[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1207 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 182
116th CONGRESS
  1st Session
                                S. 1207

                          [Report No. 116-79]

  To approve the settlement of the water rights claims of the Navajo 
                Nation in Utah, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2019

   Mr. Romney (for himself, Ms. Sinema, Ms. McSally, and Ms. Warren) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

                           September 9, 2019

               Reported by Mr. Hoeven, without amendment

_______________________________________________________________________

                                 A BILL


 
  To approve the settlement of the water rights claims of the Navajo 
                Nation in Utah, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Navajo Utah Water Rights Settlement 
Act of 2019''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        all claims to water rights in the State of Utah for--
                    (A) the Navajo Nation; and
                    (B) the United States, for the benefit of the 
                Nation;
            (2) to authorize, ratify, and confirm the Agreement entered 
        into by the Nation and the State, to the extent that the 
        Agreement is consistent with this Act;
            (3) to authorize and direct the Secretary--
                    (A) to execute the Agreement; and
                    (B) to take any actions necessary to carry out the 
                agreement in accordance with this Act; and
            (4) to authorize funds necessary for the implementation of 
        the Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``agreement'' means--
                    (A) the document entitled ``Navajo Utah Water 
                Rights Settlement Agreement'' dated December 14, 2015, 
                and the exhibits attached thereto; and
                    (B) any amendment or exhibit to the document or 
                exhibits referenced in subparagraph (A) to make the 
                document or exhibits consistent with this Act.
            (2) Allotment.--The term ``allotment'' means a parcel of 
        land--
                    (A) granted out of the public domain that is--
                            (i) located within the exterior boundaries 
                        of the Reservation; or
                            (ii) Bureau of Indian Affairs parcel number 
                        792 634511 in San Juan County, Utah, consisting 
                        of 160 acres located in Township 41S, Range 
                        20E, sections 11, 12, and 14, originally set 
                        aside by the United States for the benefit of 
                        an individual identified in the allotting 
                        document as a Navajo Indian; and
                    (B) held in trust by the United States--
                            (i) for the benefit of an individual, 
                        individuals, or an Indian Tribe other than the 
                        Navajo Nation; or
                            (ii) in part for the benefit of the Navajo 
                        Nation as of the enforceability date.
            (3) Allottee.--The term ``allottee'' means an individual or 
        Indian Tribe with a beneficial interest in an allotment held in 
        trust by the United States.
            (4) 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 8(a).
            (5) General stream adjudication.--The term ``general stream 
        adjudication'' means the adjudication pending, as of the date 
        of enactment, in the Seventh Judicial District in and for Grand 
        County, State of Utah, commonly known as the ``Southeastern 
        Colorado River General Adjudication'', Civil No. 810704477, 
        conducted pursuant to State law.
            (6) Injury to water rights.--The term ``injury to water 
        rights'' means an interference with, diminution of, or 
        deprivation of water rights under Federal or State law, 
        excluding injuries to water quality.
            (7) Member.--The term ``member'' means any person who is a 
        duly enrolled member of the Navajo Nation.
            (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
        ``Nation'' means a body politic and federally recognized Indian 
        nation, as published on the list established under section 
        104(a) of the Federally Recognized Indian Tribe List Act of 
        1994 (25 U.S.C. 5131(a)), also known variously as the ``Navajo 
        Nation'', the ``Navajo Nation of Arizona, New Mexico, & Utah'', 
        and the ``Navajo Nation of Indians'' and other similar names, 
        and includes all bands of Navajo Indians and chapters of the 
        Navajo Nation and all divisions, agencies, officers, and agents 
        thereof.
            (9) Navajo water development projects.--The term ``Navajo 
        water development projects'' means projects for domestic 
        municipal water supply, including distribution infrastructure, 
        and agricultural water conservation, to be constructed, in 
        whole or in part, using monies from the Navajo Water 
        Development Projects Account.
            (10) Navajo water rights.--The term ``Navajo water rights'' 
        means the Nation's water rights in Utah described in the 
        agreement and this Act.
            (11) OM&R.--The term ``OM&R'' means operation, maintenance, 
        and replacement.
            (12) Parties.--The term ``parties'' means the Navajo 
        Nation, the State, and the United States.
            (13) Reservation.--The term ``Reservation'' means, for 
        purposes of the agreement and this Act, the Reservation of the 
        Navajo Nation in Utah as in existence on the date of enactment 
        of this Act and depicted on the map attached to the agreement 
        as Exhibit A, 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 
        date.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the United States Department of the Interior or a duly 
        authorized representative thereof.
            (15) State.--The term ``State'' means the State of Utah and 
        all officers, agents, departments, and political subdivisions 
        thereof.
            (16) United states.--The term ``United States'' means the 
        United States of America and all departments, agencies, 
        bureaus, officers, and agents thereof.
            (17) United states acting in its trust capacity.--The term 
        ``United States acting in its trust capacity'' means the United 
        States acting for the benefit of the Navajo Nation or for the 
        benefit of allottees.

SEC. 4. RATIFICATION OF AGREEMENT.

    (a) Approval by Congress.--Except to the extent that any provision 
of the agreement conflicts with this Act, Congress approves, ratifies, 
and confirms the agreement (including any amendments to the agreement 
that are executed to make the agreement consistent with this Act).
    (b) 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 Act, including--
            (1) any exhibits to the agreement requiring the signature 
        of the Secretary; and
            (2) any amendments to the agreement necessary to make the 
        agreement consistent with this Act.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the agreement and this 
        Act, the Secretary shall comply with all applicable provisions 
        of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (C) all other applicable environmental laws and 
                regulations.
            (2) Execution of the agreement.--Execution of the agreement 
        by the Secretary as provided for in this Act shall not 
        constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 5. NAVAJO WATER RIGHTS.

    (a) Confirmation of Navajo Water Rights.--
            (1) Quantification.--The Navajo Nation shall have the right 
        to use water from water sources located within Utah and 
        adjacent to or encompassed within the boundaries of the 
        Reservation resulting in depletions not to exceed 81,500 acre-
        feet annually as described in the agreement and as confirmed in 
        the decree entered by the general stream adjudication court.
            (2) Satisfaction of allottee rights.--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 agreement, including recognition of--
                    (A) any water use existing on an allotment as of 
                the date of enactment of this Act and as subsequently 
                reflected in the hydrographic survey report referenced 
                in section 7(b);
                    (B) reasonable domestic and stock water uses put 
                into use on an allotment; and
                    (C) any allotment water rights that may be decreed 
                in the general stream adjudication or other appropriate 
                forum.
            (3) 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 agreement.
            (4) In general.--The Navajo water rights are ratified, 
        confirmed, and declared to be valid.
            (5) Use.--Any use of the Navajo water rights shall be 
        subject to the terms and conditions of the agreement and this 
        Act.
            (6) Conflict.--In the event of a conflict between the 
        agreement and this Act, the provisions of this Act shall 
        control.
    (b) Trust Status of Navajo Water Rights.--The Navajo water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Nation in accordance with the agreement and 
        this Act; and
            (2) shall not be subject to forfeiture or abandonment.
    (c) Authority of the Nation.--
            (1) In general.--The Nation shall have the authority to 
        allocate, distribute, and lease the Navajo water rights for any 
        use on the Reservation in accordance with the agreement, this 
        Act, and applicable Tribal and Federal law.
            (2) Off-reservation use.--The Nation may allocate, 
        distribute, and lease the Navajo water rights for off-
        Reservation use in accordance with the agreement, subject to 
        the approval of the Secretary.
            (3) Allottee water rights.--The Nation shall not object in 
        the general stream adjudication or other applicable forum to 
        the quantification of reasonable domestic and stock water uses 
        on an allotment, and shall administer any water use on the 
        Reservation in accordance with applicable Federal law, 
        including recognition of--
                    (A) any water use existing on an allotment as of 
                the date of enactment of this Act and as subsequently 
                reflected in the hydrographic survey report referenced 
                in section 7(b);
                    (B) reasonable domestic and stock water uses on an 
                allotment; and
                    (C) any allotment water rights decreed in the 
                general stream adjudication or other appropriate forum.
    (d) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
            (1) authorizes any action by the Nation against the United 
        States under Federal, State, Tribal, or local law; or
            (2) alters or affects the status of any action brought 
        pursuant to section 1491(a) of title 28, United States Code.

SEC. 6. NAVAJO TRUST ACCOUNTS.

    (a) Establishment.--The Secretary shall establish a trust fund, to 
be known as the ``Navajo Utah Settlement Trust Fund'' (referred to in 
this Act as the ``Trust Fund''), to be managed, invested, and 
distributed by the Secretary and to remain available until expended, 
consisting of the amounts deposited in the Trust Fund under subsection 
(c), together with any interest earned on those amounts, for the 
purpose of carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Trust Fund the 
following Accounts:
            (1) The Navajo Water Development Projects Account.
            (2) The Navajo OM&R Account.
    (c) Deposits.--The Secretary shall deposit in the Trust Fund 
Accounts--
            (1) in the Navajo Water Development Projects Account, the 
        amounts made available pursuant to section 7(a)(1); and
            (2) in the Navajo OM&R Account, the amount made available 
        pursuant to section 7(a)(2).
    (d) Management and Interest.--
            (1) Management.--Upon receipt and deposit of the funds into 
        the Trust Fund Accounts, the Secretary shall manage, invest, 
        and distribute all amounts in the Trust Fund in a manner that 
        is consistent with the investment authority of the Secretary 
        under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this section.
            (2) Investment earnings.--In addition to the deposits under 
        subsection (c), any investment earnings, including interest, 
        credited to amounts held in the Trust Fund are authorized to be 
        appropriated to be used in accordance with the uses described 
        in subsection (h).
    (e) Availability of Amounts.--Amounts appropriated to, and 
deposited in, the Trust Fund, including any investment earnings, shall 
be made available to the Nation by the Secretary beginning on the 
enforceability date and subject to the uses and restrictions set forth 
in this section.
    (f) Withdrawals.--
            (1) Withdrawals under the american indian trust fund 
        management reform act of 1994.--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 1994 (25 U.S.C. 4001 et seq.).
                    (A) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
                management plan under this paragraph shall require that 
                the Nation shall spend all amounts withdrawn from the 
                Trust Fund and any investment earnings accrued through 
                the investments under the Tribal management plan in 
                accordance with this Act.
                    (B) 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 paragraph are 
                used in accordance with this Act.
            (2) Withdrawals under expenditure plan.--The Nation may 
        submit to the Secretary a request to withdraw funds from the 
        Trust Fund pursuant to an approved expenditure plan.
                    (A) Requirements.--To be eligible to withdraw funds 
                under an expenditure plan under this paragraph, the 
                Nation shall submit to the Secretary for approval an 
                expenditure plan for any portion of the Trust Fund that 
                the Nation elects to withdraw pursuant to this 
                paragraph, subject to the condition that the funds 
                shall be used for the purposes described in this Act.
                    (B) Inclusions.--An expenditure plan under this 
                paragraph shall include a description of the manner and 
                purpose for which the amounts proposed to be withdrawn 
                from the Trust Fund will be used by the Nation, in 
                accordance with subsections (c) and (h).
                    (C) Approval.--On receipt of an expenditure plan 
                under this paragraph, the Secretary shall approve the 
                plan, if the Secretary determines that the plan--
                            (i) is reasonable;
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act; and
                            (iii) contains a schedule which described 
                        that tasks will be completed within 18 months 
                        of receipt of withdrawn amounts.
                    (D) 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 Act.
    (g) Effect of Title.--Nothing in this Act 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 5, and chapter 7, of title 5, 
United States Code (commonly known as the ``Administrative Procedure 
Act'').
    (h) Uses.--Amounts from the Trust Fund shall be used by the Nation 
for the following purposes:
            (1) The Navajo Water Development Projects Account shall be 
        used to plan, design, and construct the Navajo water 
        development projects and for the conduct of related activities, 
        including to comply with Federal environmental laws.
            (2) The Navajo OM&R Account shall be used for the 
        operation, maintenance, and replacement of the Navajo water 
        development projects.
    (i) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Trust Fund by the Nation under subsection (f).
    (j) No Per Capita Distributions.--No portion of the Trust Fund 
shall be distributed on a per capita basis to any member of the Nation.
    (k) Expenditure Reports.--The Navajo Nation shall submit to the 
Secretary annually an expenditure report describing accomplishments and 
amounts spent from use of withdrawals under a Tribal management plan or 
an expenditure plan as described in this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to the 
Secretary--
            (1) for deposit in the Navajo Water Development Projects 
        Account of the Trust Fund established under section 6(b)(1), 
        $198,300,000, which funds shall be retained until expended, 
        withdrawn, or reverted to the general fund of the Treasury; and
            (2) for deposit in the Navajo OM&R Account of the Trust 
        Fund established under section 6(b)(2), $11,100,000, which 
        funds shall be retained until expended, withdrawn, or reverted 
        to the general fund of the Treasury.
    (b) Implementation Costs.--There is authorized to be appropriated 
non-trust funds in the amount of $1,000,000 to assist the United States 
with costs associated with the implementation of the Act, including the 
preparation of a hydrographic survey of historic and existing water 
uses on the Reservation and on allotments.
    (c) State Cost Share.--The State shall contribute $8,000,000 
payable to the Secretary for deposit into the Navajo Water Development 
Projects Account of the Trust Fund established under section 6(b)(1) in 
installments in each of the 3 years following the execution of the 
agreement by the Secretary as provided for in subsection (b) of section 
4.
    (d) Fluctuation in Costs.--The amount authorized to be appropriated 
under subsection (a) shall be increased or decreased, as appropriate, 
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 Trend.
            (1) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (2) 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 Fund.

SEC. 8. CONDITIONS PRECEDENT.

    (a) In General.--The waivers and release contained in section 9 of 
this Act shall become effective as of the date the Secretary causes to 
be published in the Federal Register a statement of findings that--
            (1) to the extent that the agreement conflicts with the 
        Act, the agreement has been revised to conform with this Act;
            (2) the agreement, so revised, including waivers and 
        releases of claims set forth in section 9, has been executed by 
        the parties, including the United States;
            (3) Congress has fully appropriated, or the Secretary has 
        provided from other authorized sources, all funds authorized 
        under subsection (a) of section 7;
            (4) the State has enacted any necessary legislation and 
        provided the funding required under the agreement and 
        subsection (c) of section 7; and
            (5) the court has entered a final or interlocutory decree 
        that--
                    (A) confirms the Navajo water rights consistent 
                with the agreement and this Act; and
                    (B) with respect to the Navajo water rights, is 
                final and nonappealable.
    (b) Expiration Date.--If all the conditions precedent described in 
subsection (a) have not been fulfilled to allow the Secretary's 
statement of findings to be published in the Federal Register by 
October 31, 2030--
            (1) the agreement and this Act, including waivers and 
        releases of claims described in those documents, shall no 
        longer be effective;
            (2) any funds that have been appropriated pursuant to 
        section 7 but not expended, including any investment earnings 
        on funds that have been appropriated pursuant to such section, 
        shall immediately revert to the general fund of the Treasury; 
        and
            (3) any funds contributed by the State pursuant to 
        subsection (c) of section 7 but not expended shall be returned 
        immediately to the State.
    (c) Extension.--The expiration date set forth in subsection (b) may 
be extended if the Navajo Nation, the State, and the United States 
(acting through the Secretary) agree that an extension is reasonably 
necessary.

SEC. 9. WAIVERS AND RELEASES.

    (a) In General.--
            (1) Waiver and release of claims by the nation and the 
        united states acting in its capacity as trustee for the 
        nation.--Subject to the retention of rights set forth in 
        subsection (c), in return for confirmation of the Navajo water 
        rights and other benefits set forth in the agreement and this 
        Act, the Nation, on behalf of itself and the members of the 
        Nation (other than members in their capacity as allottees), and 
        the United States, acting as trustee for the Nation and members 
        of the Nation (other than members in their capacity as 
        allottees), are authorized and directed to execute a waiver and 
        release of--
                    (A) all claims for water rights within Utah based 
                on any and all legal theories that the Navajo Nation or 
                the United States acting in its trust capacity for the 
                Nation, asserted, or could have asserted, at any time 
                in any proceeding, including to the general stream 
                adjudication, up to and including the enforceability 
                date, except to the extent that such rights are 
                recognized in the agreement and this Act; and
                    (B) all claims for damages, losses, or injuries to 
                water rights or claims of interference with, diversion, 
                or taking of water rights (including claims for injury 
                to lands resulting from such damages, losses, injuries, 
                interference with, diversion, or taking of water 
                rights) within Utah against the State, or any person, 
                entity, corporation, or municipality, that accrued at 
                any time up to and including the enforceability date.
    (b) Claims by the Navajo Nation Against the United States.--The 
Navajo Nation, on behalf of itself (including in its capacity as 
allottee) and its members (other than members in their capacity as 
allottees), shall execute a waiver and release of--
            (1) all claims the Navajo Nation may have against the 
        United States relating in any manner to claims for water rights 
        in, or water of, Utah that the United States acting in its 
        trust capacity for the Nation asserted, or could have asserted, 
        in any proceeding, including the general stream adjudication;
            (2) all claims the Navajo Nation may have against the 
        United States relating in any manner to damages, losses, or 
        injuries to water, water rights, land, or other resources due 
        to loss of water or water rights (including damages, losses, or 
        injuries to hunting, fishing, gathering, or cultural rights due 
        to loss of water or water rights; claims relating to 
        interference with, diversion, or taking of water; or claims 
        relating to failure to protect, acquire, replace, or develop 
        water or water rights) within Utah that first accrued at any 
        time up to and including the enforceability date;
            (3) all claims the Nation may have against the United 
        States relating in any manner to the litigation of claims 
        relating to the Nation's water rights in proceedings in Utah; 
        and
            (4) all claims the Nation may have against the United 
        States relating in any manner to the negotiation, execution, or 
        adoption of the agreement or this Act.
    (c) Reservation of Rights and Retention of Claims by the Navajo 
Nation and the United States.--Notwithstanding the waivers and releases 
authorized in this Act, the Navajo Nation, and the United States acting 
in its trust capacity for the Nation, retain--
            (1) all claims for injuries to and the enforcement of the 
        agreement and the final or interlocutory decree entered in the 
        general stream adjudication, through such legal and equitable 
        remedies as may be available in the decree court or the Federal 
        District Court for the District of Utah;
            (2) all rights to use and protect water rights acquired 
        after the enforceability date;
            (3) all claims relating to activities affecting the quality 
        of water, including any claims under the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq. (including claims for damages to 
        natural resources)), the Safe Drinking Water Act (42 U.S.C. 
        300f et seq.), and the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), the regulations implementing those Acts, 
        and the common law;
            (4) all claims for water rights, and claims for injury to 
        water rights, in states other than the State of Utah;
            (5) all claims, including environmental claims, under any 
        laws (including regulations and common law) relating to human 
        health, safety, or the environment; and
            (6) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to the 
        agreement and this Act.
    (d) Effect.--Nothing in the agreement or this Act--
            (1) affects the ability of the United States acting in its 
        sovereign capacity to take actions authorized by law, including 
        any laws relating to health, safety, or the environment, 
        including the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
        and the regulations implementing those laws;
            (2) affects the ability of the United States to take 
        actions in its capacity as trustee for any other Indian Tribe 
        or allottee;
            (3) confers jurisdiction on any State court to--
                    (A) interpret Federal law regarding health, safety, 
                or the environment or determine the duties of the 
                United States or other parties pursuant to such Federal 
                law; and
                    (B) conduct judicial review of Federal agency 
                action; or
            (4) modifies, conflicts with, preempts, or otherwise 
        affects--
                    (A) the Boulder Canyon Project Act (43 U.S.C. 617 
                et seq.);
                    (B) the Boulder Canyon Project Adjustment Act (43 
                U.S.C. 618 et seq.);
                    (C) the Act of April 11, 1956 (commonly known as 
                the ``Colorado River Storage Project Act'') (43 U.S.C. 
                620 et seq.);
                    (D) the Colorado River Basin Project Act (43 U.S.C. 
                1501 et seq.);
                    (E) the Treaty between the United States of America 
                and Mexico respecting utilization of waters of the 
                Colorado and Tijuana Rivers and of the Rio Grande, 
                signed at Washington February 3, 1944 (59 Stat. 1219);
                    (F) the Colorado River Compact of 1922, as approved 
                by the Presidential Proclamation of June 25, 1929 (46 
                Stat. 3000); and
                    (G) the Upper Colorado River Basin Compact as 
                consented to by the Act of April 6, 1949 (63 Stat. 31, 
                chapter 48).
    (e) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim waived by the 
        Navajo Nation described in this section shall be tolled for the 
        period beginning on the date of enactment of this Act and 
        ending on the enforceability date.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.

SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) Precedent.--Nothing in this Act establishes any standard for 
the quantification or litigation of Federal reserved water rights or 
any other Indian water claims of any other Indian Tribe in any other 
judicial or administrative proceeding.
    (b) Other Indian Tribes.--Nothing in the agreement or this Act 
shall be construed in any way to quantify or otherwise adversely affect 
the water rights, claims, or entitlements to water of any Indian Tribe, 
band, or community, other than the Navajo Nation.

SEC. 11. RELATION TO ALLOTTEES.

    (a) No Effect on Claims of Allottees.--Nothing in this Act or the 
agreement shall affect the rights or claims of allottees, or the United 
States, acting in its capacity as trustee for or on behalf of 
allottees, for water rights or damages related to lands allotted by the 
United States to allottees, except as provided in section 5(a)(2).
    (b) Relationship of Decree to Allottees.--Allottees, or the United 
States, acting in its capacity as trustee for allottees, are not bound 
by any decree entered in the general stream adjudication confirming the 
Navajo water rights and shall not be precluded from making claims to 
water rights in the general stream adjudication. Allottees, or the 
United States, acting in its capacity as trustee for allottees, may 
make claims and such claims may be adjudicated as individual water 
rights in the general stream adjudication.

SEC. 12. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this Act (including any 
obligation or activity under the agreement) if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act.
                                                       Calendar No. 182

116th CONGRESS

  1st Session

                                S. 1207

                          [Report No. 116-79]

_______________________________________________________________________

                                 A BILL

  To approve the settlement of the water rights claims of the Navajo 
                Nation in Utah, and for other purposes.

_______________________________________________________________________

                           September 9, 2019

                       Reported without amendment