[Congressional Record Volume 155, Number 67 (Monday, May 4, 2009)]
[Senate]
[Pages S5071-S5076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Udall of New Mexico):
  S. 965. A bill to approve the Taos Pueblo Indian Water Rights 
Settlement Agreement, and for other purposes; to the Committee on 
Indian Affairs.
  Mr. BINGAMAN. Mr. President, today Senator Udall and I are 
introducing a bill that will end an ongoing water rights dispute in 
northern New Mexico. The bill accomplishes this by authorizing a water 
rights settlement resolving Taos Pueblo's water rights claims in the 
Rio Pueblo de Taos, a tributary to the Rio Grande.
  The Rio Pueblo de Taos adjudication is a dispute that is almost 40 
years old. 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. A settlement agreement was signed by the Pueblo, State, and 
other interested parties in March 2006. Federal legislation was then 
finalized and introduced last year. Progress was made on the bill, 
including hearings in both the House and Senate which resulted in the 
identification of a few more issues which needed to be addressed. The 
parties negotiated a resolution to these issues and legislation to 
authorize and implement the settlement is now ready to move forward.
  The settlement will fulfill the rights of the Pueblo consistent with 
the Federal trust responsibility. It will also continue the tradition 
of sharing precious water resources in a manner necessary to protect 
the sustainability of traditional agricultural communities. Finally, 
the Town of Taos and other local entities are assured of accessing the 
water necessary to meet municipal and domestic needs. In sum, the Taos 
Pueblo Indian Water Rights Settlement Act represents a commonsense

[[Page S5072]]

set of solutions that all parties to the adjudication have a stake in 
implementing.
  This legislation is widely supported in the Taos Valley, probably as 
close to a consensus as any water-related agreement can get in the 
West. The State of New Mexico, under Governor Richardson's leadership, 
deserves recognition for actively pursuing a settlement in this matter 
and committing financial resources in recognition of the importance of 
this matter to all water users in the basin.
  This bill, as with any water rights settlement, is crucial to New 
Mexico's future. In an arid State such as ours, the legal system is 
poorly equipped to allocate water and create the infrastructure needed 
for its efficient use. Negotiated agreements between the parties, the 
State Engineer, and the Federal Government are much more likely to lead 
to long-term solutions that allow for the use of water in a sustainable 
manner. This legislation builds upon the provisions included in the 
Navajo water rights settlement enacted into law on March 30, 2009 as 
part of the Omnibus Public Lands bill. That settlement, and each 
subsequent one, will help provide more certainty and less conflict with 
respect to the allocation and use of water in New Mexico. I look 
forward to working with my colleagues in the Senate, as well as the 
House of Representatives, to see that this bill gets enacted into law.
  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. 965

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Taos 
     Pueblo Indian Water Rights Settlement Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Pueblo rights.
Sec. 5. Pueblo water infrastructure and watershed enhancement.
Sec. 6. Taos Pueblo Water Development Fund.
Sec. 7. Marketing.
Sec. 8. Mutual-Benefit Projects.
Sec. 9. San Juan-Chama Project contracts.
Sec. 10. Authorizations, ratifications, confirmations, and conditions 
              precedent.
Sec. 11. Waivers and releases.
Sec. 12. Interpretation and enforcement.
Sec. 13. Disclaimer.

     SEC. 2. PURPOSE.

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. PUEBLO RIGHTS.

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

     SEC. 5. PUEBLO WATER INFRASTRUCTURE AND WATERSHED 
                   ENHANCEMENT.

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

     SEC. 6. TAOS PUEBLO WATER DEVELOPMENT FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Taos Pueblo 
     Water Development Fund'' (hereinafter, ``Fund'') to be used 
     to pay or reimburse costs incurred by the Pueblo for--
       (1) acquiring water rights;
       (2) planning, permitting, designing, engineering, 
     constructing, reconstructing, replacing, rehabilitating, 
     operating, or repairing water production, treatment or 
     delivery infrastructure, on-farm improvements, or wastewater 
     infrastructure;
       (3) restoring, preserving and protecting the Buffalo 
     Pasture, including planning, permitting, designing, 
     engineering, constructing, operating, managing and replacing 
     the Buffalo Pasture Recharge Project;
       (4) administering the Pueblo's water rights acquisition 
     program and water management and administration system; and
       (5) for watershed protection and enhancement, support of 
     agriculture, water-related Pueblo community welfare and 
     economic development, and costs related to the negotiation, 
     authorization, and implementation of the Settlement 
     Agreement.
       (b) Management of the Fund.--The Secretary shall manage the 
     Fund, invest amounts in the Fund, and make monies available 
     from the Fund for distribution to

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     the Pueblo consistent with the American Indian Trust Fund 
     Management Reform Act of 1994 (25 U.S.C. 4001, et seq.) 
     (hereinafter, ``Trust Fund Reform Act''), this Act, and the 
     Settlement Agreement.
       (c) Investment of the Fund.--Upon the Enforcement Date, the 
     Secretary shall invest amounts in the Fund in accordance 
     with--
       (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 
     U.S.C. 161);
       (2) the first section of the Act of June 24, 1938 (52 Stat. 
     1037, ch. 648, 25 U.S.C. 162a); and
       (3) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (d) Availability of Amounts From the Fund.--Upon the 
     Enforcement Date, all monies deposited in the Fund pursuant 
     to section 10(c)(2) or made available from other authorized 
     sources, shall be available to the Pueblo for expenditure or 
     withdrawal after the requirements of subsection (e) have been 
     met.
       (e) Expenditures and Withdrawal.--
       (1) Tribal management plan.--
       (A) In general.--The Pueblo may withdraw all or part of the 
     Fund on approval by the Secretary of a tribal management plan 
     as described in the Trust Fund Reform Act.
       (B) Requirements.--In addition to the requirements under 
     the Trust Fund Reform Act, the tribal management plan shall 
     require that the Pueblo spend any funds in accordance with 
     the purposes described in subsection (a).
       (2) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the requirement that monies 
     withdrawn from the Fund are used for the purposes specified 
     in subsection (a).
       (3) Liability.--If the Pueblo exercises the right to 
     withdraw monies from the Fund, neither the Secretary nor the 
     Secretary of the Treasury shall retain any liability for the 
     expenditure or investment of the monies withdrawn.
       (4) Expenditure plan.--
       (A) In general.--The Pueblo shall submit to the Secretary 
     for approval an expenditure plan for any portions of the 
     funds made available under this Act that the Pueblo does not 
     withdraw under paragraph (1)(A).
       (B) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, amounts 
     remaining in the Fund will be used.
       (C) Approval.--On receipt of an expenditure plan under 
     subparagraph (A), the Secretary shall approve the plan if the 
     Secretary determines that the plan is reasonable and 
     consistent with this Act.
       (5) Annual report.--The Pueblo shall submit to the 
     Secretary an annual report that describes all expenditures 
     from the Fund during the year covered by the report.
       (f) Funds Available Upon Appropriation.--Notwithstanding 
     subsection (d), $15,000,000 of the monies authorized to be 
     appropriated pursuant to section 10(c)(2)--
       (1) shall be available upon appropriation or made available 
     from other authorized sources for the Pueblo's acquisition of 
     water rights pursuant to Article 5.1.1.2.3 of the Settlement 
     Agreement, the Buffalo Pasture Recharge Project, 
     implementation of the Pueblo's water rights acquisition 
     program and water management and administration system, the 
     design, planning, and permitting of water or wastewater 
     infrastructure eligible for funding under sections 5 or 6, or 
     costs related to the negotiation, authorization, and 
     implementation of the Settlement Agreement; and
       (2) shall be distributed by the Secretary to the Pueblo on 
     receipt by the Secretary from the Pueblo of a written notice 
     and a Tribal Council resolution that describes the purposes 
     under paragraph (1) for which the monies will be used.
       (g) No Per Capita Distributions.--No part of the Fund shall 
     be distributed on a per capita basis to members of the 
     Pueblo.

     SEC. 7. MARKETING.

       (a) Pueblo Water Rights.--Subject to the approval of the 
     Secretary in accordance with subsection (e), the Pueblo may 
     market water rights secured to it under the Settlement 
     Agreement and Partial Final Decree, provided that such 
     marketing is in accordance with this section.
       (b) Pueblo Contract Rights to San Juan-Chama Project 
     Water.--Subject to the approval of the Secretary in 
     accordance with subsection (e), the Pueblo may subcontract 
     water made available to the Pueblo under the contract 
     authorized under section 9(b)(1)(A) to third parties to 
     supply water for use within or without the Taos Valley, 
     provided that the delivery obligations under such subcontract 
     are not inconsistent with the Secretary's existing San Juan-
     Chama Project obligations and such subcontract is in 
     accordance with this section.
       (c) Limitation.--
       (1) In general.--Diversion or use of water off Pueblo lands 
     pursuant to Pueblo water rights or Pueblo contract rights to 
     San Juan-Chama Project water shall be subject to and not 
     inconsistent with the same requirements and conditions of 
     State law, any applicable Federal law, and any applicable 
     interstate compact as apply to the exercise of water rights 
     or contract rights to San Juan-Chama Project water held by 
     non-Federal, non-Indian entities, including all applicable 
     State Engineer permitting and reporting requirements.
       (2) Effect on water rights.--Such diversion or use off 
     Pueblo lands under paragraph (1) shall not impair water 
     rights or increase surface water depletions within the Taos 
     Valley.
       (d) Maximum Term.--
       (1) In general.--The maximum term of any water use lease or 
     subcontract, including all renewals, shall not exceed 99 
     years in duration.
       (2) Alienation of rights.--The Pueblo shall not permanently 
     alienate any rights it has under the Settlement Agreement, 
     the Partial Final Decree, and this Act.
       (e) Approval of Secretary.--The Secretary shall approve or 
     disapprove any lease or subcontract submitted by the Pueblo 
     for approval not later than--
       (1) 180 days after submission; or
       (2) 60 days after compliance, if required, with section 
     102(2)(C) of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332(2)(C)), or any other requirement of Federal 
     law, whichever is later, provided that no Secretarial 
     approval shall be required for any water use lease or 
     subcontract with a term of less than 7 years.
       (f) No Forfeiture or Abandonment.--The nonuse by a lessee 
     or subcontractor of the Pueblo of any right to which the 
     Pueblo is entitled under the Partial Final Decree shall in no 
     event result in a forfeiture, abandonment, relinquishment, or 
     other loss of all or any part of those rights.
       (g) No Preemption.--
       (1) In general.--The approval authority of the Secretary 
     provided under subsection (e) shall not amend, construe, 
     supersede, or preempt any State or Federal law, interstate 
     compact, or international treaty that pertains to the 
     Colorado River, the Rio Grande, or any of their tributaries, 
     including the appropriation, use, development, storage, 
     regulation, allocation, conservation, exportation, or 
     quantity of those waters.
       (2) Applicable law.--The provisions of section 2116 of the 
     Revised Statutes (25 U.S.C. 177) shall not apply to any water 
     made available under the Settlement Agreement.
       (h) No Prejudice.--Nothing in this Act shall be construed 
     to establish, address, prejudice, or prevent any party from 
     litigating whether or to what extent any applicable State 
     law, Federal law, or interstate compact does or does not 
     permit, govern, or apply to the use of the Pueblo's water 
     outside of New Mexico.

     SEC. 8. MUTUAL-BENEFIT PROJECTS.

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

     SEC. 9. SAN JUAN-CHAMA PROJECT CONTRACTS.

       (a) In General.--Contracts issued under this section shall 
     be in accordance with this Act and the Settlement Agreement.
       (b) Contracts for San Juan-Chama Project Water.--
       (1) In general.--The Secretary shall enter into 3 repayment 
     contracts by December 31, 2009, for the delivery of San Juan-
     Chama Project water in the following amounts:
       (A) 2,215 acre-feet/annum to the Pueblo.
       (B) 366 acre-feet/annum to the Town of Taos.
       (C) 40 acre-feet/annum to EPWSD.
       (2) Requirements.--Each such contract shall provide that if 
     the conditions precedent set forth in section 10(f)(2) have 
     not been fulfilled by December 31, 2015, the contract shall 
     expire on that date.
       (3) Applicable law.--Public Law 87-483 (76 Stat. 97) 
     applies to the contracts entered into under paragraph (1) and 
     no preference shall be applied as a result of section 4(a) 
     with regard to the delivery or distribution of San Juan-Chama 
     Project water or the management or operation of the San Juan-
     Chama Project.
       (c) Waiver.--With respect to the contract authorized and 
     required by subsection (b)(1)(A) and notwithstanding the 
     provisions of Public Law 87-483 (76 Stat. 96) or any other 
     provision of law--
       (1) the Secretary shall waive the entirety of the Pueblo's 
     share of the construction costs, both principal and the 
     interest, for the San Juan-Chama Project and pursuant to that 
     waiver, the Pueblo's share of all construction costs for the 
     San Juan-Chama Project, inclusive of both principal and 
     interest shall be nonreimbursable; and
       (2) the Secretary's waiver of the Pueblo's share of the 
     construction costs for the San Juan-Chama Project will not 
     result in an increase in the pro rata shares of other San

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     Juan-Chama Project water contractors, but such costs shall be 
     absorbed by the United States Treasury or otherwise 
     appropriated to the Department of the Interior.

     SEC. 10. AUTHORIZATIONS, RATIFICATIONS, CONFIRMATIONS, AND 
                   CONDITIONS PRECEDENT.

       (a) Ratification.--
       (1) In general.--Except to the extent that any provision of 
     the Settlement Agreement conflicts with any provision of this 
     Act, the Settlement Agreement is authorized, ratified, and 
     confirmed.
       (2) Amendments.--To the extent amendments are executed to 
     make the Settlement Agreement consistent with this Act, such 
     amendments are also authorized, ratified, and confirmed.
       (b) Execution of Settlement Agreement.--To the extent that 
     the Settlement Agreement does not conflict with this Act, the 
     Secretary shall execute the Settlement Agreement, including 
     all exhibits to the Settlement Agreement requiring the 
     signature of the Secretary and any amendments necessary to 
     make the Settlement Agreement consistent with this Act, after 
     the Pueblo has executed the Settlement Agreement and any such 
     amendments.
       (c) Authorization of Appropriations.--
       (1) Taos pueblo infrastructure and watershed fund.--There 
     is authorized to be appropriated to the Secretary to provide 
     grants pursuant to section 5, $30,000,000, as adjusted under 
     paragraph (4), for the period of fiscal years 2010 through 
     2016.
       (2) Taos pueblo water development fund.--There is 
     authorized to be appropriated to the Taos Pueblo Water 
     Development Fund, established at section 6(a), $58,000,000, 
     as adjusted under paragraph (4), for the period of fiscal 
     years 2010 through 2016.
       (3) Mutual-benefit projects funding.--There is further 
     authorized to be appropriated to the Secretary to provide 
     grants pursuant to section 8, a total of $33,000,000, as 
     adjusted under paragraph (4), for the period of fiscal years 
     2010 through 2016.
       (4) Adjustments to amounts authorized.--The amounts 
     authorized to be appropriated under paragraphs (1) through 
     (3) shall be adjusted by such amounts as may be required by 
     reason of changes since April 1, 2007, in construction costs, 
     as indicated by engineering cost indices applicable to the 
     types of construction or rehabilitation involved.
       (5) Deposit in fund.--Except for the funds to be provided 
     to the Pueblo pursuant to section 5(d), the Secretary shall 
     deposit the funds made available pursuant to paragraphs (1) 
     and (3) into a Taos Settlement Fund to be established within 
     the Treasury of the United States so that such funds may be 
     made available to the Pueblo and the Eligible Non-Pueblo 
     Entities upon the Enforcement Date as set forth in sections 
     5(b) and 8(a).
       (d) Authority of the Secretary.--The Secretary is 
     authorized to enter into such agreements and to take such 
     measures as the Secretary may deem necessary or appropriate 
     to fulfill the intent of the Settlement Agreement and this 
     Act.
       (e) Environmental Compliance.--
       (1) Effect of execution of settlement agreement.--The 
     Secretary's execution of the Settlement Agreement shall not 
     constitute a major Federal action under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) Compliance with environmental laws.--In carrying out 
     this Act, the Secretary shall comply with each law of the 
     Federal Government relating to the protection of the 
     environment, including--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (f) Conditions Precedent and Secretarial Finding.--
       (1) In general.--Upon the fulfillment of the conditions 
     precedent described in paragraph (2), the Secretary shall 
     publish in the Federal Register a statement of finding that 
     the conditions have been fulfilled.
       (2) Conditions.--The conditions precedent referred to in 
     paragraph (1) are the following:
       (A) The President has signed into law the Taos Pueblo 
     Indian Water Rights Settlement Act.
       (B) To the extent that the Settlement Agreement conflicts 
     with this Act, the Settlement Agreement has been revised to 
     conform with this Act.
       (C) The Settlement Agreement, so revised, including waivers 
     and releases pursuant to section 11, has been executed by the 
     Parties and the Secretary prior to the Parties' motion for 
     entry of the Partial Final Decree.
       (D) Congress has fully appropriated or the Secretary has 
     provided from other authorized sources all funds authorized 
     by paragraphs (1) through (3) of subsection (c) so that the 
     entire amounts so authorized have been previously provided to 
     the Pueblo pursuant to sections 5 and 6, or placed in the 
     Taos Pueblo Water Development Fund or the Taos Settlement 
     Fund as directed in subsection (c).
       (E) The Legislature of the State of New Mexico has fully 
     appropriated the funds for the State contributions as 
     specified in the Settlement Agreement, and those funds have 
     been deposited in appropriate accounts.
       (F) The State of New Mexico has enacted legislation that 
     amends NMSA 1978, section 72-6-3 to state that a water use 
     due under a water right secured to the Pueblo under the 
     Settlement Agreement or the Partial Final Decree may be 
     leased for a term, including all renewals, not to exceed 99 
     years, provided that this condition shall not be construed to 
     require that said amendment state that any State law based 
     water rights acquired by the Pueblo or by the United States 
     on behalf of the Pueblo may be leased for said term.
       (G) A Partial Final Decree that sets forth the water rights 
     and contract rights to water to which the Pueblo is entitled 
     under the Settlement Agreement and this Act and that 
     substantially conforms to the Settlement Agreement and 
     Attachment 5 thereto has been approved by the Court and has 
     become final and nonappealable.
       (g) Enforcement Date.--The Settlement Agreement shall 
     become enforceable, and the waivers and releases executed 
     pursuant to section 11 and the limited waiver of sovereign 
     immunity set forth in section 12(a) shall become effective, 
     as of the date that the Secretary publishes the notice 
     required by subsection (f)(1).
       (h) Expiration Date.--
       (1) In general.--If all of the conditions precedent 
     described in section (f)(2) have not been fulfilled by 
     December 31, 2016, the Settlement Agreement shall be null and 
     void, the waivers and releases executed pursuant to section 
     11 and the sovereign immunity waivers in section 12(a) shall 
     not become effective, and any unexpended Federal funds, 
     together with any income earned thereon, and title to any 
     property acquired or constructed with expended Federal funds, 
     shall be returned to the Federal Government, unless otherwise 
     agreed to by the Parties in writing and approved by Congress.
       (2) Exception.--Notwithstanding subsection (h)(1) or any 
     other provision of law, any unexpended Federal funds, 
     together with any income earned thereon, made available under 
     sections 5(d) and 6(f) and title to any property acquired or 
     constructed with expended Federal funds made available under 
     sections 5(d) and 6(f) shall be retained by the Pueblo.
       (3) Right to set-off.--In the event the conditions 
     precedent set forth in subsection (f)(2) have not been 
     fulfilled by December 31, 2016, the United States shall be 
     entitled to set off any funds expended or withdrawn from the 
     amount appropriated pursuant to paragraphs (1) and (2) of 
     subsection (c) or made available from other authorized 
     sources, together with any interest accrued, against any 
     claims asserted by the Pueblo against the United States 
     relating to water rights in the Taos Valley.

     SEC. 11. WAIVERS AND RELEASES.

       (a) Claims by the Pueblo and the United States.--In return 
     for recognition of the Pueblo's water rights and other 
     benefits, including but not limited to the commitments by 
     non-Pueblo parties, as set forth in the Settlement Agreement 
     and this Act, the Pueblo, on behalf of itself and its 
     members, and the United States acting in its capacity as 
     trustee for the Pueblo are authorized to execute a waiver and 
     release of claims against the parties to New Mexico v. Abeyta 
     and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) 
     and 7939-BB (U.S. D.N.M.) (consolidated) from--
       (1) all claims for water rights in the Taos Valley that the 
     Pueblo, or the United States acting in its capacity as 
     trustee for the Pueblo, asserted, or could have asserted, in 
     any proceeding, including but not limited to in New Mexico v. 
     Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 
     D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated), up to and 
     including the Enforcement Date, except to the extent that 
     such rights are recognized in the Settlement Agreement or 
     this Act;
       (2) all claims for water rights, whether for consumptive or 
     nonconsumptive use, in the Rio Grande mainstream or its 
     tributaries that the Pueblo, or the United States acting in 
     its capacity as trustee for the Pueblo, asserted or could 
     assert in any water rights adjudication proceedings except 
     those claims based on Pueblo or United States ownership of 
     lands or water rights acquired after the Enforcement Date, 
     provided that nothing in this paragraph shall prevent the 
     Pueblo or the United States from fully participating in the 
     inter se phase of any such water rights adjudication 
     proceedings;
       (3) all claims for damages, losses or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including but not limited to claims for injury to 
     lands resulting from such damages, losses, injuries, 
     interference with, diversion, or taking) in the Rio Grande 
     mainstream or its tributaries or for lands within the Taos 
     Valley that accrued at any time up to and including the 
     Enforcement Date; and
       (4) all claims against the State of New Mexico, its 
     agencies, or employees relating to the negotiation or the 
     adoption of the Settlement Agreement.
       (b) Claims by the Pueblo Against the United States.--The 
     Pueblo, on behalf of itself and its members, is authorized to 
     execute a waiver and release of--
       (1) all claims against the United States, its agencies, or 
     employees relating to claims for water rights in or water of 
     the Taos Valley that the United States acting in its capacity 
     as trustee for the Pueblo asserted, or could have asserted, 
     in any proceeding, including but not limited to in New Mexico 
     v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896-BB 
     (U.S.6 D.N.M.) and 7939-BB (U.S. D.N.M.) (consolidated);
       (2) all claims against the United States, its agencies, or 
     employees relating to damages, losses, or injuries to water, 
     water rights, land, or natural resources due to loss of

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     water or water rights (including but not limited to damages, 
     losses or injuries to hunting, fishing, gathering, or 
     cultural rights due to loss of water or water rights, claims 
     relating to interference with, diversion or taking of water 
     or water rights, or claims relating to failure to protect, 
     acquire, replace, or develop water, water rights or water 
     infrastructure) in the Rio Grande mainstream or its 
     tributaries or within the Taos Valley that first accrued at 
     any time up to and including the Enforcement Date;
       (3) all claims against the United States, its agencies, or 
     employees for an accounting of funds appropriated by the Act 
     of March 4, 1929 (45 Stat. 1562), the Act of March 4, 1931 
     (46 Stat. 1552), the Act of June 22, 1936 (49 Stat. 1757), 
     the Act of August 9, 1937 (50 Stat. 564), and the Act of May 
     9, 1938 (52 Stat. 291) as authorized by the Pueblo Lands Act 
     of June 7, 1924 (43 Stat. 636) and the Pueblo Lands Act of 
     May 31, 1933 ( 48 Stat. 108) and for breach of trust relating 
     to funds for water replacement appropriated by said Acts that 
     first accrued before the date of enactment of this Act;
       (4) all claims against the United States, its agencies, or 
     employees relating to the pending litigation of claims 
     relating to the Pueblo's water rights in New Mexico v. Abeyta 
     and New Mexico v. Arellano, Civil Nos. 7896-BB (U.S.6 D.N.M.) 
     and 7939-BB (U.S. D.N.M.) (consolidated); and
       (5) all claims against the United States, its agencies, or 
     employees relating to the negotiation, Execution or the 
     adoption of the Settlement Agreement, exhibits thereto, the 
     Final Decree, or this Act.
       (c) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases authorized in this 
     Act, the Pueblo on behalf of itself and its members and the 
     United States acting in its capacity as trustee for the 
     Pueblo retain--
       (1) all claims for enforcement of the Settlement Agreement, 
     the Final Decree, including the Partial Final Decree, the San 
     Juan-Chama Project contract between the Pueblo and the United 
     States, or this Act;
       (2) all claims against persons other than the Parties to 
     the Settlement Agreement for damages, losses or injuries to 
     water rights or claims of interference with, diversion or 
     taking of water rights (including but not limited to claims 
     for injury to lands resulting from such damages, losses, 
     injuries, interference with, diversion, or taking of water 
     rights) within the Taos Valley arising out of activities 
     occurring outside the Taos Valley or the Taos Valley Stream 
     System;
       (3) all rights to use and protect water rights acquired 
     after the date of enactment of this Act;
       (4) all rights to use and protect water rights acquired 
     pursuant to State law, to the extent not inconsistent with 
     the Partial Final Decree and the Settlement Agreement 
     (including water rights for the land the Pueblo owns in 
     Questa, New Mexico);
       (5) all claims relating to activities affecting the quality 
     of water including but not limited to any claims the Pueblo 
     might have under the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) (including but not limited to claims for damages to 
     natural resources), the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.), the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), and the regulations implementing those 
     Acts;
       (6) all claims relating to damages, losses, or injuries to 
     land or natural resources not due to loss of water or water 
     rights (including but not limited to hunting, fishing, 
     gathering, or cultural rights); and
       (7) all rights, remedies, privileges, immunities, powers, 
     and claims not specifically waived and released pursuant to 
     this Act and the Settlement Agreement.
       (d) Effect of Section.--Nothing in the Settlement Agreement 
     or this Act--
       (1) affects the ability of the United States acting in its 
     sovereign capacity to take actions authorized by law, 
     including but not limited to any laws relating to health, 
     safety, or the environment, including but not limited to the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
     the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.), and the 
     regulations implementing such Acts;
       (2) affects the ability of the United States to take 
     actions acting in its capacity as trustee for any other 
     Indian Tribe or allottee;
       (3) confers jurisdiction on any State court to--
       (A) interpret Federal law regarding health, safety, or the 
     environment or determine the duties of the United States or 
     other parties pursuant to such Federal law; or
       (B) conduct judicial review of Federal agency action; or
       (4) waives any claim of a member of the Pueblo in an 
     individual capacity that does not derive from a right of the 
     Pueblo.
       (e) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the earlier of--
       (A) December 31, 2016; or
       (B) the Enforcement Date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this subsection precludes the 
     tolling of any period of limitations or any time-based 
     equitable defense under any other applicable law.

     SEC. 12. INTERPRETATION AND ENFORCEMENT.

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

     SEC. 13. DISCLAIMER.

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

  Mr. UDALL of New Mexico. Mr. President, today I join Senator Bingaman 
in introducing a bill to complete the Abeyta water settlement in 
northern New Mexico. Introduction of this bill represents a major 
milestone in the resolution of Taos Pueblo's water rights claims in the 
Rio Pueblo de Taos. Years of work and negotiation have gone into the 
settlement, and I am pleased that the tribes, village, city, county, 
acequias, and community groups involved were able to come to an 
agreement that is mutually beneficial to all the users of this 
tributary to the Rio Grande.
  New Mexico is a State rich with tradition and culture, where the 
water resources are scarce and precious. As is common in most of the 
arid West, this vital but limited commodity can foster conflict between 
communities and individuals, and in a State where the history is long 
and complex, disputes over water are uniquely complicated. But, despite 
the complications surrounding water tenure, New Mexicans are united in 
a common respect for this resource. From the pueblos and tribes of New 
Mexico, to the historic acequias and growing communities, water is 
fundamental to both survival and cultural traditions, and is respected 
as such. The Abeyta settlement is an example of communities and the 
tribe coming together to resolve their differences and find a way to 
ensure that everyone has access to this precious and respected 
resource.
  The Abeyta settlement establishes the water claims of the Pueblo of 
Taos, the Taos Valley Acequia Association, the Village of El Prado, and 
the Town of Taos. These communities depend heavily on agriculture and 
irrigation for both traditional practices and subsistence. The 
settlement ensures water for both agricultural and domestic use, and 
facilitates the rehabilitation of irrigation infrastructure. 
Additionally, the settlement helps to protect the quality of water in 
the watershed by protecting and recharging the wetlands areas of the 
Taos Pueblo's buffalo pasture. After years of negotiation, the parties 
involved in this important settlement have come to an agreement based 
on respect for cultural practices and a commitment to live as good 
neighbors sharing a common resource. I invite my colleagues to take 
note of the unprecedented level of cooperation, negotiation, and mutual 
support manifest in this settlement.
  It has been said that the wars of the future will be fought over 
access to water. In New Mexico, we are setting a different precedent--a 
precedent of respect and compromise. One that will help us move into 
the future with well-established partnerships and a commitment to 
conserve and manage this vital resource to the benefit of all. I am 
honored to join Senator Bingaman today in introducing this legislation 
that will bring the Pueblo of Taos and the surrounding community one 
step closer to establishing a secure water future.

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