Sec. 7. Authorization of appropriations
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There is authorized to be appropriated to the Secretary $198,300,000 to plan, design, and construct the Navajo water development projects to remain available until expended. The amount under paragraph
(1)shall be adjusted by such amounts— as are contributed by the State pursuant to subsection (f)(2) of section 6; and as may be required by reason of changes since June 2014 in construction costs, as indicated by engineering cost indices applicable to the types of construction involved. In addition to the uses authorized under paragraph (1), amounts made available under that paragraph may be used for the conduct of related activities, to comply with Federal environmental laws, or may be transferred to the Navajo OM&R Trust Account as provided in subsection (f)(3) of section 6. For the purpose of assisting the Navajo Nation with the expenses of operating, maintaining, and replacing the Navajo water development projects authorized to be constructed in section 6 and described as water supply systems and water distribution systems in the agreement, there is authorized to be appropriated $11,100,000 to be deposited in the Navajo OM&R trust account established pursuant to subsection
(k)of section 6, which funds shall be retained until expended. The Secretary shall manage the account in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq.), and shall invest amounts deposited in the account in accordance with that Act and— the Act of April 1, 1880 ( 25 U.S.C. 161 ); and the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ). The amount authorized to be appropriated in 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 June 2014 as indicated by applicable engineering cost indices. Monies appropriated to and deposited in the Navajo OM&R Trust Account, and investment earnings thereon, shall be made available by the Secretary to the Navajo Nation beginning on the date on which title to and OM&R responsibility for the Navajo water development projects is transferred to the Navajo Nation pursuant to subsection
(h)of section 6 until such monies are exhausted. There is authorized to be appropriated $1,000,000 to assist the Nation with programmatic costs associated with the settlement, including the preparation of a hydrographic survey of historic and existing water uses on the Reservation. To the extent necessary, the Secretary shall offset any direct spending authorized and any interest earned on amounts expended pursuant to this section using such additional amounts as may be made available to the Secretary for the applicable fiscal year.
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