; and (C) to conduct judicial review of Federal agency action; (4) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe; or (5) affects the requirement of any party to the Kickapoo Tribe Water Rights Settlement Agreement or any of the exhibits to the Kickapoo Tribe Water Rights Settlement Agreement to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) prior to performing the respective obligations of that party under the Kickapoo Tribe Water Rights Settlement Agreement. (c) Enforceability date The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that the Court has approved and entered a judgment and decree approving the Kickapoo Tribe Water Rights Settlement Agreement. 7. Water facilities The Secretary of Agriculture, as delegated to the Director of the Natural Resources Conservation Service, in consultation with the Secretary as delegated to the Secretary’s Indian Water Rights Office, is hereby directed— (1) to commence a study of the Upper Delaware and Tributaries Watershed Plan, as authorized by the Committee on Environment and Public Works of the Senate (Senate Report 105–13; April 22, 1997); and (2) not later than 2 years after the date of enactment of this Act, make recommendations to Congress with respect to material alterations or changes in the Plan necessary to effectuate, in part, the Tribal water rights approved, ratified, and confirmed by the Kickapoo Tribe Water Rights Settlement Agreement and this Act. 8. Waiver and release of claims; retention of claims As described in Article 12 of the Kickapoo Tribe Water Rights Settlement Agreement— (1) upon the enactment of this Act, the Tribe and the United States agree to waive claims to water rights in the Delaware River Basin