Bill Summary
This legislation aims to approve a settlement of water rights claims for the Navajo Nation in Utah, providing a fair and equitable solution. It confirms and quantifies the Nation's water rights, allows for allocation and distribution of these rights, and establishes a trust fund for carrying out the Act. The legislation also includes provisions for waivers and releases, clarifies its effects on other Indian tribes and allottees, and addresses potential antideficiency issues.
Possible Impacts
1. The Navajo Nation will have their water rights ratified, confirmed, and declared valid under the legislation, subject to the terms and conditions of the agreement and the Act. This will allow them to allocate, distribute, and lease water rights for any use on their Reservation, with approval from the Secretary.
2. The legislation establishes a trust fund, the "Navajo Utah Settlement Trust Fund," which will provide funds for planning, designing, and constructing water development projects for the Nation. However, no per capita distributions are allowed from the Trust Fund and the Nation must submit annual expenditure reports.
3. Other Indian Tribes will not be affected by the Act, as it only confirms and quantifies Navajo water rights. Allottees are also not bound by any decree confirming Navajo water rights and can make individual claims for water rights in the general stream adjudication.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 644 Reported in House (RH)]
<DOC>
Union Calendar No. 557
116th CONGRESS
2d Session
H. R. 644
[Report No. 116-673]
To approve the settlement of the water rights claims of the Navajo
Nation in Utah, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2019
Mr. Bishop of Utah introduced the following bill; which was referred to
the Committee on Natural Resources
December 18, 2020
Additional sponsors: Mr. Stewart, Mr. Curtis, Mr. McAdams, Mr. Lujan,
and Mr. O'Halleran
December 18, 2020
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
17, 2019]
_______________________________________________________________________
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 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.
Union Calendar No. 557
116th CONGRESS
2d Session
H. R. 644
[Report No. 116-673]
_______________________________________________________________________
A BILL
To approve the settlement of the water rights claims of the Navajo
Nation in Utah, and for other purposes.
_______________________________________________________________________
December 18, 2020
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed