[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1322 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
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
February 13, 2025
Ms. Leger Fernandez (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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rio San Jose and
Rio Jemez Water Settlements Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
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 Pueblo 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 AND LAGUNA WATER RIGHTS SETTLEMENT
SEC. 101. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all issues and controversies concerning claims to water rights
in the general stream adjudication of the Rio San Jose Stream
System captioned ``State of New Mexico, ex rel. State Engineer
v. Kerr-McGee, et al.'', No. D-1333-CV-1983-00190 and No. D-
1333-CV1983-00220 (consolidated), pending in the Thirteenth
Judicial District Court for the State of New Mexico, for--
(A) the Pueblo of Acoma;
(B) the Pueblo of Laguna; and
(C) the United States, acting as trustee for the
Pueblos of Acoma and Laguna;
(2) to authorize, ratify, and confirm the agreement entered
into by the Pueblos, the State, and various other parties to
the Agreement, to the extent that the Agreement is consistent
with this title;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry
out the Agreement in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Agreement and this title.
SEC. 102. DEFINITIONS.
In this title:
(1) Acequia.--The term ``Acequia'' means each of the
Bluewater Toltec Irrigation District, La Acequia Madre del Ojo
del Gallo, Moquino Water Users Association II, Murray Acres
Irrigation Association, San Mateo Irrigation Association,
Seboyeta Community Irrigation Association, Cubero Acequia
Association, Cebolletita Acequia Association, and Community
Ditch of San Jose de la Cienega.
(2) Acomita reservoir works trust fund.--The term ``Acomita
Reservoir Works Trust Fund'' means the Acomita Reservoir Works
Trust Fund established under section 105(a).
(3) Adjudication.--The term ``Adjudication'' means the
general adjudication of water rights entitled ``State of New
Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No. D-
1333-CV-1983-00190 and No. D-1333-CV1983-00220 (consolidated)
pending, as of the date of enactment of this Act, in the Decree
Court.
(4) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Rio San Jose Stream
System Water Rights Local Settlement Agreement Among
the Pueblo of Acoma, the Pueblo of Laguna, the Navajo
Nation, the State of New Mexico, the City of Grants,
the Village of Milan, the Association of Community
Ditches of the Rio San Jose and Nine Individual
Acequias and Community Ditches'' and dated May 13,
2022, and the attachments thereto; and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an
attachment thereto) that is executed to ensure that the
Agreement is consistent with this title.
(5) Allotment.--The term ``Allotment'' means a parcel of
land that is--
(A) located within--
(i) the Rio Puerco Basin;
(ii) the Rio San Jose Stream System; or
(iii) the Rio Salado Basin; and
(B) held in trust by the United States for the
benefit of 1 or more individual Indians.
(6) Allottee.--The term ``Allottee'' means an individual
with a beneficial interest in an Allotment.
(7) Decree court.--The term ``Decree Court'' means the
Thirteenth Judicial District Court of the State of New Mexico.
(8) Enforceability date.--The term ``Enforceability Date''
means the date described in section 107.
(9) Partial final judgment and decree.--The term ``Partial
Final Judgment and Decree'' means a final or interlocutory
partial final judgment and decree entered by the Decree Court
with respect to the water rights of the Pueblos--
(A) that is substantially in the form described in
Article 14.7.2 of the Agreement, as amended to ensure
consistency with this title; and
(B) from which no further appeal may be taken.
(10) Pueblo.--The term ``Pueblo'' means either of--
(A) the Pueblo of Acoma; or
(B) the Pueblo of Laguna.
(11) Pueblo land.--
(A) In general.--The term ``Pueblo Land'' means any
real property--
(i) in the Rio San Jose Stream System that
is held by the United States in trust for
either Pueblo, or owned by either Pueblo, as of
the Enforceability Date;
(ii) in the Rio Salado Basin that is held
by the United States in trust for the Pueblo of
Acoma, or owned by the Pueblo of Acoma, as of
the Enforceability Date; or
(iii) in the Rio Puerco Basin that is held
by the United States in trust for the Pueblo of
Laguna, or owned by the Pueblo of Laguna, as of
the Enforceability Date.
(B) Inclusions.--The term ``Pueblo Land'' includes
land placed in trust with the United States subsequent
to the Enforceability Date for either Pueblo in the Rio
San Jose Stream System, for the Pueblo of Acoma in the
Rio Salado Basin, or for the Pueblo of Laguna in the
Rio Puerco Basin.
(12) Pueblo trust fund.--The term ``Pueblo Trust Fund''
means--
(A) the Pueblo of Acoma Settlement Trust Fund
established under section 105(a);
(B) the Pueblo of Laguna Settlement Trust Fund
established under that section; and
(C) the Acomita Reservoir Works Trust Fund.
(13) Pueblo water rights.--The term ``Pueblo Water Rights''
means--
(A) the respective water rights of the Pueblos in
the Rio San Jose Stream System--
(i) as identified in the Agreement and
section 104; and
(ii) as confirmed in the Partial Final
Judgment and Decree;
(B) the water rights of the Pueblo of Acoma in the
Rio Salado Basin; and
(C) the water rights of the Pueblo of Laguna in the
Rio Puerco Basin, as identified in the Agreement and
section 104.
(14) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Acoma; and
(B) the Pueblo of Laguna.
(15) Rio puerco basin.--The term ``Rio Puerco Basin'' means
the area defined by the United States Geological Survey
Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) and
13020205 (Arroyo Chico subbasin), including the hydrologically
connected groundwater.
(16) Rio san jose stream system.--The term ``Rio San Jose
Stream System'' means the geographic extent of the area
involved in the Adjudication pursuant to the description filed
in the Decree Court on November 21, 1986.
(17) Rio salado basin.--The term ``Rio Salado Basin'' means
the area defined by the United States Geological Survey
Hydrologic Unit Code (HUC) 13020209 (Rio Salado subbasin),
including the hydrologically connected groundwater.
(18) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(19) Signatory acequia.--The term ``Signatory Acequia''
means an acequia that is a signatory to the Agreement.
(20) State.--The term ``State'' means the State of New
Mexico and all officers, agents, departments, and political
subdivisions of the State of New Mexico.
SEC. 103. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title and to
the extent that the Agreement does not conflict with this
title, the Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement, or any
attachment to the Agreement requiring the signature of the
Secretary, is executed in accordance with this title to make
the Agreement consistent with this title, the amendment is
authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent that the Agreement does not
conflict with this title, the Secretary shall execute the
Agreement, including all attachments to, or parts of, the
Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary, after execution of the Agreement, from approving any
modification to the Agreement, including an attachment to the
Agreement, that is consistent with this title, to the extent
that the modification does not otherwise require congressional
approval under section 2116 of the Revised Statutes (25 U.S.C.
177) or any other applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
title, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and
this title, the Pueblos shall prepare any necessary
environmental documents, consistent with--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation required under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Pueblo Trust Funds, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall remain
the responsibility of the Secretary.
SEC. 104. PUEBLO WATER RIGHTS.
(a) Trust Status of the Pueblo Water Rights.--The Pueblo Water
Rights shall be held in trust by the United States on behalf of the
Pueblos in accordance with the Agreement and this title.
(b) Forfeiture and Abandonment.--
(1) In general.--The Pueblo Water Rights shall not be
subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State-law based water rights.--Pursuant to the
Agreement, State-law based water rights acquired by a Pueblo,
or by the United States on behalf of a Pueblo, after the date
for inclusion in the Partial Final Judgment and Decree, shall
not be subject to forfeiture, abandonment, or permanent
alienation from the time they are acquired.
(c) Use.--Any use of the Pueblo Water Rights shall be subject to
the terms and conditions of the Agreement and this title.
(d) Allotment Rights Not Included.--The Pueblo Water Rights shall
not include any water uses or water rights claims on an Allotment.
(e) Authority of the Pueblos.--
(1) In general.--The Pueblos shall have the authority to
allocate, distribute, and lease the Pueblo Water Rights for use
on Pueblo Land in accordance with the Agreement, this title,
and applicable Federal law.
(2) Use off pueblo land.--The Pueblos may allocate,
distribute, and lease the Pueblo Water Rights for use off
Pueblo Land in accordance with the Agreement, this title, and
applicable Federal law, subject to the approval of the
Secretary.
(3) Allottee water rights.--The Pueblos shall not object in
any general stream adjudication, including the Adjudication, or
any other appropriate forum, to the quantification of
reasonable domestic, stock, and irrigation water uses on an
Allotment, and shall administer any water use in accordance
with applicable Federal law, including recognition of--
(A) any water use existing on an Allotment as of
the date of enactment of this Act;
(B) reasonable domestic, stock, and irrigation
water uses on an Allotment; and
(C) any Allotment water right decreed in a general
stream adjudication, including the Adjudication, or
other appropriate forum, for an Allotment.
(f) Administration.--
(1) No alienation.--The Pueblos shall not permanently
alienate any portion of the Pueblo Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action required by Federal
law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Pueblo Water Rights by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Pueblo Water Rights.
SEC. 105. SETTLEMENT TRUST FUNDS.
(a) Establishment.--The Secretary shall establish 2 trust funds, to
be known as the ``Pueblo of Acoma Settlement Trust Fund'' and the
``Pueblo of Laguna Settlement Trust Fund'', and a trust fund for the
benefit of both Pueblos to be known as the ``Acomita Reservoir Works
Trust Fund'', to be managed, invested, and distributed by the Secretary
and to remain available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts deposited in
the Pueblo Trust Funds under subsection (c), together with any
investment earnings, including interest, earned on those amounts, for
the purpose of carrying out this title.
(b) Accounts.--
(1) Pueblo of acoma settlement trust fund.--The Secretary
shall establish in the Pueblo of Acoma Settlement Trust Fund
established under subsection (a) the following accounts:
(A) The Water Rights Settlement Account.
(B) The Water Infrastructure Operations and
Maintenance Account.
(C) The Feasibility Studies Settlement Account.
(2) Pueblo of laguna settlement trust fund.--The Secretary
shall establish in the Pueblo of Laguna Settlement Trust Fund
established under subsection (a) the following accounts:
(A) The Water Rights Settlement Account.
(B) The Water Infrastructure Operations and
Maintenance Account.
(C) The Feasibility Studies Settlement Account.
(c) Deposits.--The Secretary shall deposit in each Pueblo Trust
Fund the amounts made available pursuant to section 106(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Pueblo Trust Funds under subsection (c), the Secretary shall
manage, invest, and distribute all amounts in the Pueblo Trust
Funds in a manner that is consistent with the investment
authority of the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to each Pueblo Trust Fund under subsection (c), any investment
earnings, including interest, earned on those amounts held in
each Pueblo Trust Fund are authorized to be used in accordance
with subsections (f) and (h).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
each Pueblo Trust Fund, including any investment earnings,
including interest, earned on those amounts, shall be made
available to the Pueblo or Pueblos by the Secretary beginning
on the Enforceability Date, subject to the requirements of this
section, except for those funds to be made available to the
Pueblos pursuant to paragraph (2).
(2) Use of funds.--Notwithstanding paragraph (1)--
(A) amounts deposited in the Feasibility Studies
Settlement Account of each Pueblo Trust Fund, including
any investment earnings, including interest, earned on
those amounts, shall be available to the Pueblo on the
date on which the amounts are deposited for uses
described in subsection (h)(3), and in accordance with
the Agreement;
(B) amounts deposited in the Acomita Reservoir
Works Trust Fund, including any investment earnings,
including interest, earned on those amounts, shall be
available to the Pueblos on the date on which the
amounts are deposited for uses described in subsection
(h)(4), and in accordance with the Agreement; and
(C) up to $15,000,000 from the Water Rights
Settlement Account for each Pueblo shall be available
on the date on which the amounts are deposited for
installing, on Pueblo Lands, groundwater wells to meet
immediate domestic, commercial, municipal and
industrial water needs, and associated environmental,
cultural, and historical compliance.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--Each Pueblo may withdraw any
portion of the amounts in its respective Settlement
Trust Fund on approval by the Secretary of a Tribal
management plan submitted by each Pueblo in accordance
with the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the appropriate Pueblo shall spend all amounts
withdrawn from each Pueblo Trust Fund, and any
investment earnings, including interest, earned on
those amounts through the investments under the Tribal
management plan, in accordance with this title.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the Tribal
management plan under this paragraph to ensure that
amounts withdrawn by each Pueblo from the Pueblo Trust
Funds under subparagraph (A) are used in accordance
with this title.
(2) Withdrawals under expenditure plan.--
(A) In general.--Each Pueblo may submit to the
Secretary a request to withdraw funds from the Pueblo
Trust Fund of the Pueblo pursuant to an approved
expenditure plan.
(B) Requirements.--To be eligible to withdraw
amounts under an expenditure plan under subparagraph
(A), the appropriate Pueblo shall submit to the
Secretary an expenditure plan for any portion of the
Pueblo Trust Fund that the Pueblo elects to withdraw
pursuant to that subparagraph, subject to the condition
that the amounts shall be used for the purposes
described in this title.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the Pueblo Trust Fund will be used by the Pueblo,
in accordance with this subsection and subsection (h).
(D) Approval.--The Secretary shall approve an
expenditure plan submitted under subparagraph (A) if
the Secretary determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this title.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan to ensure that amounts disbursed under this
paragraph are used in accordance with this title.
(3) Withdrawals from acomita reservoir works trust fund.--
(A) In general.--A Pueblo may submit to the
Secretary a request to withdraw funds from the Acomita
Reservoir Works Trust Fund pursuant to an approved
joint expenditure plan.
(B) Requirements.--
(i) In general.--To be eligible to withdraw
amounts under a joint expenditure plan under
subparagraph (A), the Pueblos shall submit to
the Secretary a joint expenditure plan for any
portion of the Acomita Reservoir Works Trust
Fund that the Pueblos elect to withdraw
pursuant to this subparagraph, subject to the
condition that the amounts shall be used for
the purposes described in subsection (h)(4).
(ii) Written resolution.--Each request to
withdraw amounts under a joint expenditure plan
submitted under clause (i) shall be accompanied
by a written resolution from the Tribal
councils of both Pueblos approving the
requested use and disbursement of funds.
(C) Inclusions.--A joint expenditure plan under
this paragraph shall include a description of the
manner and purpose for which the amounts proposed to be
withdrawn from the Acomita Reservoir Works Trust Fund
will be used by the Pueblo or Pueblos to whom the funds
will be disbursed, in accordance with subsection
(h)(4).
(D) Approval.--The Secretary shall approve a joint
expenditure plan submitted under subparagraph (A) if
the Secretary determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this title.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce a joint
expenditure plan to ensure that amounts disbursed under
this paragraph are used in accordance with this title.
(g) Effect of Section.--Nothing in this section gives the Pueblos
the right to judicial review of a determination of the Secretary
relating to whether to approve a Tribal management plan under paragraph
(1) of subsection (f) or an expenditure plan under paragraph (2) or (3)
of that subsection except under subchapter II of chapter 5, and chapter
7, of title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(h) Uses.--
(1) Water rights settlement account.--The Water Rights
Settlement Account for each Pueblo may only be used for the
following purposes:
(A) Acquiring water rights or water supply.
(B) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing,
rehabilitating, operating, or repairing water
production, treatment, or delivery infrastructure,
including for domestic and municipal use, on-farm
improvements, or wastewater infrastructure.
(C) Pueblo Water Rights management and
administration.
(D) Watershed protection and enhancement, support
of agriculture, water-related Pueblo community welfare
and economic development, and costs relating to
implementation of the Agreement.
(E) Environmental compliance in the development and
construction of infrastructure under this title.
(2) Water infrastructure operations and maintenance trust
account.--The Water Infrastructure Operations and Maintenance
Account for each Pueblo may only be used to pay costs for
operation and maintenance of water infrastructure to serve
Pueblo domestic, commercial, municipal, and industrial water
uses from any water source.
(3) Feasibility studies settlement account.--The
Feasibility Studies Settlement Account for each Pueblo may only
be used to pay costs for feasibility studies of water supply
infrastructure to serve Pueblo domestic, commercial, municipal,
and industrial water uses from any water source.
(4) Acomita reservoir works trust fund.--The Acomita
Reservoir Works Trust Fund may only be used for planning,
permitting, designing, engineering, constructing,
reconstructing, replacing, rehabilitating, maintaining, or
repairing Acomita reservoir, its dam, inlet works, outlet
works, and the North Acomita Ditch from the Acomita Reservoir
outlet on the Pueblo of Acoma through its terminus on the
Pueblo of Laguna.
(i) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the Pueblo Trust Funds by a Pueblo under paragraph (1),
(2), or (3) of subsection (f).
(j) Expenditure Reports.--Each Pueblo shall annually submit to the
Secretary an expenditure report describing accomplishments and amounts
spent from use of withdrawals under a Tribal management plan or an
expenditure plan under paragraph (1), (2), or (3) of subsection (f), as
applicable.
(k) No Per Capita Distributions.--No portion of the Pueblo Trust
Funds shall be distributed on a per capita basis to any member of a
Pueblo.
(l) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from the Pueblo Trust Funds
shall remain in the appropriate Pueblo or Pueblos.
(m) Operation, Maintenance, and Replacement.--All operation,
maintenance, and replacement costs of any project constructed using
funds from the Pueblo Trust Funds shall be the responsibility of the
appropriate Pueblo or Pueblos.
SEC. 106. FUNDING.
(a) Mandatory Appropriations.--Out of any money in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary the following amounts for deposit in the following
accounts:
(1) Pueblo of acoma settlement trust fund.--
(A) The water rights settlement account.--For
deposit in the Water Rights Settlement Account
established under section 105(b)(1)(A), $296,000,000,
to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury.
(B) The water infrastructure operations and
maintenance account.--For deposit in the Water
Infrastructure Operations and Maintenance Account
established under section 105(b)(1)(B), $14,000,000, to
remain available until expended, withdrawn, or reverted
to the general fund of the Treasury.
(C) The feasibility studies settlement account.--
For deposit in the Feasibility Studies Settlement
Account established under section 105(b)(1)(C),
$1,750,000, to remain available until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(2) Pueblo of laguna settlement trust fund.--
(A) The water rights settlement account.--For
deposit in the Water Rights Settlement Account
established under section 105(b)(2)(A), $464,000,000,
to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury.
(B) The water infrastructure operations and
maintenance account.--For deposit in the Water
Infrastructure Operations and Maintenance Account
established under section 105(b)(2)(B), $26,000,000, to
remain available until expended, withdrawn, or reverted
to the general fund of the Treasury.
(C) The feasibility studies settlement account.--
For deposit in the Feasibility Studies Settlement
Account established under section 105(b)(2)(C),
$3,250,000, to remain available until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(3) Acomita reservoir works trust fund.--For deposit in the
Acomita Reservoir Works Trust Fund, $45,000,000, to remain
available until expended, withdrawn, or reverted to the general
fund of the Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amounts appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary fluctuations
in costs, as indicated by the Bureau of Reclamation
Construction Cost Index-Composite Trend.
(2) Construction costs adjustment.--The amounts
appropriated under subsection (a) shall be adjusted to address
construction cost changes necessary to account for unforeseen
market volatility that may not otherwise be captured by
engineering cost indices, as determined by the Secretary,
including repricing applicable to the types of construction and
current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has been
appropriated.
(4) Period of indexing.--The period of indexing and
adjustment under this subsection for any increment of funding
shall start on October 1, 2021, and end on the date on which
funds are deposited in the applicable Pueblo Trust Fund.
(c) State Cost-Share.--Pursuant to the Agreement, the State shall
contribute--
(1) $23,500,000, as adjusted for inflation pursuant to the
Agreement, for the Joint Grants-Milan Project for Water Re-Use,
Water Conservation and Augmentation of the Rio San Jose, the
Village of Milan Projects Fund, and the City of Grants Projects
Fund;
(2) $12,000,000, as adjusted for the inflation pursuant to
the Agreement, for Signatory Acequias Projects and Offset
Projects Fund for the Association of Community Ditches of the
Rio San Jose; and
(3) $500,000, as adjusted for inflation pursuant to the
Agreement, to mitigate impairment to non-Pueblo domestic and
livestock groundwater rights as a result of new Pueblo water
use.
SEC. 107. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the Secretary
publishes in the Federal Register a statement of findings that--
(1) to the extent that the Agreement conflicts with this
title, the Agreement has been amended to conform with this
title;
(2) the Agreement, as amended, has been executed by all
parties to the Agreement, including the United States;
(3) all of the amounts appropriated under section 106 have
been appropriated and deposited in the designated accounts of
the Pueblo Trust Fund;
(4) the State has--
(A) provided the funding under section 106(c)(3)
into the appropriate funding accounts;
(B) provided the funding under paragraphs (1) and
(2) of section 106(c) into the appropriate funding
accounts or entered into funding agreements with the
intended beneficiaries for funding under those
paragraphs of that section; and
(C) enacted legislation to amend State law to
provide that a Pueblo Water Right may be leased for a
term not to exceed 99 years, including renewals;
(5) the Decree Court has approved the Agreement and has
entered a Partial Final Judgment and Decree; and
(6) the waivers and releases under section 108 have been
executed by the Pueblos and the Secretary.
SEC. 108. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Pueblos and the United States
as Trustee for Pueblos.--Subject to the reservation of rights and
retention of claims under subsection (d), as consideration for
recognition of the Pueblo Water Rights and other benefits described in
the Agreement and this title, the Pueblos and the United States, acting
as trustee for the Pueblos, shall execute a waiver and release of all
claims for--
(1) water rights within the Rio San Jose Stream System that
the Pueblos, or the United States acting as trustee for the
Pueblos, 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 title; and
(2) 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 waters in the Rio San Jose 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.
(b) Waivers and Releases of Claims by Pueblos Against United
States.--Subject to the reservation of rights and retention of claims
under subsection (d), the Pueblos 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--
(1) water rights within the Rio San Jose Stream System that
the United States, acting as trustee for the Pueblos, asserted
or could have asserted in any proceeding, including the
Adjudication, except to the extent that such rights are
recognized as part of the Pueblo Water Rights under this title;
(2) foregone benefits from non-Pueblo use of water, on and
off Pueblo Land (including water from all sources and for all
uses), within the Rio San Jose Stream System;
(3) 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 Jose Stream System;
(4) a failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Rio San Jose Stream System;
(5) a failure to establish or provide a municipal, rural,
or industrial water delivery system on Pueblo Land within the
Rio San Jose Stream System;
(6) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on Pueblo Land (including
damages, losses, or injuries to fish habitat, wildlife, and
wildlife habitat) within the Rio San Jose Stream System;
(7) a failure to provide a dam safety improvement to a dam
on Pueblo Land within the Rio San Jose Stream System;
(8) the litigation of claims relating to any water right of
the Pueblos within the Rio San Jose Stream System; and
(9) the negotiation, execution, or adoption of the
Agreement (including attachments) and this title.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsections (a) and (b), the Pueblos and
the United States, acting as trustee for the Pueblos, shall retain all
claims relating to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to, water rights recognized under
the Agreement, this title, or the Partial Final Judgment and
Decree entered in the Adjudication;
(2) activities affecting the quality of water and the
environment, including claims under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.), including claims for damages to natural
resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act''); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) the right to use and protect water rights acquired
after the date of enactment of this Act;
(4) 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;
(5) all claims for water rights, and claims for injury to
water rights, in basins other than the Rio San Jose Stream
System, subject to Article 8.5 of the Agreement with respect to
the claims of the Pueblo of Laguna for water rights in the Rio
Puerco Basin and the claims of the Pueblo of Acoma for water
rights in the Rio Salado Basin;
(6) all claims relating to the Jackpile-Paguate Uranium
Mine in the State that are not due to loss of water or water
rights; and
(7) all rights, remedies, privileges, immunities, powers,
and claims not specifically waived and released pursuant to
this title or the Agreement.
(e) Effect of Agreement and Title.--Nothing in the Agreement or
this title--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity, except as
provided in section 110;
(2) affects the ability of the United States, as a
sovereign, to carry out any activity authorized by law,
including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'');
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.); and
(E) any regulations implementing the Acts described
in subparagraphs (A) through (D);
(3) affects the ability of the United States to act as
trustee for the Pueblos (consistent with this title), any other
pueblo or Indian Tribe, or an Allottee of any Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law regarding health,
safety, or the environment; or
(C) to conduct judicial review of any Federal
agency action; or
(5) waives any claim of a member of a Pueblo in an
individual capacity that does not derive from a right of the
Pueblos.
(f) Tolling of Claims.--
(1) In general.--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.
(2) Effect of subsection.--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.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based equitable
defense under any other applicable law.
(g) Expiration.--
(1) In general.--This title shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 107 by not later than--
(A) July 1, 2030; or
(B) such alternative later date as is agreed to by
the Pueblos and the Secretary, after providing
reasonable notice to the State.
(2) Consequences.--If this title expires under paragraph
(1)--
(A) the waivers and releases under subsections (a)
and (b) shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the Agreement under section 103 shall
no longer be effective;
(C) any action carried out by the Secretary, and
any contract or agreement entered into, pursuant to
this title shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized
by this title, 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 title, shall be returned to the Federal
Government, unless otherwise agreed to by the Pueblos
and the United States and approved by Congress; and
(E) 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 title that were expended or
withdrawn, or any funds made available to carry out
this title from other Federal authorized sources,
together with any interest accrued on those funds,
against any claims against the United States--
(i) relating to--
(I) water rights in the State
asserted by--
(aa) the Pueblos; or
(bb) any user of the Pueblo
Water Rights; or
(II) any other matter covered by
subsection (b); or
(ii) in any future settlement of water
rights of the Pueblos.
SEC. 109. SATISFACTION OF CLAIMS.
The benefits provided under this title shall be in complete
replacement of, complete substitution for, and full satisfaction of any
claim of the Pueblos against the United States that are waived and
released by the Pueblos pursuant to section 108(b).
SEC. 110. CONSENT OF UNITED STATES TO JURISDICTION FOR JUDICIAL REVIEW
OF A PUEBLO WATER RIGHT PERMIT DECISION.
(a) Consent.--On the Enforceability Date, the consent of the United
States is hereby given, with the consent of each Pueblo under Article
11.5 of the Agreement, to jurisdiction in the District Court for the
Thirteenth Judicial District of the State of New Mexico, and in the New
Mexico Court of Appeals and the New Mexico Supreme Court on appeal
therefrom in the same manner as provided under New Mexico law, over an
action filed in such District Court by any party to a Pueblo Water
Rights Permit administrative proceeding under Article 11.4 of the
Agreement for the limited and sole purpose of judicial review of a
Pueblo Water Right Permit decision under Article 11.5 of the Agreement.
(b) Limitation.--The consent of the United States under this title
is limited to judicial review, based on the record developed through
the administrative process of the Pueblo, under a standard of judicial
review limited to determining whether the Pueblo decision on the
application for Pueblo Water Right Permit--
(1) is supported by substantial evidence;
(2) is not arbitrary, capricious, or contrary to law;
(3) is not in accordance with the Agreement or the Partial
Final Judgment and Decree; or
(4) shows that the Pueblo acted fraudulently or outside the
scope of its authority.
(c) Pueblo Water Code and Interpretation.--
(1) In general.--Pueblo Water Code or Pueblo Water Law
provisions that meet the requirements of Article 11 of the
Agreement shall be given full faith and credit in any
proceeding described in this section.
(2) Provisions of the pueblo water code.--To the extent
that a State court conducting judicial review under this
section must interpret provisions of Pueblo law that are not
express provisions of the Pueblo Water Code, the State court
shall certify the question of interpretation to the Pueblo
court.
(3) No certification.--Any issues of interpretation of
standards in Article 11.6 of the Agreement are not subject to
certification.
(4) Limitation.--Nothing in this section limits the
jurisdiction of the Decree Court to interpret and enforce the
Agreement.
SEC. 111. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--Nothing
in this title waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this title
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian Tribe, band, or community
other than the Pueblos.
(c) Allottees Not Adversely Affected.--Nothing in this title
quantifies or diminishes any water right, or any claim or entitlement
to water, of an Allottee.
(d) Effect on Current Law.--Nothing in this title affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
(e) Conflict.--In the event of a conflict between the Agreement and
this title, this title shall control.
SEC. 112. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this title, including any
obligation or activity under the Agreement, if adequate appropriations
are not provided expressly by Congress to carry out the purposes of
this title.
TITLE II--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT
SEC. 201. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the Jemez River Stream System in
the State of New Mexico for--
(A) the Pueblo of Jemez;
(B) the Pueblo of Zia; and
(C) the United States, acting as trustee for the
Pueblos of Jemez and Zia;
(2) to authorize, ratify, and confirm the Agreement entered
into by the Pueblos, the State, and various other parties to
the extent that the Agreement is consistent with this title;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry
out the Agreement in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Agreement and this title.
SEC. 202. DEFINITIONS.
In this title:
(1) Adjudication.--The term ``Adjudication'' means the
adjudication of water rights pending before the United States
District Court for the District of New Mexico: United States of
America, on its own behalf, and on behalf of the Pueblos of
Jemez, Santa Ana, and Zia, State of New Mexico, ex rel. State
Engineer, Plaintiffs, and Pueblos of Jemez, Santa Ana, and Zia,
Plaintiffs-in-Intervention v. Tom Abousleman, et al.,
Defendants, Civil No. 83-cv-01041 (KR).
(2) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Pueblos of Jemez and
Zia Water Rights Settlement Agreement'' and dated May
11, 2022, and the appendices and exhibits attached
thereto; and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an appendix
or exhibit) that is executed to ensure that the
Agreement is consistent with this title.
(3) Enforceability date.--The term ``Enforceability Date''
means the date described in section 207.
(4) Jemez river stream system.--The term ``Jemez River
Stream System'' means the geographic extent of the area
involved in the Adjudication.
(5) Partial final judgment and decree.--The term ``Partial
Final Judgment and Decree'' means a final or interlocutory
partial final judgment and decree entered by the United States
District Court for the District of New Mexico with respect to
the water rights of the Pueblos--
(A) that is substantially in the form described in
the Agreement, as amended to ensure consistency with
this title; and
(B) from which no further appeal may be taken.
(6) Pueblo.--The term ``Pueblo'' means either of--
(A) the Pueblo of Jemez; or
(B) the Pueblo of Zia.
(7) Pueblo land.--The term ``Pueblo Land'' means any real
property that is--
(A) held by the United States in trust for a Pueblo
within the Jemez River Stream System;
(B) owned by a Pueblo within the Jemez River Stream
System before the date on which a court approves the
Agreement; or
(C) acquired by a Pueblo on or after the date on
which a court approves the Agreement if the real
property--
(i) is located within the exterior
boundaries of the Pueblo, as recognized and
confirmed by a patent issued under the Act of
December 22, 1858 (11 Stat. 374, chapter V);
(ii) is located within the exterior
boundaries of any territory set aside for a
Pueblo by law, executive order, or court
decree;
(iii) is owned by a Pueblo or held by the
United States in trust for the benefit of a
Pueblo outside the Jemez River Stream System
that is located within the exterior boundaries
of the Pueblo, as recognized and confirmed by a
patent issued under the Act of December 22,
1858 (11 Stat. 374, chapter V); or
(iv) is located within the exterior
boundaries of any real property located outside
the Jemez River Stream System set aside for a
Pueblo by law, executive order, or court decree
if the land is within or contiguous to land
held by the United States in trust for the
Pueblo as of June 1, 2022.
(8) Pueblo trust fund.--The term ``Pueblo Trust Fund''
means--
(A) the Pueblo of Jemez Settlement Trust Fund
established under section 205(a); and
(B) the Pueblo of Zia Settlement Trust Fund
established under that section.
(9) Pueblo water rights.--The term ``Pueblo Water Rights''
means the respective water rights of the Pueblos--
(A) as identified in the Agreement and section 204;
and
(B) as confirmed in the Partial Final Judgment and
Decree.
(10) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Jemez; and
(B) the Pueblo of Zia.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--The term ``State'' means the State of New
Mexico and all officers, agents, departments, and political
subdivisions of the State of New Mexico.
SEC. 203. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title and to
the extent that the Agreement does not conflict with this
title, the Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement, or to
any appendix or exhibit attached to the Agreement requiring the
signature of the Secretary, is executed in accordance with this
title to make the Agreement consistent with this title, the
amendment is authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this title, the Secretary shall execute the
Agreement, including all appendices or exhibits to, or parts
of, the Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary, after execution of the Agreement, from approving any
modification to the Agreement, including an appendix or exhibit
to the Agreement, that is consistent with this title, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
title, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and
this title, the Pueblos shall prepare any necessary
environmental documents, consistent with--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation required under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Pueblo Trust Funds, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall remain
the responsibility of the Secretary.
SEC. 204. PUEBLO WATER RIGHTS.
(a) Trust Status of the Pueblo Water Rights.--The Pueblo Water
Rights shall be held in trust by the United States on behalf of the
Pueblos in accordance with the Agreement and this title.
(b) Forfeiture and Abandonment.--
(1) In general.--The Pueblo Water Rights shall not be
subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State-law based water rights.--State-law based water
rights acquired by a Pueblo, or by the United States on behalf
of a Pueblo, after the date for inclusion in the Partial Final
Judgment and Decree, shall not be subject to forfeiture,
abandonment, or permanent alienation from the time they are
acquired.
(c) Use.--Any use of the Pueblo Water Rights shall be subject to
the terms and conditions of the Agreement and this title.
(d) Authority of the Pueblos.--
(1) In general.--The Pueblos shall have the authority to
allocate, distribute, and lease the Pueblo Water Rights for use
on Pueblo Land in accordance with the Agreement, this title,
and applicable Federal law.
(2) Use off pueblo land.--The Pueblos may allocate,
distribute, and lease the Pueblo Water Rights for use off
Pueblo Land in accordance with the Agreement, this title, and
applicable Federal law, subject to the approval of the
Secretary.
(e) Administration.--
(1) No alienation.--The Pueblos shall not permanently
alienate any portion of the Pueblo Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action required by Federal
law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Pueblo Water Rights by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Pueblo Water Rights.
SEC. 205. SETTLEMENT TRUST FUNDS.
(a) Establishment.--The Secretary shall establish 2 trust funds, to
be known as the ``Pueblo of Jemez Settlement Trust Fund'' and the
``Pueblo of Zia Settlement Trust Fund'', to be managed, invested, and
distributed by the Secretary and to remain available until expended,
withdrawn, or reverted to the general fund of the Treasury, consisting
of the amounts deposited in the Pueblo Trust Funds under subsection
(b), together with any investment earnings, including interest, earned
on those amounts for the purpose of carrying out this title.
(b) Deposits.--The Secretary shall deposit in each Pueblo Trust
Fund the amounts made available pursuant to section 206(a).
(c) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Pueblo Trust Funds under subsection (b), the Secretary shall
manage, invest, and distribute all amounts in the Pueblo Trust
Funds in a manner that is consistent with the investment
authority of the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to each Pueblo Trust Fund under subsection (b), any investment
earnings, including interest, earned on those amounts held in
each Pueblo Trust Fund are authorized to be used in accordance
with subsections (e) and (g).
(d) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
each Pueblo Trust Fund, including any investment earnings,
including interest, earned on those amounts, shall be made
available to each Pueblo by the Secretary beginning on the
Enforceability Date, subject to the requirements of this
section, except for funds to be made available to the Pueblos
pursuant to paragraph (2).
(2) Use of funds.--Notwithstanding paragraph (1),
$25,000,000 of the amounts deposited in each Pueblo Trust Fund
shall be available to the appropriate Pueblo for--
(A) developing economic water development plans;
(B) preparing environmental compliance documents;
(C) preparing water project engineering designs;
(D) establishing and operating a water resource
department;
(E) installing supplemental irrigation groundwater
wells; and
(F) developing water measurement and reporting
water use plans.
(e) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--Each Pueblo may withdraw any
portion of the amounts in the Pueblo Trust Fund on
approval by the Secretary of a Tribal management plan
submitted by the Pueblo in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the appropriate Pueblo shall spend all amounts
withdrawn from each Pueblo Trust Fund, and any
investment earnings (including interest) earned on
those amounts through the investments under the Tribal
management plan, in accordance with this title.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the Tribal
management plan under this paragraph to ensure that
amounts withdrawn by each Pueblo from the Pueblo Trust
Fund of the Pueblo under subparagraph (A) are used in
accordance with this title.
(2) Withdrawals under expenditure plan.--
(A) In general.--Each Pueblo may submit to the
Secretary a request to withdraw funds from the Pueblo
Trust Fund of the Pueblo pursuant to an approved
expenditure plan.
(B) Requirements.--To be eligible to withdraw
amounts under an expenditure plan under subparagraph
(A), each Pueblo shall submit to the Secretary an
expenditure plan for any portion of the Pueblo Trust
Fund that the Pueblo elects to withdraw pursuant to
that subparagraph, subject to the condition that the
amounts shall be used for the purposes described in
this title.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the Pueblo Trust Fund will be used by the Pueblo,
in accordance with this subsection and subsection (g).
(D) Approval.--The Secretary shall approve an
expenditure plan submitted under subparagraph (A) if
the Secretary determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this title.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan to ensure that amounts disbursed under this
paragraph are used in accordance with this title.
(f) Effect of Section.--Nothing in this section gives the Pueblos
the right to judicial review of a determination of the Secretary
relating to whether to approve a Tribal management plan under paragraph
(1) of subsection (e) or an expenditure plan under paragraph (2) of
that subsection except under subchapter II of chapter 5, and chapter 7,
of title 5, United States Code (commonly known as the ``Administrative
Procedure Act'').
(g) Uses.--Amounts from a Pueblo Trust Fund may only be used by the
appropriate Pueblo for the following purposes:
(1) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment, or
delivery infrastructure, including for domestic and municipal
use, on-farm improvements, or wastewater infrastructure.
(2) Watershed protection and enhancement, support of
agriculture, water-related Pueblo community welfare and
economic development, and costs related to implementation of
the Agreement.
(3) Planning, permitting, designing, engineering,
construction, reconstructing, replacing, rehabilitating,
operating, or repairing water production of delivery
infrastructure of the Augmentation Project, as set forth in the
Agreement.
(4) Ensuring environmental compliance in the development
and construction of projects under this title.
(5) The management and administration of the Pueblo Water
Rights.
(h) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from a Pueblo Trust Fund by a Pueblo under paragraph (1) or
(2) of subsection (e).
(i) Expenditure Reports.--Each Pueblo shall annually submit to the
Secretary an expenditure report describing accomplishments and amounts
spent from use of withdrawals under a Tribal management plan or an
expenditure plan under paragraph (1) or (2) of subsection (e), as
applicable.
(j) No Per Capita Distributions.--No portion of a Pueblo Trust Fund
shall be distributed on a per capita basis to any member of a Pueblo.
(k) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from a Pueblo Trust Fund shall
remain in the appropriate Pueblo.
(l) Operation, Maintenance, and Replacement.--All operation,
maintenance, and replacement costs of any project constructed using
funds from a Pueblo Trust Fund shall be the responsibility of the
appropriate Pueblo.
SEC. 206. FUNDING.
(a) Mandatory Appropriation.--Out of any money in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary--
(1) for deposit in the Pueblo of Jemez Settlement Trust
Fund established under section 205(a) $290,000,000, to remain
available until expended, withdrawn, or reverted to the general
fund of the Treasury; and
(2) for deposit in the Pueblo of Zia Settlement Trust Fund
established under that section $200,000,000, to remain
available until expended, withdrawn, or reverted to the general
fund of the Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amount appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary fluctuations
in costs, as indicated by the Bureau of Reclamation
Construction Cost Index-Composite Trend.
(2) Construction costs adjustment.--The amount appropriated
under subsection (a) shall be adjusted to address construction
cost changes necessary to account for unforeseen market
volatility that may not otherwise be captured by engineering
cost indices, as determined by the Secretary, including
repricing applicable to the types of construction and current
industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has been
appropriated.
(4) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall start
on October 1, 2021, and end on the date on which the funds are
deposited in the applicable Pueblo Trust Fund.
(c) State Cost Share.--The State shall contribute--
(1) $3,400,000, as adjusted for inflation pursuant to the
Agreement, to the San Ysidro Community Ditch Association for
capital and operating expenses of the mutual benefit
Augmentation Project;
(2) $16,159,000, as adjusted for inflation pursuant to the
Agreement, for Jemez River Basin Water Users Coalition acequia
ditch improvements; and
(3) $500,000, as adjusted for inflation, to mitigate
impairment to non-Pueblo domestic and livestock groundwater
rights as a result of new Pueblo water use.
SEC. 207. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the Secretary
publishes in the Federal Register a statement of findings that--
(1) to the extent that the Agreement conflicts with this
title, the Agreement has been amended to conform with this
title;
(2) the Agreement, as amended, has been executed by all
parties to the Agreement, including the United States;
(3) the United States District Court for the District of
New Mexico has approved the Agreement and has entered a Partial
Final Judgment and Decree;
(4) all of the amounts appropriated under section 206 have
been appropriated and deposited in the designated accounts of
the applicable Pueblo Trust Fund;
(5) the State has--
(A) provided the funding under section 206(c)(2)
into appropriate funding accounts;
(B) provided the funding under section 206(c)(1) or
entered into a funding agreement with the intended
beneficiaries for that funding; and
(C) enacted legislation to amend State law to
provide that a Pueblo Water Right may be leased for a
term of not to exceed 99 years, including renewals;
(6) the waivers and releases under section subsections (a)
and (b) of section 208 have been executed by the Pueblos and
the Secretary; and
(7) the waivers and releases under section 208 have been
executed by the Pueblos and the Secretary.
SEC. 208. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Pueblos and United States as
Trustee for Pueblos.--Subject to the reservation of rights and
retention of claims under subsection (d), as consideration for
recognition of the Pueblo Water Rights and other benefits described in
the Agreement and this title, the Pueblos and the United States, acting
as trustee for the Pueblos, shall execute a waiver and release of all
claims for--
(1) water rights within the Jemez River Stream System that
the Pueblos, or the United States acting as trustee for the
Pueblos, asserted or could have asserted in any proceeding,
including the Adjudication, on or before the Enforceability
Date, except to the extent that such a right is recognized in
the Agreement and this title; and
(2) 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, diversion, or taking
of water rights) in the Jemez River 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.
(b) Waivers and Releases of Claims by Pueblos Against United
States.--Subject to the reservation of rights and retention of claims
under subsection (d), each Pueblo shall execute a waiver and release of
all claims against the United States (including any agency or employee
of the United States) for water rights within the Jemez River Stream
System first arising before the Enforceability Date relating to--
(1) water rights within the Jemez River Stream System that
the United States, acting as trustee for the Pueblos, asserted
or could have asserted in any proceeding, including the
Adjudication, except to the extent that such rights are
recognized as part of the Pueblo Water Rights under this title;
(2) foregone benefits from non-Pueblo use of water, on and
off Pueblo Land (including water from all sources and for all
uses), within the Jemez River Stream System;
(3) 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 Jemez River Stream System;
(4) a failure to establish or provide a municipal, rural,
or industrial water delivery system on Pueblo Land within the
Jemez River Stream System;
(5) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on Pueblo Land or Federal
land (including damages, losses, or injuries to fish habitat,
wildlife, and wildlife habitat) within the Jemez River Stream
System;
(6) a failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Jemez River Stream System;
(7) a failure to provide a dam safety improvement to a dam
on Pueblo Land within the Jemez River Stream System;
(8) the litigation of claims relating to any water right of
a Pueblo within the Jemez River Stream System; and
(9) the negotiation, execution, or adoption of the
Agreement (including exhibits or appendices) and this title.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsections (a) and (b), the Pueblos and
the United States, acting as trustee for the Pueblos, shall retain all
claims relating to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to, water rights recognized under
the Agreement, this title, or the Partial Final Judgement and
Decree entered into in the Adjudication;
(2) activities affecting the quality of water, including
claims under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.), including claims for damages to natural
resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act''); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) the right to use and protect water rights acquired
after the date of enactment of this Act;
(4) 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;
(5) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
title or the Agreement; and
(6) loss of water or water rights in locations outside of
the Jemez River Stream System.
(e) Effect of Agreement and Title.--Nothing in the Agreement or
this title--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity;
(2) affects the ability of the United States, as sovereign,
to carry out any activity authorized by law, including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'');
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.); and
(E) any regulations implementing the Acts described
in subparagraphs (A) though (D);
(3) affects the ability of the United States to act as
trustee for the Pueblos (consistent with this title), any other
pueblo or Indian Tribe, or an allottee of any Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law regarding health,
safety, or the environment;
(C) to conduct judicial review of any Federal
agency action; or
(D) to interpret Pueblo or Tribal law; or
(5) waives any claim of a member of a Pueblo in an
individual capacity that does not derive from a right of the
Pueblos.
(f) Tolling of Claims.--
(1) In general.--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.
(2) Effect of subsection.--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.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based equitable
defense under any other applicable law.
(g) Expiration.--
(1) In general.--This title shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 207 by not later than--
(A) July 1, 2030; or
(B) such alternative later date as is agreed to by
the Pueblos and the Secretary, after providing
reasonable notice to the State.
(2) Consequences.--If this title expires under paragraph
(1)--
(A) the waivers and releases under subsections (a)
and (b) shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the Agreement under section 203 shall
no longer be effective;
(C) any action carried out by the Secretary, and
any contract or agreement entered into, pursuant to
this title shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized
by this title, 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 title shall be returned to the Federal Government,
unless otherwise agreed to by the Pueblos and the
United States and approved by Congress; and
(E) 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 title that were expended or
withdrawn, or any funds made available to carry out
this title from other Federal authorized sources,
together with any interest accrued on those funds,
against any claims against the United States--
(i) relating to--
(I) water rights in the State
asserted by--
(aa) the Pueblos; or
(bb) any user of the Pueblo
Water Rights; or
(II) any other matter covered by
subsection (b); or
(ii) in any future settlement of water
rights of the Pueblos.
SEC. 209. SATISFACTION OF CLAIMS.
The benefits provided under this title shall be in complete
replacement of, complete substitution for, and full satisfaction of any
claim of the Pueblos against the United States that are waived and
released by the Pueblos pursuant to section 208(b).
SEC. 210. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--Nothing
in this title waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this title
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian Tribe, band, or community
other than the Pueblos.
(c) Effect on Current Law.--Nothing in this title affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
(d) Conflict.--In the event of a conflict between the Agreement and
this title, this title shall control.
SEC. 211. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this title, including any
obligation or activity under the Agreement, if adequate appropriations
are not provided expressly by Congress to carry out the purposes of
this title.
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