I 
116TH CONGRESS 
1ST SESSION 
H. R. 644 
To approve the settlement of the water rights claims of the Navajo Nation 
in Utah, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 17, 2019 
Mr. BISHOP of Utah introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To approve the settlement of the water rights claims of 
the Navajo Nation in Utah, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Navajo Utah Water 
Rights Settlement Act of 2019’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of all claims to water rights in the State of 
Utah for— 
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(A) the Navajo Nation; and 
(B) the United States, for the benefit of 
the Nation; 
(2) to authorize, ratify, and confirm the Agree-
ment 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 imple-
mentation 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 De-
cember 14, 2015, and the exhibits attached 
thereto; and 
(B) any amendment or exhibit to the docu-
ment or exhibits referenced in subparagraph 
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(A) that is executed 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 bound-
aries 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 indi-
vidual 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, in-
dividuals, or an Indian tribe other than the 
Navajo Nation; or 
(ii) in part for the benefit of the Nav-
ajo 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. 
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(4) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
retary publishes in the Federal Register the state-
ment of findings described in section 8(a). 
(5) GENERAL
STREAM
ADJUDICATION.—The 
term ‘‘general stream adjudication’’ means the adju-
dication pending, as of the date of enactment, in the 
Seventh Judicial District in and for Grand County, 
State of Utah, commonly known as the ‘‘South-
eastern Colorado River General Adjudication’’, Civil 
No. 810704477, conducted pursuant to State law. 
(6) INJURY TO WATER RIGHTS.—The term ‘‘in-
jury 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 
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‘‘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 con-
structed, in whole or in part, using monies from the 
Navajo Water Development Projects Account estab-
lished under section 6(b)(1). 
(10) NAVAJO WATER RIGHTS.—The term ‘‘Nav-
ajo 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 oper-
ation, 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 
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depicted on the map attached to the agreement as 
Exhibit A. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the United States Depart-
ment of the Interior or a duly authorized representa-
tive 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 CA-
PACITY.—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 exe-
cuted to make the agreement consistent with this Act). 
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(b) EXECUTION BY SECRETARY.—The Secretary is 
authorized and directed to promptly execute the agree-
ment 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 nec-
essary to make the agreement consistent with this 
Act. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the agree-
ment 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.—Execu-
tion 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.). 
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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.—De-
pletions resulting from the use of water on an allot-
ment shall be accounted for as a depletion by the 
Navajo Nation for the purposes of depletion ac-
counting under the agreement, including the recogni-
tion 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 sur-
vey 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 
decreased in the general stream adjudication or 
other appropriate forum. 
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(3) SATISFACTION OF ON-RESERVATION STATE 
LAW-BASED
WATER
RIGHTS.—Depletion 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 be-
tween 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 aban-
donment. 
(c) AUTHORITY OF THE NATION.— 
(1) IN GENERAL.—The Nation shall have the 
authority to allocate, distribute, and lease the Nav-
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ajo water rights for any use on the Reservation in 
accordance with the agreement, this Act, and appli-
cable 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 al-
lotment, and shall administer any water use on the 
Reservation in accordance with applicable Federal 
law, including the 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 sur-
vey 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 appro-
priate forum. 
(d) EFFECT.—Except as otherwise expressly provided 
in this section, nothing in this Act— 
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(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, con-
sisting 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 the following: 
(1) In the Navajo Water Development Projects 
Account, the amounts made available pursuant to 
subsection 7(a)(1). 
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(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 Sec-
retary shall manage, invest, and distribute all 
amounts in the Trust Fund in a manner that is con-
sistent with the investment authority of the Sec-
retary 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 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 appro-
priated to be used in accordance with the uses de-
scribed in subsection (h). 
(e) AVAILABILITY OF AMOUNTS.—Amounts appro-
priated 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 
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date and subject to the uses and restrictions set forth in 
this section. 
(f) WITHDRAWALS.— 
(1) WITHDRAWALS UNDER THE AMERICAN IN-
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 
1994.—The Nation may withdraw any portion of the 
funds in the 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.). 
(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 trib-
al management plan in accordance with this 
Act. 
(B) 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 to 
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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 pur-
suant 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 ac-
cordance with subsections (c) and (h). 
(C) APPROVAL.—On receipt of an expendi-
ture plan under this paragraph, the Secretary 
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shall approve the plan, if the Secretary deter-
mines 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 de-
scribed that tasks will be completed within 
months 
of 
receipt 
of 
withdrawn 
amounts. 
(D) 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 ACT.—Nothing in this Act gives the 
Nation the right to judicial review of a determination of 
the Secretary regarding whether to approve a tribal man-
agement plan or an expenditure plan except under sub-
chapter 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: 
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(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 in-
vestment 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 re-
port describing accomplishments and amounts spent from 
the 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 ap-
propriated to the Secretary— 
(1) for deposit in the Navajo Water Develop-
ment Projects Account of the Trust Fund estab-
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lished 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 ex-
pended, withdrawn, or reverted to the General Fund 
of the Treasury. 
(b) IMPLEMENTATION COSTS.—There are authorized 
to be appropriated non-trust funds in the amount of 
$1,000,000 to assist the United States with costs associ-
ated with the implementation of this Act, including the 
preparation of a hydrographic survey of historic and exist-
ing 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 agree-
ment by the Secretary as provided for in subsection (b) 
of section 4. 
(d) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—The amount authorized to 
be appropriated under subsection (a) shall be in-
creased or decreased, as appropriate, by such 
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amounts as may be justified by reason of ordinary 
fluctuations in costs occurring after the date of en-
actment of this Act as indicated by the Bureau of 
Reclamation Construction Cost Index—Composite 
Trend. 
(2) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the amount au-
thorized, as adjusted, has been appropriated. 
(3) PERIOD OF INDEXING.—The period of in-
dexing 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 releases con-
tained in section 9 shall become effective as of the date 
the Secretary causes to be published in the Federal Reg-
ister a statement of findings that— 
(1) to the extent that the agreement conflicts 
with this 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; 
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(3) Congress has fully appropriated, or the Sec-
retary has provided from other authorized sources, 
all funds authorized under subsection (a) of section 
7; 
(4) the State has enacted any necessary legisla-
tion and provided the funding required under the 
agreement and subsection (c) of section 7; and 
(5) the court has entered a final or interlocu-
tory decree that— 
(A) confirms the Navajo water rights con-
sistent 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 prece-
dent 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 waiv-
ers and releases of claims described in those docu-
ments, shall no longer be effective; 
(2) any funds that have been appropriated pur-
suant to section 7 but not expended, including any 
investment earnings on funds that have been appro-
priated pursuant to such section, shall immediately 
revert to the general fund of the Treasury; and 
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(3) any funds contributed by the State pursu-
ant 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 Sec-
retary) 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 Na-
tion (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 
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its trust capacity for the Nation, asserted, or 
could have asserted, at any time in any pro-
ceeding, including to the general stream adju-
dication, 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 inju-
ries to water rights or claims of interference 
with, diversion, or taking of water rights (in-
cluding claims for injury to lands resulting from 
such damages, losses, injuries, interference 
with, diversion, or taking of water rights) with-
in Utah against the State, or any person, enti-
ty, 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 
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 Na-
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tion asserted, or could have asserted, in any pro-
ceeding, 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 en-
forceability date; 
(3) all claims the Nation may have against the 
United States relating in any manner to the litiga-
tion 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 negotia-
tion, execution, or the 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 au-
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thorized 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 enforce-
ment 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 ac-
quired after the enforceability date; 
(3) all claims relating to activities affecting the 
quality of water, including any claims under the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq. (including claims for damages to natural re-
sources)), the Safe Drinking Water Act (42 U.S.C. 
300f et seq.), and the Federal Water Pollution Con-
trol 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 the com-
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mon law) relating to human health, safety, or the 
environment; and 
(6) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to the agreement and this Act. 
(d) EFFECT.—Nothing in the agreement or this 
Act— 
(1) affects the ability of the United States act-
ing in its sovereign capacity to take actions author-
ized by law, including any laws relating to health, 
safety, or the environment, including the Com-
prehensive 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 imple-
menting 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 du-
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ties of the United States or other parties pursu-
ant to such Federal law; and 
(B) conduct judicial review of Federal 
agency action; or 
(4) modifies, conflicts with, preempts, or other-
wise affects— 
(A) the Boulder Canyon Project Act (43 
U.S.C. 617 et seq.); 
(B) the Boulder Canyon Project Adjust-
ment 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 (com-
monly 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 Feb-
ruary 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 
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(G) the Upper Colorado River Basin Com-
pact 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 ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitations or any 
time-based equitable defense under any other appli-
cable 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 administra-
tive proceeding. 
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(b) OTHER INDIAN TRIBES.—Nothing in the agree-
ment 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 com-
munity, other than the Navajo Nation. 
SEC. 11. RELATION TO ALLOTTEES. 
(a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth-
ing in the agreement of this Act 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 
Nation water rights and shall not be precluded from mak-
ing claims to water rights in the general stream adjudica-
tion. 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 
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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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