Sec. 107. Funding
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Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary, to remain available to the Secretary until expended, withdrawn or reverted to the general fund of the Treasury, the following amounts: $731,059,000 in the Cragin-Verde Pipeline Account described in section 104(b)(1); and $152,490,000 in the YAN Drinking Water System Account described in section 104(b)(2). $300,000 in the Yavapai-Apache Water Settlement Implementation Account described in section 105(b)(1); $58,000,000 in the Yavapai-Apache Water Projects Account described in section 105(b)(2); $31,000,000 in the Yavapai-Apache Wastewater Projects Account described in section 105(b)(3); $66,000,000 in the Yavapai-Apache OM&R Account described in section 105(b)(4); and $700,000 in the Yavapai-Apache Watershed Rehabilitation and Restoration Account described in section 105(b)(5).
In addition to the mandatory appropriation made available under subsection (a)(1), there is authorized to be appropriated to the Project Fund such funds as are necessary to complete the construction of the Tú ńlį́į́níchoh Water Infrastructure Project, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. In general there are authorized to be appropriated— such sums as necessary for section 106 of this Act; and such sums as necessary for the care, operation, and maintenance of the Tú ńlį́į́níchoh Water Infrastructure Project until the Date of Substantial Completion.
The amounts authorized to be appropriated under subsection (a)(1) shall be— increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after January 1, 2024, as indicated by the Bureau of Reclamation Construction Cost Index applicable to the types of construction involved; and adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the means of construction and current industry standards involved.
The amounts authorized to be appropriated under subsection (a)(2) shall be— increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after January 1, 2024, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend; and adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the means of construction and current industry standards involved.
The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. The adjustment process under this subsection shall be repeated for each subsequent amount appropriated for deposit in the Project Fund under subsection (a)(1) and the Trust Fund under subsection (a)(2), until the amount authorized to be appropriated, as so adjusted, has been appropriated. With respect to the Project Fund, the period of indexing adjustment for any increment of funding shall be annual until the Tú ńlį́į́níchoh Water Infrastructure Project is completed.
With respect to the Yavapai-Apache Nation Water Settlement Trust Fund, the period of indexing adjustment for any increment of funding shall end on the date on which funds are deposited into the Trust Fund. Subject to the requirements of section 104(e)(2)(A) and (B), effective beginning on the date of deposit of funds in the Project Fund, the Secretary shall commence any planning, design, environmental, cultural, and historical compliance activities necessary to implement the Agreement and this Act, including activities necessary to comply with section 101(c)(1)(A)(B)(C) of this Act.