Funding
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(a) Mandatory appropriations Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary, to remain available to the Secretary until expended, withdrawn, or reverted to the general fund of the Treasury, the following amounts: (1) Tú ńlį́į́níchoh water infrastructure project fund For deposit in the following accounts of the Tú ńlį́į́níchoh Water Infrastructure Project Fund established under section 7(a): (A) $731,059,000 in the Cragin-Verde Pipeline Account established under section 7(b)(1). (B) $152,490,000 in the YAN Drinking Water System Account established under section 7(b)(2). (2) Yavapai-apache nation water settlement trust fund For deposit in the following accounts of the Yavapai-Apache Nation Water Settlement Trust Fund established under section 8(a): (A) $300,000 in the Yavapai-Apache Water Settlement Implementation Account established under section 8(b)(1). (B) $58,000,000 in the Yavapai-Apache Water Projects Account established under section 8(b)(2). (C) $31,000,000 in the Yavapai-Apache Wastewater Projects Account established under section 8(b)(3). (D) $66,000,000 in the Yavapai-Apache OM&R Account established under section 8(b)(4). (E) $700,000 in the Yavapai-Apache Watershed Rehabilitation and Restoration Account established under section 8(b)(5). (b) Fluctuation in costs (1) Project fund The amounts appropriated under subsection (a)(1) shall be— (A) 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 of Reclamation Construction Cost Index applicable to the types of construction involved; and (B) 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 means of construction and current industry standards involved. (2) Trust fund The amounts appropriated under subsection (a)(2) shall be— (A) 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 of Reclamation Construction Cost Index—Composite Trend; and (B) 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 means of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Requirements for adjustment process The adjustment process under this subsection shall be repeated for each subsequent amount appropriated for deposit in the Tú ńlį́į́níchoh Water Infrastructure Project Fund under subsection (a)(1) and the Yavapai-Apache Nation Water Settlement Trust Fund under subsection (a)(2), until the amount authorized to be appropriated, as so adjusted, has been appropriated. (5) Period of indexing (A) Project fund With respect to the Tú ńlį́į́níchoh Water Infrastructure Project Fund, the period of indexing adjustment for any increment of funding shall be annual until the Tú ńlį́į́níchoh Water Infrastructure Project is completed. (B) Trust fund With respect to the Yavapai-Apache Nation Water Settlement Trust Fund, the period of indexing adjustment for any increment of funding shall end on the date on which funds are deposited into the Yavapai-Apache Nation Water Settlement Trust Fund. (c) Commencement of environmental compliance Subject to the requirements of subparagraphs (A) and (B) of section 7(e)(2), effective beginning on the date of deposit of funds in the Tú ńlį́į́níchoh Water Infrastructure Project Fund under subsection (a)(1), the Secretary shall commence any planning, design, environmental, cultural, and historical compliance activities necessary to implement the Agreement and this Act, including activities necessary to comply with section 4(c)(1).