PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on Natural Resources.
Congressional Research Service
Version 00 · Introduced in House · Feb 21, 2025
Navajo-Gallup Water Supply Project Amendments Act of 2025
This bill extends deadlines and otherwise revises the Navajo-Gallup Water Supply Project. This project was first authorized by the Omnibus Public Land Management Act of 2009, which settled the Navajo Nation's water rights in the San Juan Basin of New Mexico.
Specifically, the bill extends through December 31, 2029, the deadline for constructing project facilities.
The bill allows for additional project service areas, including by allowing the Navajo Nation to expand the project service area in order to deliver water supply from the project to Lupton, Arizona. The bill also sets forth criteria to authorize non-project water to flow outside of the project service area to Navajo communities in Utah.
The bill directs the Department of the Interior to take certain land into trust for the benefit of the Navajo Nation.
The bill also establishes (1) the Navajo Nation Operations, Maintenance, and Replacement Trust Fund; and (2) the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund.
People & committees
Rep. Leger Fernandez, Teresa [D-NM-3] · D–NM
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the House Committee on Natural Resources.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
Source last updated: Dec 10, 2025. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-02-21 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
This proposal would expand where the Navajo-Gallup water project may deliver water, raise its authorized funding, and extend key deadlines. It would authorize funds for the Navajo Nation’s and Jicarilla Apache Nation’s operating costs and limit the participating city’s repayment obligation. It would also allow limited deliveries of water outside the project’s own supply to Navajo communities in Utah, subject to funding, accounting, and agreement requirements. These are proposed changes, not evidence of enacted law.
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.
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.
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
in clause (viii), by striking 2019 and inserting 2032; (C) in clause (ix), by striking 2024 and inserting 2029
The repayment obligation of the City referred to in subparagraphs (A) and (B) shall not exceed $76,000,000.
The Nation may use amounts in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund to pay operation, maintenance, and replacement costs of the Project allocable to the Nation under section 10604.
There are authorized to be appropriated for deposit in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund $250,000,000.
The Jicarilla Apache Nation may use amounts in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund to pay operation, maintenance, and replacement costs of the Project allocable to the Jicarilla Nation under section 10604.
There are authorized to be appropriated for deposit in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund the amounts the Secretary has determined are in excess of the ability of the Jicarilla Apache Nation to pay in the Ability to Pay study required under paragraph (1) up to a maximum of $10,000,000.
Subject to paragraph (1), the Nation may provide non-Project water to communities of the Nation in the State of Utah, subject to the conditions that— (i) not more than 2,000 acre-feet per year of non-Project water may be treated, stored, or conveyed through Project and non-Project infrastructure for the benefit of those communities
Project funds shall not be used to design, plan, construct, operate, maintain, or repair any additional infrastructure in the State of New Mexico or any infrastructure in the State of Arizona or Utah to join the Project infrastructure to the Sweetwater pipeline (non-Project infrastructure)
be accounted for as a depletion by the Nation to be counted against the apportionment of the State of Utah under the Compact for purposes of the depletion accounting under the Navajo/Utah Settlement Agreement
delivery of non-Project water under this paragraph is subject to— (I) the terms of the Navajo/Utah Settlement Agreement; (II) the State of Utah issuing a decreed water right pursuant to the terms of the Navajo/Utah Settlement Agreement; (III) the State of Utah not incurring additional financial obligations beyond those identified in the Navajo/Utah Settlement Agreement; and (IV) the execution of an implementation agreement between the Nation and the State of Utah relating to accounting and measurement of non-Project water under this paragraph to be consistent with the terms of the Navajo/Utah Settlement Agreement.
The bill would be called the Navajo-Gallup Water Supply Project Amendments Act of 2025. It would define the project’s service area by reference to an environmental-review map covering 43 Navajo chapters, the southwestern part of the Jicarilla Apache Reservation, and the participating city.
This Act may be cited as the Navajo-Gallup Water Supply Project Amendments Act of 2025.
The term Project Service Area means the area that encompasses the 43 Nation chapters, the southwest portion of the Jicarilla Apache Reservation, and the City that is identified to be served by the Project, as illustrated in figure IV–5 (Drawing No. 1695–406–49) of the Final Environmental Impact Statement.
The proposal would replace references to a draft environmental review with a final review dated July 6, 2009. Project authorization would also refer to a specified cost estimate and later supplemental environmental documents. That estimate totals $2,138,387,000 at October 2022 prices; it is a planning estimate, separate from the bill’s funding authorization.
by striking draft environmental and inserting final environmental; and (D) by striking March 2007 and inserting July 6, 2009
The term Working Cost Estimate means the Bureau of Reclamation document entitled NGWSP October 2022 WCE and dated February 26, 2023, that details the costs totaling $2,138,387,000, at the October 2022 price level, of the Project, as configured on that date.
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.).
The Navajo Nation could expand service to its communities in New Mexico’s Rio San Jose Basin and to Lupton, Arizona. The Lupton expansion would remain subject to existing section 10603(c)(1), whose conditions are not reproduced. The bill’s statements that expansion would stay within authorized costs and reduce operating costs per unit are proposed congressional findings, not demonstrated outcomes.
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.
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.
Congress finds that— (i) 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 (ii) the unit operations and maintenance costs of the Project would be reduced by adding more customers to the Project.
The bill would add acquisition to the existing construction language and revise the listed facilities to include San Juan Generating Station water infrastructure and associated land. It would change a specified conveyance reference to the station’s reservoir, make highway-route descriptions less exact, and expressly include reservoir facilities with treatment facilities.
by inserting acquire, before construct,
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.
by striking River near Kirtland, New Mexico, and inserting Generating Station Reservoir; and (ii) by inserting generally before follows United States Highway 491; (D) in paragraph (3)(A), by inserting generally before follows United States Highway 550; and (E) in paragraph (5), by inserting (including any reservoir facility) after treatment facility
After specified agreement and statutory conditions were met, the Secretary would have to take title to listed Navajo-owned parcels, federal public lands, and acquired land underlying San Juan Generating Station, holding them in trust for the Navajo Nation’s benefit. The lands would become part of the Navajo Reservation. The transfer provision would preserve the Nation’s existing water rights and land rights or claims.
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
Public domain land managed by the Bureau of Land Management
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
Nothing in this paragraph affects any— (i) 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 2025; and (ii) 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 2025.
Existing rights and agreements affecting the listed Navajo-owned and public lands would generally continue unless their holders requested lawful early termination. For transferred public lands, the Bureau of Indian Affairs would assume the previous federal manager’s benefits and obligations and pay the Navajo Nation qualifying revenues accruing after the trust transfer.
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— (aa) 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 (bb) 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
The United States would retain permanent access and use rights over the generating-station land for project construction, operation, and maintenance. It would also retain ownership of the station’s water conveyance and storage facilities. These rights and ownership could later be transferred under the referenced statutory conveyance process.
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— (aa) for ingress and egress; (bb) to continue construction of the Project; and (cc) 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).
The United States shall retain ownership of 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) water conveyance and storage facilities when the underlying land is taken into trust under subparagraph (A)(iii) and title to those facilities shall remain vested in the United States unless title to those facilities are conveyed pursuant to subsection (f).
The Secretary could use up to $6.25 million of project funds for renewable energy serving portions without access to Colorado River Storage Project power. Within that amount, up to $1.25 million could support hydroelectric generation at suitable project facilities, whether or not they already had access to that power.
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.
The Navajo Nation and Secretary could agree to postpone selected facilities to save operating and maintenance expenses. Jicarilla Apache agreement would also be required when those facilities benefited it. Allocated construction money would go into a Treasury fund with its earnings, and further authorized-funding adjustments would stop for deposited amounts.
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— (i) amounts that correspond to portions of the Project that have been deferred under paragraph (1); and (ii) any interest or other gains on amounts referred to in clause (i).
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.
Deferred-construction money could pay for the postponed facilities or agreed alternatives. Alternatives would have to serve the project’s purposes and comply with environmental and cultural-resource laws. Once the required parties agreed, the Navajo Nation would have to use deposited money to construct the deferred or alternative facilities.
The Nation may use amounts in the Deferred Construction Fund— (i) to construct Project facilities that have been deferred under paragraph (1); or (ii) 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.
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— (A) Project facilities deferred under paragraph (1); or (B) alternate Project facilities described in paragraph (2)(C).
The city would retain all revenue from selling hydroelectric power generated on city-owned facilities.
except that the City shall retain all revenue from the sale of hydroelectric power that is generated on City-owned facilities
The city’s repayment percentage provision would change from a minimum of 25 percent, capped at 35 percent, to a maximum of 25 percent. Its repayment obligation would also be capped at $76 million. The bill would delete existing section 10604(f), but the supplied text does not reproduce that subsection or the full calculation underlying the percentage.
by striking Minimum percentage and inserting Maximum percentage; (ii) by striking at least 25 percent and inserting not more than 25 percent; and (iii) by striking , but shall in no event exceed 35 percent
The repayment obligation of the City referred to in subparagraphs (A) and (B) shall not exceed $76,000,000.
(6) by striking subsection (f); and (7) by redesignating subsection (g) as subsection (f).
The main project funding authorization would rise from $870 million for fiscal years 2009–2024 to $2.175 billion for fiscal years 2009–2029. This would authorize appropriations, rather than itself provide that money. Adjustments would account for specified construction-cost changes since October 2022 and unforeseen market volatility; deposited deferred-construction funds would be excluded from adjustments.
(d) Authorization of appropriations Section 10609
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 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
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
Amounts deposited in the Deferred Construction Fund shall not be adjusted pursuant to this paragraph.
Another authorization would change from $30 million for fiscal years 2009–2019 to $37.5 million for fiscal years 2009–2032, subject to adjustments. A related 2024 date would become 2032, and adjustment language would cover amounts under both paragraphs (1) and (2). A separate period would change from 10 to 15 years. The underlying provisions needed to explain these items’ full purposes are not supplied.
in paragraph (4)(B), by striking 10 years and inserting 15 years
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 (3), for the period of fiscal years 2009 through 2032; (B) in paragraph (2), by striking 2024 and inserting 2032; and (C) in paragraph (3), by striking The amount under paragraph (1) and inserting The amount under paragraphs (1) and (2).
Project construction, operation, and maintenance on land held in trust by the United States for the Navajo Nation would be subject to Navajo taxation and exempt from state and local charges. On other land, those activities would be subject to the relevant state’s taxation, including authorized local taxation, and exempt from Navajo charges.
(a) Nation land Any activity constituting the construction, operation, or maintenance of Project facilities— (1) 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 (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State.
(b) Other land Any activity constituting the construction, operation, or maintenance of Project facilities— (1) 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 (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation.
The agreement provisions would specify a December 31, 2019 deposit deadline for the Navajo water-resources fund, change a separate 2019 date to 2032, and move the referenced project deadline from 2024 to 2029. All required deferred-construction deposits would be due by December 31, 2029. Completing those deposits would satisfy the project deadline even if some facilities remained unbuilt.
Not later than December 31, 2019, the United States shall make all deposits into the Navajo Nation Water Resources Development Trust Fund established by section 10702(a)(1).
in clause (viii), by striking 2019 and inserting 2032; (C) in clause (ix), by striking 2024 and inserting 2029
Not later than December 31, 2029, the United States shall make all deposits into the Deferred Construction Fund in accordance with section 10602(i)(3).
On deposit of the amounts into the Deferred Construction Fund under subclause (I), even if certain Project facilities have not yet been constructed, the Secretary shall be deemed to have met the deadline described in clause (ix).
The rewritten Navajo water-resources trust-fund provision would permit spending on water facilities and conservation measures needed to use settlement water rights. It would specify authorized deposits of $6 million annually for fiscal years 2010–2014 and $4 million annually for 2015–2019. Spending and withdrawals would require both the December 31, 2019 threshold and entry of two specified court decrees in the water-rights case.
The Nation may use amounts in the Navajo Nation Water Resources Development Trust Fund— (A) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United States for which the Nation is responsible for operation, maintenance, and replacement costs; and (B) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the Nation under the Agreement.
There are authorized to be appropriated for deposit in the Navajo Nation Water Resources Development Trust Fund— (A) $6,000,000 for each of fiscal years 2010 through 2014; and (B) $4,000,000 for each of fiscal years 2015 through 2019.
shall not be available for expenditure or withdrawal— (A) before December 31, 2019; and (B) until the date on which the court in the stream adjudication has entered— (i) the Partial Final Decree; and (ii) the Supplemental Partial Final Decree.
The rewritten water-resources fund provision would direct investment beginning October 1, 2019 and allow investment earnings to support the fund’s authorized purposes. These historical dates do not establish whether deposits, investments, or court conditions actually occurred.
Beginning on October 1, 2019, the Secretary shall invest amounts in the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (e).
Any investment earnings, including interest, credited to amounts held in the Navajo Nation Water Resources Development Trust Fund are authorized to be used in accordance with paragraph (2).
The Secretary would establish a Navajo operations, maintenance, and replacement trust fund, with $250 million authorized for deposit. It could pay the Navajo Nation’s assigned project costs, but spending or withdrawal could not begin before the Nation became responsible for those costs. The fund would remain available until spent, withdrawn, or returned to the Treasury’s general fund.
The Secretary shall establish a trust fund to be known as the Navajo Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (2), to be managed, invested, and distributed by the Secretary, and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury
The Nation may use amounts in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund to pay operation, maintenance, and replacement costs of the Project allocable to the Nation under section 10604.
There are authorized to be appropriated for deposit in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund $250,000,000.
shall not be available for expenditure or withdrawal until the Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g).
A Jicarilla Apache operations, maintenance, and replacement fund would first require a study of costs beyond the Nation’s ability to pay. The authorization would cover the identified amount up to a $10 million base maximum, subject to the bill’s cost adjustments. The fund could pay assigned project costs once the Jicarilla Apache Nation became responsible for them and would remain available until spent, withdrawn, or returned to the Treasury.
Prior to establishment of the trust fund under paragraph (2), the Secretary shall conduct an Ability to Pay study to determine what operation, maintenance, and replacement costs of that section of the Project serving the Jicarilla Apache Nation are in excess of the ability of the Jicarilla Apache Nation to pay.
Upon completion of the Ability to Pay study as set forth in paragraph (1), the Secretary shall establish a trust fund to be known as the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (3), to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury
The Jicarilla Apache Nation may use amounts in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund to pay operation, maintenance, and replacement costs of the Project allocable to the Jicarilla Nation under section 10604.
There are authorized to be appropriated for deposit in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund the amounts the Secretary has determined are in excess of the ability of the Jicarilla Apache Nation to pay in the Ability to Pay study required under paragraph (1) up to a maximum of $10,000,000.
shall not be available for expenditure or withdrawal until the Jicarilla Apache Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g).
The amounts authorized to be appropriated under paragraph (4) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index.
Both operating-cost fund authorizations would rise or fall with ordinary cost changes after October 2022, using the Bureau of Reclamation’s operation and maintenance cost index. Adjustments would continue for later appropriations, stopping for each installment when it was deposited.
The amounts authorized to be appropriated under paragraph (3) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index.
The amounts authorized to be appropriated under paragraph (4) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index.
The adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.
The period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund.
The period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund.
The Secretary would manage, invest, and distribute the three settlement trust funds under the listed federal Indian trust-fund laws. Earnings in both operating-cost funds could be used for the same authorized purposes as their principal.
The Secretary shall manage the Settlement Trust Funds, invest amounts in the Settlement Trust Funds pursuant to subsection (e), and make amounts available from the Settlement Trust Funds for distribution to the Nation and the Jicarilla Apache Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
The Secretary shall invest amounts in the Settlement Trust Funds in accordance with— (1) the Act of April 1, 1880 (25 U.S.C. 161); (2) the first section of the Act of June 24, 1938 (25 U.S.C. 162a); and (3) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
Any investment earnings, including interest, credited to amounts held in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (2).
Any investment earnings, including interest, credited to amounts held in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (3).
The Nations could withdraw settlement funds under approved Tribal management plans restricting spending to each fund’s authorized purposes. The Secretary could enforce those plans through court or administrative action. The Secretary and Treasury Secretary would not be liable for how the Nations spent or invested withdrawn amounts.
On approval by the Secretary of a Tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Nation and the Jicarilla Apache Nation may withdraw all or a portion of the amounts in the Settlement Trust Funds.
a Tribal management plan shall require that the Nation and Jicarilla Apache Nation only use amounts in the Settlement Trust Funds for the purposes described in subsection (a)(2), (b)(2), or (c)(3), as applicable.
The Secretary may take judicial or administrative action to enforce the provisions of any Tribal management plan to ensure that any amounts withdrawn from the Settlement Trust Funds are used in accordance with this subtitle.
The Secretary or the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Settlement Trust Funds by the Nation or the Jicarilla Apache Nation.
Settlement funds made available under the section that a Nation did not withdraw would require an expenditure plan explaining their uses. The Secretary would have to approve a reasonable plan consistent with the legislation. Both Nations would submit annual spending reports, and the funds could not be distributed to members as per-person payments.
The Nation and Jicarilla Apache Nation shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Settlement Trust Funds made available under this section that the Nation or the Jicarilla Apache Nation does not withdraw under this subsection.
An expenditure plan submitted under subparagraph (A) shall describe the manner in which, and the purposes for which, funds of the Nation or the Jicarilla Apache Nation remaining in the Settlement Trust Funds will be used.
the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle.
The Nation and Jicarilla Apache Nation shall submit to the Secretary an annual report that describes any expenditures from the Settlement Trust Funds during the year covered by the report.
No portion of the amounts in the Settlement Trust Funds shall be distributed to any Nation or Jicarilla Apache Nation member on a per capita basis.
The bill would change two dates in existing water-rights waiver and release provisions from 2025 to 2030. Because those provisions are not reproduced, the supplied text does not establish the full consequences of missing those dates.
(c) Waivers and releases Section 10703 of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1403) is amended— (1) in subsection (d)(1)(A), by striking 2025 and inserting 2030; and (2) in subsection (e)(2), in the matter preceding subparagraph (A), by striking 2025 and inserting 2030.
Subject to existing paragraph (1) and the new conditions, the Navajo Nation could provide non-project water to its Utah communities. The annual water-volume limit for treatment, storage, or conveyance through project and non-project infrastructure would be 2,000 acre-feet.
Subject to paragraph (1), the Nation may provide non-Project water to communities of the Nation in the State of Utah, subject to the conditions that— (i) not more than 2,000 acre-feet per year of non-Project water may be treated, stored, or conveyed through Project and non-Project infrastructure for the benefit of those communities
Qualifying water delivered to the New Mexico state line for the Utah communities would count as part of the Navajo-Utah settlement water rights. Its use would be charged against Utah’s allocated water share under the referenced compact and settlement accounting rules.
any non-Project water treated or conveyed through Project and non-Project infrastructure and delivered to the New Mexico state line for the benefit of those communities shall— (I) be considered part of the Navajo-Utah water rights as quantified in section 1102(d)(1)(A) of title XI of division FF of Public Law 116–260 (134 Stat. 3227); and (II) be accounted for as a depletion by the Nation to be counted against the apportionment of the State of Utah under the Compact for purposes of the depletion accounting under the Navajo/Utah Settlement Agreement
Project funds could not pay for the specified infrastructure connecting the project to the Sweetwater pipeline. Federal funding for non-project storage and conveyance infrastructure serving the Utah communities would also be barred, except for funds authorized under the three listed laws.
Project funds shall not be used to design, plan, construct, operate, maintain, or repair any additional infrastructure in the State of New Mexico or any infrastructure in the State of Arizona or Utah to join the Project infrastructure to the Sweetwater pipeline (non-Project infrastructure)
no Federal funding shall be provided for the costs to construct, operate, maintain, and replace any non-Project infrastructure necessary for storage and conveyance of non-Project water from the State of New Mexico to serve those communities except for funds authorized under— (I) section 1102 of title XI of division FF of Public Law 116–260 (134 Stat. 3224); (II) section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a); and (III) the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.)
The Utah deliveries could not increase any project participant’s assigned operating, maintenance, or replacement costs through use of non-project infrastructure, or delay the project in a way harmful to a participant. Neither the United States nor New Mexico would have an obligation under this paragraph to supply that water, and New Mexico would have no funding obligation under it.
the share of any Project Participants' Project operation, maintenance, and replacement costs shall not be increased in connection with the use of non-Project infrastructure
efforts associated with providing non-Project water to those communities shall not delay the Project, or any component of the Project, in a manner that would be prejudicial to any Project Participant
the United States shall have no responsibility or obligation to provide non-Project water to those communities under this paragraph
The State of New Mexico shall have no responsibility or obligation to provide— (i) non-Project water to communities of the Nation in the State of Utah under this paragraph; or (ii) any funding under this paragraph.
Utah deliveries would depend on compliance with the Navajo/Utah settlement, Utah’s issuance of the specified decreed water right, no added Utah financial obligations beyond the settlement, and a Navajo-Utah implementation agreement governing measurement and accounting.
delivery of non-Project water under this paragraph is subject to— (I) the terms of the Navajo/Utah Settlement Agreement; (II) the State of Utah issuing a decreed water right pursuant to the terms of the Navajo/Utah Settlement Agreement; (III) the State of Utah not incurring additional financial obligations beyond those identified in the Navajo/Utah Settlement Agreement; and (IV) the execution of an implementation agreement between the Nation and the State of Utah relating to accounting and measurement of non-Project water under this paragraph to be consistent with the terms of the Navajo/Utah Settlement Agreement.
The supplied actions snapshot, updated December 10, 2025, records introduction in the House and referral to the House Committee on Natural Resources on February 21, 2025. It supplies no later action; that does not establish whether the bill subsequently advanced or became law.
Source snapshot updated 2025-12-10T06:56:09Z. 2025-02-21: Referred to the House Committee on Natural Resources. 2025-02-21: Introduced in House
A closer look
Reviewed version: Introduced in House · 2025-02-21. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision was identified after reviewing the complete supplied introduced text. This conclusion applies only to that version and does not establish amendment attachment history or the contents of other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No earmark was identified after reviewing the complete supplied introduced text under the stated definition. Authorizations alone do not establish earmarks. This conclusion applies only to this version; missing disclosures and legislative reports prevent a definitive assessment of formal earmark status or accompanying materials.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The findings identify narrow benefits tied to the main water-project policy. Classification warrants scrutiny but does not establish impropriety.
The participating city would receive a specific repayment concession: its percentage provision would change to a maximum of 25 percent, and its total obligation would be capped at $76 million. The full underlying repayment calculation is not reproduced.
by striking Minimum percentage and inserting Maximum percentage; (ii) by striking at least 25 percent and inserting not more than 25 percent; and (iii) by striking , but shall in no event exceed 35 percent
The repayment obligation of the City referred to in subparagraphs (A) and (B) shall not exceed $76,000,000.
The city would receive an express exception allowing it to retain all sales revenue from hydroelectric power generated on its own facilities, a narrow revenue allocation within the project.
except that the City shall retain all revenue from the sale of hydroelectric power that is generated on City-owned facilities
The Navajo Nation would benefit from a conditional transfer into trust of specified project lands, including federal public lands, and from qualifying revenues accruing on the transferred public lands. This is a specific property and revenue benefit tied to project facilities.
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:
Public domain land managed by the Bureau of Land Management, including— (I) the parcel of land on which the Cutter Lateral Water Treatment Plant is located, including S1/2 sec. 9, T. 25 N., R. 9 W., New Mexico Prime Meridian; and (II) the parcel of land on which the Navajo Agricultural Products Industry turnout is located, including NW1/4 and NE1/4 sec. 34, T. 26 N., R. 9 W., New Mexico Prime Meridian.
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
Activities constructing, operating, or maintaining project facilities would receive project-specific protection from one government's charges depending on location: state and local charges would be barred on Navajo trust land, while Navajo charges would be barred elsewhere. These are reciprocal exemptions, not a blanket exemption from taxation.
(a) Nation land Any activity constituting the construction, operation, or maintenance of Project facilities— (1) 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 (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State.
(b) Other land Any activity constituting the construction, operation, or maintenance of Project facilities— (1) 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 (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation.
Full text preserved for this analysis. Legislative record snapshot: Dec 10, 2025. How PlainBill uses AI