Sec. 617. FUNDING

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## SEC. 617 FUNDING ###

(a)Regional water system ####

(1)Funding #####

(A)Mandatory appropriation Subject to paragraph (5), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for the planning, design, and construction of the Regional Water System and the conduct of environmental compliance activities under section 616 an amount not to exceed $56,400,000, as adjusted under paragraph (4), for the period of fiscal years 2011 through 2016, to remain available until expended. #####

(B)Authorization of appropriations In addition to the amount made available under subparagraph (A), there is authorized to be appropriated to the Secretary for the planning, design, and construction of the Regional Water System and the conduct of environmental compliance activities under section 616— ######

(i)$50,000,000, as adjusted under paragraph (4), for the period of fiscal years 2011 through 2024; and ######

(ii)subject to the availability of appropriations and in addition to the amounts made available under clause (i), $137,000,000, as adjusted under paragraph (4), for the period of fiscal years 2021 through 2028. ####

(2)Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this title the funds transferred under paragraph (1)(A), without further appropriation, to remain available until expended. ####

(3)Priority of funding Of the amounts made available under paragraph (1), the Secretary shall give priority to funding— #####

(A)the construction of the San Ildefonso portion of the Regional Water System, consisting of— ######

(i)the surface water diversion, treatment, and transmission facilities at San Ildefonso Pueblo; and ######

(ii)the San Ildefonso Pueblo portion of the Pueblo Water Facilities; and #####

(B)that part of the Regional Water System providing 475 acre-feet to Pojoaque Pueblo pursuant to section 2.2 of the Settlement Agreement. ####

(4)Adjustment The amounts made available under paragraph

(1)shall be adjusted annually to account for increases in construction costs pursuant to section 611(f)(1)(B). ####

(5)Limitations #####

(A)In general No amounts shall be made available under paragraph

(1)for the construction of the Regional Water System until the date on which the United States District Court for the District of New Mexico issues an order approving the Settlement Agreement. #####

(B)Record of decision No amounts made available under paragraph

(1)shall be expended for construction unless the record of decision issued by the Secretary after completion of an environmental impact statement provides for a preferred alternative that is in substantial compliance with the proposed Regional Water System, as defined in the Engineering Report. ###

(b)Acquisition of Water Rights ####

(1)In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for the acquisition of the water rights under section 613(a)(1)(B) $5,400,000. ####

(2)Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this title the funds transferred under paragraph (1), without further appropriation, to remain available until expended. ###

(c)Aamodt Settlement Pueblos’ Fund ####

(1)Funding #####

(A)Mandatory appropriations Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary the following amounts for the period of fiscal years 2011 through 2015: ######

(i)$15,000,000, as adjusted according to the CPI Urban Index beginning on October 1, 2006, which shall be allocated to the Pueblos, in accordance with section 2.7.1 of the Settlement Agreement, for the rehabilitation, improvement, operation, maintenance, and replacement of the agricultural delivery facilities, waste water systems, and other water-related infrastructure of the applicable Pueblo. ######

(ii)$5,000,000, as adjusted according to the CPI Urban Index beginning on January 1, 2011, and any interest on that amount, which shall be allocated to the Pueblo of Nambe only for the acquisition land, other real property interests, or economic development for the Nambe reserved water rights in accordance with section 613(a)(1)(A). #####

(B)Authorization of appropriations In addition to the amounts made available under clauses

(i)and

(ii)of subparagraph (A), respectively, there are authorized to be appropriated to the Secretary for the period of fiscal years 2011 through 2024, $37,500,000 to assist the Pueblos in paying the Pueblos’ share of the cost of operating, maintaining, and replacing the Pueblo Water Facilities and the Regional Water System. ####

(2)Operation, maintenance, and replacement costs #####

(A)In general Prior to conveyance of the Regional Water System pursuant to section 611, the Secretary is authorized to and shall pay any operation, maintenance, and replacement costs associated with the Pueblo Water Facilities or the Regional Water System, up to the amount made available under subparagraph (B). #####

(B)Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subparagraph

(A)$5,000,000. #####

(C)Obligation of federal government after completion After the date on which construction of the Regional Water System is completed and the amounts required to be deposited in the Aamodt Settlement Pueblos’ Fund pursuant to paragraph

(1)have been deposited by the Federal Government— ######

(i)the Federal Government shall have no obligation to pay for the operation, maintenance, and replacement costs associated with the Pueblo Water Facilities or the Regional Water System; and ######

(ii)the authorization for the Secretary to expend funds for the operation, maintenance, and replacement costs of those systems under subparagraph

(A)shall expire. ####

(3)Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this title the funds transferred under paragraphs (1)(A), without further appropriation, to remain available until expended or until the authorization for the Secretary to expend funds pursuant to paragraph

(2)expires. ## Subtitle B Pojoaque Basin Indian Water Rights Settlement