dian Land Consolidation Act Amendments 
of 2000 (Public Law 106–462; 114 Stat. 
1991)). 
(13) NAVAJO PARTIAL FINAL JUDGMENT AND 
DECREE.—The term ‘‘Navajo Partial Final Judg-
ment and Decree’’ means a final or interlocutory 
partial final judgment and decree entered by the De-
cree Court with respect to the Navajo Nation’s 
Water Rights— 
(A) that is substantially in the form de-
scribed in Article 17.14.7.2 of the Agreement, 
as amended to ensure consistency with this Act; 
and 
(B) from which no further appeal may be 
taken. 
(14) NAVAJO TRUST FUND.—The term ‘‘Navajo 
Trust Fund’’ means the Navajo Nation Rio San 
Jose´ Settlement Trust Fund established under sec-
tion 6(a). 
(15) RIO
PUERCO
BASIN.—The term ‘‘Rio 
Puerco Basin’’ means the area defined by the 
United States Geological Survey Hydrologic Unit 
Codes (HUC) 13020204 (Rio Puerco subbasin) and 
13020205 (Arroyo Chico subbasin), including the 
hydrologically connected groundwater. 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(16) RIO
SAN
JOSE´
STREAM
SYSTEM.—The 
term ‘‘Rio San Jose´ Stream System’’ means the geo-
graphic extent of the area involved in the Adjudica-
tion pursuant to the description filed in the Decree 
Court on November 21, 1986. 
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(18) SIGNATORY ACEQUIA.—The term ‘‘Signa-
tory Acequia’’ means an acequia that is a signatory 
to the Agreement. 
(19) STATE.—The term ‘‘State’’ means the 
State of New Mexico and all officers, agents, depart-
ments, and political subdivisions of the State of New 
Mexico. 
SEC. 4. RATIFICATION OF AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act, and to the extent that the Agreement does not 
conflict with this Act, the Agreement is authorized, 
ratified, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Agreement, or any attachment to the Agreement re-
quiring the signature of the Secretary, is executed in 
accordance with this Act to make the Agreement 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
consistent with this Act, the amendment is author-
ized, ratified, and confirmed. 
(b) EXECUTION.— 
(1) IN
GENERAL.—To the extent that the 
Agreement does not conflict with this Act, the Sec-
retary shall execute the Agreement, including all at-
tachments to, or parts of, the Agreement requiring 
the signature of the Secretary. 
(2) MODIFICATIONS.—Nothing in this Act pro-
hibits the Secretary, after execution of the Agree-
ment, from approving any modification to the Agree-
ment, including an attachment to the Agreement, 
that is consistent with this Act, to the extent that 
the modification does not otherwise require congres-
sional approval under section 2116 of the Revised 
Statutes (25 U.S.C. 177) or any other applicable 
provision of Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Agree-
ment and this Act, the Secretary shall comply 
with— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) all other applicable Federal environ-
mental laws and regulations. 
(2) COMPLIANCE.— 
(A) IN
GENERAL.—In implementing the 
Agreement and this Act, the Navajo Nation 
shall prepare any necessary environmental doc-
uments, consistent with— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(ii) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), in-
cluding the implementing regulations of 
that Act; and 
(iii) all other applicable Federal envi-
ronmental laws and regulations. 
(B) 
AUTHORIZATIONS.—The 
Secretary 
shall— 
(i) independently evaluate the docu-
mentation required under subparagraph 
(A); and 
(ii) be responsible for the accuracy, 
scope, and contents of that documentation. 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(3) EFFECT OF EXECUTION.—The execution of 
the Agreement by the Secretary under this section 
shall not constitute a major Federal action under 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(4) COSTS.—Any costs associated with the per-
formance of the compliance activities under this sub-
section shall be paid from funds deposited in the 
Navajo Trust Fund or other sources of funding from 
the Navajo Nation, subject to the condition that any 
costs associated with the performance of Federal ap-
proval or other review of such compliance work or 
costs associated with inherently Federal functions 
shall remain the responsibility of the Secretary. 
SEC. 5. NAVAJO NATION’S WATER RIGHTS. 
(a) TRUST STATUS OF NAVAJO NATION’S WATER 
RIGHTS.—The Navajo Nation’s Water Rights shall be 
held in trust by the United States on behalf of the Nation 
in accordance with the Agreement and this Act. 
(b) FORFEITURE AND ABANDONMENT.— 
(1) IN GENERAL.—The Navajo Nation’s Water 
Rights shall not be subject to loss through non-use, 
forfeiture, abandonment, or other operation of law. 
(2) STATE-LAW BASED WATER RIGHTS.—State- 
law based water rights acquired by the Navajo Na-
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tion, or by the United States on behalf of the Na-
tion, after the date for inclusion in the Navajo Par-
tial Final Judgment and Decree, shall not be subject 
to forfeiture, abandonment, or permanent alienation 
from the time they are acquired. 
(c) USE.—Any use of the Navajo Nation’s Water 
Rights shall be subject to the terms and conditions of the 
Agreement and this Act. 
(d) ALLOTMENT RIGHTS NOT INCLUDED.—Con-
sistent with section 13, the Navajo Nation’s Water Rights 
shall not include any water rights for an Allotment, sub-
ject to the condition that the Navajo Nation may allow 
use of the Navajo Nation’s Water Rights on an Allotment 
subject to the terms and conditions of the Agreement and 
this Act. 
(e) ALLOTTEES
NOT
ADVERSELY
AFFECTED.— 
Nothing in this Act quantifies or diminishes any water 
right, or any claim or entitlement to water, of an Allottee. 
(f) ALLOTTEE WATER RIGHTS.—The Nation shall 
not object in any general stream adjudication, including 
the Adjudication, to the quantification of reasonable do-
mestic, stock, and irrigation water uses on an Allotment, 
and shall administer any water use in accordance with ap-
plicable Federal law, including recognition of— 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) 
MAXIMUM
TERM.—The 
maximum 
term of any lease, including all renewals, under 
this paragraph shall not exceed 99 years. 
(h) ADMINISTRATION.— 
(1) NO ALIENATION.—The Navajo Nation shall 
not permanently alienate any portion of the Navajo 
Nation’s Water Rights. 
(2) PURCHASES OR GRANTS OF LAND FROM IN-
DIANS.—An authorization provided by this Act for 
the allocation, distribution, leasing, or other ar-
rangement entered into pursuant to this Act shall be 
considered to satisfy any requirement for authoriza-
tion of the action required by Federal law. 
(3) PROHIBITION ON FORFEITURE.—The non- 
use of all or any portion of the Navajo Nation’s 
Water Rights by any water user shall not result in 
the forfeiture, abandonment, relinquishment, or 
other loss of all or any portion of the Navajo Na-
tion’s Water Rights. 
(4) FORBEARANCE
BY
NAVAJO
NATION
FOR 
NON-STOCK
WATER
RIGHTS
OF
CERTAIN
ALLOT-
MENTS.—Forbearance by the Navajo Nation in ac-
cordance with Article 17.13.4 of the Agreement— 
(A) shall be considered non-use for pur-
poses of paragraph (3); and 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) shall not result in the forfeiture, aban-
donment, relinquishment, or other loss of any 
portion of the Navajo Nation’s Water Rights. 
SEC. 6. NAVAJO NATION RIO SAN JOSE´
SETTLEMENT 
TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund, to be known as the ‘‘Navajo Nation Rio San 
Jose´ Water Rights Settlement Trust Fund’’, to be man-
aged, invested, and distributed by the Secretary and to 
remain available until expended, withdrawn, or reverted 
to the general fund of the Treasury, consisting of the 
amounts deposited in the Navajo Trust Fund under sub-
section (c), together with any investment earnings, includ-
ing interest, earned on those amounts, for the purpose of 
carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Navajo Trust Fund the following accounts: 
(1) The Navajo Nation Water Rights Settle-
ment Account. 
(2) The Navajo Nation Operations and Mainte-
nance Account. 
(c) DEPOSITS.—The Secretary shall deposit in the 
Navajo Trust Fund the amounts made available pursuant 
to section 7(a). 
(d) MANAGEMENT AND INTEREST.— 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) MANAGEMENT.—On receipt and deposit of 
funds into the Navajo Trust Fund under subsection 
(c), the Secretary shall manage, invest, and dis-
tribute all amounts in the Navajo Trust Fund in a 
manner that is consistent with the investment au-
thority 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 Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to the Navajo Trust Fund under 
subsection (c), any investment earnings, including 
interest, earned on those amounts held in the Nav-
ajo Trust Fund are authorized to be used in accord-
ance with subsections (f) and (h). 
(e) AVAILABILITY OF AMOUNTS.— 
(1) IN
GENERAL.—Amounts appropriated to, 
and deposited in, the Navajo Trust Fund, including 
any investment earnings, including interest, earned 
on those amounts, shall be made available to the Na-
tion by the Secretary beginning on the Enforce-
ability Date, subject to the requirements of this sec-
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tion, except for funds to be made available to the 
Nation pursuant to paragraph (2). 
(2) USE
OF
FUNDS.—Notwithstanding para-
graph (1), up to $15,000,000 of the amounts depos-
ited in the Navajo Nation Water Rights Settlement 
Account, including any investment earnings, includ-
ing interest, earned on those amounts, shall be avail-
able to the Nation on the date on which the amounts 
are deposited in the Navajo Nation Water Rights 
Settlement Account for the following uses: 
(A) Feasibility studies, planning, engineer-
ing, design, and related environmental, cultural, 
and historical compliance, and obtaining rights- 
of-way or permits for water supply infrastruc-
ture to serve Navajo Nation needs consistent 
with subsection (h)(1)(B). 
(B) Installing, on Navajo Lands, ground-
water wells and associated infrastructure to 
meet immediate domestic, commercial, munic-
ipal and industrial water needs, and associated 
environmental, cultural, and historical compli-
ance. 
(f) WITHDRAWALS.— 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) WITHDRAWALS UNDER THE AMERICAN IN-
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 
1994.— 
(A) IN
GENERAL.—The Navajo Nation 
may withdraw any portion of the amounts in 
the Navajo Trust Fund on approval by the Sec-
retary 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.). 
(B) 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 Navajo Trust Fund, and any investment 
earnings, including interest, earned on those 
amounts, through the investments under the 
Tribal management plan, in accordance with 
this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce the Tribal management plan 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
under this paragraph to ensure that amounts 
withdrawn by the Nation from the Navajo 
Trust Fund under subparagraph (A) are used 
in accordance with this Act. 
(2) 
WITHDRAWALS
UNDER
EXPENDITURE 
PLAN.— 
(A) IN
GENERAL.—The Navajo Nation 
may submit to the Secretary a request to with-
draw funds from the Navajo Trust Fund pursu-
ant to an approved expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw amounts under an expenditure plan 
under subparagraph (A), the Nation shall sub-
mit to the Secretary an expenditure plan for 
any portion of the Navajo Trust Fund that the 
Nation elects to withdraw pursuant to that sub-
paragraph, subject to the condition that the 
amounts shall be used for the purposes de-
scribed in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Navajo Trust Fund will be used by the Nation, 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
in accordance with this subsection and sub-
section (h). 
(D) APPROVAL.—The Secretary shall ap-
prove an expenditure plan submitted under sub-
paragraph (A) if the Secretary determines that 
the plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan to ensure 
that amounts disbursed under this paragraph 
are used in accordance with this Act. 
(g) EFFECT OF SECTION.—Nothing in this section 
gives the Navajo Nation the right to judicial review of a 
determination of the Secretary relating to whether to ap-
prove a Tribal management plan under paragraph (1) of 
subsection (f) or an expenditure plan under paragraph (2) 
of that subsection 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.— 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) NAVAJO NATION WATER RIGHTS SETTLE-
MENT ACCOUNT.—The Navajo Nation Water Rights 
Settlement Account may only be used for the fol-
lowing purposes: 
(A) Acquiring water rights or water sup-
ply. 
(B) Planning, permitting, designing, engi-
neering, constructing, reconstructing, replacing, 
rehabilitating, operating, or repairing water 
production, treatment, or delivery infrastruc-
ture, including for domestic and municipal use, 
on-farm improvements, or wastewater infra-
structure. 
(C) Navajo Nation’s Water Rights man-
agement and administration. 
(D) Watershed protection and enhance-
ment, support of agriculture, water-related Nav-
ajo community welfare and economic develop-
ment, and costs relating to implementation of 
the Agreement. 
(E) Environmental compliance in the de-
velopment and construction of infrastructure 
under this Act. 
(2) NAVAJO NATION OPERATIONS AND MAINTE-
NANCE ACCOUNT.—The Navajo Nation Water Infra-
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
structure Operations and Maintenance Account may 
only be used to pay costs for operation, mainte-
nance, and replacement of water infrastructure to 
serve Navajo domestic, commercial, municipal, and 
industrial water uses from any water source. 
(i) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Navajo 
Trust Fund by the Nation under paragraph (1) or (2) of 
subsection (f). 
(j) EXPENDITURE REPORTS.—The Navajo Nation 
shall annually submit to the Secretary an expenditure re-
port describing accomplishments and amounts spent from 
use of withdrawals under a Tribal management plan or 
an expenditure plan under paragraph (1) or (2) of sub-
section (f), as applicable. 
(k) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Navajo Trust Fund shall be distributed on a per capita 
basis to any member of Navajo Nation. 
(l) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Navajo Trust Fund shall remain in the Navajo 
Nation. 
(m) OPERATION, MAINTENANCE, AND REPLACE-
MENT.—All operation, maintenance, and replacement 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
costs of any project constructed using funds from the Nav-
ajo Trust Fund shall be the responsibility of the Nation. 
SEC. 7. FUNDING. 
(a) MANDATORY
APPROPRIATIONS.—Out of any 
money in the Treasury not otherwise appropriated, the 
Secretary of the Treasury shall transfer to the Secretary 
the following amounts for deposit in the following ac-
counts: 
(1) THE NAVAJO NATION WATER RIGHTS SET-
TLEMENT ACCOUNT.—For deposit in the Navajo Na-
tion Water Rights Settlement Account established 
under section 6(b)(1), $200,271,000, to remain 
available until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
(2) THE
NAVAJO
NATION
OPERATIONS
AND 
MAINTENANCE ACCOUNT.—For deposit in the Nav-
ajo Nation Operations and Maintenance Account es-
tablished under section 6(b)(2), $23,000,000, to re-
main available until expended, withdrawn, or re-
verted to the general fund of the Treasury. 
(b) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—The amounts appropriated 
under subsection (a) shall be increased or decreased, 
as appropriate, by such amounts as may be justified 
by reason of ordinary fluctuations in costs, as indi-
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB
cated by the Bureau of Reclamation Construction 
Cost Index–Composite Trend. 
(2) CONSTRUCTION COSTS ADJUSTMENT.—The 
amounts appropriated under subsection (a) shall be 
adjusted to address construction cost changes nec-
essary to account for unforeseen market volatility 
that may not otherwise be captured by construction 
cost indices, as determined by the Secretary, includ-
ing repricing applicable to the types of construction 
and current industry standards involved. 
(3) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the applicable 
amount, as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.—The period of in-
dexing and adjustment under this subsection for any 
increment of funding shall start on October 1, 2021, 
and end on the date on which funds are deposited 
in the Navajo Trust Fund. 
(c) STATE COST-SHARE.—Pursuant to the Agree-
ment, the State shall contribute— 
(1) $3,000,000, as adjusted for inflation pursu-
ant to the Agreement, to the Bluewater Toltec Irri-
gation District and Acequia Madre del Ojo del Gallo 
for purposes described in the Agreement; and 
VerDate Sep 11 2014 
00:16 Mar 08, 2025
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1324.IH
H1324
kjohnson on DSK7ZCZBW3PROD with $$_JOB