Page:United States Statutes at Large Volume 114 Part 5.djvu/303

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PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-263 to that municipal and industrial water allocation of the Tribe. "(B) TREATMENT OF COSTS. —A Tribe shall not be required to reimburse the Secretary for the payment of any cost referred to in subparagraph (A). "(5) REPAYMENT OF PRO RATA SHARE.— Upon a Tribe's first use of an increment of a municipal and industrial water allocation described in paragraph (4), or the Tribe's first use of such water pursuant to the terms of a water use contract— "(A) repayment of that increment's pro rata share of those allocable construction costs for the Dolores Project shall be made by the Tribe; and "(B) the Tribe shall bear a pro rata share of the allocable annual operation, maintenance, and replacement costs of the increment as referred to in paragraph (4).". SEC, 303. MISCELLANEOUS. The Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973) is amended by adding at the end the following: "SEC. 15. NEW MEXICO AND NAVAJO NATION WATER MATTERS. " (a) ASSIGNMENT OF WATER PERMIT. —Upon the request of the State Engineer of the State of New Mexico, the Secretary shall, as soon as practicable, in a manner consistent with applicable law, assign, without consideration, to the New Mexico Animas- La Plata Project beneficiaries or to the New Mexico Interstate Stream Commission in accordance with the request of the State Engineer, the Department of the Interior's interest in New Mexico State Engineer Permit Number 2883, dated May 1, 1956, in order to fulfill the New Mexico non-Navajo purposes of the Animas- La Plata Project, so long as the permit assignment does not affect the application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to the use of the water involved. "(b) NAVAJO NATION MUNICIPAL PIPELINE. —The Secretary is specifically authorized to construct a water line to augment the existing system that conveys the municipal water supplies, in an amount not less than 4,680 acre-feet per year, to the Navajo Indian Reservation at or near Shiprock, New Mexico. The Secretary shall comply with all applicable environmental laws with respect to such water line. Construction costs allocated to the Navajo Nation for such water line shall be nonreimbursable to the United States. "(c) PROTECTION OF NAVAJO WATER CLAIMS.— Nothing in this Act, including the permit assignment authorized by subsection (a), shall be construed to quantify or otherwise adversely affect the water rights and the claims of entitlement to water of the Navajo Nation. "SEC. 16. RESOURCE FUNDS. "(a) AUTHORIZATION OF APPROPRIATIONS.—T here is authorized to be appropriated to carry out this section, $8,000,000 for each of fiscal years 2002 through 2006. Not later than 60 days after amounts are appropriated and available to the Secretary for a fiscal year under this paragraph, the Secretary shall make a pay- ment to each of the Tribal Resource Funds established under subsection (b). Each such payment shall be equal to 50 percent of the amount appropriated for the fiscal year involved. "(b) FUNDS. —The Secretary shall establish a—