[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4599-S4606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2270. 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--RIO SAN JOSE AND RIO JEMEZ WATER SETTLEMENTS ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Rio San Jose and Rio
Jemez Water Settlements Act of 2024''.
TITLE LI--PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS SETTLEMENT
SEC. 5101. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all 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. 5102. 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--
(i) the United States for the benefit of 1 or more
individual Indians; or
(ii) an Indian Tribe holding an undivided fractional
beneficial interest in a parcel of land described in
subparagraph (A).
(5) Allottee.--The term ``Allottee'' means--
(A) an individual Indian holding a beneficial interest in
an Allotment; or
(B) an Indian Tribe holding an undivided fractional
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 5107.
(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.
(C) Exclusion.--The term ``Pueblo Land'' does not include
an Allotment.
(11) Pueblo trust fund.--The term ``Pueblo Trust Fund''
means--
(A) the Pueblo of Acoma Settlement Trust Fund established
under section 5105(a);
(B) the Pueblo of Laguna Settlement Trust Fund established
under that section; and
(C) the Acomita Reservoir Works Trust Fund established
under 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 5104; and
[[Page S4600]]
(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
5104.
(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. 5103. 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.
(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.
SEC. 5104. 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) Allottee 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 water right decreed to the United States in trust
for an Allottee in a general stream adjudication, including
the Adjudication, 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. 5105. 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
5106(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
[[Page S4601]]
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, including any investment earnings,
including interest, earned on that amount 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 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. 5106. 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 deposit in the following accounts:
(1) Pueblo of acoma settlement trust fund.--
(A) The water rights settlement account.--For deposit in
the Water Rights Settlement Account of the Pueblo of Acoma
Settlement Trust Fund established under section 5105(b)(1)(A)
$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.--For deposit in the Water Infrastructure Operations
and Maintenance Account of the Pueblo of Acoma Settlement
Trust Fund established under section 5105(b)(1)(B)
$14,000,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
(C) The feasibility studies settlement account.--For
deposit in the Feasibility Studies Settlement Account of the
Pueblo of Acoma Settlement Trust Fund established under
section 5105(b)(1)(C) $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.--For deposit in
the Water Rights Settlement Account of the Pueblo of Laguna
Settlement Trust Fund established under section 5105(b)(2)(A)
$464,000,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
[[Page S4602]]
(B) The water infrastructure operations and maintenance
account.--For deposit in the Water Infrastructure Operations
and Maintenance Account of the Pueblo of Laguna Settlement
Trust Fund established under section 5105(b)(2)(B)
$26,000,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
(C) The feasibility studies settlement account.--For
deposit in the Feasibility Studies Settlement Account of the
Pueblo of Laguna Settlement Trust Fund established under
section 5105(b)(2)(C) $3,250,000, to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(3) Acomita reservoir works trust fund.--For deposit in the
Acomita Reservoir Works Trust Fund established under section
5105(a) $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. 5107. 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 5106(a)
have been appropriated and deposited in the designated
accounts of the Pueblo Trust Fund;
(4) the State has--
(A) provided the funding under section 5106(c)(3) into
appropriate funding accounts;
(B) provided the funding under paragraphs (1) and (2) of
section 5106(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 5108 have been
executed by the Pueblos and the Secretary.
SEC. 5108. 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
(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 for 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 5110;
(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;
[[Page S4603]]
(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 5107 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 5103 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. 5109. 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 5108(b).
SEC. 5110. 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;
(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. 5111. 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. 5112. 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 LII--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT
SEC. 5201. 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. 5202. 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 5207.
(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
[[Page S4604]]
(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 5205(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 5204; 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. 5203. 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.
SEC. 5204. 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. 5205. 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
5206(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, including any investment earnings (including interest)
earned on that amount 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
[[Page S4605]]
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. 5206. 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 deposit in the following accounts:
(1) Pueblo of jemez settlement trust fund.--For deposit in
the Pueblo of Jemez Settlement Trust Fund established under
section 5205(a) $290,000,000, to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(2) Pueblo of zia settlement trust fund.--For deposit in
the Pueblo of Zia Settlement Trust Fund established under
section 5205(a) $200,000,000, 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 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. 5207. 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 5206(a)
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 5206(c)(2) into
appropriate funding accounts;
(B) provided the funding under section 5206(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; and
(6) the waivers and releases under section subsections (a)
and (b) of section 5208 have been executed by the Pueblos and
the Secretary.
SEC. 5208. 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 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), 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,
[[Page S4606]]
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, powers,
and claims 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 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.--
(1) In general.--This title shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 5207 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 5203 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. 5209. 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 5208(b).
SEC. 5210. 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. 5211. 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.
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