II 

116TH CONGRESS 

1ST SESSION S. 1207 

To approve the settlement of the water rights claims of the Navajo Nation 

in Utah, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2019 

Mr. ROMNEY (for himself, Ms. SINEMA, and Ms. MCSALLY) introduced the 

following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To approve the settlement of the water rights claims of 

the Navajo Nation in Utah, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Navajo Utah Water 

5 Rights Settlement Act of 2019’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to achieve a fair, equitable, and final settle9 ment of all claims to water rights in the State of 

10 Utah for— 


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1 (A) the Navajo Nation; and 

2 (B) the United States, for the benefit of 

3 the Nation; 

4 (2) to authorize, ratify, and confirm the Agree5 ment entered into by the Nation and the State, to 

6 the extent that the Agreement is consistent with this 

7 Act; 

8 (3) to authorize and direct the Secretary— 

9 (A) to execute the Agreement; and 

10 (B) to take any actions necessary to carry 

11 out the agreement in accordance with this Act; 

12 and 

13 (4) to authorize funds necessary for the imple14 mentation of the Agreement and this Act. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) AGREEMENT.—The term ‘‘agreement’’ 

18 means— 

19 (A) the document entitled ‘‘Navajo Utah 

20 Water Rights Settlement Agreement’’ dated De21 cember 14, 2015, and the exhibits attached 

22 thereto; and 

23 (B) any amendment or exhibit to the docu24 ment or exhibits referenced in subparagraph 


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1 (A) to make the document or exhibits consistent 

2 with this Act. 

3 (2) ALLOTMENT.—The term ‘‘allotment’’ means 

4 a parcel of land— 

5 (A) granted out of the public domain that 

6 is— 

7 (i) located within the exterior bound8 aries of the Reservation; or 

9 (ii) Bureau of Indian Affairs parcel 

10 number 792 634511 in San Juan County, 

11 Utah, consisting of 160 acres located in 

12 Township 41S, Range 20E, sections 11, 

13 12, and 14, originally set aside by the 

14 United States for the benefit of an indi15 vidual identified in the allotting document 

16 as a Navajo Indian; and 

17 (B) held in trust by the United States— 

18 (i) for the benefit of an individual, in19 dividuals, or an Indian Tribe other than 

20 the Navajo Nation; or 

21 (ii) in part for the benefit of the Nav22 ajo Nation as of the enforceability date. 

23 (3) ALLOTTEE.—The term ‘‘allottee’’ means an 

24 individual or Indian Tribe with a beneficial interest 

25 in an allotment held in trust by the United States. 


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1 (4) ENFORCEABILITY DATE.—The term ‘‘en2 forceability date’’ means the date on which the Sec3 retary publishes in the Federal Register the state4 ment of findings described in section 8(a). 

5 (5) GENERAL STREAM ADJUDICATION.—The 

6 term ‘‘general stream adjudication’’ means the adju7 dication pending, as of the date of enactment, in the 

8 Seventh Judicial District in and for Grand County, 

9 State of Utah, commonly known as the ‘‘South10 eastern Colorado River General Adjudication’’, Civil 

11 No. 810704477, conducted pursuant to State law. 

12 (6) INJURY TO WATER RIGHTS.—The term ‘‘in13 jury to water rights’’ means an interference with, 

14 diminution of, or deprivation of water rights under 

15 Federal or State law, excluding injuries to water 

16 quality. 

17 (7) MEMBER.—The term ‘‘member’’ means any 

18 person who is a duly enrolled member of the Navajo 

19 Nation. 

20 (8) NAVAJO NATION OR NATION.—The term 

21 ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body politic 

22 and federally recognized Indian nation, as published 

23 on the list established under section 104(a) of the 

24 Federally Recognized Indian Tribe List Act of 1994 

25 (25 U.S.C. 5131(a)), also known variously as the 


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1 ‘‘Navajo Nation’’, the ‘‘Navajo Nation of Arizona, 

2 New Mexico, & Utah’’, and the ‘‘Navajo Nation of 

3 Indians’’ and other similar names, and includes all 

4 bands of Navajo Indians and chapters of the Navajo 

5 Nation and all divisions, agencies, officers, and 

6 agents thereof. 

7 (9) NAVAJO WATER DEVELOPMENT

8 PROJECTS.—The term ‘‘Navajo water development 

9 projects’’ means projects for domestic municipal 

10 water supply, including distribution infrastructure, 

11 and agricultural water conservation, to be con12 structed, in whole or in part, using monies from the 

13 Navajo Water Development Projects Account. 

14 (10) NAVAJO WATER RIGHTS.—The term ‘‘Nav15 ajo water rights’’ means the Nation’s water rights in 

16 Utah described in the agreement and this Act. 

17 (11) OM&R.—The term ‘‘OM&R’’ means oper18 ation, maintenance, and replacement. 

19 (12) PARTIES.—The term ‘‘parties’’ means the 

20 Navajo Nation, the State, and the United States. 

21 (13) RESERVATION.—The term ‘‘Reservation’’ 

22 means, for purposes of the agreement and this Act, 

23 the Reservation of the Navajo Nation in Utah as in 

24 existence on the date of enactment of this Act and 

25 depicted on the map attached to the agreement as 


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1 Exhibit A, including any parcel of land granted out 

2 of the public domain and held in trust by the United 

3 States entirely for the benefit of the Navajo Nation 

4 as of the enforceability date. 

5 (14) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of the United States Depart7 ment of the Interior or a duly authorized representa8 tive thereof. 

9 (15) STATE.—The term ‘‘State’’ means the 

10 State of Utah and all officers, agents, departments, 

11 and political subdivisions thereof. 

12 (16) UNITED STATES.—The term ‘‘United 

13 States’’ means the United States of America and all 

14 departments, agencies, bureaus, officers, and agents 

15 thereof. 

16 (17) UNITED STATES ACTING IN ITS TRUST CA17 PACITY.—The term ‘‘United States acting in its 

18 trust capacity’’ means the United States acting for 

19 the benefit of the Navajo Nation or for the benefit 

20 of allottees. 

21 SEC. 4. RATIFICATION OF AGREEMENT. 

22 (a) APPROVAL BY CONGRESS.—Except to the extent 

23 that any provision of the agreement conflicts with this Act, 

24 Congress approves, ratifies, and confirms the agreement 


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1 (including any amendments to the agreement that are exe2 cuted to make the agreement consistent with this Act). 

3 (b) EXECUTION BY SECRETARY.—The Secretary is 

4 authorized and directed to promptly execute the agree5 ment to the extent that the agreement does not conflict 

6 with this Act, including— 

7 (1) any exhibits to the agreement requiring the 

8 signature of the Secretary; and 

9 (2) any amendments to the agreement nec10 essary to make the agreement consistent with this 

11 Act. 

12 (c) ENVIRONMENTAL COMPLIANCE.— 

13 (1) IN GENERAL.—In implementing the agree14 ment and this Act, the Secretary shall comply with 

15 all applicable provisions of— 

16 (A) the Endangered Species Act of 1973 

17 (16 U.S.C. 1531 et seq.); 

18 (B) the National Environmental Policy Act 

19 of 1969 (42 U.S.C. 4321 et seq.); and 

20 (C) all other applicable environmental laws 

21 and regulations. 

22 (2) EXECUTION OF THE AGREEMENT.—Execu23 tion of the agreement by the Secretary as provided 

24 for in this Act shall not constitute a major Federal 


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1 action under the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.). 

3 SEC. 5. NAVAJO WATER RIGHTS. 

4 (a) CONFIRMATION OF NAVAJO WATER RIGHTS.— 

5 (1) QUANTIFICATION.—The Navajo Nation 

6 shall have the right to use water from water sources 

7 located within Utah and adjacent to or encompassed 

8 within the boundaries of the Reservation resulting in 

9 depletions not to exceed 81,500 acre-feet annually as 

10 described in the agreement and as confirmed in the 

11 decree entered by the general stream adjudication 

12 court. 

13 (2) SATISFACTION OF ALLOTTEE RIGHTS.—De14 pletions resulting from the use of water on an allot15 ment shall be accounted for as a depletion by the 

16 Navajo Nation for purposes of depletion accounting 

17 under the agreement, including recognition of— 

18 (A) any water use existing on an allotment 

19 as of the date of enactment of this Act and as 

20 subsequently reflected in the hydrographic sur21 vey report referenced in section 7(b); 

22 (B) reasonable domestic and stock water 

23 uses put into use on an allotment; and 


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1 (C) any allotment water rights that may be 

2 decreed in the general stream adjudication or 

3 other appropriate forum. 

4 (3) SATISFACTION OF ON-RESERVATION STATE

5 LAW-BASED WATER RIGHTS.—Depletions resulting 

6 from the use of water on the Reservation pursuant 

7 to State law-based water rights existing as of the 

8 date of enactment of this Act shall be accounted for 

9 as depletions by the Navajo Nation for purposes of 

10 depletion accounting under the agreement. 

11 (4) IN GENERAL.—The Navajo water rights are 

12 ratified, confirmed, and declared to be valid. 

13 (5) USE.—Any use of the Navajo water rights 

14 shall be subject to the terms and conditions of the 

15 agreement and this Act. 

16 (6) CONFLICT.—In the event of a conflict be17 tween the agreement and this Act, the provisions of 

18 this Act shall control. 

19 (b) TRUST STATUS OF NAVAJO WATER RIGHTS.— 

20 The Navajo water rights— 

21 (1) shall be held in trust by the United States 

22 for the use and benefit of the Nation in accordance 

23 with the agreement and this Act; and 

24 (2) shall not be subject to forfeiture or aban25 donment. 


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1 (c) AUTHORITY OF THE NATION.— 

2 (1) IN GENERAL.—The Nation shall have the 

3 authority to allocate, distribute, and lease the Nav4 ajo water rights for any use on the Reservation in 

5 accordance with the agreement, this Act, and appli6 cable Tribal and Federal law. 

7 (2) OFF-RESERVATION USE.—The Nation may 

8 allocate, distribute, and lease the Navajo water 

9 rights for off-Reservation use in accordance with the 

10 agreement, subject to the approval of the Secretary. 

11 (3) ALLOTTEE WATER RIGHTS.—The Nation 

12 shall not object in the general stream adjudication 

13 or other applicable forum to the quantification of 

14 reasonable domestic and stock water uses on an al15 lotment, and shall administer any water use on the 

16 Reservation in accordance with applicable Federal 

17 law, including recognition of— 

18 (A) any water use existing on an allotment 

19 as of the date of enactment of this Act and as 

20 subsequently reflected in the hydrographic sur21 vey report referenced in section 7(b); 

22 (B) reasonable domestic and stock water 

23 uses on an allotment; and 


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1 (C) any allotment water rights decreed in 

2 the general stream adjudication or other appro3 priate forum. 

4 (d) EFFECT.—Except as otherwise expressly provided 

5 in this section, nothing in this Act— 

6 (1) authorizes any action by the Nation against 

7 the United States under Federal, State, Tribal, or 

8 local law; or 

9 (2) alters or affects the status of any action 

10 brought pursuant to section 1491(a) of title 28, 

11 United States Code. 

12 SEC. 6. NAVAJO TRUST ACCOUNTS. 

13 (a) ESTABLISHMENT.—The Secretary shall establish 

14 a trust fund, to be known as the ‘‘Navajo Utah Settlement 

15 Trust Fund’’ (referred to in this Act as the ‘‘Trust 

16 Fund’’), to be managed, invested, and distributed by the 

17 Secretary and to remain available until expended, con18 sisting of the amounts deposited in the Trust Fund under 

19 subsection (c), together with any interest earned on those 

20 amounts, for the purpose of carrying out this Act. 

21 (b) ACCOUNTS.—The Secretary shall establish in the 

22 Trust Fund the following Accounts: 

23 (1) The Navajo Water Development Projects 

24 Account. 

25 (2) The Navajo OM&R Account. 


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1 (c) DEPOSITS.—The Secretary shall deposit in the 

2 Trust Fund Accounts— 

3 (1) in the Navajo Water Development Projects 

4 Account, the amounts made available pursuant to 

5 section 7(a)(1); and 

6 (2) in the Navajo OM&R Account, the amount 

7 made available pursuant to section 7(a)(2). 

8 (d) MANAGEMENT AND INTEREST.— 

9 (1) MANAGEMENT.—Upon receipt and deposit 

10 of the funds into the Trust Fund Accounts, the Sec11 retary shall manage, invest, and distribute all 

12 amounts in the Trust Fund in a manner that is con13 sistent with the investment authority of the Sec14 retary under— 

15 (A) the first section of the Act of June 24, 

16 1938 (25 U.S.C. 162a); 

17 (B) the American Indian Trust Fund Man18 agement Reform Act of 1994 (25 U.S.C. 4001 

19 et seq.); and 

20 (C) this section. 

21 (2) INVESTMENT EARNINGS.—In addition to 

22 the deposits under subsection (c), any investment 

23 earnings, including interest, credited to amounts 

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1 priated to be used in accordance with the uses de2 scribed in subsection (h). 

3 (e) AVAILABILITY OF AMOUNTS.—Amounts appro4 priated to, and deposited in, the Trust Fund, including 

5 any investment earnings, shall be made available to the 

6 Nation by the Secretary beginning on the enforceability 

7 date and subject to the uses and restrictions set forth in 

8 this section. 

9 (f) WITHDRAWALS.— 

10 (1) WITHDRAWALS UNDER THE AMERICAN IN11 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

12 1994.—The Nation may withdraw any portion of the 

13 funds in the Trust Fund on approval by the Sec14 retary of a tribal management plan submitted by the 

15 Nation in accordance with the American Indian 

16 Trust Fund Management Reform Act of 1994 (25 

17 U.S.C. 4001 et seq.). 

18 (A) REQUIREMENTS.—In addition to the 

19 requirements under the American Indian Trust 

20 Fund Management Reform Act of 1994 (25 

21 U.S.C. 4001 et seq.), the Tribal management 

22 plan under this paragraph shall require that the 

23 Nation shall spend all amounts withdrawn from 

24 the Trust Fund and any investment earnings 

25 accrued through the investments under the 


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1 Tribal management plan in accordance with 

2 this Act. 

3 (B) ENFORCEMENT.—The Secretary may 

4 carry out such judicial and administrative ac5 tions as the Secretary determines to be nec6 essary to enforce the Tribal management plan 

7 to ensure that amounts withdrawn by the Na8 tion from the Trust Fund under this paragraph 

9 are used in accordance with this Act. 

10 (2) WITHDRAWALS UNDER EXPENDITURE

11 PLAN.—The Nation may submit to the Secretary a 

12 request to withdraw funds from the Trust Fund pur13 suant to an approved expenditure plan. 

14 (A) REQUIREMENTS.—To be eligible to 

15 withdraw funds under an expenditure plan 

16 under this paragraph, the Nation shall submit 

17 to the Secretary for approval an expenditure 

18 plan for any portion of the Trust Fund that the 

19 Nation elects to withdraw pursuant to this 

20 paragraph, subject to the condition that the 

21 funds shall be used for the purposes described 

22 in this Act. 

23 (B) INCLUSIONS.—An expenditure plan 

24 under this paragraph shall include a description 

25 of the manner and purpose for which the 


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1 amounts proposed to be withdrawn from the 

2 Trust Fund will be used by the Nation, in ac3 cordance with subsections (c) and (h). 

4 (C) APPROVAL.—On receipt of an expendi5 ture plan under this paragraph, the Secretary 

6 shall approve the plan, if the Secretary deter7 mines that the plan— 

8 (i) is reasonable; 

9 (ii) is consistent with, and will be used 

10 for, the purposes of this Act; and 

11 (iii) contains a schedule which de12 scribed that tasks will be completed within 

13 18 months of receipt of withdrawn 

14 amounts. 

15 (D) ENFORCEMENT.—The Secretary may 

16 carry out such judicial and administrative ac17 tions as the Secretary determines to be nec18 essary to enforce an expenditure plan to ensure 

19 that amounts disbursed under this paragraph 

20 are used in accordance with this Act. 

21 (g) EFFECT OF TITLE.—Nothing in this Act gives 

22 the Nation the right to judicial review of a determination 

23 of the Secretary regarding whether to approve a Tribal 

24 management plan or an expenditure plan except under 

25 subchapter II of chapter 5, and chapter 7, of title 5, 


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1 United States Code (commonly known as the ‘‘Administra2 tive Procedure Act’’). 

3 (h) USES.—Amounts from the Trust Fund shall be 

4 used by the Nation for the following purposes: 

5 (1) The Navajo Water Development Projects 

6 Account shall be used to plan, design, and construct 

7 the Navajo water development projects and for the 

8 conduct of related activities, including to comply 

9 with Federal environmental laws. 

10 (2) The Navajo OM&R Account shall be used 

11 for the operation, maintenance, and replacement of 

12 the Navajo water development projects. 

13 (i) LIABILITY.—The Secretary and the Secretary of 

14 the Treasury shall not be liable for the expenditure or in15 vestment of any amounts withdrawn from the Trust Fund 

16 by the Nation under subsection (f). 

17 (j) NO PER CAPITA DISTRIBUTIONS.—No portion of 

18 the Trust Fund shall be distributed on a per capita basis 

19 to any member of the Nation. 

20 (k) EXPENDITURE REPORTS.—The Navajo Nation 

21 shall submit to the Secretary annually an expenditure re22 port describing accomplishments and amounts spent from 

23 use of withdrawals under a Tribal management plan or 

24 an expenditure plan as described in this Act. 


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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION.—There are authorized to be ap3 propriated to the Secretary— 

4 (1) for deposit in the Navajo Water Develop5 ment Projects Account of the Trust Fund estab6 lished under section 6(b)(1), $198,300,000, which 

7 funds shall be retained until expended, withdrawn, 

8 or reverted to the general fund of the Treasury; and 

9 (2) for deposit in the Navajo OM&R Account of 

10 the Trust Fund established under section 6(b)(2), 

11 $11,100,000, which funds shall be retained until ex12 pended, withdrawn, or reverted to the general fund 

13 of the Treasury. 

14 (b) IMPLEMENTATION COSTS.—There is authorized 

15 to be appropriated non-trust funds in the amount of 

16 $1,000,000 to assist the United States with costs associ17 ated with the implementation of the Act, including the 

18 preparation of a hydrographic survey of historic and exist19 ing water uses on the Reservation and on allotments. 

20 (c) STATE COST SHARE.—The State shall contribute 

21 $8,000,000 payable to the Secretary for deposit into the 

22 Navajo Water Development Projects Account of the Trust 

23 Fund established under section 6(b)(1) in installments in 

24 each of the 3 years following the execution of the agree25 ment by the Secretary as provided for in subsection (b) 

26 of section 4. 


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1 (d) FLUCTUATION IN COSTS.—The amount author2 ized to be appropriated under subsection (a) shall be in3 creased or decreased, as appropriate, by such amounts as 

4 may be justified by reason of ordinary fluctuations in costs 

5 occurring after the date of enactment of this Act as indi6 cated by the Bureau of Reclamation Construction Cost 

7 Index—Composite Trend. 

8 (1) REPETITION.—The adjustment process 

9 under this subsection shall be repeated for each sub10 sequent amount appropriated until the amount au11 thorized, as adjusted, has been appropriated. 

12 (2) PERIOD OF INDEXING.—The period of in13 dexing adjustment for any increment of funding 

14 shall end on the date on which funds are deposited 

15 into the Trust Fund. 

16 SEC. 8. CONDITIONS PRECEDENT. 

17 (a) IN GENERAL.—The waivers and release contained 

18 in section 9 of this Act shall become effective as of the 

19 date the Secretary causes to be published in the Federal 

20 Register a statement of findings that— 

21 (1) to the extent that the agreement conflicts 

22 with the Act, the agreement has been revised to con23 form with this Act; 

24 (2) the agreement, so revised, including waivers 

25 and releases of claims set forth in section 9, has 


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1 been executed by the parties, including the United 

2 States; 

3 (3) Congress has fully appropriated, or the Sec4 retary has provided from other authorized sources, 

5 all funds authorized under subsection (a) of section 

6 7; 

7 (4) the State has enacted any necessary legisla8 tion and provided the funding required under the 

9 agreement and subsection (c) of section 7; and 

10 (5) the court has entered a final or interlocu11 tory decree that— 

12 (A) confirms the Navajo water rights con13 sistent with the agreement and this Act; and 

14 (B) with respect to the Navajo water 

15 rights, is final and nonappealable. 

16 (b) EXPIRATION DATE.—If all the conditions prece17 dent described in subsection (a) have not been fulfilled to 

18 allow the Secretary’s statement of findings to be published 

19 in the Federal Register by October 31, 2030— 

20 (1) the agreement and this Act, including waiv21 ers and releases of claims described in those docu22 ments, shall no longer be effective; 

23 (2) any funds that have been appropriated pur24 suant to section 7 but not expended, including any 

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1 priated pursuant to such section, shall immediately 

2 revert to the general fund of the Treasury; and 

3 (3) any funds contributed by the State pursu4 ant to subsection (c) of section 7 but not expended 

5 shall be returned immediately to the State. 

6 (c) EXTENSION.—The expiration date set forth in 

7 subsection (b) may be extended if the Navajo Nation, the 

8 State, and the United States (acting through the Sec9 retary) agree that an extension is reasonably necessary. 

10 SEC. 9. WAIVERS AND RELEASES. 

11 (a) IN GENERAL.— 

12 (1) WAIVER AND RELEASE OF CLAIMS BY THE

13 NATION AND THE UNITED STATES ACTING IN ITS

14 CAPACITY AS TRUSTEE FOR THE NATION.—Subject 

15 to the retention of rights set forth in subsection (c), 

16 in return for confirmation of the Navajo water 

17 rights and other benefits set forth in the agreement 

18 and this Act, the Nation, on behalf of itself and the 

19 members of the Nation (other than members in their 

20 capacity as allottees), and the United States, acting 

21 as trustee for the Nation and members of the Na22 tion (other than members in their capacity as 

23 allottees), are authorized and directed to execute a 

24 waiver and release of— 


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1 (A) all claims for water rights within Utah 

2 based on any and all legal theories that the 

3 Navajo Nation or the United States acting in 

4 its trust capacity for the Nation, asserted, or 

5 could have asserted, at any time in any pro6 ceeding, including to the general stream adju7 dication, up to and including the enforceability 

8 date, except to the extent that such rights are 

9 recognized in the agreement and this Act; and 

10 (B) all claims for damages, losses, or inju11 ries to water rights or claims of interference 

12 with, diversion, or taking of water rights (in13 cluding claims for injury to lands resulting from 

14 such damages, losses, injuries, interference 

15 with, diversion, or taking of water rights) with16 in Utah against the State, or any person, enti17 ty, corporation, or municipality, that accrued at 

18 any time up to and including the enforceability 

19 date. 

20 (b) CLAIMS BY THE NAVAJO NATION AGAINST THE

21 UNITED STATES.—The Navajo Nation, on behalf of itself 

22 (including in its capacity as allottee) and its members 

23 (other than members in their capacity as allottees), shall 

24 execute a waiver and release of— 


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1 (1) all claims the Navajo Nation may have 

2 against the United States relating in any manner to 

3 claims for water rights in, or water of, Utah that the 

4 United States acting in its trust capacity for the Na5 tion asserted, or could have asserted, in any pro6 ceeding, including the general stream adjudication; 

7 (2) all claims the Navajo Nation may have 

8 against the United States relating in any manner to 

9 damages, losses, or injuries to water, water rights, 

10 land, or other resources due to loss of water or 

11 water rights (including damages, losses, or injuries 

12 to hunting, fishing, gathering, or cultural rights due 

13 to loss of water or water rights; claims relating to 

14 interference with, diversion, or taking of water; or 

15 claims relating to failure to protect, acquire, replace, 

16 or develop water or water rights) within Utah that 

17 first accrued at any time up to and including the en18 forceability date; 

19 (3) all claims the Nation may have against the 

20 United States relating in any manner to the litiga21 tion of claims relating to the Nation’s water rights 

22 in proceedings in Utah; and 

23 (4) all claims the Nation may have against the 

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1 tion, execution, or adoption of the agreement or this 

2 Act. 

3 (c) RESERVATION OF RIGHTS AND RETENTION OF

4 CLAIMS BY THE NAVAJO NATION AND THE UNITED

5 STATES.—Notwithstanding the waivers and releases au6 thorized in this Act, the Navajo Nation, and the United 

7 States acting in its trust capacity for the Nation, retain— 

8 (1) all claims for injuries to and the enforce9 ment of the agreement and the final or interlocutory 

10 decree entered in the general stream adjudication, 

11 through such legal and equitable remedies as may be 

12 available in the decree court or the Federal District 

13 Court for the District of Utah; 

14 (2) all rights to use and protect water rights ac15 quired after the enforceability date; 

16 (3) all claims relating to activities affecting the 

17 quality of water, including any claims under the 

18 Comprehensive Environmental Response, Compensa19 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

20 seq. (including claims for damages to natural re21 sources)), the Safe Drinking Water Act (42 U.S.C. 

22 300f et seq.), and the Federal Water Pollution Con23 trol Act (33 U.S.C. 1251 et seq.), the regulations 

24 implementing those Acts, and the common law; 


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1 (4) all claims for water rights, and claims for 

2 injury to water rights, in states other than the State 

3 of Utah; 

4 (5) all claims, including environmental claims, 

5 under any laws (including regulations and common 

6 law) relating to human health, safety, or the envi7 ronment; and 

8 (6) all rights, remedies, privileges, immunities, 

9 and powers not specifically waived and released pur10 suant to the agreement and this Act. 

11 (d) EFFECT.—Nothing in the agreement or this 

12 Act— 

13 (1) affects the ability of the United States act14 ing in its sovereign capacity to take actions author15 ized by law, including any laws relating to health, 

16 safety, or the environment, including the Com17 prehensive Environmental Response, Compensation, 

18 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

19 the Safe Drinking Water Act (42 U.S.C. 300f et 

20 seq.), the Federal Water Pollution Control Act (33 

21 U.S.C. 1251 et seq.), the Solid Waste Disposal Act 

22 (42 U.S.C. 6901 et seq.), and the regulations imple23 menting those laws; 


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1 (2) affects the ability of the United States to 

2 take actions in its capacity as trustee for any other 

3 Indian Tribe or allottee; 

4 (3) confers jurisdiction on any State court to— 

5 (A) interpret Federal law regarding health, 

6 safety, or the environment or determine the du7 ties of the United States or other parties pursu8 ant to such Federal law; and 

9 (B) conduct judicial review of Federal 

10 agency action; or 

11 (4) modifies, conflicts with, preempts, or other12 wise affects— 

13 (A) the Boulder Canyon Project Act (43 

14 U.S.C. 617 et seq.); 

15 (B) the Boulder Canyon Project Adjust16 ment Act (43 U.S.C. 618 et seq.); 

17 (C) the Act of April 11, 1956 (commonly 

18 known as the ‘‘Colorado River Storage Project 

19 Act’’) (43 U.S.C. 620 et seq.); 

20 (D) the Colorado River Basin Project Act 

21 (43 U.S.C. 1501 et seq.); 

22 (E) the Treaty between the United States 

23 of America and Mexico respecting utilization of 

24 waters of the Colorado and Tijuana Rivers and 


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•S 1207 IS

1 of the Rio Grande, signed at Washington Feb2 ruary 3, 1944 (59 Stat. 1219); 

3 (F) the Colorado River Compact of 1922, 

4 as approved by the Presidential Proclamation of 

5 June 25, 1929 (46 Stat. 3000); and 

6 (G) the Upper Colorado River Basin Com7 pact as consented to by the Act of April 6, 

8 1949 (63 Stat. 31, chapter 48). 

9 (e) TOLLING OF CLAIMS.— 

10 (1) IN GENERAL.—Each applicable period of 

11 limitation and time-based equitable defense relating 

12 to a claim waived by the Navajo Nation described in 

13 this section shall be tolled for the period beginning 

14 on the date of enactment of this Act and ending on 

15 the enforceability date. 

16 (2) EFFECT OF SUBSECTION.—Nothing in this 

17 subsection revives any claim or tolls any period of 

18 limitation or time-based equitable defense that ex19 pired before the date of enactment of this Act. 

20 (3) LIMITATION.—Nothing in this section pre21 cludes the tolling of any period of limitations or any 

22 time-based equitable defense under any other appli23 cable law. 


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1 SEC. 10. MISCELLANEOUS PROVISIONS. 

2 (a) PRECEDENT.—Nothing in this Act establishes 

3 any standard for the quantification or litigation of Federal 

4 reserved water rights or any other Indian water claims of 

5 any other Indian Tribe in any other judicial or administra6 tive proceeding. 

7 (b) OTHER INDIAN TRIBES.—Nothing in the agree8 ment or this Act shall be construed in any way to quantify 

9 or otherwise adversely affect the water rights, claims, or 

10 entitlements to water of any Indian Tribe, band, or com11 munity, other than the Navajo Nation. 

12 SEC. 11. RELATION TO ALLOTTEES. 

13 (a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth14 ing in this Act or the agreement shall affect the rights 

15 or claims of allottees, or the United States, acting in its 

16 capacity as trustee for or on behalf of allottees, for water 

17 rights or damages related to lands allotted by the United 

18 States to allottees, except as provided in section 5(a)(2). 

19 (b) RELATIONSHIP OF DECREE TO ALLOTTEES.— 

20 Allottees, or the United States, acting in its capacity as 

21 trustee for allottees, are not bound by any decree entered 

22 in the general stream adjudication confirming the Navajo 

23 water rights and shall not be precluded from making 

24 claims to water rights in the general stream adjudication. 

25 Allottees, or the United States, acting in its capacity as 

26 trustee for allottees, may make claims and such claims 


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•S 1207 IS

1 may be adjudicated as individual water rights in the gen2 eral stream adjudication. 

3 SEC. 12. ANTIDEFICIENCY. 

4 The United States shall not be liable for any failure 

5 to carry out any obligation or activity authorized by this 

6 Act (including any obligation or activity under the agree7 ment) if adequate appropriations are not provided ex8 pressly by Congress to carry out the purposes of this Act. 

Æ 


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