[Congressional Record Volume 155, Number 78 (Wednesday, May 20, 2009)]
[Senate]
[Pages S5717-S5723]
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. 1105. 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 
lldefonso, and Tesuque; to the Committee on Indian Affairs.
  Mr. BINGAMAN. Mr. President, today Senator Udall and I are 
introducing a bill that will help end a contentious dispute over water 
rights claims in the Rio Pojoaque general stream adjudication in New 
Mexico. This is accomplished by authorizing an Indian water rights 
settlement of the claims being pursued by the Nambe, Pojoaque, San 
Ildefonso, and Tesuque Pueblos in the Rio Pojoaque basin north of Santa 
Fe.
  This general stream adjudication is known as the Aamodt case, and I 
believe it is 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 New Mexico District Court and the Tenth 
Circuit Court of Appeals. Forty years of litigation has resolved very 
little in the basin. Fortunately, the parties to the case took matters 
into their own hands. By engaging directly with each other they have 
resolved their differences, something the litigation could not 
accomplish. The Aamodt Litigation Settlement Act represents an 
agreement by the parties that will secure water to meet the present and 
future needs of the four Pueblos involved in the litigation; protect 
the interests and rights of longstanding water users, including 
century-old irrigation practices; and 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. In the end, 
however, the parties' commitment to solving water supply issues in the 
basin prevailed.
  Legislation to implement this settlement was introduced in the 110th 
Congress. Hearings were held in both the House and Senate and based on 
the submitted testimony a number of changes were made to address 
concerns with the legislation. These changes help standardize the 
Pueblos' waivers of claims as part of the settlement; limit the 
settlement's impact on the Federal budget; and allows for flexibility 
in developing the size and scope of the regional water system in 
response to local concerns.
  This settlement is widely supported in the region and it is time to 
move swiftly to enact this legislation. The State of New Mexico 
deserves recognition for actively pursuing a settlement of this matter 
and committing significant resources so that the Federal government 
does not bear the entire cost of the settlement. The bill is critical 
to New Mexico's future since it provides certainty in allocating water 
in a perennially water-short area of the state. It also helps address a 
long-neglected responsibility of the Federal Government to protect the 
rights and interests of these Pueblos. I look forward to working with 
my colleagues in the Senate as well as the House of Representatives to 
enact this legislation as soon as possible.
  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. 1105

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

             TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

Sec. 101. Authorization of Regional Water System.
Sec. 102. Operating Agreement.
Sec. 103. Acquisition of Pueblo water supply for the Regional Water 
              System.
Sec. 104. Delivery and allocation of Regional Water System capacity and 
              water.
Sec. 105. Aamodt Settlement Pueblos' Fund.
Sec. 106. Environmental compliance.
Sec. 107. Authorization of appropriations.

        TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

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

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Aamodt case.--The term ``Aamodt Case'' means the civil 
     action entitled State of New Mexico, ex rel. State Engineer 
     and United States of America, Pueblo de Nambe, Pueblo de 
     Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. 
     R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.).
       (2) Acre-feet.--The term ``acre-feet'' means acre-feet of 
     water per year.
       (3) Authority.--The term ``Authority'' means the Pojoaque 
     Basin Regional Water Authority described in section 9.5 of 
     the Settlement Agreement or an alternate entity acceptable to 
     the Pueblos and the County to operate and maintain the 
     diversion and treatment facilities, certain transmission 
     pipelines, and other facilities of the Regional Water System.
       (4) City.--The term ``City'' means the city of Santa Fe, 
     New Mexico.
       (5) Cost-sharing and system integration agreement.--The 
     term ``Cost-Sharing and System Integration Agreement'' means 
     the agreement to be executed by the United States, the State, 
     the Pueblos, the County, and the City that--
       (A) describes the location, capacity, and management 
     (including the distribution of water to customers) of the 
     Regional Water System; and
       (B) allocates the costs of the Regional Water System with 
     respect to--
       (i) the construction, operation, maintenance, and repair of 
     the Regional Water System;
       (ii) rights-of-way for the Regional Water System; and
       (iii) the acquisition of water rights.

[[Page S5718]]

       (6) County.--The term ``County'' means Santa Fe County, New 
     Mexico.
       (7) County distribution system.--The term ``County 
     Distribution System'' means the portion of the Regional Water 
     System that serves water customers on non-Pueblo land in the 
     Pojoaque Basin.
       (8) County water utility.--The term ``County Water 
     Utility'' means the water utility organized by the County 
     to--
       (A) receive water distributed by the Authority; and
       (B) provide the water received under subparagraph (A) to 
     customers on non-Pueblo land in the Pojoaque Basin.
       (9) Engineering report.--The term ``Engineering Report'' 
     means the report entitled ``Pojoaque Regional Water System 
     Engineering Report'' dated September 2008 and any amendments 
     thereto, including any modifications which may be required by 
     section 101(d)(2).
       (10) Fund.--The term ``Fund'' means the Aamodt Settlement 
     Pueblos' Fund established by section 105(a).
       (11) Operating agreement.--The term ``Operating Agreement'' 
     means the agreement between the Pueblos and the County 
     executed under section 102(a).
       (12) Operations, maintenance, and replacement costs.--
       (A) In general.--The term ``operations, maintenance, and 
     replacement costs'' means all costs for the operation of the 
     Regional Water System that are necessary for the safe, 
     efficient, and continued functioning of the Regional Water 
     System to produce the benefits described in the Settlement 
     Agreement.
       (B) Exclusion.--The term ``operations, maintenance, and 
     replacement costs'' does not include construction costs or 
     costs related to construction design and planning.
       (13) Pojoaque basin.--
       (A) In general.--The term ``Pojoaque Basin'' means the 
     geographic area limited by a surface water divide (which can 
     be drawn on a topographic map), within which area rainfall 
     and runoff flow into arroyos, drainages, and named 
     tributaries that eventually drain to--
       (i) the Rio Pojoaque; or
       (ii) the 2 unnamed arroyos immediately south; and
       (iii) 2 arroyos (including the Arroyo Alamo) that are north 
     of the confluence of the Rio Pojoaque and the Rio Grande.
       (B) Inclusion.--The term ``Pojoaque Basin'' includes the 
     San Ildefonso Eastern Reservation recognized by section 8 of 
     Public Law 87-231 (75 Stat. 505).
       (14) Pueblo.--The term ``Pueblo'' means each of the pueblos 
     of Nambe, Pojoaque, San Ildefonso, or Tesuque.
       (15) Pueblos.--The term ``Pueblos'' means collectively the 
     Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.
       (16) Pueblo land.--The term ``Pueblo land'' means any real 
     property that is--
       (A) held by the United States in trust for a Pueblo within 
     the Pojoaque Basin;
       (B)(i) owned by a Pueblo within the Pojoaque Basin before 
     the date on which a court approves the Settlement Agreement; 
     or
       (ii) acquired by a Pueblo on or after the date on which a 
     court approves the Settlement Agreement, if the real property 
     is located--
       (I) within the exterior boundaries of the Pueblo, as 
     recognized and conformed by a patent issued under the Act of 
     December 22, 1858 (11 Stat. 374, chapter V); or
       (II) within the exterior boundaries of any territory set 
     aside for the Pueblo by law, executive order, or court 
     decree;
       (C) owned by a Pueblo or held by the United States in trust 
     for the benefit of a Pueblo outside the Pojoaque Basin that 
     is located within the exterior boundaries of the Pueblo as 
     recognized and confirmed by a patent issued under the Act of 
     December 22, 1858 (11 Stat. 374, chapter V); or
       (D) within the exterior boundaries of any real property 
     located outside the Pojoaque Basin set aside for a Pueblo by 
     law, executive order, or court decree, if the land is within 
     or contiguous to land held by the United States in trust for 
     the Pueblo as of January 1, 2005.
       (17) Pueblo water facility.--
       (A) In general.--The term ``Pueblo Water Facility'' means--
       (i) a portion of the Regional Water System that serves only 
     water customers on Pueblo land; and
       (ii) portions of a Pueblo water system in existence on the 
     date of enactment of this Act that serve water customers on 
     non-Pueblo land, also in existence on the date of enactment 
     of this Act, or their successors, that are--

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

       (B) Inclusions.--The term ``Pueblo Water Facility'' 
     includes--
       (i) the barrier dam and infiltration project on the Rio 
     Pojoaque described in the Engineering Report; and
       (ii) the Tesuque Pueblo infiltration pond described in the 
     Engineering Report.
       (18) Regional water system.--
       (A) In general.--The term ``Regional Water System'' means 
     the Regional Water System described in section 101(a).
       (B) Exclusions.--The term ``Regional Water System'' does 
     not include the County or Pueblo water supply delivered 
     through the Regional Water System.
       (19) San juan-chama project.--The term ``San Juan-Chama 
     Project'' means the Project authorized by section 8 of the 
     Act of June 13, 1962 (76 Stat. 96, 97), and the Act of April 
     11, 1956 (70 Stat. 105).
       (20) San juan-chama project act.--The term ``San Juan-Chama 
     Project Act'' means sections 8 through 18 of the Act of June 
     13, 1962 (76 Stat. 96, 97).
       (21) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (22) Settlement agreement.--The term ``Settlement 
     Agreement'' means the stipulated and binding agreement among 
     the State, the Pueblos, the United States, the County, and 
     the City dated January 19, 2006, and signed by all of the 
     government parties to the Settlement Agreement (other than 
     the United States) on May 3, 2006, and as amended in 
     conformity with this Act.
       (23) State.--The term ``State'' means the State of New 
     Mexico.

             TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

     SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM.

       (a) In General.--The Secretary, acting through the 
     Commissioner of Reclamation, shall plan, design, and 
     construct a regional water system in accordance with the 
     Settlement Agreement, to be known as the ``Regional Water 
     System''--
       (1) to divert and distribute water to the Pueblos and to 
     the County Water Utility, in accordance with the Engineering 
     Report; and
       (2) that consists of--
       (A) surface water diversion facilities at San Ildefonso 
     Pueblo on the Rio Grande; and
       (B) any treatment, transmission, storage and distribution 
     facilities and wellfields for the County Distribution System 
     and Pueblo Water Facilities that are necessary to supply 
     4,000 acre-feet of water within the Pojoaque Basin, unless 
     modified in accordance with subsection (d)(2).
       (b) Final Project Design.--The Secretary shall issue a 
     final project design within 90 days of completion of the 
     environmental compliance described in section 106 for the 
     Regional Water System that--
       (1) is consistent with the Engineering Report; and
       (2) includes a description of any Pueblo Water Facilities.
       (c) Acquisition of Land; Water Rights.--
       (1) Acquisition of land.--Upon request, and in exchange for 
     the funding which shall be provided in section 107(c), the 
     Pueblos shall consent to the grant of such easements and 
     rights-of-way as may be necessary for the construction of the 
     Regional Water System at no cost to the Secretary. To the 
     extent that the State or County own easements or rights-of-
     way that may be used for construction of the Regional Water 
     System, the State or County shall provide that land or 
     interest in land as necessary for construction at no cost to 
     the Secretary. The Secretary shall acquire any other land or 
     interest in land that is necessary for the construction of 
     the Regional Water System.
       (2) Water rights.--The Secretary shall not condemn water 
     rights for purposes of the Regional Water System.
       (d) Conditions for Construction.--
       (1) In general.--The Secretary shall not begin construction 
     of the Regional Water System facilities until the date on 
     which--
       (A) the Secretary executes--
       (i) the Settlement Agreement; and
       (ii) the Cost-Sharing and System Integration Agreement; and
       (B) the State and the County have entered into an agreement 
     with the Secretary to contribute the non-Federal share of the 
     costs of the construction in accordance with the Cost-Sharing 
     and System Integration Agreement.
       (2) Modifications to regional water system.--
       (A) In general.--The State and the County, in agreement 
     with the Pueblos, the City, and other signatories to the 
     Cost-Sharing and System Integration Agreement, may modify the 
     extent, size, and capacity of the County Distribution System 
     as set forth in the Cost-Sharing and System Integration 
     Agreement.
       (B) Effect.--A modification under subparagraph (A)--
       (i) shall not affect implementation of the Settlement 
     Agreement so long as the provisions in section 203 are 
     satisfied; and
       (ii) may result in an adjustment of the State and County 
     cost-share allocation as set forth in the Cost-Sharing and 
     System Integration Agreement.
       (e) Applicable Law.--The Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.) shall not 
     apply to the design and construction of the Regional Water 
     System.
       (f) Construction Costs.--
       (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 107(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

[[Page S5719]]

     payment of the State and local capital obligations described 
     in the Cost-Sharing and System Integration Agreement.
       (h) Conveyance of Regional Water System Facilities.--
       (1) In general.--Subject to paragraph (2), on completion of 
     the construction of the Regional Water System, the Secretary, 
     in accordance with the Operating Agreement, shall convey to--
       (A) each Pueblo the portion of any Pueblo Water Facility 
     that is located within the boundaries of the Pueblo, 
     including any land or interest in land located within the 
     boundaries of the Pueblo that is acquired by the United 
     States for the construction of the Pueblo Water Facility;
       (B) the County the County Distribution System, including 
     any land or interest in land acquired by the United States 
     for the construction of the County Distribution System; and
       (C) the Authority any portions of the Regional Water System 
     that remain after making the conveyances under subparagraphs 
     (A) and (B), including any land or interest in land acquired 
     by the United States for the construction of the portions of 
     the Regional Water System.
       (2) Conditions for conveyance.--The Secretary shall not 
     convey any portion of the Regional Water System facilities 
     under paragraph (1) until the date on which--
       (A) construction of the Regional Water System is complete; 
     and
       (B) the Operating Agreement is executed in accordance with 
     section 102.
       (3) Subsequent conveyance.--On conveyance by the Secretary 
     under paragraph (1), the Pueblos, the County, and the 
     Authority shall not reconvey any portion of the Regional 
     Water System conveyed to the Pueblos, the County, and the 
     Authority, respectively, unless the reconveyance is 
     authorized by an Act of Congress enacted after the date of 
     enactment of this Act.
       (4) Interest of the united states.--On conveyance of a 
     portion of the Regional Water System under paragraph (1), the 
     United States shall have no further right, title, or interest 
     in and to the portion of the Regional Water System conveyed.
       (5) Additional construction.--On conveyance of a portion of 
     the Regional Water System under paragraph (1), the Pueblos, 
     County, or the Authority, as applicable, may, at the expense 
     of the Pueblos, County, or the Authority, construct any 
     additional infrastructure that is necessary to fully use the 
     water delivered by the Regional Water System.
       (6) Liability.--
       (A) In general.--Effective on the date of conveyance of any 
     land or facility under this section, the United States shall 
     not be held liable by any court for damages of any kind 
     arising out of any act, omission, or occurrence relating to 
     the land and facilities conveyed, other than damages caused 
     by acts of negligence by the United States, or by employees 
     or agents of the United States, prior to the date of 
     conveyance.
       (B) Tort claims.--Nothing in this section increases the 
     liability of the United States beyond the liability provided 
     in chapter 171 of title 28, United States Code (commonly 
     known as the ``Federal Tort Claims Act'').
       (7) Effect.--Nothing in any transfer of ownership provided 
     or any conveyance thereto as provided in this section shall 
     extinguish the right of any Pueblo, the County, or the 
     Regional Water Authority to the continuous use and benefit of 
     each easement or right of way for the use, operation, 
     maintenance, repair, and replacement of Pueblo Water 
     Facilities, the County Distribution System or the Regional 
     Water System or for wastewater purposes as provided in the 
     Cost-Sharing and System Integration Agreement.

     SEC. 102. OPERATING AGREEMENT.

       (a) In General.--The Pueblos and the County shall submit to 
     the Secretary an executed Operating Agreement for the 
     Regional Water System that is consistent with this Act, the 
     Settlement Agreement, and the Cost-Sharing and System 
     Integration Agreement not later than 180 days after the later 
     of--
       (1) the date of completion of environmental compliance and 
     permitting; or
       (2) the date of issuance of a final project design for the 
     Regional Water System under section 101(b).
       (b) Approval.--Not later than 180 days after receipt of the 
     operating agreement described in subsection (a), the 
     Secretary shall approve the Operating Agreement upon 
     determination that the Operating Agreement is consistent with 
     this Act, the Settlement Agreement, and the Cost-Sharing and 
     System Integration Agreement.
       (c) Contents.--The Operating Agreement shall include--
       (1) provisions consistent with the Settlement Agreement and 
     the Cost-Sharing and System Integration Agreement and 
     necessary to implement the intended benefits of the Regional 
     Water System described in those documents;
       (2) provisions for--
       (A) the distribution of water conveyed through the Regional 
     Water System, including a delineation of--
       (i) distribution lines for the County Distribution System;
       (ii) distribution lines for the Pueblo Water Facilities; 
     and
       (iii) distribution lines that serve both--

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

       (B) the allocation of the Regional Water System capacity;
       (C) the terms of use of unused water capacity in the 
     Regional Water System;
       (D) the construction of additional infrastructure and the 
     acquisition of associated rights-of-way or easements 
     necessary to enable any of the Pueblos or the County to fully 
     use water allocated to the Pueblos or the County from the 
     Regional Water System, including provisions addressing when 
     the construction of such additional infrastructure requires 
     approval by the Authority;
       (E) the allocation and payment of annual operation, 
     maintenance, and replacement costs for the Regional Water 
     System, including the portions of the Regional Water System 
     that are used to treat, transmit, and distribute water to 
     both the Pueblo Water Facilities and the County Water 
     Utility;
       (F) the operation of wellfields located on Pueblo land;
       (G) the transfer of any water rights necessary to provide 
     the Pueblo water supply described in section 103(a);
       (H) the operation of the Regional Water System with respect 
     to the water supply, including the allocation of the water 
     supply in accordance with section 3.1.8.4.2 of the Settlement 
     Agreement so that, in the event of a shortage of supply to 
     the Regional Water System, the supply to each of the Pueblos' 
     and to the County's distribution system shall be reduced on a 
     prorata basis, in proportion to each distribution system's 
     most current annual use; and
       (I) dispute resolution; and
       (3) provisions for operating and maintaining the Regional 
     Water System facilities before and after conveyance under 
     section 101(h), including provisions to--
       (A) ensure that--
       (i) the operation of, and the diversion and conveyance of 
     water by, the Regional Water System is in accordance with the 
     Settlement Agreement;
       (ii) the wells in the Regional Water System are used in 
     conjunction with the surface water supply of the Regional 
     Water System to ensure a reliable firm supply of water to all 
     users of the Regional Water System, consistent with the 
     intent of the Settlement Agreement that surface supplies will 
     be used to the maximum extent feasible;
       (iii) the respective obligations regarding delivery, 
     payment, operation, and management are enforceable; and
       (iv) the County has the right to serve any new water users 
     located on non-Pueblo land in the Pojoaque Basin; and
       (B) allow for any aquifer storage and recovery projects 
     that are approved by the Office of the New Mexico State 
     Engineer.
       (d) Effect.--Nothing in this Act precludes the Operating 
     Agreement from authorizing phased or interim operations if 
     the Regional Water System is constructed in phases.

     SEC. 103. ACQUISITION OF PUEBLO WATER SUPPLY FOR THE REGIONAL 
                   WATER SYSTEM.

       (a) In General.--For the purpose of providing a reliable 
     firm supply of water from the Regional Water System for the 
     Pueblos in accordance with the Settlement Agreement, the 
     Secretary, on behalf of the Pueblos, shall--
       (1) acquire water rights to--
       (A) 302 acre-feet of Nambe reserved water described in 
     section 2.6.2 of the Settlement Agreement pursuant to section 
     107(c)(1)(C); and
       (B) 1141 acre-feet from water acquired by the County for 
     water rights commonly referred to as ``Top of the World'' 
     rights in the Aamodt Case;
       (2) make available 1079 acre-feet to the Pueblos pursuant 
     to a contract entered into among the Pueblos and the 
     Secretary in accordance with section 11 of the San Juan-Chama 
     Project Act, under water rights held by the Secretary; and
       (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) Applicable Law.--The water supply made available 
     pursuant to subsection (a)(2) shall be subject to the San 
     Juan-Chama Project Act, and no preference shall be provided 
     to the Pueblos as a result of subsection (c) with regard to 
     the delivery or distribution of San Juan-Chama Project water 
     or the management or operation of the San Juan-Chama Project.
       (e) Contract for San Juan-Chama Project Water Supply.--With 
     respect to the contract for the water supply required by 
     subsection (a)(2), such San Juan-Chama Project contract shall 
     be pursuant to the following terms:
       (1) Waivers.--Notwithstanding the provisions of the San 
     Juan-Chama Project Act, or any other provision of law--
       (A) the Secretary shall waive the entirety of the Pueblos' 
     share of the construction costs for the San Juan-Chama 
     Project, and pursuant to that waiver, the Pueblos' share of 
     all construction costs for the San Juan-Chama Project, 
     inclusive of both principal and interest, due from 1972 to 
     the execution of the contract required by subsection (a)(2), 
     shall be nonreimbursable;

[[Page S5720]]

       (B) the Secretary's waiver of each Pueblo's share of the 
     construction costs for the San Juan-Chama Project will not 
     result in an increase in the pro rata shares of other San 
     Juan-Chama Project water contractors, but such costs shall be 
     absorbed by the United States Treasury or otherwise 
     appropriated to the Department of the Interior; and
       (C) the costs associated with any water made available from 
     the San Juan-Chama Project which were determined 
     nonreimbursable and nonreturnable pursuant to Public Law No. 
     88-293, 78 Stat. 171 (March 26, 1964) shall remain 
     nonreimbursable and nonreturnable.
       (2) Termination.--The contract shall provide that it shall 
     terminate only upon the following conditions--
       (A) failure of the United States District Court for the 
     District of New Mexico to enter a final decree for the Aamodt 
     Case by December 15, 2012, or within the time period of any 
     extension of that deadline granted by the court; or
       (B) entry of an order by the United States District Court 
     for the District of New Mexico voiding the final decree and 
     Settlement Agreement for the Aamodt Case pursuant to section 
     10.3 of the Settlement Agreement.
       (f) Limitation.--The Secretary shall use the water supply 
     secured under subsection (a) only for the purposes described 
     in the Settlement Agreement.
       (g) Fulfillment of Water Supply Acquisition Obligations.--
     Compliance with subsections (a) through (f) shall satisfy any 
     and all obligations of the Secretary to acquire or secure a 
     water supply for the Pueblos pursuant to the Settlement 
     Agreement.
       (h) Rights of Pueblos in Settlement Agreement Unaffected.--
     Notwithstanding the provisions of subsections (a) through 
     (g), the Pueblos, the County or the Regional Water Authority 
     may acquire any additional water rights to ensure all parties 
     to the Settlement Agreement receive the full allocation of 
     water provided by the Settlement Agreement and nothing in 
     this Act amends or modifies the quantities of water allocated 
     to the Pueblos thereunder.

     SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL WATER SYSTEM 
                   CAPACITY AND WATER.

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

     SEC. 105. AAMODT SETTLEMENT PUEBLOS' FUND.

       (a) Establishment of the Aamodt Settlement Pueblos' Fund.--
     There is established in the Treasury of the United States a 
     fund, to be known as the ``Aamodt Settlement Pueblos' Fund,'' 
     consisting of--
       (1) such amounts as are made available to the Fund under 
     section 107(c) or other authorized sources; and
       (2) any interest earned from investment of amounts in the 
     Fund under subsection (b).
       (b) Management of the Fund.--The Secretary shall manage the 
     Fund, invest amounts in the Fund, and make amounts available 
     from the Fund for distribution to the Pueblos in accordance 
     with--
       (1) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (2) this Act.
       (c) Investment of the Fund.--On the date set forth in 
     section 203(a)(1), the Secretary shall invest amounts in the 
     Fund in accordance with--
       (1) the Act of April 1, 1880 (25 U.S.C. 161);
       (2) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a); and
       (3) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (d) Tribal Management Plan.--
       (1) In general.--A Pueblo may withdraw all or part of the 
     Pueblo's portion of the Fund on approval by the Secretary of 
     a tribal management plan as described in the American Indian 
     Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
     seq.).
       (2) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the tribal management plan shall 
     require that a Pueblo spend any amounts withdrawn from the 
     Fund in accordance with the purposes described in section 
     107(c).
       (3) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of any tribal 
     management plan to ensure that any amounts withdrawn from the 
     Fund under an approved tribal management plan are used in 
     accordance with this title.
       (4) Liability.--If a Pueblo or the Pueblos exercise the 
     right to withdraw amounts from the Fund, neither the 
     Secretary nor the Secretary of the Treasury shall retain any 
     liability for the expenditure or investment of the amounts 
     withdrawn.
       (5) Expenditure plan.--
       (A) In general.--The Pueblos shall submit to the Secretary 
     for approval an expenditure plan for any portion of the 
     amounts in the Fund that the Pueblos do not withdraw under 
     this subsection.
       (B) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, amounts 
     remaining in the Fund will be used.
       (C) Approval.--On receipt of an expenditure plan under 
     subparagraph (A), the Secretary shall approve the plan if the 
     Secretary determines that the plan is reasonable and 
     consistent with this Act, the Settlement Agreement, and the 
     Cost-Sharing and System Integration Agreement.
       (D) Annual report.--The Pueblos shall submit to the 
     Secretary an annual report that describes all expenditures 
     from the Fund during the year covered by the report.
       (6) No per capita payments.--No part of the principal of 
     the Fund, or the interest or income accruing on the principal 
     shall be distributed to any member of a Pueblo on a per 
     capita basis.
       (7) Availability of amounts from the fund.--
       (A) Approval of settlement agreement.--Amounts made 
     available under subparagraphs (A) and (C) of section 
     107(c)(1) or from other authorized sources shall be available 
     for expenditure or withdrawal only after the date on which 
     the United States District Court for the District of New 
     Mexico issues an order approving the Settlement Agreement.
       (B) Completion of certain portions of regional water 
     system.--Amounts made available under section 107(c)(1)(B) or 
     from other authorized sources shall be available for 
     expenditure or withdrawal only after those portions of the 
     Regional Water System described in section 1.5.24 of the 
     Settlement Agreement have been declared substantially 
     complete by the Secretary.
       (C) Failure to fulfill conditions precedent.--If the 
     conditions precedent in section 203 have not been fulfilled 
     by September 15, 2017, the United States shall be entitled to 
     set off any funds expended or withdrawn from the amounts 
     appropriated pursuant to section 107(c), together with any 
     interest accrued, against any claims asserted by the Pueblos 
     against the United States relating to the water rights in the 
     Pojoaque Basin.

     SEC. 106. ENVIRONMENTAL COMPLIANCE.

       (a) In General.--In carrying out this title, the Secretary 
     shall comply with each law of the Federal Government relating 
     to the protection of the environment, including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and

[[Page S5721]]

       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (b) National Environmental Policy Act.--Nothing in this Act 
     affects the outcome of any analysis conducted by the 
     Secretary or any other Federal official under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       (a) Regional Water System.--
       (1) In general.--Subject to paragraph (4), there is 
     authorized to be appropriated to the Secretary for the 
     planning, design, and construction of the Regional Water 
     System and the conduct of environmental compliance activities 
     under section 106 a total of $106,400,000 between fiscal 
     years 2010 and 2022.
       (2) Priority of funding.--Of the amounts authorized under 
     paragraph (1), the Secretary shall give priority to funding--
       (A) the construction of the San Ildefonso portion of the 
     Regional Water System, consisting of--
       (i) the surface water diversion, treatment, and 
     transmission facilities at San Ildefonso Pueblo; and
       (ii) the San Ildefonso Pueblo portion of the Pueblo Water 
     Facilities; and
       (B) that part of the Regional Water System providing 475 
     acre-feet to Pojoaque Pueblo pursuant to section 2.2 of the 
     Settlement Agreement.
       (3) Adjustment.--The amount authorized under paragraph (1) 
     shall be adjusted annually to account for increases in 
     construction costs since October 1, 2006, as determined using 
     applicable engineering cost indices.
       (4) Limitations.--
       (A) In general.--No amounts shall be made available under 
     paragraph (1) for the construction of the Regional Water 
     System until the date on which the United States District 
     Court for the District of New Mexico issues an order 
     approving the Settlement Agreement.
       (B) Record of decision.--No amounts made available under 
     paragraph (1) shall be expended unless the record of decision 
     issued by the Secretary after completion of an environmental 
     impact statement provides for a preferred alternative that is 
     in substantial compliance with the proposed Regional Water 
     System, as defined in the Engineering Report.
       (b) Acquisition of Water Rights.--There is authorized to be 
     appropriated to the Secretary funds for the acquisition of 
     the water rights under section 103(a)(1)(B)--
       (1) in the amount of $5,400,000.00 if such acquisition is 
     completed by December 31, 2010; and
       (2) the amount authorized under paragraph (b)(1) shall be 
     adjusted according to the CPI Urban Index commencing January 
     1, 2011.
       (c) Aamodt Settlement Pueblos' Fund.--
       (1) In general.--There is authorized to be appropriated to 
     the Fund the following amounts for the period of fiscal years 
     2010 through 2022:
       (A) $15,000,000, which shall be allocated to the Pueblos, 
     in accordance with section 2.7.1 of the Settlement Agreement, 
     for the rehabilitation, improvement, operation, maintenance, 
     and replacement of the agricultural delivery facilities, 
     waste water systems, and other water-related infrastructure 
     of the applicable Pueblo. The amount authorized herein shall 
     be adjusted according to the CPI Urban Index commencing 
     October 1, 2006.
       (B) $37,500,000, which shall be allocated to an account, to 
     be established not later than January 1, 2016, to assist the 
     Pueblos in paying the Pueblos' share of the cost of 
     operating, maintaining, and replacing the Pueblo Water 
     Facilities and the Regional Water System.
       (C) $5,000,000 and any interest thereon, which shall be 
     allocated to the Pueblo of Nambe for the acquisition of the 
     Nambe reserved water rights in accordance with section 
     103(a)(1)(A). The amount authorized herein shall be adjusted 
     according to the CPI Urban Index commencing January 1, 2011. 
     The funds provided under this section may be used by the 
     Pueblo of Nambe only for the acquisition of land, other real 
     property interests, or economic development.
       (2) Operation, maintenance, and replacement costs.--
       (A) In general.--Prior to conveyance of the Regional Water 
     System pursuant to section 101, the Secretary 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 103(a)(4)(B), 
     after construction of the Regional Water System is completed 
     and the amounts required to be deposited in the account have 
     been deposited under this section the Federal Government 
     shall have no obligation to pay for the operation, 
     maintenance, and replacement costs of the Regional Water 
     System.

        TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

     SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.

       (a) Approval.--To the extent the Settlement Agreement and 
     the Cost-Sharing and System Integration Agreement do not 
     conflict with this Act, the Settlement Agreement and the 
     Cost-Sharing and System Integration Agreement (including any 
     amendments to the Settlement Agreement and the Cost-Sharing 
     and System Integration Agreement that are executed to make 
     the Settlement Agreement or the Cost-Sharing and System 
     Integration Agreement consistent with this Act) are 
     authorized, ratified, and confirmed.
       (b) Execution.--To the extent the Settlement Agreement and 
     the Cost-Sharing and System Integration Agreement do not 
     conflict with this Act, the Secretary shall execute the 
     Settlement Agreement and the Cost-Sharing and System 
     Integration Agreement (including any amendments that are 
     necessary to make the Settlement Agreement or the Cost-
     Sharing and System Integration Agreement consistent with this 
     Act).
       (c) Authorities of the Pueblos.--
       (1) In general.--Each of the Pueblos may enter into 
     contracts to lease or exchange water rights or to forbear 
     undertaking new or expanded water uses for water rights 
     recognized in section 2.1 of the Settlement Agreement for use 
     within the Pojoaque Basin in accordance with the other 
     limitations of section 2.1.5 of the Settlement Agreement 
     provided that section 2.1.5 is amended accordingly.
       (2) Execution.--The Secretary shall not execute the 
     Settlement Agreement until such amendment is accomplished 
     under paragraph (1).
       (3) Approval by secretary.--Consistent with the Settlement 
     Agreement as amended under paragraph (1), the Secretary shall 
     approve or disapprove a lease entered into under paragraph 
     (1).
       (4) Prohibition on permanent alienation.--No lease or 
     contract under paragraph (1) shall be for a term exceeding 99 
     years, nor shall any such lease or contract provide for 
     permanent alienation of any portion of the water rights made 
     available to the Pueblos under the Settlement Agreement.
       (5) Applicable law.--Section 2116 of the Revised Statutes 
     (25 U.S.C. 177) shall not apply to any lease or contract 
     entered into under paragraph (1).
       (6) Leasing or marketing of water supply.--The water supply 
     provided on behalf of the Pueblos pursuant to section 
     103(a)(1) may only be leased or marketed by any of the 
     Pueblos pursuant to the intergovernmental agreements 
     described in section 104(c)(2).
       (d) Amendments to Contracts.--The Secretary shall amend the 
     contracts relating to the Nambe Falls Dam and Reservoir that 
     are necessary to use water supplied from the Nambe Falls Dam 
     and Reservoir in accordance with the Settlement Agreement.

     SEC. 202. ENVIRONMENTAL COMPLIANCE.

       (a) Effect of Execution of Settlement Agreement.--The 
     execution of the Settlement Agreement under section 201(b) 
     shall not constitute a major Federal action under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (b) Compliance With Environmental Laws.--In carrying out 
     this Act, the Secretary shall comply with each law of the 
     Federal Government relating to the protection of the 
     environment, including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

       (a) Conditions Precedent.--
       (1) In general.--Upon the fulfillment of the conditions 
     precedent described in paragraph (2), the Secretary shall 
     publish in the Federal Register by September 15, 2017 a 
     statement of finding that the conditions have been fulfilled.
       (2) Requirements.--The conditions precedent referred to in 
     paragraph (1) are the conditions that--
       (A) to the extent that the Settlement Agreement conflicts 
     with this title, the Settlement Agreement has been revised to 
     conform with this title;
       (B) the Settlement Agreement, so revised, including waivers 
     and releases pursuant to section 204, has been executed by 
     the appropriate parties and the Secretary;
       (C) Congress has fully appropriated, or the Secretary has 
     provided from other authorized sources, all funds authorized 
     by section 107, with the exception of subsection (a)(1) of 
     that section, by December 15, 2016;
       (D) the State 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 June 
     15, 2017.
       (b) Expiration Date.--If all the conditions precedent 
     described in subsection (a)(2) have not been fulfilled by 
     September 15, 2017--
       (1) the Settlement Agreement and this Act including waivers 
     described in those documents shall no longer be effective; 
     and
       (2) any funds that have been appropriated under this Act 
     but not expended shall immediately revert to the general fund 
     of the United States Treasury.
       (c) Enforcement Date.--The Settlement Agreement shall 
     become enforceable as of the date that the United States 
     District Court for the District of New Mexico enters a 
     partial final decree pursuant to subsection (a)(2)(E) and an 
     Interim Administrative

[[Page S5722]]

     Order consistent with the Settlement Agreement.
       (d) Effectiveness of Waivers.--The waivers and releases 
     executed pursuant to section 204 shall become effective as of 
     the date that the Secretary publishes the notice required by 
     subsection (a)(1).
       (e) Requirements for Determination of Substantial 
     Completion of the Regional Water System.--
       (1) Criteria for substantial completion of regional water 
     system.--Subject to the provisions in section 101(d) 
     concerning the extent, size, and capacity of the County 
     Distribution System, the Regional Water System shall be 
     determined to be substantially completed if the 
     infrastructure has been constructed capable of--
       (A) diverting, treating, transmitting, and distributing a 
     supply of 2,500 acre-feet of water to the Pueblos; and
       (B) diverting, treating, and transmitting the quantity of 
     water specified in the Engineering Report to the County 
     Distribution System.
       (2) Consultation.--On or after June 30, 2021, at the 
     request of 1 or more of the Pueblos, the Secretary shall 
     consult with the Pueblos and confer with the County and the 
     State on whether the criteria in paragraph (1) for 
     substantial completion of the Regional Water System have been 
     met or will be met by June 30, 2024.
       (3) Right to void final decree.--If the substantial 
     completion criteria have not been met by June 15, 2021, after 
     the consultation required by paragraph (2), the Pueblos or 
     the United States as trustee for the Pueblos have until 
     midnight June 30, 2024 to ask the Decree Court to void the 
     Final Decree pursuant to section 10.3 of the Settlement 
     Agreement.
       (f) Voiding of Waivers.--If the Court determines the Final 
     Decree is voided pursuant to Section 10.3 of the Settlement 
     Agreement, the Settlement Agreement shall no longer be 
     effective, the waivers and releases executed pursuant to 
     section 204 shall no longer be effective, and any unexpended 
     Federal funds, together with any income earned thereon, and 
     title to any property acquired or constructed with expended 
     Federal funds, shall be returned to the Federal Government 
     unless otherwise agreed to by the Pueblos and the United 
     States in writing and approved by Congress.

     SEC. 204. WAIVERS AND RELEASES.

       (a) Claims by the Pueblos and the United States.--In return 
     for recognition of the Pueblos' water rights and other 
     benefits, including waivers and releases by non-Pueblo 
     parties, as set forth in the Settlement Agreement and this 
     Act, the Pueblos, on behalf of themselves and their members, 
     and the United States acting in its capacity as trustee for 
     the Pueblos are authorized to execute a waiver and release 
     of--
       (1) all claims for water rights in the Pojoaque Basin that 
     the Pueblos, or the United States acting in its capacity as 
     trustee for the Pueblos, asserted, or could have asserted, in 
     any proceeding, including the Aamodt Case, up to and 
     including the waiver effectiveness date identified in section 
     203(d), except to the extent that such rights are recognized 
     in the Settlement Agreement or this Act;
       (2) all claims for water rights for lands in the Pojoaque 
     Basin and for rights to use water in the Pojoaque Basin that 
     the Pueblos, or the United States acting in its capacity as 
     trustee for the Pueblos, might be able to otherwise assert in 
     any proceeding not initiated on or before the date of 
     enactment of this title, except to the extent that such 
     rights are recognized in the Settlement Agreement or this 
     Act;
       (3) all claims for damages, losses or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including claims for injury to land resulting from 
     such damages, losses, injuries, interference with, diversion, 
     or taking) for land within the Pojoaque Basin that accrued at 
     any time up to and including the waiver effectiveness date 
     identified in section 203(d);
       (4) their defenses in the Aamodt Case to the claims 
     previously asserted therein by other parties to the 
     Settlement Agreement;
       (5) all pending and future inter se challenges to the 
     quantification and priority of water rights of non-Pueblo 
     wells in the Pojoaque Basin, except as provided by section 
     2.8 of the Settlement Agreement;
       (6) all pending and future inter se challenges against 
     other parties to the Settlement Agreement;
       (7) all claims for damages, losses, or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including claims for injury to land resulting from 
     such damages, losses, injuries, interference with, diversion, 
     or taking of water) attributable to City of Santa Fe pumping 
     of groundwater that has effects on the ground and surface 
     water supplies of the Pojoaque Basin, provided that this 
     waiver shall not be effective by the Pueblo of Tesuque unless 
     there is a water resources agreement executed between the 
     Pueblo of Tesuque and the City of Santa Fe;
       (8) all claims for damages, losses, or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including claims for injury to land resulting from 
     such damages, losses, injuries, interference with, diversion, 
     or taking of water) attributable to County of Santa Fe 
     pumping of groundwater that has effects on the ground and 
     surface water supplies of the Pojoaque Basin; and
       (9) all claims for damages, losses, or injuries, or for 
     injunctive or other relief, because of the condition of, or 
     changes in, the concentration of naturally occurring 
     constituents of ground and surface water in the Pojoaque 
     Basin arising out of the diversion of water pursuant to water 
     rights recognized by the final decree.
       (b) Claims by the Pueblos Against the United States.--The 
     Pueblos, on behalf of themselves and their members, are 
     authorized to execute a waiver and release of--
       (1) all claims against the United States, its agencies, or 
     employees, relating to claims for water rights in or water of 
     the Pojoaque Basin or for rights to use water in the Pojoaque 
     Basin that the United States acting in its capacity as 
     trustee for the Pueblos asserted, or could have asserted, in 
     any proceeding, including the Aamodt Case;
       (2) all claims against the United States, its agencies, or 
     employees relating to damages, losses, or injuries to water, 
     water rights, land, or natural resources due to loss of water 
     or water rights (including damages, losses or injuries to 
     hunting, fishing, gathering or cultural rights due to loss of 
     water or water rights; claims relating to interference with, 
     diversion or taking of water or water rights; or claims 
     relating to failure to protect, acquire, replace, or develop 
     water, water rights or water infrastructure) within the 
     Pojoaque Basin that first accrued at any time up to and 
     including the waiver effectiveness date identified in section 
     203(d);
       (3) all claims against the United States, its agencies, or 
     employees for an accounting of funds appropriated by Acts, 
     including the Act of December 22, 1927 (45 Stat. 2), the Act 
     of March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 
     (46 Stat. 90), the Act of February 14, 1931 (46 Stat. 1115), 
     the Act of March 4, 1931 (46 Stat. 1552), the Act of July 1, 
     1932 (47 Stat. 525), the Act of June 22, 1936 (49 Stat. 
     1757), the Act of August 9, 1937 (50 Stat. 564), and the Act 
     of May 9, 1938 (52 Stat. 291), as authorized by the Pueblo 
     Lands Act of June 7, 1924 (43 Stat. 636) and the Pueblo Lands 
     Act of May 31, 1933 (48 Stat. 108) and for breach of Trust 
     relating to funds for water replacement appropriated by said 
     Acts that first accrued before the date of enactment of this 
     Act;
       (4) all claims against the United States, its agencies, or 
     employees relating to the pending litigation of claims 
     relating to the Pueblos' water rights in the Aamodt Case; and
       (5) all claims against the United States, its agencies, or 
     employees relating to the negotiation, Execution or the 
     adoption of the Settlement Agreement, exhibits thereto, the 
     Partial Final Decree, the Final Decree, or this Act.
       (c) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases authorized in this 
     Act, the Pueblos on behalf of themselves and their members 
     and the United States acting in its capacity as trustee for 
     the Pueblos retain.--
       (1) all claims for enforcement of the Settlement Agreement, 
     the Cost-Sharing and System Integration Agreement, the Final 
     Decree, including the Partial Final Decree, the San Juan-
     Chama Project contract between the Pueblos and the United 
     States or this Act;
       (2) all rights to use and protect water rights acquired 
     after the date of enactment of this Act;
       (3) all rights to use and protect water rights acquired 
     pursuant to state law to the extent not inconsistent with the 
     Partial Final Decree, Final Decree, and the Settlement 
     Agreement;
       (4) all claims against persons other than Parties to the 
     Settlement Agreement for damages, losses or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including claims for injury to lands resulting from 
     such damages, losses, injuries, interference with, diversion, 
     or taking of water) within the Pojoaque Basin arising out of 
     activities occurring outside the Pojoaque Basin;
       (5) all claims relating to activities affecting the quality 
     of water including any claims the Pueblos may have under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
     claims for damages to natural resources), the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.), and the 
     regulations implementing those laws;
       (6) all claims against the United States relating to 
     damages, losses, or injuries to land or natural resources not 
     due to loss of water or water rights (including hunting, 
     fishing, gathering or cultural rights);
       (7) all claims for water rights from water sources outside 
     the Pojoaque Basin for land outside the Pojoaque Basin owned 
     by a Pueblo or held by the United States for the benefit of 
     any of the Pueblos; and
       (8) all rights, remedies, privileges, immunities, powers 
     and claims not specifically waived and released pursuant to 
     this Act or the Settlement Agreement.
       (d) Effect of Section.--Nothing in the Settlement Agreement 
     or this Act--
       (1) affects the ability of the United States acting in its 
     sovereign capacity to take actions authorized by law, 
     including any laws relating to health, safety, or the 
     environment, including the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.), the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.), and the regulations implementing those laws;

[[Page S5723]]

       (2) affects the ability of the United States to take 
     actions acting in its capacity as trustee for any other 
     Indian tribe or allottee; or
       (3) confers jurisdiction on any State court to--
       (A) interpret Federal law regarding health, safety, or the 
     environment or determine the duties of the United States or 
     other parties pursuant to such Federal law; or
       (B) conduct judicial review of Federal agency action;
       (e) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on June 30, 2021.
       (2) Effect of subparagraph.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this section precludes the 
     tolling of any period of limitations or any time-based 
     equitable defense under any other applicable law.

     SEC. 205. EFFECT.

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

  Mr. UDALL of New Mexico. Mr. President, today I join Senator Bingaman 
in introducing a bill to complete the Aamodt water settlement in 
northern New Mexico. Introduction of this bill represents a major 
milestone in the resolution of water rights claims for four tribes 
along the Rio Grande in northern New Mexico. Decades of work and 
negotiation have gone into the settlement, and I am pleased that the 
tribes, city, county, and community groups involved were able to come 
to an agreement that is mutually beneficial to all water users in the 
Pojoaque valley.
  The Aamodt settlement resolves the water claims of the Pueblos of 
Nambe, Pojoaque, San Ildefonso, and Tesuque, and addresses the needs of 
the surrounding communities in Santa Fe County for water and sanitation 
systems. The settlement is a result of long negotiations between the 
county and pueblos, and will result in the development of a mutually 
beneficial water infrastructure system. This system will ensure that 
the pueblos have access to clean running water into the future, and 
will allow the surrounding communities to work with the county and 
state to connect in to the water system. I applaud the efforts and 
success of these groups in coming to an agreement that both settles 
disputes and benefits each community.
  New Mexico is a State rich with tradition and culture, where water 
resources are scarce and precious. Diverse communities have depended on 
the on ground and surface water along the Rio Grande for centuries. As 
our population grows and communities expand to welcome newcomers, the 
impact on water resources in New Mexico is vivid. With such stress on 
this vital but limited commodity, conflict easily develops between 
communities and individuals, and in a State where the history is long 
and complex, disputes over water are uniquely complicated. But, ay. 
despite the potential for disagreement over 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 Aamodt settlement is an example of communities 
and tribes coming together to foster compromise rather than conflict. 
The parties involved have worked tirelessly to ensure that everyone has 
access to this precious and respected resource.
  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 Pueblos of Nambe, Pojoaque, San Ildefonso, and 
Tesuque and the surrounding communities one step closer to establishing 
a secure water future.
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