(2) if applicable, additional funding subject to 
the provisions of Article 17.12.4 of the Agreement. 
SEC. 8. ENFORCEABILITY DATE. 
The Enforceability Date shall be the date on which 
the Secretary publishes in the Federal Register a state-
ment of findings that— 
(1) to the extent that the Agreement conflicts 
with this Act, the Agreement has been amended to 
conform with this Act; 
(2) the Agreement, as amended, has been exe-
cuted by all parties to the Agreement, including the 
United States; 
(3) all of the amounts appropriated under sec-
tion 7(a) have been appropriated and deposited in 
the designated accounts of the Navajo Trust Fund; 
(4) the State has— 
(A) provided $3,000,000 of funding under 
section 7(c)(1) into the appropriate funding ac-
counts or entered into a funding agreement 
with the intended beneficiaries for that funding; 
and 
(B) enacted legislation to amend State law 
to provide that a Navajo Nation Water Right 
may be leased for a term not to exceed 99 
years, including renewals; 
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(5) the Decree Court has approved the Agree-
ment and has entered the Navajo Partial Final 
Judgment and Decree; and 
(6) the waivers and releases under section 9 
have been executed by the Navajo Nation and the 
Secretary. 
SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 
(a) WAIVERS AND RELEASES OF CLAIMS BY THE 
NAVAJO NATION AND UNITED STATES AS TRUSTEE FOR 
THE NATION.—Subject to the reservation of rights and 
retention of claims under subsection (d), as consideration 
for recognition of the Navajo Nation’s Water Rights and 
other benefits described in the Agreement and this Act, 
the Navajo Nation, on behalf of the Nation and 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), shall execute a waiver and 
release of all claims for— 
(1) water rights within the Rio San Jose´ 
Stream System that the Navajo Nation or the 
United States acting as trustee for the Nation, as-
serted or could have asserted in any proceeding, in-
cluding the Adjudication, on or before the Enforce-
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ability Date, except to the extent that such rights 
are recognized in the Agreement and this Act; and 
(2) damages, losses, or injuries to water rights 
or claims of interference with, diversion of, or taking 
of water rights (including claims for injury to land 
resulting from such damages, losses, injuries, inter-
ference with, diversion, or taking of water rights) in 
waters in the Rio San Jose´ Stream System against 
any party to the Agreement, including the members 
and parciantes of Signatory Acequias, that accrued 
at any time up to and including the Enforceability 
Date. 
(b) WAIVERS AND RELEASES OF CLAIMS BY NAVAJO 
NATION AGAINST UNITED STATES.—Subject to the res-
ervation of rights and retention of claims under subsection 
(d), the Navajo Nation, on behalf of the Nation (including 
in its capacity as an Allottee) and members of the Nation 
(other than members in their capacity as Allottees) shall 
execute a waiver and release of all claims against the 
United States (including any agency or employee of the 
United States) first arising before the Enforceability Date 
relating to— 
(1) water rights within the Rio San Jose´ 
Stream System that the United States, acting as 
trustee for the Navajo Nation, asserted or could 
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have asserted in any proceeding, including the Adju-
dication, except to the extent that such rights are 
recognized as part of the Navajo Nation’s Water 
Rights under this Act; 
(2) foregone benefits from non-Navajo use of 
water, on and off Navajo Lands (including water 
from all sources and for all uses) within the Rio San 
Jose´ Stream System; 
(3) damage, loss, or injury to water, water 
rights, land, or natural 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 of, or taking 
of water, or claims relating to a failure to protect, 
acquire, replace, or develop water, water rights, or 
water infrastructure) within the Rio San Jose´ 
Stream System; 
(4) a failure to provide for operation, mainte-
nance, or deferred maintenance for any irrigation 
system or irrigation project within the Rio San Jose´ 
Stream System; 
(5) a failure to establish or provide a municipal, 
rural, or industrial water delivery system on Navajo 
Lands within the Rio San Jose´ Stream System; 
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(6) damage, loss, or injury to water, water 
rights, land, or natural resources due to construc-
tion, operation, and management of irrigation 
projects on Navajo Lands (including damages, 
losses, or injuries to fish habitat, wildlife, and wild-
life habitat) within the Rio San Jose´ Stream Sys-
tem; 
(7) a failure to provide a dam safety improve-
ment to a dam on Navajo Lands within the Rio San 
Jose´ Stream System; 
(8) the litigation of claims relating to any water 
right of the Nation within the Rio San Jose´ Stream 
System; and 
(9) the negotiation, execution, or adoption of 
the Agreement (including attachments) and this Act. 
(c) EFFECTIVE DATE.—The waivers and releases de-
scribed in subsections (a) and (b) shall take effect on the 
Enforceability Date. 
(d) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases under 
subsections (a) and (b), the Navajo Nation and the United 
States, acting as trustee for the Nation, shall retain all 
claims relating to— 
(1) the enforcement of, or claims accruing after 
the Enforceability Date relating to, water rights rec-
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ognized under the Agreement, this Act, or the Nav-
ajo Partial Final Judgment and Decree entered in 
the Adjudication; 
(2) activities affecting the quality of water and 
the environment, including claims under— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), including claims 
for damages to natural resources; 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(3) the right to use and protect water rights ac-
quired after the date of enactment of this Act; 
(4) damage, loss, or injury to land or natural 
resources that is not due to loss of water or water 
rights, including hunting, fishing, gathering, or cul-
tural rights; 
(5) all claims for water rights, and claims for 
injury to water rights, in basins other than the Rio 
San Jose´ Stream System, subject to the Agreement 
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with respect to the claims of the Navajo Nation for 
water rights in the Rio Puerco Basin; and 
(6) all rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and re-
leased pursuant to this Act or the Agreement. 
(e) EFFECT OF AGREEMENT AND ACT.—Nothing in 
the Agreement or this Act— 
(1) reduces or extends the sovereignty (includ-
ing civil and criminal jurisdiction) of any govern-
ment entity, except as provided in section 11; 
(2) affects the ability of the United States, as 
a sovereign, to carry out any activity authorized by 
law, including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); 
(D) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); and 
(E) any regulations implementing the Acts 
described in subparagraphs (A) through (D); 
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(3) affects the ability of the United States to 
act as trustee for the Navajo Nation (consistent with 
this Act), any other Indian Tribe, or an Allottee of 
any other Indian Tribe; 
(4) confers jurisdiction on any State court— 
(A) to interpret Federal law relating to 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or any other party under Federal law re-
garding health, safety, or the environment; or 
(C) to conduct judicial review of any Fed-
eral agency action; or 
(5) waives any claim of a member of the Navajo 
Nation in an individual capacity that does not derive 
from a right of the Navajo Nation. 
(f) OFFSET
RELATING
TO
RIO
PUERCO.—The 
United States shall be entitled to offset $20,000,000 
against— 
(1) any judgment against the United States for 
claims relating to water rights in the Rio Puerco 
Basin, including breach of trust and damage claims 
relating to water rights in the Rio Puerco Basin, in 
a case brought by the Nation or any user of the 
Navajo Nation’s Water Rights; or 
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(2) a Federal contribution to any future settle-
ment of water rights of the Navajo Nation in the 
Rio Puerco Basin. 
(g) TOLLING OF CLAIMS.— 
(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. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitation or any 
time-based equitable defense under any other appli-
cable law. 
(h) EXPIRATION.— 
(1) IN GENERAL.—This Act shall expire in any 
case in which the Secretary fails to publish a state-
ment of findings under section 8 by not later than— 
(A) July 1, 2030; or 
(B) such alternative later date as is agreed 
to by the Navajo Nation and the Secretary, 
after providing reasonable notice to the State. 
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(2) CONSEQUENCES.—If this Act expires under 
paragraph (1)— 
(A) the waivers and releases under sub-
sections (a) and (b) shall— 
(i) expire; and 
(ii) have no further force or effect; 
(B) the authorization, ratification, con-
firmation, and execution of the Agreement 
under section 4 shall no longer be effective; 
(C) any action carried out by the Sec-
retary, and any contract or agreement entered 
into, pursuant to this Act shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this Act, together with 
any interest earned on those funds, and any 
water rights or contracts to use water and title 
to other property acquired or constructed with 
Federal funds appropriated or made available 
to carry out the activities authorized by this 
Act, shall be returned to the Federal Govern-
ment, unless otherwise agreed to by Navajo Na-
tion and the United States and approved by 
Congress; and 
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(E) except for Federal funds used to ac-
quire or construct property that is returned to 
the Federal Government under subparagraph 
(D), the United States shall be entitled to offset 
any Federal funds made available to carry out 
this Act that were expended or withdrawn, or 
any funds made available to carry out this Act 
from other Federal authorized sources, together 
with any interest accrued on those funds, 
against any claims against the United States— 
(i) relating to water rights in the 
State asserted by— 
(I) the Nation or any user of the 
Navajo Nation’s Water Rights; or 
(II) any other matter covered by 
subsection (b); or 
(ii) in any future settlement of water 
rights of the Navajo Nation. 
SEC. 10. SATISFACTION OF CLAIMS. 
The benefits provided under this Act shall be in com-
plete replacement of, complete substitution for, and full 
satisfaction of any claim of the Navajo Nation against the 
United States that are waived and released by the Nation 
pursuant to section 9(b). 
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SEC. 11. CONSENT OF UNITED STATES TO JURISDICTION 
FOR JUDICIAL REVIEW OF A NAVAJO NATION 
WATER USE PERMIT DECISION. 
(a) CONSENT.—On the Enforceability Date, the con-
sent of the United States is hereby given, with the consent 
of the Navajo Nation under Article 17.14.4 of the Agree-
ment, to jurisdiction in the District Court for the Thir-
teenth Judicial District of the State of New Mexico, and 
in the New Mexico Court of Appeals and the New Mexico 
Supreme Court on appeal therefrom in the same manner 
as provided under New Mexico law, over an action filed 
in such District Court by any party to a Navajo Nation 
Water Use Permit administrative proceeding under Article 
17.10.4 of the Agreement for the limited and sole purpose 
of judicial review of a Navajo Nation Water Use Permit 
decision under Article 17.10.5 of the Agreement. 
(b) LIMITATION.—The consent of the United States 
for review of a Navajo Nation Water Use Permit is limited 
to judicial review, based on the record developed through 
the administrative process of the Navajo Nation, under a 
standard of judicial review limited to determining whether 
the Navajo Nation decision on the application for the Nav-
ajo Nation Water Use Permit— 
(1) is supported by substantial evidence; 
(2) is not arbitrary, capricious, or contrary to 
law; 
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(3) is not in accordance with the Agreement or 
the Navajo Partial Final Judgment and Decree; or 
(4) shows that the Navajo Nation acted fraudu-
lently or outside the scope of its authority. 
(c) NAVAJO NATION WATER CODE AND INTERPRE-
TATION.— 
(1) IN GENERAL.—Navajo Nation Water Code 
or Navajo Water Law provisions that meet the re-
quirements of Article 17.10 of the Agreement shall 
be given full faith and credit in any proceeding de-
scribed in this section. 
(2) PROVISIONS
OF
THE
NAVAJO
NATION 
WATER CODE.—To the extent that a State court 
conducting judicial review under this section must 
interpret provisions of Navajo Nation law that are 
not express provisions of the Navajo Nation Water 
Code or Navajo Nation water law, the State court 
shall certify the question of interpretation to the 
Navajo Nation court. 
(3) NO CERTIFICATION.—Any issues of inter-
pretation of standards in Article 17.10.6 of the 
Agreement are not subject to certification. 
(4) LIMITATION.—Nothing in this section limits 
the jurisdiction of the Decree Court to interpret and 
enforce the Agreement. 
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SEC. 12. MISCELLANEOUS PROVISIONS. 
(a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE 
UNITED STATES.—Nothing in this Act waives the sov-
ereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this Act quantifies or diminishes any land or 
water right, or any claim or entitlement to land or water, 
of an Indian Tribe, band, Pueblo, or community other 
than the Navajo Nation. 
(c) EFFECT ON CURRENT LAW.—Nothing in this Act 
affects any provision of law (including regulations) in ef-
fect on the day before the date of enactment of this Act 
with respect to pre-enforcement review of any Federal en-
vironmental enforcement action. 
(d) CONFLICT.—In the event of a conflict between 
the Agreement and this Act, this Act shall control. 
SEC. 13. RELATION TO ALLOTTEES. 
(a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth-
ing 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 relating to land allotted by the United 
States to Allottees. 
(b) RELATIONSHIP OF DECREE TO ALLOTTEES.— 
(1) 
SEPARATE
ADJUDICATION.—Notwith-
standing whether an Allotment is patented pursuant 
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to section 1 of the Act of February 8, 1887 (com-
monly known as the ‘‘Indian General Allotment 
Act’’) (24 Stat. 388, chapter 119; 25 U.S.C. 331) 
(as in effect on the day before the date of enactment 
of the Indian Land Consolidation Act Amendments 
of 2000 (Public Law 106–462; 114 Stat. 1991)) or 
section 4 of that Act (24 Stat. 389, chapter 119; 25 
U.S.C. 334), as determined by the Secretary, when 
adjudicated— 
(A) water rights for Allotments shall be 
separate from the Navajo Nation’s Water 
Rights; and 
(B) no water rights for Allotments shall be 
included in the Navajo Partial Final Judgment 
and Decree. 
(2) ALLOTMENT
WATER
RIGHTS.—The Allot-
ment water rights adjudicated separately pursuant 
to paragraph (1) shall not be subject to the restric-
tions or conditions that apply to the use of the Nav-
ajo Nation’s Water Rights, subject to the condition 
that if an Allotment governed by the Act of Feb-
ruary 8, 1887 (commonly known as the ‘‘Indian 
General Allotment Act’’) (24 Stat. 388, chapter 
119) becomes Navajo Nation Lands, the water 
rights associated with that Allotment shall be sub-
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ject to the restrictions and conditions on the Navajo 
Nation’s Water Rights set forth in this Act and the 
Agreement. 
(3) ALLOTTEE
WATER
RIGHTS
TO
BE
ADJU-
DICATED.—Allottees, or the United States, acting in 
its capacity as trustee for Allottees, may make water 
rights claims, and those claims may be adjudicated 
in the Rio San Jose´ Stream System or the Rio 
Puerco Basin. 
SEC. 14. EXPANSION OF NAVAJO-GALLUP WATER SUPPLY 
PROJECT SERVICE AREA. 
(a) DEFINITION OF PROJECT.—In this section, the 
term ‘‘Project’’ means the Navajo-Gallup Water Supply 
Project authorized under section 10602 of the North-
western New Mexico Rural Water Projects Act (Public 
Law 111–11; 123 Stat. 1379). 
(b) EXPANSION OF PROJECT SERVICE AREA AU-
THORIZED.—The Nation may expand the service area for 
the Project in order to deliver water supply from the 
Project to communities of the Nation within the Rio San 
Jose´ Basin in the State. 
(c) APPROVAL OF FINAL DESIGN FOR EXPANSION.— 
If water will be supplied from facilities of the Project to 
the Rio San Jose´ Basin at a time when the Bureau of 
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Reclamation still holds title to those facilities, the Navajo 
Nation shall— 
(1) obtain approval, in writing, from the Com-
missioner of Reclamation for the final design of the 
connection and related facilities needed to connect 
the extension into the Rio San Jose´ area from those 
facilities; and 
(2) coordinate construction of the connection 
and related facilities with the Commissioner of Rec-
lamation. 
SEC. 15. 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 Agree-
ment, if adequate appropriations are not provided ex-
pressly by Congress to carry out the purposes of this Act. 
Æ 
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