I
119THCONGRESS
1
STSESSION H. R. 1324
To approve the settlement of water rights claims of the Navajo Nation
in the Rio San Jose´Stream System in the State of New Mexico, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY13, 2025
Ms. L
EGERFERNANDEZ(for herself and Ms. STANSBURY) introduced the
following bill; which was referred to the Committee on Natural Resources
A BILL
To approve the settlement of water rights claims of the
Navajo Nation in the Rio San Jose´Stream System in
the State of New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Navajo Nation Rio San Jose´Stream System Water 5
Rights Settlement Act of 2025’’. 6
(b) T
ABLE OFCONTENTS.—The table of contents for 7
this Act is as follows: 8
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
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Sec. 3. Definitions.
Sec. 4. Ratification of Agreement.
Sec. 5. Navajo Nation’s Water Rights.
Sec. 6. Navajo Nation Rio San Jose´Settlement Trust Fund.
Sec. 7. Funding.
Sec. 8. Enforceability Date.
Sec. 9. Waivers and releases of claims.
Sec. 10. Satisfaction of claims.
Sec. 11. Consent of United States to jurisdiction for judicial review of a Navajo
Nation Water Use Permit decision.
Sec. 12. Miscellaneous provisions.
Sec. 13. Relation to Allottees.
Sec. 14. Expansion of Navajo-Gallup Water Supply Project service area.
Sec. 15. Antideficiency.
SEC. 2. PURPOSES.
1
The purposes of this Act are— 2
(1) to achieve a fair, equitable, and final settle-3
ment of all claims to water rights in the general 4
stream adjudication of the Rio San Jose´Stream 5
System captioned ‘‘State of New Mexico, ex rel. 6
State Engineer v. Kerr-McGee, et al.’’, No. D–1333– 7
CV–1983–00190 and No. D–1333–CV–1983–00220 8
(consolidated), pending in the Thirteenth Judicial 9
District Court for the State of New Mexico, for— 10
(A) the Navajo Nation; and 11
(B) the United States, acting as trustee 12
for the Navajo Nation; 13
(2) to authorize, ratify, and confirm the agree-14
ment entered into by the Navajo Nation, the State, 15
and various other parties to the Agreement, to the 16
extent that the Agreement is consistent with this 17
Act; 18
(3) to authorize and direct the Secretary— 19
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(A) to execute the Agreement; and 1
(B) to take any other actions necessary to 2
carry out the Agreement in accordance with 3
this Act; and 4
(4) to authorize funds necessary for the imple-5
mentation of the Agreement and this Act. 6
SEC. 3. DEFINITIONS. 7
In this Act: 8
(1) A
CEQUIA.—The term ‘‘Acequia’’ means 9
each of the Bluewater Toltec Irrigation District, La 10
Acequia Madre del Ojo del Gallo, Moquino Water 11
Users Association II, Murray Acres Irrigation Asso-12
ciation, San Mateo Irrigation Association, Seboyeta 13
Community Irrigation Association, Cubero Acequia 14
Association, Cebolletita Acequia Association, and 15
Community Ditch of Rio San Jose´de la Cienega. 16
(2) A
DJUDICATION.—The term ‘‘Adjudication’’ 17
means the general adjudication of water rights enti-18
tled ‘‘State of New Mexico, ex rel. State Engineer v. 19
Kerr-McGee, et al.’’ , No. D–1333–CV–1983–00190 20
and No. D–1333–CV–1983–00220 (consolidated) 21
pending, as of the date of enactment of this Act, in 22
the Decree Court. 23
(3) A
GREEMENT.—The term ‘‘Agreement’’ 24
means— 25
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(A) the addendum dated June 11, 2024, 1
to, and as provided in Article 17 of, the docu-2
ment entitled ‘‘Rio San Jose´Stream System 3
Water Rights Local Settlement Agreement 4
Among the Pueblo of Acoma, the Pueblo of La-5
guna, the Navajo Nation, the State of New 6
Mexico, the City of Grants, the Village of 7
Milan, the Association of Community Ditches of 8
the Rio San Jose´and Nine Individual Acequias 9
and Community Ditches’’ and dated May 13, 10
2022, and the attachments thereto and to the 11
addendum; and 12
(B) any amendment to the documents re-13
ferred to in subparagraph (A) (including an 14
amendment to an attachment) that is executed 15
to ensure that the Agreement is consistent with 16
this Act. 17
(4) A
LLOTMENT.—The term ‘‘Allotment’’ 18
means a parcel of land that is— 19
(A) located within— 20
(i) the Rio Puerco Basin; or 21
(ii) the Rio San Jose´Stream System; 22
and 23
(B) held in trust by the United States for 24
the benefit of— 25
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(i) 1 or more individual Indians; or 1
(ii) an Indian Tribe holding an undi-2
vided fractional beneficial interest. 3
(5) A
LLOTTEE.—The term ‘‘Allottee’’ means— 4
(A) an individual Indian holding a bene-5
ficial interest in an Allotment; or 6
(B) an Indian Tribe holding an undivided 7
fractional beneficial interest in an Allotment. 8
(6) D
ECREE COURT .—The term ‘‘Decree 9
Court’’ means the Thirteenth Judicial District Court 10
of the State of New Mexico. 11
(7) E
NFORCEABILITY DATE .—The term ‘‘En-12
forceability Date’’ means the date described in sec-13
tion 8. 14
(8) N
AVAJO NATION; NAVAJO; NATION.— 15
(A) I
N GENERAL.—The terms ‘‘Navajo 16
Nation’’, ‘‘Navajo’’, and ‘‘Nation’’ mean the 17
body politic and federally recognized Indian na-18
tion, as published on the list required under 19
section 104(a) of the Federally Recognized In-20
dian Tribe List Act of 1994 (25 U.S.C. 21
5131(a)), also known variously as the ‘‘Navajo 22
Nation of Arizona, New Mexico, & Utah’’, and 23
the ‘‘Navajo Nation of Indians’’ and other simi-24
lar names. 25
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(B) INCLUSIONS.—The terms ‘‘Navajo Na-1
tion’’, ‘‘Navajo’’, and ‘‘Nation’’ include all 2
bands of Navajo Indians and chapters of the 3
Navajo Nation and all divisions, agencies, offi-4
cers, and agents thereof. 5
(9) N
AVAJO NATION LANDS ; NAVAJO LANDS.— 6
(A) I
N GENERAL.—The terms ‘‘Navajo 7
Nation Lands’’ and ‘‘Navajo Lands’’ mean any 8
real property— 9
(i) in the Rio San Jose´Stream Sys-10
tem that is held by the United States in 11
trust for the Navajo Nation, or owned by 12
the Navajo Nation, as of the Enforceability 13
Date; or 14
(ii) in the Rio Puerco Basin that is 15
held by the United States in trust for the 16
Navajo Nation, or owned by the Navajo 17
Nation, as of the Enforceability Date. 18
(B) I
NCLUSIONS.—The terms ‘‘Navajo Na-19
tion Lands’’ and ‘‘Navajo Lands’’ include land 20
placed in trust with the United States subse-21
quent to the Enforceability Date for the Navajo 22
Nation in the Rio San Jose´Stream System and 23
in the Rio Puerco Basin. 24
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(C) EXCLUSION.—The terms ‘‘Navajo Na-1
tion Lands’’ and ‘‘Navajo Lands’’ do not in-2
clude Allotments. 3
(10) N
AVAJO NATION WATER CODE .—The term 4
‘‘Navajo Nation Water Code’’ means the water code 5
enacted in 1984 by the Navajo Nation Council 6
through Resolution CAU–34–84. (22 N.N.C. 1101 7
et seq.). 8
(11) N
AVAJO NATION WATER USE PERMIT .— 9
The term ‘‘Navajo Nation Water Use Permit’’ 10
means a document specifying terms and conditions 11
for diversion and use of water on Navajo Nation 12
Lands issued by the Navajo Nation within the scope 13
of its authority under the Navajo Nation Water 14
Code and the Settlement Agreement. 15
(12) N
AVAJO NATION’S WATER RIGHTS.— 16
(A) I
N GENERAL.—The term ‘‘Navajo Na-17
tion’s Water Rights’’ means— 18
(i) the water rights of the Navajo Na-19
tion in the Rio San Jose´Stream System— 20
(I) as identified in the Agreement 21
and section 5; and 22
(II) as confirmed in the Navajo 23
Partial Final Judgment and Decree; 24
and 25
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(ii) the water rights of the Navajo Na-1
tion in the Rio Puerco Basin, as identified 2
in the Agreement and section 5. 3
(B) E
XCLUSIONS.—The term ‘‘Navajo Na-4
tion’s Water Rights’’ does not include— 5
(i) any interest that the Nation may 6
have in an Allotment that is determined by 7
the Secretary to be patented pursuant to 8
section 1 of the Act of February 8, 1887 9
(commonly known as the ‘‘Indian General 10
Allotment Act’’) (24 Stat. 388, chapter 11
119; 25 U.S.C. 331) (as in effect on the 12
day before the date of enactment of the In-13
dian Land Consolidation Act Amendments 14
of 2000 (Public Law 106–462; 114 Stat. 15
1991)); or 16
(ii) any undivided interest that the 17
Nation may have in an Allotment that is 18
determined by the Secretary to be patented 19
pursuant to an authority other than sec-20
tion 1 of the Act of February 8, 1887 21
(commonly known as the ‘‘Indian General 22
Allotment Act’’) (24 Stat. 388, chapter 23
119; 25 U.S.C. 331) (as in effect on the 24
day before the date of enactment of the In-25
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dian Land Consolidation Act Amendments 1
of 2000 (Public Law 106–462; 114 Stat. 2
1991)). 3
(13) N
AVAJO PARTIAL FINAL JUDGMENT AND 4
DECREE.—The term ‘‘Navajo Partial Final Judg-5
ment and Decree’’ means a final or interlocutory 6
partial final judgment and decree entered by the De-7
cree Court with respect to the Navajo Nation’s 8
Water Rights— 9
(A) that is substantially in the form de-10
scribed in Article 17.14.7.2 of the Agreement, 11
as amended to ensure consistency with this Act; 12
and 13
(B) from which no further appeal may be 14
taken. 15
(14) N
AVAJO TRUST FUND.—The term ‘‘Navajo 16
Trust Fund’’ means the Navajo Nation Rio San 17
Jose´Settlement Trust Fund established under sec-18
tion 6(a). 19
(15) R
IO PUERCO BASIN .—The term ‘‘Rio 20
Puerco Basin’’ means the area defined by the 21
United States Geological Survey Hydrologic Unit 22
Codes (HUC) 13020204 (Rio Puerco subbasin) and 23
13020205 (Arroyo Chico subbasin), including the 24
hydrologically connected groundwater. 25
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(16) RIO SAN JOSE´STREAM SYSTEM .—The 1
term ‘‘Rio San Jose´Stream System’’ means the geo-2
graphic extent of the area involved in the Adjudica-3
tion pursuant to the description filed in the Decree 4
Court on November 21, 1986. 5
(17) S
ECRETARY.—The term ‘‘Secretary’’ 6
means the Secretary of the Interior. 7
(18) S
IGNATORY ACEQUIA.—The term ‘‘Signa-8
tory Acequia’’ means an acequia that is a signatory 9
to the Agreement. 10
(19) S
TATE.—The term ‘‘State’’ means the 11
State of New Mexico and all officers, agents, depart-12
ments, and political subdivisions of the State of New 13
Mexico. 14
SEC. 4. RATIFICATION OF AGREEMENT. 15
(a) R
ATIFICATION.— 16
(1) I
N GENERAL.—Except as modified by this 17
Act, and to the extent that the Agreement does not 18
conflict with this Act, the Agreement is authorized, 19
ratified, and confirmed. 20
(2) A
MENDMENTS.—If an amendment to the 21
Agreement, or any attachment to the Agreement re-22
quiring the signature of the Secretary, is executed in 23
accordance with this Act to make the Agreement 24
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consistent with this Act, the amendment is author-1
ized, ratified, and confirmed. 2
(b) E
XECUTION.— 3
(1) I
N GENERAL.—To the extent that the 4
Agreement does not conflict with this Act, the Sec-5
retary shall execute the Agreement, including all at-6
tachments to, or parts of, the Agreement requiring 7
the signature of the Secretary. 8
(2) M
ODIFICATIONS.—Nothing in this Act pro-9
hibits the Secretary, after execution of the Agree-10
ment, from approving any modification to the Agree-11
ment, including an attachment to the Agreement, 12
that is consistent with this Act, to the extent that 13
the modification does not otherwise require congres-14
sional approval under section 2116 of the Revised 15
Statutes (25 U.S.C. 177) or any other applicable 16
provision of Federal law. 17
(c) E
NVIRONMENTAL COMPLIANCE.— 18
(1) I
N GENERAL.—In implementing the Agree-19
ment and this Act, the Secretary shall comply 20
with— 21
(A) the Endangered Species Act of 1973 22
(16 U.S.C. 1531 et seq.); 23
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(B) the National Environmental Policy Act 1
of 1969 (42 U.S.C. 4321 et seq.), including the 2
implementing regulations of that Act; and 3
(C) all other applicable Federal environ-4
mental laws and regulations. 5
(2) C
OMPLIANCE.— 6
(A) I
N GENERAL.—In implementing the 7
Agreement and this Act, the Navajo Nation 8
shall prepare any necessary environmental doc-9
uments, consistent with— 10
(i) the Endangered Species Act of 11
1973 (16 U.S.C. 1531 et seq.); 12
(ii) the National Environmental Policy 13
Act of 1969 (42 U.S.C. 4321 et seq.), in-14
cluding the implementing regulations of 15
that Act; and 16
(iii) all other applicable Federal envi-17
ronmental laws and regulations. 18
(B) A
UTHORIZATIONS.—The Secretary 19
shall— 20
(i) independently evaluate the docu-21
mentation required under subparagraph 22
(A); and 23
(ii) be responsible for the accuracy, 24
scope, and contents of that documentation. 25
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(3) EFFECT OF EXECUTION .—The execution of 1
the Agreement by the Secretary under this section 2
shall not constitute a major Federal action under 3
the National Environmental Policy Act of 1969 (42 4
U.S.C. 4321 et seq.). 5
(4) C
OSTS.—Any costs associated with the per-6
formance of the compliance activities under this sub-7
section shall be paid from funds deposited in the 8
Navajo Trust Fund or other sources of funding from 9
the Navajo Nation, subject to the condition that any 10
costs associated with the performance of Federal ap-11
proval or other review of such compliance work or 12
costs associated with inherently Federal functions 13
shall remain the responsibility of the Secretary. 14
SEC. 5. NAVAJO NATION’S WATER RIGHTS. 15
(a) T
RUSTSTATUS OFNAVAJONATION’SWATER 16
R
IGHTS.—The Navajo Nation’s Water Rights shall be 17
held in trust by the United States on behalf of the Nation 18
in accordance with the Agreement and this Act. 19
(b) F
ORFEITURE ANDABANDONMENT.— 20
(1) I
N GENERAL.—The Navajo Nation’s Water 21
Rights shall not be subject to loss through non-use, 22
forfeiture, abandonment, or other operation of law. 23
(2) S
TATE-LAW BASED WATER RIGHTS .—State- 24
law based water rights acquired by the Navajo Na-25
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tion, or by the United States on behalf of the Na-1
tion, after the date for inclusion in the Navajo Par-2
tial Final Judgment and Decree, shall not be subject 3
to forfeiture, abandonment, or permanent alienation 4
from the time they are acquired. 5
(c) U
SE.—Any use of the Navajo Nation’s Water 6
Rights shall be subject to the terms and conditions of the 7
Agreement and this Act. 8
(d) A
LLOTMENT RIGHTSNOTINCLUDED.—Con-9
sistent with section 13, the Navajo Nation’s Water Rights 10
shall not include any water rights for an Allotment, sub-11
ject to the condition that the Navajo Nation may allow 12
use of the Navajo Nation’s Water Rights on an Allotment 13
subject to the terms and conditions of the Agreement and 14
this Act. 15
(e) A
LLOTTEESNOTADVERSELYAFFECTED.— 16
Nothing in this Act quantifies or diminishes any water 17
right, or any claim or entitlement to water, of an Allottee. 18
(f) A
LLOTTEEWATERRIGHTS.—The Nation shall 19
not object in any general stream adjudication, including 20
the Adjudication, to the quantification of reasonable do-21
mestic, stock, and irrigation water uses on an Allotment, 22
and shall administer any water use in accordance with ap-23
plicable Federal law, including recognition of— 24
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(1) any water use existing on an Allotment as 1
of the date of enactment of this Act; 2
(2) reasonable domestic, stock, and irrigation 3
water uses on an Allotment; and 4
(3) any water right decreed to the United 5
States in trust for an Allottee in a general stream 6
adjudication, including the Adjudication, for use on 7
an Allotment. 8
(g) A
UTHORITY OF THENAVAJONATION.— 9
(1) U
SE ON NAVAJO LANDS .—The Navajo Na-10
tion shall have the authority to allocate, distribute, 11
and lease the Navajo Nation’s Water Rights for use 12
on Navajo Lands in accordance with the Agreement, 13
this Act, and applicable Federal law, including the 14
first section of the Act of August 9, 1955 (69 Stat. 15
539, chapter 615; 25 U.S.C. 415) (commonly known 16
as the ‘‘Long-Term Leasing Act’’). 17
(2) U
SE OFF NAVAJO LANDS.— 18
(A) I
N GENERAL.—The Navajo Nation 19
may allocate, distribute, and lease the Navajo 20
Nation’s Water Rights for use off Navajo 21
Lands in accordance with the Agreement, this 22
Act, and applicable Federal law, subject to the 23
approval of the Secretary. 24
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(B) MAXIMUM TERM .—The maximum 1
term of any lease, including all renewals, under 2
this paragraph shall not exceed 99 years. 3
(h) A
DMINISTRATION.— 4
(1) N
O ALIENATION.—The Navajo Nation shall 5
not permanently alienate any portion of the Navajo 6
Nation’s Water Rights. 7
(2) P
URCHASES OR GRANTS OF LAND FROM IN -8
DIANS.—An authorization provided by this Act for 9
the allocation, distribution, leasing, or other ar-10
rangement entered into pursuant to this Act shall be 11
considered to satisfy any requirement for authoriza-12
tion of the action required by Federal law. 13
(3) P
ROHIBITION ON FORFEITURE .—The non- 14
use of all or any portion of the Navajo Nation’s 15
Water Rights by any water user shall not result in 16
the forfeiture, abandonment, relinquishment, or 17
other loss of all or any portion of the Navajo Na-18
tion’s Water Rights. 19
(4) F
ORBEARANCE BY NAVAJO NATION FOR 20
NON-STOCK WATER RIGHTS OF CERTAIN ALLOT -21
MENTS.—Forbearance by the Navajo Nation in ac-22
cordance with Article 17.13.4 of the Agreement— 23
(A) shall be considered non-use for pur-24
poses of paragraph (3); and 25
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(B) shall not result in the forfeiture, aban-1
donment, relinquishment, or other loss of any 2
portion of the Navajo Nation’s Water Rights. 3
SEC. 6. NAVAJO NATION RIO SAN JOSE
´
SETTLEMENT 4
TRUST FUND. 5
(a) E
STABLISHMENT.—The Secretary shall establish 6
a trust fund, to be known as the ‘‘Navajo Nation Rio San 7
Jose´Water Rights Settlement Trust Fund’’, to be man-8
aged, invested, and distributed by the Secretary and to 9
remain available until expended, withdrawn, or reverted 10
to the general fund of the Treasury, consisting of the 11
amounts deposited in the Navajo Trust Fund under sub-12
section (c), together with any investment earnings, includ-13
ing interest, earned on those amounts, for the purpose of 14
carrying out this Act. 15
(b) A
CCOUNTS.—The Secretary shall establish in the 16
Navajo Trust Fund the following accounts: 17
(1) The Navajo Nation Water Rights Settle-18
ment Account. 19
(2) The Navajo Nation Operations and Mainte-20
nance Account. 21
(c) D
EPOSITS.—The Secretary shall deposit in the 22
Navajo Trust Fund the amounts made available pursuant 23
to section 7(a). 24
(d) M
ANAGEMENT AND INTEREST.— 25
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(1) MANAGEMENT.—On receipt and deposit of 1
funds into the Navajo Trust Fund under subsection 2
(c), the Secretary shall manage, invest, and dis-3
tribute all amounts in the Navajo Trust Fund in a 4
manner that is consistent with the investment au-5
thority of the Secretary under— 6
(A) the first section of the Act of June 24, 7
1938 (25 U.S.C. 162a); 8
(B) the American Indian Trust Fund Man-9
agement Reform Act of 1994 (25 U.S.C. 4001 10
et seq.); and 11
(C) this subsection. 12
(2) I
NVESTMENT EARNINGS .—In addition to 13
the deposits made to the Navajo Trust Fund under 14
subsection (c), any investment earnings, including 15
interest, earned on those amounts held in the Nav-16
ajo Trust Fund are authorized to be used in accord-17
ance with subsections (f) and (h). 18
(e) A
VAILABILITY OFAMOUNTS.— 19
(1) I
N GENERAL.—Amounts appropriated to, 20
and deposited in, the Navajo Trust Fund, including 21
any investment earnings, including interest, earned 22
on those amounts, shall be made available to the Na-23
tion by the Secretary beginning on the Enforce-24
ability Date, subject to the requirements of this sec-25
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tion, except for funds to be made available to the 1
Nation pursuant to paragraph (2). 2
(2) U
SE OF FUNDS.—Notwithstanding para-3
graph (1), up to $15,000,000 of the amounts depos-4
ited in the Navajo Nation Water Rights Settlement 5
Account, including any investment earnings, includ-6
ing interest, earned on those amounts, shall be avail-7
able to the Nation on the date on which the amounts 8
are deposited in the Navajo Nation Water Rights 9
Settlement Account for the following uses: 10
(A) Feasibility studies, planning, engineer-11
ing, design, and related environmental, cultural, 12
and historical compliance, and obtaining rights- 13
of-way or permits for water supply infrastruc-14
ture to serve Navajo Nation needs consistent 15
with subsection (h)(1)(B). 16
(B) Installing, on Navajo Lands, ground-17
water wells and associated infrastructure to 18
meet immediate domestic, commercial, munic-19
ipal and industrial water needs, and associated 20
environmental, cultural, and historical compli-21
ance. 22
(f) W
ITHDRAWALS.— 23
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(1) WITHDRAWALS UNDER THE AMERICAN IN -1
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 2
1994.— 3
(A) I
N GENERAL.—The Navajo Nation 4
may withdraw any portion of the amounts in 5
the Navajo Trust Fund on approval by the Sec-6
retary of a Tribal management plan submitted 7
by the Nation in accordance with the American 8
Indian Trust Fund Management Reform Act of 9
1994 (25 U.S.C. 4001 et seq.). 10
(B) R
EQUIREMENTS.—In addition to the 11
requirements under the American Indian Trust 12
Fund Management Reform Act of 1994 (25 13
U.S.C. 4001 et seq.), the Tribal management 14
plan under this paragraph shall require that the 15
Nation shall spend all amounts withdrawn from 16
the Navajo Trust Fund, and any investment 17
earnings, including interest, earned on those 18
amounts, through the investments under the 19
Tribal management plan, in accordance with 20
this Act. 21
(C) E
NFORCEMENT.—The Secretary may 22
carry out such judicial and administrative ac-23
tions as the Secretary determines to be nec-24
essary to enforce the Tribal management plan 25
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under this paragraph to ensure that amounts 1
withdrawn by the Nation from the Navajo 2
Trust Fund under subparagraph (A) are used 3
in accordance with this Act. 4
(2) W
ITHDRAWALS UNDER EXPENDITURE 5
PLAN.— 6
(A) I
N GENERAL.—The Navajo Nation 7
may submit to the Secretary a request to with-8
draw funds from the Navajo Trust Fund pursu-9
ant to an approved expenditure plan. 10
(B) R
EQUIREMENTS.—To be eligible to 11
withdraw amounts under an expenditure plan 12
under subparagraph (A), the Nation shall sub-13
mit to the Secretary an expenditure plan for 14
any portion of the Navajo Trust Fund that the 15
Nation elects to withdraw pursuant to that sub-16
paragraph, subject to the condition that the 17
amounts shall be used for the purposes de-18
scribed in this Act. 19
(C) I
NCLUSIONS.—An expenditure plan 20
under this paragraph shall include a description 21
of the manner and purpose for which the 22
amounts proposed to be withdrawn from the 23
Navajo Trust Fund will be used by the Nation, 24
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in accordance with this subsection and sub-1
section (h). 2
(D) A
PPROVAL.—The Secretary shall ap-3
prove an expenditure plan submitted under sub-4
paragraph (A) if the Secretary determines that 5
the plan— 6
(i) is reasonable; and 7
(ii) is consistent with, and will be used 8
for, the purposes of this Act. 9
(E) E
NFORCEMENT.—The Secretary may 10
carry out such judicial and administrative ac-11
tions as the Secretary determines to be nec-12
essary to enforce an expenditure plan to ensure 13
that amounts disbursed under this paragraph 14
are used in accordance with this Act. 15
(g) E
FFECT OFSECTION.—Nothing in this section 16
gives the Navajo Nation the right to judicial review of a 17
determination of the Secretary relating to whether to ap-18
prove a Tribal management plan under paragraph (1) of 19
subsection (f) or an expenditure plan under paragraph (2) 20
of that subsection except under subchapter II of chapter 21
5, and chapter 7, of title 5, United States Code (commonly 22
known as the ‘‘Administrative Procedure Act’’). 23
(h) U
SES.— 24
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(1) NAVAJO NATION WATER RIGHTS SETTLE -1
MENT ACCOUNT.—The Navajo Nation Water Rights 2
Settlement Account may only be used for the fol-3
lowing purposes: 4
(A) Acquiring water rights or water sup-5
ply. 6
(B) Planning, permitting, designing, engi-7
neering, constructing, reconstructing, replacing, 8
rehabilitating, operating, or repairing water 9
production, treatment, or delivery infrastruc-10
ture, including for domestic and municipal use, 11
on-farm improvements, or wastewater infra-12
structure. 13
(C) Navajo Nation’s Water Rights man-14
agement and administration. 15
(D) Watershed protection and enhance-16
ment, support of agriculture, water-related Nav-17
ajo community welfare and economic develop-18
ment, and costs relating to implementation of 19
the Agreement. 20
(E) Environmental compliance in the de-21
velopment and construction of infrastructure 22
under this Act. 23
(2) N
AVAJO NATION OPERATIONS AND MAINTE -24
NANCE ACCOUNT.—The Navajo Nation Water Infra-25
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structure Operations and Maintenance Account may 1
only be used to pay costs for operation, mainte-2
nance, and replacement of water infrastructure to 3
serve Navajo domestic, commercial, municipal, and 4
industrial water uses from any water source. 5
(i) L
IABILITY.—The Secretary and the Secretary of 6
the Treasury shall not be liable for the expenditure or in-7
vestment of any amounts withdrawn from the Navajo 8
Trust Fund by the Nation under paragraph (1) or (2) of 9
subsection (f). 10
(j) E
XPENDITUREREPORTS.—The Navajo Nation 11
shall annually submit to the Secretary an expenditure re-12
port describing accomplishments and amounts spent from 13
use of withdrawals under a Tribal management plan or 14
an expenditure plan under paragraph (1) or (2) of sub-15
section (f), as applicable. 16
(k) N
OPERCAPITADISTRIBUTIONS.—No portion of 17
the Navajo Trust Fund shall be distributed on a per capita 18
basis to any member of Navajo Nation. 19
(l) T
ITLE TOINFRASTRUCTURE.—Title to, control 20
over, and operation of any project constructed using funds 21
from the Navajo Trust Fund shall remain in the Navajo 22
Nation. 23
(m) O
PERATION, MAINTENANCE, ANDREPLACE-24
MENT.—All operation, maintenance, and replacement 25
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costs of any project constructed using funds from the Nav-1
ajo Trust Fund shall be the responsibility of the Nation. 2
SEC. 7. FUNDING. 3
(a) M
ANDATORY APPROPRIATIONS.—Out of any 4
money in the Treasury not otherwise appropriated, the 5
Secretary of the Treasury shall transfer to the Secretary 6
the following amounts for deposit in the following ac-7
counts: 8
(1) T
HE NAVAJO NATION WATER RIGHTS SET -9
TLEMENT ACCOUNT .—For deposit in the Navajo Na-10
tion Water Rights Settlement Account established 11
under section 6(b)(1), $200,271,000, to remain 12
available until expended, withdrawn, or reverted to 13
the general fund of the Treasury. 14
(2) T
HE NAVAJO NATION OPERATIONS AND 15
MAINTENANCE ACCOUNT .—For deposit in the Nav-16
ajo Nation Operations and Maintenance Account es-17
tablished under section 6(b)(2), $23,000,000, to re-18
main available until expended, withdrawn, or re-19
verted to the general fund of the Treasury. 20
(b) F
LUCTUATION INCOSTS.— 21
(1) I
N GENERAL.—The amounts appropriated 22
under subsection (a) shall be increased or decreased, 23
as appropriate, by such amounts as may be justified 24
by reason of ordinary fluctuations in costs, as indi-25
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cated by the Bureau of Reclamation Construction 1
Cost Index–Composite Trend. 2
(2) C
ONSTRUCTION COSTS ADJUSTMENT .—The 3
amounts appropriated under subsection (a) shall be 4
adjusted to address construction cost changes nec-5
essary to account for unforeseen market volatility 6
that may not otherwise be captured by construction 7
cost indices, as determined by the Secretary, includ-8
ing repricing applicable to the types of construction 9
and current industry standards involved. 10
(3) R
EPETITION.—The adjustment process 11
under this subsection shall be repeated for each sub-12
sequent amount appropriated until the applicable 13
amount, as adjusted, has been appropriated. 14
(4) P
ERIOD OF INDEXING.—The period of in-15
dexing and adjustment under this subsection for any 16
increment of funding shall start on October 1, 2021, 17
and end on the date on which funds are deposited 18
in the Navajo Trust Fund. 19
(c) S
TATECOST-SHARE.—Pursuant to the Agree-20
ment, the State shall contribute— 21
(1) $3,000,000, as adjusted for inflation pursu-22
ant to the Agreement, to the Bluewater Toltec Irri-23
gation District and Acequia Madre del Ojo del Gallo 24
for purposes described in the Agreement; and 25
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(2) if applicable, additional funding subject to 1
the provisions of Article 17.12.4 of the Agreement. 2
SEC. 8. ENFORCEABILITY DATE. 3
The Enforceability Date shall be the date on which 4
the Secretary publishes in the Federal Register a state-5
ment of findings that— 6
(1) to the extent that the Agreement conflicts 7
with this Act, the Agreement has been amended to 8
conform with this Act; 9
(2) the Agreement, as amended, has been exe-10
cuted by all parties to the Agreement, including the 11
United States; 12
(3) all of the amounts appropriated under sec-13
tion 7(a) have been appropriated and deposited in 14
the designated accounts of the Navajo Trust Fund; 15
(4) the State has— 16
(A) provided $3,000,000 of funding under 17
section 7(c)(1) into the appropriate funding ac-18
counts or entered into a funding agreement 19
with the intended beneficiaries for that funding; 20
and 21
(B) enacted legislation to amend State law 22
to provide that a Navajo Nation Water Right 23
may be leased for a term not to exceed 99 24
years, including renewals; 25
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(5) the Decree Court has approved the Agree-1
ment and has entered the Navajo Partial Final 2
Judgment and Decree; and 3
(6) the waivers and releases under section 9 4
have been executed by the Navajo Nation and the 5
Secretary. 6
SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 7
(a) W
AIVERS ANDRELEASES OFCLAIMS BY THE 8
N
AVAJONATION ANDUNITEDSTATES ASTRUSTEE FOR 9
THENATION.—Subject to the reservation of rights and 10
retention of claims under subsection (d), as consideration 11
for recognition of the Navajo Nation’s Water Rights and 12
other benefits described in the Agreement and this Act, 13
the Navajo Nation, on behalf of the Nation and members 14
of the Nation (other than members in their capacity as 15
Allottees), and the United States, acting as trustee for the 16
Nation and members of the Nation (other than members 17
in their capacity as Allottees), shall execute a waiver and 18
release of all claims for— 19
(1) water rights within the Rio San Jose´ 20
Stream System that the Navajo Nation or the 21
United States acting as trustee for the Nation, as-22
serted or could have asserted in any proceeding, in-23
cluding the Adjudication, on or before the Enforce-24
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ability Date, except to the extent that such rights 1
are recognized in the Agreement and this Act; and 2
(2) damages, losses, or injuries to water rights 3
or claims of interference with, diversion of, or taking 4
of water rights (including claims for injury to land 5
resulting from such damages, losses, injuries, inter-6
ference with, diversion, or taking of water rights) in 7
waters in the Rio San Jose´Stream System against 8
any party to the Agreement, including the members 9
and parciantes of Signatory Acequias, that accrued 10
at any time up to and including the Enforceability 11
Date. 12
(b) W
AIVERS ANDRELEASES OFCLAIMS BYNAVAJO 13
N
ATIONAGAINSTUNITEDSTATES.—Subject to the res-14
ervation of rights and retention of claims under subsection 15
(d), the Navajo Nation, on behalf of the Nation (including 16
in its capacity as an Allottee) and members of the Nation 17
(other than members in their capacity as Allottees) shall 18
execute a waiver and release of all claims against the 19
United States (including any agency or employee of the 20
United States) first arising before the Enforceability Date 21
relating to— 22
(1) water rights within the Rio San Jose´ 23
Stream System that the United States, acting as 24
trustee for the Navajo Nation, asserted or could 25
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have asserted in any proceeding, including the Adju-1
dication, except to the extent that such rights are 2
recognized as part of the Navajo Nation’s Water 3
Rights under this Act; 4
(2) foregone benefits from non-Navajo use of 5
water, on and off Navajo Lands (including water 6
from all sources and for all uses) within the Rio San 7
Jose´Stream System; 8
(3) damage, loss, or injury to water, water 9
rights, land, or natural resources due to loss of 10
water or water rights (including damages, losses, or 11
injuries to hunting, fishing, gathering, or cultural 12
rights due to loss of water or water rights, claims 13
relating to interference with, diversion of, or taking 14
of water, or claims relating to a failure to protect, 15
acquire, replace, or develop water, water rights, or 16
water infrastructure) within the Rio San Jose´ 17
Stream System; 18
(4) a failure to provide for operation, mainte-19
nance, or deferred maintenance for any irrigation 20
system or irrigation project within the Rio San Jose´ 21
Stream System; 22
(5) a failure to establish or provide a municipal, 23
rural, or industrial water delivery system on Navajo 24
Lands within the Rio San Jose´Stream System; 25
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(6) damage, loss, or injury to water, water 1
rights, land, or natural resources due to construc-2
tion, operation, and management of irrigation 3
projects on Navajo Lands (including damages, 4
losses, or injuries to fish habitat, wildlife, and wild-5
life habitat) within the Rio San Jose´Stream Sys-6
tem; 7
(7) a failure to provide a dam safety improve-8
ment to a dam on Navajo Lands within the Rio San 9
Jose´Stream System; 10
(8) the litigation of claims relating to any water 11
right of the Nation within the Rio San Jose´Stream 12
System; and 13
(9) the negotiation, execution, or adoption of 14
the Agreement (including attachments) and this Act. 15
(c) E
FFECTIVEDATE.—The waivers and releases de-16
scribed in subsections (a) and (b) shall take effect on the 17
Enforceability Date. 18
(d) R
ESERVATION OF RIGHTS ANDRETENTION OF 19
C
LAIMS.—Notwithstanding the waivers and releases under 20
subsections (a) and (b), the Navajo Nation and the United 21
States, acting as trustee for the Nation, shall retain all 22
claims relating to— 23
(1) the enforcement of, or claims accruing after 24
the Enforceability Date relating to, water rights rec-25
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ognized under the Agreement, this Act, or the Nav-1
ajo Partial Final Judgment and Decree entered in 2
the Adjudication; 3
(2) activities affecting the quality of water and 4
the environment, including claims under— 5
(A) the Comprehensive Environmental Re-6
sponse, Compensation, and Liability Act of 7
1980 (42 U.S.C. 9601 et seq.), including claims 8
for damages to natural resources; 9
(B) the Safe Drinking Water Act (42 10
U.S.C. 300f et seq.); 11
(C) the Federal Water Pollution Control 12
Act (33 U.S.C. 1251 et seq.) (commonly re-13
ferred to as the ‘‘Clean Water Act’’); and 14
(D) any regulations implementing the Acts 15
described in subparagraphs (A) through (C); 16
(3) the right to use and protect water rights ac-17
quired after the date of enactment of this Act; 18
(4) damage, loss, or injury to land or natural 19
resources that is not due to loss of water or water 20
rights, including hunting, fishing, gathering, or cul-21
tural rights; 22
(5) all claims for water rights, and claims for 23
injury to water rights, in basins other than the Rio 24
San Jose´Stream System, subject to the Agreement 25
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with respect to the claims of the Navajo Nation for 1
water rights in the Rio Puerco Basin; and 2
(6) all rights, remedies, privileges, immunities, 3
powers, and claims not specifically waived and re-4
leased pursuant to this Act or the Agreement. 5
(e) E
FFECT OFAGREEMENT AND ACT.—Nothing in 6
the Agreement or this Act— 7
(1) reduces or extends the sovereignty (includ-8
ing civil and criminal jurisdiction) of any govern-9
ment entity, except as provided in section 11; 10
(2) affects the ability of the United States, as 11
a sovereign, to carry out any activity authorized by 12
law, including— 13
(A) the Comprehensive Environmental Re-14
sponse, Compensation, and Liability Act of 15
1980 (42 U.S.C. 9601 et seq.); 16
(B) the Safe Drinking Water Act (42 17
U.S.C. 300f et seq.); 18
(C) the Federal Water Pollution Control 19
Act (33 U.S.C. 1251 et seq.) (commonly re-20
ferred to as the ‘‘Clean Water Act’’); 21
(D) the Solid Waste Disposal Act (42 22
U.S.C. 6901 et seq.); and 23
(E) any regulations implementing the Acts 24
described in subparagraphs (A) through (D); 25
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(3) affects the ability of the United States to 1
act as trustee for the Navajo Nation (consistent with 2
this Act), any other Indian Tribe, or an Allottee of 3
any other Indian Tribe; 4
(4) confers jurisdiction on any State court— 5
(A) to interpret Federal law relating to 6
health, safety, or the environment; 7
(B) to determine the duties of the United 8
States or any other party under Federal law re-9
garding health, safety, or the environment; or 10
(C) to conduct judicial review of any Fed-11
eral agency action; or 12
(5) waives any claim of a member of the Navajo 13
Nation in an individual capacity that does not derive 14
from a right of the Navajo Nation. 15
(f) O
FFSETRELATING TO RIOPUERCO.—The 16
United States shall be entitled to offset $20,000,000 17
against— 18
(1) any judgment against the United States for 19
claims relating to water rights in the Rio Puerco 20
Basin, including breach of trust and damage claims 21
relating to water rights in the Rio Puerco Basin, in 22
a case brought by the Nation or any user of the 23
Navajo Nation’s Water Rights; or 24
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(2) a Federal contribution to any future settle-1
ment of water rights of the Navajo Nation in the 2
Rio Puerco Basin. 3
(g) T
OLLING OFCLAIMS.— 4
(1) I
N GENERAL.—Each applicable period of 5
limitation and time-based equitable defense relating 6
to a claim described in this section shall be tolled for 7
the period beginning on the date of enactment of 8
this Act and ending on the Enforceability Date. 9
(2) E
FFECT OF SUBSECTION .—Nothing in this 10
subsection revives any claim or tolls any period of 11
limitation or time-based equitable defense that ex-12
pired before the date of enactment of this Act. 13
(3) L
IMITATION.—Nothing in this section pre-14
cludes the tolling of any period of limitation or any 15
time-based equitable defense under any other appli-16
cable law. 17
(h) E
XPIRATION.— 18
(1) I
N GENERAL.—This Act shall expire in any 19
case in which the Secretary fails to publish a state-20
ment of findings under section 8 by not later than— 21
(A) July 1, 2030; or 22
(B) such alternative later date as is agreed 23
to by the Navajo Nation and the Secretary, 24
after providing reasonable notice to the State. 25
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(2) CONSEQUENCES.—If this Act expires under 1
paragraph (1)— 2
(A) the waivers and releases under sub-3
sections (a) and (b) shall— 4
(i) expire; and 5
(ii) have no further force or effect; 6
(B) the authorization, ratification, con-7
firmation, and execution of the Agreement 8
under section 4 shall no longer be effective; 9
(C) any action carried out by the Sec-10
retary, and any contract or agreement entered 11
into, pursuant to this Act shall be void; 12
(D) any unexpended Federal funds appro-13
priated or made available to carry out the ac-14
tivities authorized by this Act, together with 15
any interest earned on those funds, and any 16
water rights or contracts to use water and title 17
to other property acquired or constructed with 18
Federal funds appropriated or made available 19
to carry out the activities authorized by this 20
Act, shall be returned to the Federal Govern-21
ment, unless otherwise agreed to by Navajo Na-22
tion and the United States and approved by 23
Congress; and 24
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(E) except for Federal funds used to ac-1
quire or construct property that is returned to 2
the Federal Government under subparagraph 3
(D), the United States shall be entitled to offset 4
any Federal funds made available to carry out 5
this Act that were expended or withdrawn, or 6
any funds made available to carry out this Act 7
from other Federal authorized sources, together 8
with any interest accrued on those funds, 9
against any claims against the United States— 10
(i) relating to water rights in the 11
State asserted by— 12
(I) the Nation or any user of the 13
Navajo Nation’s Water Rights; or 14
(II) any other matter covered by 15
subsection (b); or 16
(ii) in any future settlement of water 17
rights of the Navajo Nation. 18
SEC. 10. SATISFACTION OF CLAIMS. 19
The benefits provided under this Act shall be in com-20
plete replacement of, complete substitution for, and full 21
satisfaction of any claim of the Navajo Nation against the 22
United States that are waived and released by the Nation 23
pursuant to section 9(b). 24
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SEC. 11. CONSENT OF UNITED STATES TO JURISDICTION 1
FOR JUDICIAL REVIEW OF A NAVAJO NATION 2
WATER USE PERMIT DECISION. 3
(a) C
ONSENT.—On the Enforceability Date, the con-4
sent of the United States is hereby given, with the consent 5
of the Navajo Nation under Article 17.14.4 of the Agree-6
ment, to jurisdiction in the District Court for the Thir-7
teenth Judicial District of the State of New Mexico, and 8
in the New Mexico Court of Appeals and the New Mexico 9
Supreme Court on appeal therefrom in the same manner 10
as provided under New Mexico law, over an action filed 11
in such District Court by any party to a Navajo Nation 12
Water Use Permit administrative proceeding under Article 13
17.10.4 of the Agreement for the limited and sole purpose 14
of judicial review of a Navajo Nation Water Use Permit 15
decision under Article 17.10.5 of the Agreement. 16
(b) L
IMITATION.—The consent of the United States 17
for review of a Navajo Nation Water Use Permit is limited 18
to judicial review, based on the record developed through 19
the administrative process of the Navajo Nation, under a 20
standard of judicial review limited to determining whether 21
the Navajo Nation decision on the application for the Nav-22
ajo Nation Water Use Permit— 23
(1) is supported by substantial evidence; 24
(2) is not arbitrary, capricious, or contrary to 25
law; 26
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(3) is not in accordance with the Agreement or 1
the Navajo Partial Final Judgment and Decree; or 2
(4) shows that the Navajo Nation acted fraudu-3
lently or outside the scope of its authority. 4
(c) N
AVAJONATIONWATERCODE ANDINTERPRE-5
TATION.— 6
(1) I
N GENERAL.—Navajo Nation Water Code 7
or Navajo Water Law provisions that meet the re-8
quirements of Article 17.10 of the Agreement shall 9
be given full faith and credit in any proceeding de-10
scribed in this section. 11
(2) P
ROVISIONS OF THE NAVAJO NATION 12
WATER CODE.—To the extent that a State court 13
conducting judicial review under this section must 14
interpret provisions of Navajo Nation law that are 15
not express provisions of the Navajo Nation Water 16
Code or Navajo Nation water law, the State court 17
shall certify the question of interpretation to the 18
Navajo Nation court. 19
(3) N
O CERTIFICATION.—Any issues of inter-20
pretation of standards in Article 17.10.6 of the 21
Agreement are not subject to certification. 22
(4) L
IMITATION.—Nothing in this section limits 23
the jurisdiction of the Decree Court to interpret and 24
enforce the Agreement. 25
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SEC. 12. MISCELLANEOUS PROVISIONS. 1
(a) N
OWAIVER OFSOVEREIGNIMMUNITY BY THE 2
U
NITEDSTATES.—Nothing in this Act waives the sov-3
ereign immunity of the United States. 4
(b) O
THERTRIBESNOTADVERSELYAFFECTED.— 5
Nothing in this Act quantifies or diminishes any land or 6
water right, or any claim or entitlement to land or water, 7
of an Indian Tribe, band, Pueblo, or community other 8
than the Navajo Nation. 9
(c) E
FFECT ONCURRENTLAW.—Nothing in this Act 10
affects any provision of law (including regulations) in ef-11
fect on the day before the date of enactment of this Act 12
with respect to pre-enforcement review of any Federal en-13
vironmental enforcement action. 14
(d) C
ONFLICT.—In the event of a conflict between 15
the Agreement and this Act, this Act shall control. 16
SEC. 13. RELATION TO ALLOTTEES. 17
(a) N
OEFFECT ONCLAIMS OFALLOTTEES.—Noth-18
ing in this Act or the Agreement shall affect the rights 19
or claims of Allottees, or the United States, acting in its 20
capacity as trustee for or on behalf of Allottees, for water 21
rights or damages relating to land allotted by the United 22
States to Allottees. 23
(b) R
ELATIONSHIP OFDECREE TOALLOTTEES.— 24
(1) S
EPARATE ADJUDICATION .—Notwith-25
standing whether an Allotment is patented pursuant 26
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to section 1 of the Act of February 8, 1887 (com-1
monly known as the ‘‘Indian General Allotment 2
Act’’) (24 Stat. 388, chapter 119; 25 U.S.C. 331) 3
(as in effect on the day before the date of enactment 4
of the Indian Land Consolidation Act Amendments 5
of 2000 (Public Law 106–462; 114 Stat. 1991)) or 6
section 4 of that Act (24 Stat. 389, chapter 119; 25 7
U.S.C. 334), as determined by the Secretary, when 8
adjudicated— 9
(A) water rights for Allotments shall be 10
separate from the Navajo Nation’s Water 11
Rights; and 12
(B) no water rights for Allotments shall be 13
included in the Navajo Partial Final Judgment 14
and Decree. 15
(2) A
LLOTMENT WATER RIGHTS .—The Allot-16
ment water rights adjudicated separately pursuant 17
to paragraph (1) shall not be subject to the restric-18
tions or conditions that apply to the use of the Nav-19
ajo Nation’s Water Rights, subject to the condition 20
that if an Allotment governed by the Act of Feb-21
ruary 8, 1887 (commonly known as the ‘‘Indian 22
General Allotment Act’’) (24 Stat. 388, chapter 23
119) becomes Navajo Nation Lands, the water 24
rights associated with that Allotment shall be sub-25
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ject to the restrictions and conditions on the Navajo 1
Nation’s Water Rights set forth in this Act and the 2
Agreement. 3
(3) A
LLOTTEE WATER RIGHTS TO BE ADJU -4
DICATED.—Allottees, or the United States, acting in 5
its capacity as trustee for Allottees, may make water 6
rights claims, and those claims may be adjudicated 7
in the Rio San Jose´Stream System or the Rio 8
Puerco Basin. 9
SEC. 14. EXPANSION OF NAVAJO-GALLUP WATER SUPPLY 10
PROJECT SERVICE AREA. 11
(a) D
EFINITION OFPROJECT.—In this section, the 12
term ‘‘Project’’ means the Navajo-Gallup Water Supply 13
Project authorized under section 10602 of the North-14
western New Mexico Rural Water Projects Act (Public 15
Law 111–11; 123 Stat. 1379). 16
(b) E
XPANSION OF PROJECTSERVICEAREAAU-17
THORIZED.—The Nation may expand the service area for 18
the Project in order to deliver water supply from the 19
Project to communities of the Nation within the Rio San 20
Jose´Basin in the State. 21
(c) A
PPROVAL OFFINALDESIGN FOREXPANSION.— 22
If water will be supplied from facilities of the Project to 23
the Rio San Jose´Basin at a time when the Bureau of 24
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Reclamation still holds title to those facilities, the Navajo 1
Nation shall— 2
(1) obtain approval, in writing, from the Com-3
missioner of Reclamation for the final design of the 4
connection and related facilities needed to connect 5
the extension into the Rio San Jose´area from those 6
facilities; and 7
(2) coordinate construction of the connection 8
and related facilities with the Commissioner of Rec-9
lamation. 10
SEC. 15. ANTIDEFICIENCY. 11
The United States shall not be liable for any failure 12
to carry out any obligation or activity authorized by this 13
Act, including any obligation or activity under the Agree-14
ment, if adequate appropriations are not provided ex-15
pressly by Congress to carry out the purposes of this Act. 16
Æ
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