[Congressional Record Volume 154, Number 129 (Thursday, July 31, 2008)]
[Senate]
[Pages S7916-S7925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 3381. A bill to authorize the Secretary of the Interior, acting 
through the Commissioner of Reclamation, to develop water 
infrastructure in the Rio Grande Basin, and to approve the settlement 
of the water rights claims of the Pueblos of Nambe, Pojoaque, San 
Ildefonso, Tesuque, and Taos; to the Committee on Indian Affairs.
  Mr. DOMENICI. Mr. President, during the previous session I introduced 
legislation to address the funding of Indian water rights claims that 
are of utmost importance in the west, and in particular, within the 
State of New Mexico. Since that time many parties have met for 
countless hours in New Mexico and here in Washington to address how 
these claims could be resolved and finally settled. Rather than spend 
countless hours in litigation, these groups have sat down and worked 
through these issues in a very productive manner.

[[Page S7917]]

  As a result, today I am pleased to come before you to introduce, on 
behalf of myself and Senator Bingaman, the Aamodt and Taos Pueblo 
Indian Water Rights Settlement Act of 2008. This legislation will 
resolve these long-standing Indian water rights claims within New 
Mexico and authorize a source of Federal funding to resolve them.
  The Aamodt litigation in New Mexico was filed in 1966 and is the 
longest-standing litigation in the Federal judiciary system. The hard 
work that each party put into the settlement process demonstrates that 
negotiated settlements, with multiple parties working together, can 
best determine how to allocate scarce water supplies among diverse 
parties in a way that does not curtail existing uses. This bill will 
result in additional economic development and improved health benefits 
within these communities.
  The resolution of these claims will not only improve the lives of 
many within these communities by providing a safe and reliable water 
supply, but will also improve the ability of New Mexico to effectively 
undertake water rights planning in the near and long-term future.
  As I have stated before, the costs of not settling these claims in 
New Mexico are dire. The legislation before us will ensure that our 
obligations to these communities are met and that they will have safe 
and reliable water systems.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3381

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

     SECTION 1. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Table of contents.

               TITLE I--AAMODT LITIGATION SETTLEMENT ACT

Sec. 101. Short title.
Sec. 102. Definitions.

            Subtitle A--Pojoaque Basin Regional Water System

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

       Subtitle B--Pojoaque Basin Indian Water Rights Settlement

Sec. 121. Settlement Agreement and contract approval.
Sec. 122. Environmental compliance.
Sec. 123. Conditions precedent and enforcement date.
Sec. 124. Waivers and releases.
Sec. 125. Effect.

        TITLE II--TAOS PUEBLO INDIAN WATER RIGHTS SETTLEMENT ACT

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

               TITLE I--AAMODT LITIGATION SETTLEMENT ACT

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DEFINITIONS.

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

[[Page S7918]]

       (I) depicted in the final project design, as modified by 
     the drawings reflecting the completed Regional Water System; 
     and
       (II) described in the Operating Agreement.

       (B) Inclusions.--The term ``Pueblo Water Facility'' 
     includes--
       (i) the barrier dam and infiltration project on the Rio 
     Pojoaque described in the Engineering Report; and
       (ii) the Tesuque Pueblo infiltration pond described in the 
     Engineering Report.
       (19) Regional water system.--
       (A) In general.--The term ``Regional Water System'' means 
     the Regional Water System described in section 111(a).
       (B) Exclusions.--The term ``Regional Water System'' does 
     not include the County or Pueblo water supply delivered 
     through the Regional Water System.
       (20) San juan-chama project.--The term ``San Juan-Chama 
     Project'' means the Project authorized by section 8 of the 
     Act of June 13, 1962 (76 Stat. 96, 97) and the Act of April 
     11, 1956 (70 Stat. 105).
       (21) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (22) Settlement agreement.--The term ``Settlement 
     Agreement'' means the stipulated and binding agreement among 
     the State, the Pueblos, the United States, the County, and 
     the City dated January 19, 2006, and signed by all of the 
     government parties to the Settlement Agreement (other than 
     the United States) on May 3, 2006 and as amended in 
     conformity with this Act.
       (23) State.--The term ``State'' means the State of New 
     Mexico.

            Subtitle A--Pojoaque Basin Regional Water System

     SEC. 111. AUTHORIZATION OF REGIONAL WATER SYSTEM.

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

     SEC. 112. OPERATING AGREEMENT.

       (a) In General.--The Pueblos and the County shall submit to 
     the Secretary an executed Operating Agreement for the 
     Regional Water System that is consistent with this Act, the 
     Settlement Agreement, and the Cost-Sharing and System 
     Integration Agreement not later than 180 days after the later 
     of--
       (1) the date of completion of environmental compliance and 
     permitting; or
       (2) the date of issuance of a final project design for the 
     Regional Water System under section 111(b).
       (b) Approval.--Not later than 180 days after receipt of the 
     operating agreement described in subsection (a), the 
     Secretary shall approve the Operating Agreement upon 
     determination that the Operating Agreement is consistent with 
     this Act, the Settlement Agreement, and the Cost-Sharing and 
     System Integration Agreement.
       (c) Contents.--The Operating Agreement shall include--
       (1) provisions consistent with the Settlement Agreement and 
     the Cost-Sharing and System Integration Agreement and 
     necessary to implement the intended benefits of the Regional 
     Water System described in those documents;
       (2) provisions for--
       (A) the distribution of water conveyed through the Regional 
     Water System, including a delineation of--
       (i) distribution lines for the County Distribution System;
       (ii) distribution lines for the Pueblo Water Facilities; 
     and

[[Page S7919]]

       (iii) distribution lines that serve both--

       (I) the County Distribution System; and
       (II) the Pueblo Water Facilities;

       (B) the allocation of the Regional Water System capacity;
       (C) the terms of use of unused water capacity in the 
     Regional Water System;
       (D) the construction of additional infrastructure and the 
     acquisition of associated rights-of-way or easements 
     necessary to enable any of the Pueblos or the County to fully 
     use water allocated to the Pueblos or the County from the 
     Regional Water System, including provisions addressing when 
     the construction of such additional infrastructure requires 
     approval by the Authority;
       (E) the allocation and payment of annual operation, 
     maintenance, and replacement costs for the Regional Water 
     System, including the portions of the Regional Water System 
     that are used to treat, transmit, and distribute water to 
     both the Pueblo Water Facilities and the County Water 
     Utility;
       (F) the operation of wellfields located on Pueblo land;
       (G) the transfer of any water rights necessary to provide 
     the Pueblo water supply described in section 113(a);
       (H) the operation of the Regional Water System with respect 
     to the water supply, including the allocation of the water 
     supply in accordance with section 3.1.8.4.2 of the Settlement 
     Agreement so that, in the event of a shortage of supply to 
     the Regional Water System, the supply to each of the Pueblos' 
     and to the County's distribution system shall be reduced on a 
     prorata basis, in proportion to each distribution system's 
     most current annual use; and
       (I) dispute resolution; and
       (3) provisions for operating and maintaining the Regional 
     Water System facilities before and after conveyance under 
     section 111(h), including provisions to--
       (A) ensure that--
       (i) the operation of, and the diversion and conveyance of 
     water by, the Regional Water System is in accordance with the 
     Settlement Agreement;
       (ii) the wells in the Regional Water System are used in 
     conjunction with the surface water supply of the Regional 
     Water System to ensure a reliable firm supply of water to all 
     users of the Regional Water System, consistent with the 
     intent of the Settlement Agreement that surface supplies will 
     be used to the maximum extent feasible;
       (iii) the respective obligations regarding delivery, 
     payment, operation, and management are enforceable; and
       (iv) the County has the right to serve any new water users 
     located on non-Pueblo land in the Pojoaque Basin; and
       (B) allow for any aquifer storage and recovery projects 
     that are approved by the Office of the New Mexico State 
     Engineer.
       (d) Effect.--Nothing in this title precludes the Operating 
     Agreement from authorizing phased or interim operations if 
     the Regional Water System is constructed in phases.

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

       (a) In General.--For the purpose of providing a reliable 
     firm supply of water from the Regional Water System for the 
     Pueblos in accordance with the Settlement Agreement, the 
     Secretary, on behalf of the Pueblos, shall--
       (1) acquire water rights to--
       (A) 302 acre-feet of Nambe reserved water described in 
     section 2.6.2 of the Settlement Agreement pursuant to section 
     117(c)(1)(C); and
       (B) 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;
       (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 Act of June 
     13, 1962 (76 Stat. 96, 97) (San Juan-Chama Project Act) under 
     water rights held by the Secretary; and
       (3) by application to the State Engineer, obtain approval 
     to divert the water acquired and made available under 
     paragraphs (1) and (2) at the points of diversion for the 
     Regional Water System, consistent with the Settlement 
     Agreement and the Cost-Sharing and System Integration 
     Agreement.
       (b) Forfeiture.--The nonuse of the water supply secured by 
     the Secretary for the Pueblos under subsection (a) shall in 
     no event result in forfeiture, abandonment, relinquishment, 
     or other loss thereof.
       (c) Trust.--The Pueblo water supply secured under 
     subsection (a) shall be held by the United States in trust 
     for the Pueblos.
       (d) Contract for San Juan-Chama Project Water Supply.--With 
     respect to the contract for the water supply required by 
     subsection (a)(2), such San Juan-Chama Project contract shall 
     be pursuant to the following terms:
       (1) Waivers.--Notwithstanding the provisions of the Act of 
     June 13, 1962 (76 Stat, 96, 97) or any other provision of 
     law--
       (A) the Secretary shall waive the entirety of the Pueblos' 
     share of the construction costs for the San Juan-Chama 
     Project, and pursuant to that waiver, the Pueblos' share of 
     all construction costs for the San Juan-Chama Project, 
     inclusive of both principal and interest, due from 1972 to 
     the execution of the contract required by subsection (a)(2), 
     shall be nonreimbursable;
       (B) the Secretary's waiver of each Pueblo's share of the 
     construction costs for the San Juan-Chama Project will not 
     result in an increase in the pro rata shares of other San 
     Juan-Chama Project water contractors, but such costs shall be 
     absorbed by the United States Treasury or otherwise 
     appropriated to the Department of the Interior; and
       (C) the costs associated with any water made available from 
     the San Juan-Chama Project which were determined 
     nonreimbursable and nonreturnable pursuant to Pub. L. 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.
       (e) Limitation.--The Secretary shall use the water supply 
     secured under subsection (a) only for the purposes described 
     in the Settlement Agreement.
       (f) Fulfillment of Water Supply Acquisition Obligations.--
     Compliance with subsections (a) through (e) shall satisfy any 
     and all obligations of the Secretary to acquire or secure a 
     water supply for the Pueblos pursuant to the Settlement 
     Agreement.
       (g) Rights of Pueblos in Settlement Agreement Unaffected.--
     Notwithstanding the provisions of subsections (a) through 
     (f), the Pueblos, the County or the Regional Water Authority 
     may acquire any additional water rights to ensure all parties 
     to the Settlement Agreement receive the full allocation of 
     water provided by the Settlement Agreement and nothing in 
     this Act amends or modifies the quantities of water allocated 
     to the Pueblos thereunder.

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

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

[[Page S7920]]

     the operation, maintenance, and replacement costs associated 
     with the use of capacity or water.

     SEC. 115. AAMODT SETTLEMENT PUEBLOS' FUND.

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

     SEC. 116. ENVIRONMENTAL COMPLIANCE.

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

     SEC. 117. AUTHORIZATION OF APPROPRIATIONS.

       (a) Regional Water System.--
       (1) In general.--Subject to paragraph (4), there is 
     authorized to be appropriated to the Secretary for the 
     planning, design, and construction of the Regional Water 
     System and the conduct of environmental compliance activities 
     under section 116 a total of $106,400,000 between fiscal 
     years 2009 and 2021.
       (2) Priority of funding.--Of the amounts authorized under 
     paragraph (1), the Secretary shall give priority to funding--
       (A) the construction of the San Ildefonso portion of the 
     Regional Water System, consisting of--
       (i) the surface water diversion, treatment, and 
     transmission facilities at San Ildefonso Pueblo; and
       (ii) the San Ildefonso Pueblo portion of the Pueblo Water 
     Facilities; and
       (B) that part of the Regional Water System providing 475 
     acre-feet to Pojoaque Pueblo pursuant to section 2.2 of the 
     Settlement Agreement.
       (3) Adjustment.--The amount authorized under paragraph (1) 
     shall be adjusted annually to account for increases in 
     construction costs since October 1, 2006, as determined using 
     applicable engineering cost indices.
       (4) Limitations.--
       (A) In general.--No amounts shall be made available under 
     paragraph (1) for the construction of the Regional Water 
     System until the date on which the United States District 
     Court for the District of New Mexico issues an order 
     approving the Settlement Agreement.
       (B) Record of decision.--No amounts made available under 
     paragraph (1) shall be expended unless the record of decision 
     issued by the Secretary after completion of an environmental 
     impact statement provides for a preferred alternative that is 
     in substantial compliance with the proposed Regional Water 
     System, as defined in the Engineering Report.
       (b) Acquisition of Water Rights.--There is authorized to be 
     appropriated to the Secretary funds for the acquisition of 
     the water rights under section 113(a)(1)(B)--
       (1) in the amount of $5,400,000.00 if such acquisition is 
     completed by December 31, 2009; and
       (2) the amount authorized under paragraph (b)(1) shall be 
     adjusted according to the CPI Urban Index commencing January 
     1, 2010.
       (c) Aamodt Settlement Pueblos' Fund.--
       (1) In general.--There is authorized to be appropriated to 
     the Fund the following amounts for the period of fiscal years 
     2009 through 2021:
       (A) $8,000,000, which shall be allocated to the Pueblos, in 
     accordance with section 2.7.1 of the Settlement Agreement, 
     for the rehabilitation, improvement, operation, maintenance, 
     and replacement of the agricultural delivery facilities, 
     waste water systems, and other water-related infrastructure 
     of the applicable Pueblo. The amount authorized herein shall 
     be adjusted according to the CPI Urban Index commencing 
     October 1, 2006.
       (B) $37,500,000, which shall be allocated to an account, to 
     be established not later than January 1, 2016, to assist the 
     Pueblos in paying the Pueblos' share of the cost of 
     operating, maintaining, and replacing the Pueblo Water 
     Facilities and the Regional Water System.
       (C) $5,000,000 and any interest thereon, which shall be 
     allocated to the Pueblo of Nambe for the acquisition of the 
     Nambe reserved water rights in accordance with section 
     113(a)(1)(A). The amount authorized herein shall be adjusted 
     according to the CPI Urban Index commencing January 1, 2011. 
     The funds provided under this section may be used by the 
     Pueblo of Nambe only for the acquisition of land, other real 
     property interests, or economic development.
       (2) Operation, maintenance, and replacement costs.--
       (A) In general.--Prior to conveyance of the Regional Water 
     System pursuant to section 111, the Secretary shall pay any 
     operation, maintenance or replacement costs associated with 
     the Pueblo Water Facilities or the Regional Water System up 
     to an amount that does not exceed $5,000,000, which is 
     authorized to be appropriated to the Secretary.
       (B) Obligation of the federal government after 
     completion.--Except as provided in section 113(a)(4)(B), 
     after construction of the Regional Water System is completed 
     and the amounts required to be deposited in the account have 
     been deposited under this section the Federal Government 
     shall have no obligation to pay for the operation, 
     maintenance, and replacement costs of the Regional Water 
     System.

       Subtitle B--Pojoaque Basin Indian Water Rights Settlement

     SEC. 121. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.

       (a) Approval.--To the extent the Settlement Agreement and 
     the Cost-Sharing and System Integration Agreement do not 
     conflict with this title, the Settlement Agreement and the 
     Cost-Sharing and System Integration Agreement (including any 
     amendments to the Settlement Agreement and the Cost-Sharing 
     and System Integration Agreement that are executed to make 
     the Settlement Agreement or the Cost-Sharing and System 
     Integration Agreement consistent with this title) are 
     authorized, ratified, and confirmed.
       (b) Execution.--To the extent the Settlement Agreement and 
     the Cost-Sharing and System Integration Agreement do not 
     conflict with this title, the Secretary shall execute the 
     Settlement Agreement and the Cost-Sharing and System 
     Integration Agreement (including any amendments that are

[[Page S7921]]

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

     SEC. 122. ENVIRONMENTAL COMPLIANCE.

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

     SEC. 123. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

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

     SEC. 124. WAIVERS AND RELEASES.

       (a) Claims by the Pueblo and the United States.--The 
     Pueblos, on behalf of themselves and their members, and the 
     United States, acting in its capacity as trustee for the 
     Pueblos, as part of their obligations under the Settlement 
     Agreement, shall each execute a waiver and release of--
       (1) all past, present, and future claims to surface and 
     groundwater rights that the Pueblos, or the United States on 
     behalf of the Pueblos, asserted or could have asserted in the 
     Aamodt Case;
       (2) all past, present, and future claims for damages, 
     losses or injuries to water rights or claims of interference, 
     diversion or taking of water for lands within the Pojoaque 
     Basin that accrued at any time up to and including the 
     enforcement date identified in section 123(b), that the 
     Pueblos or their members, or the United States on behalf of 
     the Pueblos, asserted or could have asserted against the 
     parties to the Aamodt Case;
       (3) their defenses in the Aamodt Case to the claims 
     previously asserted therein by the other Settlement Parties; 
     and
       (4) all pending inter se challenges against other parties 
     to the Settlement Agreement.
       (b) Claims by the Pueblos.--The Pueblos, on behalf of 
     themselves and their members, as part of their obligations 
     under the Settlement Agreement, shall execute a waiver and 
     release of--
       (1) all causes of action against the United States, its 
     agencies, or employees, arising out of all past, present, and 
     future claims for water rights that were asserted, or could 
     have been asserted, by the United States as trustee for the 
     Pueblos and on behalf of the Pueblos in the Aamodt case;
       (2) all claims for damages, losses or injuries to water 
     rights or claims of interference, diversion or taking of 
     water for lands within the Pojoaque Basin that accrued at any 
     time up to and including the enforcement date identified in 
     section 123(b), that the Pueblos or their members may have 
     against the United States, its agencies, or employees; and
       (3) all claims arising out of or resulting from the 
     negotiation or the adoption of the Settlement Agreement, 
     exhibits thereto, the Final Decree, or this title, that the 
     Pueblos of their members may have against the United States, 
     its agencies, agents or employees.
       (c) Reservation of Rights and Retention of Claims.--
     Notwithstanding subsections (a) and (b), and except as 
     otherwise provided in the Settlement Agreement, the Pueblos 
     and the United States shall retain--
       (1) all claims for water rights or injuries to water rights 
     arising out of activities occurring outside the Pojoaque 
     Basin except insofar as such claims are specifically 
     addressed in the Cost-Sharing and System Integration 
     Agreement;
       (2) all claims for enforcement of the Settlement Agreement, 
     the Final Decree, or this title, through such legal and 
     equitable remedies as may be available in any court of 
     competent jurisdiction;
       (3) all rights to use and protect water rights acquired 
     pursuant to state law to the extent not inconsistent with the 
     Final Decree and the Settlement Agreement;
       (4) all claims relating to activities affecting the quality 
     of water; and
       (5) all rights, remedies, privileges, immunities, powers, 
     and claims not specifically waived and released pursuant to 
     the Settlement Agreement or this title.
       (d) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the Enforcement 
     Date.
       (2) No revival of claims.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.

     SEC. 125. EFFECT.

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

        TITLE II--TAOS PUEBLO INDIAN WATER RIGHTS SETTLEMENT ACT

     SEC. 201. SHORT TITLE.

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

     SEC. 202. PURPOSE.

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

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Eligible non-pueblo entities.--The term ``Eligible Non-
     Pueblo Entities'' means the Town of Taos, EPWSD, and the New 
     Mexico Department of Finance and Administration Local 
     Government Division on behalf

[[Page S7922]]

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

     SEC. 204. PUEBLO RIGHTS.

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

     SEC. 205. PUEBLO WATER INFRASTRUCTURE AND WATERSHED 
                   ENHANCEMENT.

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

     SEC. 206. TAOS PUEBLO WATER DEVELOPMENT FUND.

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

     SEC. 207. MARKETING.

       (a) Pueblo Water Rights.--Subject to the approval of the 
     Secretary in accordance with subsection (e), the Pueblo may 
     market water rights secured to it under the Settlement 
     Agreement and Partial Final Decree, provided that such 
     marketing is in accordance with this section.
       (b) Pueblo Contract Rights to San Juan-Chama Project 
     Water.--Subject to the approval of the Secretary in 
     accordance with

[[Page S7923]]

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

     SEC. 208. MUTUAL-BENEFIT PROJECTS.

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

     SEC. 209. SAN JUAN-CHAMA PROJECT CONTRACTS.

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

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

       (a) Ratification.--
       (1) In general.--Except to the extent that any provision of 
     the Settlement Agreement conflicts with any provision of this 
     title, the Settlement Agreement is authorized, ratified, and 
     confirmed.
       (2) Amendments.--To the extent amendments are executed to 
     make the Settlement Agreement consistent with this title, 
     such amendments are also authorized, ratified, and confirmed.
       (b) Execution of Settlement Agreement.--To the extent that 
     the Settlement Agreement does not conflict with this title, 
     the Secretary shall execute the Settlement Agreement, 
     including all exhibits to the Settlement Agreement requiring 
     the signature of the Secretary and any amendments necessary 
     to make the Settlement Agreement consistent with this title, 
     after the Pueblo has executed the Settlement Agreement and 
     any such amendments.
       (c) Authorization of Appropriations.--
       (1) Taos pueblo infrastructure and watershed fund.--There 
     is authorized to be appropriated to the Secretary to provide 
     grants pursuant to section 205, $30,000,000, as adjusted 
     under paragraph (4), for the period of fiscal years 2009 
     through 2015.
       (2) Taos pueblo water development fund.--There is 
     authorized to be appropriated to the Taos Pueblo Water 
     Development Fund, established at section 206(a), $50,000,000, 
     as adjusted under paragraph (4), for the period of fiscal 
     years 2009 through 2015.
       (3) Mutual-benefit projects funding.--There is further 
     authorized to be appropriated to the Secretary to provide 
     grants pursuant to section 208, a total of $33,000,000, as 
     adjusted under paragraph (4), for the period of fiscal years 
     2009 through 2015.
       (4) Adjustments to amounts authorized.--The amounts 
     authorized to be appropriated under paragraphs (1) through 
     (3) shall be adjusted by such amounts as may be required by 
     reason of changes since April 1, 2007, in construction costs, 
     as indicated by engineering cost indices applicable to the 
     types of construction or rehabilitation involved.
       (5) Deposit in fund.--Except for the funds to be provided 
     to the Pueblo pursuant to section 205(d), the Secretary shall 
     deposit the funds made available pursuant to paragraphs (1) 
     and (3) into a Taos Settlement Fund to be established within 
     the Treasury of the United States so that such funds may be 
     made available to the Pueblo and the Eligible Non-Pueblo 
     Entities upon the Enforcement Date as set forth in sections 
     205(b) and 208(a).
       (d) Authority of the Secretary.--The Secretary is 
     authorized to enter into such agreements and to take such 
     measures as the Secretary may deem necessary or appropriate 
     to fulfill the intent of the Settlement Agreement and this 
     title.
       (e) Environmental Compliance.--
       (1) Effect of execution of settlement agreement.--The 
     Secretary's execution of the Settlement Agreement shall not 
     constitute a major Federal action under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) Compliance with environmental laws.--In carrying out 
     this title, the Secretary shall comply with each law of the 
     Federal Government relating to the protection of the 
     environment, including--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (f) Conditions Precedent and Secretarial Finding.--
       (1) In general.--Upon the fulfillment of the conditions 
     precedent described in paragraph (2), the Secretary shall 
     publish in the Federal Register a statement of finding that 
     the conditions have been fulfilled.
       (2) Conditions.--The conditions precedent referred to in 
     paragraph (1) are the following:
       (A) The President has signed into law the Taos Pueblo 
     Indian Water Rights Settlement Act.
       (B) To the extent that the Settlement Agreement conflicts 
     with this title, the Settlement Agreement has been revised to 
     conform with this title.
       (C) The Settlement Agreement, so revised, including waivers 
     and releases pursuant to section 211, has been executed by 
     the Parties and the Secretary prior to the Parties' motion 
     for entry of the Partial Final Decree.

[[Page S7924]]

       (D) Congress has fully appropriated or the Secretary has 
     provided from other authorized sources all funds authorized 
     by paragraphs (1) through (3) of subsection (c) so that the 
     entire amounts so authorized have been previously provided to 
     the Pueblo pursuant to sections 205 and 206, or placed in the 
     Taos Pueblo Water Development Fund or the Taos Settlement 
     Fund as directed in subsection (c).
       (E) The Legislature of the State of New Mexico has fully 
     appropriated the funds for the State contributions as 
     specified in the Settlement Agreement, and those funds have 
     been deposited in appropriate accounts.
       (F) The State of New Mexico has enacted legislation that 
     amends NMSA 1978, section 72-6-3 to state that a water use 
     due under a water right secured to the Pueblo under the 
     Settlement Agreement or the Partial Final Decree may be 
     leased for a term, including all renewals, not to exceed 99 
     years, provided that this condition shall not be construed to 
     require that said amendment state that any State law based 
     water rights acquired by the Pueblo or by the United States 
     on behalf of the Pueblo may be leased for said term.
       (G) A Partial Final Decree that sets forth the water rights 
     and contract rights to water to which the Pueblo is entitled 
     under the Settlement Agreement and this title and that 
     substantially conforms to the Settlement Agreement and 
     Attachment 5 thereto has been approved by the Court and has 
     become final and nonappealable.
       (g) Enforcement Date.--The Settlement Agreement shall 
     become enforceable, and the waivers and releases executed 
     pursuant to section 211 and the limited waiver of sovereign 
     immunity set forth in section 212(a) shall become effective, 
     as of the date that the conditions precedent described in 
     subsection (f)(2) have been fulfilled.
       (h) Expiration Date.--
       (1) In general.--If all of the conditions precedent 
     described in section (f)(2) have not been fulfilled by 
     December 31, 2015, the Settlement Agreement shall be null and 
     void, the waivers and releases executed pursuant to section 
     211 shall not become effective, and any unexpended Federal 
     funds, together with any income earned thereon, and title to 
     any property acquired or constructed with expended Federal 
     funds, shall be returned to the Federal Government, unless 
     otherwise agreed to by the Parties in writing and approved by 
     Congress.
       (2) Exception.--Notwithstanding subsection (h)(1) or any 
     other provision of law, any unexpended Federal funds, 
     together with any income earned thereon, made available under 
     sections 205(d) and 206(f) and title to any property acquired 
     or constructed with expended Federal funds made available 
     under sections 205(d) and 206(f) shall be retained by the 
     Pueblo.
       (3) Right to set-off.--In the event the conditions 
     precedent set forth in subsection (f)(2) have not been 
     fulfilled by December 31, 2015, the United States shall be 
     entitled to set off any funds expended or withdrawn from the 
     amount appropriated pursuant to paragraphs (1) and (2) of 
     subsection (c) or made available from other authorized 
     sources, together with any interest accrued, against any 
     claims asserted by the Pueblo against the United States 
     relating to water rights in the Taos Valley.

     SEC. 211. WAIVERS AND RELEASES.

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

     SEC. 212. INTERPRETATION AND ENFORCEMENT.

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

     SEC. 213. DISCLAIMER.

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

  Mr. BINGAMAN. Mr. President, today Senator Domenici and I are 
introducing a bill that I am pleased to say, will help end contentious 
disputes over water rights claims in two long-standing general stream 
adjudications in northern New Mexico. The bill accomplishes this by 
authorizing two Indian water rights settlements. The first is a 
settlement involving the

[[Page S7925]]

water rights claims of the Nambe, Pojoaque, San Ildefonso, and Tesuque 
Pueblos in the Rio Pojoaque stream system, north of Santa Fe. The 
second settlement resolves Taos Pueblo's water rights claims in the Rio 
Pueblo de Taos stream system.
  The Rio Pojoaque stream adjudication is known as the Aamodt case, and 
it's my understanding that it's the longest active case in the Federal 
court system nationwide. The case began in 1966, and since that time 
has been actively litigated before the district court in New Mexico and 
the Tenth Circuit Court of Appeals. Forty years of litigation resolved 
very little, certainly not what the parties accomplished by engaging 
directly with each other in an attempt to resolve their differences. 
The Aamodt Litigation Settlement Act represents an agreement by the 
parties that will 1. secure water to meet the present and future needs 
of the four Pueblos involved in the litigation; 2. protect the 
interests and rights of long-standing water users, including century-
old irrigation practices; and 3. ensure that water is available for 
municipal and domestic needs for all residents in the Pojoaque basin. 
Negotiation of this agreement was a lengthy process and the parties had 
to renegotiate several issues to address local, State, and Federal 
policy concerns. In the end, however, their commitment to solving the 
water supply issues in the basin prevailed.
  The Rio Pueblo de Taos adjudication is a dispute that is almost 40 
years old. Similar to the Aamodt case, little has been resolved by the 
pending litigation. The parties have been in settlement discussions for 
well over a decade but it was not until the last 5 years that the 
discussions took on the sense of urgency needed to resolve the issues 
at hand. The settlement will fulfill the rights of the Pueblo 
consistent with the Federal trust responsibility, while continuing the 
practice of sharing the water necessary to protect the sustainability 
of traditional agricultural communities. The town of Taos and other 
local entities are also secure in their ability to access the water 
necessary to meet municipal and domestic needs. The Taos Pueblo Indian 
Water Rights Settlement Act represents a commonsense set of solutions 
that all parties to the adjudication have a stake in implementing.
  Both settlements are widely supported in their respective 
communities. Moreover, the State of New Mexico, under Governor 
Richardson's leadership, deserves special recognition for actively 
pursuing a settlement in both of these matters and committing 
significant resources so that the Federal Government does not have to 
bear the entire cost of these settlements. To the extent that going 
concerns may exist by some remaining water users, I am committed to 
continuing the dialog about the value of these settlements.
  This bill is critical for New Mexico's future. I look forward to 
working with my colleagues in the Senate to see that it gets enacted 
into law. The U.S. Supreme Court once characterized the Federal 
Government's responsibilities to Indian tribes as ``moral obligation of 
the highest responsibility and trust.'' This bill is an attempt to 
ensure that the Government lives up to that standard, and does so in a 
manner that also addresses the needs of the Pueblos' neighbors.
                                 ______