[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6768 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6768

    To authorize the Secretary of the Interior, acting through the 
Commissioner of Reclamation, to develop water infrastructure in the Rio 
Grande Basin, and to approve the settlement of the water rights claims 
  of the Pueblos of Nambe, Pojoaque, San Ildefonso, Tesuque, and Taos.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2008

   Mr. Udall of New Mexico introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of the Interior, acting through the 
Commissioner of Reclamation, to develop water infrastructure in the Rio 
Grande Basin, and to approve the settlement of the water rights claims 
  of the Pueblos of Nambe, Pojoaque, San Ildefonso, Tesuque, and Taos.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Table of contents.
               TITLE I--AAMODT LITIGATION SETTLEMENT ACT

Sec. 101. Short title.
Sec. 102. Definitions.
            Subtitle A--Pojoaque Basin Regional Water System

Sec. 111. Authorization of Regional Water System.
Sec. 112. Operating Agreement.
Sec. 113. Acquisition of Pueblo water supply for the Regional Water 
                            System.
Sec. 114. Delivery and allocation of Regional Water System capacity and 
                            water.
Sec. 115. Aamodt Settlement Pueblos' Fund.
Sec. 116. Environmental compliance.
Sec. 117. Authorization of appropriations.
       Subtitle B--Pojoaque Basin Indian Water Rights Settlement

Sec. 121. Settlement Agreement and contract approval.
Sec. 122. Environmental compliance.
Sec. 123. Conditions precedent and enforcement date.
Sec. 124. Waivers and releases.
Sec. 125. Effect.
        TITLE II--TAOS PUEBLO INDIAN WATER RIGHTS SETTLEMENT ACT

Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Pueblo rights.
Sec. 205. Pueblo water infrastructure and watershed enhancement.
Sec. 206. Taos Pueblo Water Development Fund.
Sec. 207. Marketing.
Sec. 208. Mutual-benefit projects.
Sec. 209. San Juan-Chama Project contracts.
Sec. 210. Authorizations, ratifications, confirmations, and conditions 
                            precedent.
Sec. 211. Waivers and releases.
Sec. 212. Interpretation and enforcement.
Sec. 213. Disclaimer.

               TITLE I--AAMODT LITIGATION SETTLEMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Aamodt Litigation Settlement 
Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Acre-feet.--The term ``acre-feet'' means acre-feet of 
        water per year.
            (2) Aamodt case.--The term ``Aamodt Case'' means the civil 
        action entitled State of New Mexico, ex rel. State Engineer and 
        United States of America, Pueblo de Nambe, Pueblo de Pojoaque, 
        Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee 
        Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.).
            (3) Authority.--The term ``Authority'' means the Pojoaque 
        Basin Regional Water Authority described in section 9.5 of the 
        Settlement Agreement or an alternate entity acceptable to the 
        Pueblos and the County to operate and maintain the diversion 
        and treatment facilities, certain transmission pipelines, and 
        other facilities of the Regional Water System.
            (4) Bishop's lodge extension.--The term ``Bishop's Lodge 
        Extension'' has the meaning given the term in the Engineering 
        Report.
            (5) City.--The term ``City'' means the city of Santa Fe, 
        New Mexico.
            (6) Cost-sharing and system integration agreement.--The 
        term ``Cost-Sharing and System Integration Agreement'' means 
        the agreement executed by the United States, the State, the 
        Pueblos, the County, and the City that--
                    (A) describes the location, capacity, and 
                management (including the distribution of water to 
                customers) of the Regional Water System; and
                    (B) allocates the costs of the Regional Water 
                System with respect to--
                            (i) the construction, operation, 
                        maintenance, and repair of the Regional Water 
                        System;
                            (ii) rights-of-way for the Regional Water 
                        System; and
                            (iii) the acquisition of water rights.
            (7) County.--The term ``County'' means Santa Fe County, New 
        Mexico.
            (8) County distribution system.--The term ``County 
        Distribution System'' means the portion of the Regional Water 
        System that serves water customers on non-Pueblo land in the 
        Pojoaque Basin.
            (9) County water utility.--The term ``County Water 
        Utility'' means the water utility organized by the County to--
                    (A) receive water distributed by the Authority; and
                    (B) provide the water received under subparagraph 
                (A) to customers on non-Pueblo land in the Pojoaque 
                Basin.
            (10) Engineering report.--The term ``Engineering Report'' 
        means the report entitled ``Pojoaque Regional Water System 
        Engineering Report'' and dated April 2007 and any amendments 
        thereto.
            (11) Fund.--The term ``Fund'' means the Aamodt Settlement 
        Pueblos' Fund established by section 115(a).
            (12) Operating agreement.--The term ``Operating Agreement'' 
        means the agreement between the Pueblos and the County executed 
        under section 112(a).
            (13) Operations, maintenance, and replacement costs.--
                    (A) In general.--The term ``operations, 
                maintenance, and replacement costs'' means all costs 
                for the operation of the Regional Water System that are 
                necessary for the safe, efficient, and continued 
                functioning of the Regional Water System to produce the 
                benefits described in the Settlement Agreement.
                    (B) Exclusion.--The term ``operations, maintenance, 
                and replacement costs'' does not include construction 
                costs or costs related to construction design and 
                planning.
            (14) Pojoaque basin.--
                    (A) In general.--The term ``Pojoaque Basin'' means 
                the geographic area limited by a surface water divide 
                (which can be drawn on a topographic map), within which 
                area rainfall and runoff flow into arroyos, drainages, 
                and named tributaries that eventually drain to--
                            (i) the Rio Pojoaque; or
                            (ii) the 2 unnamed arroyos immediately 
                        south; and
                            (iii) 2 arroyos (including the Arroyo 
                        Alamo) that are north of the confluence of the 
                        Rio Pojoaque and the Rio Grande.
                    (B) Inclusion.--The term ``Pojoaque Basin'' 
                includes the San Ildefonso Eastern Reservation 
                recognized by section 8 of Public Law 87-231 (75 Stat. 
                505).
            (15) Pueblo.--The term ``Pueblo'' means each of the pueblos 
        of Nambe, Pojoaque, San Ildefonso, or Tesuque.
            (16) Pueblos.--The term ``Pueblos'' means collectively the 
        Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.
            (17) 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 Pojoaque Basin;
                    (B)(i) owned by a Pueblo within the Pojoaque Basin 
                before the date on which a court approves the 
                Settlement Agreement; or
                    (ii) acquired by a Pueblo on or after the date on 
                which a court approves the Settlement Agreement, if the 
                real property is located--
                            (I) within the exterior boundaries of the 
                        Pueblo, as recognized and conformed by a patent 
                        issued under the Act of December 22, 1858 (11 
                        Stat. 374, chapter V); or
                            (II) within the exterior boundaries of any 
                        territory set aside for the Pueblo by law, 
                        executive order, or court decree;
                    (C) owned by a Pueblo or held by the United States 
                in trust for the benefit of a Pueblo outside the 
                Pojoaque Basin 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
                    (D) within the exterior boundaries of any real 
                property located outside the Pojoaque Basin 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 January 1, 
                2005.
            (18) Pueblo water facility.--
                    (A) In general.--The term ``Pueblo Water Facility'' 
                means--
                            (i) a portion of the Regional Water System 
                        that serves only water customers on Pueblo 
                        land; and
                            (ii) portions of a Pueblo water system in 
                        existence on the date of enactment of this Act 
                        that serve water customers on non-Pueblo land, 
                        also in existence on the date of enactment of 
                        this Act, or their successors, that are--
                                    (I) depicted in the final project 
                                design, as modified by the drawings 
                                reflecting the completed Regional Water 
                                System; and
                                    (II) described in the Operating 
                                Agreement.
                    (B) Inclusions.--The term ``Pueblo Water Facility'' 
                includes--
                            (i) the barrier dam and infiltration 
                        project on the Rio Pojoaque described in the 
                        Engineering Report; and
                            (ii) the Tesuque Pueblo infiltration pond 
                        described in the Engineering Report.
            (19) Regional water system.--
                    (A) In general.--The term ``Regional Water System'' 
                means the Regional Water System described in section 
                111(a).
                    (B) Exclusions.--The term ``Regional Water System'' 
                does not include the County or Pueblo water supply 
                delivered through the Regional Water System.
            (20) San juan-chama project.--The term ``San Juan-Chama 
        Project'' means the Project authorized by section 8 of the Act 
        of June 13, 1962 (76 Stat. 96, 97) and the Act of April 11, 
        1956 (70 Stat. 105).
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (22) Settlement agreement.--The term ``Settlement 
        Agreement'' means the stipulated and binding agreement among 
        the State, the Pueblos, the United States, the County, and the 
        City dated January 19, 2006, and signed by all of the 
        government parties to the Settlement Agreement (other than the 
        United States) on May 3, 2006 and as amended in conformity with 
        this Act.
            (23) State.--The term ``State'' means the State of New 
        Mexico.

            Subtitle A--Pojoaque Basin Regional Water System

SEC. 111. AUTHORIZATION OF REGIONAL WATER SYSTEM.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall plan, design, and construct a regional water system 
in accordance with the Settlement Agreement, to be known as the 
``Regional Water System''--
            (1) to divert and distribute water to the Pueblos and to 
        the County Water Utility, in accordance with the Engineering 
        Report; and
            (2) that consists of--
                    (A) surface water diversion facilities at San 
                Ildefonso Pueblo on the Rio Grande; and
                    (B) any treatment, transmission, storage and 
                distribution facilities and wellfields for the County 
                Distribution System and Pueblo Water Facilities that 
                are necessary to supply a minimum of 4,000 acre-feet of 
                water within the Pojoaque Basin, in accordance with the 
                Engineering Report.
    (b) Final Project Design.--The Secretary shall issue a final 
project design within 90 days of completion of the environmental 
compliance described in section 116 for the Regional Water System 
that--
            (1) is consistent with the Engineering Report; and
            (2) includes a description of any Pueblo Water Facilities.
    (c) Acquisition of Land; Water Rights.--
            (1) Acquisition of land.--Upon request, and in exchange for 
        the funding which shall be provided in section 117(c), the 
        Pueblos shall consent to the grant of such easements and 
        rights-of-way as may be necessary for the construction of the 
        Regional Water System at no cost to the Secretary. To the 
        extent that the State or County own easements or rights-of-way 
        that may be used for construction of the Regional Water System, 
        the State or County shall provide that land or interest in land 
        as necessary for construction at no cost to the Secretary. The 
        Secretary shall acquire any other land or interest in land that 
        is necessary for the construction of the Regional Water System 
        with the exception of the Bishop's Lodge Extension.
            (2) Water rights.--The Secretary shall not condemn water 
        rights for purposes of the Regional Water System.
    (d) Conditions for Construction.--
            (1) In general.--The Secretary shall not begin construction 
        of the Regional Water System facilities until the date on 
        which--
                    (A) the Secretary executes--
                            (i) the Settlement Agreement; and
                            (ii) the Cost-Sharing and System 
                        Integration Agreement; and
                    (B) the State and the County have entered into an 
                agreement with the Secretary to contribute the non-
                Federal share of the costs of the construction in 
                accordance with the Cost-Sharing and System Integration 
                Agreement.
    (e) Applicable Law.--The Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the design 
and construction of the Regional Water System.
    (f) Construction Costs.--
            (1) Pueblo water facilities.--The costs of constructing the 
        Pueblo Water Facilities, as determined by the final project 
        design and the Engineering Report--
                    (A) shall be at full Federal expense subject to the 
                amount authorized in section 117(a)(1); and
                    (B) shall be nonreimbursable to the United States.
            (2) County distribution system.--The costs of constructing 
        the County Distribution System shall be at State and local 
        expense.
    (g) State and Local Capital Obligations.--The State and local 
capital obligations for the Regional Water System described in the 
Cost-Sharing and System Integration Agreement shall be satisfied on the 
payment of the State and local capital obligations described in the 
Cost-Sharing and System Integration Agreement.
    (h) Conveyance of Regional Water System Facilities.--
            (1) In general.--Subject to paragraph (2), on completion of 
        the construction of the Regional Water System (other than the 
        Bishop's Lodge Extension if construction of the Bishop's Lodge 
        Extension is deferred pursuant to the Cost-Sharing and System 
        Integration Agreement), the Secretary, in accordance with the 
        Operating Agreement, shall convey to--
                    (A) each Pueblo the portion of any Pueblo Water 
                Facility that is located within the boundaries of the 
                Pueblo, including any land or interest in land located 
                within the boundaries of the Pueblo that is acquired by 
                the United States for the construction of the Pueblo 
                Water Facility;
                    (B) the County the County Distribution System, 
                including any land or interest in land acquired by the 
                United States for the construction of the County 
                Distribution System; and
                    (C) the Authority any portions of the Regional 
                Water System that remain after making the conveyances 
                under subparagraphs (A) and (B), including any land or 
                interest in land acquired by the United States for the 
                construction of the portions of the Regional Water 
                System.
            (2) Conditions for conveyance.--The Secretary shall not 
        convey any portion of the Regional Water System facilities 
        under paragraph (1) until the date on which--
                    (A) construction of the Regional Water System 
                (other than the Bishop's Lodge Extension if 
                construction of the Bishop's Lodge Extension is 
                deferred pursuant to the Cost-Sharing and System 
                Integration Agreement) is complete; and
                    (B) the Operating Agreement is executed in 
                accordance with section 112.
            (3) Subsequent conveyance.--On conveyance by the Secretary 
        under paragraph (1), the Pueblos, the County, and the Authority 
        shall not reconvey any portion of the Regional Water System 
        conveyed to the Pueblos, the County, and the Authority, 
        respectively, unless the reconveyance is authorized by an Act 
        of Congress enacted after the date of enactment of this Act.
            (4) Interest of the united states.--On conveyance of a 
        portion of the Regional Water System under paragraph (1), the 
        United States shall have no further right, title, or interest 
        in and to the portion of the Regional Water System conveyed.
            (5) Additional construction.--On conveyance of a portion of 
        the Regional Water System under paragraph (1), the Pueblos, 
        County, or the Authority, as applicable, may, at the expense of 
        the Pueblos, County, or the Authority, construct any additional 
        infrastructure that is necessary to fully use the water 
        delivered by the Regional Water System.
            (6) Liability.--
                    (A) In general.--Effective on the date of 
                conveyance of any land or facility under this section, 
                the United States shall not be held liable by any court 
                for damages of any kind arising out of any act, 
                omission, or occurrence relating to the land and 
                facilities conveyed, other than damages caused by acts 
                of negligence by the United States, or by employees or 
                agents of the United States, prior to the date of 
                conveyance.
                    (B) Tort claims.--Nothing in this section increases 
                the liability of the United States beyond the liability 
                provided in chapter 171 of title 28, United States Code 
                (commonly known as the ``Federal Tort Claims Act'').
            (7) Effect.--Nothing in any transfer of ownership provided 
        or any conveyance thereto as provided in this section shall 
        extinguish the right of any Pueblo, the County, or the Regional 
        Water Authority to the continuous use and benefit of each 
        easement or right of way for the use, operation, maintenance, 
        repair, and replacement of Pueblo Water Facilities, the County 
        Distribution System or the Regional Water System or for 
        wastewater purposes as provided in the Cost-Sharing and System 
        Integration Agreement.

SEC. 112. OPERATING AGREEMENT.

    (a) In General.--The Pueblos and the County shall submit to the 
Secretary an executed Operating Agreement for the Regional Water System 
that is consistent with this Act, the Settlement Agreement, and the 
Cost-Sharing and System Integration Agreement not later than 180 days 
after the later of--
            (1) the date of completion of environmental compliance and 
        permitting; or
            (2) the date of issuance of a final project design for the 
        Regional Water System under section 111(b).
    (b) Approval.--Not later than 180 days after receipt of the 
operating agreement described in subsection (a), the Secretary shall 
approve the Operating Agreement upon determination that the Operating 
Agreement is consistent with this Act, the Settlement Agreement, and 
the Cost-Sharing and System Integration Agreement.
    (c) Contents.--The Operating Agreement shall include--
            (1) provisions consistent with the Settlement Agreement and 
        the Cost-Sharing and System Integration Agreement and necessary 
        to implement the intended benefits of the Regional Water System 
        described in those documents;
            (2) provisions for--
                    (A) the distribution of water conveyed through the 
                Regional Water System, including a delineation of--
                            (i) distribution lines for the County 
                        Distribution System;
                            (ii) distribution lines for the Pueblo 
                        Water Facilities; and
                            (iii) distribution lines that serve both--
                                    (I) the County Distribution System; 
                                and
                                    (II) the Pueblo Water Facilities;
                    (B) the allocation of the Regional Water System 
                capacity;
                    (C) the terms of use of unused water capacity in 
                the Regional Water System;
                    (D) the construction of additional infrastructure 
                and the acquisition of associated rights-of-way or 
                easements necessary to enable any of the Pueblos or the 
                County to fully use water allocated to the Pueblos or 
                the County from the Regional Water System, including 
                provisions addressing when the construction of such 
                additional infrastructure requires approval by the 
                Authority;
                    (E) the allocation and payment of annual operation, 
                maintenance, and replacement costs for the Regional 
                Water System, including the portions of the Regional 
                Water System that are used to treat, transmit, and 
                distribute water to both the Pueblo Water Facilities 
                and the County Water Utility;
                    (F) the operation of wellfields located on Pueblo 
                land;
                    (G) the transfer of any water rights necessary to 
                provide the Pueblo water supply described in section 
                113(a);
                    (H) the operation of the Regional Water System with 
                respect to the water supply, including the allocation 
                of the water supply in accordance with section 
                3.1.8.4.2 of the Settlement Agreement so that, in the 
                event of a shortage of supply to the Regional Water 
                System, the supply to each of the Pueblos' and to the 
                County's distribution system shall be reduced on a 
                prorata basis, in proportion to each distribution 
                system's most current annual use; and
                    (I) dispute resolution; and
            (3) provisions for operating and maintaining the Regional 
        Water System facilities before and after conveyance under 
        section 111(h), including provisions to--
                    (A) ensure that--
                            (i) the operation of, and the diversion and 
                        conveyance of water by, the Regional Water 
                        System is in accordance with the Settlement 
                        Agreement;
                            (ii) the wells in the Regional Water System 
                        are used in conjunction with the surface water 
                        supply of the Regional Water System to ensure a 
                        reliable firm supply of water to all users of 
                        the Regional Water System, consistent with the 
                        intent of the Settlement Agreement that surface 
                        supplies will be used to the maximum extent 
                        feasible;
                            (iii) the respective obligations regarding 
                        delivery, payment, operation, and management 
                        are enforceable; and
                            (iv) the County has the right to serve any 
                        new water users located on non-Pueblo land in 
                        the Pojoaque Basin; and
                    (B) allow for any aquifer storage and recovery 
                projects that are approved by the Office of the New 
                Mexico State Engineer.
    (d) Effect.--Nothing in this title precludes the Operating 
Agreement from authorizing phased or interim operations if the Regional 
Water System is constructed in phases.

SEC. 113. ACQUISITION OF PUEBLO WATER SUPPLY FOR THE REGIONAL WATER 
              SYSTEM.

    (a) In General.--For the purpose of providing a reliable firm 
supply of water from the Regional Water System for the Pueblos in 
accordance with the Settlement Agreement, the Secretary, on behalf of 
the Pueblos, shall--
            (1) acquire water rights to--
                    (A) 302 acre-feet of Nambe reserved water described 
                in section 2.6.2 of the Settlement Agreement pursuant 
                to section 117(c)(1)(C); and
                    (B) 1,141 acre-feet from water acquired by the 
                County for water rights commonly referred to as ``Top 
                of the World'' rights in the Aamodt case;
            (2) make available 1,079 acre-feet to the Pueblos pursuant 
        to a contract entered into among the Pueblos and the Secretary 
        in accordance with section 11 of the Act of June 13, 1962 (76 
        Stat. 96, 97) (San Juan-Chama Project Act) under water rights 
        held by the Secretary; and
            (3) by application to the State Engineer, obtain approval 
        to divert the water acquired and made available under 
        paragraphs (1) and (2) at the points of diversion for the 
        Regional Water System, consistent with the Settlement Agreement 
        and the Cost-Sharing and System Integration Agreement.
    (b) Forfeiture.--The nonuse of the water supply secured by the 
Secretary for the Pueblos under subsection (a) shall in no event result 
in forfeiture, abandonment, relinquishment, or other loss thereof.
    (c) Trust.--The Pueblo water supply secured under subsection (a) 
shall be held by the United States in trust for the Pueblos.
    (d) Contract for San Juan-Chama Project Water Supply.--With respect 
to the contract for the water supply required by subsection (a)(2), 
such San Juan-Chama Project contract shall be pursuant to the following 
terms:
            (1) Waivers.--Notwithstanding the provisions of the Act of 
        June 13, 1962 (76 Stat. 96, 97) or any other provision of law--
                    (A) the Secretary shall waive the entirety of the 
                Pueblos' share of the construction costs for the San 
                Juan-Chama Project, and pursuant to that waiver, the 
                Pueblos' share of all construction costs for the San 
                Juan-Chama Project, inclusive of both principal and 
                interest, due from 1972 to the execution of the 
                contract required by subsection (a)(2), shall be 
                nonreimbursable;
                    (B) the Secretary's waiver of each Pueblo's share 
                of the construction costs for the San Juan-Chama 
                Project will not result in an increase in the pro rata 
                shares of other San Juan-Chama Project water 
                contractors, but such costs shall be absorbed by the 
                United States Treasury or otherwise appropriated to the 
                Department of the Interior; and
                    (C) the costs associated with any water made 
                available from the San Juan-Chama Project which were 
                determined nonreimbursable and nonreturnable pursuant 
                to Public Law 88-293, 78 Stat. 171 (March 26, 1964) 
                shall remain nonreimbursable and nonreturnable.
            (2) Termination.--The contract shall provide that it shall 
        terminate only upon the following conditions--
                    (A) failure of the United States District Court for 
                the District of New Mexico to enter a final decree for 
                the Aamodt case by December 15, 2012 or within the time 
                period of any extension of that deadline granted by the 
                court; or
                    (B) entry of an order by the United States District 
                Court for the District of New Mexico voiding the final 
                decree and Settlement Agreement for the Aamodt case 
                pursuant to section 10.3 of the Settlement Agreement.
    (e) Limitation.--The Secretary shall use the water supply secured 
under subsection (a) only for the purposes described in the Settlement 
Agreement.
    (f) Fulfillment of Water Supply Acquisition Obligations.--
Compliance with subsections (a) through (e) shall satisfy any and all 
obligations of the Secretary to acquire or secure a water supply for 
the Pueblos pursuant to the Settlement Agreement.
    (g) Rights of Pueblos in Settlement Agreement Unaffected.--
Notwithstanding the provisions of subsections (a) through (f), the 
Pueblos, the County or the Regional Water Authority may acquire any 
additional water rights to ensure all parties to the Settlement 
Agreement receive the full allocation of water provided by the 
Settlement Agreement and nothing in this Act amends or modifies the 
quantities of water allocated to the Pueblos thereunder.

SEC. 114. DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM CAPACITY AND 
              WATER.

    (a) Allocation of Regional Water System Capacity.--
            (1) In general.--The Regional Water System shall have the 
        capacity to divert from the Rio Grande a quantity of water 
        sufficient to provide--
                    (A) 4,000 acre-feet of consumptive use of water; 
                and
                    (B) the requisite peaking capacity described in--
                            (i) the Engineering Report; and
                            (ii) the final project design.
            (2) Allocation to the pueblos and county water utility.--Of 
        the capacity described in paragraph (1)--
                    (A) there shall be allocated to the Pueblos--
                            (i) sufficient capacity for the conveyance 
                        of 2,500 acre-feet consumptive use; and
                            (ii) the requisite peaking capacity for the 
                        quantity of water described in clause (i); and
                    (B) there shall be allocated to the County Water 
                Utility--
                            (i) sufficient capacity for the conveyance 
                        of 1,500 acre-feet consumptive use; and
                            (ii) the requisite peaking capacity for the 
                        quantity of water described in clause (i).
            (3) Applicable law.--Water shall be allocated to the 
        Pueblos and the County Water Utility under this subsection in 
        accordance with--
                    (A) this title;
                    (B) the Settlement Agreement; and
                    (C) the Operating Agreement.
    (b) Delivery of Regional Water System Water.--The Authority shall 
deliver water from the Regional Water System--
            (1) to the Pueblos water in a quantity sufficient to allow 
        full consumptive use of up to 2,500 acre-feet rights by the 
        Pueblos in accordance with--
                    (A) the Settlement Agreement;
                    (B) the Operating Agreement; and
                    (C) this Title; and
            (2) to the County water in a quantity sufficient to allow 
        full consumptive use of up to 1,500 acre-feet per year of water 
        rights by the County Water Utility in accordance with--
                    (A) the Settlement Agreement;
                    (B) the Operating Agreement; and
                    (C) this title.
    (c) Additional Use of Allocation Quantity and Unused Capacity.--The 
Regional Water System may be used to--
            (1) provide for use of return flow credits to allow for 
        full consumptive use of the water allocated in the Settlement 
        Agreement to each of the Pueblos and to the County; and
            (2) convey water allocated to one of the Pueblos or the 
        County Water Utility for the benefit of another Pueblo or the 
        County Water Utility or allow use of unused capacity by each 
        other through the Regional Water System in accordance with an 
        intergovernmental agreement between the Pueblos, or between a 
        Pueblo and County Water Utility, as applicable, if--
                    (A) such intergovernmental agreements are 
                consistent with the Operating Agreement, the Settlement 
                Agreement and this Act;
                    (B) capacity is available without reducing water 
                delivery to any Pueblo or the County Water Utility in 
                accordance with the Settlement Agreement, unless the 
                County Water Utility or Pueblo contracts for a 
                reduction in water delivery or Regional Water System 
                capacity;
                    (C) the Pueblo or County Water Utility contracting 
                for use of the unused capacity or water has the right 
                to use the water under applicable law; and
                    (D) any agreement for the use of unused capacity or 
                water provides for payment of the operation, 
                maintenance, and replacement costs associated with the 
                use of capacity or water.

SEC. 115. AAMODT SETTLEMENT PUEBLOS' FUND.

    (a) Establishment of the Aamodt Settlement Pueblos' Fund.--There is 
established in the Treasury of the United States a fund, to be known as 
the ``Aamodt Settlement Pueblos' Fund,'' consisting of--
            (1) such amounts as are made available to the Fund under 
        section 117(c); and
            (2) any interest earned from investment of amounts in the 
        Fund under subsection (b).
    (b) Management of the Fund.--The Secretary shall manage the Fund, 
invest amounts in the Fund, and make amounts available from the Fund 
for distribution to the Pueblos in accordance with--
            (1) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.); and
            (2) this title.
    (c) Investment of the Fund.--The Secretary shall invest amounts in 
the Fund in accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161);
            (2) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a); and
            (3) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.).
    (d) Tribal Management Plan.--
            (1) In general.--A Pueblo may withdraw all or part of the 
        Pueblo's portion of the Fund on approval by the Secretary of a 
        tribal management plan as described in the American Indian 
        Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
        seq.).
            (2) 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 shall 
        require that a Pueblo spend any amounts withdrawn from the Fund 
        in accordance with the purposes described in section 117(c).
            (3) Enforcement.--The Secretary may take judicial or 
        administrative action to enforce the provisions of any tribal 
        management plan to ensure that any amounts withdrawn from the 
        Fund under an approved tribal management plan are used in 
        accordance with this title.
            (4) Liability.--If a Pueblo or the Pueblos exercise the 
        right to withdraw amounts from the Fund, neither the Secretary 
        nor the Secretary of the Treasury shall retain any liability 
        for the expenditure or investment of the amounts withdrawn.
            (5) Expenditure plan.--
                    (A) In general.--The Pueblos shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the amounts in the Fund that the Pueblos do 
                not withdraw under this subsection.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, amounts remaining in the Fund will be used.
                    (C) Approval.--On receipt of an expenditure plan 
                under subparagraph (A), the Secretary shall approve the 
                plan if the Secretary determines that the plan is 
                reasonable and consistent with this title, the 
                Settlement Agreement, and the Cost-Sharing and System 
                Integration Agreement.
                    (D) Annual report.--The Pueblos shall submit to the 
                Secretary an annual report that describes all 
                expenditures from the Fund during the year covered by 
                the report.
            (6) No per capita payments.--No part of the principal of 
        the Fund, or the interest or income accruing on the principal 
        shall be distributed to any member of a Pueblo on a per capita 
        basis.
            (7) Availability of amounts from the fund.--
                    (A) Approval of settlement agreement.--Amounts made 
                available under subparagraphs (A) and (C) of section 
                117(c)(1) shall be available for expenditure or 
                withdrawal only after the date on which the United 
                States District Court for the District of New Mexico 
                issues an order approving the Settlement Agreement.
                    (B) Completion of certain portions of regional 
                water system.--Amounts made available under section 
                117(c)(1)(B) shall be available for expenditure or 
                withdrawal only after those portions of the Regional 
                Water System described in section 1.5.24 of the 
                Settlement Agreement have been declared substantially 
                complete by the Secretary.
                    (C) Failure to fulfill conditions precedent.--If 
                the conditions precedent in section 123 have not been 
                fulfilled by June 30, 2016, the United States shall be 
                entitled to set off any funds expended or withdrawn 
                from the amounts appropriated pursuant to section 
                117(c), together with any interest accrued, against any 
                claims asserted by the Pueblos against the United 
                States relating to the water rights in the Pojoaque 
                Basin.

SEC. 116. ENVIRONMENTAL COMPLIANCE.

    (a) In General.--In carrying out this subtitle, the Secretary shall 
comply with each law of the Federal Government relating to the 
protection of the environment, including--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
    (b) National Environmental Policy Act.--Nothing in this title 
affects the outcome of any analysis conducted by the Secretary or any 
other Federal official under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 117. AUTHORIZATION OF APPROPRIATIONS.

    (a) Regional Water System.--
            (1) In general.--Subject to paragraph (4), there is 
        authorized to be appropriated to the Secretary for the 
        planning, design, and construction of the Regional Water System 
        and the conduct of environmental compliance activities under 
        section 116 a total of $106,400,000 between fiscal years 2009 
        and 2021.
            (2) Priority of funding.--Of the amounts authorized under 
        paragraph (1), the Secretary shall give priority to funding--
                    (A) the construction of the San Ildefonso portion 
                of the Regional Water System, consisting of--
                            (i) the surface water diversion, treatment, 
                        and transmission facilities at San Ildefonso 
                        Pueblo; and
                            (ii) the San Ildefonso Pueblo portion of 
                        the Pueblo Water Facilities; and
                    (B) that part of the Regional Water System 
                providing 475 acre-feet to Pojoaque Pueblo pursuant to 
                section 2.2 of the Settlement Agreement.
            (3) Adjustment.--The amount authorized under paragraph (1) 
        shall be adjusted annually to account for increases in 
        construction costs since October 1, 2006, as determined using 
        applicable engineering cost indices.
            (4) Limitations.--
                    (A) In general.--No amounts shall be made available 
                under paragraph (1) for the construction of the 
                Regional Water System until the date on which the 
                United States District Court for the District of New 
                Mexico issues an order approving the Settlement 
                Agreement.
                    (B) Record of decision.--No amounts made available 
                under paragraph (1) shall be expended unless the record 
                of decision issued by the Secretary after completion of 
                an environmental impact statement provides for a 
                preferred alternative that is in substantial compliance 
                with the proposed Regional Water System, as defined in 
                the Engineering Report.
    (b) Acquisition of Water Rights.--There is authorized to be 
appropriated to the Secretary funds for the acquisition of the water 
rights under section 113(a)(1)(B)--
            (1) in the amount of $5,400,000 if such acquisition is 
        completed by December 31, 2009; and
            (2) the amount authorized under paragraph (b)(1) shall be 
        adjusted according to the CPI Urban Index commencing January 1, 
        2010.
    (c) Aamodt Settlement Pueblos' Fund.--
            (1) In general.--There is authorized to be appropriated to 
        the Fund the following amounts for the period of fiscal years 
        2009 through 2021:
                    (A) $8,000,000, which shall be allocated to the 
                Pueblos, in accordance with section 2.7.1 of the 
                Settlement Agreement, for the rehabilitation, 
                improvement, operation, maintenance, and replacement of 
                the agricultural delivery facilities, waste water 
                systems, and other water-related infrastructure of the 
                applicable Pueblo. The amount authorized herein shall 
                be adjusted according to the CPI Urban Index commencing 
                October 1, 2006.
                    (B) $37,500,000, which shall be allocated to an 
                account, to be established not later than January 1, 
                2016, to assist the Pueblos in paying the Pueblos' 
                share of the cost of operating, maintaining, and 
                replacing the Pueblo Water Facilities and the Regional 
                Water System.
                    (C) $5,000,000 and any interest thereon, which 
                shall be allocated to the Pueblo of Nambe for the 
                acquisition of the Nambe reserved water rights in 
                accordance with section 113(a)(1)(A). The amount 
                authorized herein shall be adjusted according to the 
                CPI Urban Index commencing January 1, 2011. The funds 
                provided under this section may be used by the Pueblo 
                of Nambe only for the acquisition of land, other real 
                property interests, or economic development.
            (2) Operation, maintenance, and replacement costs.--
                    (A) In general.--Prior to conveyance of the 
                Regional Water System pursuant to section 111, the 
                Secretary shall pay any operation, maintenance or 
                replacement costs associated with the Pueblo Water 
                Facilities or the Regional Water System up to an amount 
                that does not exceed $5,000,000, which is authorized to 
                be appropriated to the Secretary.
                    (B) Obligation of the federal government after 
                completion.--Except as provided in section 
                113(a)(4)(B), after construction of the Regional Water 
                System is completed and the amounts required to be 
                deposited in the account have been deposited under this 
                section the Federal Government shall have no obligation 
                to pay for the operation, maintenance, and replacement 
                costs of the Regional Water System.

       Subtitle B--Pojoaque Basin Indian Water Rights Settlement

SEC. 121. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.

    (a) Approval.--To the extent the Settlement Agreement and the Cost-
Sharing and System Integration Agreement do not conflict with this 
title, the Settlement Agreement and the Cost-Sharing and System 
Integration Agreement (including any amendments to the Settlement 
Agreement and the Cost-Sharing and System Integration Agreement that 
are executed to make the Settlement Agreement or the Cost-Sharing and 
System Integration Agreement consistent with this title) are 
authorized, ratified, and confirmed.
    (b) Execution.--To the extent the Settlement Agreement and the 
Cost-Sharing and System Integration Agreement do not conflict with this 
title, the Secretary shall execute the Settlement Agreement and the 
Cost-Sharing and System Integration Agreement (including any amendments 
that are necessary to make the Settlement Agreement or the Cost-Sharing 
and System Integration Agreement consistent with this title).
    (c) Authorities of the Pueblos.--
            (1) In general.--Each of the Pueblos may enter into 
        contracts to lease or exchange water rights or to forbear 
        undertaking new or expanded water uses for water rights 
        recognized in section 2.1 of the Settlement Agreement for use 
        within the Pojoaque Basin in accordance with the other 
        limitations of section 2.1.5 of the Settlement Agreement 
        provided that section 2.1.5 is amended accordingly.
            (2) Execution.--The Secretary shall not execute the 
        Settlement Agreement until such amendment is accomplished under 
        paragraph (1).
            (3) Approval by secretary.--Consistent with the Settlement 
        Agreement as amended under paragraph (1), the Secretary shall 
        approve or disapprove a lease entered into under paragraph (1).
            (4) Prohibition on permanent alienation.--No lease or 
        contract under paragraph (1) shall be for a term exceeding 99 
        years, nor shall any such lease or contract provide for 
        permanent alienation of any portion of the water rights made 
        available to the Pueblos under the Settlement Agreement.
            (5) Applicable law.--Section 2116 of the Revised Statutes 
        (25 U.S.C. 177) shall not apply to any lease or contract 
        entered into under paragraph (1).
            (6) Leasing or marketing of water supply.--The water supply 
        provided on behalf of the Pueblos pursuant to section 113(a)(1) 
        may only be leased or marketed by any of the Pueblos pursuant 
        to the intergovernmental agreements described in section 
        114(c)(2).
    (d) Amendments to Contracts.--The Secretary shall amend the 
contracts relating to the Nambe Falls Dam and Reservoir that are 
necessary to use water supplied from the Nambe Falls Dam and Reservoir 
in accordance with the Settlement Agreement.

SEC. 122. ENVIRONMENTAL COMPLIANCE.

    (a) Effect of Execution of Settlement Agreement.--The execution of 
the Settlement Agreement under section 121(b) shall not constitute a 
major Federal action under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
    (b) Compliance With Environmental Laws.--In carrying out this 
subtitle, the Secretary shall comply with each law of the Federal 
Government relating to the protection of the environment, including--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).

SEC. 123. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

    (a) Conditions Precedent.--
            (1) In general.--Upon the fulfillment of the conditions 
        precedent described in paragraph (2), the Secretary shall 
        publish in the Federal Register a statement of finding that the 
        conditions have been fulfilled.
            (2) Requirements.--The conditions precedents referred to in 
        paragraph (1) are the conditions that--
                    (A) to the extent that the Settlement Agreement 
                conflicts with this title, the Settlement Agreement has 
                been revised to conform with this title;
                    (B) the Settlement Agreement, so revised, including 
                waivers and releases pursuant to section 124, has been 
                executed by the appropriate parties and the Secretary;
                    (C) Congress has fully appropriated, or the 
                Secretary has provided from other authorized sources, 
                all funds authorized by section 117, with the exception 
                of subsection (a)(1) of that section, by June 30, 2016;
                    (D) the State of New Mexico has enacted any 
                necessary legislation and provided any funding that may 
                be required under the Settlement Agreement;
                    (E) a partial final decree that sets forth the 
                water rights and other rights to water to which the 
                Pueblos are entitled under the Settlement Agreement and 
                this title and that substantially conforms to the 
                Settlement Agreement has been approved by the United 
                States District Court for the District of New Mexico; 
                and
                    (F) a final decree that sets forth the water rights 
                for all parties to the Aamodt Case and that 
                substantially conforms to the Settlement Agreement has 
                been approved by the United States District Court for 
                the District of New Mexico by December 15, 2012, or 
                within the time period of any extension of that 
                deadline granted by that court.
    (b) Enforcement Date.--The Settlement Agreement shall become 
enforceable as of the date that the United States District Court for 
the District of New Mexico enters a partial final decree pursuant to 
subsection (a)(2)(E) and an Interim Administrative Order consistent 
with the Settlement Agreement. The waivers and releases executed 
pursuant to section 124 shall become effective as of the date that the 
conditions precedent described in subsection (a)(2) have been 
fulfilled.
    (c) Expiration.--If the parties to the Settlement Agreement 
entitled to provide notice regarding the lack of substantial completion 
of the Regional Water System provide such notice in accordance with 
section 10.3 of the Settlement Agreement, the Settlement Agreement 
shall no longer be effective, the waivers and releases executed 
pursuant to section 124 shall no longer be effective, and any 
unexpended Federal funds, together with any income earned thereon, and 
title to any property acquired or constructed with expended Federal 
funds, shall be returned to the Federal Government unless otherwise 
agreed to by the appropriate parties in writing and approved by 
Congress.

SEC. 124. WAIVERS AND RELEASES.

    (a) Claims by the Pueblo and the United States.--The Pueblos, on 
behalf of themselves and their members, and the United States, acting 
in its capacity as trustee for the Pueblos, as part of their 
obligations under the Settlement Agreement, shall each execute a waiver 
and release of--
            (1) all past, present, and future claims to surface and 
        groundwater rights that the Pueblos, or the United States on 
        behalf of the Pueblos, asserted or could have asserted in the 
        Aamodt Case;
            (2) all past, present, and future claims for damages, 
        losses or injuries to water rights or claims of interference, 
        diversion or taking of water for lands within the Pojoaque 
        Basin that accrued at any time up to and including the 
        enforcement date identified in section 123(b), that the Pueblos 
        or their members, or the United States on behalf of the 
        Pueblos, asserted or could have asserted against the parties to 
        the Aamodt Case;
            (3) their defenses in the Aamodt Case to the claims 
        previously asserted therein by the other Settlement Parties; 
        and
            (4) all pending inter se challenges against other parties 
        to the Settlement Agreement.
    (b) Claims by the Pueblos.--The Pueblos, on behalf of themselves 
and their members, as part of their obligations under the Settlement 
Agreement, shall execute a waiver and release of--
            (1) all causes of action against the United States, its 
        agencies, or employees, arising out of all past, present, and 
        future claims for water rights that were asserted, or could 
        have been asserted, by the United States as trustee for the 
        Pueblos and on behalf of the Pueblos in the Aamodt case;
            (2) all claims for damages, losses or injuries to water 
        rights or claims of interference, diversion or taking of water 
        for lands within the Pojoaque Basin that accrued at any time up 
        to and including the enforcement date identified in section 
        123(b), that the Pueblos or their members may have against the 
        United States, its agencies, or employees; and
            (3) all claims arising out of or resulting from the 
        negotiation or the adoption of the Settlement Agreement, 
        exhibits thereto, the Final Decree, or this title, that the 
        Pueblos of their members may have against the United States, 
        its agencies, agents or employees.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
subsections (a) and (b), and except as otherwise provided in the 
Settlement Agreement, the Pueblos and the United States shall retain--
            (1) all claims for water rights or injuries to water rights 
        arising out of activities occurring outside the Pojoaque Basin 
        except insofar as such claims are specifically addressed in the 
        Cost-Sharing and System Integration Agreement;
            (2) all claims for enforcement of the Settlement Agreement, 
        the Final Decree, or this title, through such legal and 
        equitable remedies as may be available in any court of 
        competent jurisdiction;
            (3) all rights to use and protect water rights acquired 
        pursuant to state law to the extent not inconsistent with the 
        Final Decree and the Settlement Agreement;
            (4) all claims relating to activities affecting the quality 
        of water; and
            (5) all rights, remedies, privileges, immunities, powers, 
        and claims not specifically waived and released pursuant to the 
        Settlement Agreement or this title.
    (d) 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 Enforcement 
        Date.
            (2) No revival of claims.--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.

SEC. 125. EFFECT.

    Nothing in this title or the Settlement Agreement affects the land 
and water rights, claims, or entitlements to water of any Indian tribe, 
pueblo, or community other than the Pueblos.

        TITLE II--TAOS PUEBLO INDIAN WATER RIGHTS SETTLEMENT ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Taos Pueblo Indian Water Rights 
Settlement Act''.

SEC. 202. PURPOSE.

    The purposes of this title are--
            (1) to approve, ratify, and confirm the Taos Pueblo Indian 
        Water Rights Settlement Agreement;
            (2) to authorize and direct the Secretary to execute the 
        Settlement Agreement and to perform all obligations of the 
        Secretary under the Settlement Agreement and this title; and
            (3) to authorize all actions and appropriations necessary 
        for the United States to meet its obligations under the 
        Settlement Agreement and this title.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Eligible non-pueblo entities.--The term ``Eligible Non-
        Pueblo Entities'' means the Town of Taos, EPWSD, and the New 
        Mexico Department of Finance and Administration Local 
        Government Division on behalf of the Acequia Madre del Rio 
        Lucero y del Arroyo Seco, the Acequia Madre del Prado, the 
        Acequia del Monte, the Acequia Madre del Rio Chiquito, the 
        Upper Ranchitos Mutual Domestic Water Consumers Association, 
        the Upper Arroyo Hondo Mutual Domestic Water Consumers 
        Association, and the Llano Quemado Mutual Domestic Water 
        Consumers Association.
            (2) Enforcement date.--The term ``Enforcement Date'' means 
        the date upon which all conditions precedent set forth in 
        section 210(f)(2) have been fulfilled.
            (3) Mutual-benefit projects.--The term ``Mutual-Benefit 
        Projects'' means the projects described and identified in 
        Articles 6 and 10.1 of the Settlement Agreement.
            (4) Partial final decree.--The term ``Partial Final 
        Decree'' means the Decree entered in New Mexico v. Abeyta and 
        New Mexico v. Arellano, Civil Nos. 7896-BB (U.S. D.N.M.) and 
        7939-BB (U.S. D.N.M) (consolidated), for the resolution of the 
        Pueblo's water right claims and which is substantially in the 
        form agreed to by the Parties and attached to the Settlement 
        Agreement as Attachment 5.
            (5) Parties.--The term ``Parties'' means the Parties to the 
        Settlement Agreement, as identified in Article 1 of the 
        Settlement Agreement.
            (6) Pueblo.--The term ``Pueblo'' means the Taos Pueblo, a 
        sovereign Indian Tribe duly recognized by the United States of 
        America.
            (7) Pueblo lands.--The term ``Pueblo lands'' means those 
        lands located within the Taos Valley to which the Pueblo, or 
        the United States in its capacity as trustee for the Pueblo, 
        holds title subject to Federal law limitations on alienation. 
        Such lands include Tracts A, B, and C, the Pueblo's land grant, 
        the Blue Lake Wilderness Area, and the Tenorio and Karavas 
        Tracts and are generally depicted in Attachment 2 to the 
        Settlement Agreement.
            (8) San juan-chama project.--The term ``San Juan-Chama 
        Project'' means the Project authorized by section 8 of the Act 
        of June 13, 1962 (76 Stat. 96, 97), and the Act of April 11, 
        1956 (70 Stat. 105).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) Settlement agreement.--The term ``Settlement 
        Agreement'' means the contract dated March 31, 2006, between 
        and among--
                    (A) the United States, acting solely in its 
                capacity as trustee for Taos Pueblo;
                    (B) the Taos Pueblo, on its own behalf;
                    (C) the State of New Mexico;
                    (D) the Taos Valley Acequia Association and its 55 
                member ditches (``TVAA'');
                    (E) the Town of Taos;
                    (F) El Prado Water and Sanitation District 
                (``EPWSD''); and
                    (G) the 12 Taos area Mutual Domestic Water 
                Consumers Associations (``MDWCAs''),
        as amended to conform with this title.
            (11) State engineer.--The term ``State Engineer'' means the 
        New Mexico State Engineer.
            (12) Taos valley.--The term ``Taos Valley'' means the 
        geographic area depicted in Attachment 4 of the Settlement 
        Agreement.

SEC. 204. PUEBLO RIGHTS.

    (a) In General.--Those rights to which the Pueblo is entitled under 
the Partial Final Decree shall be held in trust by the United States on 
behalf of the Pueblo and shall not be subject to forfeiture, 
abandonment or permanent alienation.
    (b) Subsequent Act of Congress.--The Pueblo shall not be denied all 
or any part of its rights held in trust absent its consent unless such 
rights are explicitly abrogated by an Act of Congress hereafter 
enacted.

SEC. 205. PUEBLO WATER INFRASTRUCTURE AND WATERSHED ENHANCEMENT.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall provide grants and technical assistance to the 
Pueblo on a nonreimbursable basis to--
            (1) plan, permit, design, engineer, construct, reconstruct, 
        replace, or rehabilitate water production, treatment, and 
        delivery infrastructure;
            (2) restore, preserve, and protect the environment 
        associated with the Buffalo Pasture area; and
            (3) protect and enhance watershed conditions.
    (b) Availability of Grants.--Upon the Enforcement Date, all amounts 
appropriated pursuant to section 210(c)(1) shall be available in grants 
to the Pueblo after the requirements of subsection (c) have been met.
    (c) Plan.--The Secretary shall provide financial assistance 
pursuant to subsection (a) upon the Pueblo's submittal of a plan that 
identifies the projects to be implemented consistent with the purposes 
of this section and describes how such projects are consistent with the 
Settlement Agreement.
    (d) Early Funds.--Notwithstanding subsection (b), $10,000,000 of 
the monies authorized to be appropriated pursuant to section 
210(c)(1)--
            (1) shall be made available in grants to the Pueblo by the 
        Secretary upon appropriation or availability of the funds from 
        other authorized sources; and
            (2) shall be distributed by the Secretary to the Pueblo on 
        receipt by the Secretary from the Pueblo of a written notice, a 
        Tribal Council resolution that describes the purposes under 
        subsection (a) for which the monies will be used, and a plan 
        under subsection (c) for this portion of the funding.

SEC. 206. TAOS PUEBLO WATER DEVELOPMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Taos Pueblo Water Development 
Fund'' (hereinafter, ``Fund'') to be used to pay or reimburse costs 
incurred by the Pueblo for--
            (1) acquiring water rights;
            (2) planning, permitting, designing, engineering, 
        constructing, reconstructing, replacing, rehabilitating, 
        operating, or repairing water production, treatment or delivery 
        infrastructure, on-farm improvements, or wastewater 
        infrastructure;
            (3) restoring, preserving and protecting the Buffalo 
        Pasture, including planning, permitting, designing, 
        engineering, constructing, operating, managing and replacing 
        the Buffalo Pasture Recharge Project;
            (4) administering the Pueblo's water rights acquisition 
        program and water management and administration system; and
            (5) for watershed protection and enhancement, support of 
        agriculture, water-related Pueblo community welfare and 
        economic development, and costs related to the negotiation, 
        authorization, and implementation of the Settlement Agreement.
    (b) Management of the Fund.--The Secretary shall manage the Fund, 
invest amounts in the Fund, and make monies available from the Fund for 
distribution to the Pueblo consistent with the American Indian Trust 
Fund Management Reform Act of 1994 (25 U.S.C. 4001, et seq.) 
(hereinafter, ``Trust Fund Reform Act''), this title, and the 
Settlement Agreement.
    (c) Investment of the Fund.--The Secretary shall invest amounts in 
the Fund in accordance with--
            (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 
        U.S.C. 161);
            (2) the first section of the Act of June 24, 1938 (52 Stat. 
        1037, ch. 648, 25 U.S.C. 162a); and
            (3) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.).
    (d) Availability of Amounts From the Fund.--Upon the Enforcement 
Date, all monies deposited in the Fund pursuant to section 210(c)(2) 
shall be available to the Pueblo for expenditure or withdrawal after 
the requirements of subsection (e) have been met.
    (e) Expenditures and Withdrawal.--
            (1) Tribal management plan.--
                    (A) In general.--The Pueblo may withdraw all or 
                part of the Fund on approval by the Secretary of a 
                tribal management plan as described in the Trust Fund 
                Reform Act.
                    (B) Requirements.--In addition to the requirements 
                under the Trust Fund Reform Act, the tribal management 
                plan shall require that the Pueblo spend any funds in 
                accordance with the purposes described in subsection 
                (a).
            (2) Enforcement.--The Secretary may take judicial or 
        administrative action to enforce the requirement that monies 
        withdrawn from the Fund are used for the purposes specified in 
        subsection (a).
            (3) Liability.--If the Pueblo exercises the right to 
        withdraw monies from the Fund, neither the Secretary nor the 
        Secretary of the Treasury shall retain any liability for the 
        expenditure or investment of the monies withdrawn.
            (4) Expenditure plan.--
                    (A) In general.--The Pueblo shall submit to the 
                Secretary for approval an expenditure plan for any 
                portions of the funds made available under this title 
                that the Pueblo does not withdraw under paragraph 
                (1)(A).
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, amounts remaining in the Fund will be used.
                    (C) Approval.--On receipt of an expenditure plan 
                under subparagraph (A), the Secretary shall approve the 
                plan if the Secretary determines that the plan is 
                reasonable and consistent with this title.
            (5) Annual report.--The Pueblo shall submit to the 
        Secretary an annual report that describes all expenditures from 
        the Fund during the year covered by the report.
    (f) Funds Available Upon Appropriation.--Notwithstanding subsection 
(d), $15,000,000 of the monies authorized to be appropriated pursuant 
to section 210(c)(2)--
            (1) shall be available upon appropriation for the Pueblo's 
        acquisition of water rights in fulfillment of the Settlement 
        Agreement, the Buffalo Pasture Recharge Project, implementation 
        of the Pueblo's water rights acquisition program and water 
        management and administration system, the design, planning, and 
        permitting of water or wastewater infrastructure eligible for 
        funding under sections 205 or 206, or costs related to the 
        negotiation, authorization, and implementation of the 
        Settlement Agreement; and
            (2) shall be distributed by the Secretary to the Pueblo on 
        receipt by the Secretary from the Pueblo of a written notice 
        and a Tribal Council resolution that describes the purposes 
        under paragraph (1) for which the monies will be used.
    (g) No Per Capita Distributions.--No part of the Fund shall be 
distributed on a per capita basis to members of the Pueblo.

SEC. 207. MARKETING.

    (a) Pueblo Water Rights.--Subject to the approval of the Secretary 
in accordance with subsection (e), the Pueblo may market water rights 
secured to it under the Settlement Agreement and Partial Final Decree, 
provided that such marketing is in accordance with this section.
    (b) Pueblo Contract Rights to San Juan-Chama Project Water.--
Subject to the approval of the Secretary in accordance with subsection 
(e), the Pueblo may subcontract water made available to the Pueblo 
under the contract authorized under section 209(b)(1)(A) to third 
parties to supply water for use within or without the Taos Valley, 
provided that the delivery obligations under such subcontract are not 
inconsistent with the Secretary's existing San Juan-Chama Project 
obligations and such subcontract is in accordance with this section.
    (c) Limitation.--
            (1) In general.--Diversion or use of water off Pueblo Lands 
        pursuant to Pueblo water rights or Pueblo contract rights to 
        San Juan-Chama Project water shall be subject to and not 
        inconsistent with the same requirements and conditions of State 
        law, any applicable Federal law, and any applicable interstate 
        compact as apply to the exercise of water rights or contract 
        rights to San Juan-Chama Project water held by non-Federal, 
        non-Indian entities, including all applicable State Engineer 
        permitting and reporting requirements.
            (2) Effect on water rights.--Such diversion or use off 
        Pueblo Lands under paragraph (1) shall not impair water rights 
        or increase surface water depletions within the Taos Valley.
    (d) Maximum Term.--
            (1) In general.--The maximum term of any water use lease or 
        subcontract, including all renewals, shall not exceed 99 years 
        in duration.
            (2) Alienation of rights.--The Pueblo shall not permanently 
        alienate any rights it has under the Settlement Agreement, the 
        Partial Final Decree, and this title.
    (e) Approval of Secretary.--The Secretary shall approve or 
disapprove any lease or subcontract submitted by the Pueblo for 
approval not later than--
            (1) 180 days after submission; or
            (2) 60 days after compliance, if required, with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)), or any other requirement of Federal law, whichever 
        is later, provided that no Secretarial approval shall be 
        required for any water use lease or subcontract with a term of 
        less than 7 years.
    (f) No Forfeiture or Abandonment.--The nonuse by a lessee or 
subcontractor of the Pueblo of any right to which the Pueblo is 
entitled under the Partial Final Decree shall in no event result in a 
forfeiture, abandonment, relinquishment, or other loss of all or any 
part of those rights.
    (g) No Preemption.--
            (1) In general.--The approval authority of the Secretary 
        provided under subsection (e) shall not amend, construe, 
        supersede, or preempt any State or Federal law, interstate 
        compact, or international treaty that pertains to the Colorado 
        River, the Rio Grande, or any of their tributaries, including 
        the appropriation, use, development, storage, regulation, 
        allocation, conservation, exportation, or quantity of those 
        waters.
            (2) Applicable law.--The provisions of section 2116 of the 
        Revised Statutes (25 U.S.C. 177) shall not apply to any water 
        made available under the Settlement Agreement.
    (h) No Prejudice.--Nothing in this title shall be construed to 
establish, address, prejudice, or prevent any party from litigating 
whether or to what extent any applicable State law, Federal law or 
interstate compact does or does not permit, govern, or apply to the use 
of the Pueblo's water outside of New Mexico.

SEC. 208. MUTUAL-BENEFIT PROJECTS.

    (a) In General.--Upon the Enforcement Date, the Secretary, acting 
through the Commissioner of Reclamation, shall provide financial 
assistance in the form of grants on a nonreimbursable basis to Eligible 
Non-Pueblo Entities to plan, permit, design, engineer, and construct 
the Mutual Benefits Projects in accordance with the Settlement 
Agreement--
            (1) to minimize adverse impacts on the Pueblo's water 
        resources by moving future non-Indian ground water pumping away 
        from the Pueblo's Buffalo Pasture; and
            (2) to implement the resolution of a dispute over the 
        allocation of certain surface water flows between the Pueblo 
        and non-Indian irrigation water right owners in the community 
        of Arroyo Seco Arriba.
    (b) Cost-Sharing.--
            (1) Federal share.--The Federal share of the total cost of 
        planning, designing, and constructing the Mutual Benefit 
        Projects authorized in subsection (a) shall be 75 percent and 
        shall be nonreimbursable.
            (2) Non-federal share.--The non-Federal share of the total 
        cost of planning, designing, and constructing the Mutual 
        Benefit Projects shall be 25 percent and may be in the form of 
        in-kind contributions, including the contribution of any 
        valuable asset or service that the Secretary determines would 
        substantially contribute to completing the Mutual Benefit 
        Projects.

SEC. 209. SAN JUAN-CHAMA PROJECT CONTRACTS.

    (a) In General.--Contracts issued under this section shall be in 
accordance with this title and the Settlement Agreement.
    (b) Contracts for San Juan-Chama Project Water.--
            (1) In general.--The Secretary shall enter into 3 repayment 
        contracts by December 31, 2009, for the delivery of San Juan-
        Chama Project water in the following amounts:
                    (A) 2,215 acre-feet/annum to the Pueblo.
                    (B) 366 acre-feet/annum to the Town of Taos.
                    (C) 40 acre-feet/annum to EPWSD.
            (2) Requirements.--Each such contract shall provide that if 
        the conditions precedent set forth in section 210(f)(2) have 
        not been fulfilled by December 31, 2015, the contract shall 
        expire on that date.
    (c) Waiver.--With respect to the contracts authorized and required 
by subsection (b)(1) and notwithstanding the provisions of Public Law 
87-483 (76 Stat. 96) or any other provision of law--
            (1) the Secretary shall waive the entirety of the Pueblo's 
        share of the construction costs, both principal and the 
        interest, for the San Juan-Chama Project and pursuant to that 
        waiver, the Pueblo's share of all construction costs for the 
        San Juan-Chama Project, inclusive of both principal and 
        interest shall be nonreimbursable; and
            (2) the Secretary's waiver of the Pueblo's share of the 
        construction costs for the San Juan-Chama Project will not 
        result in an increase in the pro rata shares of other San Juan-
        Chama Project water contractors, but such costs shall be 
        absorbed by the United States Treasury or otherwise 
        appropriated to the Department of the Interior.

SEC. 210. AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND CONDITIONS 
              PRECEDENT.

    (a) Ratification.--
            (1) In general.--Except to the extent that any provision of 
        the Settlement Agreement conflicts with any provision of this 
        title, the Settlement Agreement is authorized, ratified, and 
        confirmed.
            (2) Amendments.--To the extent amendments are executed to 
        make the Settlement Agreement consistent with this title, such 
        amendments are also authorized, ratified, and confirmed.
    (b) Execution of Settlement Agreement.--To the extent that the 
Settlement Agreement does not conflict with this title, the Secretary 
shall execute the Settlement Agreement, including all exhibits to the 
Settlement Agreement requiring the signature of the Secretary and any 
amendments necessary to make the Settlement Agreement consistent with 
this title, after the Pueblo has executed the Settlement Agreement and 
any such amendments.
    (c) Authorization of Appropriations.--
            (1) Taos pueblo infrastructure and watershed fund.--There 
        is authorized to be appropriated to the Secretary to provide 
        grants pursuant to section 205, $30,000,000, as adjusted under 
        paragraph (4), for the period of fiscal years 2009 through 
        2015.
            (2) Taos pueblo water development fund.--There is 
        authorized to be appropriated to the Taos Pueblo Water 
        Development Fund, established at section 206(a), $50,000,000, 
        as adjusted under paragraph (4), for the period of fiscal years 
        2009 through 2015.
            (3) Mutual-benefit projects funding.--There is further 
        authorized to be appropriated to the Secretary to provide 
        grants pursuant to section 208, a total of $33,000,000, as 
        adjusted under paragraph (4), for the period of fiscal years 
        2009 through 2015.
            (4) Adjustments to amounts authorized.--The amounts 
        authorized to be appropriated under paragraphs (1) through (3) 
        shall be adjusted by such amounts as may be required by reason 
        of changes since April 1, 2007, in construction costs, as 
        indicated by engineering cost indices applicable to the types 
        of construction or rehabilitation involved.
            (5) Deposit in fund.--Except for the funds to be provided 
        to the Pueblo pursuant to section 205(d), the Secretary shall 
        deposit the funds made available pursuant to paragraphs (1) and 
        (3) into a Taos Settlement Fund to be established within the 
        Treasury of the United States so that such funds may be made 
        available to the Pueblo and the Eligible Non-Pueblo Entities 
        upon the Enforcement Date as set forth in sections 205(b) and 
        208(a).
    (d) Authority of the Secretary.--The Secretary is authorized to 
enter into such agreements and to take such measures as the Secretary 
may deem necessary or appropriate to fulfill the intent of the 
Settlement Agreement and this title.
    (e) Environmental Compliance.--
            (1) Effect of execution of settlement agreement.--The 
        Secretary's execution of the Settlement Agreement shall not 
        constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Compliance with environmental laws.--In carrying out 
        this title, the Secretary shall comply with each law of the 
        Federal Government relating to the protection of the 
        environment, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
    (f) Conditions Precedent and Secretarial Finding.--
            (1) In general.--Upon the fulfillment of the conditions 
        precedent described in paragraph (2), the Secretary shall 
        publish in the Federal Register a statement of finding that the 
        conditions have been fulfilled.
            (2) Conditions.--The conditions precedent referred to in 
        paragraph (1) are the following:
                    (A) The President has signed into law the Taos 
                Pueblo Indian Water Rights Settlement Act.
                    (B) To the extent that the Settlement Agreement 
                conflicts with this title, the Settlement Agreement has 
                been revised to conform with this title.
                    (C) The Settlement Agreement, so revised, including 
                waivers and releases pursuant to section 211, has been 
                executed by the Parties and the Secretary prior to the 
                Parties' motion for entry of the Partial Final Decree.
                    (D) Congress has fully appropriated or the 
                Secretary has provided from other authorized sources 
                all funds authorized by paragraphs (1) through (3) of 
                subsection (c) so that the entire amounts so authorized 
                have been previously provided to the Pueblo pursuant to 
                sections 205 and 206, or placed in the Taos Pueblo 
                Water Development Fund or the Taos Settlement Fund as 
                directed in subsection (c).
                    (E) The Legislature of the State of New Mexico has 
                fully appropriated the funds for the State 
                contributions as specified in the Settlement Agreement, 
                and those funds have been deposited in appropriate 
                accounts.
                    (F) The State of New Mexico has enacted legislation 
                that amends NMSA 1978, section 72-6-3 to state that a 
                water use due under a water right secured to the Pueblo 
                under the Settlement Agreement or the Partial Final 
                Decree may be leased for a term, including all 
                renewals, not to exceed 99 years, provided that this 
                condition shall not be construed to require that said 
                amendment state that any State law based water rights 
                acquired by the Pueblo or by the United States on 
                behalf of the Pueblo may be leased for said term.
                    (G) A Partial Final Decree that sets forth the 
                water rights and contract rights to water to which the 
                Pueblo is entitled under the Settlement Agreement and 
                this title and that substantially conforms to the 
                Settlement Agreement and Attachment 5 thereto has been 
                approved by the Court and has become final and 
                nonappealable.
    (g) Enforcement Date.--The Settlement Agreement shall become 
enforceable, and the waivers and releases executed pursuant to section 
211 and the limited waiver of sovereign immunity set forth in section 
212(a) shall become effective, as of the date that the conditions 
precedent described in subsection (f)(2) have been fulfilled.
    (h) Expiration Date.--
            (1) In general.--If all of the conditions precedent 
        described in section (f)(2) have not been fulfilled by December 
        31, 2015, the Settlement Agreement shall be null and void, the 
        waivers and releases executed pursuant to section 211 shall not 
        become effective, and any unexpended Federal funds, together 
        with any income earned thereon, and title to any property 
        acquired or constructed with expended Federal funds, shall be 
        returned to the Federal Government, unless otherwise agreed to 
        by the Parties in writing and approved by Congress.
            (2) Exception.--Notwithstanding subsection (h)(1) or any 
        other provision of law, any unexpended Federal funds, together 
        with any income earned thereon, made available under sections 
        205(d) and 206(f) and title to any property acquired or 
        constructed with expended Federal funds made available under 
        sections 205(d) and 206(f) shall be retained by the Pueblo.
            (3) Right to set-off.--In the event the conditions 
        precedent set forth in subsection (f)(2) have not been 
        fulfilled by December 31, 2015, the United States shall be 
        entitled to set off any funds expended or withdrawn from the 
        amount appropriated pursuant to paragraphs (1) and (2) of 
        subsection (c) or made available from other authorized sources, 
        together with any interest accrued, against any claims asserted 
        by the Pueblo against the United States relating to water 
        rights in the Taos Valley.

SEC. 211. WAIVERS AND RELEASES.

    (a) Claims by the Pueblo and the United States.--The Pueblo, on 
behalf of itself and its members, and the United States, acting through 
the Secretary in its capacity as trustee for the Pueblo, as part of 
their obligations under the Settlement Agreement, shall each execute a 
waiver and release of claims against all Parties to the Settlement 
Agreement, including individual members of signatory Acequias, from--
            (1) all past, present, and future claims to surface and 
        groundwater rights that the Pueblo, or the United States on 
        behalf of the Pueblo, asserted or could have asserted in New 
        Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB 
        (U.S. D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated);
            (2) all past, present, and future claims for damages, 
        losses or injuries to water rights or claims of interference, 
        diversion or taking of water for lands within the Taos Valley 
        that accrued from time immemorial through the Enforcement Date 
        that the Pueblo, or the United States on behalf of the Pueblo, 
        asserted or could have asserted;
            (3) all past, present, and future claims to surface and 
        groundwater rights to the use of Rio Grande mainstream or 
        tributary water, whether presently known or unknown, whether 
        for consumptive or nonconsumptive use, that the Pueblo, or the 
        United States on behalf of the Pueblo, could assert in any 
        present or future water rights adjudication proceeding that are 
        not based on ownership of land or that are based on Pueblo or 
        United States ownership of lands or water rights at any time 
        prior to the Enforcement Date, except that nothing in this 
        paragraph shall be construed to prevent the Pueblo or the 
        United States from fully participating in the inter se phase of 
        any such present or future water rights adjudication 
        proceeding;
            (4) all past, present, and future claims for damages, 
        losses or injuries to water rights or claims of interference, 
        diversion or taking of Rio Grande mainstream or tributary water 
        that accrued from time immemorial through the Enforcement Date 
        that the Pueblo, or the United States on behalf of the Pueblo, 
        asserted or could have asserted; and
            (5) all past, present, and future claims arising out of or 
        resulting from the negotiation or the adoption of the 
        Settlement Agreement, attachments thereto, or any specific 
        terms and provisions thereof, against the State of New Mexico, 
        its agencies, agents or employees.
    (b) Claims by the Pueblo.--The Pueblo, on behalf of itself and its 
members, as part of its obligations under the Settlement Agreement, 
shall execute a waiver and release of claims against the United States, 
its agencies, and its employees from--
            (1) all past, present, and future claims for water rights 
        that were asserted, or could have been asserted, by the United 
        States as trustee for the Pueblo and on behalf of the Pueblo in 
        New Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 
        7896-BB (U.S. D.N.M.) and 7939-BB (U.S. D.N.M) (consolidated);
            (2) all past, present, and future claims for damages, 
        losses or injuries to water rights or all past, present, and 
        future claims for failure to intervene or act on the Pueblo's 
        behalf in the protection of its water rights, or all past, 
        present, and future claims for failure to acquire and/or 
        develop the water rights and resources of the Pueblo, that 
        accrued from time immemorial through the Enforcement Date; and
            (3) all past, present, and future claims arising out of or 
        resulting from the negotiation or the adoption of the 
        Settlement Agreement, attachments thereto, or negotiation and 
        enactment of this title or any specific terms and provisions 
        thereof, against the United States, its agencies, agents or 
        employees.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
subsections (a) and (b), the Pueblo and its members, and the United 
States, as trustee for the Pueblo and its members, shall retain the 
following rights and claims:
            (1) All claims against persons other than the Parties to 
        the Settlement Agreement for injuries to water rights arising 
        out of activities occurring outside the Taos Valley or the Taos 
        Valley Stream System.
            (2) All claims for enforcement of the Settlement Agreement, 
        the San Juan-Chama Project contract between the Pueblo and the 
        United States, the Partial Final Decree, or this title, through 
        such legal and equitable remedies as may be available in any 
        court of competent jurisdiction.
            (3) All rights to use and protect water rights acquired 
        pursuant to state law, to the extent not inconsistent with the 
        Partial Final Decree and the Settlement Agreement.
            (4) All claims relating to activities affecting the quality 
        of water.
            (5) All rights, remedies, privileges, immunities, powers, 
        and claims not specifically waived and released pursuant to the 
        Settlement Agreement or this title.
    (d) 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 Enforcement 
        Date.
            (2) No revival of claims.--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 title.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.

SEC. 212. INTERPRETATION AND ENFORCEMENT.

    (a) Limited Waiver of Sovereign Immunity.--Upon and after the 
Enforcement Date, if any Party to the Settlement Agreement brings an 
action in any court of competent jurisdiction over the subject matter 
relating only and directly to the interpretation or enforcement of the 
Settlement Agreement or this title, and names the United States or the 
Pueblo as a party, then the United States, the Pueblo, or both may be 
added as a party to any such action, and any claim by the United States 
or the Pueblo to sovereign immunity from the action is waived, but only 
for the limited and sole purpose of such interpretation or enforcement, 
and no waiver of sovereign immunity is made for any action against the 
United States or the Pueblo that seeks money damages.
    (b) Subject Matter Jurisdiction Not Affected.--Nothing in this 
title shall be deemed as conferring, restricting, enlarging, or 
determining the subject matter jurisdiction of any court, including the 
jurisdiction of the court that enters the Partial Final Decree 
adjudicating the Pueblo's water rights.
    (c) Regulatory Authority Not Affected.--Nothing in this title shall 
be deemed to determine or limit any authority of the State or the 
Pueblo to regulate or administer waters or water rights now or in the 
future.

SEC. 213. DISCLAIMER.

    Nothing in the Settlement Agreement or this title shall be 
construed in any way to quantify or otherwise adversely affect the land 
and water rights, claims, or entitlements to water of any other Indian 
tribe.
                                 <all>