[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4591-S4594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2268. Mr. HEINRICH submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

      DIVISION E--OHKAY OWINGEH RIO CHAMA WATER RIGHTS SETTLEMENT

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Ohkay Owingeh Rio Chama 
     Water Rights Settlement Act of 2024''.

     SEC. 5002. PURPOSES.

       The purposes of this division are--
       (1) to achieve a fair, equitable, and final settlement of 
     all claims to water rights in the Rio Chama Stream System in 
     the State for--
       (A) Ohkay Owingeh; and
       (B) the United States, acting as trustee for Ohkay Owingeh;
       (2) to authorize, ratify, and confirm the Agreement entered 
     into by Ohkay Owingeh, the State, and various other parties 
     to the extent that the Agreement is consistent with this 
     division;
       (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 division; and
       (4) to authorize funds necessary for the implementation of 
     the Agreement and this division.

     SEC. 5003. DEFINITIONS.

       In this division:
       (1) Adjudication.--The term ``Adjudication'' means the 
     general stream adjudication of water rights in the Rio Chama 
     Stream System entitled ``State of New Mexico ex rel. State 
     Engineer v. Aragon'', Civil No. 69-CV-07941-KWR/KK, pending, 
     as of the date of enactment of this Act, in the United States 
     District Court for the District of New Mexico.
       (2) Agreement.--The term ``Agreement'' means--
       (A) the document entitled ``Ohkay Owingeh Rio Chama Water 
     Rights Settlement'' and dated July 5, 2023, and the exhibits 
     attached thereto; and
       (B) any amendment to the document referred to in 
     subparagraph (A) (including an amendment to an exhibit 
     thereto) that is executed to ensure that the Agreement is 
     consistent with this division.
       (3) Bosque.--The term ``bosque'' means a gallery forest 
     located along the riparian floodplain of a stream, riverbank, 
     or lake.
       (4) City of espanola.--The term ``City of Espanola'' means 
     a municipal corporation of the State.
       (5) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 5008.
       (6) Ohkay owingeh; pueblo.--The terms ``Ohkay Owingeh'' and 
     ``Pueblo'' mean the body politic and federally recognized 
     Indian nation.
       (7) 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 Ohkay Owingeh in the Rio Chama 
     Stream System--
       (A) that is substantially in the form described in the 
     Agreement, as amended to ensure consistency with this 
     division; and
       (B) from which no further appeal may be taken.
       (8) Pueblo grant.--The term ``Pueblo Grant'' means the land 
     recognized and confirmed by the Federal patent issued to 
     Ohkay Owingeh (then known as the ``Pueblo of San Juan'') 
     under the Act of December 22, 1858 (11 Stat. 374, chapter V).
       (9) Pueblo land.--The term ``Pueblo Land'' means any real 
     property that is--
       (A) held by the United States in trust for Ohkay Owingeh 
     within the Rio Chama Stream System;
       (B) owned by the Pueblo within the Rio Chama Stream System 
     before the Enforceability Date; or
       (C) acquired by the Pueblo within the Rio Chama Stream 
     System on or after the Enforceability Date if the real 
     property is located--
       (i) within the exterior boundaries of the Pueblo Grant; or
       (ii) within the exterior boundaries of any territory set 
     aside for the Pueblo by law, Executive order, or court 
     decree.
       (10) Pueblo water rights.--The term ``Pueblo Water Rights'' 
     means the water rights of Ohkay Owingeh in the Rio Chama 
     Stream System--
       (A) as identified in the Agreement and section 5005; and
       (B) as confirmed in the Partial Final Judgment and Decree.
       (11) Rio chama stream system.--The term ``Rio Chama Stream 
     System'' means the Rio Chama surface water drainage basin 
     within the State, as illustrated in Exhibit A to the 
     Agreement.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (13) Signatory acequia.--The term ``Signatory Acequia'' 
     means an acequia that is a signatory to the Agreement.
       (14) State.--The term ``State'' means the State of New 
     Mexico.
       (15) Trust fund.--The term ``Trust Fund'' means the Ohkay 
     Owingeh Water Rights Settlement Trust Fund established under 
     section 5006(a).

     SEC. 5004. RATIFICATION OF AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this division, and 
     to the extent that the Agreement does not conflict with this 
     division, the Agreement is authorized, ratified, and 
     confirmed.
       (2) Amendments.--If an amendment to the Agreement, or to 
     any exhibit to the Agreement requiring the signature of the 
     Secretary, is executed in accordance with this division to 
     make the Agreement consistent with this division, the 
     amendment is authorized, ratified, and confirmed.
       (b) Execution.--
       (1) In general.--To the extent the Agreement does not 
     conflict with this division, the Secretary shall execute the 
     Agreement, including all exhibits thereto or parts of the 
     Agreement requiring the signature of the Secretary.

[[Page S4592]]

       (2) Modifications.--Nothing in this division prohibits the 
     Secretary, after execution of the Agreement, from approving 
     any modification to the Agreement, including an exhibit to 
     the Agreement, that is consistent with this division, 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 
     division, 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 and coordination.--
       (A) In general.--In implementing the Agreement and this 
     division, the Pueblo 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.
       (C) Coordination with army corps of engineers.--For any 
     bosque restoration or improvement project carried out by the 
     Pueblo with funds appropriated under this division, the 
     Pueblo shall coordinate with the Corps of Engineers to ensure 
     that work on the project shall not interfere with or 
     adversely affect any authorized Federal project that is under 
     the jurisdiction and authority of the Corps of Engineers.
       (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 and coordination activities under this 
     subsection shall be paid from funds deposited in the Trust 
     Fund, subject to the condition that any costs associated with 
     the performance of Federal approval or other review of that 
     compliance work or costs associated with inherently Federal 
     functions shall remain the responsibility of the Secretary, 
     with the exception that costs for review of bosque 
     restoration or improvement projects by the Corps of Engineers 
     described in paragraph (2)(C) shall be paid from funds 
     deposited in the Trust Fund.

     SEC. 5005. 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 Ohkay Owingeh in accordance with the Agreement and 
     this division.
       (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 Ohkay Owingeh, or by the United States on 
     behalf of Ohkay Owingeh, 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 
     division.
       (d) Authority of the Pueblo.--
       (1) In general.--Ohkay Owingeh may allocate, distribute, 
     and lease the Pueblo Water Rights for use on Pueblo Land in 
     accordance with the Agreement, this division, and applicable 
     Federal law, including the Act of August 9, 1955 (25 U.S.C. 
     415 et seq.) (commonly known as the ``Long-Term Leasing 
     Act'').
       (2) Use off pueblo land.--
       (A) In general.--Ohkay Owingeh may allocate, distribute, 
     and lease the Pueblo Water Rights for use off Pueblo Land in 
     accordance with the Agreement, this division, and applicable 
     Federal law, subject to the approval of the Secretary.
       (B) Maximum term of leases.--The maximum term of any lease, 
     including all renewals, under this paragraph shall not exceed 
     99 years.
       (e) Administration.--
       (1) No alienation.--The Pueblo shall not permanently 
     alienate any portion of the Pueblo Water Rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this division for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this division 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. 5006. SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund, to be known as the ``Ohkay Owingeh Water Rights 
     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 Trust 
     Fund under subsection (b), together with any investment 
     earnings, including interest, earned on those amounts for the 
     purpose of carrying out this division.
       (b) Deposits.--The Secretary shall deposit in the Trust 
     Fund the amounts made available pursuant to section 5007(a).
       (c) Management and Interest.--
       (1) Management.--On receipt and deposit of funds into the 
     Trust Fund under subsection (b), the Secretary shall manage, 
     invest, and distribute all amounts in the Trust Fund 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 amounts 
     deposited into the Trust Fund under subsection (b), any 
     investment earnings, including interest, earned on those 
     amounts held in the 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, 
     the Trust Fund, including any investment earnings (including 
     interest) earned on those amounts, shall be made available to 
     Ohkay Owingeh by the Secretary beginning on the 
     Enforceability Date, subject to the requirements of this 
     section, except for funds to be made available to Ohkay 
     Owingeh pursuant to paragraph (2).
       (2) Use of funds.---Notwithstanding paragraph (1), not more 
     than $100,000,000 of the amounts deposited in the Trust Fund, 
     including any investment earnings, including interest, earned 
     on those amounts, shall be available to Ohkay Owingeh for the 
     following uses on the date on which the amounts are deposited 
     in the Trust Fund:
       (A) Diversions of surface water and groundwater to the Rio 
     Chama bosque for immediate and essential restoration and 
     maintenance of the bosque.
       (B) Fulfillment of the contribution of the Pueblo under the 
     Agreement for improvements to senior acequias on Pueblo Land 
     supplying water to the Pueblo and non-Indians.
       (C) Establishment and operation of the water rights 
     management administrative department of the Pueblo.
       (D) Acquisition of water rights.
       (E) Development of water infrastructure plans, preparing 
     environmental compliance documents, and water project 
     engineering and construction.
       (e) Withdrawals.--
       (1) Withdrawals under the american indian trust fund 
     management reform act of 1994.--
       (A) In general.--The Pueblo may withdraw any portion of the 
     amounts in the 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 
     subparagraph (A) shall require that the Pueblo shall spend 
     all amounts withdrawn from the Trust Fund, and any investment 
     earnings (including interest) earned on those amounts through 
     the investments under the Tribal management plan, in 
     accordance with this division.
       (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 
     subparagraph (A) to ensure that amounts withdrawn by the 
     Pueblo from the Trust Fund under that subparagraph are used 
     in accordance with this division.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--Ohkay Owingeh may submit to the Secretary 
     a request to withdraw funds from the Trust Fund pursuant to 
     an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw amounts under 
     an expenditure plan under subparagraph (A), the Pueblo shall 
     submit to the Secretary an expenditure plan for any portion 
     of the Trust Fund 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 division.
       (C) Inclusions.--An expenditure plan under subparagraph (A) 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Trust 
     Fund will be used by Ohkay Owingeh, 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 division.
       (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

[[Page S4593]]

     paragraph are used in accordance with this division.
       (f) Effect of Section.--Nothing in this section gives Ohkay 
     Owingeh 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.--The Trust Fund may only be used 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 
     supply or wastewater infrastructure.
       (2) Planning, permitting, designing, engineering, 
     constructing, reconstructing, replacing, rehabilitating, 
     operating, or repairing water production, treatment, or 
     delivery infrastructure, acquisition of water, or on-farm 
     improvements for irrigation, livestock, and support of 
     agriculture.
       (3) Planning, permitting, designing, engineering, 
     constructing, reconstructing, replacing, rehabilitating, 
     operating, monitoring or other measures for watershed and 
     endangered species habitat protection, bosque restoration or 
     improvement (including any required cost shares for and 
     allowable contributions to a Federal project or program), 
     land and water rights acquisition, water-related Pueblo 
     community welfare and economic development, and costs 
     relating to implementation of the Agreement.
       (4) The management and administration of any water rights 
     of the Pueblo.
       (5) Ensuring environmental compliance in the development 
     and construction of projects under this division.
       (h) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Pueblo under paragraph (1) or (2) of subsection (e).
       (i) Expenditure Reports.--Ohkay Owingeh 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 the Trust 
     Fund shall be distributed on a per capita basis to any member 
     of Ohkay Owingeh.
       (k) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Trust Fund shall remain in Ohkay Owingeh, except that title 
     to projects that are improved with funds from the Trust Fund 
     for the mutual benefit of the Pueblo and non-Indians, on 
     property owned by non-Indians, shall remain with the 
     underlying non-Indian owner.
       (l) Operation, Maintenance, and Replacement.--All 
     operation, maintenance, and replacement costs of any project 
     constructed using funds from the Trust Fund shall be the 
     responsibility of Ohkay Owingeh.

     SEC. 5007. FUNDING.

       (a) Mandatory Appropriations.--Out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary for deposit in the 
     Trust Fund $745,000,000, to remain available until expended, 
     withdrawn, or reverted to the general fund of the Treasury.
       (b) Fluctuation in Costs.--
       (1) In general.--The amount appropriated under subsection 
     (a) shall be increased or decreased, as appropriate, by such 
     amounts as may be justified by reason of ordinary 
     fluctuations in costs, as indicated by the Bureau of 
     Reclamation Construction Cost Index-Composite Trend.
       (2) Construction costs adjustment.--The amount appropriated 
     under subsection (a) shall be adjusted to address 
     construction cost changes necessary to account for unforeseen 
     market volatility that may not otherwise be captured by 
     engineering cost indices, as determined by the Secretary, 
     including repricing applicable to the types of construction 
     and current industry standards involved.
       (3) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the applicable amount, as adjusted, has 
     been appropriated.
       (4) Period of indexing.--The period of indexing adjustment 
     under this subsection for any increment of funding shall 
     start on June 1, 2023, and end on the date on which the funds 
     are deposited in the Trust Fund.
       (c) State Cost Share.--Pursuant to the Agreement, the State 
     shall contribute--
       (1) $98,500,000, as adjusted for inflation pursuant to the 
     Agreement, for Signatory Acequias ditch improvements, 
     projects, and other purposes described in the Agreement;
       (2) $32,000,000, as adjusted for inflation pursuant to the 
     Agreement, for the City of Espanola for water system 
     improvement projects; and
       (3) $500,000, to be deposited in an interest-bearing 
     account, to mitigate impairment to non-Pueblo domestic and 
     livestock groundwater rights as a result of new Pueblo water 
     use.

     SEC. 5008. 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 
     division, the Agreement has been amended to conform with this 
     division;
       (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 the amounts appropriated under section 5007(a) have 
     been appropriated and deposited in the Trust Fund;
       (5) the State has--
       (A) provided the funding under section 5007(c)(1) or 
     entered into a funding agreement with the intended 
     beneficiary for that funding;
       (B) provided the funding under section 5007(c)(2) or 
     entered into a funding agreement with the intended 
     beneficiary for that funding;
       (C) provided the funding under section 5007(c)(3) and 
     deposited that amount into the appropriate funding account; 
     and
       (D) enacted legislation to amend State law to provide that 
     the Pueblo Water Rights may be leased for a term not to 
     exceed 99 years, including renewals; and
       (6) the waivers and releases under section 5009 have been 
     executed by Ohkay Owingeh and the Secretary.

     SEC. 5009. WAIVERS AND RELEASES OF CLAIMS.

       (a) Waivers and Releases of Claims by Ohkay Owingeh and 
     United States as Trustee for Ohkay Owingeh.--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 division, Ohkay Owingeh and the United 
     States, acting as trustee for Ohkay Owingeh, shall execute a 
     waiver and release of all claims for--
       (1) water rights within the Rio Chama Stream System that 
     Ohkay Owingeh, or the United States acting as trustee for 
     Ohkay Owingeh, 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 division; 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 Rio Chama Stream System that accrued 
     at any time up to and including the Enforceability Date.
       (b) Waivers and Releases of Claims by Ohkay Owingeh Against 
     the United States.--Subject to the reservation of rights and 
     retention of claims under subsection (d), Ohkay Owingeh 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 Rio Chama Stream System 
     first arising before the Enforceability Date relating to--
       (1) water rights within the Rio Chama Stream System that 
     the United States, acting as trustee for Ohkay Owingeh, 
     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 
     division;
       (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 Chama 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 Chama Stream System;
       (4) failure to establish or provide a municipal, rural, or 
     industrial water delivery system on Pueblo Land within the 
     Rio Chama 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 and facilities (including damages, losses, or injuries 
     to fish habitat, wildlife, and wildlife habitat) within the 
     Rio Chama Stream System;
       (6) failure to provide for operation, maintenance, or 
     deferred maintenance for any irrigation system or irrigation 
     project within the Rio Chama Stream System;
       (7) failure to provide a dam safety improvement to a dam on 
     Pueblo Land within the Rio Chama Stream System;
       (8) damage, loss, or injury to the bosque area of the Rio 
     Chama due to the construction, operation, and maintenance of 
     Abiquiu Dam and its associated infrastructure and resulting 
     Rio Chama flow management;
       (9) the litigation of claims relating to any water right of 
     Ohkay Owingeh within the Rio Chama Stream System;
       (10) the taking of the bosque property of the Pueblo within 
     the Pueblo Grant on the Rio Chama and Rio Grande as asserted 
     in Ohkay Owingeh v. United States, No. 22-1607L (Court of 
     Federal Claims);
       (11) failure of the United States to acknowledge and 
     protect aboriginal rights to water in the Rio Chama Stream 
     System;
       (12) the failure of the United States to develop the 
     irrigation water resources in the

[[Page S4594]]

     Rio Chama Stream System on the Pueblo Grant, including 
     failure to--
       (A) construct and deliver water through the Highline Canal;
       (B) make improvements to the Chamita Ditch; and
       (C) repurchase arable land unlawfully obtained by non-
     Indians;
       (13) the failure of the United States to prevent or remedy 
     non-Indians' trespass on or seizure of arable Pueblo lands in 
     the Rio Chama Stream System on the Pueblo Grant; and
       (14) the negotiation, execution, or adoption of the 
     Agreement (including exhibits) and this division.
       (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 Pueblo and the United States, acting as 
     trustee for Ohkay Owingeh, 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 division, or the Partial Final 
     Judgment and Decree entered 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.); 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 
     division or the Agreement; and
       (6) loss of water or water rights in locations outside of 
     the Rio Chama Stream System.
       (e) Effect of Agreement and Division.--Nothing in the 
     Agreement or this division--
       (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.);
       (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 Pueblo (consistent with this division), any 
     other pueblo or Indian Tribe, or an allottee of any other 
     pueblo or 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 relating to health, safety, or 
     the environment;
       (C) to conduct judicial review of any Federal agency 
     action; or
       (D) to interpret Pueblo law; or
       (5) waives any claim of a member of Ohkay Owingeh in an 
     individual capacity that does not derive from a right of the 
     Pueblo.
       (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 division shall expire in any case in 
     which the Secretary fails to publish a statement of findings 
     under section 5008 by not later than--
       (A) July 1, 2038; or
       (B) such alternative later date as is agreed to by Ohkay 
     Owingeh and the Secretary, after providing reasonable notice 
     to the State.
       (2) Consequences.--If this division 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 5004 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this division 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     division, 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 division shall be returned to the Federal 
     Government, unless otherwise agreed to by Ohkay Owingeh 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 
     division that were expended or withdrawn, or any funds made 
     available to carry out this division 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) Ohkay Owingeh; 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 Ohkay 
     Owingeh.

     SEC. 5010. SATISFACTION OF CLAIMS.

       The benefits provided under this division shall be in 
     complete replacement of, complete substitution for, and full 
     satisfaction of any claim of Ohkay Owingeh against the United 
     States that is waived and released by Ohkay Owingeh pursuant 
     to section 5009(b).

     SEC. 5011. MISCELLANEOUS PROVISIONS.

       (a) No Waiver of Sovereign Immunity by the United States.--
     Nothing in this division waives the sovereign immunity of the 
     United States.
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     division quantifies or diminishes any land or water right, or 
     any claim or entitlement to land or water, of an Indian 
     Tribe, band, pueblo, or community other than Ohkay Owingeh.
       (c) Effect on Current Law.--Nothing in this division 
     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 division, this division shall control.
       (e) Hold Harmless.--For any bosque restoration or 
     improvement project carried out by the Pueblo with funds 
     appropriated under this division, the Pueblo shall hold and 
     save the United States free from damages due to the 
     construction or operation and maintenance of the project.

     SEC. 5012. ANTIDEFICIENCY.

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