[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1105 Reported in Senate (RS)]

                                                       Calendar No. 255
111th CONGRESS
  2d Session
                                S. 1105

                          [Report No. 111-115]

    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, and Tesuque.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

 Mr. Bingaman (for himself and Mr. Udall of New Mexico) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                            January 20, 2010

                Reported by Mr. Dorgan, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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, and Tesuque.

    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 ``Aamodt Litigation 
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. Definitions.
             TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

Sec. 101. Authorization of Regional Water System.
Sec. 102. Operating Agreement.
Sec. 103. Acquisition of Pueblo water supply for the Regional Water 
                            System.
Sec. 104. Delivery and allocation of Regional Water System capacity and 
                            water.
Sec. 105. Aamodt Settlement Pueblos' Fund.
Sec. 106. Environmental compliance.
Sec. 107. Authorization of appropriations.
        TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

Sec. 201. Settlement Agreement and contract approval.
Sec. 202. Environmental compliance.
Sec. 203. Conditions precedent and enforcement date.
Sec. 204. Waivers and releases.
Sec. 205. Effect.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 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.).
            (2) Acre-feet.--The term ``acre-feet'' means acre-feet of 
        water per year.
            (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) City.--The term ``City'' means the city of Santa Fe, 
        New Mexico.
            (5) Cost-sharing and system integration agreement.--The 
        term ``Cost-Sharing and System Integration Agreement'' means 
        the agreement to be 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.
            (6) County.--The term ``County'' means Santa Fe County, New 
        Mexico.
            (7) 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.
            (8) 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.
            (9) Engineering report.--The term ``Engineering Report'' 
        means the report entitled ``Pojoaque Regional Water System 
        Engineering Report'' dated September 2008 and any amendments 
        thereto, including any modifications which may be required by 
        section 101(d)(2).
            (10) Fund.--The term ``Fund'' means the Aamodt Settlement 
        Pueblos' Fund established by section 105(a).
            (11) Operating agreement.--The term ``Operating Agreement'' 
        means the agreement between the Pueblos and the County executed 
        under section 102(a).
            (12) 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.
            (13) 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).
            (14) Pueblo.--The term ``Pueblo'' means each of the pueblos 
        of Nambe, Pojoaque, San Ildefonso, or Tesuque.
            (15) Pueblos.--The term ``Pueblos'' means collectively the 
        Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.
            (16) 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.
            (17) 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.
            (18) Regional water system.--
                    (A) In general.--The term ``Regional Water System'' 
                means the Regional Water System described in section 
                101(a).
                    (B) Exclusions.--The term ``Regional Water System'' 
                does not include the County or Pueblo water supply 
                delivered through the Regional Water System.
            (19) 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).
            (20) San juan-chama project act.--The term ``San Juan-Chama 
        Project Act'' means sections 8 through 18 of the Act of June 
        13, 1962 (76 Stat. 96, 97).
            (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.

             TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

SEC. 101. 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 4,000 acre-feet of water within 
                the Pojoaque Basin, unless modified in accordance with 
                subsection (d)(2).
    (b) Final Project Design.--The Secretary shall issue a final 
project design within 90 days of completion of the environmental 
compliance described in section 106 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 107(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.
            (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.
            (2) Modifications to regional water system.--
                    (A) In general.--The State and the County, in 
                agreement with the Pueblos, the City, and other 
                signatories to the Cost-Sharing and System Integration 
                Agreement, may modify the extent, size, and capacity of 
                the County Distribution System as set forth in the 
                Cost-Sharing and System Integration Agreement.
                    (B) Effect.--A modification under subparagraph 
                (A)--
                            (i) shall not affect implementation of the 
                        Settlement Agreement so long as the provisions 
                        in section 203 are satisfied; and
                            (ii) may result in an adjustment of the 
                        State and County cost-share allocation as set 
                        forth in 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.--
        <DELETED>    (1) Pueblo water facilities.--The costs of 
        constructing the Pueblo Water Facilities, as determined by the 
        final project design and the Engineering Report--</DELETED>
                <DELETED>    (A) shall be at full Federal expense 
                subject to the amount authorized in section 107(a)(1); 
                and</DELETED>
                <DELETED>    (B) shall be nonreimbursable to the United 
                States.</DELETED>
        <DELETED>    (2) County distribution system.--The 
        costs</DELETED>
            (1) Pueblo water facilities.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the expenditures of the Secretary to construct the 
                Pueblo Water Facilities under this section shall not 
                exceed $106,400,000.
                    (B) Exception.--The amount described in 
                subparagraph (A) shall be increased or decreased, as 
                appropriate, based on ordinary fluctuations in 
                construction costs since October 1, 2006, as determined 
                using applicable engineering cost indices.
            (2) Costs to pueblo.--The costs incurred by the Secretary 
        in carrying out activities to construct the Pueblo Water 
        Facilities under this section shall not be reimbursable to the 
        United States.
            (3) 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, 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 is 
                complete; and
                    (B) the Operating Agreement is executed in 
                accordance with section 102.
            (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. 102. 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 101(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 
                103(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 101(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 Act precludes the Operating Agreement 
from authorizing phased or interim operations if the Regional Water 
System is constructed in phases.

SEC. 103. 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 107(c)(1)(C); and
                    (B) 1141 acre-feet from water acquired by the 
                County for water rights commonly referred to as ``Top 
                of the World'' rights in the Aamodt Case;
        <DELETED>    (2) make available 1079 acre-feet to the Pueblos 
        pursuant to a contract entered into among the Pueblos and the 
        Secretary in accordance with section 11 of the San Juan-Chama 
        Project Act, under water rights held by the Secretary; 
        and</DELETED>
            (2) enter into a contract with the Pueblos for 1,079 acre-
        feet in accordance with section 11 of the San Juan-Chama 
        Project Act; and
            (3) by application to the State Engineer, 
        <DELETED>obtain</DELETED>seek 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) Applicable Law.--The water supply made available pursuant to 
subsection (a)(2) shall be subject to the San Juan-Chama Project Act, 
and no preference shall be provided to the Pueblos as a result of 
subsection (c) with regard to the delivery or distribution of San Juan-
Chama Project water or the management or operation of the San Juan-
Chama Project.
    (e) 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 San 
        Juan-Chama Project Act, 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 No. 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.
    (f) Limitation.--The Secretary shall use the water supply secured 
under subsection (a) only for the purposes described in the Settlement 
Agreement.
    (g) Fulfillment of Water Supply Acquisition Obligations.--
Compliance with subsections (a) through (f) shall satisfy any and all 
obligations of the Secretary to acquire or secure a water supply for 
the Pueblos pursuant to the Settlement Agreement.
    (h) Rights of Pueblos in Settlement Agreement Unaffected.--
Notwithstanding the provisions of subsections (a) through (g), 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. 104. 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) up to 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 up to 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 per year of water 
        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. 105. 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 107(c) or other authorized sources; 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 Act.
    (c) Investment of the Fund.--On the date set forth in section 
203(a)(1), 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 107(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 Act, 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 
                107(c)(1) or from other authorized sources 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 
                107(c)(1)(B) or from other authorized sources 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 203 have not been 
                fulfilled by September 15, 2017, the United States 
                shall be entitled to set off any funds expended or 
                withdrawn from the amounts appropriated pursuant to 
                section 107(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. 106. ENVIRONMENTAL COMPLIANCE.

    (a) In General.--In carrying out this title, 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 Act 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. 107. 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 envi<DELETED>ronmental compliance activities 
        under section 106 a total of $106,400,000 between fiscal years 
        2010 and 2022.</DELETED>ronmental compliance activities under 
        section 106 an amount not to exceed $106,400,000, as adjusted 
        under paragraph (3), for the period of fiscal years 2010 
        through 2022, to remain available until expended.
            (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 103(a)(1)(B)--
            (1) in the amount of $5,400,000.00 if such acquisition is 
        completed by December 31, 2010; and
            (2) the amount authorized under paragraph (b)(1) shall be 
        adjusted according to the CPI Urban Index commencing January 1, 
        2011.
    (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 
        2010 through 2022:
                    (A) $15,000,000, 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 103(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 101, the 
                Secretary is authorized to and 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.
                <DELETED>    (B) Obligation of the federal government 
                after completion.--Except as provided in section 
                103(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.</DELETED>
                    (B) Obligation of federal government after 
                completion.--The amount authorized under subparagraph 
                (A) shall expire after the date on which construction 
                of the Regional Water System is completed and the 
                amounts required to be deposited in the account have 
                been deposited under this section by the Federal 
                Government.

        TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

SEC. 201. 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 Act, 
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 Act) 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 
Act, 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 Act).
    (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 103(a)(1) 
        may only be leased or marketed by any of the Pueblos pursuant 
        to the intergovernmental agreements described in section 
        104(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. 202. ENVIRONMENTAL COMPLIANCE.

    (a) Effect of Execution of Settlement Agreement.--The execution of 
the Settlement Agreement under section 201(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 Act, 
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. 203. 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 by September 15, 2017, a 
        statement of finding that the conditions have been fulfilled.
            (2) Requirements.--The conditions precedent 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 204, 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 107, with the exception 
                of subsection (a)(1) of that section, by December 15, 
                2016;
                    (D) the Secretary has acquired and entered into 
                appropriate contracts for the water rights described in 
                section 103(a);
                    (E) for purposes of section 103(a), permits have 
                been issued by the New Mexico State Engineer to the 
                Regional Water Authority to change the points of 
                diversion to the mainstem of the Rio Grande for the 
                diversion and consumptive use of at least 2,381 acre-
                feet by the Pueblos as part of the water supply for the 
                Regional Water System, subject to the conditions that--
                            (i) the permits shall be free of any 
                        condition that materially adversely affects the 
                        ability of the Pueblos or the Regional Water 
                        Authority to divert or use the Pueblo water 
                        supply described in section 103(a), including 
                        water rights acquired in addition to those 
                        described in section 103(a), in accordance with 
                        section 103(g); and
                            (ii) the Settlement Agreement shall 
                        establish the means to address any permit 
                        conditions to ensure the ability of the Pueblos 
                        to fully divert and consume at least 2,381 
                        acre-feet as part of the water supply for the 
                        Regional Water System, including defining the 
                        conditions that will not constitute a material 
                        adverse affect;
                    <DELETED>(D)</DELETED>(F) the State has enacted any 
                necessary legislation and provided any funding that may 
                be required under the Settlement Agreement;
                    <DELETED>(E)</DELETED>(G) 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
                    <DELETED>(F)</DELETED>(H) 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 June 
                15, 2017.
    (b) Expiration Date.--If all the conditions precedent described in 
subsection (a)(2) have not been fulfilled by September 15, 2017--
            (1) the Settlement Agreement and this Act including waivers 
        described in those documents shall no longer be effective; and
            (2) any funds that have been appropriated under this Act 
        but not expended shall immediately revert to the general fund 
        of the United States Treasury.
    (c) 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.
    (d) Effectiveness of Waivers.--The waivers and releases executed 
pursuant to section 204 shall become effective as of the date that the 
Secretary publishes the notice required by subsection (a)(1).
    (e) Requirements for Determination of Substantial Completion of the 
Regional Water System.--
            (1) Criteria for substantial completion of regional water 
        system.--Subject to the provisions in section 101(d) concerning 
        the extent, size, and capacity of the County Distribution 
        System, the Regional Water System shall be determined to be 
        substantially completed if the infrastructure has been 
        constructed capable of--
                    (A) diverting, treating, transmitting, and 
                distributing a supply of 2,500 acre-feet of water to 
                the Pueblos; and
                    (B) diverting, treating, and transmitting the 
                quantity of water specified in the Engineering Report 
                to the County Distribution System.
            (2) Consultation.--On or after June 30, 2021, at the 
        request of 1 or more of the Pueblos, the Secretary shall 
        consult with the Pueblos and confer with the County and the 
        State on whether the criteria in paragraph (1) for substantial 
        completion of the Regional Water System have been met or will 
        be met by June 30, 2024.
        <DELETED>    (3) Right to void final decree.--If the 
        substantial completion criteria have not been met by June 15, 
        2021, after the consultation required by paragraph (2), the 
        Pueblos or the United States as trustee for the Pueblos have 
        until midnight June 30, 2024 to ask the Decree Court to void 
        the Final Decree pursuant to section 10.3 of the Settlement 
        Agreement.</DELETED>
<DELETED>    (f) Voiding of Waivers.--If the Court determines the Final 
Decree is voided pursuant to Section 10.3 of the Settlement Agreement, 
the Settlement Agreement shall no longer be effective, the waivers and 
releases executed pursuant to section 204 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 Pueblos and the United States in 
writing and approved by Congress.</DELETED>
            (3) Written determination by secretary.--Not earlier than 
        June 30, 2021, at the request of 1 or more of the Pueblos and 
        after the consultation required by paragraph (2), the Secretary 
        shall--
                    (A) determine whether the Regional Water System has 
                been substantially completed based on the criteria 
                described in paragraph (1); and
                    (B) submit a written notice of the determination 
                under subparagraph (A) to--
                            (i) the Pueblos;
                            (ii) the County; and
                            (iii) the State.
            (4) Right to review.--
                    (A) In general.--A determination by the Secretary 
                under paragraph (3)(A) shall be considered to be a 
                final agency action subject to judicial review by the 
                Decree Court under sections 701 through 706 of title 5, 
                United States Code.
                    (B) Failure to make timely determination.--
                            (i) In general.--If a Pueblo requests a 
                        written determination under paragraph (3) and 
                        the Secretary fails to make such a written 
                        determination by the date described in clause 
                        (ii), there shall be a rebuttable presumption 
                        that the failure constitutes agency action 
                        unlawfully withheld or unreasonably delayed 
                        under section 706 of title 5, United States 
                        Code.
                            (ii) Date.--The date referred to in clause 
                        (i) is the date that is the later of--
                                    (I) the date that is 180 days after 
                                the date of receipt by the Secretary of 
                                the request by the Pueblo; and
                                    (II) June 30, 2023.
                    (C) Effect of act.--Nothing in this Act gives any 
                Pueblo or Settlement Party the right to judicial review 
                of a determination of the Secretary regarding whether 
                the Regional Water System has been substantially 
                completed except under subchapter II of chapter 5, and 
                chapter 7, of title 5, United States Code (commonly 
                known as the ``Administrative Procedure Act'').
            (5) Right to void final decree.--
                    (A) In general.--Not later than June 30, 2024, on a 
                determination by the Secretary, after consultation with 
                the Pueblos, that the Regional Water System is not 
                substantially complete, 1 or more of the Pueblos, or 
                the United States acting on behalf of a Pueblo, shall 
                have the right to notify the Decree Court of the 
                determination.
                    (B) Effect.--The Final Decree shall have no force 
                or effect on a finding by the Decree Court that a 
                Pueblo, or the United States acting on behalf of a 
                Pueblo, has submitted proper notification under 
                subparagraph (A).
    (f) Voiding of Waivers.--If the Final Decree is void under 
subsection (e)(5)--
            (1) the Settlement Agreement shall no longer be effective;
            (2) the waivers and releases executed pursuant to section 
        204 shall no longer be effective; and
            (3) any unexpended Federal funds, together with any 
        interest earned on those funds, 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 Pueblos and the United States and approved by Congress.

SEC. 204. WAIVERS AND RELEASES.

    (a) Claims by the Pueblos and the United States.--In return for 
recognition of the Pueblos' water rights and other benefits, including 
waivers and releases by non-Pueblo parties, as set forth in the 
Settlement Agreement and this Act, the Pueblos, on behalf of themselves 
and their members, and the United States acting in its capacity as 
trustee for the Pueblos are authorized to execute a waiver and release 
of--
            (1) all claims for water rights in the Pojoaque Basin that 
        the Pueblos, or the United States acting in its capacity as 
        trustee for the Pueblos, asserted, or could have asserted, in 
        any proceeding, including the Aamodt Case, up to and including 
        the waiver effectiveness date identified in section 203(d), 
        except to the extent that such rights are recognized in the 
        Settlement Agreement or this Act;
            (2) all claims for water rights for lands in the Pojoaque 
        Basin and for rights to use water in the Pojoaque Basin that 
        the Pueblos, or the United States acting in its capacity as 
        trustee for the Pueblos, might be able to otherwise assert in 
        any proceeding not initiated on or before the date of enactment 
        of this title, except to the extent that such rights are 
        recognized in the Settlement Agreement or this Act;
            (3) all claims for damages, losses or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including claims for injury to land resulting from such 
        damages, losses, injuries, interference with, diversion, or 
        taking) for land within the Pojoaque Basin that accrued at any 
        time up to and including the waiver effectiveness date 
        identified in section 203(d);
            (4) their defenses in the Aamodt Case to the claims 
        previously asserted therein by other parties to the Settlement 
        Agreement;
            (5) all pending and future inter se challenges to the 
        quantification and priority of water rights of non-Pueblo wells 
        in the Pojoaque Basin, except as provided by section 2.8 of the 
        Settlement Agreement;
            (6) all pending and future inter se challenges against 
        other parties to the Settlement Agreement;
            (7) all claims for damages, losses, or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including claims for injury to land resulting from such 
        damages, losses, injuries, interference with, diversion, or 
        taking of water) attributable to City of Santa Fe pumping of 
        groundwater that has effects on the ground and surface water 
        supplies of the Pojoaque Basin, provided that this waiver shall 
        not be effective by the Pueblo of Tesuque unless there is a 
        water resources agreement executed between the Pueblo of 
        Tesuque and the City of Santa Fe; and
            (8) all claims for damages, losses, or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including claims for injury to land resulting from such 
        damages, losses, injuries, interference with, diversion, or 
        taking of water) attributable to County of Santa Fe pumping of 
        groundwater that has effects on the ground and surface water 
        supplies of the Pojoaque Basin<DELETED>; and</DELETED>.
        <DELETED>    (9) all claims for damages, losses, or injuries, 
        or for injunctive or other relief, because of the condition of, 
        or changes in, the concentration of naturally occurring 
        constituents of ground and surface water in the Pojoaque Basin 
        arising out of the diversion of water pursuant to water rights 
        recognized by the final decree.</DELETED>
    (b) Claims by the Pueblos Against the United States.--The Pueblos, 
on behalf of themselves and their members, are 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 Pojoaque Basin or for rights to use water in the Pojoaque 
        Basin that the United States acting in its capacity as trustee 
        for the Pueblos asserted, or could have asserted, in any 
        proceeding, including the Aamodt Case;
            (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 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) within the 
        Pojoaque Basin that first accrued at any time up to and 
        including the waiver effectiveness date identified in section 
        203(d);
            (3) all claims against the United States, its agencies, or 
        employees for an accounting of funds appropriated by Acts, 
        including the Act of December 22, 1927 (45 Stat. 2), the Act of 
        March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 (46 
        Stat. 90), the Act of February 14, 1931 (46 Stat. 1115), the 
        Act of March 4, 1931 (46 Stat. 1552), the Act of July 1, 1932 
        (47 Stat. 525), 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 Pueblos' water rights in the Aamodt Case; 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 
        Partial Final Decree, the Final Decree, or this Act.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized in this Act, the Pueblos on behalf 
of themselves and their members and the United States acting in its 
capacity as trustee for the Pueblos retain.--
            (1) all claims for enforcement of the Settlement Agreement, 
        the Cost-Sharing and System Integration Agreement, the Final 
        Decree, including the Partial Final Decree, the San Juan-Chama 
        Project contract between the Pueblos and the United States or 
        this Act;
            (2) all rights to use and protect water rights acquired 
        after the date of enactment of this Act;
            (3) all rights to use and protect water rights acquired 
        pursuant to state law to the extent not inconsistent with the 
        Partial Final Decree, Final Decree, and the Settlement 
        Agreement;
            (4) all claims against persons other than Parties to the 
        Settlement Agreement for damages, losses or injuries to water 
        rights or claims of interference with, diversion or taking of 
        water (including claims for injury to lands resulting from such 
        damages, losses, injuries, interference with, diversion, or 
        taking of water) within the Pojoaque Basin arising out of 
        activities occurring outside the Pojoaque Basin;
            (5) all claims relating to activities affecting the quality 
        of water including any claims the Pueblos may have under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
        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 laws;
            (6) all claims against the United States relating to 
        damages, losses, or injuries to land or natural resources not 
        due to loss of water or water rights (including hunting, 
        fishing, gathering or cultural rights);
            (7) all claims for water rights from water sources outside 
        the Pojoaque Basin for land outside the Pojoaque Basin owned by 
        a Pueblo or held by the United States for the benefit of any of 
        the Pueblos; and
            (8) all rights, remedies, privileges, immunities, powers 
        and claims not specifically waived and released pursuant to 
        this Act or 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 
        any laws relating to health, safety, or the environment, 
        including the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), 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.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
        and the regulations implementing those laws;
            (2) affects the ability of the United States to take 
        actions acting in its capacity as trustee for any other Indian 
        tribe or allottee; or
            (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;
    (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 June 30, 2021.
            (2) Effect of subparagraph.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.

SEC. 205. EFFECT.

    Nothing in this Act 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.
                                                       Calendar No. 255

111th CONGRESS

  2d Session

                                S. 1105

                          [Report No. 111-115]

_______________________________________________________________________

                                 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, and Tesuque.

_______________________________________________________________________

                            January 20, 2010

                        Reported with amendments