To approve the settlement of water rights claims of the Navajo Nation in the Rio San José Stream System in the State of New Mexico, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES · February 13, 2025 · Sponsor: Ms. Leger Fernandez · Committee: Committee on Natural Resources
to achieve a fair, equitable, and final settlement of all claims to water rights in the general stream adjudication of the Rio San José Stream System captioned , No. D–1333–CV–1983–00190 and No. D–1333–CV–1983–00220 (consolidated), pending in the Thirteenth Judicial District Court for the State of New Mexico, for— State of New Mexico, ex rel. State Engineer v. Kerr-McGee, et al.
the Navajo Nation; and
the United States, acting as trustee for the Navajo Nation;
to authorize, ratify, and confirm the agreement entered into by the Navajo Nation, the State, and various other parties to the Agreement, to the extent that the Agreement is consistent with this Act;
to authorize and direct the Secretary—
to execute the Agreement; and
to take any other actions necessary to carry out the Agreement in accordance with this Act; and
to authorize funds necessary for the implementation of the Agreement and this Act.
The term Acequia means each of the Bluewater Toltec Irrigation District, La Acequia Madre del Ojo del Gallo, Moquino Water Users Association II, Murray Acres Irrigation Association, San Mateo Irrigation Association, Seboyeta Community Irrigation Association, Cubero Acequia Association, Cebolletita Acequia Association, and Community Ditch of Rio San José de la Cienega.
The term Adjudication means the general adjudication of water rights entitled , No. D–1333–CV–1983–00190 and No. D–1333–CV–1983–00220 (consolidated) pending, as of the date of enactment of this Act, in the Decree Court. The term means the general adjudication of water rights entitled , No. D–1333–CV–1983–00190 and No. D–1333–CV–1983–00220 (consolidated) pending, as of the date of enactment of this Act, in the Decree Court. State of New Mexico, ex rel. State Engineer v. Kerr-McGee, et al.
The term Agreement means—
The term Allotment means a parcel of land that is—
The term Allottee means—
The term Decree Court means the Thirteenth Judicial District Court of the State of New Mexico.
The term Enforceability Date means the date described in section 8.
The term Navajo Nation Water Code means the water code enacted in 1984 by the Navajo Nation Council through Resolution CAU–34–84. (22 N.N.C. 1101 et seq.).
The term Navajo Nation Water Use Permit means a document specifying terms and conditions for diversion and use of water on Navajo Nation Lands issued by the Navajo Nation within the scope of its authority under the Navajo Nation Water Code and the Settlement Agreement.
The term Navajo Partial Final Judgment and Decree means a final or interlocutory partial final judgment and decree entered by the Decree Court with respect to the Navajo Nation’s Water Rights—
The term Navajo Trust Fund means the Navajo Nation Rio San José Settlement Trust Fund established under section 6(a).
The term Rio Puerco Basin means the area defined by the United States Geological Survey Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) and 13020205 (Arroyo Chico subbasin), including the hydrologically connected groundwater.
The term Rio San José Stream System means the geographic extent of the area involved in the Adjudication pursuant to the description filed in the Decree Court on November 21, 1986.
The term Secretary means the Secretary of the Interior.
The term Signatory Acequia means an acequia that is a signatory to the Agreement.
The term State means the State of New Mexico and all officers, agents, departments, and political subdivisions of the State of New Mexico.
Except as modified by this Act, and to the extent that the Agreement does not conflict with this Act, the Agreement is authorized, ratified, and confirmed.
(2) Amendments
If an amendment to the Agreement, or any attachment to the Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed.
(b) Execution
(1) In general
To the extent that the Agreement does not conflict with this Act, the Secretary shall execute the Agreement, including all attachments to, or parts of, the Agreement requiring the signature of the Secretary.
(2) Modifications
Nothing in this Act prohibits the Secretary, after execution of the Agreement, from approving any modification to the Agreement, including an attachment to the Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes () or any other applicable provision of Federal law. 25 U.S.C. 177
(c) Environmental compliance
(1) In general
In implementing the Agreement and this Act, the Secretary shall comply with—
the Endangered Species Act of 1973 (); 16 U.S.C. 1531 et seq.
the National Environmental Policy Act of 1969 (), including the implementing regulations of that Act; and 42 U.S.C. 4321 et seq.
all other applicable Federal environmental laws and regulations.
(2) Compliance
(A) In general
In implementing the Agreement and this Act, the Navajo Nation shall prepare any necessary environmental documents, consistent with—
(i) the Endangered Species Act of 1973 (); 16 U.S.C. 1531 et seq.
(ii) the National Environmental Policy Act of 1969 (), including the implementing regulations of that Act; and 42 U.S.C. 4321 et seq.
(iii) all other applicable Federal environmental laws and regulations.
(B) Authorizations
The Secretary shall—
(i) independently evaluate the documentation required under subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents of that documentation.
(3) Effect of execution
The execution of the Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (). 42 U.S.C. 4321 et seq.
(4) Costs
Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Navajo Trust Fund or other sources of funding from the Navajo Nation, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.
The Navajo Nation’s Water Rights shall be held in trust by the United States on behalf of the Nation in accordance with the Agreement and this Act.
(b) Forfeiture and abandonment
(1) In general
The Navajo Nation’s Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law.
(2) State-law based water rights
State-law based water rights acquired by the Navajo Nation, or by the United States on behalf of the Nation, after the date for inclusion in the Navajo Partial Final Judgment and Decree, shall not be subject to forfeiture, abandonment, or permanent alienation from the time they are acquired.
(c) Use
Any use of the Navajo Nation’s Water Rights shall be subject to the terms and conditions of the Agreement and this Act.
(d) Allotment rights not included
Consistent with section 13, the Navajo Nation’s Water Rights shall not include any water rights for an Allotment, subject to the condition that the Navajo Nation may allow use of the Navajo Nation’s Water Rights on an Allotment subject to the terms and conditions of the Agreement and this Act.
(e) Allottees not adversely affected
Nothing in this Act quantifies or diminishes any water right, or any claim or entitlement to water, of an Allottee.
(f) Allottee water rights
The Nation shall not object in any general stream adjudication, including the Adjudication, to the quantification of reasonable domestic, stock, and irrigation water uses on an Allotment, and shall administer any water use in accordance with applicable Federal law, including recognition of—
any water use existing on an Allotment as of the date of enactment of this Act;
reasonable domestic, stock, and irrigation water uses on an Allotment; and
any water right decreed to the United States in trust for an Allottee in a general stream adjudication, including the Adjudication, for use on an Allotment.
(g) Authority of the navajo nation
(1) Use on Navajo lands
The Navajo Nation shall have the authority to allocate, distribute, and lease the Navajo Nation’s Water Rights for use on Navajo Lands in accordance with the Agreement, this Act, and applicable Federal law, including the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; ) (commonly known as the ). Long-Term Leasing Act 25 U.S.C. 415
The Secretary shall establish a trust fund, to be known as the , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Navajo Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this Act. Navajo Nation Rio San José Water Rights Settlement Trust Fund
(b) Accounts
The Secretary shall establish in the Navajo Trust Fund the following accounts:
The Navajo Nation Water Rights Settlement Account.
The Navajo Nation Operations and Maintenance Account.
(c) Deposits
The Secretary shall deposit in the Navajo Trust Fund the amounts made available pursuant to section 7(a).
(d) Management and interest
(1) Management
On receipt and deposit of funds into the Navajo Trust Fund under subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Navajo Trust Fund in a manner that is consistent with the investment authority of the Secretary under—
the first section of the Act of June 24, 1938 (); 25 U.S.C. 162a
the American Indian Trust Fund Management Reform Act of 1994 (); and 25 U.S.C. 4001 et seq.
this subsection.
(2) Investment earnings
In addition to the deposits made to the Navajo Trust Fund under subsection (c), any investment earnings, including interest, earned on those amounts held in the Navajo Trust Fund are authorized to be used in accordance with subsections (f) and (h).
(e) Availability of amounts
(1) In general
Amounts appropriated to, and deposited in, the Navajo Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be made available to the Nation by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Nation pursuant to paragraph (2).
(2) Use of funds
Notwithstanding paragraph (1), up to $15,000,000 of the amounts deposited in the Navajo Nation Water Rights Settlement Account, including any investment earnings, including interest, earned on those amounts, shall be available to the Nation on the date on which the amounts are deposited in the Navajo Nation Water Rights Settlement Account for the following uses:
Feasibility studies, planning, engineering, design, and related environmental, cultural, and historical compliance, and obtaining rights-of-way or permits for water supply infrastructure to serve Navajo Nation needs consistent with subsection (h)(1)(B).
Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary the following amounts for deposit in the following accounts:
(1) The navajo nation water rights settlement account
For deposit in the Navajo Nation Water Rights Settlement Account established under section 6(b)(1), $200,271,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
(2) The navajo nation operations and maintenance account
For deposit in the Navajo Nation Operations and Maintenance Account established under section 6(b)(2), $23,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
(b) Fluctuation in costs
(1) In general
The amounts 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, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend.
(2) Construction costs adjustment
The amounts appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by construction cost indices, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.
(3) Repetition
The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount, as adjusted, has been appropriated.
(4) Period of indexing
The period of indexing and adjustment under this subsection for any increment of funding shall start on October 1, 2021, and end on the date on which funds are deposited in the Navajo Trust Fund.
(c) State cost-Share
Pursuant to the Agreement, the State shall contribute—
$3,000,000, as adjusted for inflation pursuant to the Agreement, to the Bluewater Toltec Irrigation District and Acequia Madre del Ojo del Gallo for purposes described in the Agreement; and
if applicable, additional funding subject to the provisions of Article 17.12.4 of the Agreement.
The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that—
to the extent that the Agreement conflicts with this Act, the Agreement has been amended to conform with this Act;
the Agreement, as amended, has been executed by all parties to the Agreement, including the United States;
all of the amounts appropriated under section 7(a) have been appropriated and deposited in the designated accounts of the Navajo Trust Fund;
the State has—
provided $3,000,000 of funding under section 7(c)(1) into the appropriate funding accounts or entered into a funding agreement with the intended beneficiaries for that funding; and
enacted legislation to amend State law to provide that a Navajo Nation Water Right may be leased for a term not to exceed 99 years, including renewals;
the Decree Court has approved the Agreement and has entered the Navajo Partial Final Judgment and Decree; and
the waivers and releases under section 9 have been executed by the Navajo Nation and the Secretary.
(a) Waivers and releases of claims by the navajo nation and united states as trustee for the nation
Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Navajo Nation’s Water Rights and other benefits described in the Agreement and this Act, the Navajo Nation, on behalf of the Nation and 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), shall execute a waiver and release of all claims for—
water rights within the Rio San José Stream System that the Navajo Nation or the United States acting as trustee for the Nation, asserted or could have asserted in any proceeding, including the Adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the Agreement and this Act; and
damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water rights (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) in waters in the Rio San José Stream System against any party to the Agreement, including the members and parciantes of Signatory Acequias, that accrued at any time up to and including the Enforceability Date.
(b) Waivers and releases of claims by navajo nation against united states
Subject to the reservation of rights and retention of claims under subsection (d), the Navajo Nation, on behalf of the Nation (including in its capacity as an Allottee) and members of the Nation (other than members in their capacity as Allottees) shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) first arising before the Enforceability Date relating to—
water rights within the Rio San José Stream System that the United States, acting as trustee for the Navajo Nation, asserted or could have asserted in any proceeding, including the Adjudication, except to the extent that such rights are recognized as part of the Navajo Nation’s Water Rights under this Act;
foregone benefits from non-Navajo use of water, on and off Navajo Lands (including water from all sources and for all uses) within the Rio San José Stream System;
damage, loss, or injury to water, water rights, land, or natural 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 of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the Rio San José Stream System;
a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Rio San José Stream System;
The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Navajo Nation against the United States that are waived and released by the Nation pursuant to section 9(b).
On the Enforceability Date, the consent of the United States is hereby given, with the consent of the Navajo Nation under Article 17.14.4 of the Agreement, to jurisdiction in the District Court for the Thirteenth Judicial District of the State of New Mexico, and in the New Mexico Court of Appeals and the New Mexico Supreme Court on appeal therefrom in the same manner as provided under New Mexico law, over an action filed in such District Court by any party to a Navajo Nation Water Use Permit administrative proceeding under Article 17.10.4 of the Agreement for the limited and sole purpose of judicial review of a Navajo Nation Water Use Permit decision under Article 17.10.5 of the Agreement.
(b) Limitation
The consent of the United States for review of a Navajo Nation Water Use Permit is limited to judicial review, based on the record developed through the administrative process of the Navajo Nation, under a standard of judicial review limited to determining whether the Navajo Nation decision on the application for the Navajo Nation Water Use Permit—
is supported by substantial evidence;
is not arbitrary, capricious, or contrary to law;
is not in accordance with the Agreement or the Navajo Partial Final Judgment and Decree; or
shows that the Navajo Nation acted fraudulently or outside the scope of its authority.
(c) Navajo nation water code and interpretation
(1) In general
Navajo Nation Water Code or Navajo Water Law provisions that meet the requirements of Article 17.10 of the Agreement shall be given full faith and credit in any proceeding described in this section.
(2) Provisions of the navajo nation water code
To the extent that a State court conducting judicial review under this section must interpret provisions of Navajo Nation law that are not express provisions of the Navajo Nation Water Code or Navajo Nation water law, the State court shall certify the question of interpretation to the Navajo Nation court.
(3) No certification
Any issues of interpretation of standards in Article 17.10.6 of the Agreement are not subject to certification.
(4) Limitation
Nothing in this section limits the jurisdiction of the Decree Court to interpret and enforce the Agreement.
(a) No waiver of sovereign immunity by the united states
Nothing in this Act waives the sovereign immunity of the United States.
(b) Other tribes not adversely affected
Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, Pueblo, or community other than the Navajo Nation.
(c) Effect on current law
Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action.
(d) Conflict
In the event of a conflict between the Agreement and this Act, this Act shall control.
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 relating to land allotted by the United States to Allottees.
(b) Relationship of decree to allottees
(1) Separate adjudication
Notwithstanding whether an Allotment is patented pursuant to section 1 of the Act of February 8, 1887 (commonly known as the ) (24 Stat. 388, chapter 119; ) (as in effect on the day before the date of enactment of the Indian Land Consolidation Act Amendments of 2000 (; 114 Stat. 1991)) or section 4 of that Act (24 Stat. 389, chapter 119; ), as determined by the Secretary, when adjudicated— Indian General Allotment Act 25 U.S.C. 331; Public Law 106–462; 25 U.S.C. 334
water rights for Allotments shall be separate from the Navajo Nation’s Water Rights; and
no water rights for Allotments shall be included in the Navajo Partial Final Judgment and Decree.
(2) Allotment water rights
The Allotment water rights adjudicated separately pursuant to paragraph (1) shall not be subject to the restrictions or conditions that apply to the use of the Navajo Nation’s Water Rights, subject to the condition that if an Allotment governed by the Act of February 8, 1887 (commonly known as the ) (24 Stat. 388, chapter 119) becomes Navajo Nation Lands, the water rights associated with that Allotment shall be subject to the restrictions and conditions on the Navajo Nation’s Water Rights set forth in this Act and the Agreement. Indian General Allotment Act
(3) Allottee water rights to be adjudicated
Allottees, or the United States, acting in its capacity as trustee for Allottees, may make water rights claims, and those claims may be adjudicated in the Rio San José Stream System or the Rio Puerco Basin.
In this section, the term Project means the Navajo-Gallup Water Supply Project authorized under section 10602 of the Northwestern New Mexico Rural Water Projects Act (; 123 Stat. 1379). Public Law 111–11
Definition of Project
(b) Expansion of Project service area authorized
The Nation may expand the service area for the Project in order to deliver water supply from the Project to communities of the Nation within the Rio San José Basin in the State.
(c) Approval of final design for expansion
If water will be supplied from facilities of the Project to the Rio San José Basin at a time when the Bureau of Reclamation still holds title to those facilities, the Navajo Nation shall—
obtain approval, in writing, from the Commissioner of Reclamation for the final design of the connection and related facilities needed to connect the extension into the Rio San José area from those facilities; and
coordinate construction of the connection and related facilities with the Commissioner of Reclamation.
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.
The Navajo Nation may allocate, distribute, and lease the Navajo Nation’s Water Rights for use off Navajo Lands in accordance with the Agreement, this Act, and applicable Federal law, subject to the approval of the Secretary.
(B) Maximum term
The maximum term of any lease, including all renewals, under this paragraph shall not exceed 99 years.
(h) Administration
(1) No alienation
The Navajo Nation shall not permanently alienate any portion of the Navajo Nation’s Water Rights.
(2) Purchases or grants of land from indians
An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action required by Federal law.
(3) Prohibition on forfeiture
The non-use of all or any portion of the Navajo Nation’s Water Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Navajo Nation’s Water Rights.
(4) Forbearance by navajo nation for non-stock water rights of certain allotments
Forbearance by the Navajo Nation in accordance with Article 17.13.4 of the Agreement—
shall be considered non-use for purposes of paragraph (3); and
shall not result in the forfeiture, abandonment, relinquishment, or other loss of any portion of the Navajo Nation’s Water Rights.
Installing, on Navajo Lands, groundwater wells and associated infrastructure to meet immediate domestic, commercial, municipal and industrial water needs, and associated environmental, cultural, and historical compliance.
(f) Withdrawals
(1) Withdrawals under the american indian trust fund management reform act of 1994
(A) In general
The Navajo Nation may withdraw any portion of the amounts in the Navajo Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 (). 25 U.S.C. 4001 et seq.
(B) Requirements
In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (), the Tribal management plan under this paragraph shall require that the Nation shall spend all amounts withdrawn from the Navajo Trust Fund, and any investment earnings, including interest, earned on those amounts, through the investments under the Tribal management plan, in accordance with this Act. 25 U.S.C. 4001 et seq.
(C) Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by the Nation from the Navajo Trust Fund under subparagraph (A) are used in accordance with this Act.
(2) Withdrawals under expenditure plan
(A) In general
The Navajo Nation may submit to the Secretary a request to withdraw funds from the Navajo Trust Fund pursuant to an approved expenditure plan.
(B) Requirements
To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), the Nation shall submit to the Secretary an expenditure plan for any portion of the Navajo Trust Fund that the Nation elects to withdraw pursuant to that subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act.
(C) Inclusions
An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Navajo Trust Fund will be used by the Nation, in accordance with this subsection and subsection (h).
(D) Approval
The Secretary shall approve an expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan—
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes of this Act.
(E) 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 section
Nothing in this section gives the Navajo Nation the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (1) of subsection (f) or an expenditure plan under paragraph (2) of that subsection 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
(1) Navajo nation water rights settlement account
The Navajo Nation Water Rights Settlement Account may only be used for the following purposes:
Acquiring water rights or water supply.
Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal use, on-farm improvements, or wastewater infrastructure.
Navajo Nation’s Water Rights management and administration.
Watershed protection and enhancement, support of agriculture, water-related Navajo community welfare and economic development, and costs relating to implementation of the Agreement.
Environmental compliance in the development and construction of infrastructure under this Act.
(2) Navajo nation operations and maintenance account
The Navajo Nation Water Infrastructure Operations and Maintenance Account may only be used to pay costs for operation, maintenance, and replacement of water infrastructure to serve Navajo domestic, commercial, municipal, and industrial water uses from any water source.
(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 Navajo Trust Fund by the Nation under paragraph (1) or (2) of subsection (f).
(j) Expenditure reports
The Navajo Nation shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under paragraph (1) or (2) of subsection (f), as applicable.
(k) No per capita distributions
No portion of the Navajo Trust Fund shall be distributed on a per capita basis to any member of Navajo Nation.
(l) Title to infrastructure
Title to, control over, and operation of any project constructed using funds from the Navajo Trust Fund shall remain in the Navajo Nation.
(m) Operation, maintenance, and replacement
All operation, maintenance, and replacement costs of any project constructed using funds from the Navajo Trust Fund shall be the responsibility of the Nation.
a failure to establish or provide a municipal, rural, or industrial water delivery system on Navajo Lands within the Rio San José Stream System;
damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Navajo Lands (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Rio San José Stream System;
a failure to provide a dam safety improvement to a dam on Navajo Lands within the Rio San José Stream System;
the litigation of claims relating to any water right of the Nation within the Rio San José Stream System; and
the negotiation, execution, or adoption of the Agreement (including attachments) and this Act.
(c) Effective date
The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date.
(d) Reservation of rights and retention of claims
Notwithstanding the waivers and releases under subsections (a) and (b), the Navajo Nation and the United States, acting as trustee for the Nation, shall retain all claims relating to—
the enforcement of, or claims accruing after the Enforceability Date relating to, water rights recognized under the Agreement, this Act, or the Navajo Partial Final Judgment and Decree entered in the Adjudication;
activities affecting the quality of water and the environment, including claims under—
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (), including claims for damages to natural resources; 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 () (commonly referred to as the ); and Clean Water Act 33 U.S.C. 1251 et seq.
any regulations implementing the Acts described in subparagraphs (A) through (C);
the right to use and protect water rights acquired after the date of enactment of this Act;
damage, loss, or injury to land or natural resources that is not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights;
all claims for water rights, and claims for injury to water rights, in basins other than the Rio San José Stream System, subject to the Agreement with respect to the claims of the Navajo Nation for water rights in the Rio Puerco Basin; and
all rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act or the Agreement.
(e) Effect of agreement and act
Nothing in the Agreement or this Act—
reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity, except as provided in section 11;
affects the ability of the United States, as a sovereign, to carry out any activity authorized by law, 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 () (commonly referred to as the ); Clean Water Act 33 U.S.C. 1251 et seq.
the Solid Waste Disposal Act (); and 42 U.S.C. 6901 et seq.
any regulations implementing the Acts described in subparagraphs (A) through (D);
affects the ability of the United States to act as trustee for the Navajo Nation (consistent with this Act), any other Indian Tribe, or an Allottee of any other Indian Tribe;
confers jurisdiction on any State court—
to interpret Federal law relating to health, safety, or the environment;
to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; or
to conduct judicial review of any Federal agency action; or
waives any claim of a member of the Navajo Nation in an individual capacity that does not derive from a right of the Navajo Nation.
(f) Offset relating to rio puerco
The United States shall be entitled to offset $20,000,000 against—
any judgment against the United States for claims relating to water rights in the Rio Puerco Basin, including breach of trust and damage claims relating to water rights in the Rio Puerco Basin, in a case brought by the Nation or any user of the Navajo Nation’s Water Rights; or
a Federal contribution to any future settlement of water rights of the Navajo Nation in the Rio Puerco Basin.
(g) Tolling of claims
(1) In general
Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability 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 limitation or any time-based equitable defense under any other applicable law.
(h) Expiration
(1) In general
This Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 8 by not later than—
July 1, 2030; or
such alternative later date as is agreed to by the Navajo Nation and the Secretary, after providing reasonable notice to the State.
(2) Consequences
If this Act expires under paragraph (1)—
the waivers and releases under subsections (a) and (b) shall—
(i) expire; and
(ii) have no further force or effect;
the authorization, ratification, confirmation, and execution of the Agreement under section 4 shall no longer be effective;
any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this Act shall be void;
any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act, shall be returned to the Federal Government, unless otherwise agreed to by Navajo Nation and the United States and approved by Congress; and
except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States—
(i) relating to water rights in the State asserted by—
the Nation or any user of the Navajo Nation’s Water Rights; or
any other matter covered by subsection (b); or
(ii) in any future settlement of water rights of the Navajo Nation.
Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2025 · Introduced in House (2025-02-13) · Congress.wiki