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Code · BILL · 119th Congress · S. 953 (Introduced in Senate) — To provide for the settlement of the water rights claims of the Navajo Nation, the Hopi Tribe, and the San Juan South... · Sec. 13

Sec. 13. Funding

1,290 words·~6 min read·/bill/119/s/953/is/section-13·

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Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $1,715,000,000 for deposit in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account, to carry out the planning, engineering, design, environmental compliance, and construction of the iiná bá – paa tuwaqat’si pipeline, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. Except as provided in subparagraph (B), amounts appropriated to and deposited in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account under paragraph
(1)shall not be available for expenditure until the Enforceability Date. Of the amounts made available under paragraph (1), $250,000,000 shall be made available before the Enforceability Date for the Bureau to carry out environmental compliance and preliminary design of the iiná bá – paa tuwaqat’si pipeline, subject to the following: The revision of the Settlement Agreement and exhibits to conform to this Act. Execution by all of the required settlement parties, including the United States, to the conformed Settlement Agreement and exhibits, including the waivers and releases of claims under section 14. If the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account is insufficient to complete the iiná bá – paa tuwaqat’si pipeline in accordance with section 8, the Navajo Nation and Hopi Tribe shall provide necessary supplemental funding from the Water Settlement Trust Fund of the Tribe as described in sections 10(j) and 11(j). Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $3,421,400,000, for deposit in the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Tribe Water Settlement Trust Fund, in accordance with paragraph (3), to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. Amounts appropriated to and deposited in the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Water Settlement Trust Fund under paragraph
(1)shall not be available for expenditure until the Enforceability Date. The Secretary shall distribute and deposit the amounts made available under paragraph
(1)in accordance with the following: The Secretary shall deposit in the Navajo Nation Water Settlement Trust Fund $2,876,416,400 to remain available until expended, withdrawn, or reverted to the general fund of the Treasury and to be allocated to the accounts of the Navajo Nation Water Settlement Trust Fund in accordance with the following: The Navajo Nation Water Projects Trust Fund Account, $2,369,200,000. The Navajo Nation OM&R Trust Fund Account, $229,500,000. The Navajo Nation Agricultural Conservation Trust Fund Account, $80,000,000. The Navajo Nation Renewable Energy Trust Fund Account, $40,000,000. The Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account, $28,000,000. The Navajo Nation System Conservation Trust Fund Account, $129,716,400. The Secretary shall deposit in the Hopi Tribe Water Settlement Trust Fund $515,183,600, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury and to be allocated to the accounts of the Hopi Tribe Water Settlement Trust Fund in accordance with the following: The Hopi Tribe Groundwater Projects Trust Fund Account, $390,000,000. The Hopi Tribe OM&R Trust Fund Account, $87,000,000. The Hopi Tribe Agricultural Conservation Trust Fund Account, $30,000,000. The Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account, $1,500,000. The Hopi Tribe System Conservation Trust Fund Account, $6,683,600. The Secretary shall deposit in the San Juan Southern Paiute Water Settlement Trust Fund $29,800,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury and to be allocated to the accounts of the San Juan Southern Paiute Water Settlement Trust Fund in accordance with the following: The San Juan Southern Paiute Groundwater Projects Trust Fund Account, $28,000,000. The San Juan Southern Paiute OM&R Trust Fund Account, $1,500,000. The San Juan Southern Paiute Agricultural Conservation Trust Fund Account, $300,000. In order to address the preliminary estimate level of the value planning study described in section 8(a)(1)(C)(iii), and the risk that the amount in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account may be insufficient to complete construction of the iiná bá – paa tuwaqat’si pipeline, until the Secretary completes a feasibility-level design and estimate for the iiná bá – paa tuwaqat’si pipeline, 50 percent of the Navajo Nation Water Settlement Trust Fund and 50 percent of the Hopi Tribe Water Settlement Trust Fund— shall not be available for withdrawal, except pursuant to sections 10(j)(1) and 11(j)(1); and shall remain available to supplement the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account. On completion of the feasibility-level estimate, value planning, and final design approved by the Navajo Nation, Hopi Tribe, and the Secretary, a percentage of the Navajo Nation Water Settlement Trust Fund and the Hopi Tribe Water Settlement Trust Fund to be determined by the Secretary— shall not be available for withdrawal, except pursuant to sections 10(j)(1) and 11(j)(1); and shall remain available to supplement iiná bá – paa tuwaqat’si pipeline Implementation Fund Account until the Secretary notifies the Tribes in writing that supplemental funding is no longer needed. The interest on, and the proceeds from, the sale or redemption of, any obligations held in the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Water Settlement Trust Fund shall be credited to and form a part of the applicable Trust Fund. Amounts appropriated to and deposited in the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Tribe Water Settlement Trust Fund may be used as described in sections 10, 11, and 12 and paragraph 12 of the Settlement Agreement. The amounts appropriated and authorized to be appropriated under subsection
(a)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 Construction Cost Trends 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 types of construction and current industry standards involved. The amounts appropriated and authorized to be appropriated under subsection
(b)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 Construction Cost Index—Composite Trend, except for the OM&R trust funds which shall be adjusted based on the Bureau OM&R Cost Index; 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 types of construction and current industry standards involved. The adjustment process under paragraphs
(1)and
(2)shall be repeated for each subsequent amount appropriated until the amount appropriated and authorized to be appropriated, as applicable, under subsections
(a)and (b), as adjusted, has been appropriated. With respect to the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account, the period of adjustment under paragraph
(1)for any increment of funding shall be annually until the iiná bá – paa tuwaqat’si pipeline project is completed. With respect to the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Water Settlement Trust Fund, the period of indexing adjustment under paragraph
(2)for any increment of funding shall end on the date on which the funds are deposited into the Trust Funds.
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