Sec. 9. Waivers and releases of claims
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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 the 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.
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; 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.
The waivers and releases described in subsections
(a)and
(b)shall take effect on the Enforceability Date. 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 ( 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. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); and 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. 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 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 ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and 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. 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. 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. 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. Nothing in this section precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. 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. If this Act expires under paragraph (1)— the waivers and releases under subsections
(a)and
(b)shall— expire; and 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— 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 in any future settlement of water rights of the Navajo Nation.
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