#aafth ,,congress #b;d ,session ,s4 #hhf ,,an ,,act ,to amend the ,omnibus ,public ,land ,management ,act of #bjji to make the ,reclamation ,water ,settlements ,fund permanent4 #a4 ,short title ,this ,act may be cited as the ,indian ,water ,rights ,settlement ,extension ,act4 #b4 ,tribal water rights 7a7 ,definition of #faa7;g7 ,agreement ,section #fjb of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cacd7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#bc7 as paragraphs 7#b7 through 7#bd71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 #faa7;g7 ,agreement ,the term #faa7;g7 ,agreement means the agreement dated ,july #b1 #bjai1 to be executed by the ,united ,states1 the ,state1 the ,pueblos1 the ,county1 and the ,city pursuant to section #faa7;g74 4 7b7 ,final project design ,section #faa7;b7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cacg7 is amended1 in the matter preceding paragraph 7#a71 by striking within #ij days of and inserting as soon as feasible after4 7c7 ,construction ,costs for ,pueblo ,water ,facilities ,section #faa7;f7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cach7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking #ajf1djj1jjj and inserting #bdc1djj1jjj2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,exception ,of the amount described in subparagraph 7,a7-- 7i7 the initial #ajf1djj1jjj shall be increased or decreased1 as appropriate1 based on ordinary fluctuations in construction costs since ,october #a1 #bjjf1 as determined using applicable engineering cost indices2 and 7ii7 any amounts made available in excess of the amount described in clause 7i7 shall be increased or decreased1 as appropriate1 based on ordinary fluctuations in construction costs since ,october #a1 #bjah1 as determined using applicable engineering cost indices4 2 and 7#b7 in paragraph 7#c71 by inserting and the #faa7;g7 ,agreement after the ,cost-,sharing and ,system ,integration ,agreement4 7d7 ,funding for ,regional ,water ,system ,section #fag7;a77#a7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadg7 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 by striking the period at the end and inserting 2 and2 7,b7 by striking section #faf #ej1jjj1jjj and inserting the following3 section #faf-- 7i7 #ej1jjj1jjj 2 and 7,c7 by adding at the end the following3 7ii7 subject to the availability of appropriations and in addition to the amounts made available under clause 7i71 #acg1jjj1jjj1 as adjusted under paragraph 7#d71 for the period of fiscal years #bjba through #bjbh4 2 and 7#b7 by adding at the end the following3 7,c7 ,prohibition ,notwithstanding any other provision of law1 any additional amounts made available under subparagraph 7,b77ii7 shall not be made available from the ,reclamation ,water ,settlements ,fund established by section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a774 4 7e7 ,adjustment ,section #fag7;a77#d7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadg7 is amended-- 7#a7 by striking ,the amounts and inserting the following3 7,a7 ,in general ,the amounts 2 7#b7 in subparagraph 7,a7 7as so designated71 by striking since ,october #a1 #bjjf1 as determined using applicable engineering cost indices and inserting pursuant to section #faa7;f77#a77;,b72 and 7#c7 by inserting at the end the following3 7,b7 ,prohibition ,notwithstanding any other provision of law1 any additional amounts made available as a result of this paragraph1 as compared to this paragraph as in effect on the day before the date of enactment of this subparagraph1 shall-- 7i7 be subject to the availability of appropriations2 and 7ii7 not be made available from the ,reclamation ,water ,settlements ,fund established by section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a774 4 7f7 ,execution of agreement under section #faa7;g7 ,section #fba of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadi7 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,approval ,to the extent the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement do not conflict with this title1 the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement 7including any amendments to the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement that are executed to make the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 or the #faa7;g7 ,agreement consistent with this title7 are authorized1 ratified1 and confirmed4 7b7 ,execution ,to the extent the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement do not conflict with this title1 the ,secretary shall execute the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement 7including any amendments that are necessary to make the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 or the #faa7;g7 ,agreement consistent with this title74 4 7g7 ,requirements for determination of substantial completion of the regional water system ,section #fbc7;e7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #caea7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,criteria for substantial completion of regional water system ,subject to the provisions of section #faa7;d7 concerning the extent1 size1 and capacity of the ,county ,distribution ,system1 the ,regional ,water ,system shall be determined to be substantially completed if-- 7,a7 the infrastructure has been constructed capable of-- 7i7 diverting1 treating1 transmitting1 and distributing a supply of #b1ejj acre-feet of water to the ,pueblos consistent with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement and the ,operating ,agreement72 and 7ii7 diverting1 treating1 and transmitting the quantity of water specified in the ,engineering ,report to the ,county ,distribution ,system and consistent with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement and the ,operating ,agreement72 or 7,b7 the ,secretary-- 7i7 issues a notice to proceed authorizing the commencement of ,phase ,i construction of the ,regional ,water ,system by ,december #ca1 #bjai1 and subsequently commences construction of the ,regional ,water ,system2 7ii7 diligently proceeds to construct the ,regional ,water ,system in accordance with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement71 on a schedule for completion by ,june #cj1 #bjbh2 7iii7 expends all of the available funding provided to construct the ,regional ,water ,system under section #faa7;f77#a77;,a71 in the ,cost-,sharing and ,system ,integration ,agreement1 and in the #faa7;g7 ,agreement2 7iv7 complies with the terms of the #faa7;g7 ,agreement2 and 7v7 despite diligent efforts cannot complete construction of the ,regional ,water ,system as described in the final ,engineering ,report 7as amended by the #faa7;g7 ,agreement71 due solely to the lack of additional authorized funding4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking #bjba and inserting #bjbe2 and 7,b7 by striking #bjbd and inserting #bjbh2 7#c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking #bjba and inserting #bjbe2 7#d7 in paragraph 7#d77;,b77ii77,,ii71 by striking #bjbc and inserting #bjbg2 and 7#e7 in paragraph 7#e77;,a71 by striking #bjbd and inserting #bjbh4 #c4 ,kickapoo ,tribe 7a7 ,definition of upper delaware and tributaries watershed plan ,in this section1 the term ,upper ,delaware and ,tributaries ,watershed ,plan means the plan described in the document entitled ,watershed ,plan and ,environmental ,impact ,statement ,upper ,delaware and ,tributaries ,watershed ,atchison1 ,brown1 ,jackson1 and ,nemaha ,counties1 ,kansas1 dated ,january #aiid1 and supplemented in ,june #aiid-- 7#a7 developed1 pursuant to the ,watershed ,protection and ,flood ,prevention ,act 7#af ,u4,s4,c4 #ajja et seq47-- 7,a7 by the ,kickapoo ,tribe1 certain watershed and conservation districts in the ,state of ,kansas1 and the ,department of ,wildlife and ,parks of the ,state of ,kansas2 and 7,b7 with the cooperation and technical assistance of the ,natural ,resources ,conservation ,service2 and 7#b7 described in the report of the ,committee on ,environment and ,public ,works of the ,senate 7,senate ,report #aje-ac2 ,april #bb1 #aiig74 7b7 ,study2 recommendations ,to support the purposes of achieving a fair1 equitable1 and final settlement of claims to water rights for the ,kickapoo ,tribe in the ,state of ,kansas1 the ,secretary of ,agriculture 7acting through the ,chief of the ,natural ,resources ,conservation ,service71 in consultation with the ,secretary of the ,interior 7acting through the ,director of the ,secretary's ,indian ,water ,rights ,office71 shall-- 7#a7 commence a study of the multipurpose dam described in the ,upper ,delaware and ,tributaries ,watershed ,plan2 and 7#b7 not later than #b years after the date of enactment of this ,act1 make recommendations to ,congress with respect to the material alterations or changes to the ,upper ,delaware and ,tributaries ,watershed ,plan that are necessary to effectuate1 in part1 the ,tribal water rights agreed to by the ,kickapoo ,tribe and the ,state of ,kansas on ,september #i1 #bjaf1 in the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 which otherwise remains subject to approval and authorization by ,congress4 #d4 ,navajo-,utah water rights settlement 7a7 ,purposes ,the purposes of this section are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all claims to water rights in the ,state of ,utah for-- 7,a7 the ,navajo ,nation2 and 7,b7 the ,united ,states1 for the benefit of the ,nation2 7#b7 to authorize1 ratify1 and confirm the agreement entered into by the ,nation and the ,state1 to the extent that the agreement is consistent with this section2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the agreement2 and 7,b7 to take any actions necessary to carry out the agreement in accordance with this section2 and 7#d7 to authorize funds necessary for the implementation of the agreement and this section4 7b7 ,definitions ,in this section3 7#a7 ,agreement ,the term agreement means-- 7,a7 the document entitled ,navajo ,utah ,water ,rights ,settlement ,agreement dated ,december #ad1 #bjae1 and the exhibits attached thereto2 and 7,b7 any amendment or exhibit to the document or exhibits referenced in subparagraph 7,a7 to make the document or exhibits consistent with this section4 7#b7 ,allotment ,the term allotment means a parcel of land-- 7,a7 granted out of the public domain that is-- 7i7 located within the exterior boundaries of the ,reservation2 or 7ii7 ,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 ,indian2 and 7,b7 held in trust by the ,united ,states-- 7i7 for the benefit of an individual1 individuals1 or an ,indian ,tribe other than the ,navajo ,nation2 or 7ii7 in part for the benefit of the ,navajo ,nation as of the enforceability date4 7#c7 ,allottee ,the term allottee means an individual or ,indian ,tribe with a beneficial interest in an allotment held in trust by the ,united ,states4 7#d7 ,enforceability date ,the term enforceability date means the date on which the ,secretary publishes in the ,federal ,register the statement of findings described in subsection 7g77#a74 7#e7 ,general stream adjudication ,the term general stream adjudication means the adjudication pending1 as of the date of enactment of this ,act1 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#f7 ,injury to water rights ,the term injury to water rights means an interference with1 diminution of1 or deprivation of water rights under ,federal or ,state law1 excluding injuries to water quality4 7#g7 ,member ,the term member means any person who is a duly enrolled member of the ,navajo ,nation4 7#h7 ,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#i7 ,navajo water development projects ,the term ,navajo water development projects means projects for domestic municipal water supply1 including distribution infrastructure1 and agricultural water conservation1 to be constructed1 in whole or in part1 using monies from the ,navajo ,water ,development ,projects ,account4 7#aj7 ,navajo water rights ,the term ,navajo water rights means the ,nation's water rights in ,utah described in the agreement and this section4 7#aa7 ,,om,r ,the term ,,om,r means operation1 maintenance1 and replacement4 7#ab7 ,parties ,the term parties means the ,navajo ,nation1 the ,state1 and the ,united ,states4 7#ac7 ,reservation ,the term ,reservation means1 for purposes of the agreement and this section1 the ,reservation of the ,navajo ,nation in ,utah as in existence on the date of enactment of this ,act and depicted on the map attached to the agreement as ,exhibit ,a1 including any parcel of land granted out of the public domain and held in trust by the ,united ,states entirely for the benefit of the ,navajo ,nation as of the enforceability date4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of the ,interior or a duly authorized representative thereof4 7#ae7 ,state ,the term ,state means the ,state of ,utah and all officers1 agents1 departments1 and political subdivisions thereof4 7#af7 ,united states ,the term ,united ,states means the ,united ,states of ,america and all departments1 agencies1 bureaus1 officers1 and agents thereof4 7#ag7 ,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 7c7 ,ratification of agreement 7#a7 ,approval by congress ,except to the extent that any provision of the agreement conflicts with this section1 ,congress approves1 ratifies1 and confirms the agreement 7including any amendments to the agreement that are executed to make the agreement consistent with this section74 7#b7 ,execution by secretary ,the ,secretary is authorized and directed to promptly execute the agreement to the extent that the agreement does not conflict with this section1 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 section4 7#c7 ,environmental compliance 7,a7 ,in general ,in implementing the agreement and this section1 the ,secretary shall comply with all applicable provisions of-- 7i7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7iii7 all other applicable environmental laws and regulations4 7,b7 ,execution of the agreement ,execution of the agreement by the ,secretary as provided for in this section shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,navajo water rights 7#a7 ,confirmation of navajo water rights 7,a7 ,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 agreement and as confirmed in the decree entered by the general stream adjudication court4 7,b7 ,satisfaction of allottee rights ,depletions resulting from the use of water on an allotment shall be accounted for as a depletion by the ,navajo ,nation for purposes of depletion accounting under the agreement1 including recognition of-- 7i7 any water use existing on an allotment as of the date of enactment of this ,act and as subsequently reflected in the hydrographic survey report referenced in subsection 7f77#b72 7ii7 reasonable domestic and stock water uses put into use on an allotment2 and 7iii7 any allotment water rights that may be decreed in the general stream adjudication or other appropriate forum4 7,c7 ,satisfaction of on-reservation ,state law-based water rights ,depletions 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 agreement4 7,d7 ,in general ,the ,navajo water rights are ratified1 confirmed1 and declared to be valid4 7,e7 ,use ,any use of the ,navajo water rights shall be subject to the terms and conditions of the agreement and this section4 7,f7 ,conflict ,in the event of a conflict between the agreement and this section1 the provisions of this section shall control4 7#b7 ,trust status of ,navajo water rights ,the ,navajo water rights-- 7,a7 shall be held in trust by the ,united ,states for the use and benefit of the ,nation in accordance with the agreement and this section2 and 7,b7 shall not be subject to forfeiture or abandonment4 7#c7 ,authority of the nation 7,a7 ,in general ,the ,nation shall have the authority to allocate1 distribute1 and lease the ,navajo water rights for any use on the ,reservation in accordance with the agreement1 this section1 and applicable ,tribal and ,federal law4 7,b7 ,off-reservation use ,the ,nation may allocate1 distribute1 and lease the ,navajo water rights for off-,reservation use in accordance with the agreement1 subject to the approval of the ,secretary4 7,c7 ,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 allotment1 and shall administer any water use on the ,reservation in accordance with applicable ,federal law1 including recognition of-- 7i7 any water use existing on an allotment as of the date of enactment of this ,act and as subsequently reflected in the hydrographic survey report referenced in subsection 7f77#b72 7ii7 reasonable domestic and stock water uses on an allotment2 and 7iii7 any allotment water rights decreed in the general stream adjudication or other appropriate forum4 7#d7 ,effect ,except as otherwise expressly provided in this subsection1 nothing in this section-- 7,a7 authorizes any action by the ,nation against the ,united ,states under ,federal1 ,state1 ,tribal1 or local law2 or 7,b7 alters or affects the status of any action brought pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 7e7 ,navajo trust accounts 7#a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,navajo ,utah ,settlement ,trust ,fund 7referred to in this section as the ,trust ,fund71 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 consisting of the amounts deposited in the ,trust ,fund under paragraph 7#c71 together with any interest earned on those amounts1 for the purpose of carrying out this section4 7#b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following ,accounts 7referred to in this subsection as the ,trust ,fund ,accounts73 7,a7 ,the ,navajo ,water ,development ,projects ,account4 7,b7 ,the ,navajo ,,om,r ,account4 7#c7 ,deposits ,the ,secretary shall deposit in the ,trust ,fund ,accounts-- 7,a7 in the ,navajo ,water ,development ,projects ,account1 the amounts made available pursuant to subsection 7f77#a77;,a72 and 7,b7 in the ,navajo ,,om,r ,account1 the amount made available pursuant to subsection 7f77#a77;,b74 7#d7 ,management and interest 7,a7 ,management ,upon receipt and deposit of the funds into the ,trust ,fund ,accounts1 the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7i7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7ii7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7iii7 this subsection4 7,b7 ,investment earnings ,in addition to the deposits under paragraph 7#c71 any investment earnings1 including interest1 credited to amounts held in the ,trust ,fund are authorized to be appropriated to be used in accordance with the uses described in paragraph 7#h74 7#e7 ,availability of amounts ,amounts appropriated to1 and deposited in1 the ,trust ,fund1 including any investment earnings1 shall be made available to the ,nation by the ,secretary beginning on the enforceability date and subject to the uses and restrictions set forth in this subsection4 7#f7 ,withdrawals 7,a7 ,withdrawals ,under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid ,the ,nation may withdraw any portion of the funds in the ,trust ,fund on approval by the ,secretary of a tribal management plan submitted by the ,nation in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7i7 ,requirements ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the tribal management plan under this subparagraph shall require that the ,nation shall spend all amounts withdrawn from the ,trust ,fund and any investment earnings accrued through the investments under the ,tribal management plan in accordance with this section4 7ii7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the ,tribal management plan to ensure that amounts withdrawn by the ,nation from the ,trust ,fund under this subparagraph are used in accordance with this section4 7,b7 ,withdrawals under expenditure plan ,the ,nation may submit to the ,secretary a request to withdraw funds from the ,trust ,fund pursuant to an approved expenditure plan4 7i7 ,requirements ,to be eligible to withdraw funds under an expenditure plan under this subparagraph1 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 subparagraph1 subject to the condition that the funds shall be used for the purposes described in this section4 7ii7 ,inclusions ,an expenditure plan under this subparagraph 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 ,nation1 in accordance with paragraphs 7#c7 and 7#h74 7iii7 ,approval ,on receipt of an expenditure plan under this subparagraph1 the ,secretary shall approve the plan1 if the ,secretary determines that the plan-- 7,i7 is reasonable2 7,,ii7 is consistent with1 and will be used for1 the purposes of this section2 and 7,,iii7 contains a schedule which describes that tasks will be completed within #ah months of receipt of withdrawn amounts4 7iv7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subparagraph are used in accordance with this section4 7#g7 ,effect of title ,nothing in this section gives the ,nation the right to judicial review of a determination of the ,secretary regarding whether to approve a ,tribal management plan or an expenditure plan except under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7#h7 ,uses ,amounts from the ,trust ,fund shall be used by the ,nation for the following purposes3 7,a7 ,the ,navajo ,water ,development ,projects ,account shall be used to plan1 design1 and construct the ,navajo water development projects and for the conduct of related activities1 including to comply with ,federal environmental laws4 7,b7 ,the ,navajo ,,om,r ,account shall be used for the operation1 maintenance1 and replacement of the ,navajo water development projects4 7#i7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,nation under paragraph 7#f74 7#aj7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any member of the ,nation4 7#aa7 ,expenditure reports ,the ,navajo ,nation shall submit to the ,secretary annually an expenditure report describing accomplishments and amounts spent from use of withdrawals under a ,tribal management plan or an expenditure plan as described in this section4 7f7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated to the ,secretary-- 7,a7 for deposit in the ,navajo ,water ,development ,projects ,account of the ,trust ,fund established under subsection 7e77#b77;,a71 #aih1cjj1jjj1 which funds shall be retained until expended1 withdrawn1 or reverted to the general fund of the ,treasury2 and 7,b7 for deposit in the ,navajo ,,om,r ,account of the ,trust ,fund established under subsection 7e77#b77;,b71 #aa1ajj1jjj1 which funds shall be retained until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#b7 ,implementation costs ,there is authorized to be appropriated non-trust funds in the amount of #a1jjj1jjj to assist the ,united ,states with costs associated with the implementation of this section1 including the preparation of a hydrographic survey of historic and existing water uses on the ,reservation and on allotments4 7#c7 ,state cost share ,the ,state shall contribute #h1jjj1jjj payable to the ,secretary for deposit into the ,navajo ,water ,development ,projects ,account of the ,trust ,fund established under subsection 7e77#b77;,a7 in installments in each of the #c years following the execution of the agreement by the ,secretary as provided for in subsection 7c77#b74 7#d7 ,fluctuation in costs ,the amount authorized to be appropriated under 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 the date of enactment of this ,act as indicated by the ,bureau of ,reclamation ,construction ,cost ,index--,composite ,trend4 7,a7 ,repetition ,the adjustment process under this paragraph shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,b7 ,period of indexing ,the period of indexing adjustment for any increment of funding shall end on the date on which funds are deposited into the ,trust ,fund4 7g7 ,conditions precedent 7#a7 ,in general ,the waivers and releases contained in subsection 7h7 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 this section1 the agreement has been revised to conform with this section2 7,b7 the agreement1 so revised1 including waivers and releases of claims set forth in subsection 7h71 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 under subsection 7f77#a72 7,d7 the ,state has enacted any necessary legislation and provided the funding required under the agreement and subsection 7f77#c72 and 7,e7 the court has entered a final or interlocutory decree that-- 7i7 confirms the ,navajo water rights consistent with the agreement and this section2 and 7ii7 with respect to the ,navajo water rights1 is final and nonappealable4 7#b7 ,expiration date ,if all the conditions precedent described in paragraph 7#a7 have not been fulfilled to allow the ,secretary's statement of findings to be published in the ,federal ,register by ,october #ca1 #bjcj-- 7,a7 the agreement and this section1 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 subsection 7f7 but not expended1 including any investment earnings on funds that have been appropriated pursuant to such subsection1 shall immediately revert to the general fund of the ,treasury2 and 7,c7 any funds contributed by the ,state pursuant to subsection 7f77#c7 but not expended shall be returned immediately to the ,state4 7#c7 ,extension ,the expiration date set forth in paragraph 7#b7 may be extended if the ,navajo ,nation1 the ,state1 and the ,united ,states 7acting through the ,secretary7 agree that an extension is reasonably necessary4 7h7 ,waivers and releases 7#a7 ,in ,general 7,a7 ,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 paragraph 7#c71 in return for confirmation of the ,navajo water rights and other benefits set forth in the agreement and this section1 the ,nation1 on behalf of itself and the members of the ,nation 7other than members in their capacity as allottees71 and the ,united ,states1 acting as trustee for the ,nation and members of the ,nation 7other than members in their capacity as allottees71 are authorized and directed to execute a waiver and release of-- 7i7 all claims for water rights within ,utah based on any and all legal theories that the ,navajo ,nation or the ,united ,states acting in its trust capacity for the ,nation1 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 section2 and 7ii7 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 7#b7 ,claims by the navajo nation against the united states ,the ,navajo ,nation1 on behalf of itself 7including in its capacity as allottee7 and its members 7other than members in 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 in1 or water of1 ,utah that the ,united ,states acting in its trust capacity for the ,nation 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 adoption of the agreement or this section4 7#c7 ,reservation of rights and retention of claims by the navajo nation and the united states ,notwithstanding the waivers and releases authorized in this section1 the ,navajo ,nation1 and the ,united ,states acting in its trust capacity for the ,nation1 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 seq47 7including claims for damages to natural resources71 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 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 section4 7#d7 ,effect ,nothing in the agreement or this section-- 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-- 7i7 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 7ii7 conduct judicial review of ,federal agency action2 or 7,d7 modifies1 conflicts with1 preempts1 or otherwise affects-- 7i7 the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7ii7 the ,boulder ,canyon ,project ,adjustment ,act 7#dc ,u4,s4,c4 #fah et seq472 7iii7 the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 7iv7 the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aeja et seq472 7v7 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 7vi7 the ,colorado ,river ,compact of #aibb1 as approved by the ,presidential ,proclamation of ,june #be1 #aibi 7#df ,stat4 #cjjj72 and 7vii7 the ,upper ,colorado ,river ,basin ,compact as consented to by the ,act of ,april #f1 #aidi 7#fc ,stat4 #ca1 chapter #dh74 7#e7 ,tolling of claims 7,a7 ,in general ,each applicable period of limitation and time-based equitable defense relating to a claim waived by the ,navajo ,nation described in this subsection 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 paragraph ,nothing in this paragraph 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 subsection precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law4 7i7 ,miscellaneous provisions 7#a7 ,precedent ,nothing in this section 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 administrative proceeding4 7#b7 ,other indian tribes ,nothing in the agreement or this section 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 7j7 ,relation to allottees 7#a7 ,no effect on claims of allottees ,nothing in this section or the agreement shall affect the rights or claims of allottees1 or the ,united ,states1 acting in its capacity as trustee for or on behalf of allottees1 for water rights or damages related to lands allotted by the ,united ,states to allottees1 except as provided in subsection 7d77#a77;,b74 7#b7 ,relationship of decree to allottees ,allottees1 or the ,united ,states1 acting in its capacity as trustee for allottees1 are not bound by any decree entered in the general stream adjudication confirming the ,navajo water rights and shall not be precluded from making claims to water rights in the general stream adjudication4 ,allottees1 or the ,united ,states1 acting in its capacity as trustee for allottees1 may make claims and such claims may be adjudicated as individual water rights in the general stream adjudication4 7k7 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this section 7including any obligation or activity under the agreement7 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this section4 #e4 ,sharing arrangements with federal agencies ,section #dje of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afde7 is amended-- 7#a7 in subsection 7a77#a71 by inserting urban ,indian organizations1 before and tribal organizations2 and 7#b7 in subsection 7c7-- 7,a7 by inserting urban ,indian organization1 before or tribal organization2 and 7,b7 by inserting an urban ,indian organization1 before or a tribal organization4 #f4 ,amendment to the indian health care improvement act ,section #dji of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afdg;b7 is amended by inserting or the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq47 after 7#be ,u4,s4,c4 #dej et seq474 ,passed the ,senate ,june #d1 #bjbj4,secretary