[Congressional Record Volume 169, Number 147 (Tuesday, September 12, 2023)]
[Senate]
[Pages S4402-S4409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1119. Mr. HEINRICH (for himself and Mr. Lujan) submitted an 
amendment intended to be proposed to amendment SA 1092 submitted by 
Mrs. Murray (for herself and Ms. Collins) and intended to be proposed 
to the bill H.R. 4366, making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2024, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

  DIVISION D--RIO SAN JOSE AND RIO JEMEZ WATER SETTLEMENTS ACT OF 2023

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Rio San Jose and Rio 
     Jemez Water Settlements Act of 2023''.

      TITLE I--PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS SETTLEMENT

     SEC. 111. PURPOSES.

       The purposes of this title are--
       (1) to achieve a fair, equitable, and final settlement of 
     all issues and controversies concerning claims to water 
     rights in the general stream adjudication of the Rio San Jose 
     Stream System captioned ``State of New Mexico, ex rel. State 
     Engineer v. Kerr-McGee, et al.'', No. D-1333-CV-1983-00190 
     and No. D-1333-CV1983-00220 (consolidated), pending in the 
     Thirteenth Judicial District Court for the State of New 
     Mexico, for--
       (A) the Pueblo of Acoma;
       (B) the Pueblo of Laguna; and
       (C) the United States, acting as trustee for the Pueblos of 
     Acoma and Laguna;
       (2) to authorize, ratify, and confirm the agreement entered 
     into by the Pueblos, the State, and various other parties to 
     the Agreement, to the extent that the Agreement is consistent 
     with this title;
       (3) to authorize and direct the Secretary--
       (A) to execute the Agreement; and
       (B) to take any other actions necessary to carry out the 
     Agreement in accordance with this title; and
       (4) to authorize funds necessary for the implementation of 
     the Agreement and this title.

     SEC. 112. DEFINITIONS.

       In this title:
       (1) Acequia.--The term ``Acequia'' means each of the 
     Bluewater Toltec Irrigation District, La Acequia Madre del 
     Ojo del Gallo, Moquino Water Users Association II, Murray 
     Acres Irrigation Association, San Mateo Irrigation 
     Association, Seboyeta Community Irrigation Association, 
     Cubero Acequia Association, Cebolletita Acequia Association, 
     and Community Ditch of San Jose de la Cienega.
       (2) Adjudication.--The term ``Adjudication'' means the 
     general adjudication of water rights entitled ``State of New 
     Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No. 
     D-1333-CV-1983-00190 and No. D-1333-CV1983-00220 
     (consolidated) pending, as of the date of enactment of this 
     Act, in the Decree Court.
       (3) Agreement.--The term ``Agreement'' means--
       (A) the document entitled ``Rio San Jose Stream System 
     Water Rights Local Settlement Agreement Among the Pueblo of 
     Acoma, the Pueblo of Laguna, the Navajo Nation, the State of 
     New Mexico, the City of Grants, the Village of Milan, the 
     Association of Community Ditches of the Rio San Jose and Nine 
     Individual Acequias and Community Ditches'' and dated May 13, 
     2022, and the attachments thereto; and
       (B) any amendment to the document referred to in 
     subparagraph (A) (including an amendment to an attachment 
     thereto) that is executed to ensure that the Agreement is 
     consistent with this title.
       (4) Allotment.--The term ``Allotment'' means a parcel of 
     land that is--
       (A) located within--
       (i) the Rio Puerco Basin;
       (ii) the Rio San Jose Stream System; or
       (iii) the Rio Salado Basin; and
       (B) held in trust by the United States for the benefit of 1 
     or more individual Indians.
       (5) Allottee.--The term ``Allottee'' means an individual 
     with a beneficial interest in an Allotment.
       (6) Decree court.--The term ``Decree Court'' means the 
     Thirteenth Judicial District Court of the State of New 
     Mexico.
       (7) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 117.
       (8) Partial final judgment and decree.--The term ``Partial 
     Final Judgment and Decree'' means a final or interlocutory 
     partial final judgment and decree entered by the Decree Court 
     with respect to the water rights of the Pueblos--
       (A) that is substantially in the form described in article 
     14.7.2 of the Agreement, as amended to ensure consistency 
     with this title; and
       (B) from which no further appeal may be taken.
       (9) Pueblo.--The term ``Pueblo'' means either of--
       (A) the Pueblo of Acoma; or
       (B) the Pueblo of Laguna.
       (10) Pueblo land.--
       (A) In general.--The term ``Pueblo Land'' means any real 
     property--
       (i) in the Rio San Jose Stream System that is held by the 
     United States in trust for either Pueblo, or owned by either 
     Pueblo, as of the Enforceability Date;
       (ii) in the Rio Salado Basin that is held by the United 
     States in trust for the Pueblo of Acoma, or owned by the 
     Pueblo of Acoma, as of the Enforceability Date; or
       (iii) in the Rio Puerco Basin that is held by the United 
     States in trust for the Pueblo of Laguna, or owned by the 
     Pueblo of Laguna, as of the Enforceability Date.
       (B) Inclusions.--The term ``Pueblo Land'' includes land 
     placed in trust with the United States subsequent to the 
     Enforceability Date for either Pueblo in the Rio San Jose 
     Stream System, for the Pueblo of Acoma in the Rio Salado 
     Basin, or for the Pueblo of Laguna in the Rio Puerco Basin.
       (11) Pueblo trust fund.--The term ``Pueblo Trust Fund'' 
     means--
       (A) the Pueblo of Acoma Settlement Trust Fund established 
     by section 115(a);
       (B) the Pueblo of Laguna Settlement Trust Fund established 
     by that section; and
       (C) the Acomita Reservoir Works Trust Fund established by 
     that section.
       (12) Pueblo water rights.--The term ``Pueblo Water Rights'' 
     means--
       (A) the respective water rights of the Pueblos in the Rio 
     San Jose Stream System--
       (i) as identified in the Agreement and section 114; and
       (ii) as confirmed in the Partial Final Judgment and Decree;
       (B) the water rights of the Pueblo of Acoma in the Rio 
     Salado Basin; and
       (C) the water rights of the Pueblo of Laguna in the Rio 
     Puerco Basin, as identified in the Agreement and section 114.
       (13) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Acoma; and
       (B) the Pueblo of Laguna.
       (14) Rio puerco basin.--The term ``Rio Puerco Basin'' means 
     the area defined by the United States Geological Survey 
     Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) 
     and 13020205 (Arroyo Chico subbasin), including the 
     hydrologically connected groundwater.
       (15) Rio san jose stream system.--The term ``Rio San Jose 
     Stream System'' means the geographic extent of the area 
     involved in the Adjudication pursuant to the description 
     filed in the Decree Court on November 21, 1986.
       (16) Rio salado basin.--The term ``Rio Salado Basin'' means 
     the area defined by the United States Geological Survey 
     Hydrologic Unit Code (HUC) 13020209 (Rio Salado subbasin), 
     including the hydrologically connected groundwater.
       (17) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (18) Signatory acequia.--The term ``Signatory Acequia'' 
     means an acequia that is a signatory to the Agreement.
       (19) State.--The term ``State'' means the State of New 
     Mexico and all officers, agents, departments, and political 
     subdivisions of the State of New Mexico.

     SEC. 113. RATIFICATION OF AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this title and to 
     the extent the Agreement does not conflict with this title, 
     the Agreement is authorized, ratified, and confirmed.
       (2) Amendments.--If an amendment to the Agreement or any 
     attachment to the Agreement requiring the signature of the 
     Secretary is executed in accordance with this title to make 
     the Agreement consistent with this title, the amendment is 
     authorized, ratified, and confirmed.
       (b) Execution.--
       (1) In general.--To the extent the Agreement does not 
     conflict with this title, the Secretary shall execute the 
     Agreement, including all attachments to or parts of the 
     Agreement requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this title prohibits the 
     Secretary, after execution of the Agreement, from approving 
     any modification to the Agreement, including an attachment to 
     the Agreement, that is consistent with this title, to the 
     extent that the modification does not otherwise require 
     congressional approval under section 2116 of the Revised 
     Statutes (25 U.S.C. 177) or any other applicable provision of 
     Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Agreement and this 
     title, the Secretary shall comply with--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) all other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Agreement and this 
     title, the Pueblos shall prepare any necessary environmental 
     documents consistent with--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation required under 
     subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.

[[Page S4403]]

       (3) Effect of execution.--The execution of the Agreement by 
     the Secretary under this section shall not constitute a major 
     Federal action under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance activities under subsection (c) shall be paid 
     from funds deposited in the Pueblo Trust Funds, subject to 
     the condition that any costs associated with the performance 
     of Federal approval or other review of such compliance work 
     or costs associated with inherently Federal functions shall 
     remain the responsibility of the Secretary.

     SEC. 114. PUEBLO WATER RIGHTS.

       (a) Trust Status of the Pueblo Water Rights.--The Pueblo 
     Water Rights shall be held in trust by the United States on 
     behalf of the Pueblos in accordance with the Agreement and 
     this title.
       (b) Forfeiture and Abandonment.--
       (1) In general.--The Pueblo Water Rights shall not be 
     subject to loss through non-use, forfeiture, abandonment, or 
     other operation of law.
       (2) State-law based water rights.--Pursuant to the 
     Agreement, State-law based water rights acquired by a Pueblo, 
     or by the United States on behalf of a Pueblo, after the date 
     for inclusion in the Partial Final Judgment and Decree, shall 
     not be subject to forfeiture, abandonment, or permanent 
     alienation from the time they are acquired.
       (c) Use.--Any use of the Pueblo Water Rights shall be 
     subject to the terms and conditions of the Agreement and this 
     title.
       (d) Allotment Rights Not Included.--The Pueblo Water Rights 
     shall not include any water uses or water rights claims on an 
     Allotment.
       (e) Authority of the Pueblos.--
       (1) In general.--The Pueblos shall have the authority to 
     allocate, distribute, and lease the Pueblo Water Rights for 
     use on Pueblo Land in accordance with the Agreement, this 
     title, and applicable Federal law.
       (2) Use off pueblo land.--The Pueblos may allocate, 
     distribute, and lease the Pueblo Water Rights for use off 
     Pueblo Land in accordance with the Agreement, this title, and 
     applicable Federal law, subject to the approval of the 
     Secretary.
       (3) Allottee water rights.--The Pueblos shall not object in 
     any general stream adjudication, including the Adjudication, 
     or any other appropriate forum, to the quantification of 
     reasonable domestic, stock, and irrigation water uses on an 
     Allotment, and shall administer any water use in accordance 
     with applicable Federal law, including recognition of--
       (A) any water use existing on an Allotment as of the date 
     of enactment of this Act;
       (B) reasonable domestic, stock, and irrigation water uses 
     on an Allotment; and
       (C) any Allotment water right decreed in a general stream 
     adjudication, including the Adjudication, or other 
     appropriate forum, for an Allotment.
       (f) Administration.--
       (1) No alienation.--The Pueblos shall not permanently 
     alienate any portion of the Pueblo Water Rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this title for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this title shall be considered to satisfy any 
     requirement for authorization of the action required by 
     Federal law.
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Pueblo Water Rights by any water user shall 
     not result in the forfeiture, abandonment, relinquishment, or 
     other loss of all or any portion of the Pueblo Water Rights.

     SEC. 115. SETTLEMENT TRUST FUNDS.

       (a) Establishment.--The Secretary shall establish 2 trust 
     funds, to be known as the ``Pueblo of Acoma Settlement Trust 
     Fund'' and the ``Pueblo of Laguna Settlement Trust Fund'', 
     and a trust fund for the benefit of both Pueblos to be known 
     as the ``Acomita Reservoir Works Trust Fund'', to be managed, 
     invested, and distributed by the Secretary and to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury, consisting of the amounts 
     deposited in the Pueblo Trust Funds under subsection (c), 
     together with any investment earnings, including interest, 
     earned on those amounts, for the purpose of carrying out this 
     title.
       (b) Accounts.--
       (1) Pueblo of acoma settlement trust fund.--The Secretary 
     shall establish in the Pueblo of Acoma Settlement Trust Fund 
     the following accounts:
       (A) The Water Rights Settlement Account.
       (B) The Water Infrastructure Operations and Maintenance 
     Account.
       (C) The Feasibility Studies Settlement Account.
       (2) Pueblo of laguna settlement trust fund.--The Secretary 
     shall establish in the Pueblo of Laguna Settlement Trust Fund 
     the following accounts:
       (A) The Water Rights Settlement Account.
       (B) The Water Infrastructure Operations and Maintenance 
     Account.
       (C) The Feasibility Studies Settlement Account.
       (c) Deposits.--The Secretary shall deposit in each Pueblo 
     Trust Fund the amounts made available pursuant to section 
     116(a).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of funds into the 
     Pueblo Trust Funds under subsection (c), the Secretary shall 
     manage, invest, and distribute all amounts in the Pueblo 
     Trust Funds in a manner that is consistent with the 
     investment authority of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this subsection.
       (2) Investment earnings.--In addition to the deposits made 
     to each Pueblo Trust Fund under subsection (c), any 
     investment earnings, including interest, earned on those 
     amounts held in each Pueblo Trust Fund are authorized to be 
     used in accordance with subsections (f) and (h).
       (e) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     each Pueblo Trust Fund, including any investment earnings 
     (including interest) earned on those amounts, shall be made 
     available to the Pueblo or Pueblos by the Secretary beginning 
     on the Enforceability Date, subject to the requirements of 
     this section, except for those funds to be made available to 
     the Pueblos pursuant to paragraph (2).
       (2) Use of funds.--Notwithstanding paragraph (1)--
       (A) amounts deposited in the Feasibility Studies Settlement 
     Account of each Pueblo Trust Fund, including any investment 
     earnings, including interest, earned on those amounts shall 
     be available to the Pueblo on the date on which the amounts 
     are deposited for uses described in subsection (h)(3), and in 
     accordance with the Agreement;
       (B) amounts deposited in the Acomita Reservoir Works Trust 
     Fund, including any investment earnings, including interest, 
     earned on those amounts shall be available to the Pueblos on 
     the date on which the amounts are deposited for uses 
     described in subsection (h)(4), and in accordance with the 
     Agreement; and
       (C) up to $15,000,000 from the Water Rights Settlement 
     Account for each Pueblo shall be available on the date on 
     which the amounts are deposited for installing, on Pueblo 
     Lands, groundwater wells to meet immediate domestic, 
     commercial, municipal and industrial water needs, and 
     associated environmental, cultural, and historical 
     compliance.
       (f) Withdrawals.--
       (1) Withdrawals under the american indian trust fund 
     management reform act of 1994.--
       (A) In general.--Each Pueblo may withdraw any portion of 
     the amounts in its respective Settlement Trust Fund on 
     approval by the Secretary of a Tribal management plan 
     submitted by each Pueblo in accordance with the American 
     Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
     4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the appropriate Pueblo 
     shall spend all amounts withdrawn from each Pueblo Trust 
     Fund, and any investment earnings (including interest) earned 
     on those amounts through the investments under the Tribal 
     management plan, in accordance with this title.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce the Tribal management plan under this 
     paragraph to ensure that amounts withdrawn by each Pueblo 
     from the Pueblo Trust Funds under subparagraph (A) are used 
     in accordance with this title.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--Each Pueblo may submit to the Secretary a 
     request to withdraw funds from the Pueblo Trust Fund of the 
     Pueblo pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw amounts under 
     an expenditure plan under subparagraph (A), the appropriate 
     Pueblo shall submit to the Secretary an expenditure plan for 
     any portion of the Pueblo Trust Fund that the Pueblo elects 
     to withdraw pursuant to that subparagraph, subject to the 
     condition that the amounts shall be used for the purposes 
     described in this title.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Pueblo 
     Trust Fund will be used by the Pueblo, in accordance with 
     this subsection and subsection (h).
       (D) Approval.--The Secretary shall approve an expenditure 
     plan submitted under subparagraph (A) if the Secretary 
     determines that the plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this title.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan to ensure that 
     amounts disbursed under this paragraph are used in accordance 
     with this title.
       (3) Withdrawals from acomita reservoir works trust fund.--
       (A) In general.--A Pueblo may submit to the Secretary a 
     request to withdraw funds from the Acomita Reservoir Works 
     Trust Fund pursuant to an approved joint expenditure plan.
       (B) Requirements.--
       (i) In general.--To be eligible to withdraw amounts under a 
     joint expenditure plan under subparagraph (A), the Pueblos 
     shall submit to the Secretary a joint expenditure

[[Page S4404]]

     plan for any portion of the Acomita Reservoir Works Trust 
     Fund that the Pueblos elect to withdraw pursuant to this 
     subparagraph, subject to the condition that the amounts shall 
     be used for the purposes described in subsection (h)(4).
       (ii) Written resolution.--Each request to withdraw amounts 
     under a joint expenditure plan submitted under clause (i) 
     shall be accompanied by a written resolution from the Tribal 
     councils of both Pueblos approving the requested use and 
     disbursement of funds.
       (C) Inclusions.--A joint expenditure plan under this 
     paragraph shall include a description of the manner and 
     purpose for which the amounts proposed to be withdrawn from 
     the Acomita Reservoir Works Trust Fund will be used by the 
     Pueblo or Pueblos to whom the funds will be disbursed, in 
     accordance with subsection (h)(4).
       (D) Approval.--The Secretary shall approve a joint 
     expenditure plan submitted under subparagraph (A) if the 
     Secretary determines that the plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this title.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce a joint expenditure plan to ensure that 
     amounts disbursed under this paragraph are used in accordance 
     with this title.
       (g) Effect of Section.--Nothing in this section gives the 
     Pueblos the right to judicial review of a determination of 
     the Secretary relating to whether to approve a Tribal 
     management plan under paragraph (1) of subsection (f) or an 
     expenditure plan under paragraph (2) or (3) of that 
     subsection, except under subchapter II of chapter 5, of title 
     5, United States Code, and chapter 7 of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'').
       (h) Uses.--
       (1) Water rights settlement account.--The Water Rights 
     Settlement Account for each Pueblo may only be used for the 
     following purposes:
       (A) Acquiring water rights or water supply.
       (B) Planning, permitting, designing, engineering, 
     constructing, reconstructing, replacing, rehabilitating, 
     operating, or repairing water production, treatment, or 
     delivery infrastructure, including for domestic and municipal 
     use, on-farm improvements, or wastewater infrastructure.
       (C) Pueblo Water Rights management and administration.
       (D) Watershed protection and enhancement, support of 
     agriculture, water-related Pueblo community welfare and 
     economic development, and costs relating to implementation of 
     the Agreement.
       (E) Environmental compliance in the development and 
     construction of infrastructure under this title.
       (2) Water infrastructure operations and maintenance trust 
     account.--The Water Infrastructure Operations and Maintenance 
     Account for each Pueblo may only be used to pay costs for 
     operation and maintenance of water infrastructure to serve 
     Pueblo domestic, commercial, municipal, and industrial water 
     uses from any water source.
       (3) Feasibility studies settlement account.--The 
     Feasibility Studies Settlement Account for each Pueblo may 
     only be used to pay costs for feasibility studies of water 
     supply infrastructure to serve Pueblo domestic, commercial, 
     municipal, and industrial water uses from any water source.
       (4) Acomita reservoir works trust fund.--The Acomita 
     Reservoir Works Trust Fund may only be used for planning, 
     permitting, designing, engineering, constructing, 
     reconstructing, replacing, rehabilitating, maintaining, or 
     repairing Acomita reservoir, its dam, inlet works, outlet 
     works, and the North Acomita Ditch from the Acomita Reservoir 
     outlet on the Pueblo of Acoma through its terminus on the 
     Pueblo of Laguna.
       (i) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Pueblo Trust 
     Funds by a Pueblo under paragraph (1), (2), or (3) of 
     subsection (f).
       (j) Expenditure Reports.--Each Pueblo shall annually submit 
     to the Secretary an expenditure report describing 
     accomplishments and amounts spent from use of withdrawals 
     under a Tribal management plan or an expenditure plan under 
     paragraph (1), (2), or (3) of subsection (f), as applicable.
       (k) No Per Capita Distributions.--No portion of the Pueblo 
     Trust Funds shall be distributed on a per capita basis to any 
     member of a Pueblo.
       (l) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Pueblo Trust Funds shall remain in the appropriate Pueblo or 
     Pueblos.
       (m) Operation, Maintenance, and Replacement.--All 
     operation, maintenance, and replacement costs of any project 
     constructed using funds from the Pueblo Trust Funds shall be 
     the responsibility of the appropriate Pueblo or Pueblos.

     SEC. 116. FUNDING.

       (a) Mandatory Appropriations.--Out of any money in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary the following 
     amounts for the following accounts:
       (1) Pueblo of acoma settlement trust fund.--
       (A) The water rights settlement account.--$296,000,000, to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury.
       (B) The water infrastructure operations and maintenance 
     account.--$14,000,000, to remain available until expended, 
     withdrawn, or reverted to the general fund of the Treasury.
       (C) The feasibility studies settlement account.--
     $1,750,000, to remain available until expended, withdrawn, or 
     reverted to the general fund of the Treasury.
       (2) Pueblo of laguna settlement trust fund.--
       (A) The water rights settlement account.--$464,000,000, to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury.
       (B) The water infrastructure operations and maintenance 
     account.--$26,000,000, to remain available until expended, 
     withdrawn, or reverted to the general fund of the Treasury.
       (C) The feasibility studies settlement account.--
     $3,250,000, to remain available until expended, withdrawn, or 
     reverted to the general fund of the Treasury.
       (3) Acomita reservoir works trust fund.--$45,000,000, to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury.
       (b) Fluctuations in Costs.--
       (1) In general.--The amounts appropriated under subsection 
     (a) shall be increased or decreased, as appropriate, by such 
     amounts as may be justified by reason of ordinary 
     fluctuations in costs, as indicated by the Bureau of 
     Reclamation Construction Cost Index-Composite Trend.
       (2) Construction costs adjustment.--The amounts 
     appropriated under subsection (a) shall be adjusted to 
     address construction cost changes necessary to account for 
     unforeseen market volatility that may not otherwise be 
     captured by engineering cost indices, as determined by the 
     Secretary, including repricing applicable to the types of 
     construction and current industry standards involved.
       (3) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the applicable amount, as adjusted, has 
     been appropriated.
       (4) Period of indexing.--The period of indexing and 
     adjustment under this subsection for any increment of funding 
     shall start on October 1, 2021, and shall end on the date on 
     which funds are deposited in the applicable Pueblo Trust 
     Fund.
       (c) State Cost Share.--Pursuant to the Agreement, the State 
     shall contribute--
       (1) $23,500,000, as adjusted for inflation pursuant to the 
     Agreement, for the Joint Grants-Milan Project for Water Re-
     Use, Water Conservation and Augmentation of the Rio San Jose, 
     the Village of Milan Projects Fund, and the City of Grants 
     Projects Fund;
       (2) $12,000,000, as adjusted for the inflation pursuant to 
     the Agreement, for Signatory Acequias Projects and Offset 
     Projects Fund for the Association of Community Ditches of the 
     Rio San Jose; and
       (3) $500,000, as adjusted for inflation pursuant to the 
     Agreement, to mitigate impairment to non-Pueblo domestic and 
     livestock groundwater rights as a result of new Pueblo water 
     use.

     SEC. 117. ENFORCEABILITY DATE.

       The Enforceability Date shall be the date on which the 
     Secretary publishes in the Federal Register a statement of 
     findings that--
       (1) to the extent that the Agreement conflicts with this 
     title, the Agreement has been amended to conform with this 
     title;
       (2) the Agreement, as amended, has been executed by all 
     parties to the Agreement, including the United States;
       (3) all of the amounts appropriated under section 116 have 
     been appropriated and deposited in the designated accounts of 
     the Pueblo Trust Fund;
       (4) the State has--
       (A) provided the funding under section 116(c)(3) into 
     appropriate funding accounts;
       (B) provided the funding under paragraphs (1) and (2) of 
     section 116(c) into appropriate funding accounts or entered 
     into funding agreements with the intended beneficiaries for 
     funding under those paragraphs of that section; and
       (C) enacted legislation to amend State law to provide that 
     a Pueblo Water Right may be leased for a term not to exceed 
     99 years, including renewals;
       (5) the Decree Court has approved the Agreement and has 
     entered a Partial Final Judgment and Decree; and
       (6) the waivers and releases under section 118 have been 
     executed by the Pueblos and the Secretary.

     SEC. 118. WAIVERS AND RELEASES OF CLAIMS.

       (a) Waivers and Releases of Claims by Pueblos and the 
     United States as Trustee for Pueblos.--Subject to the 
     reservation of rights and retention of claims under 
     subsection (d), as consideration for recognition of the 
     Pueblo Water Rights and other benefits described in the 
     Agreement and this title, the Pueblos and the United States, 
     acting as trustee for the Pueblos, shall execute a waiver and 
     release of all claims for--
       (1) water rights within the Rio San Jose Stream System that 
     the Pueblos, or the United States acting as trustee for the 
     Pueblos, asserted or could have asserted in any proceeding, 
     including the Adjudication, on or before the Enforceability 
     Date, except to the extent that such rights are recognized in 
     the Agreement and this title; and

[[Page S4405]]

       (2) damages, losses, or injuries to water rights or claims 
     of interference with, diversion of, or taking of water rights 
     (including claims for injury to land resulting from such 
     damages, losses, injuries, interference with, diversion, or 
     taking of water rights) in waters in the Rio San Jose Stream 
     System against any party to the Agreement, including the 
     members and parciantes of Signatory Acequias, that accrued at 
     any time up to and including the Enforceability Date.
       (b) Waivers and Releases of Claims by Pueblos Against 
     United States.--Subject to the reservation of rights and 
     retention of claims under subsection (d), the Pueblos shall 
     execute a waiver and release of all claims against the United 
     States (including any agency or employee of the United 
     States) first arising before the Enforceability Date relating 
     to--
       (1) water rights within the Rio San Jose Stream System that 
     the United States, acting as trustee for the Pueblos, 
     asserted or could have asserted in any proceeding, including 
     the Adjudication, except to the extent that such rights are 
     recognized as part of the Pueblo Water Rights under this 
     title;
       (2) foregone benefits from non-Pueblo use of water, on and 
     off Pueblo Land (including water from all sources and for all 
     uses), within the Rio San Jose Stream System;
       (3) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights 
     (including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion of, 
     or taking of water, or claims relating to a failure to 
     protect, acquire, replace, or develop water, water rights, or 
     water infrastructure) within the Rio San Jose Stream System;
       (4) a failure to provide operation, maintenance, or 
     deferred maintenance for any irrigation system or irrigation 
     project within the Rio San Jose Stream System;
       (5) a failure to establish or provide a municipal, rural, 
     or industrial water delivery system on Pueblo Land within the 
     Rio San Jose Stream System;
       (6) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of irrigation projects on Pueblo Land (including 
     damages, losses, or injuries to fish habitat, wildlife, and 
     wildlife habitat) within the Rio San Jose Stream System;
       (7) a failure to provide a dam safety improvement to a dam 
     on Pueblo Land within the Rio San Jose Stream System;
       (8) the litigation of claims relating to any water right of 
     the Pueblos within the Rio San Jose Stream System; and
       (9) the negotiation, execution, or adoption of the 
     Agreement (including attachments) and this title.
       (c) Effective Date.--The waivers and releases described in 
     subsections (a) and (b) shall take effect on the 
     Enforceability Date.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsections 
     (a) and (b), the Pueblos and the United States, acting as 
     trustee for the Pueblos, shall retain all claims relating 
     to--
       (1) the enforcement of, or claims accruing after the 
     Enforceability Date relating to, water rights recognized 
     under the Agreement, this title, or the Partial Final 
     Judgment and Decree entered in the Adjudication;
       (2) activities affecting the quality of water and the 
     environment, including claims under--
       (A) the Comprehensive Environmental Response, Compensation 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including 
     claims for damages to natural resources;
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act''); 
     and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (3) the right to use and protect water rights acquired 
     after the date of enactment of this Act;
       (4) damage, loss, or injury to land or natural resources 
     that is not due to loss of water or water rights, including 
     hunting, fishing, gathering, or cultural rights;
       (5) all claims for water rights, and claims for injury to 
     water rights, in basins other than the Rio San Jose Stream 
     System, subject to article 8.5 of the Agreement with respect 
     to the claims of the Pueblo of Laguna for water rights in the 
     Rio Puerco Basin and the claims of the Pueblo of Acoma for 
     water rights in the Rio Salado Basin;
       (6) all claims relating to the Jackpile-Paguate Uranium 
     Mine in the State that are not due to loss of water or water 
     rights; and
       (7) all rights, remedies, privileges, immunities, powers, 
     and claims not specifically waived and released pursuant to 
     this title or the Agreement.
       (e) Effect of Agreement and Title.--Nothing in the 
     Agreement or this title--
       (1) reduces or extends the sovereignty (including civil and 
     criminal jurisdiction) of any government entity, except as 
     provided in section 120;
       (2) affects the ability of the United States, as a 
     sovereign, to carry out any activity authorized by law, 
     including--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act'');
       (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
     and
       (E) any regulations implementing the Acts described in 
     subparagraphs (A) through (D);
       (3) affects the ability of the United States to act as 
     trustee for the Pueblos (consistent with this title), any 
     other pueblo or Indian Tribe, or an Allottee of any Indian 
     Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law regarding health, safety, or 
     the environment; or
       (C) to conduct judicial review of any Federal agency 
     action; or
       (5) waives any claim of a member of a Pueblo in an 
     individual capacity that does not derive from a right of the 
     Pueblos.
       (f) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     Enforceability Date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this section precludes the 
     tolling of any period of limitation or any time-based 
     equitable defense under any other applicable law.
       (g) Expiration.--
       (1) In general.--This title shall expire in any case in 
     which the Secretary fails to publish a statement of findings 
     under section 117 by not later than--
       (A) July 1, 2030; or
       (B) such alternative later date as is agreed to by the 
     Pueblos and the Secretary, after providing reasonable notice 
     to the State.
       (2) Consequences.--If this title expires under paragraph 
     (1)--
       (A) the waivers and releases under subsections (a) and (b) 
     shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the Agreement under section 113 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this title 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     title, together with any interest earned on those funds, and 
     any water rights or contracts to use water and title to other 
     property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this title, shall be returned to the Federal 
     Government, unless otherwise agreed to by the Pueblos and the 
     United States and approved by Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     title that were expended or withdrawn, or any funds made 
     available to carry out this title from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State asserted by--

       (aa) the Pueblos; or
       (bb) any user of the Pueblo Water Rights; or

       (II) any other matter covered by subsection (b); or

       (ii) in any future settlement of water rights of the 
     Pueblos.

     SEC. 119. SATISFACTION OF CLAIMS.

        The benefits provided under this title shall be in 
     complete replacement of, complete substitution for, and full 
     satisfaction of any claim of the Pueblos against the United 
     States that are waived and released by the Pueblos pursuant 
     to section 118(b).

     SEC. 120. CONSENT OF UNITED STATES TO JURISDICTION FOR 
                   JUDICIAL REVIEW OF A PUEBLO WATER RIGHT PERMIT 
                   DECISION.

       (a) Consent.--On the Enforceability Date, the consent of 
     the United States is hereby given, with the consent of each 
     Pueblo under article 11.5 of the Agreement, to jurisdiction 
     in the District Court for the Thirteenth Judicial District of 
     the State of New Mexico, and in the New Mexico Court of 
     Appeals and the New Mexico Supreme Court on appeal therefrom 
     in the same manner as provided under New Mexico law, over an 
     action filed in such District Court by any party to a Pueblo 
     Water Rights Permit administrative proceeding under article 
     11.4 of the Agreement for the limited and sole purpose of 
     judicial review of a Pueblo Water Right Permit decision under 
     article 11.5 of the Agreement.
       (b) Limitation.--The consent of the United States under 
     this title is limited to judicial review, based on the record 
     developed through the administrative process of the Pueblo, 
     under a standard of judicial review limited to determining 
     whether the Pueblo decision on the application for Pueblo 
     Water Right Permit--
       (1) is supported by substantial evidence;
       (2) is not arbitrary, capricious, or contrary to law;

[[Page S4406]]

       (3) is not in accordance with this Agreement or the Partial 
     Final Judgment and Decree; or
       (4) shows that the Pueblo acted fraudulently or outside the 
     scope of its authority.
       (c) Pueblo Water Code and Interpretation.--
       (1) In general.--Pueblo Water Code or Pueblo Water Law 
     provisions that meet the requirements of article 11 of the 
     Agreement shall be given full faith and credit in any 
     proceeding described in this section.
       (2) Provisions of the pueblo water code.--To the extent 
     that a State court conducting judicial review under this 
     section must interpret provisions of Pueblo law that are not 
     express provisions of the Pueblo Water Code, the State court 
     shall certify the question of interpretation to the Pueblo 
     court.
       (3) No certification.--Any issues of interpretation of 
     standards in article 11.6 of the Agreement are not subject to 
     certification.
       (4) Limitation.--Nothing in this section limits the 
     jurisdiction of the Decree Court to interpret and enforce the 
     Agreement.

     SEC. 121. MISCELLANEOUS PROVISIONS.

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

     SEC. 122. ANTIDEFICIENCY.

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

       TITLE II--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT

     SEC. 201. PURPOSES.

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

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Adjudication.--The term ``Adjudication'' means the 
     adjudication of water rights pending before the United States 
     District Court for the District of New Mexico: United States 
     of America, on its own behalf, and on behalf of the Pueblos 
     of Jemez, Santa Ana, and Zia, State of New Mexico, ex rel. 
     State Engineer, Plaintiffs, and Pueblos of Jemez, Santa Ana, 
     and Zia, Plaintiffs-in-Intervention v. Tom Abousleman, et 
     al., Defendants, Civil No. 83-cv-01041 (KR).
       (2) Agreement.--The term ``Agreement'' means--
       (A) the document entitled ``Pueblos of Jemez and Zia Water 
     Rights Settlement Agreement'' and dated May 11, 2022, and the 
     appendices and exhibits attached thereto; and
       (B) any amendment to the document referred to in 
     subparagraph (A) (including an amendment to an appendix or 
     exhibit) that is executed to ensure that the Agreement is 
     consistent with this title.
       (3) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 207.
       (4) Jemez river stream system.--The term ``Jemez River 
     Stream System'' means the geographic extent of the area 
     involved in the Adjudication.
       (5) Partial final judgment and decree.--The term ``Partial 
     Final Judgment and Decree'' means a final or interlocutory 
     partial final judgment and decree entered by the United 
     States District Court for the District of New Mexico with 
     respect to the water rights of the Pueblos--
       (A) that is substantially in the form described in the 
     Agreement, as amended to ensure consistency with this title; 
     and
       (B) from which no further appeal may be taken.
       (6) Pueblo.--The term ``Pueblo'' means either of--
       (A) the Pueblo of Jemez; or
       (B) the Pueblo of Zia.
       (7) Pueblo land.--The term ``Pueblo Land'' means any real 
     property that is--
       (A) held by the United States in trust for a Pueblo within 
     the Jemez River Stream System;
       (B) owned by a Pueblo within the Jemez River Stream System 
     before the date on which a court approves the Agreement; or
       (C) acquired by a Pueblo on or after the date on which a 
     court approves the Agreement if the real property--
       (i) is located within the exterior boundaries of the 
     Pueblo, as recognized and confirmed by a patent issued under 
     the Act of December 22, 1858 (11 Stat. 374, chapter V);
       (ii) is located within the exterior boundaries of any 
     territory set aside for a Pueblo by law, executive order, or 
     court decree;
       (iii) is owned by a Pueblo or held by the United States in 
     trust for the benefit of a Pueblo outside the Jemez River 
     Stream System that is located within the exterior boundaries 
     of the Pueblo, as recognized and confirmed by a patent issued 
     under the Act of December 22, 1858 (11 Stat. 374, chapter V); 
     or
       (iv) is located within the exterior boundaries of any real 
     property located outside the Jemez River Stream System set 
     aside for a Pueblo by law, executive order, or court decree 
     if the land is within or contiguous to land held by the 
     United States in trust for the Pueblo as of June 1, 2022.
       (8) Pueblo trust fund.--The term ``Pueblo Trust Fund'' 
     means--
       (A) the Pueblo of Jemez Settlement Trust Fund established 
     under section 205(a); and
       (B) the Pueblo of Zia Settlement Trust Fund established 
     under that section.
       (9) Pueblo water rights.--The term ``Pueblo Water Rights'' 
     means the respective water rights of the Pueblos--
       (A) as identified in the Agreement and section 204; and
       (B) as confirmed in the Partial Final Judgment and Decree.
       (10) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Jemez; and
       (B) the Pueblo of Zia.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (12) State.--The term ``State'' means the State of New 
     Mexico and all officers, agents, departments, and political 
     subdivisions of the State of New Mexico.

     SEC. 203. RATIFICATION OF AGREEMENT.

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

[[Page S4407]]

  


     SEC. 204. PUEBLO WATER RIGHTS.

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

     SEC. 205. SETTLEMENT TRUST FUNDS.

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

     SEC. 206. FUNDING.

       (a) Mandatory Appropriation.--Out of any money in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary--
       (1) for deposit in the Pueblo of Jemez Settlement Trust 
     Fund established under section 205(a) $290,000,000, to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury; and
       (2) for deposit in the Pueblo of Zia Settlement Trust Fund 
     established under that section $200,000,000, to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury.

[[Page S4408]]

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

     SEC. 207. ENFORCEABILITY DATE.

       The Enforceability Date shall be the date on which the 
     Secretary publishes in the Federal Register a statement of 
     findings that--
       (1) to the extent that the Agreement conflicts with this 
     title, the Agreement has been amended to conform with this 
     title;
       (2) the Agreement, as amended, has been executed by all 
     parties to the Agreement, including the United States;
       (3) the United States District Court for the District of 
     New Mexico has approved the Agreement and has entered a 
     Partial Final Judgment and Decree;
       (4) all of the amounts appropriated under section 206 have 
     been appropriated and deposited in the designated accounts of 
     the applicable Pueblo Trust Fund;
       (5) the State has--
       (A) provided the funding under section 206(c)(2) into 
     appropriate funding accounts;
       (B) provided the funding under section 206(c)(1) or entered 
     into a funding agreement with the intended beneficiaries for 
     that funding; and
       (C) enacted legislation to amend State law to provide that 
     a Pueblo Water Right may be leased for a term of not to 
     exceed 99 years, including renewals;
       (6) the waivers and releases under section subsections (a) 
     and (b) of section 208 have been executed by the Pueblos and 
     the Secretary; and
       (7) the waivers and releases under section 208 have been 
     executed by the Pueblos and the Secretary.

     SEC. 208. WAIVERS AND RELEASES OF CLAIMS.

       (a) Waivers and Releases of Claims by Pueblos and United 
     States as Trustee for Pueblos.--Subject to the reservation of 
     rights and retention of claims under subsection (d), as 
     consideration for recognition of the Pueblo Water Rights and 
     other benefits described in the Agreement and this title, the 
     Pueblos and the United States, acting as trustee for the 
     Pueblos, shall execute a waiver and release of all claims 
     for--
       (1) water rights within the Jemez River Stream System that 
     the Pueblos, or the United States acting as trustee for the 
     Pueblos, asserted or could have asserted in any proceeding, 
     including the Adjudication, on or before the Enforceability 
     Date, except to the extent that such a right is recognized in 
     the Agreement and this title; and
       (2) damages, losses, or injuries to water rights or claims 
     of interference with, diversion of, or taking of water rights 
     (including claims for injury to land resulting from such 
     damages, losses, injuries, interference, diversion, or taking 
     of water rights) in the Jemez River Stream System against any 
     party to a settlement, including the members and parciantes 
     of signatory acequias, that accrued at any time up to and 
     including the Enforceability Date.
       (b) Waivers and Releases of Claims by Pueblos Against 
     United States.--Subject to the reservation of rights and 
     retention of claims under subsection (d), each Pueblo shall 
     execute a waiver and release of all claims against the United 
     States (including any agency or employee of the United 
     States) for water rights within the Jemez River Stream System 
     first arising before the Enforceability Date relating to--
       (1) water rights within the Jemez River Stream System that 
     the United States, acting as trustee for the Pueblos, 
     asserted or could have asserted in any proceeding, including 
     the Adjudication, except to the extent that such rights are 
     recognized as part of the Pueblo Water Rights under this 
     title;
       (2) foregone benefits from non-Pueblo use of water, on and 
     off Pueblo Land (including water from all sources and for all 
     uses), within the Jemez River Stream System;
       (3) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights 
     (including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion of, 
     or taking of water, or claims relating to a failure to 
     protect, acquire, replace, or develop water, water rights, or 
     water infrastructure) within the Jemez River Stream System;
       (4) a failure to establish or provide a municipal, rural, 
     or industrial water delivery system on Pueblo Land within the 
     Jemez River Stream System;
       (5) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of irrigation projects on Pueblo Land or Federal 
     land (including damages, losses, or injuries to fish habitat, 
     wildlife, and wildlife habitat) within the Jemez River Stream 
     System;
       (6) a failure to provide for operation, maintenance, or 
     deferred maintenance for any irrigation system or irrigation 
     project within the Jemez River Stream System;
       (7) a failure to provide a dam safety improvement to a dam 
     on Pueblo Land within the Jemez River Stream System;
       (8) the litigation of claims relating to any water right of 
     a Pueblo within the Jemez River Stream System; and
       (9) the negotiation, execution, or adoption of the 
     Agreement (including exhibits or appendices) and this title.
       (c) Effective Date.--The waivers and releases described in 
     subsections (a) and (b) shall take effect on the 
     Enforceability Date.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsections 
     (a) and (b), the Pueblos and the United States, acting as 
     trustee for the Pueblos, shall retain all claims relating 
     to--
       (1) the enforcement of, or claims accruing after the 
     Enforceability Date relating to, water rights recognized 
     under the Agreement, this title, or the Partial Final 
     Judgement and Decree entered into in the Adjudication;
       (2) activities affecting the quality of water, including 
     claims under--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including 
     claims for damages to natural resources;
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act''); 
     and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (3) the right to use and protect water rights acquired 
     after the date of enactment of this Act;
       (4) damage, loss, or injury to land or natural resources 
     that is not due to loss of water or water rights, including 
     hunting, fishing, gathering, or cultural rights;
       (5) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     title or the Agreement; and
       (6) loss of water or water rights in locations outside of 
     the Jemez River Stream System.
       (e) Effect of Agreement and Title.--Nothing in the 
     Agreement or this title--
       (1) reduces or extends the sovereignty (including civil and 
     criminal jurisdiction) of any government entity;
       (2) affects the ability of the United States, as sovereign, 
     to carry out any activity authorized by law, including--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act'');
       (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
     and
       (E) any regulations implementing the Acts described in 
     subparagraphs (A) though (D);
       (3) affects the ability of the United States to act as 
     trustee for the Pueblos (consistent with this title), any 
     other pueblo or Indian Tribe, or an allottee of any Indian 
     Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law regarding health, safety, or 
     the environment;
       (C) to conduct judicial review of any Federal agency 
     action; or
       (D) to interpret Pueblo or Tribal law; or
       (5) waives any claim of a member of a Pueblo in an 
     individual capacity that does not derive from a right of the 
     Pueblos.
       (f) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     Enforceability Date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this section precludes the 
     tolling of any period of limitation or any time-based 
     equitable defense under any other applicable law.
       (g) Expiration.--

[[Page S4409]]

       (1) In general.--This title shall expire in any case in 
     which the Secretary fails to publish a statement of findings 
     under section 207 by not later than--
       (A) July 1, 2030; or
       (B) such alternative later date as is agreed to by the 
     Pueblos and the Secretary, after providing reasonable notice 
     to the State.
       (2) Consequences.--If this title expires under paragraph 
     (1)--
       (A) the waivers and releases under subsections (a) and (b) 
     shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the Agreement under section 203 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this title 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     title, together with any interest earned on those funds, and 
     any water rights or contracts to use water and title to other 
     property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this title shall be returned to the Federal 
     Government, unless otherwise agreed to by the Pueblos and the 
     United States and approved by Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     title that were expended or withdrawn, or any funds made 
     available to carry out this title from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State asserted by--

       (aa) the Pueblos; or
       (bb) any user of the Pueblo Water Rights; or

       (II) any other matter covered by subsection (b); or

       (ii) in any future settlement of water rights of the 
     Pueblos.

     SEC. 209. SATISFACTION OF CLAIMS.

       The benefits provided under this title shall be in complete 
     replacement of, complete substitution for, and full 
     satisfaction of any claim of the Pueblos against the United 
     States that are waived and released by the Pueblos pursuant 
     to section 208(b).

     SEC. 210. MISCELLANEOUS PROVISIONS.

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

     SEC. 211. ANTIDEFICIENCY.

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