement or activity would 
result in improved streamflows or aquatic habitat; 
or 
‘‘(II) for a project that does not anticipate 
improved streamflows or aquatic habitat, an anal-
ysis of ways in which the proposed improvement
H. R. 133—2061 
or activity would contribute to 1 or more of the 
other objectives described in paragraph (1).’’; 
(3) in paragraph (3)(E), by striking clause (i) and inserting 
the following: 
‘‘(i) FEDERAL SHARE.— 
‘‘(I) IN GENERAL.—Except as provided in sub-
clause (II), the Federal share of the cost of any 
infrastructure improvement or activity that is the 
subject of a grant or other agreement entered into 
between the Secretary and an eligible applicant 
under paragraph (1) shall not exceed 50 percent 
of the cost of the infrastructure improvement or 
activity. 
‘‘(II) INCREASED FEDERAL SHARE FOR CERTAIN 
INFRASTRUCTURE IMPROVEMENTS AND ACTIVITIES.— 
The Federal share of the cost of an infrastructure 
improvement or activity shall not exceed 75 per-
cent of the cost of the infrastructure improvement 
or activity, if— 
‘‘(aa) the infrastructure improvement or 
activity was developed as part of a collabo-
rative process by— 
‘‘(AA) a watershed group (as defined 
in section 6001); or 
‘‘(BB) a water user and 1 or more 
stakeholders with diverse interests; and 
‘‘(bb) the majority of the benefits of the 
infrastructure improvement or activity, as 
determined by the Secretary, are for the pur-
pose of advancing 1 or more components of 
an established strategy or plan to increase 
the reliability of water supply for consumptive 
and nonconsumptive ecological values.’’; and 
(4) by adding at the end the following: 
‘‘(4) PRIORITY.—In providing grants to, and entering into 
agreements for, projects intended to have a quantifiable water 
savings under this subsection, the Secretary shall give priority 
to projects that enhance drought resilience by benefitting the 
water supply and ecosystem.’’. 
(c) RESEARCH AGREEMENTS.—Section 9504(b)(1) of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is 
amended— 
(1) in the matter preceding subparagraph (A), by striking 
‘‘or organization with water or power delivery authority’’ and 
inserting ‘‘or eligible applicant’’; 
(2) in subparagraph (B), by striking ‘‘or’’ at the end; 
(3) by redesignating subparagraph (C) as subparagraph 
(D); and 
(4) by inserting after subparagraph (B) the following: 
‘‘(C) to restore a natural feature or use a nature-based 
feature to reduce water supply and demand imbalances 
or the risk of drought or flood; or’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 9504(e) of the 
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) 
is 
amended 
by 
striking 
‘‘ 
$530,000,000’’ 
and 
inserting 
‘‘ 
$700,000,000, subject to the condition that $50,000,000 of that 
amount shall be used to carry out section 206 of the Energy and
H. R. 133—2062 
Water Development and Related Agencies Appropriations Act, 2015 
(43 U.S.C. 620 note; Public Law 113–235)’’. 
(e) CONFORMING AMENDMENT.—Section 4009(d) of Public Law 
114–322 (42 U.S.C. 10364 note) is amended by striking ‘‘on the 
condition that of that amount, $50,000,000 of it is used to carry 
out section 206 of the Energy and Water Development and Related 
Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 
113–235)’’. 
SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PROGRAM. 
(a) DEFINITIONS.—Section 6001 of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 1015) is amended— 
(1) by redesignating paragraphs (2) through (6) as para-
graphs (3) through (7), respectively; 
(2) by inserting after paragraph (1) the following: 
‘‘(2) DISADVANTAGED
COMMUNITY.—The term ‘disadvan-
taged community’ means a community (including a city, town, 
county, or reasonably isolated and divisible segment of a larger 
municipality) with an annual median household income that 
is less than 100 percent of the statewide annual median house-
hold income for the State in which the community is located, 
according to the most recent decennial census.’’; 
(3) in paragraph (6)(B)(i) (as so redesignated)— 
(A) in subclause (VIII), by striking ‘‘and’’ at the end; 
(B) in subclause (IX), by adding ‘‘and’’ after the semi-
colon at the end; and 
(C) by adding at the end the following: 
‘‘(X) disadvantaged communities;’’; and 
(4) in paragraph (7)(C) (as so redesignated), by inserting 
‘‘, including benefits to fisheries, wildlife, or habitat’’ after ‘‘river 
or stream’’. 
(b) APPLICATION.—Section 6002 of the Omnibus Public Lands 
Management Act (16 U.S.C. 1015a) is amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) ESTABLISHMENT OF APPLICATION PROCESS; CRITERIA.—Not 
later than September 30, 2021, the Secretary shall update— 
‘‘(1) the application process for the program; and 
‘‘(2) in consultation with the States, the prioritization and 
eligibility criteria for considering applications submitted in 
accordance with the application process.’’; and 
(2) in subsection (g), by striking ‘‘2020’’ and inserting 
‘‘2026’’. 
SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILITATION 
PROJECT, COLORADO. 
Section 9105(b) of the Omnibus Public Land Management Act 
of 2009 (Public Law 111–11; 123 Stat. 1303) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘requirement’’ and inserting ‘‘and cost- 
sharing requirements’’; and 
(B) by inserting ‘‘, which shall be not more than 65 
percent of that total cost’’ before the period at the end; 
(2) in paragraph (3)— 
(A) in the paragraph heading, by striking ‘‘REQUIRE-
MENT’’ and inserting ‘‘AND COST-SHARING REQUIREMENTS’’; 
(B) in subparagraph (A), in the matter preceding clause 
(i), by striking ‘‘The Secretary shall recover from the Dis-
trict as reimbursable expenses’’ and inserting ‘‘Subject to
H. R. 133—2063 
subparagraph (C), the District shall be liable under this 
subsection for an amount equal to’’; 
(C) in subparagraph (B), in the matter preceding clause 
(i), by striking ‘‘Secretary shall recover reimbursable 
expenses’’ and inserting ‘‘District shall pay the Project costs 
for which the District is liable’’; and 
(D) by striking subparagraph (C) and inserting the 
following: 
‘‘(C) CREDIT.—In determining the exact amount for 
which the District is liable under this paragraph, the Sec-
retary shall— 
‘‘(i) review and approve all final costs associated 
with the completion of the Project; and 
‘‘(ii) credit the district for all amounts paid by 
the District for engineering work and improvements 
directly associated with the Project, whether before, 
on, or after the date of enactment of this Act.’’; and 
(3) in paragraph (7), by striking ‘‘ $8,250,000.’’ and inserting 
the following: ‘‘the lesser of— 
‘‘(A) not more than 65 percent of the total cost of 
carrying out the Project; and 
‘‘(B) $5,350,000.’’. 
SEC. 1109. AQUATIC ECOSYSTEM RESTORATION. 
(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 
‘‘eligible entity’’ means— 
(1) any State, Indian Tribe, irrigation district, or water 
district; 
(2) any State, regional, or local authority, the members 
of which include 1 or more organizations with water or power 
delivery authority; 
(3) any other entity or organization that owns a facility 
that is eligible for upgrade, modification or removal under 
this section; 
(4) any nonprofit conservation organization, acting in part-
nership with any entity listed in paragraphs (1) through (3), 
with respect to a project involving land or infrastructure owned 
by the entity; and 
(5) an agency established under State law for the joint 
exercise of powers or a combination of entities described in 
paragraphs (1) through (4). 
(b) GENERAL AUTHORITY.— 
(1) IN GENERAL.—Subject to the requirements of this section 
and paragraph (2), on request of any eligible entity the Sec-
retary may negotiate and enter into an agreement on behalf 
of the United States to fund the design, study, and construction 
of an aquatic ecosystem restoration and protection project in 
a Reclamation State if the Secretary determines that the project 
is likely to improve the health of fisheries, wildlife or aquatic 
habitat, including through habitat restoration and improved 
fish passage via the removal or bypass of barriers to fish 
passage. 
(2) EXCEPTION.—With respect to an aquatic ecosystem res-
toration and protection project under this section that removes 
a dam or modifies a dam in a manner that reduces storage 
or diversion capacity, the Secretary may only negotiate and 
enter into an agreement to fund—
H. R. 133—2064 
(A) the design or study of such project if the Secretary 
has received consent from the owner of the applicable dam; 
or 
(B) the construction of such project if the Secretary— 
(i) identifies any eligible entity that receives water 
or power from the facility that is under consideration 
for removal or modification at the time of the request; 
(ii) notifies each eligible entity identified in clause 
(i) that the dam removal or modification project has 
been requested; and 
(iii) does not receive, by the date that is 120 days 
after the date on which all eligible entities have been 
notified under clause (ii), written objection from 1 or 
more eligible entities that collectively receive 1⁄3 or 
more of the water or power delivered from the facility 
that is under consideration for removal or modification 
at the time of the request. 
(c) REQUIREMENTS.— 
(1) IN GENERAL.—The Secretary shall accept and consider 
public comment prior to initiating design, study or development 
of a project under this section. 
(2) PRECONDITIONS.—Construction of a project under this 
section shall be a voluntary project initiated only after— 
(A) an eligible entity has entered into an agreement 
with the Secretary to pay no less than 35 percent of the 
costs of project construction; 
(B) an eligible entity has entered an agreement to 
pay 100 percent of any operation, maintenance, and 
replacement and rehabilitation costs with respect to the 
project; 
(C) the Secretary determines the proposed project— 
(i) will not result in an unmitigated adverse impact 
on fulfillment of existing water delivery obligations 
consistent with historical operations and applicable 
contracts; 
(ii) will not result in an unmitigated adverse effect 
on the environment; 
(iii) is consistent with the responsibilities of the 
Secretary— 
(I) in the role as trustee for federally recog-
nized Indian Tribes; and 
(II) to ensure compliance with any applicable 
international and Tribal treaties and agreements 
and interstate compacts and agreements; 
(iv) is in the financial interest of the United States 
based on a determination that the project advances 
Federal objectives including environmental enhance-
ment objectives in a Reclamation State; and 
(v) complies with all applicable Federal and State 
law, including environmental laws; and 
(D) the Secretary has complied with all applicable 
environmental laws, including— 
(i) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
(ii) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); and 
(iii) subtitle III of title 54, United States Code.
H. R. 133—2065 
(d) FUNDING.—There is authorized to be appropriated to carry 
out this section $15,000,000 for each of fiscal years 2022 through 
2026, to remain available until expended. 
(e) EFFECTS.— 
(1) IN
GENERAL.—Nothing in this section supersedes or 
limits any existing authority provided, or responsibility con-
ferred, by any provision of law. 
(2) EFFECT ON STATE WATER LAW.—Nothing in this section 
preempts or affects any— 
(A) State water law; or 
(B) interstate compact governing water. 
(f) COMPLIANCE REQUIRED.—The Secretary shall comply with 
applicable State water laws in carrying out this section. 
(g) PRIORITY FOR PROJECTS PROVIDING REGIONAL BENEFITS AND 
ASSISTANCE FOR AGING ASSETS.—When funding projects under this 
section, the Secretary shall prioritize projects that— 
(1) are jointly developed and supported by a diverse array 
of stakeholders including representatives of irrigated agricul-
tural production, hydroelectric production, potable water pur-
veyors and industrial water users, Indian Tribes, commercial 
fishing interests, and nonprofit conservation organizations; 
(2) affect water resources management in 2 or more river 
basins while providing regional benefits not limited to fisheries 
restoration; 
(3) are a component of a broader strategy or plan to replace 
aging facilities with 1 or more alternate facilities providing 
similar benefits; and 
(4) contribute to the restoration of anadromous fish species 
listed under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). 
SEC. 1110. CLEAN WATER FOR RURAL COMMUNITIES. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Clean 
Water for Rural Communities Act’’. 
(b) PURPOSE.—The purpose of this Act is to ensure a safe 
and adequate municipal, rural, and industrial water supply for 
the citizens of— 
(1) Dawson, Garfield, McCone, Prairie, Richland, Judith 
Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and 
Musselshell Counties in the State of Montana; and 
(2) McKenzie County, North Dakota. 
(c) DEFINITIONS.—In this Act: 
(1) AUTHORITY.—The term ‘‘Authority’’ means— 
(A) the Central Montana Regional Water Authority, 
a publicly owned nonprofit water authority formed in 
accordance with Mont. Code Ann. Sec. 75–6–302 (2007); 
and 
(B) any nonprofit successor entity to the Authority 
described in subparagraph (A). 
(2) MUSSELSHELL-JUDITH RURAL WATER SYSTEM.—The term 
‘‘Musselshell-Judith 
Rural 
Water 
System’’ 
means 
the 
Musselshell-Judith Rural Water System authorized under sub-
section (d)(1), with a project service area that includes— 
(A) Judith Basin, Wheatland, Golden Valley, and 
Musselshell Counties in the State; 
(B) the portion of Yellowstone County in the State 
within 2 miles of State Highway 3 and within 4 miles
H. R. 133—2067 
(VIII) any property or property right required 
for the construction or operation of a facility 
described in this subsection. 
(ii) LIMITATION.—Federal funds made available to 
carry out this subsection shall not be used for the 
operation, 
maintenance, 
or 
replacement 
of 
the 
Musselshell-Judith Rural Water System. 
(iii) TITLE.—Title to the Musselshell-Judith Rural 
Water System shall be held by the Authority. 
(e) DRY-REDWATER FEASIBILITY STUDY.— 
(1) DEFINITIONS.—In this subsection: 
(A) DRY-REDWATER REGIONAL WATER AUTHORITY.—The 
term ‘‘Dry-Redwater Regional Water Authority’’ means— 
(i) the Dry-Redwater Regional Water Authority, 
a publicly owned nonprofit water authority formed in 
accordance with Mont. Code Ann. § 75–6–302 (2007); 
and 
(ii) any nonprofit successor entity to the Authority 
described in clause (i). 
(B) 
DRY-REDWATER
REGIONAL
WATER
AUTHORITY 
SYSTEM.—The 
term 
‘‘Dry-Redwater 
Regional 
Water 
Authority System’’ means the project entitled the ‘‘Dry- 
Redwater Regional Water Authority System’’, with a project 
service area that includes— 
(i) Garfield and McCone Counties in the State; 
(ii) the area west of the Yellowstone River in Daw-
son and Richland Counties in the State; 
(iii) T. 15 N. (including the area north of the 
Township) in Prairie County in the State; and 
(iv) the portion of McKenzie County, North Dakota, 
that includes all land that is located west of the Yellow-
stone River in the State of North Dakota. 
(C) RECLAMATION FEASIBILITY STANDARDS.—The term 
‘‘reclamation feasibility standards’’ means the eligibility cri-
teria and feasibility study requirements described in section 
106 of the Reclamation Rural Water Supply Act of 2006 
(43 U.S.C. 2405) (as in effect on September 29, 2016). 
(D) SUBMITTED
FEASIBILITY
STUDY.—The term ‘‘sub-
mitted feasibility study’’ means the feasibility study enti-
tled ‘‘Dry-Redwater Regional Water System Feasibility 
Study’’ (including revisions of the study), which received 
funding from the Bureau of Reclamation on September 
1, 2010. 
(2) STUDY.— 
(A) IN GENERAL.—The Secretary, in consultation with 
the Dry-Redwater Regional Water Authority, may under-
take a study, including a review of the submitted feasibility 
study, to determine the feasibility of constructing the Dry- 
Redwater Regional Water System. 
(B) REQUIREMENT.—The study under subparagraph (A) 
shall comply with the reclamation feasibility standards. 
(3) COOPERATIVE AGREEMENT.—If the Secretary determines 
that the study under paragraph (2) does not comply with the 
reclamation feasibility standards, the Secretary may enter into 
a cooperative agreement with the Dry-Redwater Regional Water 
Authority to complete additional work to ensure that the study 
complies with the reclamation feasibility standards.
H. R. 133—2068 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary $5,000,000 to carry 
out this subsection. 
(5) TERMINATION.—The authority provided by this sub-
section shall expire on the date that is 5 years after the date 
of enactment of this Act. 
(f) WATER RIGHTS.—Nothing in this Act— 
(1) preempts or affects any State water law; or 
(2) affects any authority of a State, as in effect on the 
date of enactment of this Act, to manage water resources within 
that State. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AUTHORIZATION.—There is authorized to be appro-
priated to carry out the planning, design, and construction 
of the Musselshell-Judith Rural Water System, substantially 
in accordance with the cost estimate set forth in the feasibility 
report described in subsection (d)(1), $56,650,000. 
(2) COST INDEXING.—The amount authorized to be appro-
priated under paragraph (1) may be increased or decreased 
in accordance with ordinary fluctuations in development costs 
incurred after November 1, 2014, as indicated by any available 
engineering cost indices applicable to construction activities 
that are similar to the construction of the Musselshell-Judith 
Rural Water System. 
SEC. 1111. SNOW WATER SUPPLY FORECASTING. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Snow 
Water Supply Forecasting Program Authorization Act’’. 
(b) DEFINITION OF PROGRAM.—In this Act, the term ‘‘program’’ 
means the Snow Water Supply Forecasting Program established 
by subsection (c). 
(c) SNOW WATER SUPPLY FORECASTING PROGRAM.— 
(1) PROGRAM
ESTABLISHMENT.—The Snow Water Supply 
Forecasting Program is hereby established within the Depart-
ment of the Interior. 
(2) PROGRAM
IMPLEMENTATION.—To implement the pro-
gram, the Secretary shall— 
(A) develop the program framework in coordination 
with other Federal agencies pursuant to subsection (d), 
culminating in the report required under subsection (d)(3); 
and 
(B) after submitting the report required by subsection 
(d)(3), implement activities to improve snowpack measure-
ment in particular watersheds pursuant to subsection (e). 
(d) DEVELOPMENT OF PROGRAM FRAMEWORK IN COORDINATION 
WITH OTHER FEDERAL AGENCIES.— 
(1) SNOWPACK
MEASUREMENT
DATA.—When determining 
water supply forecasts or allocations to Federal water contrac-
tors, the Secretary, acting through the Commissioner of the 
Bureau of Reclamation, shall incorporate, to the greatest extent 
practicable, 
information 
from 
emerging 
technologies 
for 
snowpack measurement, such as— 
(A) synthetic aperture radar; 
(B) laser altimetry; and 
(C) other emerging technologies that the Secretary 
determines are likely to provide more accurate or timely 
snowpack measurement data.
H. R. 133—2069 
(2) COORDINATION.—In carrying out paragraph (1), the Sec-
retary shall coordinate data use and collection efforts with 
other Federal agencies that use or may benefit from the use 
of emerging technologies for snowpack measurement. 
(3) EMERGING
TECHNOLOGIES
REPORT.—Not later than 
October 1, 2021, the Secretary shall submit to Congress a 
report that— 
(A) summarizes the use of emerging technologies 
pursuant to this Act; 
(B) describes benefits derived from the use of tech-
nologies summarized under subparagraph (A) related to 
the environment and increased water supply reliability; 
and 
(C) describes how Federal agencies will coordinate to 
implement emerging technologies. 
(e) PROGRAM IMPLEMENTATION.— 
(1) ACTIVITIES IMPLEMENTING FRAMEWORK.—After submit-
ting the report required under subsection (d)(3), the Secretary 
shall participate with program partners in implementing activi-
ties to improve snowpack measurement in particular water-
sheds. 
(2) FOCUS.—The program shall focus on activities that will 
maintain, establish, expand, or advance snowpack measure-
ment consistent with the report required by subsection (d)(3), 
with an emphasis on— 
(A) enhancing activities in river basins to achieve 
improved snow and water supply forecasting results; 
(B) activities in river basins where snow water supply 
forecasting related activities described in this Act are not 
occurring on the date of the enactment of this Act; and 
(C) demonstrating or testing new, or improving 
existing, snow and water supply forecasting technology. 
(3) INFORMATION
SHARING.—The Secretary may provide 
information collected and analyzed under this Act to program 
partners through appropriate mechanisms, including inter-
agency agreements with Federal agencies, States, State agen-
cies, or a combination thereof, leases, contracts, cooperative 
agreements, grants, loans, and memoranda of understanding. 
(4) PROGRAM PARTNERS.—Program partners with whom the 
Secretary enters into cooperative agreements pursuant to para-
graph (5) may include water districts, irrigation districts, water 
associations, universities, State agencies, other Federal agen-
cies, private sector entities, non-governmental organizations, 
and other entities, as determined by the Secretary. 
(5) COOPERATIVE AGREEMENTS.—The Secretary may— 
(A) enter into cooperative agreements with program 
partners to allow the program to be administered efficiently 
and cost effectively through cost-sharing or by providing 
additional 
in-kind 
resources 
necessary 
for 
program 
implementation; and 
(B) provide nonreimbursable matching funding for pro-
grammatic and operational activities under this Act in 
consultation with program partners. 
(6) ENVIRONMENTAL
LAWS.—Nothing in this Act shall 
modify any obligation of the Secretary to comply with applicable 
Federal and State environmental laws in carrying out this 
Act.
H. R. 133—2070 
(f) PROGRAM IMPLEMENTATION REPORT.—Not later than 4 years 
after the date of the enactment of this Act, the Secretary shall 
submit a report to the Committee on Natural Resources and the 
Committee on Appropriations of the House of Representatives and 
the Committee on Energy and Natural Resources and the Com-
mittee on Appropriations of the Senate, that includes— 
(1) a list of basins and sub-basins for which snowpack 
measurement technologies are being used under the program, 
including a description of each technology used; and 
(2) a list of Federal agencies and program partners partici-
pating in each basin or sub-basin listed in paragraph (1). 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to carry out this Act $15,000,000, 
in the aggregate, for fiscal years 2022 through 2026. 
SEC. 1112. WATER TECHNOLOGY INVESTMENT. 
The Water Desalination Act of 1996 (Public Law 104–298; 
42 U.S.C. 10301 note) is amended— 
(1) in section 4(a)(1), by inserting ‘‘, including modules 
specifically designed for brine management’’ after ‘‘and con-
cepts’’; and 
(2) in section 8(b)— 
(A) by striking ‘‘3,000,000’’ and inserting ‘‘20,000,000’’; 
and 
(B) by striking ‘‘2017 through 2021’’ and inserting 
‘‘2022 through 2026, in addition to the authorization of 
appropriations for projects in section 4(a)(2)(F)’’. 
SEC. 1113. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES. 
Section 405 of the Indian Health Care Improvement Act (25 
U.S.C. 1645) is amended— 
(1) in subsection (a)(1), by inserting ‘‘urban Indian organiza-
tions,’’ before ‘‘and tribal organizations’’; and 
(2) in subsection (c)— 
(A) by inserting ‘‘urban Indian organization,’’ before 
‘‘or tribal organization’’; and 
(B) by inserting ‘‘an urban Indian organization,’’ before 
‘‘or a tribal organization’’. 
SEC. 1114. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT 
ACT. 
Section 409 of the Indian Health Care Improvement Act (25 
U.S.C. 1647b) is amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ 
and inserting ‘‘(25 U.S.C. 5301 et seq.) or the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2501 et seq.)’’. 
SEC. 1115. DEFINITIONS. 
In this title: 
(1) INDIAN
TRIBE.—The term ‘‘Indian Tribe’’ has the 
meaning given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 5304). 
(2) RECLAMATION STATE.—The term ‘‘Reclamation State’’ 
means a State or territory described in the first section of 
the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 
U.S.C. 391). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior.