; or (C) to conduct judicial review of a 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 Settlement Agreement or any of the exhibits to the 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. 7. Water facilities (a) In general 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, to make recommendations to Congress with respect to material alterations or changes in the Upper Delaware and Tributaries Watershed Plan necessary to effectuate, in part, the Tribal water right approved, ratified, and confirmed by the Kickapoo Tribe Water Rights Settlement Agreement and this Act. (b) No duty The enactment of this Act does not impose a duty or otherwise obligate the United States to appropriate funds, plan, design, or take any other action to construct any infrastructure. Any appropriations for infrastructure and any matters related to the Agreement and this Act will be considered by Congress following receipt of the recommendations for material changes or alterations in the Upper Delaware and Tributaries Watershed Plan referenced herein. 8. Waiver and release of claims