Title: Navajo Utah Water Rights Settlement Act of 2018
Policy area: Native Americans

Summary:
Navajo Utah Water Rights Settlement Act of 2016
This bill ratifies and modifies the Navajo Utah Water Rights Settlement Agreement negotiated between the Navajo Nation, the United States, and Utah. Specifically, the bill enumerates the Navajo Nation's right to use water from sources located within Utah and adjacent to or encompassed within the boundaries of the Navajo Nation Reservation. The use is limited to depletions of 81,500 acre-feet or less per year. The water rights: (1) include the rights to divert, pump, impound, store, or reuse water; and (2) are not subject to loss by non-use, forfeiture, or abandonment.
In return for confirmation of these rights, the Navajo Nation waives and releases: (1) claims for water rights that are not recognized in the agreement; and (2) claims for specified damage, loss, or injury to water, water rights, land, or other resources.
The Bureau of Reclamation must: (1) plan, design, and construct the water diversion, delivery, and conservation features of the Navajo water development projects; and (2) convey to the Navajo Nation title to certain water development projects described as water supply and water distribution systems once they are complete and in operation.
The bill establishes: (1) a trust account for the operation, maintenance, and replacement of the Navajo water development projects authorized to be constructed and described in the agreement as water supply systems and water distribution systems; and (2) a fund to plan, design, and construct the projects.

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

<DOC>






115th CONGRESS
  1st Session
                                 S. 664

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2017

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSES.

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

SEC. 3. FINDINGS.

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

SEC. 4. DEFINITIONS.

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

SEC. 5. RATIFICATION OF AGREEMENT.

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

SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF NAVAJO WATER DEVELOPMENT 
              PROJECTS.

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

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Navajo Water Development Fund.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary $198,300,000 to plan, design, and construct the 
        Navajo water development projects to remain available until 
        expended.
            (2) Adjustments.--The amount under paragraph (1) shall be 
        adjusted by such amounts--
                    (A) as are contributed by the State pursuant to 
                subsection (f)(2) of section 6; and
                    (B) as may be required by reason of changes since 
                June 2014 in construction costs, as indicated by 
                engineering cost indices applicable to the types of 
                construction involved.
            (3) Use.--In addition to the uses authorized under 
        paragraph (1), amounts made available under that paragraph may 
        be used for the conduct of related activities, to comply with 
        Federal environmental laws, or may be transferred to the Navajo 
        OM&R Trust Account as provided in subsection (f)(3) of section 
        6.
    (b) Navajo OM&R Trust Account.--
            (1) Authorization of appropriations.--For the purpose of 
        assisting the Navajo Nation with the expenses of operating, 
        maintaining, and replacing the Navajo water development 
        projects authorized to be constructed in section 6 and 
        described as water supply systems and water distribution 
        systems in the agreement, there is authorized to be 
        appropriated $11,100,000 to be deposited in the Navajo OM&R 
        trust account established pursuant to subsection (k) of section 
        6, which funds shall be retained until expended.
            (2) Management of account.--The Secretary shall manage the 
        account in accordance with the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), and 
        shall invest amounts deposited in the account in accordance 
        with that Act and--
                    (A) the Act of April 1, 1880 (25 U.S.C. 161); and
                    (B) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a).
            (3) Fluctuation in costs.--The amount authorized to be 
        appropriated in paragraph (1) shall be increased or decreased, 
        as appropriate, by such amounts as may be justified by reason 
        of ordinary fluctuations in costs occurring after June 2014 as 
        indicated by applicable engineering cost indices.
            (4) Availability of monies.--Monies appropriated to and 
        deposited in the Navajo OM&R Trust Account, and investment 
        earnings thereon, shall be made available by the Secretary to 
        the Navajo Nation beginning on the date on which title to and 
        OM&R responsibility for the Navajo water development projects 
        is transferred to the Navajo Nation pursuant to subsection (h) 
        of section 6 until such monies are exhausted.
    (c) Programmatic Costs.--There is authorized to be appropriated 
$1,000,000 to assist the Nation with programmatic costs associated with 
the settlement, including the preparation of a hydrographic survey of 
historic and existing water uses on the Reservation.
    (d) Offset.--To the extent necessary, the Secretary shall offset 
any direct spending authorized and any interest earned on amounts 
expended pursuant to this section using such additional amounts as may 
be made available to the Secretary for the applicable fiscal year.

SEC. 8. RESERVED WATER RIGHTS.

    (a) Quantification.--The Navajo Nation shall have the right to use 
water from water sources located within Utah and adjacent to or 
encompassed within the boundaries of the Reservation resulting in 
depletions not to exceed 81,500 acre-feet annually as described in the 
agreement.
    (b) Rights of Members and Allottees.--Any entitlement to water of 
any member or any allottee for lands within the Reservation or for any 
allotment shall be satisfied out of the Navajo Nation water rights 
recognized in the agreement and this Act.
    (c) Held in Trust.--The water rights of the Navajo Nation and the 
allottees, all as described in the agreement and as adjudicated in the 
decree, shall be held in trust by the United States on behalf of the 
Navajo Nation and allottees, respectively.
    (d) Forfeiture and Abandonment.--The water rights of the Navajo 
Nation and the allottees, all as described in the agreement and 
adjudicated in the decree, shall not be subject to loss by non-use, 
forfeiture, abandonment, or other operation of law.

SEC. 9. CONDITIONS PRECEDENT.

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

SEC. 10. WAIVERS AND RELEASES.

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

SEC. 11. 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 tribes in any other 
judicial or administrative proceeding.
    (b) Other Indian Tribes.--Nothing in the agreement or this Act 
shall be construed in any way to quantify or otherwise adversely affect 
the water rights, claims, or entitlements to water of any Indian tribe, 
band, or community, other than the Navajo Nation.

SEC. 12. AVAILABILITY OF FUNDS.

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