S. 4890

111 S4890 IS: Protecting Indian Water Rights Settlements Act of 2026
 U.S. Senate
 2026-06-24
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4890  IN THE SENATE OF THE UNITED STATES   June 24, 2026   Mr. Luján  (for himself and  Mr. Heinrich ) introduced the following bill; which was read twice and referred to the  Committee on Indian Affairs    A BILL
To amend the Infrastructure Investment and Jobs Act to establish subaccounts in the Indian Water Rights Settlement Completion Fund, and for other purposes.
1.
Short title
This Act may be cited as the   Protecting Indian Water Rights Settlements Act of 2026  .
2.
Indian Water Rights Settlement Completion Fund subaccounts
(a)
In general
Section 70101 of the Infrastructure Investment and Jobs Act ( 25 U.S.C. 149 ) is amended by adding at the end the following:
(e)
Operations, Maintenance, Repair, and Ongoing Obligations Subaccount
(1)
Establishment
There is established in the Fund a subaccount, to be known as the  Operations, Maintenance, Repair, and Ongoing Obligations Subaccount  (referred to in this subsection as the  Subaccount ).
(2)
Deposits
(A)
In general
On the later of October 1, 2026, and the date of enactment of this subsection, and on each October 1 thereafter through October 1, 2035, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Subaccount $45,000,000.
(B)
Availability
Amounts deposited in the Subaccount under subparagraph (A) shall be available to the Secretary of the Interior, without further appropriation or fiscal year limitation, for the uses described in paragraph (3).
(3)
Uses
Amounts deposited in the Subaccount under paragraph (2)(A) shall be used by the Secretary of the Interior, without further appropriation or fiscal year limitation, for transfers to funds or accounts authorized to receive discretionary appropriations, including Tribal trust funds established by an Act of Congress, to satisfy the obligations of the United States with respect to certain Indian water rights settlements under the following:
(A)
The water delivery and operation, maintenance, repair, and related provisions of  Public Law 98–530  (98 Stat. 2698), relating to the water rights of the Ak-Chin Indian Community.
(B)
The water delivery and operations, maintenance, repair, and related provisions of the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973), relating to the Animas-La Plata Project (as defined in section 3 of that Act (102 Stat. 2973)).
(C)
Section 10603(g) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1387).
(D)
The water acquisition provisions of the Snake River Water Rights Act of 2004 ( Public Law 108–447 ; 118 Stat. 3431), including to carry out the Snake River Flow Component described in section 5(a) of that Act (118 Stat. 3433).
(E)
The Hualapai Tribe Water Rights Settlement Act of 2022 ( Public Law 117–349 ; 136 Stat. 6225), including the Hualapai Water Trust Fund Account established under section 6(a)(1) of that Act (136 Stat. 6234).
(f)
New and Continuing Settlements Subaccount
(1)
Establishment
There is established in the Fund a subaccount, to be known as the  New and Continuing Settlements Subaccount  (referred to in this subsection as the  Subaccount ).
(2)
Deposits
(A)
In general
On the later of October 1, 2026, and the date of enactment of this subsection, and on each October 1 thereafter through October 1, 2035, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Subaccount $250,000,000.
(B)
Availability
Amounts deposited in the Subaccount under subparagraph (A) shall be available to the Secretary of the Interior, without further appropriation or fiscal year limitation, for the uses described in paragraph (3).
(3)
Uses
Subject to paragraph (4), amounts deposited in the Subaccount under paragraph (2)(A) shall be used by the Secretary of the Interior for transfers to funds or accounts authorized to receive discretionary appropriations, including Tribal trust funds established by an Act of Congress, or to satisfy other obligations of the United States identified by the Secretary of the Interior, under any Indian water rights settlement approved and authorized by an Act of Congress.
(4)
Scope of transfers
(A)
In general
Transfers authorized under paragraph (3) shall be made in such amounts as are determined by the Secretary of the Interior to be appropriate to satisfy the obligations of the United States, including appropriate indexing, pursuant to the applicable Indian water rights settlement.
(B)
Sequence and timing
The Secretary of the Interior shall have the discretion to determine the sequence and timing of transfers from the Subaccount under paragraph (3) to substantially complete the eligible Indian water rights settlements as expeditiously as practicable.
 .
(b)
Conforming amendment
Section 312(e) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 ( Public Law 111–291 ; 124 Stat. 3095; 136 Stat. 6184) is amended by striking paragraph (5) and inserting the following:
(5)
Prohibition
Notwithstanding any other provision of law, any amounts made available under paragraph (2)(B) shall not be made available from the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ).
 .