,,ii #aaith ,,congress #ast ,session ,s4 #efe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ac1 #bjbe,mr4 ,heinrich 7for himself and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to approve the settlement of water rights claims of the ,navajo ,nation in the ,rio ,san ,jos ,stream ,system in the ,state of ,new ,mexico1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,navajo ,nation ,rio ,san ,jos ,stream ,system ,water ,rights ,settlement ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,sec4 #d4 ,ratification of ,agreement4,sec4 #e4 ,navajo ,nation's ,water ,rights4,sec4 #f4 ,navajo ,nation ,rio ,san ,jos ,settlement ,trust ,fund4,sec4 #g4 ,funding4,sec4 #h4 ,enforceability ,date4,sec4 #i4 ,waivers and releases of claims4,sec4 #aj4 ,satisfaction of claims4,sec4 #aa4 ,consent of ,united ,states to jurisdiction for judicial review of a ,navajo ,nation ,water ,use ,permit decision4,sec4 #ab4 ,miscellaneous provisions4,sec4 #ac4 ,relation to ,allottees4,sec4 #ad4 ,expansion of ,navajo-,gallup ,water ,supply ,project service area4,sec4 #ae4 ,antideficiency4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all claims to water rights in the general stream adjudication of the ,rio ,san ,jos ,stream ,system captioned ,state of ,new ,mexico1 ex rel4 ,state ,engineer v4 ,kerr-,mc,gee1 et al41 ,no4 ,d-#accc-;,,cv-#aihc-jjaij and ,no4 ,d-#accc-;,,cv-#aihc-jjbbj 7consolidated71 pending in the ,thirteenth ,judicial ,district ,court for the ,state of ,new ,mexico1 for-- 7,a7 the ,navajo ,nation2 and 7,b7 the ,united ,states1 acting as trustee for the ,navajo ,nation2 7#b7 to authorize1 ratify1 and confirm the agreement entered into by the ,navajo ,nation1 the ,state1 and various other parties to the ,agreement1 to the extent that the ,agreement is consistent with this ,act2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the ,agreement2 and 7,b7 to take any other actions necessary to carry out the ,agreement in accordance with this ,act2 and 7#d7 to authorize funds necessary for the implementation of the ,agreement and this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,acequia ,the term ,acequia means each of the ,bluewater ,toltec ,irrigation ,district1 ,la ,acequia ,madre del ,ojo del ,gallo1 ,moquino ,water ,users ,association ,,ii1 ,murray ,acres ,irrigation ,association1 ,san ,mateo ,irrigation ,association1 ,seboyeta ,community ,irrigation ,association1 ,cubero ,acequia ,association1 ,cebolletita ,acequia ,association1 and ,community ,ditch of ,rio ,san ,jos de la ,cienega4 7#b7 ,adjudication ,the term ,adjudication means the general adjudication of water rights entitled ,state of ,new ,mexico1 ex rel4 ,state ,engineer v4 ,kerr-,mc,gee1 et al4 1 ,no4 ,d-#accc-;,,cv-#aihc-jjaij and ,no4 ,d-#accc-;,,cv-#aihc-jjbbj 7consolidated7 pending1 as of the date of enactment of this ,act1 in the ,decree ,court4 7#c7 ,agreement ,the term ,agreement means-- 7,a7 the addendum dated ,june #aa1 #bjbd1 to1 and as provided in ,article #ag of1 the document entitled ,rio ,san ,jos ,stream ,system ,water ,rights ,local ,settlement ,agreement ,among the ,pueblo of ,acoma1 the ,pueblo of ,laguna1 the ,navajo ,nation1 the ,state of ,new ,mexico1 the ,city of ,grants1 the ,village of ,milan1 the ,association of ,community ,ditches of the ,rio ,san ,jos and ,nine ,individual ,acequias and ,community ,ditches and dated ,may #ac1 #bjbb1 and the attachments thereto and to the addendum2 and 7,b7 any amendment to the documents referred to in subparagraph 7,a7 7including an amendment to an attachment7 that is executed to ensure that the ,agreement is consistent with this ,act4 7#d7 ,allotment ,the term ,allotment means a parcel of land that is-- 7,a7 located within-- 7i7 the ,rio ,puerco ,basin2 or 7ii7 the ,rio ,san ,jos ,stream ,system2 and 7,b7 held in trust by the ,united ,states for the benefit of-- 7i7 #a or more individual ,indians2 or 7ii7 an ,indian ,tribe holding an undivided fractional beneficial interest4 7#e7 ,allottee ,the term ,allottee means-- 7,a7 an individual ,indian holding a beneficial interest in an ,allotment2 or 7,b7 an ,indian ,tribe holding an undivided fractional beneficial interest in an ,allotment4 7#f7 ,decree court ,the term ,decree ,court means the ,thirteenth ,judicial ,district ,court of the ,state of ,new ,mexico4 7#g7 ,enforceability ,date ,the term ,enforceability ,date means the date described in section #h4 7#h7 ,navajo ,nation2 ,navajo2 ,nation 7,a7 ,in general ,the terms ,navajo ,nation1 ,navajo1 and ,nation mean the body politic and federally recognized ,indian nation1 as published on the list required 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 ,nation of ,arizona1 ,new ,mexico1 ,utah1 and the ,navajo ,nation of ,indians and other similar names4 7,b7 ,inclusions ,the terms ,navajo ,nation1 ,navajo1 and ,nation include all bands of ,navajo ,indians and chapters of the ,navajo ,nation and all divisions1 agencies1 officers1 and agents thereof4 7#i7 ,navajo nation lands2 ,navajo lands 7,a7 ,in general ,the terms ,navajo ,nation ,lands and ,navajo ,lands mean any real property-- 7i7 in the ,rio ,san ,jos ,stream ,system that is held by the ,united ,states in trust for the ,navajo ,nation1 or owned by the ,navajo ,nation1 as of the ,enforceability ,date2 or 7ii7 in the ,rio ,puerco ,basin that is held by the ,united ,states in trust for the ,navajo ,nation1 or owned by the ,navajo ,nation1 as of the ,enforceability ,date4 7,b7 ,inclusions ,the terms ,navajo ,nation ,lands and ,navajo ,lands include land placed in trust with the ,united ,states subsequent to the ,enforceability ,date for the ,navajo ,nation in the ,rio ,san ,jos ,stream ,system and in the ,rio ,puerco ,basin4 7,c7 ,exclusion ,the terms ,navajo ,nation ,lands and ,navajo ,lands do not include ,allotments4 7#aj7 ,navajo nation water code ,the term ,navajo ,nation ,water ,code means the water code enacted in #aihd by the ,navajo ,nation ,council through ,resolution ,,cau-#cd-hd4 7#bb ,n4,n4,c4 #aaja et seq474 7#aa7 ,navajo nation water use permit ,the term ,navajo ,nation ,water ,use ,permit means a document specifying terms and conditions for diversion and use of water on ,navajo ,nation ,lands issued by the ,navajo ,nation within the scope of its authority under the ,navajo ,nation ,water ,code and the ,settlement ,agreement4 7#ab7 ,navajo nation's water rights 7,a7 ,in general ,the term ,navajo ,nation's ,water ,rights means-- 7i7 the water rights of the ,navajo ,nation in the ,rio ,san ,jos ,stream ,system-- 7,i7 as identified in the ,agreement and section #e2 and 7,,ii7 as confirmed in the ,navajo ,partial ,final ,judgment and ,decree2 and 7ii7 the water rights of the ,navajo ,nation in the ,rio ,puerco ,basin1 as identified in the ,agreement and section #e4 7,b7 ,exclusions ,the term ,navajo ,nation's ,water ,rights does not include-- 7i7 any interest that the ,nation may have in an ,allotment that is determined by the ,secretary to be patented pursuant to section #a of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chh1 chapter #aai2 #be ,u4,s4,c4 #cca7 7as in effect on the day before the date of enactment of the ,indian ,land ,consolidation ,act ,amendments of #bjjj 7,public ,law #ajf-dfb2 #aad ,stat4 #aiia772 or 7ii7 any undivided interest that the ,nation may have in an ,allotment that is determined by the ,secretary to be patented pursuant to an authority other than section #a of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chh1 chapter #aai2 #be ,u4,s4,c4 #cca7 7as in effect on the day before the date of enactment of the ,indian ,land ,consolidation ,act ,amendments of #bjjj 7,public ,law #ajf-dfb2 #aad ,stat4 #aiia774 7#ac7 ,navajo partial final judgment and decree ,the term ,navajo ,partial ,final ,judgment and ,decree means a final or interlocutory partial final judgment and decree entered by the ,decree ,court with respect to the ,navajo ,nation's ,water ,rights-- 7,a7 that is substantially in the form described in ,article #ag4ad4g4b of the ,agreement1 as amended to ensure consistency with this ,act2 and 7,b7 from which no further appeal may be taken4 7#ad7 ,navajo trust fund ,the term ,navajo ,trust ,fund means the ,navajo ,nation ,rio ,san ,jos ,settlement ,trust ,fund established under section #f7;a74 7#ae7 ,rio puerco basin ,the term ,rio ,puerco ,basin means the area defined by the ,united ,states ,geological ,survey ,hydrologic ,unit ,codes 7,,huc7 #acjbjbjd 7,rio ,puerco subbasin7 and #acjbjbje 7,arroyo ,chico subbasin71 including the hydrologically connected groundwater4 7#af7 ,rio san jos stream system ,the term ,rio ,san ,jos ,stream ,system means the geographic extent of the area involved in the ,adjudication pursuant to the description filed in the ,decree ,court on ,november #ba1 #aihf4 7#ag7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ah7 ,signatory acequia ,the term ,signatory ,acequia means an acequia that is a signatory to the ,agreement4 7#ai7 ,state ,the term ,state means the ,state of ,new ,mexico and all officers1 agents1 departments1 and political subdivisions of the ,state of ,new ,mexico4 #d4 ,ratification of ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this ,act1 and to the extent that the ,agreement does not conflict with this ,act1 the ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment to the ,agreement1 or any attachment to the ,agreement requiring the signature of the ,secretary1 is executed in accordance with this ,act to make the ,agreement consistent with this ,act1 the amendment is authorized1 ratified1 and confirmed4 7b7 ,execution 7#a7 ,in general ,to the extent that the ,agreement does not conflict with this ,act1 the ,secretary shall execute the ,agreement1 including all attachments to1 or parts of1 the ,agreement requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this ,act prohibits the ,secretary1 after execution of the ,agreement1 from approving any modification to the ,agreement1 including an attachment to the ,agreement1 that is consistent with this ,act1 to the extent that the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable provision of ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,agreement and this ,act1 the ,secretary shall comply with-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7,c7 all other applicable ,federal environmental laws and regulations4 7#b7 ,compliance 7,a7 ,in general ,in implementing the ,agreement and this ,act1 the ,navajo ,nation shall prepare any necessary environmental documents1 consistent with-- 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 seq471 including the implementing regulations of that ,act2 and 7iii7 all other applicable ,federal environmental laws and regulations4 7,b7 ,authorizations ,the ,secretary shall-- 7i7 independently evaluate the documentation required under subparagraph 7,a72 and 7ii7 be responsible for the accuracy1 scope1 and contents of that documentation4 7#c7 ,effect of execution ,the execution of the ,agreement by the ,secretary under this section shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,costs ,any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the ,navajo ,trust ,fund or other sources of funding from the ,navajo ,nation1 subject to the condition that any costs associated with the performance of ,federal approval or other review of such compliance work or costs associated with inherently ,federal functions shall remain the responsibility of the ,secretary4 #e4 ,navajo ,nation's ,water ,rights 7a7 ,trust status of navajo nation's water rights ,the ,navajo ,nation's ,water ,rights shall be held in trust by the ,united ,states on behalf of the ,nation in accordance with the ,agreement and this ,act4 7b7 ,forfeiture and abandonment 7#a7 ,in general ,the ,navajo ,nation's ,water ,rights shall not be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law4 7#b7 ,state-law based water rights ,state-law based water rights acquired by the ,navajo ,nation1 or by the ,united ,states on behalf of the ,nation1 after the date for inclusion in the ,navajo ,partial ,final ,judgment and ,decree1 shall not be subject to forfeiture1 abandonment1 or permanent alienation from the time they are acquired4 7c7 ,use ,any use of the ,navajo ,nation's ,water ,rights shall be subject to the terms and conditions of the ,agreement and this ,act4 7d7 ,allotment rights not included ,consistent with section #ac1 the ,navajo ,nation's ,water ,rights shall not include any water rights for an ,allotment1 subject to the condition that the ,navajo ,nation may allow use of the ,navajo ,nation's ,water ,rights on an ,allotment subject to the terms and conditions of the ,agreement and this ,act4 7e7 ,allottees not adversely affected ,nothing in this ,act quantifies or diminishes any water right1 or any claim or entitlement to water1 of an ,allottee4 7f7 ,allottee water rights ,the ,nation shall not object in any general stream adjudication1 including the ,adjudication1 to the quantification of reasonable domestic1 stock1 and irrigation water uses on an ,allotment1 and shall administer any water use in accordance with applicable ,federal law1 including recognition of-- 7#a7 any water use existing on an ,allotment as of the date of enactment of this ,act2 7#b7 reasonable domestic1 stock1 and irrigation water uses on an ,allotment2 and 7#c7 any water right decreed to the ,united ,states in trust for an ,allottee in a general stream adjudication1 including the ,adjudication1 for use on an ,allotment4 7g7 ,authority of the navajo nation 7#a7 ,use on ,navajo lands ,the ,navajo ,nation shall have the authority to allocate1 distribute1 and lease the ,navajo ,nation's ,water ,rights for use on ,navajo ,lands in accordance with the ,agreement1 this ,act1 and applicable ,federal law1 including the first section of the ,act of ,august #i1 #aiee 7#fi ,stat4 #eci1 chapter #fae2 #be ,u4,s4,c4 #dae7 7commonly known as the ,long-,term ,leasing ,act74 7#b7 ,use off ,navajo lands 7,a7 ,in general ,the ,navajo ,nation may allocate1 distribute1 and lease the ,navajo ,nation's ,water ,rights for use off ,navajo ,lands in accordance with the ,agreement1 this ,act1 and applicable ,federal law1 subject to the approval of the ,secretary4 7,b7 ,maximum term ,the maximum term of any lease1 including all renewals1 under this paragraph shall not exceed #ii years4 7h7 ,administration 7#a7 ,no alienation ,the ,navajo ,nation shall not permanently alienate any portion of the ,navajo ,nation's ,water ,rights4 7#b7 ,purchases or grants of land from indians ,an authorization provided by this ,act for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this ,act shall be considered to satisfy any requirement for authorization of the action required by ,federal law4 7#c7 ,prohibition on forfeiture ,the non-use of all or any portion of the ,navajo ,nation's ,water ,rights by any water user shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all or any portion of the ,navajo ,nation's ,water ,rights4 7#d7 ,forbearance by navajo nation for non-stock water rights of certain allotments ,forbearance by the ,navajo ,nation in accordance with ,article #ag4ac4d of the ,agreement-- 7,a7 shall be considered non-use for purposes of paragraph 7#c72 and 7,b7 shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of any portion of the ,navajo ,nation's ,water ,rights4 #f4 ,navajo ,nation ,rio ,san ,jos ,settlement ,trust ,fund 7a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,navajo ,nation ,rio ,san ,jos ,water ,rights ,settlement ,trust ,fund1 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury1 consisting of the amounts deposited in the ,navajo ,trust ,fund under subsection 7c71 together with any investment earnings1 including interest1 earned on those amounts1 for the purpose of carrying out this ,act4 7b7 ,accounts ,the ,secretary shall establish in the ,navajo ,trust ,fund the following accounts3 7#a7 ,the ,navajo ,nation ,water ,rights ,settlement ,account4 7#b7 ,the ,navajo ,nation ,operations and ,maintenance ,account4 7c7 ,deposits ,the ,secretary shall deposit in the ,navajo ,trust ,fund the amounts made available pursuant to section #g7;a74 7d7 ,management and interest 7#a7 ,management ,on receipt and deposit of funds into the ,navajo ,trust ,fund under subsection 7c71 the ,secretary shall manage1 invest1 and distribute all amounts in the ,navajo ,trust ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7,a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7,b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7,c7 this subsection4 7#b7 ,investment earnings ,in addition to the deposits made to the ,navajo ,trust ,fund under subsection 7c71 any investment earnings1 including interest1 earned on those amounts held in the ,navajo ,trust ,fund are authorized to be used in accordance with subsections 7f7 and 7h74 7e7 ,availability of amounts 7#a7 ,in general ,amounts appropriated to1 and deposited in1 the ,navajo ,trust ,fund1 including any investment earnings1 including interest1 earned on those amounts1 shall be made available to the ,nation by the ,secretary beginning on the ,enforceability ,date1 subject to the requirements of this section1 except for funds to be made available to the ,nation pursuant to paragraph 7#b74 7#b7 ,use of funds ,notwithstanding paragraph 7#a71 up to #ae1jjj1jjj of the amounts deposited in the ,navajo ,nation ,water ,rights ,settlement ,account1 including any investment earnings1 including interest1 earned on those amounts1 shall be available to the ,nation on the date on which the amounts are deposited in the ,navajo ,nation ,water ,rights ,settlement ,account for the following uses3 7,a7 ,feasibility studies1 planning1 engineering1 design1 and related environmental1 cultural1 and historical compliance1 and obtaining rights-of-way or permits for water supply infrastructure to serve ,navajo ,nation needs consistent with subsection 7h77#a77;,b74 7,b7 ,installing1 on ,navajo ,lands1 groundwater wells and associated infrastructure to meet immediate domestic1 commercial1 municipal and industrial water needs1 and associated environmental1 cultural1 and historical compliance4 7f7 ,withdrawals 7#a7 ,withdrawals under the american indian trust fund management reform act of #aiid 7,a7 ,in general ,the ,navajo ,nation may withdraw any portion of the amounts in the ,navajo ,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 7,b7 ,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 paragraph shall require that the ,nation shall spend all amounts withdrawn from the ,navajo ,trust ,fund1 and any investment earnings1 including interest1 earned on those amounts1 through the investments under the ,tribal management plan1 in accordance with this ,act4 7,c7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the ,tribal management plan under this paragraph to ensure that amounts withdrawn by the ,nation from the ,navajo ,trust ,fund under subparagraph 7,a7 are used in accordance with this ,act4 7#b7 ,withdrawals under expenditure plan 7,a7 ,in general ,the ,navajo ,nation may submit to the ,secretary a request to withdraw funds from the ,navajo ,trust ,fund pursuant to an approved expenditure plan4 7,b7 ,requirements ,to be eligible to withdraw amounts under an expenditure plan under subparagraph 7,a71 the ,nation shall submit to the ,secretary an expenditure plan for any portion of the ,navajo ,trust ,fund that the ,nation elects to withdraw pursuant to that subparagraph1 subject to the condition that the amounts shall be used for the purposes described in this ,act4 7,c7 ,inclusions ,an expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,navajo ,trust ,fund will be used by the ,nation1 in accordance with this subsection and subsection 7h74 7,d7 ,approval ,the ,secretary shall approve an expenditure plan submitted under subparagraph 7,a7 if the ,secretary determines that the plan-- 7i7 is reasonable2 and 7ii7 is consistent with1 and will be used for1 the purposes of this ,act4 7,e7 ,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 paragraph are used in accordance with this ,act4 7g7 ,effect of section ,nothing in this section gives the ,navajo ,nation the right to judicial review of a determination of the ,secretary relating to whether to approve a ,tribal management plan under paragraph 7#a7 of subsection 7f7 or an expenditure plan under paragraph 7#b7 of that subsection except under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7h7 ,uses 7#a7 ,navajo nation water rights settlement account ,the ,navajo ,nation ,water ,rights ,settlement ,account may only be used for the following purposes3 7,a7 ,acquiring water rights or water supply4 7,b7 ,planning1 permitting1 designing1 engineering1 constructing1 reconstructing1 replacing1 rehabilitating1 operating1 or repairing water production1 treatment1 or delivery infrastructure1 including for domestic and municipal use1 on-farm improvements1 or wastewater infrastructure4 7,c7 ,navajo ,nation's ,water ,rights management and administration4 7,d7 ,watershed protection and enhancement1 support of agriculture1 water-related ,navajo community welfare and economic development1 and costs relating to implementation of the ,agreement4 7,e7 ,environmental compliance in the development and construction of infrastructure under this ,act4 7#b7 ,navajo nation operations and maintenance account ,the ,navajo ,nation ,water ,infrastructure ,operations and ,maintenance ,account may only be used to pay costs for operation1 maintenance1 and replacement of water infrastructure to serve ,navajo domestic1 commercial1 municipal1 and industrial water uses from any water source4 7i7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,navajo ,trust ,fund by the ,nation under paragraph 7#a7 or 7#b7 of subsection 7f74 7j7 ,expenditure reports ,the ,navajo ,nation shall annually submit to the ,secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a ,tribal management plan or an expenditure plan under paragraph 7#a7 or 7#b7 of subsection 7f71 as applicable4 7k7 ,no per capita distributions ,no portion of the ,navajo ,trust ,fund shall be distributed on a per capita basis to any member of ,navajo ,nation4 7l7 ,title to infrastructure ,title to1 control over1 and operation of any project constructed using funds from the ,navajo ,trust ,fund shall remain in the ,navajo ,nation4 7m7 ,operation1 maintenance1 and replacement ,all operation1 maintenance1 and replacement costs of any project constructed using funds from the ,navajo ,trust ,fund shall be the responsibility of the ,nation4 #g4 ,funding 7a7 ,mandatory appropriations ,out of any money in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary the following amounts for deposit in the following accounts3 7#a7 ,the navajo nation water rights settlement account ,for deposit in the ,navajo ,nation ,water ,rights ,settlement ,account established under section #f7;b77#a71 #bjj1bga1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#b7 ,the navajo nation operations and maintenance account ,for deposit in the ,navajo ,nation ,operations and ,maintenance ,account established under section #f7;b77#b71 #bc1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7b7 ,fluctuation in costs 7#a7 ,in general ,the amounts appropriated under subsection 7a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index-,composite ,trend4 7#b7 ,construction costs adjustment ,the amounts appropriated under subsection 7a7 shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by construction cost indices1 as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7#c7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount1 as adjusted1 has been appropriated4 7#d7 ,period of indexing ,the period of indexing and adjustment under this subsection for any increment of funding shall start on ,october #a1 #bjba1 and end on the date on which funds are deposited in the ,navajo ,trust ,fund4 7c7 ,state cost-,share ,pursuant to the ,agreement1 the ,state shall contribute-- 7#a7 #c1jjj1jjj1 as adjusted for inflation pursuant to the ,agreement1 to the ,bluewater ,toltec ,irrigation ,district and ,acequia ,madre del ,ojo del ,gallo for purposes described in the ,agreement2 and 7#b7 if applicable1 additional funding subject to the provisions of ,article #ag4ab4d of the ,agreement4 #h4 ,enforceability ,date ,the ,enforceability ,date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 to the extent that the ,agreement conflicts with this ,act1 the ,agreement has been amended to conform with this ,act2 7#b7 the ,agreement1 as amended1 has been executed by all parties to the ,agreement1 including the ,united ,states2 7#c7 all of the amounts appropriated under section #g7;a7 have been appropriated and deposited in the designated accounts of the ,navajo ,trust ,fund2 7#d7 the ,state has-- 7,a7 provided #c1jjj1jjj of funding under section #g7;c77#a7 into the appropriate funding accounts or entered into a funding agreement with the intended beneficiaries for that funding2 and 7,b7 enacted legislation to amend ,state law to provide that a ,navajo ,nation ,water ,right may be leased for a term not to exceed #ii years1 including renewals2 7#e7 the ,decree ,court has approved the ,agreement and has entered the ,navajo ,partial ,final ,judgment and ,decree2 and 7#f7 the waivers and releases under section #i have been executed by the ,navajo ,nation and the ,secretary4 #i4 ,waivers and releases of claims 7a7 ,waivers and releases of claims by the navajo nation and united states as trustee for the nation ,subject to the reservation of rights and retention of claims under subsection 7d71 as consideration for recognition of the ,navajo ,nation's ,water ,rights and other benefits described in the ,agreement and this ,act1 the ,navajo ,nation1 on behalf of the ,nation and 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 shall execute a waiver and release of all claims for-- 7#a7 water rights within the ,rio ,san ,jos ,stream ,system that the ,navajo ,nation or the ,united ,states acting as trustee for the ,nation1 asserted or could have asserted in any proceeding1 including the ,adjudication1 on or before the ,enforceability ,date1 except to the extent that such rights are recognized in the ,agreement and this ,act2 and 7#b7 damages1 losses1 or injuries to water rights or claims of interference with1 diversion of1 or taking of water rights 7including claims for injury to land resulting from such damages1 losses1 injuries1 interference with1 diversion1 or taking of water rights7 in waters in the ,rio ,san ,jos ,stream ,system against any party to the ,agreement1 including the members and parciantes of ,signatory ,acequias1 that accrued at any time up to and including the ,enforceability ,date4 7b7 ,waivers and releases of claims by navajo nation against united states ,subject to the reservation of rights and retention of claims under subsection 7d71 the ,navajo ,nation1 on behalf of the ,nation 7including in its capacity as an ,allottee7 and members of the ,nation 7other than members in their capacity as ,allottees7 shall execute a waiver and release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7 first arising before the ,enforceability ,date relating to-- 7#a7 water rights within the ,rio ,san ,jos ,stream ,system that the ,united ,states1 acting as trustee for the ,navajo ,nation1 asserted or could have asserted in any proceeding1 including the ,adjudication1 except to the extent that such rights are recognized as part of the ,navajo ,nation's ,water ,rights under this ,act2 7#b7 foregone benefits from non-,navajo use of water1 on and off ,navajo ,lands 7including water from all sources and for all uses7 within the ,rio ,san ,jos ,stream ,system2 7#c7 damage1 loss1 or injury to water1 water rights1 land1 or natural 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 rights1 claims relating to interference with1 diversion of1 or taking of water1 or claims relating to a failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 within the ,rio ,san ,jos ,stream ,system2 7#d7 a failure to provide for operation1 maintenance1 or deferred maintenance for any irrigation system or irrigation project within the ,rio ,san ,jos ,stream ,system2 7#e7 a failure to establish or provide a municipal1 rural1 or industrial water delivery system on ,navajo ,lands within the ,rio ,san ,jos ,stream ,system2 7#f7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to construction1 operation1 and management of irrigation projects on ,navajo ,lands 7including damages1 losses1 or injuries to fish habitat1 wildlife1 and wildlife habitat7 within the ,rio ,san ,jos ,stream ,system2 7#g7 a failure to provide a dam safety improvement to a dam on ,navajo ,lands within the ,rio ,san ,jos ,stream ,system2 7#h7 the litigation of claims relating to any water right of the ,nation within the ,rio ,san ,jos ,stream ,system2 and 7#i7 the negotiation1 execution1 or adoption of the ,agreement 7including attachments7 and this ,act4 7c7 ,effective date ,the waivers and releases described in subsections 7a7 and 7b7 shall take effect on the ,enforceability ,date4 7d7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under subsections 7a7 and 7b71 the ,navajo ,nation and the ,united ,states1 acting as trustee for the ,nation1 shall retain all claims relating to-- 7#a7 the enforcement of1 or claims accruing after the ,enforceability ,date relating to1 water rights recognized under the ,agreement1 this ,act1 or the ,navajo ,partial ,final ,judgment and ,decree entered in the ,adjudication2 7#b7 activities affecting the quality of water and the environment1 including claims under-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including claims for damages to natural resources2 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#c7 the right to use and protect water rights acquired after the date of enactment of this ,act2 7#d7 damage1 loss1 or injury to land or natural resources that is not due to loss of water or water rights1 including hunting1 fishing1 gathering1 or cultural rights2 7#e7 all claims for water rights1 and claims for injury to water rights1 in basins other than the ,rio ,san ,jos ,stream ,system1 subject to the ,agreement with respect to the claims of the ,navajo ,nation for water rights in the ,rio ,puerco ,basin2 and 7#f7 all rights1 remedies1 privileges1 immunities1 powers1 and claims not specifically waived and released pursuant to this ,act or the ,agreement4 7e7 ,effect of agreement and act ,nothing in the ,agreement or this ,act-- 7#a7 reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity1 except as provided in section #aa2 7#b7 affects the ability of the ,united ,states1 as a sovereign1 to carry out any activity authorized by law1 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 7,d7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 and 7,e7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,d72 7#c7 affects the ability of the ,united ,states to act as trustee for the ,navajo ,nation 7consistent with this ,act71 any other ,indian ,tribe1 or an ,allottee of any other ,indian ,tribe2 7#d7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law relating to health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or any other party under ,federal law regarding health1 safety1 or the environment2 or 7,c7 to conduct judicial review of any ,federal agency action2 or 7#e7 waives any claim of a member of the ,navajo ,nation in an individual capacity that does not derive from a right of the ,navajo ,nation4 7f7 ,offset relating to rio puerco ,the ,united ,states shall be entitled to offset #bj1jjj1jjj against-- 7#a7 any judgment against the ,united ,states for claims relating to water rights in the ,rio ,puerco ,basin1 including breach of trust and damage claims relating to water rights in the ,rio ,puerco ,basin1 in a case brought by the ,nation or any user of the ,navajo ,nation's ,water ,rights2 or 7#b7 a ,federal contribution to any future settlement of water rights of the ,navajo ,nation in the ,rio ,puerco ,basin4 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 limitation or any time-based equitable defense under any other applicable law4 7h7 ,expiration 7#a7 ,in general ,this ,act shall expire in any case in which the ,secretary fails to publish a statement of findings under section #h by not later than-- 7,a7 ,july #a1 #bjcj2 or 7,b7 such alternative later date as is agreed to by the ,navajo ,nation and the ,secretary1 after providing reasonable notice to the ,state4 7#b7 ,consequences ,if this ,act expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsections 7a7 and 7b7 shall-- 7i7 expire2 and 7ii7 have no further force or effect2 7,b7 the authorization1 ratification1 confirmation1 and execution of the ,agreement under section #d shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into1 pursuant to this ,act shall be void2 7,d7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this ,act1 together with any interest earned on those funds1 and any water rights or contracts to use water and title to other property acquired or constructed with ,federal funds appropriated or made available to carry out the activities authorized by this ,act1 shall be returned to the ,federal ,government1 unless otherwise agreed to by ,navajo ,nation and the ,united ,states and approved by ,congress2 and 7,e7 except for ,federal funds used to acquire or construct property that is returned to the ,federal ,government under subparagraph 7,d71 the ,united ,states shall be entitled to offset any ,federal funds made available to carry out this ,act that were expended or withdrawn1 or any funds made available to carry out this ,act from other ,federal authorized sources1 together with any interest accrued on those funds1 against any claims against the ,united ,states-- 7i7 relating to water rights in the ,state asserted by-- 7,i7 the ,nation or any user of the ,navajo ,nation's ,water ,rights2 or 7,,ii7 any other matter covered by subsection 7b72 or 7ii7 in any future settlement of water rights of the ,navajo ,nation4 #aj4 ,satisfaction of claims ,the benefits provided under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of any claim of the ,navajo ,nation against the ,united ,states that are waived and released by the ,nation pursuant to section #i7;b74 #aa4 ,consent of ,united ,states to jurisdiction for judicial review of a ,navajo ,nation ,water ,use ,permit decision 7a7 ,consent ,on the ,enforceability ,date1 the consent of the ,united ,states is hereby given1 with the consent of the ,navajo ,nation under ,article #ag4ad4d of the ,agreement1 to jurisdiction in the ,district ,court for the ,thirteenth ,judicial ,district of the ,state of ,new ,mexico1 and in the ,new ,mexico ,court of ,appeals and the ,new ,mexico ,supreme ,court on appeal therefrom in the same manner as provided under ,new ,mexico law1 over an action filed in such ,district ,court by any party to a ,navajo ,nation ,water ,use ,permit administrative proceeding under ,article #ag4aj4d of the ,agreement for the limited and sole purpose of judicial review of a ,navajo ,nation ,water ,use ,permit decision under ,article #ag4aj4e of the ,agreement4 7b7 ,limitation ,the consent of the ,united ,states for review of a ,navajo ,nation ,water ,use ,permit is limited to judicial review1 based on the record developed through the administrative process of the ,navajo ,nation1 under a standard of judicial review limited to determining whether the ,navajo ,nation decision on the application for the ,navajo ,nation ,water ,use ,permit-- 7#a7 is supported by substantial evidence2 7#b7 is not arbitrary1 capricious1 or contrary to law2 7#c7 is not in accordance with the ,agreement or the ,navajo ,partial ,final ,judgment and ,decree2 or 7#d7 shows that the ,navajo ,nation acted fraudulently or outside the scope of its authority4 7c7 ,navajo nation water code and interpretation 7#a7 ,in general ,navajo ,nation ,water ,code or ,navajo ,water ,law provisions that meet the requirements of ,article #ag4aj of the ,agreement shall be given full faith and credit in any proceeding described in this section4 7#b7 ,provisions of the navajo nation water code ,to the extent that a ,state court conducting judicial review under this section must interpret provisions of ,navajo ,nation law that are not express provisions of the ,navajo ,nation ,water ,code or ,navajo ,nation water law1 the ,state court shall certify the question of interpretation to the ,navajo ,nation court4 7#c7 ,no certification ,any issues of interpretation of standards in ,article #ag4aj4f of the ,agreement are not subject to certification4 7#d7 ,limitation ,nothing in this section limits the jurisdiction of the ,decree ,court to interpret and enforce the ,agreement4 #ab4 ,miscellaneous provisions 7a7 ,no waiver of sovereign immunity by the united states ,nothing in this ,act waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this ,act quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of an ,indian ,tribe1 band1 ,pueblo1 or community other than the ,navajo ,nation4 7c7 ,effect on current law ,nothing in this ,act affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to pre-enforcement review of any ,federal environmental enforcement action4 7d7 ,conflict ,in the event of a conflict between the ,agreement and this ,act1 this ,act shall control4 #ac4 ,relation to ,allottees 7a7 ,no effect on claims of allottees ,nothing in this ,act 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 relating to land allotted by the ,united ,states to ,allottees4 7b7 ,relationship of decree to allottees 7#a7 ,separate adjudication ,notwithstanding whether an ,allotment is patented pursuant to section #a of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chh1 chapter #aai2 #be ,u4,s4,c4 #cca7 7as in effect on the day before the date of enactment of the ,indian ,land ,consolidation ,act ,amendments of #bjjj 7,public ,law #ajf-dfb2 #aad ,stat4 #aiia77 or section #d of that ,act 7#bd ,stat4 #chi1 chapter #aai2 #be ,u4,s4,c4 #ccd71 as determined by the ,secretary1 when adjudicated-- 7,a7 water rights for ,allotments shall be separate from the ,navajo ,nation's ,water ,rights2 and 7,b7 no water rights for ,allotments shall be included in the ,navajo ,partial ,final ,judgment and ,decree4 7#b7 ,allotment water rights ,the ,allotment water rights adjudicated separately pursuant to paragraph 7#a7 shall not be subject to the restrictions or conditions that apply to the use of the ,navajo ,nation's ,water ,rights1 subject to the condition that if an ,allotment governed by the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chh1 chapter #aai7 becomes ,navajo ,nation ,lands1 the water rights associated with that ,allotment shall be subject to the restrictions and conditions on the ,navajo ,nation's ,water ,rights set forth in this ,act and the ,agreement4 7#c7 ,allottee water rights to be adjudicated ,allottees1 or the ,united ,states1 acting in its capacity as trustee for ,allottees1 may make water rights claims1 and those claims may be adjudicated in the ,rio ,san ,jos ,stream ,system or the ,rio ,puerco ,basin4 #ad4 ,expansion of ,navajo-,gallup ,water ,supply ,project service area 7a7 ,definition of ,project ,in this section1 the term ,project means the ,navajo-,gallup ,water ,supply ,project authorized under section #ajfjb of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #acgi74 7b7 ,expansion of ,project service area authorized ,the ,nation may expand the service area for the ,project in order to deliver water supply from the ,project to communities of the ,nation within the ,rio ,san ,jos ,basin in the ,state4 7c7 ,approval of final design for expansion ,if water will be supplied from facilities of the ,project to the ,rio ,san ,jos ,basin at a time when the ,bureau of ,reclamation still holds title to those facilities1 the ,navajo ,nation shall-- 7#a7 obtain approval1 in writing1 from the ,commissioner of ,reclamation for the final design of the connection and related facilities needed to connect the extension into the ,rio ,san ,jos area from those facilities2 and 7#b7 coordinate construction of the connection and related facilities with the ,commissioner of ,reclamation4 #ae4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this ,act1 including any obligation or activity under the ,agreement1 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this ,act4