Us Congress House Bill HB1322 Introduced / Bill

                    I 
119THCONGRESS 
1
STSESSION H. R. 1322 
To approve the settlement of water rights claims of the Pueblos of Acoma 
and Laguna in the Rio San Jose´Stream System and the Pueblos 
of Jemez and Zia in the Rio Jemez 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 
Pueblos of Acoma and Laguna in the Rio San Jose´ 
Stream System and the Pueblos of Jemez and Zia in 
the Rio Jemez 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
‘‘Rio San Jose´and Rio Jemez Water Settlements Act of 5
2025’’. 6
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(b) TABLE OFCONTENTS.—The table of contents for 1
this Act is as follows: 2
Sec. 1. Short title; table of contents. 
TITLE I—PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS 
SETTLEMENT 
Sec. 101. Purposes. 
Sec. 102. Definitions. 
Sec. 103. Ratification of Agreement. 
Sec. 104. Pueblo Water Rights. 
Sec. 105. Settlement trust funds. 
Sec. 106. Funding. 
Sec. 107. Enforceability Date. 
Sec. 108. Waivers and releases of claims. 
Sec. 109. Satisfaction of claims. 
Sec. 110. Consent of United States to jurisdiction for judicial review of a Pueb-
lo Water Right permit decision. 
Sec. 111. Miscellaneous provisions. 
Sec. 112. Antideficiency. 
TITLE II—PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS 
SETTLEMENT 
Sec. 201. Purposes. 
Sec. 202. Definitions. 
Sec. 203. Ratification of Agreement. 
Sec. 204. Pueblo Water Rights. 
Sec. 205. Settlement trust funds. 
Sec. 206. Funding. 
Sec. 207. Enforceability date. 
Sec. 208. Waivers and releases of claims. 
Sec. 209. Satisfaction of claims. 
Sec. 210. Miscellaneous provisions. 
Sec. 211. Antideficiency. 
TITLE I—PUEBLOS OF ACOMA 3
AND LAGUNA WATER RIGHTS 4
SETTLEMENT 5
SEC. 101. PURPOSES. 6
The purposes of this title are— 7
(1) to achieve a fair, equitable, and final settle-8
ment of all issues and controversies concerning 9
claims to water rights in the general stream adju-10
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dication of the Rio San Jose´Stream System cap-1
tioned ‘‘State of New Mexico, ex rel. State Engineer 2
v. Kerr-McGee, et al.’’, No. D–1333–CV–1983– 3
00190 and No. D–1333–CV1983–00220 (consoli-4
dated), pending in the Thirteenth Judicial District 5
Court for the State of New Mexico, for— 6
(A) the Pueblo of Acoma; 7
(B) the Pueblo of Laguna; and 8
(C) the United States, acting as trustee for 9
the Pueblos of Acoma and Laguna; 10
(2) to authorize, ratify, and confirm the agree-11
ment entered into by the Pueblos, the State, and 12
various other parties to the Agreement, to the extent 13
that the Agreement is consistent with this title; 14
(3) to authorize and direct the Secretary— 15
(A) to execute the Agreement; and 16
(B) to take any other actions necessary to 17
carry out the Agreement in accordance with 18
this title; and 19
(4) to authorize funds necessary for the imple-20
mentation of the Agreement and this title. 21
SEC. 102. DEFINITIONS. 22
In this title: 23
(1) A
CEQUIA.—The term ‘‘Acequia’’ means 24
each of the Bluewater Toltec Irrigation District, La 25
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Acequia Madre del Ojo del Gallo, Moquino Water 1
Users Association II, Murray Acres Irrigation Asso-2
ciation, San Mateo Irrigation Association, Seboyeta 3
Community Irrigation Association, Cubero Acequia 4
Association, Cebolletita Acequia Association, and 5
Community Ditch of San Jose´de la Cienega. 6
(2) A
COMITA RESERVOIR WORKS TRUST 7
FUND.—The term ‘‘Acomita Reservoir Works Trust 8
Fund’’ means the Acomita Reservoir Works Trust 9
Fund established under section 105(a). 10
(3) A
DJUDICATION.—The term ‘‘Adjudication’’ 11
means the general adjudication of water rights enti-12
tled ‘‘State of New Mexico, ex rel. State Engineer v. 13
Kerr-McGee, et al.’’, No. D–1333–CV–1983–00190 14
and No. D–1333–CV1983–00220 (consolidated) 15
pending, as of the date of enactment of this Act, in 16
the Decree Court. 17
(4) A
GREEMENT.—The term ‘‘Agreement’’ 18
means— 19
(A) the document entitled ‘‘Rio San Jose´ 20
Stream System Water Rights Local Settlement 21
Agreement Among the Pueblo of Acoma, the 22
Pueblo of Laguna, the Navajo Nation, the State 23
of New Mexico, the City of Grants, the Village 24
of Milan, the Association of Community Ditches 25
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of the Rio San Jose´and Nine Individual 1
Acequias and Community Ditches’’ and dated 2
May 13, 2022, and the attachments thereto; 3
and 4
(B) any amendment to the document re-5
ferred to in subparagraph (A) (including an 6
amendment to an attachment thereto) that is 7
executed to ensure that the Agreement is con-8
sistent with this title. 9
(5) A
LLOTMENT.—The term ‘‘Allotment’’ 10
means a parcel of land that is— 11
(A) located within— 12
(i) the Rio Puerco Basin; 13
(ii) the Rio San Jose´Stream System; 14
or 15
(iii) the Rio Salado Basin; and 16
(B) held in trust by the United States for 17
the benefit of 1 or more individual Indians. 18
(6) A
LLOTTEE.—The term ‘‘Allottee’’ means an 19
individual with a beneficial interest in an Allotment. 20
(7) D
ECREE COURT .—The term ‘‘Decree 21
Court’’ means the Thirteenth Judicial District Court 22
of the State of New Mexico. 23
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(8) ENFORCEABILITY DATE .—The term ‘‘En-1
forceability Date’’ means the date described in sec-2
tion 107. 3
(9) P
ARTIAL FINAL JUDGMENT AND DECREE .— 4
The term ‘‘Partial Final Judgment and Decree’’ 5
means a final or interlocutory partial final judgment 6
and decree entered by the Decree Court with respect 7
to the water rights of the Pueblos— 8
(A) that is substantially in the form de-9
scribed in Article 14.7.2 of the Agreement, as 10
amended to ensure consistency with this title; 11
and 12
(B) from which no further appeal may be 13
taken. 14
(10) P
UEBLO.—The term ‘‘Pueblo’’ means ei-15
ther of— 16
(A) the Pueblo of Acoma; or 17
(B) the Pueblo of Laguna. 18
(11) P
UEBLO LAND.— 19
(A) I
N GENERAL.—The term ‘‘Pueblo 20
Land’’ means any real property— 21
(i) in the Rio San Jose´Stream Sys-22
tem that is held by the United States in 23
trust for either Pueblo, or owned by either 24
Pueblo, as of the Enforceability Date; 25
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(ii) in the Rio Salado Basin that is 1
held by the United States in trust for the 2
Pueblo of Acoma, or owned by the Pueblo 3
of Acoma, as of the Enforceability Date; or 4
(iii) in the Rio Puerco Basin that is 5
held by the United States in trust for the 6
Pueblo of Laguna, or owned by the Pueblo 7
of Laguna, as of the Enforceability Date. 8
(B) I
NCLUSIONS.—The term ‘‘Pueblo 9
Land’’ includes land placed in trust with the 10
United States subsequent to the Enforceability 11
Date for either Pueblo in the Rio San Jose´ 12
Stream System, for the Pueblo of Acoma in the 13
Rio Salado Basin, or for the Pueblo of Laguna 14
in the Rio Puerco Basin. 15
(12) P
UEBLO TRUST FUND .—The term ‘‘Pueblo 16
Trust Fund’’ means— 17
(A) the Pueblo of Acoma Settlement Trust 18
Fund established under section 105(a); 19
(B) the Pueblo of Laguna Settlement 20
Trust Fund established under that section; and 21
(C) the Acomita Reservoir Works Trust 22
Fund. 23
(13) P
UEBLO WATER RIGHTS .—The term 24
‘‘Pueblo Water Rights’’ means— 25
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(A) the respective water rights of the 1
Pueblos in the Rio San Jose´Stream System— 2
(i) as identified in the Agreement and 3
section 104; and 4
(ii) as confirmed in the Partial Final 5
Judgment and Decree; 6
(B) the water rights of the Pueblo of 7
Acoma in the Rio Salado Basin; and 8
(C) the water rights of the Pueblo of La-9
guna in the Rio Puerco Basin, as identified in 10
the Agreement and section 104. 11
(14) P
UEBLOS.—The term ‘‘Pueblos’’ means— 12
(A) the Pueblo of Acoma; and 13
(B) the Pueblo of Laguna. 14
(15) R
IO PUERCO BASIN .—The term ‘‘Rio 15
Puerco Basin’’ means the area defined by the 16
United States Geological Survey Hydrologic Unit 17
Codes (HUC) 13020204 (Rio Puerco subbasin) and 18
13020205 (Arroyo Chico subbasin), including the 19
hydrologically connected groundwater. 20
(16) R
IO SAN JOSE´STREAM SYSTEM .—The 21
term ‘‘Rio San Jose´Stream System’’ means the geo-22
graphic extent of the area involved in the Adjudica-23
tion pursuant to the description filed in the Decree 24
Court on November 21, 1986. 25
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(17) RIO SALADO BASIN.—The term ‘‘Rio Sa-1
lado Basin’’ means the area defined by the United 2
States Geological Survey Hydrologic Unit Code 3
(HUC) 13020209 (Rio Salado subbasin), including 4
the hydrologically connected groundwater. 5
(18) S
ECRETARY.—The term ‘‘Secretary’’ 6
means the Secretary of the Interior. 7
(19) S
IGNATORY ACEQUIA.—The term ‘‘Signa-8
tory Acequia’’ means an acequia that is a signatory 9
to the Agreement. 10
(20) 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. 103. RATIFICATION OF AGREEMENT. 15
(a) R
ATIFICATION.— 16
(1) I
N GENERAL.—Except as modified by this 17
title and to the extent that the Agreement does not 18
conflict with this title, 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 title to make the Agreement 24
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consistent with this title, 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 title, 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 title 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 title, 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 title, 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 title, the Pueblos shall pre-8
pare any necessary environmental documents, 9
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
Pueblo Trust Funds, subject to the condition that 9
any costs associated with the performance of Federal 10
approval or other review of such compliance work or 11
costs associated with inherently Federal functions 12
shall remain the responsibility of the Secretary. 13
SEC. 104. PUEBLO WATER RIGHTS. 14
(a) T
RUSTSTATUS OF THE PUEBLOWATER 15
R
IGHTS.—The Pueblo Water Rights shall be held in trust 16
by the United States on behalf of the Pueblos in accord-17
ance with the Agreement and this title. 18
(b) F
ORFEITURE ANDABANDONMENT.— 19
(1) I
N GENERAL.—The Pueblo Water Rights 20
shall not be subject to loss through non-use, for-21
feiture, abandonment, or other operation of law. 22
(2) S
TATE-LAW BASED WATER RIGHTS .—Pur-23
suant to the Agreement, State-law based water 24
rights acquired by a Pueblo, or by the United States 25
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on behalf of a Pueblo, after the date for inclusion in 1
the Partial Final Judgment and Decree, shall not be 2
subject to forfeiture, abandonment, or permanent 3
alienation from the time they are acquired. 4
(c) U
SE.—Any use of the Pueblo Water Rights shall 5
be subject to the terms and conditions of the Agreement 6
and this title. 7
(d) A
LLOTMENT RIGHTSNOTINCLUDED.—The 8
Pueblo Water Rights shall not include any water uses or 9
water rights claims on an Allotment. 10
(e) A
UTHORITY OF THEPUEBLOS.— 11
(1) I
N GENERAL.—The Pueblos shall have the 12
authority to allocate, distribute, and lease the Pueblo 13
Water Rights for use on Pueblo Land in accordance 14
with the Agreement, this title, and applicable Fed-15
eral law. 16
(2) U
SE OFF PUEBLO LAND .—The Pueblos may 17
allocate, distribute, and lease the Pueblo Water 18
Rights for use off Pueblo Land in accordance with 19
the Agreement, this title, and applicable Federal 20
law, subject to the approval of the Secretary. 21
(3) A
LLOTTEE WATER RIGHTS .—The Pueblos 22
shall not object in any general stream adjudication, 23
including the Adjudication, or any other appropriate 24
forum, to the quantification of reasonable domestic, 25
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stock, and irrigation water uses on an Allotment, 1
and shall administer any water use in accordance 2
with applicable Federal law, including recognition 3
of— 4
(A) any water use existing on an Allotment 5
as of the date of enactment of this Act; 6
(B) reasonable domestic, stock, and irriga-7
tion water uses on an Allotment; and 8
(C) any Allotment water right decreed in a 9
general stream adjudication, including the Ad-10
judication, or other appropriate forum, for an 11
Allotment. 12
(f) A
DMINISTRATION.— 13
(1) N
O ALIENATION.—The Pueblos shall not 14
permanently alienate any portion of the Pueblo 15
Water Rights. 16
(2) P
URCHASES OR GRANTS OF LAND FROM IN -17
DIANS.—An authorization provided by this title for 18
the allocation, distribution, leasing, or other ar-19
rangement entered into pursuant to this title shall 20
be considered to satisfy any requirement for author-21
ization of the action required by Federal law. 22
(3) P
ROHIBITION ON FORFEITURE .—The non- 23
use of all or any portion of the Pueblo Water Rights 24
by any water user shall not result in the forfeiture, 25
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abandonment, relinquishment, or other loss of all or 1
any portion of the Pueblo Water Rights. 2
SEC. 105. SETTLEMENT TRUST FUNDS. 3
(a) E
STABLISHMENT.—The Secretary shall establish 4
2 trust funds, to be known as the ‘‘Pueblo of Acoma Set-5
tlement Trust Fund’’ and the ‘‘Pueblo of Laguna Settle-6
ment Trust Fund’’, and a trust fund for the benefit of 7
both Pueblos to be known as the ‘‘Acomita Reservoir 8
Works Trust Fund’’, to be managed, invested, and distrib-9
uted by the Secretary and to remain available until ex-10
pended, withdrawn, or reverted to the general fund of the 11
Treasury, consisting of the amounts deposited in the 12
Pueblo Trust Funds under subsection (c), together with 13
any investment earnings, including interest, earned on 14
those amounts, for the purpose of carrying out this title. 15
(b) A
CCOUNTS.— 16
(1) P
UEBLO OF ACOMA SETTLEMENT TRUST 17
FUND.—The Secretary shall establish in the Pueblo 18
of Acoma Settlement Trust Fund established under 19
subsection (a) the following accounts: 20
(A) The Water Rights Settlement Account. 21
(B) The Water Infrastructure Operations 22
and Maintenance Account. 23
(C) The Feasibility Studies Settlement Ac-24
count. 25
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(2) PUEBLO OF LAGUNA SETTLEMENT TRUST 1
FUND.—The Secretary shall establish in the Pueblo 2
of Laguna Settlement Trust Fund established under 3
subsection (a) the following accounts: 4
(A) The Water Rights Settlement Account. 5
(B) The Water Infrastructure Operations 6
and Maintenance Account. 7
(C) The Feasibility Studies Settlement Ac-8
count. 9
(c) D
EPOSITS.—The Secretary shall deposit in each 10
Pueblo Trust Fund the amounts made available pursuant 11
to section 106(a). 12
(d) M
ANAGEMENT AND INTEREST.— 13
(1) M
ANAGEMENT.—On receipt and deposit of 14
funds into the Pueblo Trust Funds under subsection 15
(c), the Secretary shall manage, invest, and dis-16
tribute all amounts in the Pueblo Trust Funds in a 17
manner that is consistent with the investment au-18
thority of the Secretary under— 19
(A) the first section of the Act of June 24, 20
1938 (25 U.S.C. 162a); 21
(B) the American Indian Trust Fund Man-22
agement Reform Act of 1994 (25 U.S.C. 4001 23
et seq.); and 24
(C) this subsection. 25
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(2) INVESTMENT EARNINGS .—In addition to 1
the deposits made to each Pueblo Trust Fund under 2
subsection (c), any investment earnings, including 3
interest, earned on those amounts held in each 4
Pueblo Trust Fund are authorized to be used in ac-5
cordance with subsections (f) and (h). 6
(e) A
VAILABILITY OFAMOUNTS.— 7
(1) I
N GENERAL.—Amounts appropriated to, 8
and deposited in, each Pueblo Trust Fund, including 9
any investment earnings, including interest, earned 10
on those amounts, shall be made available to the 11
Pueblo or Pueblos by the Secretary beginning on the 12
Enforceability Date, subject to the requirements of 13
this section, except for those funds to be made avail-14
able to the Pueblos pursuant to paragraph (2). 15
(2) U
SE OF FUNDS.—Notwithstanding para-16
graph (1)— 17
(A) amounts deposited in the Feasibility 18
Studies Settlement Account of each Pueblo 19
Trust Fund, including any investment earnings, 20
including interest, earned on those amounts, 21
shall be available to the Pueblo on the date on 22
which the amounts are deposited for uses de-23
scribed in subsection (h)(3), and in accordance 24
with the Agreement; 25
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(B) amounts deposited in the Acomita Res-1
ervoir Works Trust Fund, including any invest-2
ment earnings, including interest, earned on 3
those amounts, shall be available to the Pueblos 4
on the date on which the amounts are deposited 5
for uses described in subsection (h)(4), and in 6
accordance with the Agreement; and 7
(C) up to $15,000,000 from the Water 8
Rights Settlement Account for each Pueblo 9
shall be available on the date on which the 10
amounts are deposited for installing, on Pueblo 11
Lands, groundwater wells to meet immediate 12
domestic, commercial, municipal and industrial 13
water needs, and associated environmental, cul-14
tural, and historical compliance. 15
(f) W
ITHDRAWALS.— 16
(1) W
ITHDRAWALS UNDER THE AMERICAN IN -17
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 18
1994.— 19
(A) I
N GENERAL.—Each Pueblo may with-20
draw any portion of the amounts in its respec-21
tive Settlement Trust Fund on approval by the 22
Secretary of a Tribal management plan sub-23
mitted by each Pueblo in accordance with the 24
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American Indian Trust Fund Management Re-1
form Act of 1994 (25 U.S.C. 4001 et seq.). 2
(B) R
EQUIREMENTS.—In addition to the 3
requirements under the American Indian Trust 4
Fund Management Reform Act of 1994 (25 5
U.S.C. 4001 et seq.), the Tribal management 6
plan under this paragraph shall require that the 7
appropriate Pueblo shall spend all amounts 8
withdrawn from each Pueblo Trust Fund, and 9
any investment earnings, including interest, 10
earned on those amounts through the invest-11
ments under the Tribal management plan, in 12
accordance with this title. 13
(C) E
NFORCEMENT.—The Secretary may 14
carry out such judicial and administrative ac-15
tions as the Secretary determines to be nec-16
essary to enforce the Tribal management plan 17
under this paragraph to ensure that amounts 18
withdrawn by each Pueblo from the Pueblo 19
Trust Funds under subparagraph (A) are used 20
in accordance with this title. 21
(2) W
ITHDRAWALS UNDER EXPENDITURE 22
PLAN.— 23
(A) I
N GENERAL.—Each Pueblo may sub-24
mit to the Secretary a request to withdraw 25
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funds from the Pueblo Trust Fund of the Pueb-1
lo pursuant to an approved expenditure plan. 2
(B) R
EQUIREMENTS.—To be eligible to 3
withdraw amounts under an expenditure plan 4
under subparagraph (A), the appropriate Pueb-5
lo shall submit to the Secretary an expenditure 6
plan for any portion of the Pueblo Trust Fund 7
that the Pueblo elects to withdraw pursuant to 8
that subparagraph, subject to the condition that 9
the amounts shall be used for the purposes de-10
scribed in this title. 11
(C) I
NCLUSIONS.—An expenditure plan 12
under this paragraph shall include a description 13
of the manner and purpose for which the 14
amounts proposed to be withdrawn from the 15
Pueblo Trust Fund will be used by the Pueblo, 16
in accordance with this subsection and sub-17
section (h). 18
(D) A
PPROVAL.—The Secretary shall ap-19
prove an expenditure plan submitted under sub-20
paragraph (A) if the Secretary determines that 21
the plan— 22
(i) is reasonable; and 23
(ii) is consistent with, and will be used 24
for, the purposes of this title. 25
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(E) ENFORCEMENT.—The Secretary may 1
carry out such judicial and administrative ac-2
tions as the Secretary determines to be nec-3
essary to enforce an expenditure plan to ensure 4
that amounts disbursed under this paragraph 5
are used in accordance with this title. 6
(3) W
ITHDRAWALS FROM ACOMITA RESERVOIR 7
WORKS TRUST FUND .— 8
(A) I
N GENERAL.—A Pueblo may submit 9
to the Secretary a request to withdraw funds 10
from the Acomita Reservoir Works Trust Fund 11
pursuant to an approved joint expenditure plan. 12
(B) R
EQUIREMENTS.— 13
(i) I
N GENERAL.—To be eligible to 14
withdraw amounts under a joint expendi-15
ture plan under subparagraph (A), the 16
Pueblos shall submit to the Secretary a 17
joint expenditure plan for any portion of 18
the Acomita Reservoir Works Trust Fund 19
that the Pueblos elect to withdraw pursu-20
ant to this subparagraph, subject to the 21
condition that the amounts shall be used 22
for the purposes described in subsection 23
(h)(4). 24
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(ii) WRITTEN RESOLUTION.—Each re-1
quest to withdraw amounts under a joint 2
expenditure plan submitted under clause 3
(i) shall be accompanied by a written reso-4
lution from the Tribal councils of both 5
Pueblos approving the requested use and 6
disbursement of funds. 7
(C) I
NCLUSIONS.—A joint expenditure 8
plan under this paragraph shall include a de-9
scription of the manner and purpose for which 10
the amounts proposed to be withdrawn from the 11
Acomita Reservoir Works Trust Fund will be 12
used by the Pueblo or Pueblos to whom the 13
funds will be disbursed, in accordance with sub-14
section (h)(4). 15
(D) A
PPROVAL.—The Secretary shall ap-16
prove a joint expenditure plan submitted under 17
subparagraph (A) if the Secretary determines 18
that the plan— 19
(i) is reasonable; and 20
(ii) is consistent with, and will be used 21
for, the purposes of this title. 22
(E) E
NFORCEMENT.—The Secretary may 23
carry out such judicial and administrative ac-24
tions as the Secretary determines to be nec-25
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•HR 1322 IH
essary to enforce a joint expenditure plan to en-1
sure that amounts disbursed under this para-2
graph are used in accordance with this title. 3
(g) E
FFECT OFSECTION.—Nothing in this section 4
gives the Pueblos the right to judicial review of a deter-5
mination of the Secretary relating to whether to approve 6
a Tribal management plan under paragraph (1) of sub-7
section (f) or an expenditure plan under paragraph (2) 8
or (3) of that subsection except under subchapter II of 9
chapter 5, and chapter 7, of title 5, United States Code 10
(commonly known as the ‘‘Administrative Procedure 11
Act’’). 12
(h) U
SES.— 13
(1) W
ATER RIGHTS SETTLEMENT ACCOUNT .— 14
The Water Rights Settlement Account for each 15
Pueblo may only be used for the following purposes: 16
(A) Acquiring water rights or water sup-17
ply. 18
(B) Planning, permitting, designing, engi-19
neering, constructing, reconstructing, replacing, 20
rehabilitating, operating, or repairing water 21
production, treatment, or delivery infrastruc-22
ture, including for domestic and municipal use, 23
on-farm improvements, or wastewater infra-24
structure. 25
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(C) Pueblo Water Rights management and 1
administration. 2
(D) Watershed protection and enhance-3
ment, support of agriculture, water-related 4
Pueblo community welfare and economic devel-5
opment, and costs relating to implementation of 6
the Agreement. 7
(E) Environmental compliance in the de-8
velopment and construction of infrastructure 9
under this title. 10
(2) W
ATER INFRASTRUCTURE OPERATIONS AND 11
MAINTENANCE TRUST ACCOUNT .—The Water Infra-12
structure Operations and Maintenance Account for 13
each Pueblo may only be used to pay costs for oper-14
ation and maintenance of water infrastructure to 15
serve Pueblo domestic, commercial, municipal, and 16
industrial water uses from any water source. 17
(3) F
EASIBILITY STUDIES SETTLEMENT AC -18
COUNT.—The Feasibility Studies Settlement Ac-19
count for each Pueblo may only be used to pay costs 20
for feasibility studies of water supply infrastructure 21
to serve Pueblo domestic, commercial, municipal, 22
and industrial water uses from any water source. 23
(4) A
COMITA RESERVOIR WORKS TRUST 24
FUND.—The Acomita Reservoir Works Trust Fund 25
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may only be used for planning, permitting, design-1
ing, engineering, constructing, reconstructing, re-2
placing, rehabilitating, maintaining, or repairing 3
Acomita reservoir, its dam, inlet works, outlet works, 4
and the North Acomita Ditch from the Acomita Res-5
ervoir outlet on the Pueblo of Acoma through its ter-6
minus on the Pueblo of Laguna. 7
(i) L
IABILITY.—The Secretary and the Secretary of 8
the Treasury shall not be liable for the expenditure or in-9
vestment of any amounts withdrawn from the Pueblo 10
Trust Funds by a Pueblo under paragraph (1), (2), or 11
(3) of subsection (f). 12
(j) E
XPENDITUREREPORTS.—Each Pueblo shall an-13
nually submit to the Secretary an expenditure report de-14
scribing accomplishments and amounts spent from use of 15
withdrawals under a Tribal management plan or an ex-16
penditure plan under paragraph (1), (2), or (3) of sub-17
section (f), as applicable. 18
(k) N
OPERCAPITADISTRIBUTIONS.—No portion of 19
the Pueblo Trust Funds shall be distributed on a per cap-20
ita basis to any member of a Pueblo. 21
(l) T
ITLE TOINFRASTRUCTURE.—Title to, control 22
over, and operation of any project constructed using funds 23
from the Pueblo Trust Funds shall remain in the appro-24
priate Pueblo or Pueblos. 25
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(m) OPERATION, MAINTENANCE, ANDREPLACE-1
MENT.—All operation, maintenance, and replacement 2
costs of any project constructed using funds from the 3
Pueblo Trust Funds shall be the responsibility of the ap-4
propriate Pueblo or Pueblos. 5
SEC. 106. FUNDING. 6
(a) M
ANDATORY APPROPRIATIONS.—Out of any 7
money in the Treasury not otherwise appropriated, the 8
Secretary of the Treasury shall transfer to the Secretary 9
the following amounts for deposit in the following ac-10
counts: 11
(1) P
UEBLO OF ACOMA SETTLEMENT TRUST 12
FUND.— 13
(A) T
HE WATER RIGHTS SETTLEMENT AC -14
COUNT.—For deposit in the Water Rights Set-15
tlement Account established under section 16
105(b)(1)(A), $296,000,000, to remain avail-17
able until expended, withdrawn, or reverted to 18
the general fund of the Treasury. 19
(B) T
HE WATER INFRASTRUCTURE OPER -20
ATIONS AND MAINTENANCE ACCOUNT .—For de-21
posit in the Water Infrastructure Operations 22
and Maintenance Account established under 23
section 105(b)(1)(B), $14,000,000, to remain 24
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available until expended, withdrawn, or reverted 1
to the general fund of the Treasury. 2
(C) T
HE FEASIBILITY STUDIES SETTLE -3
MENT ACCOUNT.—For deposit in the Feasibility 4
Studies Settlement Account established under 5
section 105(b)(1)(C), $1,750,000, to remain 6
available until expended, withdrawn, or reverted 7
to the general fund of the Treasury. 8
(2) P
UEBLO OF LAGUNA SETTLEMENT TRUST 9
FUND.— 10
(A) T
HE WATER RIGHTS SETTLEMENT AC -11
COUNT.—For deposit in the Water Rights Set-12
tlement Account established under section 13
105(b)(2)(A), $464,000,000, to remain avail-14
able until expended, withdrawn, or reverted to 15
the general fund of the Treasury. 16
(B) T
HE WATER INFRASTRUCTURE OPER -17
ATIONS AND MAINTENANCE ACCOUNT .—For de-18
posit in the Water Infrastructure Operations 19
and Maintenance Account established under 20
section 105(b)(2)(B), $26,000,000, to remain 21
available until expended, withdrawn, or reverted 22
to the general fund of the Treasury. 23
(C) T
HE FEASIBILITY STUDIES SETTLE -24
MENT ACCOUNT.—For deposit in the Feasibility 25
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Studies Settlement Account established under 1
section 105(b)(2)(C), $3,250,000, to remain 2
available until expended, withdrawn, or reverted 3
to the general fund of the Treasury. 4
(3) A
COMITA RESERVOIR WORKS TRUST 5
FUND.—For deposit in the Acomita Reservoir Works 6
Trust Fund, $45,000,000, to remain available until 7
expended, withdrawn, or reverted to the general 8
fund of the Treasury. 9
(b) F
LUCTUATION INCOSTS.— 10
(1) I
N GENERAL.—The amounts appropriated 11
under subsection (a) shall be increased or decreased, 12
as appropriate, by such amounts as may be justified 13
by reason of ordinary fluctuations in costs, as indi-14
cated by the Bureau of Reclamation Construction 15
Cost Index–Composite Trend. 16
(2) C
ONSTRUCTION COSTS ADJUSTMENT .—The 17
amounts appropriated under subsection (a) shall be 18
adjusted to address construction cost changes nec-19
essary to account for unforeseen market volatility 20
that may not otherwise be captured by engineering 21
cost indices, as determined by the Secretary, includ-22
ing repricing applicable to the types of construction 23
and current industry standards involved. 24
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(3) REPETITION.—The adjustment process 1
under this subsection shall be repeated for each sub-2
sequent amount appropriated until the applicable 3
amount, as adjusted, has been appropriated. 4
(4) P
ERIOD OF INDEXING.—The period of in-5
dexing and adjustment under this subsection for any 6
increment of funding shall start on October 1, 2021, 7
and end on the date on which funds are deposited 8
in the applicable Pueblo Trust Fund. 9
(c) S
TATECOST-SHARE.—Pursuant to the Agree-10
ment, the State shall contribute— 11
(1) $23,500,000, as adjusted for inflation pur-12
suant to the Agreement, for the Joint Grants-Milan 13
Project for Water Re-Use, Water Conservation and 14
Augmentation of the Rio San Jose´, the Village of 15
Milan Projects Fund, and the City of Grants 16
Projects Fund; 17
(2) $12,000,000, as adjusted for the inflation 18
pursuant to the Agreement, for Signatory Acequias 19
Projects and Offset Projects Fund for the Associa-20
tion of Community Ditches of the Rio San Jose´; and 21
(3) $500,000, as adjusted for inflation pursu-22
ant to the Agreement, to mitigate impairment to 23
non-Pueblo domestic and livestock groundwater 24
rights as a result of new Pueblo water use. 25
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SEC. 107. ENFORCEABILITY DATE. 1
The Enforceability Date shall be the date on which 2
the Secretary publishes in the Federal Register a state-3
ment of findings that— 4
(1) to the extent that the Agreement conflicts 5
with this title, the Agreement has been amended to 6
conform with this title; 7
(2) the Agreement, as amended, has been exe-8
cuted by all parties to the Agreement, including the 9
United States; 10
(3) all of the amounts appropriated under sec-11
tion 106 have been appropriated and deposited in 12
the designated accounts of the Pueblo Trust Fund; 13
(4) the State has— 14
(A) provided the funding under section 15
106(c)(3) into the appropriate funding ac-16
counts; 17
(B) provided the funding under paragraphs 18
(1) and (2) of section 106(c) into the appro-19
priate funding accounts or entered into funding 20
agreements with the intended beneficiaries for 21
funding under those paragraphs of that section; 22
and 23
(C) enacted legislation to amend State law 24
to provide that a Pueblo Water Right may be 25
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leased for a term not to exceed 99 years, in-1
cluding renewals; 2
(5) the Decree Court has approved the Agree-3
ment and has entered a Partial Final Judgment and 4
Decree; and 5
(6) the waivers and releases under section 108 6
have been executed by the Pueblos and the Sec-7
retary. 8
SEC. 108. WAIVERS AND RELEASES OF CLAIMS. 9
(a) W
AIVERS ANDRELEASES OFCLAIMS BYPUEB-10
LOS AND THEUNITEDSTATES ASTRUSTEE FORPUEB-11
LOS.—Subject to the reservation of rights and retention 12
of claims under subsection (d), as consideration for rec-13
ognition of the Pueblo Water Rights and other benefits 14
described in the Agreement and this title, the Pueblos and 15
the United States, acting as trustee for the Pueblos, shall 16
execute a waiver and release of all claims for— 17
(1) water rights within the Rio San Jose´ 18
Stream System that the Pueblos, or the United 19
States acting as trustee for the Pueblos, asserted or 20
could have asserted in any proceeding, including the 21
Adjudication, on or before the Enforceability Date, 22
except to the extent that such rights are recognized 23
in the Agreement and this title; and 24
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(2) damages, losses, or injuries to water rights 1
or claims of interference with, diversion of, or taking 2
of water rights (including claims for injury to land 3
resulting from such damages, losses, injuries, inter-4
ference with, diversion, or taking of water rights) in 5
waters in the Rio San Jose´Stream System against 6
any party to the Agreement, including the members 7
and parciantes of Signatory Acequias, that accrued 8
at any time up to and including the Enforceability 9
Date. 10
(b) W
AIVERS ANDRELEASES OFCLAIMS BYPUEB-11
LOSAGAINSTUNITEDSTATES.—Subject to the reserva-12
tion of rights and retention of claims under subsection (d), 13
the Pueblos shall execute a waiver and release of all claims 14
against the United States (including any agency or em-15
ployee of the United States) first arising before the En-16
forceability Date relating to— 17
(1) water rights within the Rio San Jose´ 18
Stream System that the United States, acting as 19
trustee for the Pueblos, asserted or could have as-20
serted in any proceeding, including the Adjudication, 21
except to the extent that such rights are recognized 22
as part of the Pueblo Water Rights under this title; 23
(2) foregone benefits from non-Pueblo use of 24
water, on and off Pueblo Land (including water 25
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from all sources and for all uses), within the Rio 1
San Jose´Stream System; 2
(3) damage, loss, or injury to water, water 3
rights, land, or natural resources due to loss of 4
water or water rights (including damages, losses, or 5
injuries to hunting, fishing, gathering, or cultural 6
rights due to loss of water or water rights, claims 7
relating to interference with, diversion of, or taking 8
of water, or claims relating to a failure to protect, 9
acquire, replace, or develop water, water rights, or 10
water infrastructure) within the Rio San Jose´ 11
Stream System; 12
(4) a failure to provide for operation, mainte-13
nance, or deferred maintenance for any irrigation 14
system or irrigation project within the Rio San Jose´ 15
Stream System; 16
(5) a failure to establish or provide a municipal, 17
rural, or industrial water delivery system on Pueblo 18
Land within the Rio San Jose´Stream System; 19
(6) damage, loss, or injury to water, water 20
rights, land, or natural resources due to construc-21
tion, operation, and management of irrigation 22
projects on Pueblo Land (including damages, losses, 23
or injuries to fish habitat, wildlife, and wildlife habi-24
tat) within the Rio San Jose´Stream System; 25
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(7) a failure to provide a dam safety improve-1
ment to a dam on Pueblo Land within the Rio San 2
Jose´Stream System; 3
(8) the litigation of claims relating to any water 4
right of the Pueblos within the Rio San Jose´Stream 5
System; and 6
(9) the negotiation, execution, or adoption of 7
the Agreement (including attachments) and this 8
title. 9
(c) E
FFECTIVEDATE.—The waivers and releases de-10
scribed in subsections (a) and (b) shall take effect on the 11
Enforceability Date. 12
(d) R
ESERVATION OF RIGHTS ANDRETENTION OF 13
C
LAIMS.—Notwithstanding the waivers and releases under 14
subsections (a) and (b), the Pueblos and the United 15
States, acting as trustee for the Pueblos, shall retain all 16
claims relating to— 17
(1) the enforcement of, or claims accruing after 18
the Enforceability Date relating to, water rights rec-19
ognized under the Agreement, this title, or the Par-20
tial Final Judgment and Decree entered in the Ad-21
judication; 22
(2) activities affecting the quality of water and 23
the environment, including claims under— 24
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(A) the Comprehensive Environmental Re-1
sponse, Compensation, and Liability Act of 2
1980 (42 U.S.C. 9601 et seq.), including claims 3
for damages to natural resources; 4
(B) the Safe Drinking Water Act (42 5
U.S.C. 300f et seq.); 6
(C) the Federal Water Pollution Control 7
Act (33 U.S.C. 1251 et seq.) (commonly re-8
ferred to as the ‘‘Clean Water Act’’); and 9
(D) any regulations implementing the Acts 10
described in subparagraphs (A) through (C); 11
(3) the right to use and protect water rights ac-12
quired after the date of enactment of this Act; 13
(4) damage, loss, or injury to land or natural 14
resources that is not due to loss of water or water 15
rights, including hunting, fishing, gathering, or cul-16
tural rights; 17
(5) all claims for water rights, and claims for 18
injury to water rights, in basins other than the Rio 19
San Jose´Stream System, subject to Article 8.5 of 20
the Agreement with respect to the claims of the 21
Pueblo of Laguna for water rights in the Rio Puerco 22
Basin and the claims of the Pueblo of Acoma for 23
water rights in the Rio Salado Basin; 24
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(6) all claims relating to the Jackpile-Paguate 1
Uranium Mine in the State that are not due to loss 2
of water or water rights; and 3
(7) all rights, remedies, privileges, immunities, 4
powers, and claims not specifically waived and re-5
leased pursuant to this title or the Agreement. 6
(e) E
FFECT OFAGREEMENT AND TITLE.—Nothing 7
in the Agreement or this title— 8
(1) reduces or extends the sovereignty (includ-9
ing civil and criminal jurisdiction) of any govern-10
ment entity, except as provided in section 110; 11
(2) affects the ability of the United States, as 12
a sovereign, to carry out any activity authorized by 13
law, including— 14
(A) the Comprehensive Environmental Re-15
sponse, Compensation, and Liability Act of 16
1980 (42 U.S.C. 9601 et seq.); 17
(B) the Safe Drinking Water Act (42 18
U.S.C. 300f et seq.); 19
(C) the Federal Water Pollution Control 20
Act (33 U.S.C. 1251 et seq.) (commonly re-21
ferred to as the ‘‘Clean Water Act’’); 22
(D) the Solid Waste Disposal Act (42 23
U.S.C. 6901 et seq.); and 24
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(E) any regulations implementing the Acts 1
described in subparagraphs (A) through (D); 2
(3) affects the ability of the United States to 3
act as trustee for the Pueblos (consistent with this 4
title), any other pueblo or Indian Tribe, or an Allot-5
tee of any Indian Tribe; 6
(4) confers jurisdiction on any State court— 7
(A) to interpret Federal law relating to 8
health, safety, or the environment; 9
(B) to determine the duties of the United 10
States or any other party under Federal law re-11
garding health, safety, or the environment; or 12
(C) to conduct judicial review of any Fed-13
eral agency action; or 14
(5) waives any claim of a member of a Pueblo 15
in an individual capacity that does not derive from 16
a right of the Pueblos. 17
(f) T
OLLING OFCLAIMS.— 18
(1) I
N GENERAL.—Each applicable period of 19
limitation and time-based equitable defense relating 20
to a claim described in this section shall be tolled for 21
the period beginning on the date of enactment of 22
this Act and ending on the Enforceability Date. 23
(2) E
FFECT OF SUBSECTION .—Nothing in this 24
subsection revives any claim or tolls any period of 25
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limitation or time-based equitable defense that ex-1
pired before the date of enactment of this Act. 2
(3) L
IMITATION.—Nothing in this section pre-3
cludes the tolling of any period of limitation or any 4
time-based equitable defense under any other appli-5
cable law. 6
(g) E
XPIRATION.— 7
(1) I
N GENERAL.—This title shall expire in any 8
case in which the Secretary fails to publish a state-9
ment of findings under section 107 by not later 10
than— 11
(A) July 1, 2030; or 12
(B) such alternative later date as is agreed 13
to by the Pueblos and the Secretary, after pro-14
viding reasonable notice to the State. 15
(2) C
ONSEQUENCES.—If this title expires under 16
paragraph (1)— 17
(A) the waivers and releases under sub-18
sections (a) and (b) shall— 19
(i) expire; and 20
(ii) have no further force or effect; 21
(B) the authorization, ratification, con-22
firmation, and execution of the Agreement 23
under section 103 shall no longer be effective; 24
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(C) any action carried out by the Sec-1
retary, and any contract or agreement entered 2
into, pursuant to this title shall be void; 3
(D) any unexpended Federal funds appro-4
priated or made available to carry out the ac-5
tivities authorized by this title, together with 6
any interest earned on those funds, and any 7
water rights or contracts to use water and title 8
to other property acquired or constructed with 9
Federal funds appropriated or made available 10
to carry out the activities authorized by this 11
title, shall be returned to the Federal Govern-12
ment, unless otherwise agreed to by the Pueblos 13
and the United States and approved by Con-14
gress; and 15
(E) except for Federal funds used to ac-16
quire or construct property that is returned to 17
the Federal Government under subparagraph 18
(D), the United States shall be entitled to offset 19
any Federal funds made available to carry out 20
this title that were expended or withdrawn, or 21
any funds made available to carry out this title 22
from other Federal authorized sources, together 23
with any interest accrued on those funds, 24
against any claims against the United States— 25
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(i) relating to— 1
(I) water rights in the State as-2
serted by— 3
(aa) the Pueblos; or 4
(bb) any user of the Pueblo 5
Water Rights; or 6
(II) any other matter covered by 7
subsection (b); or 8
(ii) in any future settlement of water 9
rights of the Pueblos. 10
SEC. 109. SATISFACTION OF CLAIMS. 11
The benefits provided under this title shall be in com-12
plete replacement of, complete substitution for, and full 13
satisfaction of any claim of the Pueblos against the United 14
States that are waived and released by the Pueblos pursu-15
ant to section 108(b). 16
SEC. 110. CONSENT OF UNITED STATES TO JURISDICTION 17
FOR JUDICIAL REVIEW OF A PUEBLO WATER 18
RIGHT PERMIT DECISION. 19
(a) C
ONSENT.—On the Enforceability Date, the con-20
sent of the United States is hereby given, with the consent 21
of each Pueblo under Article 11.5 of the Agreement, to 22
jurisdiction in the District Court for the Thirteenth Judi-23
cial District of the State of New Mexico, and in the New 24
Mexico Court of Appeals and the New Mexico Supreme 25
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Court on appeal therefrom in the same manner as pro-1
vided under New Mexico law, over an action filed in such 2
District Court by any party to a Pueblo Water Rights Per-3
mit administrative proceeding under Article 11.4 of the 4
Agreement for the limited and sole purpose of judicial re-5
view of a Pueblo Water Right Permit decision under Arti-6
cle 11.5 of the Agreement. 7
(b) L
IMITATION.—The consent of the United States 8
under this title is limited to judicial review, based on the 9
record developed through the administrative process of the 10
Pueblo, under a standard of judicial review limited to de-11
termining whether the Pueblo decision on the application 12
for Pueblo Water Right Permit— 13
(1) is supported by substantial evidence; 14
(2) is not arbitrary, capricious, or contrary to 15
law; 16
(3) is not in accordance with the Agreement or 17
the Partial Final Judgment and Decree; or 18
(4) shows that the Pueblo acted fraudulently or 19
outside the scope of its authority. 20
(c) P
UEBLOWATERCODE ANDINTERPRETATION.— 21
(1) I
N GENERAL.—Pueblo Water Code or Pueb-22
lo Water Law provisions that meet the requirements 23
of Article 11 of the Agreement shall be given full 24
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faith and credit in any proceeding described in this 1
section. 2
(2) P
ROVISIONS OF THE PUEBLO WATER 3
CODE.—To the extent that a State court conducting 4
judicial review under this section must interpret pro-5
visions of Pueblo law that are not express provisions 6
of the Pueblo Water Code, the State court shall cer-7
tify the question of interpretation to the Pueblo 8
court. 9
(3) N
O CERTIFICATION.—Any issues of inter-10
pretation of standards in Article 11.6 of the Agree-11
ment are not subject to certification. 12
(4) L
IMITATION.—Nothing in this section limits 13
the jurisdiction of the Decree Court to interpret and 14
enforce the Agreement. 15
SEC. 111. MISCELLANEOUS PROVISIONS. 16
(a) N
OWAIVER OFSOVEREIGNIMMUNITY BY THE 17
U
NITEDSTATES.—Nothing in this title waives the sov-18
ereign immunity of the United States. 19
(b) O
THERTRIBESNOTADVERSELYAFFECTED.— 20
Nothing in this title quantifies or diminishes any land or 21
water right, or any claim or entitlement to land or water, 22
of an Indian Tribe, band, or community other than the 23
Pueblos. 24
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(c) ALLOTTEESNOTADVERSELYAFFECTED.— 1
Nothing in this title quantifies or diminishes any water 2
right, or any claim or entitlement to water, of an Allottee. 3
(d) E
FFECT ONCURRENTLAW.—Nothing in this 4
title affects any provision of law (including regulations) 5
in effect on the day before the date of enactment of this 6
Act with respect to pre-enforcement review of any Federal 7
environmental enforcement action. 8
(e) C
ONFLICT.—In the event of a conflict between the 9
Agreement and this title, this title shall control. 10
SEC. 112. ANTIDEFICIENCY. 11
The United States shall not be liable for any failure 12
to carry out any obligation or activity authorized by this 13
title, 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 title. 16
TITLE II—PUEBLOS OF JEMEZ 17
AND ZIA WATER RIGHTS SET-18
TLEMENT 19
SEC. 201. PURPOSES. 20
The purposes of this title are— 21
(1) to achieve a fair, equitable, and final settle-22
ment of all claims to water rights in the Jemez 23
River Stream System in the State of New Mexico 24
for— 25
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(A) the Pueblo of Jemez; 1
(B) the Pueblo of Zia; and 2
(C) the United States, acting as trustee for 3
the Pueblos of Jemez and Zia; 4
(2) to authorize, ratify, and confirm the Agree-5
ment entered into by the Pueblos, the State, and 6
various other parties to the extent that the Agree-7
ment is consistent with this title; 8
(3) to authorize and direct the Secretary— 9
(A) to execute the Agreement; and 10
(B) to take any other actions necessary to 11
carry out the Agreement in accordance with 12
this title; and 13
(4) to authorize funds necessary for the imple-14
mentation of the Agreement and this title. 15
SEC. 202. DEFINITIONS. 16
In this title: 17
(1) A
DJUDICATION.—The term ‘‘Adjudication’’ 18
means the adjudication of water rights pending be-19
fore the United States District Court for the Dis-20
trict of New Mexico: United States of America, on 21
its own behalf, and on behalf of the Pueblos of 22
Jemez, Santa Ana, and Zia, State of New Mexico, 23
ex rel. State Engineer, Plaintiffs, and Pueblos of 24
Jemez, Santa Ana, and Zia, Plaintiffs-in-Interven-25
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tion v. Tom Abousleman, et al., Defendants, Civil 1
No. 83–cv–01041 (KR). 2
(2) A
GREEMENT.—The term ‘‘Agreement’’ 3
means— 4
(A) the document entitled ‘‘Pueblos of 5
Jemez and Zia Water Rights Settlement Agree-6
ment’’ and dated May 11, 2022, and the appen-7
dices and exhibits attached thereto; and 8
(B) any amendment to the document re-9
ferred to in subparagraph (A) (including an 10
amendment to an appendix or exhibit) that is 11
executed to ensure that the Agreement is con-12
sistent with this title. 13
(3) E
NFORCEABILITY DATE .—The term ‘‘En-14
forceability Date’’ means the date described in sec-15
tion 207. 16
(4) J
EMEZ RIVER STREAM SYSTEM .—The term 17
‘‘Jemez River Stream System’’ means the geo-18
graphic extent of the area involved in the Adjudica-19
tion. 20
(5) P
ARTIAL FINAL JUDGMENT AND DECREE .— 21
The term ‘‘Partial Final Judgment and Decree’’ 22
means a final or interlocutory partial final judgment 23
and decree entered by the United States District 24
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Court for the District of New Mexico with respect 1
to the water rights of the Pueblos— 2
(A) that is substantially in the form de-3
scribed in the Agreement, as amended to ensure 4
consistency with this title; and 5
(B) from which no further appeal may be 6
taken. 7
(6) P
UEBLO.—The term ‘‘Pueblo’’ means either 8
of— 9
(A) the Pueblo of Jemez; or 10
(B) the Pueblo of Zia. 11
(7) P
UEBLO LAND.—The term ‘‘Pueblo Land’’ 12
means any real property that is— 13
(A) held by the United States in trust for 14
a Pueblo within the Jemez River Stream Sys-15
tem; 16
(B) owned by a Pueblo within the Jemez 17
River Stream System before the date on which 18
a court approves the Agreement; or 19
(C) acquired by a Pueblo on or after the 20
date on which a court approves the Agreement 21
if the real property— 22
(i) is located within the exterior 23
boundaries of the Pueblo, as recognized 24
and confirmed by a patent issued under 25
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the Act of December 22, 1858 (11 Stat. 1
374, chapter V); 2
(ii) is located within the exterior 3
boundaries of any territory set aside for a 4
Pueblo by law, executive order, or court 5
decree; 6
(iii) is owned by a Pueblo or held by 7
the United States in trust for the benefit 8
of a Pueblo outside the Jemez River 9
Stream System that is located within the 10
exterior boundaries of the Pueblo, as rec-11
ognized and confirmed by a patent issued 12
under the Act of December 22, 1858 (11 13
Stat. 374, chapter V); or 14
(iv) is located within the exterior 15
boundaries of any real property located 16
outside the Jemez River Stream System 17
set aside for a Pueblo by law, executive 18
order, or court decree if the land is within 19
or contiguous to land held by the United 20
States in trust for the Pueblo as of June 21
1, 2022. 22
(8) P
UEBLO TRUST FUND .—The term ‘‘Pueblo 23
Trust Fund’’ means— 24
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(A) the Pueblo of Jemez Settlement Trust 1
Fund established under section 205(a); and 2
(B) the Pueblo of Zia Settlement Trust 3
Fund established under that section. 4
(9) P
UEBLO WATER RIGHTS .—The term ‘‘Pueb-5
lo Water Rights’’ means the respective water rights 6
of the Pueblos— 7
(A) as identified in the Agreement and sec-8
tion 204; and 9
(B) as confirmed in the Partial Final 10
Judgment and Decree. 11
(10) P
UEBLOS.—The term ‘‘Pueblos’’ means— 12
(A) the Pueblo of Jemez; and 13
(B) the Pueblo of Zia. 14
(11) S
ECRETARY.—The term ‘‘Secretary’’ 15
means the Secretary of the Interior. 16
(12) S
TATE.—The term ‘‘State’’ means the 17
State of New Mexico and all officers, agents, depart-18
ments, and political subdivisions of the State of New 19
Mexico. 20
SEC. 203. RATIFICATION OF AGREEMENT. 21
(a) R
ATIFICATION.— 22
(1) I
N GENERAL.—Except as modified by this 23
title and to the extent that the Agreement does not 24
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conflict with this title, the Agreement is authorized, 1
ratified, and confirmed. 2
(2) A
MENDMENTS.—If an amendment to the 3
Agreement, or to any appendix or exhibit attached 4
to the Agreement requiring the signature of the Sec-5
retary, is executed in accordance with this title to 6
make the Agreement consistent with this title, the 7
amendment is authorized, ratified, and confirmed. 8
(b) E
XECUTION.— 9
(1) I
N GENERAL.—To the extent the Agreement 10
does not conflict with this title, the Secretary shall 11
execute the Agreement, including all appendices or 12
exhibits to, or parts of, the Agreement requiring the 13
signature of the Secretary. 14
(2) M
ODIFICATIONS.—Nothing in this title pro-15
hibits the Secretary, after execution of the Agree-16
ment, from approving any modification to the Agree-17
ment, including an appendix or exhibit to the Agree-18
ment, that is consistent with this title, to the extent 19
that the modification does not otherwise require con-20
gressional approval under section 2116 of the Re-21
vised Statutes (25 U.S.C. 177) or any other applica-22
ble provision of Federal law. 23
(c) E
NVIRONMENTAL COMPLIANCE.— 24
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(1) IN GENERAL.—In implementing the Agree-1
ment and this title, the Secretary shall comply 2
with— 3
(A) the Endangered Species Act of 1973 4
(16 U.S.C. 1531 et seq.); 5
(B) the National Environmental Policy Act 6
of 1969 (42 U.S.C. 4321 et seq.), including the 7
implementing regulations of that Act; and 8
(C) all other applicable Federal environ-9
mental laws and regulations. 10
(2) C
OMPLIANCE.— 11
(A) I
N GENERAL.—In implementing the 12
Agreement and this title, the Pueblos shall pre-13
pare any necessary environmental documents, 14
consistent with— 15
(i) the Endangered Species Act of 16
1973 (16 U.S.C. 1531 et seq.); 17
(ii) the National Environmental Policy 18
Act of 1969 (42 U.S.C. 4321 et seq.), in-19
cluding the implementing regulations of 20
that Act; and 21
(iii) all other applicable Federal envi-22
ronmental laws and regulations. 23
(B) A
UTHORIZATIONS.—The Secretary 24
shall— 25
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(i) independently evaluate the docu-1
mentation required under subparagraph 2
(A); and 3
(ii) be responsible for the accuracy, 4
scope, and contents of that documentation. 5
(3) E
FFECT OF EXECUTION .—The execution of 6
the Agreement by the Secretary under this section 7
shall not constitute a major Federal action under 8
the National Environmental Policy Act of 1969 (42 9
U.S.C. 4321 et seq.). 10
(4) C
OSTS.—Any costs associated with the per-11
formance of the compliance activities under this sub-12
section shall be paid from funds deposited in the 13
Pueblo Trust Funds, subject to the condition that 14
any costs associated with the performance of Federal 15
approval or other review of such compliance work or 16
costs associated with inherently Federal functions 17
shall remain the responsibility of the Secretary. 18
SEC. 204. PUEBLO WATER RIGHTS. 19
(a) T
RUSTSTATUS OF THE PUEBLOWATER 20
R
IGHTS.—The Pueblo Water Rights shall be held in trust 21
by the United States on behalf of the Pueblos in accord-22
ance with the Agreement and this title. 23
(b) F
ORFEITURE ANDABANDONMENT.— 24
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(1) IN GENERAL.—The Pueblo Water Rights 1
shall not be subject to loss through non-use, for-2
feiture, abandonment, or other operation of law. 3
(2) S
TATE-LAW BASED WATER RIGHTS .—State- 4
law based water rights acquired by a Pueblo, or by 5
the United States on behalf of a Pueblo, after the 6
date for inclusion in the Partial Final Judgment and 7
Decree, shall not be subject to forfeiture, abandon-8
ment, or permanent alienation from the time they 9
are acquired. 10
(c) U
SE.—Any use of the Pueblo Water Rights shall 11
be subject to the terms and conditions of the Agreement 12
and this title. 13
(d) A
UTHORITY OF THEPUEBLOS.— 14
(1) I
N GENERAL.—The Pueblos shall have the 15
authority to allocate, distribute, and lease the Pueblo 16
Water Rights for use on Pueblo Land in accordance 17
with the Agreement, this title, and applicable Fed-18
eral law. 19
(2) U
SE OFF PUEBLO LAND .—The Pueblos may 20
allocate, distribute, and lease the Pueblo Water 21
Rights for use off Pueblo Land in accordance with 22
the Agreement, this title, and applicable Federal 23
law, subject to the approval of the Secretary. 24
(e) A
DMINISTRATION.— 25
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(1) NO ALIENATION.—The Pueblos shall not 1
permanently alienate any portion of the Pueblo 2
Water Rights. 3
(2) P
URCHASES OR GRANTS OF LAND FROM IN -4
DIANS.—An authorization provided by this title for 5
the allocation, distribution, leasing, or other ar-6
rangement entered into pursuant to this title shall 7
be considered to satisfy any requirement for author-8
ization of the action required by Federal law. 9
(3) P
ROHIBITION ON FORFEITURE .—The non- 10
use of all or any portion of the Pueblo Water Rights 11
by any water user shall not result in the forfeiture, 12
abandonment, relinquishment, or other loss of all or 13
any portion of the Pueblo Water Rights. 14
SEC. 205. SETTLEMENT TRUST FUNDS. 15
(a) E
STABLISHMENT.—The Secretary shall establish 16
2 trust funds, to be known as the ‘‘Pueblo of Jemez Settle-17
ment Trust Fund’’ and the ‘‘Pueblo of Zia Settlement 18
Trust Fund’’, to be managed, invested, and distributed by 19
the Secretary and to remain available until expended, 20
withdrawn, or reverted to the general fund of the Treas-21
ury, consisting of the amounts deposited in the Pueblo 22
Trust Funds under subsection (b), together with any in-23
vestment earnings, including interest, earned on those 24
amounts for the purpose of carrying out this title. 25
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(b) DEPOSITS.—The Secretary shall deposit in each 1
Pueblo Trust Fund the amounts made available pursuant 2
to section 206(a). 3
(c) M
ANAGEMENT AND INTEREST.— 4
(1) M
ANAGEMENT.—On receipt and deposit of 5
funds into the Pueblo Trust Funds under subsection 6
(b), the Secretary shall manage, invest, and dis-7
tribute all amounts in the Pueblo Trust Funds in a 8
manner that is consistent with the investment au-9
thority of the Secretary under— 10
(A) the first section of the Act of June 24, 11
1938 (25 U.S.C. 162a); 12
(B) the American Indian Trust Fund Man-13
agement Reform Act of 1994 (25 U.S.C. 4001 14
et seq.); and 15
(C) this subsection. 16
(2) I
NVESTMENT EARNINGS .—In addition to 17
the deposits made to each Pueblo Trust Fund under 18
subsection (b), any investment earnings, including 19
interest, earned on those amounts held in each 20
Pueblo Trust Fund are authorized to be used in ac-21
cordance with subsections (e) and (g). 22
(d) A
VAILABILITY OFAMOUNTS.— 23
(1) I
N GENERAL.—Amounts appropriated to, 24
and deposited in, each Pueblo Trust Fund, including 25
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any investment earnings, including interest, earned 1
on those amounts, shall be made available to each 2
Pueblo by the Secretary beginning on the Enforce-3
ability Date, subject to the requirements of this sec-4
tion, except for funds to be made available to the 5
Pueblos pursuant to paragraph (2). 6
(2) U
SE OF FUNDS.—Notwithstanding para-7
graph (1), $25,000,000 of the amounts deposited in 8
each Pueblo Trust Fund shall be available to the ap-9
propriate Pueblo for— 10
(A) developing economic water develop-11
ment plans; 12
(B) preparing environmental compliance 13
documents; 14
(C) preparing water project engineering 15
designs; 16
(D) establishing and operating a water re-17
source department; 18
(E) installing supplemental irrigation 19
groundwater wells; and 20
(F) developing water measurement and re-21
porting water use plans. 22
(e) 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.—Each Pueblo may with-4
draw any portion of the amounts in the Pueblo 5
Trust Fund on approval by the Secretary of a 6
Tribal management plan submitted by the 7
Pueblo in accordance with the American Indian 8
Trust Fund Management Reform Act of 1994 9
(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
appropriate Pueblo shall spend all amounts 16
withdrawn from each Pueblo Trust Fund, and 17
any investment earnings (including interest) 18
earned on those amounts through the invest-19
ments under the Tribal management plan, in 20
accordance with this title. 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 each Pueblo from the Pueblo 2
Trust Fund of the Pueblo under subparagraph 3
(A) are used in accordance with this title. 4
(2) W
ITHDRAWALS UNDER EXPENDITURE 5
PLAN.— 6
(A) I
N GENERAL.—Each Pueblo may sub-7
mit to the Secretary a request to withdraw 8
funds from the Pueblo Trust Fund of the Pueb-9
lo pursuant to an approved expenditure plan. 10
(B) R
EQUIREMENTS.—To be eligible to 11
withdraw amounts under an expenditure plan 12
under subparagraph (A), each Pueblo shall sub-13
mit to the Secretary an expenditure plan for 14
any portion of the Pueblo Trust Fund that the 15
Pueblo 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 title. 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
Pueblo Trust Fund will be used by the Pueblo, 24
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in accordance with this subsection and sub-1
section (g). 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 title. 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 title. 15
(f) E
FFECT OFSECTION.—Nothing in this section 16
gives the Pueblos the right to judicial review of a deter-17
mination of the Secretary relating to whether to approve 18
a Tribal management plan under paragraph (1) of sub-19
section (e) 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
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(g) USES.—Amounts from a Pueblo Trust Fund may 1
only be used by the appropriate Pueblo for the following 2
purposes: 3
(1) Planning, permitting, designing, engineer-4
ing, constructing, reconstructing, replacing, rehabili-5
tating, operating, or repairing water production, 6
treatment, or delivery infrastructure, including for 7
domestic and municipal use, on-farm improvements, 8
or wastewater infrastructure. 9
(2) Watershed protection and enhancement, 10
support of agriculture, water-related Pueblo commu-11
nity welfare and economic development, and costs 12
related to implementation of the Agreement. 13
(3) Planning, permitting, designing, engineer-14
ing, construction, reconstructing, replacing, rehabili-15
tating, operating, or repairing water production of 16
delivery infrastructure of the Augmentation Project, 17
as set forth in the Agreement. 18
(4) Ensuring environmental compliance in the 19
development and construction of projects under this 20
title. 21
(5) The management and administration of the 22
Pueblo Water Rights. 23
(h) L
IABILITY.—The Secretary and the Secretary of 24
the Treasury shall not be liable for the expenditure or in-25
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vestment of any amounts withdrawn from a Pueblo Trust 1
Fund by a Pueblo under paragraph (1) or (2) of sub-2
section (e). 3
(i) E
XPENDITUREREPORTS.—Each Pueblo shall an-4
nually submit to the Secretary an expenditure report de-5
scribing accomplishments and amounts spent from use of 6
withdrawals under a Tribal management plan or an ex-7
penditure plan under paragraph (1) or (2) of subsection 8
(e), as applicable. 9
(j) N
OPERCAPITADISTRIBUTIONS.—No portion of 10
a Pueblo Trust Fund shall be distributed on a per capita 11
basis to any member of a Pueblo. 12
(k) T
ITLE TOINFRASTRUCTURE.—Title to, control 13
over, and operation of any project constructed using funds 14
from a Pueblo Trust Fund shall remain in the appropriate 15
Pueblo. 16
(l) O
PERATION, MAINTENANCE, ANDREPLACE-17
MENT.—All operation, maintenance, and replacement 18
costs of any project constructed using funds from a Pueblo 19
Trust Fund shall be the responsibility of the appropriate 20
Pueblo. 21
SEC. 206. FUNDING. 22
(a) M
ANDATORY APPROPRIATION.—Out of any 23
money in the Treasury not otherwise appropriated, the 24
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Secretary of the Treasury shall transfer to the Sec-1
retary— 2
(1) for deposit in the Pueblo of Jemez Settle-3
ment Trust Fund established under section 205(a) 4
$290,000,000, to remain available until expended, 5
withdrawn, or reverted to the general fund of the 6
Treasury; and 7
(2) for deposit in the Pueblo of Zia Settlement 8
Trust Fund established under that section 9
$200,000,000, to remain available until expended, 10
withdrawn, or reverted to the general fund of the 11
Treasury. 12
(b) F
LUCTUATION INCOSTS.— 13
(1) I
N GENERAL.—The amount appropriated 14
under subsection (a) shall be increased or decreased, 15
as appropriate, by such amounts as may be justified 16
by reason of ordinary fluctuations in costs, as indi-17
cated by the Bureau of Reclamation Construction 18
Cost Index–Composite Trend. 19
(2) C
ONSTRUCTION COSTS ADJUSTMENT .—The 20
amount appropriated under subsection (a) shall be 21
adjusted to address construction cost changes nec-22
essary to account for unforeseen market volatility 23
that may not otherwise be captured by engineering 24
cost indices, as determined by the Secretary, includ-25
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ing repricing applicable to the types of construction 1
and current industry standards involved. 2
(3) R
EPETITION.—The adjustment process 3
under this subsection shall be repeated for each sub-4
sequent amount appropriated until the applicable 5
amount, as adjusted, has been appropriated. 6
(4) P
ERIOD OF INDEXING.—The period of in-7
dexing adjustment under this subsection for any in-8
crement of funding shall start on October 1, 2021, 9
and end on the date on which the funds are depos-10
ited in the applicable Pueblo Trust Fund. 11
(c) S
TATECOSTSHARE.—The State shall con-12
tribute— 13
(1) $3,400,000, as adjusted for inflation pursu-14
ant to the Agreement, to the San Ysidro Community 15
Ditch Association for capital and operating expenses 16
of the mutual benefit Augmentation Project; 17
(2) $16,159,000, as adjusted for inflation pur-18
suant to the Agreement, for Jemez River Basin 19
Water Users Coalition acequia ditch improvements; 20
and 21
(3) $500,000, as adjusted for inflation, to miti-22
gate impairment to non-Pueblo domestic and live-23
stock groundwater rights as a result of new Pueblo 24
water use. 25
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SEC. 207. ENFORCEABILITY DATE. 1
The Enforceability Date shall be the date on which 2
the Secretary publishes in the Federal Register a state-3
ment of findings that— 4
(1) to the extent that the Agreement conflicts 5
with this title, the Agreement has been amended to 6
conform with this title; 7
(2) the Agreement, as amended, has been exe-8
cuted by all parties to the Agreement, including the 9
United States; 10
(3) the United States District Court for the 11
District of New Mexico has approved the Agreement 12
and has entered a Partial Final Judgment and De-13
cree; 14
(4) all of the amounts appropriated under sec-15
tion 206 have been appropriated and deposited in 16
the designated accounts of the applicable Pueblo 17
Trust Fund; 18
(5) the State has— 19
(A) provided the funding under section 20
206(c)(2) into appropriate funding accounts; 21
(B) provided the funding under section 22
206(c)(1) or entered into a funding agreement 23
with the intended beneficiaries for that funding; 24
and 25
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(C) enacted legislation to amend State law 1
to provide that a Pueblo Water Right may be 2
leased for a term of not to exceed 99 years, in-3
cluding renewals; 4
(6) the waivers and releases under section sub-5
sections (a) and (b) of section 208 have been exe-6
cuted by the Pueblos and the Secretary; and 7
(7) the waivers and releases under section 208 8
have been executed by the Pueblos and the Sec-9
retary. 10
SEC. 208. WAIVERS AND RELEASES OF CLAIMS. 11
(a) W
AIVERS ANDRELEASES OFCLAIMS BYPUEB-12
LOS ANDUNITEDSTATES ASTRUSTEE FORPUEBLOS.— 13
Subject to the reservation of rights and retention of claims 14
under subsection (d), as consideration for recognition of 15
the Pueblo Water Rights and other benefits described in 16
the Agreement and this title, the Pueblos and the United 17
States, acting as trustee for the Pueblos, shall execute a 18
waiver and release of all claims for— 19
(1) water rights within the Jemez River Stream 20
System that the Pueblos, or the United States act-21
ing as trustee for the Pueblos, asserted or could 22
have asserted in any proceeding, including the Adju-23
dication, on or before the Enforceability Date, ex-24
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•HR 1322 IH
cept to the extent that such a right is recognized in 1
the Agreement and this title; 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, diversion, or taking of water rights) in the 7
Jemez River Stream System against any party to 8
the Agreement, including the members and 9
parciantes of signatory acequias, that accrued at any 10
time up to and including the Enforceability Date. 11
(b) W
AIVERS ANDRELEASES OFCLAIMS BYPUEB-12
LOSAGAINSTUNITEDSTATES.—Subject to the reserva-13
tion of rights and retention of claims under subsection (d), 14
each Pueblo shall execute a waiver and release of all claims 15
against the United States (including any agency or em-16
ployee of the United States) for water rights within the 17
Jemez River Stream System first arising before the En-18
forceability Date relating to— 19
(1) water rights within the Jemez River Stream 20
System that the United States, acting as trustee for 21
the Pueblos, asserted or could have asserted in any 22
proceeding, including the Adjudication, except to the 23
extent that such rights are recognized as part of the 24
Pueblo Water Rights under this title; 25
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(2) foregone benefits from non-Pueblo use of 1
water, on and off Pueblo Land (including water 2
from all sources and for all uses), within the Jemez 3
River Stream System; 4
(3) damage, loss, or injury to water, water 5
rights, land, or natural resources due to loss of 6
water or water rights (including damages, losses, or 7
injuries to hunting, fishing, gathering, or cultural 8
rights due to loss of water or water rights, claims 9
relating to interference with, diversion of, or taking 10
of water, or claims relating to a failure to protect, 11
acquire, replace, or develop water, water rights, or 12
water infrastructure) within the Jemez River Stream 13
System; 14
(4) a failure to establish or provide a municipal, 15
rural, or industrial water delivery system on Pueblo 16
Land within the Jemez River Stream System; 17
(5) damage, loss, or injury to water, water 18
rights, land, or natural resources due to construc-19
tion, operation, and management of irrigation 20
projects on Pueblo Land or Federal land (including 21
damages, losses, or injuries to fish habitat, wildlife, 22
and wildlife habitat) within the Jemez River Stream 23
System; 24
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(6) a failure to provide for operation, mainte-1
nance, or deferred maintenance for any irrigation 2
system or irrigation project within the Jemez River 3
Stream System; 4
(7) a failure to provide a dam safety improve-5
ment to a dam on Pueblo Land within the Jemez 6
River Stream System; 7
(8) the litigation of claims relating to any water 8
right of a Pueblo within the Jemez River Stream 9
System; and 10
(9) the negotiation, execution, or adoption of 11
the Agreement (including exhibits or appendices) 12
and this title. 13
(c) E
FFECTIVEDATE.—The waivers and releases de-14
scribed in subsections (a) and (b) shall take effect on the 15
Enforceability Date. 16
(d) R
ESERVATION OF RIGHTS ANDRETENTION OF 17
C
LAIMS.—Notwithstanding the waivers and releases under 18
subsections (a) and (b), the Pueblos and the United 19
States, acting as trustee for the Pueblos, shall retain all 20
claims relating to— 21
(1) the enforcement of, or claims accruing after 22
the Enforceability Date relating to, water rights rec-23
ognized under the Agreement, this title, or the Par-24
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tial Final Judgement and Decree entered into in the 1
Adjudication; 2
(2) activities affecting the quality of water, in-3
cluding claims under— 4
(A) the Comprehensive Environmental Re-5
sponse, Compensation, and Liability Act of 6
1980 (42 U.S.C. 9601 et seq.), including claims 7
for damages to natural resources; 8
(B) the Safe Drinking Water Act (42 9
U.S.C. 300f et seq.); 10
(C) the Federal Water Pollution Control 11
Act (33 U.S.C. 1251 et seq.) (commonly re-12
ferred to as the ‘‘Clean Water Act’’); and 13
(D) any regulations implementing the Acts 14
described in subparagraphs (A) through (C); 15
(3) the right to use and protect water rights ac-16
quired after the date of enactment of this Act; 17
(4) damage, loss, or injury to land or natural 18
resources that is not due to loss of water or water 19
rights, including hunting, fishing, gathering, or cul-20
tural rights; 21
(5) all rights, remedies, privileges, immunities, 22
and powers not specifically waived and released pur-23
suant to this title or the Agreement; and 24
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(6) loss of water or water rights in locations 1
outside of the Jemez River Stream System. 2
(e) E
FFECT OFAGREEMENT AND TITLE.—Nothing 3
in the Agreement or this title— 4
(1) reduces or extends the sovereignty (includ-5
ing civil and criminal jurisdiction) of any govern-6
ment entity; 7
(2) affects the ability of the United States, as 8
sovereign, to carry out any activity authorized by 9
law, including— 10
(A) the Comprehensive Environmental Re-11
sponse, Compensation, and Liability Act of 12
1980 (42 U.S.C. 9601 et seq.); 13
(B) the Safe Drinking Water Act (42 14
U.S.C. 300f et seq.); 15
(C) the Federal Water Pollution Control 16
Act (33 U.S.C. 1251 et seq.) (commonly re-17
ferred to as the ‘‘Clean Water Act’’); 18
(D) the Solid Waste Disposal Act (42 19
U.S.C. 6901 et seq.); and 20
(E) any regulations implementing the Acts 21
described in subparagraphs (A) though (D); 22
(3) affects the ability of the United States to 23
act as trustee for the Pueblos (consistent with this 24
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title), any other pueblo or Indian Tribe, or an allot-1
tee of any Indian Tribe; 2
(4) confers jurisdiction on any State court— 3
(A) to interpret Federal law relating to 4
health, safety, or the environment; 5
(B) to determine the duties of the United 6
States or any other party under Federal law re-7
garding health, safety, or the environment; 8
(C) to conduct judicial review of any Fed-9
eral agency action; or 10
(D) to interpret Pueblo or Tribal law; or 11
(5) waives any claim of a member of a Pueblo 12
in an individual capacity that does not derive from 13
a right of the Pueblos. 14
(f) T
OLLING OFCLAIMS.— 15
(1) I
N GENERAL.—Each applicable period of 16
limitation and time-based equitable defense relating 17
to a claim described in this section shall be tolled for 18
the period beginning on the date of enactment of 19
this Act and ending on the Enforceability Date. 20
(2) E
FFECT OF SUBSECTION .—Nothing in this 21
subsection revives any claim or tolls any period of 22
limitation or time-based equitable defense that ex-23
pired before the date of enactment of this Act. 24
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(3) LIMITATION.—Nothing in this section pre-1
cludes the tolling of any period of limitation or any 2
time-based equitable defense under any other appli-3
cable law. 4
(g) E
XPIRATION.— 5
(1) I
N GENERAL.—This title shall expire in any 6
case in which the Secretary fails to publish a state-7
ment of findings under section 207 by not later 8
than— 9
(A) July 1, 2030; or 10
(B) such alternative later date as is agreed 11
to by the Pueblos and the Secretary, after pro-12
viding reasonable notice to the State. 13
(2) C
ONSEQUENCES.—If this title expires under 14
paragraph (1)— 15
(A) the waivers and releases under sub-16
sections (a) and (b) shall— 17
(i) expire; and 18
(ii) have no further force or effect; 19
(B) the authorization, ratification, con-20
firmation, and execution of the Agreement 21
under section 203 shall no longer be effective; 22
(C) any action carried out by the Sec-23
retary, and any contract or agreement entered 24
into, pursuant to this title shall be void; 25
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(D) any unexpended Federal funds appro-1
priated or made available to carry out the ac-2
tivities authorized by this title, together with 3
any interest earned on those funds, and any 4
water rights or contracts to use water and title 5
to other property acquired or constructed with 6
Federal funds appropriated or made available 7
to carry out the activities authorized by this 8
title shall be returned to the Federal Govern-9
ment, unless otherwise agreed to by the Pueblos 10
and the United States and approved by Con-11
gress; and 12
(E) except for Federal funds used to ac-13
quire or construct property that is returned to 14
the Federal Government under subparagraph 15
(D), the United States shall be entitled to offset 16
any Federal funds made available to carry out 17
this title that were expended or withdrawn, or 18
any funds made available to carry out this title 19
from other Federal authorized sources, together 20
with any interest accrued on those funds, 21
against any claims against the United States— 22
(i) relating to— 23
(I) water rights in the State as-24
serted by— 25
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(aa) the Pueblos; or 1
(bb) any user of the Pueblo 2
Water Rights; or 3
(II) any other matter covered by 4
subsection (b); or 5
(ii) in any future settlement of water 6
rights of the Pueblos. 7
SEC. 209. SATISFACTION OF CLAIMS. 8
The benefits provided under this title shall be in com-9
plete replacement of, complete substitution for, and full 10
satisfaction of any claim of the Pueblos against the United 11
States that are waived and released by the Pueblos pursu-12
ant to section 208(b). 13
SEC. 210. MISCELLANEOUS PROVISIONS. 14
(a) N
OWAIVER OFSOVEREIGNIMMUNITY BY THE 15
U
NITEDSTATES.—Nothing in this title waives the sov-16
ereign immunity of the United States. 17
(b) O
THERTRIBESNOTADVERSELYAFFECTED.— 18
Nothing in this title quantifies or diminishes any land or 19
water right, or any claim or entitlement to land or water, 20
of an Indian Tribe, band, or community other than the 21
Pueblos. 22
(c) E
FFECT ONCURRENTLAW.—Nothing in this 23
title affects any provision of law (including regulations) 24
in effect on the day before the date of enactment of this 25
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Act with respect to pre-enforcement review of any Federal 1
environmental enforcement action. 2
(d) C
ONFLICT.—In the event of a conflict between 3
the Agreement and this title, this title shall control. 4
SEC. 211. ANTIDEFICIENCY. 5
The United States shall not be liable for any failure 6
to carry out any obligation or activity authorized by this 7
title, including any obligation or activity under the Agree-8
ment, if adequate appropriations are not provided ex-9
pressly by Congress to carry out the purposes of this title. 10
Æ 
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