[House Report 116-673]
[From the U.S. Government Publishing Office]


116th Congress    }                                      {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {    116-673

======================================================================



 
            NAVAJO UTAH WATER RIGHTS SETTLEMENT ACT OF 2020

                                _______
                                

 December 18, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 644]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 644) to approve the settlement of the water 
rights claims of the Navajo Nation in Utah, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Navajo Utah Water Rights Settlement 
Act of 2020''.

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 Act.--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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 644 is to ratify and modify the Navajo 
Utah Water Rights Settlement Agreement negotiated between the 
State of Utah, the Navajo Nation, and the United States.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Navajo Nation Reservation consists of approximately 
26,600 square miles in Arizona, New Mexico, and Utah. According 
to the Department of the Interior, approximately 1.6 percent of 
the total Navajo Nation membership reside within the Utah 
portion of the Navajo Reservation, or 5,029 of the Navajo 
Nation's current total membership of 300,048.\1\ H.R. 644 would 
ratify an Indian water rights settlement agreement for the Utah 
portion of the Navajo Reservation, recognizing a reserved water 
right for the Navajo Nation totaling 81,500 acre-feet of 
depletion per year.\2\ H.R. 644 would also authorize $198 
million for a water development fund to be transferred to the 
Navajo Nation approximately four to five fiscal years following 
bill enactment for water-related expenses.\3\ The majority of 
these funds would be used for the eventual completion of a 
regional water supply project that is intended to serve as the 
primary project for meeting the water needs of the Utah portion 
of the Navajo Reservation.\4\ H.R. 644 would also authorize $11 
million for an operation and maintenance fund to pay for the 
initial operation and maintenance costs of projects constructed 
through the use of the water development fund. An additional $1 
million would be authorized for a survey of existing water uses 
on the Utah portion of the Navajo Reservation to fulfill a 
requirement for judicial approval of the settlement agreement 
in Utah state court.
---------------------------------------------------------------------------
    \1\Hearing on H.R. 644, H.R. 2459, and H.R. 3292 Before the 
Subcomm. on Water, Oceans, and Wildlife of the H. Comm. on Nat. Res., 
116th Cong. (2019) (not printed), (written statement of Alan Mikkelsen, 
Sr. Advisor (Water & W. Res. Issues) to the Sec'y of the Interior, and 
Chair, Working Grp. on Indian Water Settlements, U.S. Dep't of the 
Interior), https://naturalresources.house.gov/imo/media/doc/
Mikkelsen%20Testimony%20WOW%20Leg%20Hrg %2006.26.19.pdf).
    \2\Letter from Alan Mikkelsen, Senior Advisor to the Secretary, 
Water and Western Resource Issues, U.S. Department of the Interior, and 
Stephen E. Boyd, Assistant Attorney General, Office of Legislative 
Affairs, U.S. Department of Justice, to Rep. Rob Bishop, Chairman of 
the United States House Committee on Natural Resources for the 115th 
Congress (Sept. 7, 2018).
    \3\Congressional Budget Office, Cost Estimate for S. 1207, Navajo 
Utah Water Rights Settlement Act of 2019, as ordered reported by the 
Senate Committee on Indian Affairs on May 15, 2019 (June 19, 2019).
    \4\Hearing on H.R. 644, H.R. 2459, and H.R. 3292 Before the H. 
Comm. on Nat. Res., Subcommittee on Water, Oceans, and Wildlife, 116th 
Cong. (2019) (not printed), (written statement of Jonathan Nez, 
President of the Navajo Nation), https://naturalresources.house.gov/
imo/media/doc/Nez%20Testimony%20WOW%20Leg%20Hrg%2006.26.19.pdf.
---------------------------------------------------------------------------
    The COVID-19 outbreak on the Navajo Nation has highlighted 
the need for a reliable water supply on the Navajo Indian 
Reservation. While H.R. 644 would help address long-term water 
supply needs on a segment of the Reservation in Utah, the 
Committee believes that more immediate assistance is needed for 
the Navajo Nation and other Tribal Nations to address the 
COVID-19 outbreaks that have disproportionally impacted Indian 
Country. H.R. 644 would not provide funding to the Navajo 
Nation for water project construction in Utah for several 
years. According to the Congressional Budget Office, settlement 
funds are not expected to be transferred to the Navajo Nation 
until approximately four to five years after bill enactment 
given that the settlement agreement requires several conditions 
to be met before congressionally authorized funds can be 
transferred, including the completion of certain court 
proceedings needed to confirm the Navajo Nation's water rights. 
The bill authorizes funds to be transferred to the Navajo 
Nation as late as 2030,\5\ and the regional water project 
contemplated under H.R. 644 has not yet completed its design 
stage. Furthermore, according to the Navajo Nation, ongoing 
negotiations for the settlement of the Navajo Nation's water 
rights in Arizona may require further changes to the project's 
design and future construction timeline.\6\ Given the lengthy 
funding timeline under H.R. 644, the federal government must 
urgently provide significant federal funding and resources 
apart from H.R. 644 to help meet water supply needs during the 
pandemic.
---------------------------------------------------------------------------
    \5\See Sec. 8 of H.R. 644.
    \6\Navajo Nation/State of Utah Water Rights Settlement Projects, 
White Paper Prepared by Navajo Nation Department of Water Resources 
(June 6, 2014).
---------------------------------------------------------------------------
    In order to allow current non-Indian water uses in Utah to 
continue unimpaired, the settlement ratified by H.R. 644 also 
agrees to subordinate the Navajo Nation's reserved water right 
to all perfected non-tribal water rights as of the date the 
settlement is signed. Indian reserved water rights were first 
recognized by the Supreme Court in Winters v. United States in 
1908.\7\ Under the Winters decision, whenever the federal 
government reserved lands for an Indian reservation, it also 
implicitly reserved enough water to support the purposes of the 
reservation. Practically speaking, the ruling means that tribes 
with federally established reservations have a legal right to 
enough water to sustain their tribal communities. Under the 
Winters decision and the western water rights system of prior 
appropriation, tribes also typically have water rights that are 
senior in priority to non-tribal water rights holders.\8\ 
Without Indian water rights settlements, tribes could 
significantly disrupt existing water uses across the drought-
prone western states by fully litigating their water rights. 
H.R. 644 provides water supply certainty for existing non-
tribal water users within Utah by approving a water sharing 
agreement in which the Navajo Nation agrees to subordinate its 
reserved water rights in Utah to existing non-tribal water 
users.
---------------------------------------------------------------------------
    \7\207 U.S. 564 (1908).
    \8\Charles V. Stern, Cong. Research Serv., R44148, Indian Water 
Rights Settlements (Updated May 22, 2020).
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H.R. 644 was introduced on January 17, 2019, by Ranking 
Member Rob Bishop (R-UT). The bill was referred solely to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Water, Oceans, and Wildlife. On June 26, 2019, 
the Subcommittee held a hearing on the bill. On February 12, 
2020, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. Ranking 
Member Bishop offered an amendment in the nature of a 
substitute, which was agreed to by unanimous consent. No 
additional amendments were offered, and the bill, as amended, 
was adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.
    On July 1, 2020, the House of Representatives passed H.R. 
2, the Moving Forward Act, which included the text of H.R. 
644.\9\
---------------------------------------------------------------------------
    \9\H.R. 2, 116th Cong. (as passed by and engrossed in the House, 
July 1, 2020).
---------------------------------------------------------------------------

                                HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 644: legislative hearing by the Subcommittee on 
Water, Oceans, and Wildlife held on June 26, 2019.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Provides the short title of the bill, the ``Navajo Utah 
Water Rights Settlement Act of 2019.''

Section 2. Purposes

    Establishes the purposes of the Act to authorize, ratify, 
and confirm the Navajo Nation's settlement with the State of 
Utah for all water rights claims in that state.

Section 3. Definitions

    Defines terms and parties referenced in the Act.

Section 4. Ratification of agreement

    Issues Congressional approval and ratification of the 
Navajo Utah Water Rights Settlement Agreement. Directs the 
Secretary of the Interior to execute the agreement and comply 
with applicable environmental laws and regulations.

Section 5. Navajo water rights

    Confirms the Navajo Nation's water rights in Utah at 81,500 
acre-feet of water per year, to be held in trust by the United 
States and not subject to forfeiture or abandonment. Depletions 
resulting from water use on an allotment or the Reservation 
shall be counted as a depletion by the Navajo Nation. The 
Navajo Nation shall have the authority to allocate, distribute, 
and lease its water rights for any use on the Reservation. The 
Navajo Nation may also allocate, distribute, and lease those 
water rights for off-Reservation use. The Navajo Nation is 
prohibited from objecting in the general stream adjudication or 
any other applicable forum to the quantification of a water 
right for reasonable domestic and stock water uses on an 
allotment.

Section 6. Navajo trust accounts

    Establishes the Navajo Utah Settlement Trust Fund to be 
managed, invested, and distributed by the Secretary of the 
Interior. Establishes two accounts within the Trust Fund: the 
Navajo Water Development Projects Account and the Navajo OM&R 
(Operation, Maintenance, and Replacement) Account. The Navajo 
Nation may withdraw funds from the Trust Fund upon approval 
from the Secretary, subject to certain requirements. The Navajo 
Nation shall submit annual expenditure reports describing the 
use of withdrawals.

Section 7. Authorization of appropriations

    Authorizes $198,300,000 for deposit in the Navajo Water 
Development Projects Account and $11,100,000 for deposit in the 
Navajo OM&R Account. Separately authorizes $1,000,000 for non-
trust funds to assist the United States with costs associated 
with the implementation of the Act. The State of Utah shall 
contribute $8,000,000 for deposit into the Navajo Water 
Development Projects Account.

Section 8. Conditions precedent

    Establishes that the waivers and releases in this Act 
become effective after the Secretary publishes a notice in the 
Federal Register stating that the Settlement Agreement has been 
executed by the parties, Congress has fully appropriated funds 
authorized under Section 7, the court has entered a final 
decree confirming the Navajo water rights, and certain other 
conditions have been met. If all conditions have not been met 
to allow the publication of the Secretary's notice by October 
31, 2030, the Settlement Agreement and the Act shall no longer 
be effective. This expiration date may be extended upon 
agreement from the Navajo Nation, the State of Utah, and the 
Secretary of the Interior.

Section 9. Waivers and releases

    Enumerates the waivers and releases required for the 
settlement to take effect. Lists the rights reserved and 
retained by the Navajo Nation and the United States.

Section 10. Miscellaneous provisions

    States that the Act does not establish precedent regarding 
the water rights, claims, or entitlements to water for any 
other Indian Tribe. The Act shall not quantify or adversely 
affect the water rights of any tribe other than the Navajo 
Nation.

Section 11. Relation to allottees

    Clarifies that nothing in this Act or the Settlement 
Agreement affects 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.

Section 12. Antideficiency

    States that the United States shall not be liable for 
failure to meet the requirements of the Act if adequate 
appropriations are not provided by Congress.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate the forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House passage of the bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to ratify and modify the Navajo 
Utah Water Rights Settlement Agreement negotiated between the 
State of Utah, the Navajo Nation, and the United States.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                            ADDITIONAL VIEWS

    Settlements, if crafted correctly, can provide relief from 
burdensome legal obligations and benefit tribes, States, and 
American taxpayers. That is why under my tenure as Chairman of 
this Committee, we instituted a new protocol for reviewing 
Indian water rights settlements.
    This protocol required the Administration to convey support 
for the settlement and provide a copy of the settlement and the 
proposed authorizing legislation, including federal spending 
levels and claims being resolved, to the Committee.
    Under this protocol, Congress approved three Indian water 
rights settlements and authorized funding to implement them. 
These settlements were a win for the tribes, a win for the 
States, and a win for the taxpayers.
    The Navajo Utah Water Rights Settlement Act of 2019, meets 
these requirements. This bill would approve a water rights 
settlement between the Navajo Tribe, the State of Utah and the 
federal government. This settlement is complete, and has the 
support of the Tribe, State, and Administration.
    Importantly, H.R. 644 does not leave the door open to 
potential issues, such as project-based settlements which can 
run out of money before the promised project is complete. As a 
fund-based settlement, this legislation ensures the Navajo 
Nation has the flexibility it needs to meet its future water 
needs while protecting the American taxpayer. For these 
reasons, I support H.R. 644 as reported by the Committee on 
Natural Resources.

                                   Rob Bishop.

                                  [all]