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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 664 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 706
115th CONGRESS
  2d Session
                                 S. 664

                          [Report No. 115-401]

  To approve the settlement of the water rights claims of the Navajo 
  Nation in Utah, to authorize construction of projects in connection 
                   therewith, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2017

   Mr. Hatch introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

                           November 29, 2018

Reported by Mr. Hoeven, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
  To approve the settlement of the water rights claims of the Navajo 
  Nation in Utah, to authorize construction of projects in connection 
                   therewith, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Navajo Utah Water Rights 
Settlement Act of 2017''.</DELETED>

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to eliminate controversy over the 
        quantification, allocation, distribution, and use of all waters 
        derived by or through the Navajo Nation in the State of Utah 
        pursuant to all legal theories;</DELETED>
        <DELETED>    (2) to recognize and protect the reserved water 
        rights of the Navajo Nation and all those possessing water 
        rights derived by or through the Navajo Nation;</DELETED>
        <DELETED>    (3) to protect State appropriative water 
        rights;</DELETED>
        <DELETED>    (4) to provide Navajo and non-Indian citizens in 
        the Upper Colorado River Basin in Utah with certainty regarding 
        water rights, water management, and administration that will 
        allow them to plan for their futures;</DELETED>
        <DELETED>    (5) to approve, ratify, and confirm the 
        agreement;</DELETED>
        <DELETED>    (6) to authorize and direct the Secretary to 
        execute and perform duties under the agreement and this 
        Act;</DELETED>
        <DELETED>    (7) to authorize the actions and appropriations 
        necessary for the United States to fulfill its legal and trust 
        obligations to the tribes as provided in the agreement and this 
        Act;</DELETED>
        <DELETED>    (8) to provide sufficient water supplies and 
        facilities for delivery of those supplies needed to develop and 
        maintain the Navajo Reservation in Utah as a permanent homeland 
        for the Navajo Nation and its members; and</DELETED>
        <DELETED>    (9) to promote the economic development and 
        economic self-sufficiency of the Navajo Nation in 
        Utah.</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) It is the policy of the United States, in 
        keeping with the trust responsibility of the United States to 
        Indian tribes, to settle Indian water rights claims whenever 
        possible without lengthy and costly litigation.</DELETED>
        <DELETED>    (2) The water rights settlements described in 
        paragraph (1) typically require congressional review and 
        approval.</DELETED>
        <DELETED>    (3) The Navajo Nation and the United States, 
        acting as trustee for the Navajo Nation and allottees of the 
        Navajo Nation, claim the right to an unquantified amount of 
        water from the San Juan River in the Upper Colorado River Basin 
        in Utah.</DELETED>
        <DELETED>    (4) Consistent with the policy of the United 
        States, this Act settles the water rights claims of the Navajo 
        Nation and the United States within the State of Utah, acting 
        as trustee for the Navajo Nation and allottees of the Navajo 
        Nation, without litigation.</DELETED>
        <DELETED>    (5) This Act settles the water rights claims of 
        the Navajo Nation and the United States within the State of 
        Utah, acting as trustee for the Navajo Nation and allottees of 
        the Navajo Nation, by providing a permanent source of water for 
        the Navajo Nation in Utah, a water settlement fund to be used 
        for the construction of drinking water infrastructure, and the 
        financing of other modes of water delivery on the Navajo Nation 
        in Utah in exchange for limiting the legal exposure and 
        litigation expenses of the United States and the State of 
        Utah.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

        <DELETED>    (1) Afy.--The term ``afy'' means acre-feet per 
        year.</DELETED>
        <DELETED>    (2) Agreement.--The term ``agreement'' means the 
        document entitled ``Navajo Utah Water Rights Settlement 
        Agreement'' and the exhibits attached thereto.</DELETED>
        <DELETED>    (3) Allottee.--The term ``allottee'' means 
        individual members of the Navajo Nation or other Indian tribe 
        for whom the United States holds in trust title to an allotment 
        on the Navajo Nation Reservation in Utah.</DELETED>
        <DELETED>    (4) Allotment.--The term ``allotment'' means--
        </DELETED>
                <DELETED>    (A) a parcel of land located within the 
                Reservation; or</DELETED>
                <DELETED>    (B) Bureau of Indian Affairs parcel number 
                792 634511 in San Juan County, Utah, consisting of 160 
                acres located in Township 41S, Range 20E, sections 11, 
                12, and 14, originally set aside by the United States 
                for the benefit of an individual identified in the 
                allotting document as a Navajo Indian and held in trust 
                by the United States.</DELETED>
        <DELETED>    (5) Enforceability date.--The term 
        ``enforceability date'' means the date on which the Secretary 
        publishes in the Federal Register the statement of findings 
        described in section 9(a) of this Act.</DELETED>
        <DELETED>    (6) General stream adjudication.--The term 
        ``general stream adjudication'' means the adjudication pending, 
        as of the date of enactment, in the Seventh Judicial District 
        in and for Grand County, State of Utah, commonly known as the 
        ``Southeastern Colorado River General Adjudication'', Civil No. 
        810704477, conducted pursuant to State law.</DELETED>
        <DELETED>    (7) Indian health service.--The term ``Indian 
        Health Service'' means the United States Indian Health 
        Service.</DELETED>
        <DELETED>    (8) Injury to water rights.--The term ``injury to 
        water rights'' means the loss, deprivation, impairment, or 
        diminution of water rights.</DELETED>
        <DELETED>    (9) Member.--The term ``member'' means any person 
        who is a duly enrolled member of the Navajo Nation.</DELETED>
        <DELETED>    (10) Navajo nation or nation.--The term ``Navajo 
        Nation'' or ``Nation'' means a body politic and federally 
        recognized Indian nation, as published on the list established 
        under section 104(a) of the Federally Recognized Indian Tribe 
        List Act of 1994 (25 U.S.C. 5131(a)), also known variously as 
        the ``Navajo Nation'', the ``Navajo Nation of Arizona, New 
        Mexico, & Utah'', and the ``Navajo Nation of Indians'' and 
        other similar names, and includes all bands of Navajo Indians 
        and chapters of the Navajo Nation and all divisions, agencies, 
        officers, and agents thereof.</DELETED>
        <DELETED>    (11) Navajo water development projects.--The term 
        ``Navajo water development projects'' means the projects 
        constructed, in whole or in part, using monies from the Navajo 
        Water Development Fund.</DELETED>
        <DELETED>    (12) OM&R.--The term ``OM&R'' means operation, 
        maintenance, and replacement.</DELETED>
        <DELETED>    (13) Parties.--The term ``parties'' means the 
        Navajo Nation, the State, and the United States.</DELETED>
        <DELETED>    (14) Reclamation.--The term ``Reclamation'' means 
        the United States Bureau of Reclamation.</DELETED>
        <DELETED>    (15) Reservation.--The term ``Reservation'' means, 
        for purposes of this agreement, the Reservation of the Navajo 
        Nation as in existence on the date of enactment of this Act and 
        depicted on the map attached to the agreement as Exhibit 
        A.</DELETED>
        <DELETED>    (16) Secretary.--The term ``Secretary'' means the 
        Secretary of the United States Department of the Interior or a 
        duly authorized representative thereof.</DELETED>
        <DELETED>    (17) State.--The term ``State'' means the State of 
        Utah and all officers, agents, departments, and political 
        subdivisions thereof.</DELETED>
        <DELETED>    (18) United states.--The term ``United States'' 
        means the United States of America and all departments, 
        agencies, bureaus, officers, and agents thereof.</DELETED>
        <DELETED>    (19) United states acting in its trust capacity.--
        The term ``United States acting in its trust capacity'' means 
        the United States acting for the benefit of the Navajo Nation 
        or for the benefit of allottees.</DELETED>
        <DELETED>    (20) Water rights.--The term ``water rights'' 
        means rights under tribal, State, and Federal law to divert, 
        pump, impound, store, use, or reuse water within the 
        State.</DELETED>

<DELETED>SEC. 5. RATIFICATION OF AGREEMENT.</DELETED>

<DELETED>    (a) Approval by Congress.--Except to the extent that any 
provision of the agreement conflicts with this Act, Congress approves, 
ratifies, and confirms the agreement (including any amendments to the 
agreement that are executed to make the agreement consistent with this 
Act).</DELETED>
<DELETED>    (b) Execution by Secretary.--The Secretary is authorized 
and directed to promptly, and no later than 180 days from the date that 
this Act becomes law, execute the agreement to the extent that the 
agreement does not conflict with this Act, including--</DELETED>
        <DELETED>    (1) any exhibits to the agreement requiring the 
        signature of the Secretary; and</DELETED>
        <DELETED>    (2) any amendments to the agreement necessary to 
        make the agreement consistent with this Act.</DELETED>
<DELETED>    (c) Authority of Secretary.--The Secretary may carry out 
any action that the Secretary determines is necessary or appropriate to 
implement the agreement and this Act.</DELETED>
<DELETED>    (d) Environmental Compliance.--</DELETED>
        <DELETED>    (1) Environmental compliance.--The Secretary shall 
        comply with all aspects of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable 
        Federal environmental laws and regulations.</DELETED>
        <DELETED>    (2) Execution of the agreement.--Execution of the 
        agreement by the Secretary as provided for in this Act shall 
        not constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).</DELETED>
        <DELETED>    (3) Lead agency.--Reclamation, or any United 
        States or Navajo Nation agency with an intergovernmental 
        agreement with the Secretary pursuant to subsection (a) of 
        section 6, is authorized to be designated as the lead or joint 
        lead agency with respect to environmental compliance for the 
        Navajo water development projects.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF NAVAJO WATER 
              DEVELOPMENT PROJECTS.</DELETED>

<DELETED>    (a) In General.--The Secretary, acting through the 
Commissioner of Reclamation, shall plan, design, and construct the 
water diversion, delivery, and conservation features of the Navajo 
water development projects. The Secretary is authorized to enter into 
intergovernmental agreements with other United States, State, or Navajo 
Nation agencies as necessary or appropriate to implement this 
section.</DELETED>
<DELETED>    (b) Lead Agency.--Reclamation, or any Federal or Navajo 
Nation agency with an intergovernmental agreement with the Secretary 
pursuant to subsection (a), is authorized to serve as the lead agency 
or joint lead agencies with respect to any activity to plan, design, 
and construct the water diversion, delivery, and conservation features 
of any Navajo water development project to be constructed by that 
agency.</DELETED>
<DELETED>    (c) Scope.--The agreement and this Act contemplate a 
comprehensive approach to addressing identified Reservation water needs 
by providing funds for domestic and municipal water supply and 
distribution infrastructure and agricultural water conservation. To 
allow the Navajo Nation flexibility in meeting the needs of its people 
over time as both circumstances and technologies evolve, the costs to 
meet Reservation water needs determined in the studies identified in 
the agreement were used to establish the dollar amount of the Navajo 
Water Development Fund. To help ensure that water supply and 
distribution systems constructed pursuant to the agreement and this Act 
can be successfully developed and transitioned to be user-supported 
systems, the agreement and this Act also provide for a Navajo OM&R 
Trust Account.</DELETED>
<DELETED>    (d) Final Water Supply System Projects.--</DELETED>
        <DELETED>    (1) Design review.--Prior to beginning 
        construction activities for any water supply system as 
        described in the agreement and constructed pursuant to this 
        section, the Secretary shall review the design of the proposed 
        Navajo water development projects and perform value-engineering 
        analyses.</DELETED>
        <DELETED>    (2) Negotiation and agreement with the navajo 
        nation.--On the basis of the review described in paragraph (1), 
        the Secretary shall negotiate and reach agreement with the 
        Navajo Nation regarding appropriate changes to the final design 
        so that the final design meets applicable industry standards, 
        as well as changes, if any, that would allow the projects to be 
        constructed for the amounts made available under subsection (a) 
        of section 7, and improve the cost-effectiveness of the 
        projects.</DELETED>
<DELETED>    (e) Nonreimbursability of Costs.--All costs incurred by 
the Secretary in carrying out this section shall be 
nonreimbursable.</DELETED>
<DELETED>    (f) Funding.--</DELETED>
        <DELETED>    (1) Federal obligation.--The total amount of 
        obligations incurred by the Secretary for planning, design, and 
        construction of the Navajo water development projects in 
        subsections (a) through (j) of this section shall not exceed 
        $198,300,000, except that the total amount of $198,300,000 
        shall be increased or decreased, as appropriate, based on 
        ordinary fluctuations from June 2014, in construction cost 
        indices applicable to the types of construction involved in the 
        design and construction of the Navajo water development 
        projects.</DELETED>
        <DELETED>    (2) State cost share.--The State shall contribute 
        $8,000,000 payable to the Secretary for planning, design, and 
        construction of the Navajo water development projects in 
        installments in each of the 3 years following the execution of 
        the agreement by the Secretary as provided for in subsection 
        (b) of section 5.</DELETED>
        <DELETED>    (3) Transfers to navajo om&r account.--Monies made 
        available for the Navajo water development projects but not 
        used for that purpose may, at the discretion of the Navajo 
        Nation, be transferred to the Navajo OM&R Trust Account 
        established by subsection (k).</DELETED>
<DELETED>    (g) Applicability of the Indian Self-Determination Act.--
</DELETED>
        <DELETED>    (1) In general.--At the request of the Navajo 
        Nation, and in accordance with the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5301 et seq.), the 
        Secretary shall enter into one or more agreements with the 
        Navajo Nation to carry out the activities authorized by this 
        section.</DELETED>
        <DELETED>    (2) Oversight costs.--Reclamation, or any Federal 
        agency with an intergovernmental agreement with the Secretary 
        pursuant to subsection (a), and the Navajo Nation shall 
        negotiate the cost of any oversight activities carried out by 
        such agencies for each agreement under this section, provided 
        that the total cost for that oversight shall not exceed 4 
        percent of the total project costs.</DELETED>
<DELETED>    (h) Conveyance of Title to Navajo Water Development 
Projects.--The Secretary shall convey title to those Navajo water 
development projects described as water supply and water distribution 
systems in the agreement and authorized in this section to the Navajo 
Nation when construction of each project is complete and the project is 
operating and, if applicable, delivering potable water.</DELETED>
        <DELETED>    (1) Limitation of liability.--Effective on the 
        date of the conveyance authorized by this subsection, the 
        United States shall not be held liable by any court for damages 
        arising out of any act, omission, or occurrence relating to the 
        facilities conveyed under this subsection, other than damages 
        caused by any intentional act or act of negligence committed by 
        the United States, or by employees or agents of the United 
        States, prior to the date of conveyance.</DELETED>
        <DELETED>    (2) OM&R obligation of the united states after 
        conveyance.--The United States shall have no obligation to pay 
        for the operation, maintenance, or replacement costs of any 
        Navajo water development project beginning on the date on 
        which--</DELETED>
                <DELETED>    (A) title to the project is conveyed to 
                the Navajo Nation; and</DELETED>
                <DELETED>    (B) the amounts required to be deposited 
                in the Navajo OM&R Trust Account pursuant to subsection 
                (b) of section 7 have been deposited in that 
                account.</DELETED>
<DELETED>    (i) Technical Assistance.--The Secretary shall provide 
technical assistance to prepare the Navajo Nation for operation of the 
Navajo water development projects, including operation and management 
training.</DELETED>
<DELETED>    (j) Project Management Committee.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall facilitate 
        the formation of a project management committee to be composed 
        of representatives of--</DELETED>
                <DELETED>    (A) the Navajo Nation;</DELETED>
                <DELETED>    (B) Reclamation, or any Federal agency 
                with an intergovernmental agreement with the Secretary 
                pursuant to subsection (a), the Bureau of Indian 
                Affairs, and the Indian Health Service, as appropriate; 
                and</DELETED>
                <DELETED>    (C) the State.</DELETED>
        <DELETED>    (2) Duties.--The project management committee 
        shall--</DELETED>
                <DELETED>    (A) review cost factors and budgets for 
                construction, operation, and maintenance activities for 
                the Navajo water development projects;</DELETED>
                <DELETED>    (B) improve management of the planning, 
                design, construction, and operation of the Navajo water 
                development projects through enhanced communication; 
                and</DELETED>
                <DELETED>    (C) seek additional ways to reduce overall 
                costs for the Navajo water development 
                projects.</DELETED>
<DELETED>    (k) Navajo OM&R Trust Account.--The United States shall 
establish a trust account in the Treasury of the United States for the 
operation, maintenance, and replacement of the Navajo water development 
projects authorized to be constructed in this section and described in 
the agreement as water supply systems and water distribution 
systems.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Navajo Water Development Fund.--</DELETED>
        <DELETED>    (1) In general.--There is authorized to be 
        appropriated to the Secretary $198,300,000 to plan, design, and 
        construct the Navajo water development projects to remain 
        available until expended.</DELETED>
        <DELETED>    (2) Adjustments.--The amount under paragraph (1) 
        shall be adjusted by such amounts--</DELETED>
                <DELETED>    (A) as are contributed by the State 
                pursuant to subsection (f)(2) of section 6; 
                and</DELETED>
                <DELETED>    (B) as may be required by reason of 
                changes since June 2014 in construction costs, as 
                indicated by engineering cost indices applicable to the 
                types of construction involved.</DELETED>
        <DELETED>    (3) Use.--In addition to the uses authorized under 
        paragraph (1), amounts made available under that paragraph may 
        be used for the conduct of related activities, to comply with 
        Federal environmental laws, or may be transferred to the Navajo 
        OM&R Trust Account as provided in subsection (f)(3) of section 
        6.</DELETED>
<DELETED>    (b) Navajo OM&R Trust Account.--</DELETED>
        <DELETED>    (1) Authorization of appropriations.--For the 
        purpose of assisting the Navajo Nation with the expenses of 
        operating, maintaining, and replacing the Navajo water 
        development projects authorized to be constructed in section 6 
        and described as water supply systems and water distribution 
        systems in the agreement, there is authorized to be 
        appropriated $11,100,000 to be deposited in the Navajo OM&R 
        trust account established pursuant to subsection (k) of section 
        6, which funds shall be retained until expended.</DELETED>
        <DELETED>    (2) Management of account.--The Secretary shall 
        manage the account in accordance with the American Indian Trust 
        Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
        and shall invest amounts deposited in the account in accordance 
        with that Act and--</DELETED>
                <DELETED>    (A) the Act of April 1, 1880 (25 U.S.C. 
                161); and</DELETED>
                <DELETED>    (B) the first section of the Act of June 
                24, 1938 (25 U.S.C. 162a).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 8. RESERVED WATER RIGHTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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 Navajo Nation and allottees, respectively.</DELETED>
<DELETED>    (d) Forfeiture and Abandonment.--The water rights of the 
Navajo Nation and the allottees, all as described in the agreement and 
adjudicated in the decree, shall not be subject to loss by non-use, 
forfeiture, abandonment, or other operation of law.</DELETED>

<DELETED>SEC. 9. CONDITIONS PRECEDENT.</DELETED>

<DELETED>    (a) In General.--The waivers and release contained in 
section 10 of this Act shall become effective as of the date the 
Secretary causes to be published in the Federal Register a statement of 
findings that--</DELETED>
        <DELETED>    (1) to the extent that the agreement conflicts 
        with the Act, the agreement has been revised to conform with 
        this Act;</DELETED>
        <DELETED>    (2) the agreement, so revised, including waivers 
        and releases of claims set forth in section 10, has been 
        executed by the parties, including the United States;</DELETED>
        <DELETED>    (3) Congress has fully appropriated, or the 
        Secretary has provided from other authorized sources, all funds 
        authorized by subsections (a) and (b) of section 7;</DELETED>
        <DELETED>    (4) the State has enacted any necessary 
        legislation and provided the funding required under the 
        agreement and subsection (f)(2) of section 6 of this Act; 
        and</DELETED>
        <DELETED>    (5) the court has entered a final or interlocutory 
        decree that--</DELETED>
                <DELETED>    (A) confirms the water rights of the 
                Navajo Nation;</DELETED>
                <DELETED>    (B) with respect to the water rights of 
                the Navajo Nation, is final as to all parties to the 
                general stream adjudication and from which no further 
                appeals may be taken; and</DELETED>
                <DELETED>    (C) the Secretary, in consultation with 
                the parties, has determined is consistent in all 
                material respects with the agreement and with the 
                proposed judgment and decree agreed to by the parties 
                to the agreement.</DELETED>
<DELETED>    (b) Expiration Date.--If all the conditions precedent 
described in subsection (a) have not been fulfilled to allow the 
Secretary's statement of findings to be published in the Federal 
Register by October 31, 2026--</DELETED>
        <DELETED>    (1) the agreement and this Act, including waivers 
        and releases of claims described in those documents, shall no 
        longer be effective;</DELETED>
        <DELETED>    (2) any funds that have been appropriated pursuant 
        to section 7 of this Act but not expended shall immediately 
        revert to the general fund of the United States; and</DELETED>
        <DELETED>    (3) any funds contributed by the State pursuant to 
        subsection (f)(2) of section 6 of this Act but not expended 
        shall be returned immediately to the State.</DELETED>
<DELETED>    (c) Extension.--The expiration date set forth in 
subsection (b) may be extended if the Navajo Nation, the State, and the 
United States (acting through the Secretary) agree that an extension is 
reasonably necessary.</DELETED>

<DELETED>SEC. 10. WAIVERS AND RELEASES.</DELETED>

<DELETED>    (a) Claims by the Navajo Nation and the United States.--In 
return for confirmation of the Navajo Nation's federally reserved water 
rights, the water rights or rights to use water of allottees in Utah, 
and other benefits set forth in the agreement and this Act, and in 
return for a waiver of claims by the State against the Nation and the 
United States acting in its trust capacity, the Nation and the United 
States acting in its trust capacity hereby waive and release--
</DELETED>
        <DELETED>    (1) all claims for water rights within Utah based 
        on any and all legal theories that the Navajo Nation, 
        allottees, or the United States acting in its trust capacity, 
        asserted, or could have asserted, at any time in any 
        proceeding, including to the general stream adjudication, up to 
        and including the enforceability date, except to the extent 
        that such rights are recognized in the agreement and this Act; 
        and</DELETED>
        <DELETED>    (2) all claims for damages, losses, or injuries to 
        water rights or claims of interference with, diversion, or 
        taking of water rights (including claims for injury to lands 
        resulting from such damages, losses, injuries, interference 
        with, diversion, or taking of water rights) within Utah against 
        the State, or any person, entity, corporation, or municipality, 
        that accrued at any time up to and including the enforceability 
        date.</DELETED>
<DELETED>    (b) Claims by the Navajo Nation Against the United 
States.--The Navajo Nation, on behalf of itself and its members (other 
than members in their individual capacity, including their capacity as 
allottees), shall execute a waiver and release of--</DELETED>
        <DELETED>    (1) all claims the Navajo Nation may have against 
        the United States relating in any manner to claims for water 
        rights in or water of Utah that the United States acting in its 
        trust capacity asserted, or could have asserted, in any 
        proceeding, including the general stream 
        adjudication;</DELETED>
        <DELETED>    (2) all claims the Navajo Nation may have against 
        the United States relating in any manner to damages, losses, or 
        injuries to water, water rights, land, or other resources due 
        to loss of water or water rights (including damages, losses, or 
        injuries to hunting, fishing, gathering, or cultural rights due 
        to loss of water or water rights; claims relating to 
        interference with, diversion, or taking of water; or claims 
        relating to failure to protect, acquire, replace, or develop 
        water or water rights) within Utah that first accrued at any 
        time up to and including the enforceability date;</DELETED>
        <DELETED>    (3) all claims the Nation may have against the 
        United States relating in any manner to the litigation of 
        claims relating to the Nation's water rights in proceedings in 
        Utah; and</DELETED>
        <DELETED>    (4) all claims the Nation may have against the 
        United States relating in any manner to the negotiation, 
        execution, or the adoption of the agreement or this 
        Act.</DELETED>
<DELETED>    (c) Claims by the State Against the Navajo Nation and the 
United States.--Except as provided in subsection (e), the State waives 
and releases any claims that the State may have against the Navajo 
Nation, allottees, and the United States acting in its trust capacity, 
under Federal, State, or other law for--</DELETED>
        <DELETED>    (1) all claims for injury to water rights 
        resulting from the diversion or use of water on or for--
        </DELETED>
                <DELETED>    (A) the Reservation;</DELETED>
                <DELETED>    (B) Navajo trust land in Utah;</DELETED>
                <DELETED>    (C) Navajo fee land in Utah; or</DELETED>
                <DELETED>    (D) allotments, arising from time 
                immemorial through the enforceability date;</DELETED>
        <DELETED>    (2) all claims for injury to water rights arising 
        after the enforceability date resulting from the diversion or 
        use of water on or for--</DELETED>
                <DELETED>    (A) the Navajo Reservation;</DELETED>
                <DELETED>    (B) Navajo trust land in Utah;</DELETED>
                <DELETED>    (C) Navajo fee land in Utah; or</DELETED>
                <DELETED>    (D) allotments, in a manner not in 
                violation of the agreement or applicable law; 
                and</DELETED>
        <DELETED>    (3) all claims arising out of or related in any 
        manner to the negotiation or execution of the agreement, or the 
        negotiation or enactment of this Act.</DELETED>
<DELETED>    (d) Reservation of Rights and Retention of Claims by the 
Navajo Nation and the United States.--Notwithstanding the waivers and 
releases authorized in this Act, the Navajo Nation, and the United 
States acting in its trust capacity, retain--</DELETED>
        <DELETED>    (1) all claims for injuries to and the enforcement 
        of the agreement and the final or interlocutory decree entered 
        in the general stream adjudication, through such legal and 
        equitable remedies as may be available in the decree court or 
        the Federal District Court for the District of Utah;</DELETED>
        <DELETED>    (2) all rights to use and protect water rights 
        acquired after the enforceability date;</DELETED>
        <DELETED>    (3) all claims relating to activities affecting 
        the quality of water, including any claims under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq. (including claims 
        for damages to natural resources)), the Safe Drinking Water Act 
        (42 U.S.C. 300f et seq.), and the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.), the regulations 
        implementing those Acts, and the common law;</DELETED>
        <DELETED>    (4) all claims for water rights, and claims for 
        injury to water rights, in States other than the State of 
        Utah;</DELETED>
        <DELETED>    (5) all claims, including environmental claims, 
        under any laws (including regulations and the common law) 
        relating to human health, safety, or the environment; 
        and</DELETED>
        <DELETED>    (6) all rights, remedies, privileges, immunities, 
        and powers not specifically waived and released pursuant to the 
        agreement and this Act.</DELETED>
<DELETED>    (e) Reservation of Rights and Retention of Claims by the 
State.--Notwithstanding the waivers of claims and releases described in 
this section, the State shall retain any right to--</DELETED>
        <DELETED>    (1) assert claims for the enforcement of the 
        agreement and the final or interlocutory decree entered in the 
        general stream adjudication, through such legal and equitable 
        remedies as may be available in the State decree court or the 
        Federal District Court for the District of Utah;</DELETED>
        <DELETED>    (2) assert claims for injury to, and seek 
        enforcement of, the State's rights under the judgment and 
        decree entered by the court in the general stream 
        adjudication;</DELETED>
        <DELETED>    (3) assert past, present, and future claims to 
        water that are subject to the general stream adjudication or 
        other applicable law, and that are not inconsistent with the 
        agreement;</DELETED>
        <DELETED>    (4) assert any claims for injury to water rights 
        not specifically waived herein; and</DELETED>
        <DELETED>    (5) take any action including environmental 
        actions, under any laws (including regulations and the common 
        law) relating to human health, safety, or the 
        environment.</DELETED>
<DELETED>    (f) Effect of Section.--Nothing in the agreement or this 
Act--</DELETED>
        <DELETED>    (1) affects the ability of the United States 
        acting in its sovereign capacity to take actions authorized by 
        law, including any laws relating to health, safety, or the 
        environment, including the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et 
        seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et 
        seq.), and the regulations implementing those laws;</DELETED>
        <DELETED>    (2) affects the ability of the United States to 
        take actions in its capacity as trustee for any other Indian 
        tribe or allottee;</DELETED>
        <DELETED>    (3) confers jurisdiction on any State court to--
        </DELETED>
                <DELETED>    (A) interpret Federal law regarding 
                health, safety, or the environment or determine the 
                duties of the United States or other parties pursuant 
                to such Federal law; and</DELETED>
                <DELETED>    (B) conduct judicial review of Federal 
                agency action; or</DELETED>
        <DELETED>    (4) modifies, conflicts with, preempts, or 
        otherwise affects--</DELETED>
                <DELETED>    (A) the Boulder Canyon Project Act (43 
                U.S.C. 617 et seq.);</DELETED>
                <DELETED>    (B) the Boulder Canyon Project Adjustment 
                Act (54 Stat. 774, chapter 643);</DELETED>
                <DELETED>    (C) the Act of April 11, 1956 (commonly 
                known as the ``Colorado River Storage Project Act'') 
                (43 U.S.C. 620 et seq.);</DELETED>
                <DELETED>    (D) the Act of September 30, 1968 
                (commonly known as the ``Colorado River Basin Project 
                Act'') (82 Stat. 885);</DELETED>
                <DELETED>    (E) the Treaty between the United States 
                of America and Mexico respecting utilization of waters 
                of the Colorado and Tijuana Rivers and of the Rio 
                Grande, signed at Washington February 3, 1944 (59 Stat. 
                1219);</DELETED>
                <DELETED>    (F) the Colorado River Compact of 1922, as 
                approved by the Presidential Proclamation of June 25, 
                1929 (46 Stat. 3000); and</DELETED>
                <DELETED>    (G) the Upper Colorado River Basin Compact 
                as consented to by the Act of April 6, 1949 (63 Stat. 
                31, chapter 48).</DELETED>
<DELETED>    (g) Tolling of Claims.--</DELETED>
        <DELETED>    (1) In general.--Each applicable period of 
        limitation and time-based equitable defense relating to a claim 
        described in this section shall be tolled for the period 
        beginning on the date of enactment of this Act and ending on 
        the enforceability date.</DELETED>
        <DELETED>    (2) Effect of subsection.--Nothing in this 
        subsection revives any claim or tolls any period of limitation 
        or time-based equitable defense that expired before the date of 
        enactment of this Act.</DELETED>
        <DELETED>    (3) Limitation.--Nothing in this section precludes 
        the tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.</DELETED>

<DELETED>SEC. 11. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (a) Precedent.--Nothing in this Act establishes any 
standard for the quantification or litigation of Federal reserved water 
rights or any other Indian water claims of any other Indian tribes in 
any other judicial or administrative proceeding.</DELETED>
<DELETED>    (b) Other Indian Tribes.--Nothing in the agreement or this 
Act shall be construed in any way to quantify or otherwise adversely 
affect the water rights, claims, or entitlements to water of any Indian 
tribe, band, or community, other than the Navajo Nation.</DELETED>

<DELETED>SEC. 12. AVAILABILITY OF FUNDS.</DELETED>

<DELETED>    If insufficient funds are appropriated to carry out this 
Act for a fiscal year, the Secretary may use to carry out this Act such 
amounts as are necessary from other amounts available to the Secretary 
for that fiscal year that are not otherwise obligated.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Navajo Utah Water Rights Settlement 
Act of 2018''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        all claims to water rights in the State of Utah for--
                    (A) the Navajo Nation; and
                    (B) the United States, for the benefit of the 
                Nation;
            (2) to authorize, ratify, and confirm the Agreement entered 
        into by the Nation and the State, to the extent that the 
        Agreement is consistent with this Act;
            (3) to authorize and direct the Secretary--
                    (A) to execute the Agreement; and
                    (B) to take any actions necessary to carry out the 
                agreement in accordance with this Act; and
            (4) to authorize funds necessary for the implementation of 
        the Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``agreement'' means--
                    (A) the document entitled ``Navajo Utah Water 
                Rights Settlement Agreement'' dated December 14, 2015, 
                and the exhibits attached thereto; and
                    (B) any amendment or exhibit to the document or 
                exhibits referenced in subparagraph (A) to make the 
                document or exhibits consistent with this Act.
            (2) Allotment.--The term ``allotment'' means a parcel of 
        land--
                    (A) granted out of the public domain that is--
                            (i) located within the exterior boundaries 
                        of the Reservation; or
                            (ii) Bureau of Indian Affairs parcel number 
                        792 634511 in San Juan County, Utah, consisting 
                        of 160 acres located in Township 41S, Range 
                        20E, sections 11, 12, and 14, originally set 
                        aside by the United States for the benefit of 
                        an individual identified in the allotting 
                        document as a Navajo Indian; and
                    (B) held in trust by the United States--
                            (i) for the benefit of an individual, 
                        individuals, or an Indian tribe other than the 
                        Navajo Nation; or
                            (ii) in part for the benefit of the Navajo 
                        Nation as of the enforceability date.
            (3) Allottee.--The term ``allottee'' means an individual or 
        Indian tribe with a beneficial interest in an allotment held in 
        trust by the United States.
            (4) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 8(a).
            (5) General stream adjudication.--The term ``general stream 
        adjudication'' means the adjudication pending, as of the date 
        of enactment, in the Seventh Judicial District in and for Grand 
        County, State of Utah, commonly known as the ``Southeastern 
        Colorado River General Adjudication'', Civil No. 810704477, 
        conducted pursuant to State law.
            (6) Injury to water rights.--The term ``injury to water 
        rights'' means an interference with, diminution of, or 
        deprivation of water rights under Federal or State law, 
        excluding injuries to water quality.
            (7) Member.--The term ``member'' means any person who is a 
        duly enrolled member of the Navajo Nation.
            (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
        ``Nation'' means a body politic and Federally recognized Indian 
        nation, as published on the list established under section 
        104(a) of the Federally Recognized Indian Tribe List Act of 
        1994 (25 U.S.C. 5131(a)), also known variously as the ``Navajo 
        Nation'', the ``Navajo Nation of Arizona, New Mexico, & Utah'', 
        and the ``Navajo Nation of Indians'' and other similar names, 
        and includes all bands of Navajo Indians and chapters of the 
        Navajo Nation and all divisions, agencies, officers, and agents 
        thereof.
            (9) Navajo water development projects.--The term ``Navajo 
        water development projects'' means projects for domestic 
        municipal water supply, including distribution infrastructure 
        and agricultural water conservation, to be constructed, in 
        whole or in part, using monies from the Navajo Water 
        Development Projects Account.
            (10) Navajo water rights.--The term ``Navajo water rights'' 
        means the Nation's water rights in Utah described in the 
        agreement and this Act.
            (11) OM&R.--The term ``OM&R'' means operation, maintenance, 
        and replacement.
            (12) Parties.--The term ``parties'' means the Navajo 
        Nation, the State, and the United States.
            (13) Reservation.--The term ``Reservation'' means, for 
        purposes of the agreement and this Act, the Reservation of the 
        Navajo Nation in Utah as in existence on the date of enactment 
        of this Act and depicted on the map attached to the agreement 
        as Exhibit A, including any parcel of land granted out of the 
        public domain and held in trust by the United States entirely 
        for the benefit of the Navajo Nation as of the enforceability 
        date.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the United States Department of the Interior or a duly 
        authorized representative thereof.
            (15) State.--The term ``State'' means the State of Utah and 
        all officers, agents, departments, and political subdivisions 
        thereof.
            (16) United states.--The term ``United States'' means the 
        United States of America and all departments, agencies, 
        bureaus, officers, and agents thereof.
            (17) United states acting in its trust capacity.--The term 
        ``United States acting in its trust capacity'' means the United 
        States acting for the benefit of the Navajo Nation or for the 
        benefit of allottees.

SEC. 4. RATIFICATION OF AGREEMENT.

    (a) Approval by Congress.--Except to the extent that any provision 
of the agreement conflicts with this Act, Congress approves, ratifies, 
and confirms the agreement (including any amendments to the agreement 
that are executed to make the agreement consistent with this Act).
    (b) Execution by Secretary.--The Secretary is authorized and 
directed to promptly execute the agreement to the extent that the 
agreement does not conflict with this Act, including--
            (1) any exhibits to the agreement requiring the signature 
        of the Secretary; and
            (2) any amendments to the agreement necessary to make the 
        agreement consistent with this Act.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the agreement and this 
        Act, the Secretary shall comply with all applicable provisions 
        of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (C) all other applicable environmental laws and 
                regulations.
            (2) Execution of the agreement.--Execution of the agreement 
        by the Secretary as provided for in this Act shall not 
        constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 5. NAVAJO WATER RIGHTS.

    (a) Confirmation of Navajo Water Rights.--
            (1) 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 and as confirmed in 
        the decree entered by the general stream adjudication court.
            (2) Satisfaction of allottee rights.--Depletions resulting 
        from the use of water on an allotment shall be accounted for as 
        a depletion by the Navajo Nation for purposes of depletion 
        accounting under the agreement, including recognition of--
                    (A) any water use existing on an allotment as of 
                the date of enactment of this Act and as subsequently 
                reflected in the hydrographic survey report referenced 
                in section 7(b);
                    (B) reasonable domestic and stock water uses put 
                into use on an allotment; and
                    (C) any allotment water rights that may be decreed 
                in the general stream adjudication or other appropriate 
                forum.
            (3) Satisfaction of on-reservation state law-based water 
        rights.--Depletions resulting from the use of water on the 
        Reservation pursuant to State law-based water rights existing 
        as of the date of enactment of this Act shall be accounted for 
        as depletions by the Navajo Nation for purposes of depletion 
        accounting under the agreement.
            (4) In general.--The Navajo water rights are ratified, 
        confirmed, and declared to be valid.
            (5) Use.--Any use of the Navajo water rights shall be 
        subject to the terms and conditions of the agreement and this 
        Act.
            (6) Conflict.--In the event of a conflict between the 
        agreement and this Act, the provisions of this Act shall 
        control.
    (b) Trust Status of Navajo Water Rights.--The Navajo water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Nation in accordance with the agreement and 
        this Act; and
            (2) shall not be subject to forfeiture or abandonment.
    (c) Authority of the Nation.--
            (1) In general.--The Nation shall have the authority to 
        allocate, distribute, and lease the Navajo water rights for any 
        use on the Reservation in accordance with the agreement, this 
        Act, and applicable tribal and Federal law.
            (2) Off-reservation use.--The Nation may allocate, 
        distribute, and lease the Navajo water rights for off-
        Reservation use in accordance with the agreement, subject to 
        the approval of the Secretary.
            (3) Allottee water rights.--The Nation shall not object in 
        the general stream adjudication or other applicable forum to 
        the quantification of reasonable domestic and stock water uses 
        on an allotment, and shall administer any water use on the 
        Reservation in accordance with applicable Federal law, 
        including recognition of--
                    (A) any water use existing on an allotment as of 
                the date of enactment of this Act and as subsequently 
                reflected in the hydrographic survey report referenced 
                in section 7(b);
                    (B) reasonable domestic and stock water uses on an 
                allotment; and
                    (C) any allotment water rights decreed in the 
                general stream adjudication or other appropriate forum.
    (d) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
            (1) authorizes any action by the Nation against the United 
        States under Federal, State, tribal, or local law; or
            (2) alters or affects the status of any action brought 
        pursuant to section 1491(a) of title 28, United States Code.

SEC. 6. NAVAJO TRUST ACCOUNTS.

    (a) Establishment.--The Secretary shall establish a trust fund, to 
be known as the ``Navajo Utah Settlement Trust Fund'' (referred to in 
this Act as the ``Trust Fund''), to be managed, invested, and 
distributed by the Secretary and to remain available until expended, 
consisting of the amounts deposited in the Trust Fund under subsection 
(c), together with any interest earned on those amounts, for the 
purpose of carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Trust Fund the 
following Accounts:
            (1) The Navajo Water Development Projects Account.
            (2) The Navajo OM&R Account.
    (c) Deposits.--The Secretary shall deposit in the Trust Fund 
Accounts--
            (1) in the Navajo Water Development Projects Account, the 
        amounts made available pursuant to section 7(a)(1); and
            (2) in the Navajo OM&R Account, the amount made available 
        pursuant to section 7(a)(2).
    (d) Management and Interest.--
            (1) Management.--Upon receipt and deposit of the funds into 
        the Trust Fund Accounts, the Secretary shall manage, invest, 
        and distribute all amounts in the Trust Fund in a manner that 
        is consistent with the investment authority of the Secretary 
        under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this section.
            (2) Investment earnings.--In addition to the deposits under 
        subsection (c), any investment earnings, including interest, 
        credited to amounts held in the Trust Fund are authorized to be 
        appropriated to be used in accordance with the uses described 
        in subsection (h).
    (e) Availability of Amounts.--Amounts appropriated to, and 
deposited in, the Trust Fund, including any investment earnings, shall 
be made available to the Nation by the Secretary beginning on the 
enforceability date and subject to the uses and restrictions set forth 
in this section.
    (f) Withdrawals.--
            (1) Withdrawals under the american indian trust fund 
        management reform act of 1994.--The Nation may withdraw any 
        portion of the funds in the Trust Fund on approval by the 
        Secretary of a tribal management plan submitted by the Nation 
        in accordance with the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                    (A) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
                management plan under this paragraph shall require that 
                the Nation shall spend all amounts withdrawn from the 
                Trust Fund and any investment earnings accrued through 
                the investments under the tribal management plan in 
                accordance with this Act.
                    (B) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce the tribal 
                management plan to ensure that amounts withdrawn by the 
                Nation from the Trust Fund under this paragraph are 
                used in accordance with this Act.
            (2) Withdrawals under expenditure plan.--The Nation may 
        submit to the Secretary a request to withdraw funds from the 
        Trust Fund pursuant to an approved expenditure plan.
                    (A) Requirements.--To be eligible to withdraw funds 
                under an expenditure plan under this paragraph, the 
                Nation shall submit to the Secretary for approval an 
                expenditure plan for any portion of the Trust Fund that 
                the Nation elects to withdraw pursuant to this 
                paragraph, subject to the condition that the funds 
                shall be used for the purposes described in this Act.
                    (B) Inclusions.--An expenditure plan under this 
                paragraph shall include a description of the manner and 
                purpose for which the amounts proposed to be withdrawn 
                from the Trust Fund will be used by the Nation, in 
                accordance with subsections (c) and (h).
                    (C) Approval.--On receipt of an expenditure plan 
                under this paragraph, the Secretary shall approve the 
                plan, if the Secretary determines that the plan--
                            (i) is reasonable;
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act; and
                            (iii) contains a schedule which described 
                        that tasks will be completed within 18 months 
                        of receipt of withdrawn amounts.
                    (D) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan to ensure that amounts disbursed under this 
                paragraph are used in accordance with this Act.
    (g) Effect of Title.--Nothing in this Act gives the Nation the 
right to judicial review of a determination of the Secretary regarding 
whether to approve a tribal management plan or an expenditure plan 
except under subchapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the ``Administrative Procedure 
Act'').
    (h) Uses.--Amounts from the Trust Fund shall be used by the Nation 
for the following purposes:
            (1) The Navajo Water Development Projects Account shall be 
        used to plan, design, and construct the Navajo water 
        development projects and for the conduct of related activities, 
        including to comply with Federal environmental laws.
            (2) The Navajo OM&R Account shall be used for the 
        operation, maintenance, and replacement of the Navajo water 
        development projects.
    (i) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Trust Fund by the Nation under subsection (f).
    (j) No Per Capita Distributions.--No portion of the Trust Fund 
shall be distributed on a per capita basis to any member of the Nation.
    (k) Expenditure Reports.--The Navajo Nation shall submit to the 
Secretary annually an expenditure report describing accomplishments and 
amounts spent from use of withdrawals under a tribal management plan or 
an expenditure plan as described in this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to the 
Secretary--
            (1) for deposit in the Navajo Water Development Projects 
        Account of the Trust Fund established under section 6(b)(1), 
        $198,300,000, which funds shall be retained until expended, 
        withdrawn, or reverted to the general fund of the Treasury; and
            (2) for deposit in the Navajo OM&R Account of the Trust 
        Fund established under section 6(b)(2), $11,100,000, which 
        funds shall be retained until expended, withdrawn, or reverted 
        to the general fund of the Treasury.
    (b) Implementation Costs.--There is authorized to be appropriated 
non-trust funds in the amount of $1,000,000 to assist the United States 
with costs associated with the implementation of the Act, including the 
preparation of a hydrographic survey of historic and existing water 
uses on the Reservation and on allotments.
    (c) State Cost Share.--The State shall contribute $8,000,000 
payable to the Secretary for deposit into the Navajo Water Development 
Projects Account of the Trust Fund established under section 6(b)(1) in 
installments in each of the 3 years following the execution of the 
agreement by the Secretary as provided for in subsection (b) of section 
4.
    (d) Fluctuation in Costs.--The amount authorized to be appropriated 
under subsection (a) shall be increased or decreased, as appropriate, 
by such amounts as may be justified by reason of ordinary fluctuations 
in costs occurring after the date of enactment of this Act as indicated 
by the Bureau of Reclamation Construction Cost Index--Composite Trend.
            (1) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (2) Period of indexing.--The period of indexing adjustment 
        for any increment of funding shall end on the date on which 
        funds are deposited into the Trust Fund.

SEC. 8. CONDITIONS PRECEDENT.

    (a) In General.--The waivers and release contained in section 9 of 
this Act shall become effective as of the date the Secretary causes to 
be published in the Federal Register a statement of findings that--
            (1) to the extent that the agreement conflicts with the 
        Act, the agreement has been revised to conform with this Act;
            (2) the agreement, so revised, including waivers and 
        releases of claims set forth in section 9, has been executed by 
        the parties, including the United States;
            (3) Congress has fully appropriated, or the Secretary has 
        provided from other authorized sources, all funds authorized 
        under subsection (a) of section 7;
            (4) the State has enacted any necessary legislation and 
        provided the funding required under the agreement and 
        subsection (c) of section 7; and
            (5) the court has entered a final or interlocutory decree 
        that--
                    (A) confirms the Navajo water rights consistent 
                with the agreement and this Act; and
                    (B) with respect to the Navajo water rights, is 
                final and nonappealable.
    (b) Expiration Date.--If all the conditions precedent described in 
subsection (a) have not been fulfilled to allow the Secretary's 
statement of findings to be published in the Federal Register by 
October 31, 2030--
            (1) the agreement and this Act, including waivers and 
        releases of claims described in those documents, shall no 
        longer be effective;
            (2) any funds that have been appropriated pursuant to 
        section 7 but not expended, including any investment earnings 
        on funds that have been appropriated pursuant to such section, 
        shall immediately revert to the general fund of the Treasury; 
        and
            (3) any funds contributed by the State pursuant to 
        subsection (c) of section 7 but not expended shall be returned 
        immediately to the State.
    (c) Extension.--The expiration date set forth in subsection (b) may 
be extended if the Navajo Nation, the State, and the United States 
(acting through the Secretary) agree that an extension is reasonably 
necessary.

SEC. 9. WAIVERS AND RELEASES.

    (a) In General.--
            (1) Waiver and release of claims by the nation and the 
        united states acting in its capacity as trustee for the 
        nation.--Subject to the retention of rights set forth in 
        subsection (c), in return for confirmation of the Navajo water 
        rights and other benefits set forth in the agreement and this 
        Act, the Nation, on behalf of itself and the members of the 
        Nation (other than members in their capacity as allottees), and 
        the United States, acting as trustee for the Nation and members 
        of the Nation (other than members in their capacity as 
        allottees), are authorized and directed to execute a waiver and 
        release of--
                    (A) all claims for water rights within Utah based 
                on any and all legal theories that the Navajo Nation or 
                the United States acting in its trust capacity for the 
                Nation, asserted, or could have asserted, at any time 
                in any proceeding, including to the general stream 
                adjudication, up to and including the enforceability 
                date, except to the extent that such rights are 
                recognized in the agreement and this Act; and
                    (B) all claims for damages, losses, or injuries to 
                water rights or claims of interference with, diversion, 
                or taking of water rights (including claims for injury 
                to lands resulting from such damages, losses, injuries, 
                interference with, diversion, or taking of water 
                rights) within Utah against the State, or any person, 
                entity, corporation, or municipality, that accrued at 
                any time up to and including the enforceability date.
    (b) Claims by the Navajo Nation Against the United States.--The 
Navajo Nation, on behalf of itself (including in its capacity as 
allottee) and its members (other than members in their capacity as 
allottees), shall execute a waiver and release of--
            (1) all claims the Navajo Nation may have against the 
        United States relating in any manner to claims for water rights 
        in, or water of, Utah that the United States acting in its 
        trust capacity for the Nation asserted, or could have asserted, 
        in any proceeding, including the general stream adjudication;
            (2) all claims the Navajo Nation may have against the 
        United States relating in any manner to damages, losses, or 
        injuries to water, water rights, land, or other resources due 
        to loss of water or water rights (including damages, losses, or 
        injuries to hunting, fishing, gathering, or cultural rights due 
        to loss of water or water rights; claims relating to 
        interference with, diversion, or taking of water; or claims 
        relating to failure to protect, acquire, replace, or develop 
        water or water rights) within Utah that first accrued at any 
        time up to and including the enforceability date;
            (3) all claims the Nation may have against the United 
        States relating in any manner to the litigation of claims 
        relating to the Nation's water rights in proceedings in Utah; 
        and
            (4) all claims the Nation may have against the United 
        States relating in any manner to the negotiation, execution, or 
        adoption of the agreement or this Act.
    (c) Reservation of Rights and Retention of Claims by the Navajo 
Nation and the United States.--Notwithstanding the waivers and releases 
authorized in this Act, the Navajo Nation, and the United States acting 
in its trust capacity for the Nation, retain--
            (1) all claims for injuries to and the enforcement of the 
        agreement and the final or interlocutory decree entered in the 
        general stream adjudication, through such legal and equitable 
        remedies as may be available in the decree court or the Federal 
        District Court for the District of Utah;
            (2) all rights to use and protect water rights acquired 
        after the enforceability date;
            (3) all claims relating to activities affecting the quality 
        of water, including any claims under the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq. (including claims for damages to 
        natural resources)), the Safe Drinking Water Act (42 U.S.C. 
        300f et seq.), and the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), the regulations implementing those Acts, 
        and the common law;
            (4) all claims for water rights, and claims for injury to 
        water rights, in states other than the State of Utah;
            (5) all claims, including environmental claims, under any 
        laws (including regulations and common law) relating to human 
        health, safety, or the environment; and
            (6) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to the 
        agreement and this Act.
    (d) Effect.--Nothing in the agreement or this Act--
            (1) affects the ability of the United States acting in its 
        sovereign capacity to take actions authorized by law, including 
        any laws relating to health, safety, or the environment, 
        including the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
        and the regulations implementing those laws;
            (2) affects the ability of the United States to take 
        actions in its capacity as trustee for any other Indian tribe 
        or allottee;
            (3) confers jurisdiction on any State court to--
                    (A) interpret Federal law regarding health, safety, 
                or the environment or determine the duties of the 
                United States or other parties pursuant to such Federal 
                law; and
                    (B) conduct judicial review of Federal agency 
                action; or
            (4) modifies, conflicts with, preempts, or otherwise 
        affects--
                    (A) the Boulder Canyon Project Act (43 U.S.C. 617 
                et seq.);
                    (B) the Boulder Canyon Project Adjustment Act (54 
                Stat. 774, chapter 643);
                    (C) the Act of April 11, 1956 (commonly known as 
                the ``Colorado River Storage Project Act'') (43 U.S.C. 
                620 et seq.);
                    (D) the Act of September 30, 1968 (commonly known 
                as the ``Colorado River Basin Project Act'') (82 Stat. 
                885);
                    (E) the Treaty between the United States of America 
                and Mexico respecting utilization of waters of the 
                Colorado and Tijuana Rivers and of the Rio Grande, 
                signed at Washington February 3, 1944 (59 Stat. 1219);
                    (F) the Colorado River Compact of 1922, as approved 
                by the Presidential Proclamation of June 25, 1929 (46 
                Stat. 3000); and
                    (G) the Upper Colorado River Basin Compact as 
                consented to by the Act of April 6, 1949 (63 Stat. 31, 
                chapter 48).
    (e) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim waived by the 
        Navajo Nation described in this section shall be tolled for the 
        period beginning on the date of enactment of this Act and 
        ending on the enforceability date.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.

SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) Precedent.--Nothing in this Act establishes any standard for 
the quantification or litigation of Federal reserved water rights or 
any other Indian water claims of any other Indian tribe in any other 
judicial or administrative proceeding.
    (b) Other Indian Tribes.--Nothing in the agreement or this Act 
shall be construed in any way to quantify or otherwise adversely affect 
the water rights, claims, or entitlements to water of any Indian tribe, 
band, or community, other than the Navajo Nation.

SEC. 11. RELATION TO ALLOTTEES.

    (a) No Effect on Claims of Allottees.--Nothing in this Act or the 
agreement shall affect the rights or claims of allottees, or the United 
States, acting in its capacity as trustee for or on behalf of 
allottees, for water rights or damages related to lands allotted by the 
United States to allottees, except as provided in section 5(a)(2).
    (b) Relationship of Decree to Allottees.--Allottees, or the United 
States, acting in its capacity as trustee for allottees, are not bound 
by any decree entered in the general stream adjudication confirming the 
Navajo water rights and shall not be precluded from making claims to 
water rights in the general stream adjudication. Allottees, or the 
United States, acting in its capacity for allottees, may make claims 
and such claims may be adjudicated as individual water rights in the 
general stream adjudication.

SEC. 12. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this Act (including any 
obligation or activity under the agreement) if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act.
            Amend the title so as to read: ``A bill to approve the 
        settlement of the water rights claims of the Navajo Nation in 
        Utah, and for other purposes.''.
                                                       Calendar No. 706

115th CONGRESS

  2d Session

                                 S. 664

                          [Report No. 115-401]

_______________________________________________________________________

                                 A BILL

  To approve the settlement of the water rights claims of the Navajo 
  Nation in Utah, to authorize construction of projects in connection 
                   therewith, and for other purposes.

_______________________________________________________________________

                           November 29, 2018

        Reported with an amendment and an amendment to the title
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