[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3254 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3254
To approve the Taos Pueblo Indian Water Rights Settlement Agreement,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2009
Mr. Lujan introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To approve the Taos Pueblo Indian Water Rights Settlement Agreement,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Taos Pueblo Indian
Water Rights Settlement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Pueblo rights.
Sec. 5. Pueblo water infrastructure and watershed enhancement.
Sec. 6. Taos Pueblo Water Development Fund.
Sec. 7. Marketing.
Sec. 8. Mutual-benefit projects.
Sec. 9. San Juan-Chama Project contracts.
Sec. 10. Authorizations, ratifications, confirmations, and conditions
precedent.
Sec. 11. Waivers and releases.
Sec. 12. Interpretation and enforcement.
Sec. 13. Disclaimer.
SEC. 2. PURPOSE.
The purposes of this Act 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 Act; and
(3) to authorize all actions and appropriations necessary
for the United States to meet its obligations under the
settlement agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible non-pueblo entities.--The term ``eligible non-
Pueblo entities'' means the Town of Taos, El Prado Water and
Sanitation District (``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 the Secretary publishes the notice required
by section 10(f)(1).
(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.6 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) EPWSD; and
(G) the 12 Taos area Mutual Domestic Water
Consumers Associations (``MDWCAs''), as amended to
conform with this Act.
(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. 4. 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. 5. 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 10(c)(1) or made available from other
authorized sources, 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 10(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. 6. 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 Act, and the settlement
agreement.
(c) Investment of the Fund.--Upon the enforcement date, 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 10(c)(2) or
made available from other authorized sources 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 Act
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 Act.
(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 10(c)(2)--
(1) shall be available upon appropriation or made available
from other authorized sources for the Pueblo's acquisition of
water rights pursuant to article 5.1.1.2.3 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 5 or 6, 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. 7. 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 9(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 Act.
(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 section
102(2)(C) of 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 Act 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. 8. 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-benefit 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. 9. SAN JUAN-CHAMA PROJECT CONTRACTS.
(a) In General.--Contracts issued under this section shall be in
accordance with this Act 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 10(f)(2) have not
been fulfilled by December 31, 2015, the contract shall expire
on that date.
(3) Applicable law.--Public Law 87-483 (76 Stat. 97)
applies to the contracts entered into under paragraph (1) and
no preference shall be applied as a result of section 4(a) with
regard to the delivery or distribution of San Juan-Chama
Project water or the management or operation of the San Juan-
Chama Project.
(c) Waiver.--With respect to the contract authorized and required
by subsection (b)(1)(A) 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. 10. 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
Act, the settlement agreement is authorized, ratified, and
confirmed.
(2) Amendments.--To the extent amendments are executed to
make the settlement agreement consistent with this Act, 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 Act, 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 Act, 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 5, $30,000,000, as adjusted under
paragraph (4), for the period of fiscal years 2010 through
2016.
(2) Taos pueblo water development fund.--There is
authorized to be appropriated to the Taos Pueblo Water
Development Fund, established at section 6(a), $58,000,000, as
adjusted under paragraph (4), for the period of fiscal years
2010 through 2016.
(3) Mutual-benefit projects funding.--There is further
authorized to be appropriated to the Secretary to provide
grants pursuant to section 8, a total of $33,000,000, as
adjusted under paragraph (4), for the period of fiscal years
2010 through 2016.
(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 5(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 5(b) and
8(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 Act.
(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 Act, 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 Act, the settlement agreement has
been revised to conform with this Act.
(C) The settlement agreement, so revised, including
waivers and releases pursuant to section 11, 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 5 and 6, 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 Act 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
11 and the limited waiver of sovereign immunity set forth in section
12(a) shall become effective, as of the date that the Secretary
publishes the notice required by subsection (f)(1).
(h) Expiration Date.--
(1) In general.--If all of the conditions precedent
described in section (f)(2) have not been fulfilled by December
31, 2016, the settlement agreement shall be null and void, the
waivers and releases executed pursuant to section 11 and the
sovereign immunity waivers in section 12(a) 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
5(d) and 6(f) and title to any property acquired or constructed
with expended Federal funds made available under sections 5(d)
and 6(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, 2016, 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. 11. WAIVERS AND RELEASES.
(a) Claims by the Pueblo and the United States.--In return for
recognition of the Pueblo's water rights and other benefits, including
but not limited to the commitments by non-Pueblo parties, as set forth
in the settlement agreement and this Act, the Pueblo, on behalf of
itself and its members, and the United States acting in its capacity as
trustee for the Pueblo are authorized to execute a waiver and release
of claims against the parties to New Mexico v. Abeyta and New Mexico v.
Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and 7939-BB (U.S. D.N.M.)
(consolidated) from--
(1) all claims for water rights in the Taos Valley that the
Pueblo, or the United States acting in its capacity as trustee
for the Pueblo, asserted, or could have asserted, in any
proceeding, including but not limited to in New Mexico v.
Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6
D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated), up to and
including the enforcement date, except to the extent that such
rights are recognized in the settlement agreement or this Act;
(2) all claims for water rights, whether for consumptive or
nonconsumptive use, in the Rio Grande mainstream or its
tributaries that the Pueblo, or the United States acting in its
capacity as trustee for the Pueblo, asserted or could assert in
any water rights adjudication proceedings except those claims
based on Pueblo or United States ownership of lands or water
rights acquired after the enforcement date, provided that
nothing in this paragraph shall prevent the Pueblo or the
United States from fully participating in the inter se phase of
any such water rights adjudication proceedings;
(3) all claims for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water (including but not limited to claims for injury to lands
resulting from such damages, losses, injuries, interference
with, diversion, or taking) in the Rio Grande mainstream or its
tributaries or for lands within the Taos Valley that accrued at
any time up to and including the enforcement date; and
(4) all claims against the State of New Mexico, its
agencies, or employees relating to the negotiation or the
adoption of the settlement agreement.
(b) Claims by the Pueblo Against the United States.--The Pueblo, on
behalf of itself and its members, is authorized to execute a waiver and
release of--
(1) all claims against the United States, its agencies, or
employees relating to claims for water rights in or water of
the Taos Valley that the United States acting in its capacity
as trustee for the Pueblo asserted, or could have asserted, in
any proceeding, including but not limited to in New Mexico v.
Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6
D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated);
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of water
or water rights (including but not limited to damages, losses
or injuries to hunting, fishing, gathering, or cultural rights
due to loss of water or water rights, claims relating to
interference with, diversion or taking of water or water
rights, or claims relating to failure to protect, acquire,
replace, or develop water, water rights or water
infrastructure) in the Rio Grande mainstream or its tributaries
or within the Taos Valley that first accrued at any time up to
and including the enforcement date;
(3) all claims against the United States, its agencies, or
employees for an accounting of funds appropriated by the Act of
March 4, 1929 (45 Stat. 1562), the Act of March 4, 1931 (46
Stat. 1552), the Act of June 22, 1936 (49 Stat. 1757), the Act
of August 9, 1937 (50 Stat. 564), and the Act of May 9, 1938
(52 Stat. 291), as authorized by the Pueblo Lands Act of June
7, 1924 (43 Stat. 636), and the Pueblo Lands Act of May 31,
1933 (48 Stat. 108), and for breach of trust relating to funds
for water replacement appropriated by said Acts that first
accrued before the date of enactment of this Act;
(4) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims relating
to the Pueblo's water rights in New Mexico v. Abeyta and New
Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) and 7939-
BB (U.S. D.N.M.) (consolidated); and
(5) all claims against the United States, its agencies, or
employees relating to the negotiation, execution or the
adoption of the settlement agreement, exhibits thereto, the
final decree, or this Act.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases authorized in this Act, the Pueblo on behalf
of itself and its members and the United States acting in its capacity
as trustee for the Pueblo retain--
(1) all claims for enforcement of the settlement agreement,
the final decree, including the partial final decree, the San
Juan-Chama Project contract between the Pueblo and the United
States, or this Act;
(2) all claims against persons other than the parties to
the settlement agreement for damages, losses or injuries to
water rights or claims of interference with, diversion or
taking of water rights (including but not limited to claims for
injury to lands resulting from such damages, losses, injuries,
interference with, diversion, or taking of water rights) within
the Taos Valley arising out of activities occurring outside the
Taos Valley or the Taos Valley Stream System;
(3) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(4) 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 (including
water rights for the land the Pueblo owns in Questa, New
Mexico);
(5) all claims relating to activities affecting the quality
of water including but not limited to any claims the Pueblo
might have under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) (including but not limited to claims for damages to
natural resources), the Safe Drinking Water Act (42 U.S.C. 300f
et seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), and the regulations implementing those Acts;
(6) all claims relating to damages, losses, or injuries to
land or natural resources not due to loss of water or water
rights (including but not limited to hunting, fishing,
gathering, or cultural rights); and
(7) all rights, remedies, privileges, immunities, powers,
and claims not specifically waived and released pursuant to
this Act and the settlement agreement.
(d) Effect of Section.--Nothing in the settlement agreement or this
Act--
(1) affects the ability of the United States acting in its
sovereign capacity to take actions authorized by law, including
but not limited to any laws relating to health, safety, or the
environment, including but not limited to the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), the Safe
Drinking Water Act (42 U.S.C. 300f et seq.), the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), and the regulations implementing such
Acts;
(2) affects the ability of the United States to take
actions acting in its capacity as trustee for any other Indian
tribe or allottee;
(3) confers jurisdiction on any State court to--
(A) interpret Federal law regarding health, safety,
or the environment or determine the duties of the
United States or other parties pursuant to such Federal
law; or
(B) conduct judicial review of Federal agency
action; or
(4) waives any claim of a member of the Pueblo in an
individual capacity that does not derive from a right of the
Pueblo.
(e) 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 earlier of--
(A) December 31, 2016; or
(B) the enforcement date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this subsection precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
SEC. 12. 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 Act, 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 Act
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 Act 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. 13. DISCLAIMER.
Nothing in the settlement agreement or this Act 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.
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