[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4896 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4896

  To approve the settlement of water rights claims of the Pueblos of 
   Jemez and Zia in the State of New Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2022

 Mr. Heinrich introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To approve the settlement of water rights claims of the Pueblos of 
   Jemez and Zia in the State of New Mexico, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pueblos of Jemez 
and Zia Water Rights Settlement Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification of Agreement.
Sec. 5. Pueblo Water Right.
Sec. 6. Settlement trust funds.
Sec. 7. Funding.
Sec. 8. Waivers and releases of claims.
Sec. 9. Satisfaction of claims.
Sec. 10. Enforceability date.
Sec. 11. Miscellaneous provisions.
Sec. 12. Antideficiency.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        all claims to water rights in the Jemez River Stream System in 
        the State of New Mexico for--
                    (A) the Pueblo of Jemez;
                    (B) the Pueblo of Zia; and
                    (C) the United States, acting as trustee for the 
                Pueblos of Jemez and Zia;
            (2) to authorize, ratify, and confirm the Agreement entered 
        into by the Pueblos, the State, and various other parties to 
        the extent that the Agreement is consistent with this Act;
            (3) to authorize and direct the Secretary--
                    (A) to execute the Agreement; and
                    (B) to take any other actions necessary to carry 
                out the Agreement in accordance with this Act; and
            (4) to authorize funds necessary for the implementation of 
        the Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adjudication.--The term ``Adjudication'' means the 
        adjudication of water rights pending before the United States 
        District Court for the District of New Mexico: United States of 
        America, on its own behalf, and on behalf of the Pueblos of 
        Jemez, Santa Ana, and Zia, State of New Mexico, ex rel. State 
        Engineer, Plaintiffs, and Pueblos of Jemez, Santa Ana, and Zia, 
        Plaintiffs-in-Intervention v. Tom Abousleman, et al., 
        Defendants, Civil No. 83-cv-01041 (KR).
            (2) Agreement.--The term ``Agreement'' means--
                    (A) the document entitled ``Pueblos of Jemez and 
                Zia Water Rights Settlement Agreement'' and dated May 
                11, 2022, and the appendices and exhibits attached 
                thereto; and
                    (B) any amendment to the document referred to in 
                subparagraph (A) (including an amendment to an appendix 
                or exhibit) that is executed to ensure that the 
                Agreement is consistent with this Act.
            (3) Enforceability date.--The term ``Enforceability Date'' 
        means the date described in section 10.
            (4) Jemez river stream system.--The term ``Jemez River 
        Stream System'' means the geographic extent of the area 
        involved in the Adjudication.
            (5) Partial final judgment and decree.--The term ``Partial 
        Final Judgment and Decree'' means a final or interlocutory 
        partial final judgment and decree entered by the United States 
        District Court for the District of New Mexico with respect to 
        the water rights of the Pueblos--
                    (A) that is substantially in the form described in 
                the Agreement, as amended to ensure consistency with 
                this Act; and
                    (B) from which no further appeal may be taken.
            (6) Pueblo.--The term ``Pueblo'' means either of--
                    (A) the Pueblo of Jemez; or
                    (B) the Pueblo of Zia.
            (7) Pueblo land.--The term ``Pueblo Land'' means any real 
        property that is--
                    (A) held by the United States in trust for a Pueblo 
                within the Jemez River Stream System;
                    (B) owned by a Pueblo within the Jemez River Stream 
                System before the date on which a court approves the 
                Agreement; or
                    (C) acquired by a Pueblo on or after the date on 
                which a court approves the Agreement if the real 
                property--
                            (i) is located within the exterior 
                        boundaries of the Pueblo, as recognized and 
                        confirmed by a patent issued under the Act of 
                        December 22, 1858 (11 Stat. 374, chapter V);
                            (ii) is located within the exterior 
                        boundaries of any territory set aside for a 
                        Pueblo by law, Executive order, or court 
                        decree;
                            (iii) is owned by a Pueblo or held by the 
                        United States in trust for the benefit of a 
                        Pueblo outside the Jemez River Stream System 
                        that is located within the exterior boundaries 
                        of the Pueblo, as recognized and confirmed by a 
                        patent issued under the Act of December 22, 
                        1858 (11 Stat. 374, chapter V); or
                            (iv) is located within the exterior 
                        boundaries of any real property located outside 
                        the Jemez River Stream System set aside for a 
                        Pueblo by law, Executive order, or court decree 
                        if the land is within or contiguous to land 
                        held by the United States in trust for the 
                        Pueblo as of June 1, 2022.
            (8) Pueblo trust fund.--The term ``Pueblo Trust Fund'' 
        means--
                    (A) the Pueblo of Jemez Settlement Trust Fund 
                established under section 6(a); and
                    (B) the Pueblo of Zia Settlement Trust Fund 
                established under that section.
            (9) Pueblo water right.--The term ``Pueblo Water Right'' 
        means the water right of a Pueblo--
                    (A) as identified in the Agreement and section 5 of 
                this Act; and
                    (B) as confirmed in the Partial Final Judgment and 
                Decree.
            (10) Pueblos.--The term ``Pueblos'' means--
                    (A) the Pueblo of Jemez; and
                    (B) the Pueblo of Zia.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (12) State.--The term ``State'' means the State of New 
        Mexico and all officers, agents, departments, and political 
        subdivisions of the State of New Mexico.

SEC. 4. RATIFICATION OF AGREEMENT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act and to the 
        extent that the Agreement does not conflict with this Act, the 
        Agreement is authorized, ratified, and confirmed.
            (2) Amendments.--If an amendment to the Agreement, or to 
        any appendix or exhibit attached to the Agreement requiring the 
        signature of the Secretary, is executed in accordance with this 
        Act to make the Agreement consistent with this Act, the 
        amendment is authorized, ratified, and confirmed.
    (b) Execution.--
            (1) In general.--To the extent the Agreement does not 
        conflict with this Act, the Secretary shall execute the 
        Agreement, including all appendices or exhibits to, or parts 
        of, the Agreement requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act prohibits the 
        Secretary, after execution of the Agreement, from approving any 
        modification to the Agreement, including an appendix or exhibit 
        to the Agreement, that is consistent with this Act, to the 
        extent that the modification does not otherwise require 
        congressional approval under section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or any other applicable provision of 
        Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Agreement and this 
        Act, the Secretary shall comply with--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), including the implementing 
                regulations of that Act; and
                    (C) all other applicable Federal environmental laws 
                and regulations.
            (2) Compliance.--
                    (A) In general.--In implementing the Agreement and 
                this Act, the Pueblos shall prepare any necessary 
                environmental documents, consistent with--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.), including the 
                        implementing regulations of that Act; and
                            (iii) all other applicable Federal 
                        environmental laws and regulations.
                    (B) Authorizations.--The Secretary shall--
                            (i) independently evaluate the 
                        documentation required under subparagraph (A); 
                        and
                            (ii) be responsible for the accuracy, 
                        scope, and contents of that documentation.
            (3) Effect of execution.--The execution of the Agreement by 
        the Secretary under this section shall not constitute a major 
        Federal action under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
            (4) Costs.--Any costs associated with the performance of 
        the compliance activities under this subsection shall be paid 
        from funds deposited in the Pueblo Trust Funds, subject to the 
        condition that any costs associated with the performance of 
        Federal approval or other review of such compliance work or 
        costs associated with inherently Federal functions shall remain 
        the responsibility of the Secretary.

SEC. 5. PUEBLO WATER RIGHT.

    (a) Trust Status of the Pueblo Water Right.--The Pueblo Water Right 
shall be held in trust by the United States on behalf of the Pueblos in 
accordance with the Agreement and this Act.
    (b) Forfeiture and Abandonment.--The Pueblo Water Right shall not 
be subject to loss through non-use, forfeiture, abandonment, or other 
operation of law.
    (c) Use.--Any use of the Pueblo Water Right shall be subject to the 
terms and conditions of the Agreement and this Act.
    (d) Authority of the Pueblos.--
            (1) In general.--The Pueblos shall have the authority to 
        allocate, distribute, and lease the Pueblo Water Right for use 
        on Pueblo Land in accordance with the Agreement, this Act, and 
        applicable Federal law.
            (2) Use off pueblo land.--The Pueblos may allocate, 
        distribute, and lease the Pueblo Water Right for use off Pueblo 
        Land in accordance with the Agreement, this Act, and applicable 
        Federal law, subject to the approval of the Secretary.
    (e) Administration.--
            (1) No alienation.--The Pueblos shall not permanently 
        alienate any portion of the Pueblo Water Right.
            (2) Purchases or grants of land from indians.--An 
        authorization provided by this Act for the allocation, 
        distribution, leasing, or other arrangement entered into 
        pursuant to this Act shall be considered to satisfy any 
        requirement for authorization of the action required by Federal 
        law.
            (3) Prohibition on forfeiture.--The non-use of all or any 
        portion of the Pueblo Water Right by any water user shall not 
        result in the forfeiture, abandonment, relinquishment, or other 
        loss of all or any portion of the Pueblo Water Right.

SEC. 6. SETTLEMENT TRUST FUNDS.

    (a) Establishment.--The Secretary shall establish 2 trust funds, to 
be known as the ``Pueblo of Jemez Settlement Trust Fund'' and the 
``Pueblo of Zia Settlement Trust Fund'', to be managed, invested, and 
distributed by the Secretary and to remain available until expended, 
withdrawn, or reverted to the general fund of the Treasury, consisting 
of the amounts deposited in the Pueblo Trust Funds under subsection 
(b), together with any investment earnings, including interest, earned 
on those amounts for the purpose of carrying out this Act.
    (b) Deposits.--The Secretary shall deposit in each Pueblo Trust 
Fund the amounts made available pursuant to section 7(a).
    (c) Management and Interest.--
            (1) Management.--On receipt and deposit of funds into the 
        Pueblo Trust Funds under subsection (b), the Secretary shall 
        manage, invest, and distribute all amounts in the Pueblo Trust 
        Funds in a manner that is consistent with the investment 
        authority of the Secretary under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this subsection.
            (2) Investment earnings.--In addition to the deposits made 
        to each Pueblo Trust Fund under subsection (b), any investment 
        earnings, including interest, earned on those amounts held in 
        each Pueblo Trust Fund are authorized to be used in accordance 
        with subsections (e) and (g).
    (d) Availability of Amounts.--
            (1) In general.--Amounts appropriated to, and deposited in, 
        each Pueblo Trust Fund, including any investment earnings 
        (including interest) earned on those amounts, shall be made 
        available to each Pueblo by the Secretary beginning on the 
        Enforceability Date, subject to the requirements of this 
        section, except for funds to be made available to the Pueblos 
        pursuant to paragraph (2).
            (2) Use of funds.--Notwithstanding paragraph (1), 
        $25,000,000 of the amounts deposited in each Pueblo Trust Fund 
        shall be available to the appropriate Pueblo for--
                    (A) developing economic water development plans;
                    (B) preparing environmental compliance documents;
                    (C) preparing water project engineering designs;
                    (D) establishing and operating a water resource 
                department;
                    (E) installing supplemental irrigation groundwater 
                wells; and
                    (F) developing water measurement and reporting 
                water use plans.
    (e) Withdrawals.--
            (1) Withdrawals under the american indian trust fund 
        management reform act of 1994.--
                    (A) In general.--Each Pueblo may withdraw any 
                portion of the amounts in the Pueblo Trust Fund on 
                approval by the Secretary of a Tribal management plan 
                submitted by the Pueblo in accordance with the American 
                Indian Trust Fund Management Reform Act of 1994 (25 
                U.S.C. 4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
                management plan under this paragraph shall require that 
                the appropriate Pueblo shall spend all amounts 
                withdrawn from each Pueblo Trust Fund, and any 
                investment earnings (including interest) earned on 
                those amounts, through the investments under the Tribal 
                management plan, in accordance with this Act.
                    (C) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce the Tribal 
                management plan under this paragraph to ensure that 
                amounts withdrawn by each Pueblo from the Pueblo Trust 
                Fund of the Pueblo under subparagraph (A) are used in 
                accordance with this Act.
            (2) Withdrawals under expenditure plan.--
                    (A) In general.--Each Pueblo may submit to the 
                Secretary a request to withdraw funds from the Pueblo 
                Trust Fund of the Pueblo pursuant to an approved 
                expenditure plan.
                    (B) Requirements.--To be eligible to withdraw 
                amounts under an expenditure plan under subparagraph 
                (A), each Pueblo shall submit to the Secretary an 
                expenditure plan for any portion of the Pueblo Trust 
                Fund that the Pueblo elects to withdraw pursuant to 
                that subparagraph, subject to the condition that the 
                amounts shall be used for the purposes described in 
                this Act.
                    (C) Inclusions.--An expenditure plan under this 
                paragraph shall include a description of the manner and 
                purpose for which the amounts proposed to be withdrawn 
                from the Pueblo Trust Fund will be used by the Pueblo, 
                in accordance with this subsection and subsection (g).
                    (D) Approval.--The Secretary shall approve an 
                expenditure plan submitted under subparagraph (A) if 
                the Secretary determines that the plan--
                            (i) is reasonable; and
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan to ensure that amounts disbursed under this 
                paragraph are used in accordance with this Act.
    (f) Effect of Section.--Nothing in this section gives the Pueblos 
the right to judicial review of a determination of the Secretary 
relating to whether to approve a Tribal management plan under paragraph 
(1) of subsection (e) or an expenditure plan under paragraph (2) of 
that subsection except under subchapter II of chapter 5, and chapter 7, 
of title 5, United States Code (commonly known as the ``Administrative 
Procedure Act'').
    (g) Uses.--Amounts from a Pueblo Trust Fund may only be used by the 
appropriate Pueblo for the following purposes:
            (1) Planning, permitting, designing, engineering, 
        constructing, reconstructing, replacing, rehabilitating, 
        operating, or repairing water production, treatment, or 
        delivery infrastructure, including for domestic and municipal 
        use, on-farm improvements, or wastewater infrastructure.
            (2) Watershed protection and enhancement, support of 
        agriculture, water-related Pueblo community welfare and 
        economic development, and costs related to implementation of 
        the Agreement.
            (3) Planning, permitting, designing, engineering, 
        construction, reconstructing, replacing, rehabilitating, 
        operating, or repairing water production of delivery 
        infrastructure of the Augmentation Project, as set forth in the 
        Agreement.
            (4) Ensuring environmental compliance in the development 
        and construction of projects under this Act.
    (h) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from a Pueblo Trust Fund by a Pueblo under paragraph (1) or 
(2) of subsection (e).
    (i) Expenditure Reports.--Each Pueblo shall annually submit to the 
Secretary an expenditure report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management plan or an 
expenditure plan under paragraph (1) or (2) of subsection (e), as 
applicable.
    (j) No Per Capita Distributions.--No portion of a Pueblo Trust Fund 
shall be distributed on a per capita basis to any member of a Pueblo.
    (k) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from a Pueblo Trust Fund shall 
remain in the appropriate Pueblo.
    (l) Operation, Maintenance, and Replacement.--All operation, 
maintenance, and replacement costs of any project constructed using 
funds from a Pueblo Trust Fund shall be the responsibility of the 
appropriate Pueblo.

SEC. 7. FUNDING.

    (a) Mandatory Appropriation.--Out of any money in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary--
            (1) for deposit in the Pueblo of Jemez Settlement Trust 
        Fund established under section 6(a) $290,000,000, to remain 
        available until expended, withdrawn, or reverted to the general 
        fund of the Treasury; and
            (2) for deposit in the Pueblo of Zia Settlement Trust Fund 
        established under that section $200,000,000, to remain 
        available until expended, withdrawn, or reverted to the general 
        fund of the Treasury.
    (b) Fluctuation in Costs.--
            (1) In general.--The amount appropriated under subsection 
        (a) shall be increased or decreased, as appropriate, by such 
        amounts as may be justified by reason of ordinary fluctuations 
        in costs, as indicated by the Bureau of Reclamation 
        Construction Cost Index-Composite Trend.
            (2) Construction costs adjustment.--The amount appropriated 
        under subsection (a) shall be adjusted to address construction 
        cost changes necessary to account for unforeseen market 
        volatility that may not otherwise be captured by engineering 
        cost indices, as determined by the Secretary, including 
        repricing applicable to the types of construction and current 
        industry standards involved.
            (3) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the applicable amount, as adjusted, has been 
        appropriated.
            (4) Period of indexing.--The period of indexing adjustment 
        under this subsection for any increment of funding shall start 
        on October 1, 2021, and end on the date on which the funds are 
        deposited in the applicable Pueblo Trust Fund.
    (c) State Cost Share.--The State shall contribute--
            (1) $3,400,000, as adjusted for inflation pursuant to the 
        Agreement, to the San Ysidro Community Ditch Association for 
        capital and operating expenses of the mutual benefit 
        Augmentation Project;
            (2) $16,159,000, as adjusted for inflation pursuant to the 
        Agreement, for Jemez River Basin Water Users Coalition acequia 
        ditch improvements; and
            (3) $500,000, as adjusted for inflation, to mitigate 
        impairment to non-Pueblo domestic and livestock groundwater 
        rights as a result of new Pueblo water use.

SEC. 8. WAIVERS AND RELEASES OF CLAIMS.

    (a) In General.--
            (1) Waivers and releases of claims by pueblos and united 
        states as trustee for pueblos.--Subject to the reservation of 
        rights and retention of claims under subsection (c), as 
        consideration for recognition of the Pueblo Water Right and 
        other benefits described in the Agreement and this Act, the 
        Pueblos and the United States, acting as trustee for the 
        Pueblos, shall execute a waiver and release of all claims for--
                    (A) water rights within the Jemez River Stream 
                System that the Pueblos, or the United States acting as 
                trustee for the Pueblos, asserted or could have 
                asserted in any proceeding, including the Adjudication, 
                on or before the Enforceability Date, except to the 
                extent that such a right is recognized in the Agreement 
                and this Act; and
                    (B) damages, losses, or injuries to water rights or 
                claims of interference with, diversion of, or taking of 
                water (including claims for injury to land resulting 
                from such damages, losses, injuries, interference, 
                diversion, or taking) in the Jemez River Stream System 
                against any party to a settlement, including the 
                members and parciantes of signatory acequias, that 
                accrued at any time up to and including the 
                Enforceability Date.
            (2) Waivers and releases of claims by pueblos against 
        united states.--Subject to the reservation of rights and 
        retention of claims under subsection (c), each Pueblo shall 
        execute a waiver and release of all claims against the United 
        States (including any agency or employee of the United States) 
        for water rights within the Jemez River Stream System first 
        arising before the Enforceability Date relating to--
                    (A) water rights within the Jemez River Stream 
                System that the United States, acting as trustee for 
                the Pueblos, asserted or could have asserted in any 
                proceeding, including the Adjudication, except to the 
                extent that such rights are recognized as part of the 
                Pueblo Water Right under this Act;
                    (B) foregone benefits from non-Pueblo use of water, 
                on and off Pueblo Land (including water from all 
                sources and for all uses), within the Jemez River 
                Stream System;
                    (C) damage, loss, or injury to water, water rights, 
                land, or natural resources due to loss of water or 
                water rights (including damages, losses, or injuries to 
                hunting, fishing, gathering, or cultural rights due to 
                loss of water or water rights, claims relating to 
                interference with, diversion of, or taking of water, or 
                claims relating to a failure to protect, acquire, 
                replace, or develop water, water rights, or water 
                infrastructure) within the Jemez River Stream System;
                    (D) a failure to establish or provide a municipal, 
                rural, or industrial water delivery system on Pueblo 
                Land within the Jemez River Stream System;
                    (E) damage, loss, or injury to water, water rights, 
                land, or natural resources due to construction, 
                operation, and management of irrigation projects on 
                Pueblo Land or Federal land (including damages, losses, 
                or injuries to fish habitat, wildlife, and wildlife 
                habitat) within the Jemez River Stream System;
                    (F) a failure to provide for operation, 
                maintenance, or deferred maintenance for any irrigation 
                system or irrigation project within the Jemez River 
                Stream System;
                    (G) a failure to provide a dam safety improvement 
                to a dam on Pueblo Land within the Jemez River Stream 
                System;
                    (H) the litigation of claims relating to any water 
                right of a Pueblo within the Jemez River Stream System; 
                and
                    (I) the negotiation, execution, or adoption of the 
                Agreement (including exhibits or appendices) and this 
                Act.
    (b) Effective Date.--The waivers and releases described in 
subsection (a) shall take effect on the Enforceability Date.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases under subsection (a), the Pueblos and the 
United States, acting as trustee for the Pueblos, shall retain all 
claims relating to--
            (1) the enforcement of, or claims accruing after the 
        Enforceability Date relating to water rights recognized under 
        the Agreement relating to, any final court decree or this Act;
            (2) activities affecting the quality of water, including 
        claims under--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.), including claims for damages to natural 
                resources;
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (commonly referred to as the 
                ``Clean Water Act''); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A) through (C);
            (3) the right to use and protect water rights acquired 
        after the date of enactment of this Act;
            (4) damage, loss, or injury to land or natural resources 
        that is not due to loss of water or water rights, including 
        hunting, fishing, gathering, or cultural rights;
            (5) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act or the Agreement; and
            (6) loss of water or water rights in locations outside of 
        the Jemez River Stream System.
    (d) Effect of Agreement and Act.--Nothing in the Agreement or this 
Act--
            (1) reduces or extends the sovereignty (including civil and 
        criminal jurisdiction) of any government entity;
            (2) affects the ability of the United States, as sovereign, 
        to carry out any activity authorized by law, including--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (commonly referred to as the 
                ``Clean Water Act'');
                    (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.); and
                    (E) any regulations implementing the Acts described 
                in subparagraphs (A) though (D);
            (3) affects the ability of the United States to act as 
        trustee for the Pueblos (consistent with this Act), any other 
        Pueblo or Indian Tribe, or an allottee of any other Indian 
        Tribe;
            (4) confers jurisdiction on any State court--
                    (A) to interpret Federal law relating to health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                any other party under Federal law regarding health, 
                safety, or the environment;
                    (C) to conduct judicial review of any Federal 
                agency action; or
                    (D) to interpret Pueblo or Tribal law; or
            (5) waives any claim of a member of a Pueblo in an 
        individual capacity that does not derive from a right of the 
        Pueblos.
    (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 Enforceability 
        Date.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitation or any time-based equitable 
        defense under any other applicable law.
    (f) Expiration.--
            (1) In general.--This Act shall expire in any case in which 
        the Secretary fails to publish a statement of findings under 
        section 10 by not later than--
                    (A) July 1, 2030; or
                    (B) such alternative later date as is agreed to by 
                the Pueblos and the Secretary, after providing 
                reasonable notice to the State.
            (2) Consequences.--If this Act expires under paragraph 
        (1)--
                    (A) the waivers and releases under subsection (a) 
                shall--
                            (i) expire; and
                            (ii) have no further force or effect;
                    (B) the authorization, ratification, confirmation, 
                and execution of the Agreement under section 4 shall no 
                longer be effective;
                    (C) any action carried out by the Secretary, and 
                any contract or agreement entered into, pursuant to 
                this Act shall be void;
                    (D) any unexpended Federal funds appropriated or 
                made available to carry out the activities authorized 
                by this Act, together with any interest earned on those 
                funds, and any water rights or contracts to use water 
                and title to other property acquired or constructed 
                with Federal funds appropriated or made available to 
                carry out the activities authorized by this Act shall 
                be returned to the Federal Government, unless otherwise 
                agreed to by the Pueblos and the United States and 
                approved by Congress; and
                    (E) except for Federal funds used to acquire or 
                construct property that is returned to the Federal 
                Government under subparagraph (D), the United States 
                shall be entitled to offset any Federal funds made 
                available to carry out this Act that were expended or 
                withdrawn, or any funds made available to carry out 
                this Act from other Federal authorized sources, 
                together with any interest accrued on those funds, 
                against any claims against the United States--
                            (i) relating to--
                                    (I) water rights in the State 
                                asserted by--
                                            (aa) the Pueblos; or
                                            (bb) any user of the Pueblo 
                                        Water Right; or
                                    (II) any other matter covered by 
                                subsection (a)(2); or
                            (ii) in any future settlement of water 
                        rights of the Pueblos.

SEC. 9. SATISFACTION OF CLAIMS.

    The benefits provided under this Act shall be in complete 
replacement of, complete substitution for, and full satisfaction of any 
claim of the Pueblos against the United States that are waived and 
released by the Pueblos pursuant to section 8(a).

SEC. 10. ENFORCEABILITY DATE.

    The Enforceability Date shall be the date on which the Secretary 
publishes in the Federal Register a statement of findings that--
            (1) to the extent that the Agreement conflicts with this 
        Act, the Agreement has been amended to conform with this Act;
            (2) the Agreement, as amended, includes the waivers and 
        releases of claims set forth in section 8, and has been 
        executed by all parties to the Agreement, including the United 
        States;
            (3) the United States District Court for the District of 
        New Mexico has approved the Agreement and has entered a Partial 
        Final Judgment and Decree;
            (4) all of the amounts appropriated under section 7 have 
        been appropriated and deposited in the designated accounts of 
        the applicable Pueblo Trust Fund;
            (5) the State has--
                    (A) provided the funding under section 7(c)(2) into 
                appropriate funding accounts;
                    (B) provided the funding under section 7(c)(1) or 
                entered into a funding agreement with the intended 
                beneficiaries for that funding; and
                    (C) enacted legislation to amend State law to 
                provide that a Pueblo Water Right may be leased for a 
                term of not to exceed 99 years, including renewals; and
            (6) the waivers and releases under section 8(a) have been 
        executed by the Pueblos and the Secretary.

SEC. 11. MISCELLANEOUS PROVISIONS.

    (a) No Waiver of Sovereign Immunity by the United States.--Nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian Tribe, band, or community 
other than the Pueblos.
    (c) Effect on Current Law.--Nothing in this Act affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to pre-enforcement 
review of any Federal environmental enforcement action.
    (d) Conflict.--In the event of a conflict between the Agreement and 
this Act, this Act shall control.

SEC. 12. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this Act, including any 
obligation or activity under the Agreement, if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act.
                                 <all>