,,ii #aaeth ,,congress #ast ,session ,s4 #ffd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ae1 #bjag,mr4 ,hatch introduced the following bill2 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 ,utah1 to authorize construction of projects in connection therewith1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,navajo ,utah ,water ,rights ,settlement ,act of #bjag4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to eliminate controversy over the quantification1 allocation1 distribution1 and use of all waters derived by or through the ,navajo ,nation in the ,state of ,utah pursuant to all legal theories2 7#b7 to recognize and protect the reserved water rights of the ,navajo ,nation and all those possessing water rights derived by or through the ,navajo ,nation2 7#c7 to protect ,state appropriative water rights2 7#d7 to provide ,navajo and non-,indian citizens in the ,upper ,colorado ,river ,basin in ,utah with certainty regarding water rights1 water management1 and administration that will allow them to plan for their futures2 7#e7 to approve1 ratify1 and confirm the agreement2 7#f7 to authorize and direct the ,secretary to execute and perform duties under the agreement and this ,act2 7#g7 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 ,act2 7#h7 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 members2 and 7#i7 to promote the economic development and economic self-sufficiency of the ,navajo ,nation in ,utah4 #c4 ,findings ,congress finds the following3 7#a7 ,it is the policy of the ,united ,states1 in keeping with the trust responsibility of the ,united ,states to ,indian tribes1 to settle ,indian water rights claims whenever possible without lengthy and costly litigation4 7#b7 ,the water rights settlements described in paragraph 7#a7 typically require congressional review and approval4 7#c7 ,the ,navajo ,nation and the ,united ,states1 acting as trustee for the ,navajo ,nation and allottees of the ,navajo ,nation1 claim the right to an unquantified amount of water from the ,san ,juan ,river in the ,upper ,colorado ,river ,basin in ,utah4 7#d7 ,consistent with the policy of the ,united ,states1 this ,act settles the water rights claims of the ,navajo ,nation and the ,united ,states within the ,state of ,utah1 acting as trustee for the ,navajo ,nation and allottees of the ,navajo ,nation1 without litigation4 7#e7 ,this ,act settles the water rights claims of the ,navajo ,nation and the ,united ,states within the ,state of ,utah1 acting as trustee for the ,navajo ,nation and allottees of the ,navajo ,nation1 by providing a permanent source of water for the ,navajo ,nation in ,utah1 a water settlement fund to be used for the construction of drinking water infrastructure1 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 ,utah4 #d4 ,definitions 7#a7 ,afy ,the term afy means acre-feet per year4 7#b7 ,agreement ,the term agreement means the document entitled ,navajo ,utah ,water ,rights ,settlement ,agreement and the exhibits attached thereto4 7#c7 ,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 ,utah4 7#d7 ,allotment ,the term allotment means-- 7,a7 a parcel of land located within the ,reservation2 or 7,b7 ,bureau of ,indian ,affairs parcel number #gib #fcdeaa in ,san ,juan ,county1 ,utah1 consisting of #afj acres located in ,township #da,s1 ,range #bj;,e1 sections #aa1 #ab1 and #ad1 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 ,states4 7#e7 ,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 #i7;a7 of this ,act4 7#f7 ,general stream adjudication ,the term general stream adjudication means the adjudication pending1 as of the date of enactment1 in the ,seventh ,judicial ,district in and for ,grand ,county1 ,state of ,utah1 commonly known as the ,southeastern ,colorado ,river ,general ,adjudication1 ,civil ,no4 #hajgjddgg1 conducted pursuant to ,state law4 7#g7 ,indian ,health ,service ,the term ,indian ,health ,service means the ,united ,states ,indian ,health ,service4 7#h7 ,injury to water rights ,the term injury to water rights means the loss1 deprivation1 impairment1 or diminution of water rights4 7#i7 ,member ,the term member means any person who is a duly enrolled member of the ,navajo ,nation4 7#aj7 ,navajo ,nation or ,nation ,the term ,navajo ,nation or ,nation means a body politic and federally recognized ,indian nation1 as published on the list established under section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a771 also known variously as the ,navajo ,nation1 the ,navajo ,nation of ,arizona1 ,new ,mexico1 ,utah1 and the ,navajo ,nation of ,indians and other similar names1 and includes all bands of ,navajo ,indians and chapters of the ,navajo ,nation and all divisions1 agencies1 officers1 and agents thereof4 7#aa7 ,navajo water development projects ,the term ,navajo water development projects means the projects constructed1 in whole or in part1 using monies from the ,navajo ,water ,development ,fund4 7#ab7 ,,om,r ,the term ,,om,r means operation1 maintenance1 and replacement4 7#ac7 ,parties ,the term parties means the ,navajo ,nation1 the ,state1 and the ,united ,states4 7#ad7 ,reclamation ,the term ,reclamation means the ,united ,states ,bureau of ,reclamation4 7#ae7 ,reservation ,the term ,reservation means1 for purposes of this agreement1 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 ,a4 7#af7 ,secretary ,the term ,secretary means the ,secretary of the ,united ,states ,department of the ,interior or a duly authorized representative thereof4 7#ag7 ,state ,the term ,state means the ,state of ,utah and all officers1 agents1 departments1 and political subdivisions thereof4 7#ah7 ,united states ,the term ,united ,states means the ,united ,states of ,america and all departments1 agencies1 bureaus1 officers1 and agents thereof4 7#ai7 ,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 allottees4 7#bj7 ,water rights ,the term water rights means rights under tribal1 ,state1 and ,federal law to divert1 pump1 impound1 store1 use1 or reuse water within the ,state4 #e4 ,ratification of ,agreement 7a7 ,approval by ,congress ,except to the extent that any provision of the agreement conflicts with this ,act1 ,congress approves1 ratifies1 and confirms the agreement 7including any amendments to the agreement that are executed to make the agreement consistent with this ,act74 7b7 ,execution by ,secretary ,the ,secretary is authorized and directed to promptly1 and no later than #ahj days from the date that this ,act becomes law1 execute the agreement to the extent that the agreement does not conflict with this ,act1 including-- 7#a7 any exhibits to the agreement requiring the signature of the ,secretary2 and 7#b7 any amendments to the agreement necessary to make the agreement consistent with this ,act4 7c7 ,authority of ,secretary ,the ,secretary may carry out any action that the ,secretary determines is necessary or appropriate to implement the agreement and this ,act4 7d7 ,environmental compliance 7#a7 ,environmental compliance ,the ,secretary shall comply with all aspects of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and other applicable ,federal environmental laws and regulations4 7#b7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,lead agency ,reclamation1 or any ,united ,states or ,navajo ,nation agency with an intergovernmental agreement with the ,secretary pursuant to subsection 7a7 of section #f1 is authorized to be designated as the lead or joint lead agency with respect to environmental compliance for the ,navajo water development projects4 #f4 ,authorization for construction of ,navajo water development projects 7a7 ,in general ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall plan1 design1 and construct the water diversion1 delivery1 and conservation features of the ,navajo water development projects4 ,the ,secretary is authorized to enter into intergovernmental agreements with other ,united ,states1 ,state1 or ,navajo ,nation agencies as necessary or appropriate to implement this section4 7b7 ,lead agency ,reclamation1 or any ,federal or ,navajo ,nation agency with an intergovernmental agreement with the ,secretary pursuant to subsection 7a71 is authorized to serve as the lead agency or joint lead agencies with respect to any activity to plan1 design1 and construct the water diversion1 delivery1 and conservation features of any ,navajo water development project to be constructed by that agency4 7c7 ,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 conservation4 ,to allow the ,navajo ,nation flexibility in meeting the needs of its people over time as both circumstances and technologies evolve1 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 ,fund4 ,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 systems1 the agreement and this ,act also provide for a ,navajo ,,om,r ,trust ,account4 7d7 ,final water supply system projects 7#a7 ,design review ,prior to beginning construction activities for any water supply system as described in the agreement and constructed pursuant to this section1 the ,secretary shall review the design of the proposed ,navajo water development projects and perform value-engineering analyses4 7#b7 ,negotiation and agreement with the ,navajo ,nation ,on the basis of the review described in paragraph 7#a71 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 standards1 as well as changes1 if any1 that would allow the projects to be constructed for the amounts made available under subsection 7a7 of section #g1 and improve the cost-effectiveness of the projects4 7e7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7f7 ,funding 7#a7 ,federal obligation ,the total amount of obligations incurred by the ,secretary for planning1 design1 and construction of the ,navajo water development projects in subsections 7a7 through 7j7 of this section shall not exceed #aih1cjj1jjj1 except that the total amount of #aih1cjj1jjj shall be increased or decreased1 as appropriate1 based on ordinary fluctuations from ,june #bjad1 in construction cost indices applicable to the types of construction involved in the design and construction of the ,navajo water development projects4 7#b7 ,state cost share ,the ,state shall contribute #h1jjj1jjj payable to the ,secretary for planning1 design1 and construction of the ,navajo water development projects in installments in each of the #c years following the execution of the agreement by the ,secretary as provided for in subsection 7b7 of section #e4 7#c7 ,transfers to ,navajo ,,om,r account ,monies made available for the ,navajo water development projects but not used for that purpose may1 at the discretion of the ,navajo ,nation1 be transferred to the ,navajo ,,om,r ,trust ,account established by subsection 7k74 7g7 ,applicability of the ,indian ,self-,determination ,act 7#a7 ,in general ,at the request of the ,navajo ,nation1 and in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 the ,secretary shall enter into one or more agreements with the ,navajo ,nation to carry out the activities authorized by this section4 7#b7 ,oversight costs ,reclamation1 or any ,federal agency with an intergovernmental agreement with the ,secretary pursuant to subsection 7a71 and the ,navajo ,nation shall negotiate the cost of any oversight activities carried out by such agencies for each agreement under this section1 provided that the total cost for that oversight shall not exceed #d percent of the total project costs4 7h7 ,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 and1 if applicable1 delivering potable water4 7#a7 ,limitation of liability ,effective on the date of the conveyance authorized by this subsection1 the ,united ,states shall not be held liable by any court for damages arising out of any act1 omission1 or occurrence relating to the facilities conveyed under this subsection1 other than damages caused by any intentional act or act of negligence committed by the ,united ,states1 or by employees or agents of the ,united ,states1 prior to the date of conveyance4 7#b7 ,,om,r obligation of the ,united ,states after conveyance ,the ,united ,states shall have no obligation to pay for the operation1 maintenance1 or replacement costs of any ,navajo water development project beginning on the date on which-- 7,a7 title to the project is conveyed to the ,navajo ,nation2 and 7,b7 the amounts required to be deposited in the ,navajo ,,om,r ,trust ,account pursuant to subsection 7b7 of section #g have been deposited in that account4 7i7 ,technical assistance ,the ,secretary shall provide technical assistance to prepare the ,navajo ,nation for operation of the ,navajo water development projects1 including operation and management training4 7j7 ,project management committee 7#a7 ,in ,general ,the ,secretary shall facilitate the formation of a project management committee to be composed of representatives of-- 7,a7 the ,navajo ,nation2 7,b7 ,reclamation1 or any ,federal agency with an intergovernmental agreement with the ,secretary pursuant to subsection 7a71 the ,bureau of ,indian ,affairs1 and the ,indian ,health ,service1 as appropriate2 and 7,c7 the ,state4 7#b7 ,duties ,the project management committee shall-- 7,a7 review cost factors and budgets for construction1 operation1 and maintenance activities for the ,navajo water development projects2 7,b7 improve management of the planning1 design1 construction1 and operation of the ,navajo water development projects through enhanced communication2 and 7,c7 seek additional ways to reduce overall costs for the ,navajo water development projects4 7k7 ,navajo ,,om,r trust account ,the ,united ,states shall establish a trust account in the ,treasury of the ,united ,states for the operation1 maintenance1 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 systems4 #g4 ,authorization of appropriations 7a7 ,navajo ,water ,development ,fund 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary #aih1cjj1jjj to plan1 design1 and construct the ,navajo water development projects to remain available until expended4 7#b7 ,adjustments ,the amount under paragraph 7#a7 shall be adjusted by such amounts-- 7,a7 as are contributed by the ,state pursuant to subsection 7f77#b7 of section #f2 and 7,b7 as may be required by reason of changes since ,june #bjad in construction costs1 as indicated by engineering cost indices applicable to the types of construction involved4 7#c7 ,use ,in addition to the uses authorized under paragraph 7#a71 amounts made available under that paragraph may be used for the conduct of related activities1 to comply with ,federal environmental laws1 or may be transferred to the ,navajo ,,om,r ,trust ,account as provided in subsection 7f77#c7 of section #f4 7b7 ,navajo ,,om,r trust account 7#a7 ,authorization of appropriations ,for the purpose of assisting the ,navajo ,nation with the expenses of operating1 maintaining1 and replacing the ,navajo water development projects authorized to be constructed in section #f and described as water supply systems and water distribution systems in the agreement1 there is authorized to be appropriated #aa1ajj1jjj to be deposited in the ,navajo ,,om,r trust account established pursuant to subsection 7k7 of section #f1 which funds shall be retained until expended4 7#b7 ,management of account ,the ,secretary shall manage the account in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 and shall invest amounts deposited in the account in accordance with that ,act and-- 7,a7 the ,act of ,april #a1 #ahhj 7#be ,u4,s4,c4 #afa72 and 7,b7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a74 7#c7 ,fluctuation in costs ,the amount authorized to be appropriated in paragraph 7#a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after ,june #bjad as indicated by applicable engineering cost indices4 7#d7 ,availability of monies ,monies appropriated to and deposited in the ,navajo ,,om,r ,trust ,account1 and investment earnings thereon1 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 7h7 of section #f until such monies are exhausted4 7c7 ,programmatic costs ,there is authorized to be appropriated #a1jjj1jjj to assist the ,nation with programmatic costs associated with the settlement1 including the preparation of a hydrographic survey of historic and existing water uses on the ,reservation4 7d7 ,offset ,to the extent necessary1 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 year4 #h4 ,reserved water rights 7a7 ,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 #ha1ejj acre-feet annually as described in the agreement4 7b7 ,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 ,act4 7c7 ,held in trust ,the water rights of the ,navajo ,nation and the allottees1 all as described in the agreement and as adjudicated in the decree1 shall be held in trust by the ,united ,states on behalf of the ,navajo ,nation and allottees1 respectively4 7d7 ,forfeiture and abandonment ,the water rights of the ,navajo ,nation and the allottees1 all as described in the agreement and adjudicated in the decree1 shall not be subject to loss by non-use1 forfeiture1 abandonment1 or other operation of law4 #i4 ,conditions precedent 7a7 ,in general ,the waivers and release contained in section #aj 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-- 7#a7 to the extent that the agreement conflicts with the ,act1 the agreement has been revised to conform with this ,act2 7#b7 the agreement1 so revised1 including waivers and releases of claims set forth in section #aj1 has been executed by the parties1 including the ,united ,states2 7#c7 ,congress has fully appropriated1 or the ,secretary has provided from other authorized sources1 all funds authorized by subsections 7a7 and 7b7 of section #g2 7#d7 the ,state has enacted any necessary legislation and provided the funding required under the agreement and subsection 7f77#b7 of section #f of this ,act2 and 7#e7 the court has entered a final or interlocutory decree that-- 7,a7 confirms the water rights of the ,navajo ,nation2 7,b7 with respect to the water rights of the ,navajo ,nation1 is final as to all parties to the general stream adjudication and from which no further appeals may be taken2 and 7,c7 the ,secretary1 in consultation with the parties1 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 agreement4 7b7 ,expiration date ,if all the conditions precedent described in subsection 7a7 have not been fulfilled to allow the ,secretary's statement of findings to be published in the ,federal ,register by ,october #ca1 #bjbf-- 7#a7 the agreement and this ,act1 including waivers and releases of claims described in those documents1 shall no longer be effective2 7#b7 any funds that have been appropriated pursuant to section #g of this ,act but not expended shall immediately revert to the general fund of the ,united ,states2 and 7#c7 any funds contributed by the ,state pursuant to subsection 7f77#b7 of section #f of this ,act but not expended shall be returned immediately to the ,state4 7c7 ,extension ,the expiration date set forth in subsection 7b7 may be extended if the ,navajo ,nation1 the ,state1 and the ,united ,states 7acting through the ,secretary7 agree that an extension is reasonably necessary4 #aj4 ,waivers and releases 7a7 ,claims by the ,navajo ,nation and the ,united ,states ,in return for confirmation of the ,navajo ,nation's federally reserved water rights1 the water rights or rights to use water of allottees in ,utah1 and other benefits set forth in the agreement and this ,act1 and in return for a waiver of claims by the ,state against the ,nation and the ,united ,states acting in its trust capacity1 the ,nation and the ,united ,states acting in its trust capacity hereby waive and release-- 7#a7 all claims for water rights within ,utah based on any and all legal theories that the ,navajo ,nation1 allottees1 or the ,united ,states acting in its trust capacity1 asserted1 or could have asserted1 at any time in any proceeding1 including to the general stream adjudication1 up to and including the enforceability date1 except to the extent that such rights are recognized in the agreement and this ,act2 and 7#b7 all claims for damages1 losses1 or injuries to water rights or claims of interference with1 diversion1 or taking of water rights 7including claims for injury to lands resulting from such damages1 losses1 injuries1 interference with1 diversion1 or taking of water rights7 within ,utah against the ,state1 or any person1 entity1 corporation1 or municipality1 that accrued at any time up to and including the enforceability date4 7b7 ,claims by the ,navajo ,nation against the ,united ,states ,the ,navajo ,nation1 on behalf of itself and its members 7other than members in their individual capacity1 including their capacity as allottees71 shall execute a waiver and release of-- 7#a7 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 asserted1 or could have asserted1 in any proceeding1 including the general stream adjudication2 7#b7 all claims the ,navajo ,nation may have against the ,united ,states relating in any manner to damages1 losses1 or injuries to water1 water rights1 land1 or other resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights2 claims relating to interference with1 diversion1 or taking of water2 or claims relating to failure to protect1 acquire1 replace1 or develop water or water rights7 within ,utah that first accrued at any time up to and including the enforceability date2 7#c7 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 ,utah2 and 7#d7 all claims the ,nation may have against the ,united ,states relating in any manner to the negotiation1 execution1 or the adoption of the agreement or this ,act4 7c7 ,claims by the ,state against the ,navajo ,nation and the ,united ,states ,except as provided in subsection 7e71 the ,state waives and releases any claims that the ,state may have against the ,navajo ,nation1 allottees1 and the ,united ,states acting in its trust capacity1 under ,federal1 ,state1 or other law for-- 7#a7 all claims for injury to water rights resulting from the diversion or use of water on or for-- 7,a7 the ,reservation2 7,b7 ,navajo trust land in ,utah2 7,c7 ,navajo fee land in ,utah2 or 7,d7 allotments1 arising from time immemorial through the enforceability date2 7#b7 all claims for injury to water rights arising after the enforceability date resulting from the diversion or use of water on or for-- 7,a7 the ,navajo ,reservation2 7,b7 ,navajo trust land in ,utah2 7,c7 ,navajo fee land in ,utah2 or 7,d7 allotments1 in a manner not in violation of the agreement or applicable law2 and 7#c7 all claims arising out of or related in any manner to the negotiation or execution of the agreement1 or the negotiation or enactment of this ,act4 7d7 ,reservation of rights and retention of claims by the ,navajo ,nation and the ,united ,states ,notwithstanding the waivers and releases authorized in this ,act1 the ,navajo ,nation1 and the ,united ,states acting in its trust capacity1 retain-- 7#a7 all claims for injuries to and the enforcement of the agreement and the final or interlocutory decree entered in the general stream adjudication1 through such legal and equitable remedies as may be available in the decree court or the ,federal ,district ,court for the ,district of ,utah2 7#b7 all rights to use and protect water rights acquired after the enforceability date2 7#c7 all claims relating to activities affecting the quality of water1 including any claims under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq4 7including claims for damages to natural resources771 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 and the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the regulations implementing those ,acts1 and the common law2 7#d7 all claims for water rights1 and claims for injury to water rights1 in ,states other than the ,state of ,utah2 7#e7 all claims1 including environmental claims1 under any laws 7including regulations and the common law7 relating to human health1 safety1 or the environment2 and 7#f7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to the agreement and this ,act4 7e7 ,reservation of rights and retention of claims by the ,state ,notwithstanding the waivers of claims and releases described in this section1 the ,state shall retain any right to-- 7#a7 assert claims for the enforcement of the agreement and the final or interlocutory decree entered in the general stream adjudication1 through such legal and equitable remedies as may be available in the ,state decree court or the ,federal ,district ,court for the ,district of ,utah2 7#b7 assert claims for injury to1 and seek enforcement of1 the ,state's rights under the judgment and decree entered by the court in the general stream adjudication2 7#c7 assert past1 present1 and future claims to water that are subject to the general stream adjudication or other applicable law1 and that are not inconsistent with the agreement2 7#d7 assert any claims for injury to water rights not specifically waived herein2 and 7#e7 take any action including environmental actions1 under any laws 7including regulations and the common law7 relating to human health1 safety1 or the environment4 7f7 ,effect of section ,nothing in the agreement or this ,act-- 7#a7 affects the ability of the ,united ,states acting in its sovereign capacity to take actions authorized by law1 including any laws relating to health1 safety1 or the environment1 including the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 and the regulations implementing those laws2 7#b7 affects the ability of the ,united ,states to take actions in its capacity as trustee for any other ,indian tribe or allottee2 7#c7 confers jurisdiction on any ,state court to-- 7,a7 interpret ,federal law regarding health1 safety1 or the environment or determine the duties of the ,united ,states or other parties pursuant to such ,federal law2 and 7,b7 conduct judicial review of ,federal agency action2 or 7#d7 modifies1 conflicts with1 preempts1 or otherwise affects-- 7,a7 the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7,b7 the ,boulder ,canyon ,project ,adjustment ,act 7#ed ,stat4 #ggd1 chapter #fdc72 7,c7 the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 7,d7 the ,act of ,september #cj1 #aifh 7commonly known as the ,colorado ,river ,basin ,project ,act7 7#hb ,stat4 #hhe72 7,e7 the ,treaty between the ,united ,states of ,america and ,mexico respecting utilization of waters of the ,colorado and ,tijuana ,rivers and of the ,rio ,grande1 signed at ,washington ,february #c1 #aidd 7#ei ,stat4 #abai72 7,f7 the ,colorado ,river ,compact of #aibb1 as approved by the ,presidential ,proclamation of ,june #be1 #aibi 7#df ,stat4 #cjjj72 and 7,g7 the ,upper ,colorado ,river ,basin ,compact as consented to by the ,act of ,april #f1 #aidi 7#fc ,stat4 #ca1 chapter #dh74 7g7 ,tolling of claims 7#a7 ,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 date4 7#b7 ,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 ,act4 7#c7 ,limitation ,nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law4 #aa4 ,miscellaneous provisions 7a7 ,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 proceeding4 7b7 ,other ,indian tribes ,nothing in the agreement or this ,act shall be construed in any way to quantify or otherwise adversely affect the water rights1 claims1 or entitlements to water of any ,indian tribe1 band1 or community1 other than the ,navajo ,nation4 #ab4 ,availability of funds ,if insufficient funds are appropriated to carry out this ,act for a fiscal year1 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 obligated4