Sec. 3. Navajo-Gallup water supply project
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Section 10602 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379) is amended— in subsection (a)— in the subsection heading, by striking and inserting In general ; Authorization by striking The Secretary and inserting the following: The Secretary ; in paragraph
(1)(as so designated), by striking Draft Impact Statement and inserting Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( ; and 42 U.S.C. 4321 et seq. ). by adding at the end the following: Congress finds that— expanding the Project Service Area would create opportunities to increase service for additional Nation Tribal members and would not increase the cost of the Project beyond authorization levels described in section 10609(a); and the unit operations and maintenance costs of the Project would be reduced by adding more customers to the Project. In addition to delivering water supply from the Project to the Nation communities in the San Juan River Basin, the Nation may expand the Project Service Area in order to deliver water supply from the Project to communities of the Nation within the Rio San Jose Basin, New Mexico. In addition to delivering water supply from the Project to the Nation communities of Fort Defiance and Window Rock, Arizona, and subject to section 10603(c)(1), the Nation may expand the Project Service Area in order to deliver water supply from the Project to the Nation community of Lupton, Arizona, within the Little Colorado River Basin, Arizona. ; in subsection (b)— in the matter preceding paragraph (1)— by inserting acquire, before construct, ; and by striking Draft Impact Statement and inserting Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( ; 42 U.S.C. 4321 et seq. ) by striking paragraph
(1)and inserting the following: The water conveyance and storage facilities associated with the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico), including the diversion dam, the intake structure, the river pumping plant, the pipeline from the river to the reservoir, the dam and associated reservoir, and any associated land, or interest in land, or ancillary features. ; in paragraph (2)(A)— by striking River near Kirtland, New Mexico, and inserting Generating Station Reservoir ; and by inserting generally before follows United States Highway 491 ; in paragraph (3)(A), by inserting generally before follows United States Highway 550 ; and in paragraph (5), by inserting (including any reservoir facility) after treatment facility ; in subsection (c)— in the subsection heading, by inserting after and Facilities ; Land in paragraph (1), by striking any land or interest in land that is and inserting any land or facilities, or interest in land or facilities, that are ; and by adding at the end the following: On satisfaction of the conditions described in paragraph
(7)of the Agreement and after the requirements of sections 10701(e) and 10703 are met, the Secretary shall take legal title to the following land and, subject to subparagraph (D), hold that land in trust for the benefit of the Nation: Fee land of the Nation, including— the parcels of land on which the Tohlakai Pumping Plant, Reach 12A and Reach 12B, are located, including, in McKinley County, New Mexico— sec. 5, T. 16 N., R. 18 W., New Mexico Prime Meridian; and sec. 33, T. 17 N., R. 17 W., New Mexico Prime Meridian (except lot 9 and the NW 1/4 of lot 4); the parcel of land on which Reach 12.1 is located, including— NW 1/4 and SW 1/4 sec. 5, T. 16 N., R. 18 W.; N 1/2 sec. 11, T. 16 N., R. 19 W.; and sec. 12, T. 16 N., R. 20 W.; and the parcel of land on which Reach 12.2 is located, including NW 1/4 . sec. 2, T. 16 N., R. 21 W. Public domain land managed by the Bureau of Land Management, including— the parcel of land on which the Cutter Lateral Water Treatment Plant is located, including S 1/2 sec. 9, T. 25 N., R. 9 W., New Mexico Prime Meridian; and the parcel of land on which the Navajo Agricultural Products Industry turnout is located, including NW 1/4 and NE 1/4 sec. 34, T. 26 N., R. 9 W., New Mexico Prime Meridian. The land underlying the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico) acquired by the United States, as described in subsection (b)(1). The land taken into trust under subparagraph
(A)shall be part of the Navajo Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe. The fee land of the Nation taken into trust under subparagraph (A)(i) shall be subject to valid existing rights, contracts, and management agreements, including easements and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The public domain land managed by the Bureau of Land Management taken into trust under subparagraph (A)(ii) shall be subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall— assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, or rights-of-way described in subclause (I); and disburse to the Nation any amounts that accrue to the United States from those rights, contracts, leases, permits, or rights-of-ways after the date on which the land described in clause
(ii)of subparagraph
(A)is taken into trust for the benefit of the Nation from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Nation. The land underlying the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico) taken into trust under subparagraph (A)(iii) shall be subject to a perpetual easement on and over all of the land underlying the San Juan Generating Station reserved to the United States for use by the Bureau of Reclamation and its contractors and assigns— for ingress and egress; to continue construction of the Project; and for operation and maintenance of Project facilities located on that land. The reserved perpetual easement described in subclause
(I)shall remain vested in the United States unless title to the Project facilities and appropriate interests in land are conveyed pursuant to subsection (f). Nothing in this paragraph affects any— water right of the Nation in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2023 ; and right or claim of the Nation to any land or interest in land in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2023 . ; in subsection (d)(1)(D), by striking Draft and inserting Final Environmental ; in subsection (e)— by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following: For any portion of the Project that does not have access to Colorado River Storage Project power, the Secretary may use not more than $6,250,000 of the amounts made available under section 10609(a)(1) to develop renewable energy. Notwithstanding whether a Project facility has access to Colorado River Storage Project power, the Secretary may use not more than $1,250,000 of the $6,250,000 authorized to be used to develop renewable energy under subparagraph
(A)to develop hydroelectric power for any Project facility that can use hydraulic head to produce electricity. ; in subsection (h)(1), in the matter preceding subparagraph (A), by inserting , store, after treat ; and by adding at the end the following: On mutual agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, construction of selected Project facilities may be deferred to save operation and maintenance expenses associated with that construction. There is established in the Treasury a fund, to be known as the Navajo Nation’s Navajo-Gallup Water Supply Project Deferred Construction Fund , to consist of— amounts that correspond to portions of the Project that have been deferred under paragraph (1); and any interest or other gains on amounts referred to in clause (i). The Nation may use amounts in the Deferred Construction Fund— to construct Project facilities that have been deferred under paragraph (1); or to construct alternate facilities agreed on under subparagraph (C). On agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, and in compliance with all applicable environmental and cultural resource protection laws, facilities other than those previously agreed to be deferred under paragraph
(1)may be constructed if those alternate facilities are consistent with the purposes of the Project described in section 10601. Funds allocated from the amounts made available under section 10609(a)(1) to build facilities referred to in paragraph
(1)shall be deposited into the Deferred Construction Fund. On deposit of amounts into the Deferred Construction Fund under paragraph (3), the adjustments to authorized appropriations under section 10609(a)(2) shall no longer apply to those amounts. On deposit of all amounts into the Deferred Construction Fund for construction of Project facilities agreed on under paragraph (1), the Secretary shall be deemed to have met the obligation under section 10701(e)(1)(A)(ix). On agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, the Nation shall use amounts deposited into the Deferred Construction Fund to construct— Project facilities deferred under paragraph (1); or alternate Project facilities described in paragraph (2)(C). . Section 10603 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1382) is amended— in subsection (a)(3)(B)— in clause (i), by inserting or, if generated on City-owned facilities, by the City after the Nation ; and in clause (ii), by inserting , except that the City shall retain all revenue from the sale of hydroelectric power that is generated on City-owned facilities after hydroelectric power ; and in subsection (g)(2), by striking , except as provided in section 10604(f) . Section 10604 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1388) is amended— in subsection (a)(4), by striking Subject to subsection (f), the and inserting The ; in subsection (b)(3)— in subparagraph (A), by striking subparagraph
(B)and inserting subparagraphs
(B)and
(C); in subparagraph (B)— in the subparagraph heading, by striking and inserting Minimum percentage ; Maximum percentage by striking at least 25 percent and inserting not more than 25 percent ; and by striking , but shall in no event exceed 35 percent ; and by adding at the end the following: The repayment obligation of the City referred to in subparagraphs
(A)and
(B)shall not exceed $76,000,000. ; in subsection (c)(1)(B), by inserting subsection
(f)and before section 10603(g) ; in subsection (d)(1), by striking Draft and inserting Final Environmental ; in subsection (e), by striking Draft and inserting Final Environmental ; by striking subsection (f); and by redesignating subsection
(g)as subsection (f). Section 10609 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1395; 129 Stat. 528) is amended— in subsection (a)— in paragraph (1), by striking $870,000,000 for the period of fiscal years 2009 through 2024 and inserting $2,175,000,000 for the period of fiscal years 2009 through 2029 ; by striking paragraph
(2)and inserting the following: The amount under paragraph
(1)shall be adjusted by such amounts as may be required— by reason of changes since October 2022 in construction cost changes in applicable regulatory standards, as indicated by engineering cost indices applicable to the types of construction involved; and to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices described in clause (i), as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. Amounts deposited in the Deferred Construction Fund shall not be adjusted pursuant to this paragraph. ; and in paragraph (4)(B), by striking 10 years and inserting 15 years ; and in subsection (b)— in paragraph (1), by striking $30,000,000, as adjusted under paragraph (3), for the period of fiscal years 2009 through 2019 and inserting $37,500,000, as adjusted under paragraph (4), for the period of fiscal years 2009 through 2032 ; in paragraph (2), by striking 2024 and inserting 2032 ; and in paragraph (3), by striking The amount under paragraph
(1)and inserting The amount under paragraphs
(1)and
(2). Part III of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379) is amended by adding at the end the following: Any activity constituting the construction, operation, or maintenance of Project facilities— shall, if the activity takes place on land that is held in trust by the United States for the benefit of the Nation, be subject to taxation by the Nation; and shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State. Any activity constituting the construction, operation, or maintenance of Project facilities— shall, if the activity takes place on land other than the land described in subsection (a)(1), be subject to taxation by the State in which the land is located, or by a political subdivision of that State to the extent authorized by the laws of that State; and shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation. .
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- Pub. L. 111-11
- 123 Stat. 1379
- 123 Stat. 1382
- 123 Stat. 1388
- 123 Stat. 1395
- 129 Stat. 528
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Sec. 3
Navajo-Gallup water supply project
Pub. L.Pub. L. 111-11
Stat.123 Stat. 1379
Stat.123 Stat. 1382
Stat.123 Stat. 1388
Stat.123 Stat. 1395
Cites 7 · showing 6Cited by 0 across 0 sources