; and (B) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ). (3) Fluctuation in costs The amount authorized to be appropriated in paragraph (1) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after June 2014 as indicated by applicable engineering cost indices. (4) Availability of monies Monies appropriated to and deposited in the Navajo OM&R Trust Account, and investment earnings thereon, shall be made available by the Secretary to the Navajo Nation beginning on the date on which title to and OM&R responsibility for the Navajo water development projects is transferred to the Navajo Nation pursuant to subsection (h) of section 6 until such monies are exhausted. (c) Programmatic costs There is authorized to be appropriated $1,000,000 to assist the Nation with programmatic costs associated with the settlement, including the preparation of a hydrographic survey of historic and existing water uses on the Reservation. (d) Offset To the extent necessary, the Secretary shall offset any direct spending authorized and any interest earned on amounts expended pursuant to this section using such additional amounts as may be made available to the Secretary for the applicable fiscal year. 8. Reserved water rights (a) Quantification The Navajo Nation shall have the right to use water from water sources located within Utah and adjacent to or encompassed within the boundaries of the Reservation resulting in depletions not to exceed 81,500 acre-feet annually as described in the agreement. (b) Rights of members and allottees Any entitlement to water of any member or any allottee for lands within the Reservation or for any allotment shall be satisfied out of the Navajo Nation water rights recognized in the agreement and this Act. (c) Held in trust The water rights of the Navajo Nation and the allottees, all as described in the agreement and as adjudicated in the decree, shall be held in trust by the United States on behalf of the