[Congressional Record (Bound Edition), Volume 156 (2010), Part 1]
[House]
[Pages 399-410]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    AAMODT LITIGATION SETTLEMENT ACT

  Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 1017, I call up 
the bill (H.R. 3342) to authorize the Secretary of the Interior, acting 
through the Commissioner of Reclamation, to develop water 
infrastructure in the Rio Grande Basin, and to approve the settlement 
of the water rights claims of the Pueblos of Nambe, Pojoaque, San 
Ildefonso, and Tesuque, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 1017, the bill 
is considered read.
  The amendment in the nature of a substitute printed in the bill is 
adopted.
  The text of the bill, as amended, is as follows:

                               H.R. 3342

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

             TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

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

        TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

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

     SEC. 2. DEFINITIONS.

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

[[Page 400]]

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

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

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

             TITLE I--POJOAQUE BASIN REGIONAL WATER SYSTEM

     SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM.

       (a) In General.--The Secretary, acting through the 
     Commissioner of Reclamation, shall plan, design, and 
     construct a regional water system in accordance with the 
     Settlement Agreement, to be known as the ``Regional Water 
     System''--
       (1) to divert and distribute water to the Pueblos and to 
     the County Water Utility, in accordance with the Engineering 
     Report; and
       (2) that consists of--
       (A) surface water diversion facilities at San Ildefonso 
     Pueblo on the Rio Grande; and
       (B) any treatment, transmission, storage and distribution 
     facilities and wellfields for the County Distribution System 
     and Pueblo Water Facilities that are necessary to supply 
     4,000 acre-feet of water within the Pojoaque Basin, unless 
     modified in accordance with subsection (d)(2).
       (b) Final Project Design.--The Secretary shall issue a 
     final project design within 90 days of completion of the 
     environmental compliance described in section 106 for the 
     Regional Water System that--
       (1) is consistent with the Engineering Report; and
       (2) includes a description of any Pueblo Water Facilities.
       (c) Acquisition of Land; Water Rights.--
       (1) Acquisition of land.--Upon request, and in exchange for 
     the funding which shall be provided in section 107(c), the 
     Pueblos shall consent to the grant of such easements and 
     rights-of-way as may be necessary for the construction of the 
     Regional Water System at no cost to the Secretary. To the 
     extent that the State or County own easements or rights-of-
     way that may be used for construction of the Regional Water 
     System, the State or County shall provide that land or 
     interest in land as necessary for construction at no cost to 
     the Secretary. The Secretary shall acquire any other land or 
     interest in land that is necessary for the construction of 
     the Regional Water System.
       (2) Water rights.--The Secretary shall not condemn water 
     rights for purposes of the Regional Water System.
       (d) Conditions for Construction.--
       (1) In general.--The Secretary shall not begin construction 
     of the Regional Water System facilities until the date on 
     which--
       (A) the Secretary executes--
       (i) the Settlement Agreement; and
       (ii) the Cost-Sharing and System Integration Agreement; and
       (B) the State and the County have entered into an agreement 
     with the Secretary to contribute the non-Federal share of the 
     costs of the construction in accordance with the Cost-Sharing 
     and System Integration Agreement.
       (2) Modifications to regional water system.--
       (A) In general.--The State and the County, in agreement 
     with the Pueblos, the City, and other signatories to the 
     Cost-Sharing and System Integration Agreement, may modify the 
     extent, size, and capacity of the County Distribution System 
     as set forth in the Cost-Sharing and System Integration 
     Agreement.
       (B) Effect.--A modification under subparagraph (A)--
       (i) shall not affect implementation of the Settlement 
     Agreement so long as the provisions in section 203 are 
     satisfied; and
       (ii) may result in an adjustment of the State and County 
     cost-share allocation as set forth in the Cost-Sharing and 
     System Integration Agreement.
       (e) Applicable Law.--The Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.) shall not 
     apply to the design and construction of the Regional Water 
     System.
       (f) Construction Costs.--
       (1) Pueblo water facilities.--
       (A) In general.--Except as provided in subparagraph (B), 
     the expenditures of the Secretary to construct the Pueblo 
     Water Facilities under this section shall not exceed 
     $106,400,000.
       (B) Exception.--The amount described in subparagraph (A) 
     shall be increased or decreased, as appropriate, based on 
     ordinary fluctuations in construction costs since October 1, 
     2006, as determined using applicable engineering cost 
     indices.
       (2) Costs to pueblo.--The costs incurred by the Secretary 
     in carrying out activities to construct the Pueblo Water 
     Facilities under this section shall not be reimbursable to 
     the United States.
       (3) County distribution system.--The costs of constructing 
     the County Distribution System shall be at State and local 
     expense.

[[Page 401]]

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

     SEC. 102. OPERATING AGREEMENT.

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

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

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

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

       (a) In General.--For the purpose of providing a reliable 
     firm supply of water from the Regional Water System for the 
     Pueblos in accordance with the Settlement Agreement, the 
     Secretary, on behalf of the Pueblos, shall--
       (1) acquire water rights to--
       (A) 302 acre-feet of Nambe reserved water described in 
     section 2.6.2 of the Settlement Agreement pursuant to section 
     107(c)(1)(C); and
       (B) 1141 acre-feet from water acquired by the County for 
     water rights commonly referred to as ``Top of the World'' 
     rights in the Aamodt Case;
       (2) enter into a contract with the Pueblos for 1,079 acre-
     feet in accordance with section 11 of the San Juan-Chama 
     Project Act; and
       (3) by application to the State Engineer, seek approval to 
     divert the water acquired and made available under paragraphs 
     (1) and (2) at the points of diversion for the Regional Water 
     System, consistent with the Settlement Agreement and the 
     Cost-Sharing and System Integration Agreement.
       (b) Forfeiture.--The nonuse of the water supply secured by 
     the Secretary for the Pueblos under subsection (a) shall in 
     no event result in forfeiture, abandonment, relinquishment, 
     or other loss thereof.
       (c) Trust.--The Pueblo water supply secured under 
     subsection (a) shall be held by the United States in trust 
     for the Pueblos.
       (d) Applicable Law.--The water supply made available 
     pursuant to subsection (a)(2) shall be subject to the San 
     Juan-Chama Project Act, and no preference shall be provided 
     to the Pueblos as a result of subsection (c) with regard to 
     the delivery or distribution of San Juan-Chama Project water 
     or the management or operation of the San Juan-Chama Project.
       (e) Contract for San Juan-Chama Project Water Supply.--With 
     respect to the contract for the water supply required by 
     subsection (a)(2), such San Juan-Chama Project contract shall 
     be pursuant to the following terms:
       (1) Waivers.--Notwithstanding the provisions of the San 
     Juan-Chama Project Act, or any other provision of law--
       (A) the Secretary shall waive the entirety of the Pueblos' 
     share of the construction costs for the San Juan-Chama 
     Project, and pursuant to that waiver, the Pueblos' share of 
     all construction costs for the San Juan-Chama Project, 
     inclusive of both principal and interest, due from 1972 to 
     the execution of the contract required by subsection (a)(2), 
     shall be nonreimbursable;
       (B) the Secretary's waiver of each Pueblo's share of the 
     construction costs for the San Juan-Chama Project will not 
     result in an increase in the pro rata shares of other San 
     Juan-

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     Chama Project water contractors, but such costs shall be 
     absorbed by the United States Treasury or otherwise 
     appropriated to the Department of the Interior; and
       (C) the costs associated with any water made available from 
     the San Juan-Chama Project which were determined 
     nonreimbursable and nonreturnable pursuant to Public Law No. 
     88-293, 78 Stat. 171 (March 26, 1964), shall remain 
     nonreimbursable and nonreturnable.
       (2) Termination.--The contract shall provide that it shall 
     terminate only upon the following conditions--
       (A) failure of the United States District Court for the 
     District of New Mexico to enter a final decree for the Aamodt 
     Case by December 15, 2012, or within the time period of any 
     extension of that deadline granted by the court; or
       (B) entry of an order by the United States District Court 
     for the District of New Mexico voiding the final decree and 
     Settlement Agreement for the Aamodt Case pursuant to section 
     10.3 of the Settlement Agreement.
       (f) Limitation.--The Secretary shall use the water supply 
     secured under subsection (a) only for the purposes described 
     in the Settlement Agreement.
       (g) Fulfillment of Water Supply Acquisition Obligations.--
     Compliance with subsections (a) through (f) shall satisfy any 
     and all obligations of the Secretary to acquire or secure a 
     water supply for the Pueblos pursuant to the Settlement 
     Agreement.
       (h) Rights of Pueblos in Settlement Agreement Unaffected.--
     Notwithstanding the provisions of subsections (a) through 
     (g), the Pueblos, the County or the Regional Water Authority 
     may acquire any additional water rights to ensure all parties 
     to the Settlement Agreement receive the full allocation of 
     water provided by the Settlement Agreement and nothing in 
     this Act amends or modifies the quantities of water allocated 
     to the Pueblos thereunder.

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

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

     SEC. 105. AAMODT SETTLEMENT PUEBLOS' FUND.

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

     SEC. 106. ENVIRONMENTAL COMPLIANCE.

       (a) In General.--In carrying out this title, the Secretary 
     shall comply with each law of the Federal Government relating 
     to the protection of the environment, including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (b) National Environmental Policy Act.--Nothing in this Act 
     affects the outcome of any analysis conducted by the 
     Secretary or any other Federal official under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       (a) Regional Water System.--
       (1) In general.--Subject to paragraph (4), there is 
     authorized to be appropriated to the

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

        TITLE II--POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT

     SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.

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

     SEC. 202. ENVIRONMENTAL COMPLIANCE.

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

     SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

       (a) Conditions Precedent.--
       (1) In general.--Upon the fulfillment of the conditions 
     precedent described in paragraph (2), the Secretary shall 
     publish in the Federal Register by September 15, 2017, a 
     statement of finding that the conditions have been fulfilled.
       (2) Requirements.--The conditions precedent referred to in 
     paragraph (1) are the conditions that--
       (A) to the extent that the Settlement Agreement conflicts 
     with this title, the Settlement Agreement has been revised to 
     conform with this title;
       (B) the Settlement Agreement, so revised, including waivers 
     and releases pursuant to section 204, has been executed by 
     the appropriate parties and the Secretary;
       (C) Congress has fully appropriated, or the Secretary has 
     provided from other authorized sources, all funds authorized 
     by section 107, with the exception of subsection (a)(1) of 
     that section, by December 15, 2016;
       (D) the Secretary has acquired and entered into appropriate 
     contracts for the water rights described in section 103(a);
       (E) for purposes of section 103(a), permits have been 
     issued by the New Mexico State Engineer to the Regional Water 
     Authority to change the points of diversion to the mainstem 
     of the Rio Grande for the diversion and consumptive use of at 
     least 2,381 acre-feet by the Pueblos as part of the water 
     supply for the Regional Water System, subject to the 
     conditions that--
       (i) the permits shall be free of any condition that 
     materially adversely affects the ability of the Pueblos or 
     the Regional Water Authority to divert or use the Pueblo 
     water supply described in section 103(a), including water 
     rights acquired in addition to those described in section 
     103(a), in accordance with section 103(g); and
       (ii) the Settlement Agreement shall establish the means to 
     address any permit conditions to ensure the ability of the 
     Pueblos to fully divert and consume at least 2,381 acre-feet 
     as part of the water supply for the Regional Water System, 
     including defining the conditions that will not constitute a 
     material adverse affect;
       (F) the State has enacted any necessary legislation and 
     provided any funding that may be required under the 
     Settlement Agreement;
       (G) a partial final decree that sets forth the water rights 
     and other rights to water to which the Pueblos are entitled 
     under the Settlement Agreement and this title and that 
     substantially conforms to the Settlement Agreement has been 
     approved by the United States District Court for the District 
     of New Mexico; and
       (H) a final decree that sets forth the water rights for all 
     parties to the Aamodt Case and that substantially conforms to 
     the Settlement Agreement has been approved by the United 
     States District Court for the District of New Mexico by June 
     15, 2017.
       (b) Expiration Date.--If all the conditions precedent 
     described in subsection (a)(2) have not been fulfilled by 
     September 15, 2017--
       (1) the Settlement Agreement and this Act including waivers 
     described in those documents shall no longer be effective; 
     and

[[Page 404]]

       (2) any funds that have been appropriated under this Act 
     but not expended shall immediately revert to the general fund 
     of the United States Treasury.
       (c) Enforcement Date.--The Settlement Agreement shall 
     become enforceable as of the date that the United States 
     District Court for the District of New Mexico enters a 
     partial final decree pursuant to subsection (a)(2)(E) and an 
     Interim Administrative Order consistent with the Settlement 
     Agreement.
       (d) Effectiveness of Waivers.--The waivers and releases 
     executed pursuant to section 204 shall become effective as of 
     the date that the Secretary publishes the notice required by 
     subsection (a)(1).
       (e) Requirements for Determination of Substantial 
     Completion of the Regional Water System.--
       (1) Criteria for substantial completion of regional water 
     system.--Subject to the provisions in section 101(d) 
     concerning the extent, size, and capacity of the County 
     Distribution System, the Regional Water System shall be 
     determined to be substantially completed if the 
     infrastructure has been constructed capable of--
       (A) diverting, treating, transmitting, and distributing a 
     supply of 2,500 acre-feet of water to the Pueblos; and
       (B) diverting, treating, and transmitting the quantity of 
     water specified in the Engineering Report to the County 
     Distribution System.
       (2) Consultation.--On or after June 30, 2021, at the 
     request of 1 or more of the Pueblos, the Secretary shall 
     consult with the Pueblos and confer with the County and the 
     State on whether the criteria in paragraph (1) for 
     substantial completion of the Regional Water System have been 
     met or will be met by June 30, 2024.
       (3) Written determination by secretary.--Not earlier than 
     June 30, 2021, at the request of 1 or more of the Pueblos and 
     after the consultation required by paragraph (2), the 
     Secretary shall--
       (A) determine whether the Regional Water System has been 
     substantially completed based on the criteria described in 
     paragraph (1); and
       (B) submit a written notice of the determination under 
     subparagraph (A) to--
       (i) the Pueblos;
       (ii) the County; and
       (iii) the State.
       (4) Right to review.--
       (A) In general.--A determination by the Secretary under 
     paragraph (3)(A) shall be considered to be a final agency 
     action subject to judicial review by the Decree Court under 
     sections 701 through 706 of title 5, United States Code.
       (B) Failure to make timely determination.--
       (i) In general.--If a Pueblo requests a written 
     determination under paragraph (3) and the Secretary fails to 
     make such a written determination by the date described in 
     clause (ii), there shall be a rebuttable presumption that the 
     failure constitutes agency action unlawfully withheld or 
     unreasonably delayed under section 706 of title 5, United 
     States Code.
       (ii) Date.--The date referred to in clause (i) is the date 
     that is the later of--

       (I) the date that is 180 days after the date of receipt by 
     the Secretary of the request by the Pueblo; and
       (II) June 30, 2023.

       (C) Effect of act.--Nothing in this Act gives any Pueblo or 
     Settlement Party the right to judicial review of a 
     determination of the Secretary regarding whether the Regional 
     Water System has been substantially completed except under 
     subchapter II of chapter 5, and chapter 7, of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'').
       (5) Right to void final decree.--
       (A) In general.--Not later than June 30, 2024, on a 
     determination by the Secretary, after consultation with the 
     Pueblos, that the Regional Water System is not substantially 
     complete, 1 or more of the Pueblos, or the United States 
     acting on behalf of a Pueblo, shall have the right to notify 
     the Decree Court of the determination.
       (B) Effect.--The Final Decree shall have no force or effect 
     on a finding by the Decree Court that a Pueblo, or the United 
     States acting on behalf of a Pueblo, has submitted proper 
     notification under subparagraph (A).
       (f) Voiding of Waivers.--If the Final Decree is void under 
     subsection (e)(5)--
       (1) the Settlement Agreement shall no longer be effective;
       (2) the waivers and releases executed pursuant to section 
     204 shall no longer be effective; and
       (3) any unexpended Federal funds, together with any 
     interest earned on those funds, and title to any property 
     acquired or constructed with expended Federal funds shall be 
     returned to the Federal Government, unless otherwise agreed 
     to by the Pueblos and the United States and approved by 
     Congress.

     SEC. 204. WAIVERS AND RELEASES.

       (a) Claims by the Pueblos and the United States.--In return 
     for recognition of the Pueblos' water rights and other 
     benefits, including waivers and releases by non-Pueblo 
     parties, as set forth in the Settlement Agreement and this 
     Act, the Pueblos, on behalf of themselves and their members, 
     and the United States acting in its capacity as trustee for 
     the Pueblos are authorized to execute a waiver and release 
     of--
       (1) all claims for water rights in the Pojoaque Basin that 
     the Pueblos, or the United States acting in its capacity as 
     trustee for the Pueblos, asserted, or could have asserted, in 
     any proceeding, including the Aamodt Case, up to and 
     including the waiver effectiveness date identified in section 
     203(d), except to the extent that such rights are recognized 
     in the Settlement Agreement or this Act;
       (2) all claims for water rights for lands in the Pojoaque 
     Basin and for rights to use water in the Pojoaque Basin that 
     the Pueblos, or the United States acting in its capacity as 
     trustee for the Pueblos, might be able to otherwise assert in 
     any proceeding not initiated on or before the date of 
     enactment of this title, except to the extent that such 
     rights are recognized in the Settlement Agreement or this 
     Act;
       (3) all claims for damages, losses or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including claims for injury to land resulting from 
     such damages, losses, injuries, interference with, diversion, 
     or taking) for land within the Pojoaque Basin that accrued at 
     any time up to and including the waiver effectiveness date 
     identified in section 203(d);
       (4) their defenses in the Aamodt Case to the claims 
     previously asserted therein by other parties to the 
     Settlement Agreement;
       (5) all pending and future inter se challenges to the 
     quantification and priority of water rights of non-Pueblo 
     wells in the Pojoaque Basin, except as provided by section 
     2.8 of the Settlement Agreement;
       (6) all pending and future inter se challenges against 
     other parties to the Settlement Agreement;
       (7) all claims for damages, losses, or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including claims for injury to land resulting from 
     such damages, losses, injuries, interference with, diversion, 
     or taking of water) attributable to City of Santa Fe pumping 
     of groundwater that has effects on the ground and surface 
     water supplies of the Pojoaque Basin, provided that this 
     waiver shall not be effective by the Pueblo of Tesuque unless 
     there is a water resources agreement executed between the 
     Pueblo of Tesuque and the City of Santa Fe; and
       (8) all claims for damages, losses, or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including claims for injury to land resulting from 
     such damages, losses, injuries, interference with, diversion, 
     or taking of water) attributable to County of Santa Fe 
     pumping of groundwater that has effects on the ground and 
     surface water supplies of the Pojoaque Basin.
       (b) Claims by the Pueblos Against the United States.--The 
     Pueblos, on behalf of themselves and their members, are 
     authorized to execute a waiver and release of--
       (1) all claims against the United States, its agencies, or 
     employees, relating to claims for water rights in or water of 
     the Pojoaque Basin or for rights to use water in the Pojoaque 
     Basin that the United States acting in its capacity as 
     trustee for the Pueblos asserted, or could have asserted, in 
     any proceeding, including the Aamodt Case;
       (2) all claims against the United States, its agencies, or 
     employees relating to damages, losses, or injuries to water, 
     water rights, land, or natural resources due to loss of water 
     or water rights (including damages, losses or injuries to 
     hunting, fishing, gathering or cultural rights due to loss of 
     water or water rights; claims relating to interference with, 
     diversion or taking of water or water rights; or claims 
     relating to failure to protect, acquire, replace, or develop 
     water, water rights or water infrastructure) within the 
     Pojoaque Basin that first accrued at any time up to and 
     including the waiver effectiveness date identified in section 
     203(d);
       (3) all claims against the United States, its agencies, or 
     employees for an accounting of funds appropriated by Acts, 
     including the Act of December 22, 1927 (45 Stat. 2), the Act 
     of March 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 
     (46 Stat. 90), the Act of February 14, 1931 (46 Stat. 1115), 
     the Act of March 4, 1931 (46 Stat. 1552), the Act of July 1, 
     1932 (47 Stat. 525), the Act of June 22, 1936 (49 Stat. 
     1757), the Act of August 9, 1937 (50 Stat. 564), and the Act 
     of May 9, 1938 (52 Stat. 291), as authorized by the Pueblo 
     Lands Act of June 7, 1924 (43 Stat. 636), and the Pueblo 
     Lands Act of May 31, 1933 (48 Stat. 108), and for breach of 
     Trust relating to funds for water replacement appropriated by 
     said Acts that first accrued before the date of enactment of 
     this Act;
       (4) all claims against the United States, its agencies, or 
     employees relating to the pending litigation of claims 
     relating to the Pueblos' water rights in the Aamodt Case; and
       (5) all claims against the United States, its agencies, or 
     employees relating to the negotiation, Execution or the 
     adoption of the Settlement Agreement, exhibits thereto, the 
     Partial Final Decree, the Final Decree, or this Act.
       (c) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases authorized in this 
     Act, the Pueblos on behalf of themselves and their members 
     and the United States acting in its capacity as trustee for 
     the Pueblos retain.--
       (1) all claims for enforcement of the Settlement Agreement, 
     the Cost-Sharing and System Integration Agreement, the Final 
     Decree, including the Partial Final Decree, the San Juan-
     Chama Project contract between the Pueblos and the United 
     States or this Act;
       (2) all rights to use and protect water rights acquired 
     after the date of enactment of this Act;
       (3) all rights to use and protect water rights acquired 
     pursuant to state law to the extent not inconsistent with the 
     Partial Final Decree, Final Decree, and the Settlement 
     Agreement;
       (4) all claims against persons other than Parties to the 
     Settlement Agreement for damages, losses or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water (including claims for injury to lands resulting from

[[Page 405]]

     such damages, losses, injuries, interference with, diversion, 
     or taking of water) within the Pojoaque Basin arising out of 
     activities occurring outside the Pojoaque Basin;
       (5) all claims relating to activities affecting the quality 
     of water including any claims the Pueblos may have under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
     claims for damages to natural resources), the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.), and the 
     regulations implementing those laws;
       (6) all claims against the United States relating to 
     damages, losses, or injuries to land or natural resources not 
     due to loss of water or water rights (including hunting, 
     fishing, gathering or cultural rights);
       (7) all claims for water rights from water sources outside 
     the Pojoaque Basin for land outside the Pojoaque Basin owned 
     by a Pueblo or held by the United States for the benefit of 
     any of the Pueblos; and
       (8) all rights, remedies, privileges, immunities, powers 
     and claims not specifically waived and released pursuant to 
     this Act or the Settlement Agreement.
       (d) Effect of Section.--Nothing in the Settlement Agreement 
     or this Act--
       (1) affects the ability of the United States acting in its 
     sovereign capacity to take actions authorized by law, 
     including any laws relating to health, safety, or the 
     environment, including the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.), the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.), and the regulations implementing those laws;
       (2) affects the ability of the United States to take 
     actions acting in its capacity as trustee for any other 
     Indian tribe or allottee; or
       (3) confers jurisdiction on any State court to--
       (A) interpret Federal law regarding health, safety, or the 
     environment or determine the duties of the United States or 
     other parties pursuant to such Federal law; or
       (B) conduct judicial review of Federal agency action;
       (e) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on June 30, 2021.
       (2) Effect of subparagraph.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this section precludes the 
     tolling of any period of limitations or any time-based 
     equitable defense under any other applicable law.

     SEC. 205. EFFECT.

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

  The SPEAKER pro tempore. After 1 hour of debate on the bill, as 
amended, it shall be in order to consider the amendment printed in part 
B of House Report 111-399 if offered by the gentleman from California 
(Mr. McClintock) or his designee, which shall be considered read, and 
shall be debatable for 10 minutes equally divided and controlled by the 
proponent and an opponent.
  The gentleman from West Virginia (Mr. Rahall) and the gentleman from 
Washington (Mr. Hastings) each will control 30 minutes.
  The Chair recognizes the gentleman from West Virginia.


                             General Leave

  Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material on H.R. 3342.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
  We are now proceeding with the second of three bills to implement 
Indian water rights settlement agreements being considered by this body 
today. The pending measure, like the previous bill, is sponsored by our 
colleague Ben Ray Lujan of New Mexico and cosponsored by Martin 
Heinrich of that State.
  This legislation would settle the water rights of four pueblos in New 
Mexico under an agreement with the State of New Mexico, Santa Fe 
County, the city of Santa Fe, and individual water users. It would end 
44 years of active litigation involving over 2,500 defendants by 
ratifying the settlement agreement and funding a regional water system 
for all water users in the valley.
  The previous bill we considered would end 40 years of litigation. The 
one we are currently considering would end 44 years of litigation. I 
would say to my colleagues that today we are making history. The 
American people want certainty. During these tough economic times, we 
all want to have certainty in our lives. But for many, a long-year 
certainty with respect to water has not been the case in the Rio Grande 
watershed. Today we can provide that certainty.
  The pending measure would secure water to meet the current and future 
needs of the pueblos involved, protect water users that make the region 
unique, preserve irrigation in the area, and provide water for all the 
region's residents. As in the case of H.R. 3342, water rights 
settlements improve water management by providing certainty not just to 
the quantification of a tribe's water rights but also to the water 
rights of all users. Certainty provides opportunities for economic 
development, for Indian and non-Indians alike. Where Indian water 
rights are unquantified, there is often tension and conflict between 
tribes and their neighbors. The best settlements, like the ones before 
us today, replace tension with collaboration, mutual interdependence, 
and trust.
  I commend the team of Lujan and Heinrich for their hard work on this 
matter. I again would acknowledge the long hours of work that have been 
put into this measure by the distinguished gentlewoman from California, 
Grace Napolitano, in her position as chairwoman for our Subcommittee on 
Water and Power. She has gone through countless hours of hearings and 
discussions and meetings on these bills. I thank the four pueblos and 
their settlement partners for their hard work and dedication.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  The arguments that I made on the previous bill are exactly applicable 
to this bill. So let me simply summarize. To summarize, I believe, and 
we believe on this side, that settlement agreements are in the best 
interests for all parties involved. But there is an element that needs 
to be highlighted because settlement agreements generally at the end 
cost money, and the missing part of these agreements on these three 
bills that we are considering today is, What is the cost to the 
taxpayer?
  We need to have transparency when we make that decision, and that 
decision, unfortunately, was not afforded to us in committee, and at 
the last minute, it was afforded to us in a very ambiguous way. So it's 
for that reason, while I support the claims settlements as a general 
principle, not having all the information, I must oppose this bill, as 
I did the last bill. And with the next bill coming up, I will say 
essentially the same thing.
  So with that, Mr. Speaker, I reserve the balance of my time.

                              {time}  1115

  Mr. RAHALL. Mr. Speaker, I am happy to yield such time as she may 
consume to the distinguished gentlewoman from California (Mrs. 
Napolitano), the chairlady of our Water and Power Subcommittee.
  Mrs. NAPOLITANO. Thank you, Chairman Rahall and Ranking Member 
Hastings.
  You have heard about the three bills. We are here today on these 
three pieces of legislation that would settle the water rights of six 
Native American nations in New Mexico and Arizona. The people on these 
reservations inhabit the same sacred lands as their fathers, their 
grandfathers, and many generations before. These three bills would 
provide them with the water that their ancestors were entitled to but 
never received.
  We often take for granted the most basic of our resources, water. The 
people of the pueblos and the high country of Arizona never have. They 
understand the value of water and its importance in their cultures and 
well-being. Water is the lifeblood of these individuals, and when they 
were assigned reservations of land, their assumption was

[[Page 406]]

that they would also have access to the water they needed to survive. 
They were not, and hence for the last 140-plus years, these individual 
Americans have been fighting for the right to this most basic of 
resources, water. It is time today for us to do something about this 
for these six native nations.
  Mr. Chairman, you mentioned Charlie Dorame in your statement as an 
example of the type of dedication that has been made for these water 
rights settlements and the subsequent legislation. Leaders in each 
tribe and pueblo have invested many decades in trying to acquire water 
rights that for generations came without legal restrictions but instead 
were part of their homeland.
  For many years these tribes have been treated as second-class 
citizens of our great country, America. We have taken their lands. We 
have taken their resources, and we have even taken their water. But 
instead of complaining, these pueblos and tribes have worked with the 
Federal Government and the local governments to legally, and I might 
add very costly, attempt to acquire access to something that always has 
been part of their lives, water.
  Members of these tribes across the country today continue to work to 
support their sovereign nations. They work with the States and work 
with the local partners who see the benefit of the settlement not just 
for the tribal communities but for the entire region.
  Mr. Speaker, I would like to say that I have Colorado River Water 
Users Association's 2010 resolutions, the Western States Water Council, 
and the National Congress of American Indians here in support of this 
legislation, people looking for local and regional solutions, just as 
we have been directing them to do.
  Mr. Speaker, I have brought with me these resolutions so we can 
understand that they have wide support, not only from the Native 
American areas but also from their neighbors and their friends within 
the area. Each of these organizations supports the settlement of Indian 
reserved water rights by negotiation or agreement. They realize in 
order to plan for the future and for their economy, we need to provide 
certainty to a basic human right, water.
  These resolutions are consistent with the administration's views of 
supporting collaborative negotiations as an inherent responsibility to 
Federal trustees to Indian tribes and their members. Most importantly, 
we can not, we must not forget that we are talking about Americans, 
Native Americans, human beings. These tribes and pueblos have done 
everything that we have asked of them and have taken the long walk to 
walk with the Federal Government's legal restraints and now are in 
sight of securing for their people a basic human right, water.
  After decades, these people have made huge efforts to play by the 
government rules to acquire rightful access to water that traditionally 
came with the land that they lived on. The price for these people has 
been high, the walk long and filled with many disappointments and many 
empty promises.
  I ask that you support this legislation today. Support it because 
these Native Americans have followed all of the rules, procedures, and 
hurdles that our government has laid out. Support the legislation 
because it is the right thing to do and because it is supported by all 
local community and regional water managers; and, most importantly, 
because it is time to provide certainty to the tribes and the pueblos 
and the people of New Mexico and Arizona that we can do right by them. 
At the end of the day for this one precious resource, water, we can sit 
down and appreciate doing the right thing for them.
  Water, Mr. Speaker, which you are drinking, is running short in the 
U.S. We need to preserve it and take care of it, and none other more 
than our Native Americans love the Earth and what Mother Nature gives 
us. Help us pass this bill.

 2010 Resolutions Adopted by the Resolutions Committee of the Colorado 
River Water Users Association, December 9, 2009

                           *   *   *   *   *


      * * * production. The federal government should pay for 
     replacement power due to operational changes for recreation, 
     fishery or the environment.
       5. Reclamation-constructed and maintained water storage and 
     conveyance systems situated throughout the Colorado River 
     Basin are critically important to the economies, the quality 
     of life and the survival of the people who depend upon waters 
     from the Basin. In order to avoid huge financial impacts 
     associated with performing maintenance that was deferred or 
     making future repairs on an emergency basis, Congress should 
     recognize and appropriate requisite funding to maintain 
     aging, critically important water project infrastructure in 
     the Colorado River Basin and across the West.
       6. Reclamation should immediately commence and fully 
     implement the measures identified in its Managing for 
     Excellence action plan, issued in response to the National 
     Research Council's Managing Construction and Infrastructure 
     in the 21st Century Bureau of Reclamation report, including 
     transfer of operation and maintenance responsibility to 
     project sponsors when they are capable and willing to take 
     over such responsibility.


         Resolution No. 2010-4--COLORADO RIVER SALINITY CONTROL

       The CRWUA urges continued funding and implementation of 
     measures to control the salinity of the Colorado River. The 
     Administration should request and Congress should provide 
     sufficient funding for the Colorado River Basin Salinity 
     Control Program.


      Resolution No. 2010-5--SETTLEMENT OF INDIAN RESERVED RIGHTS

       The CRWUA supports the settlement of Indian reserved water 
     rights by negotiation or agreement, recognizing that:
       1. Settlements should result in the least possible 
     disruption of existing water uses and the economies based on 
     those uses, while at the same time providing the affected 
     tribes with the firm water supplies required to meet the 
     long-term needs of the reservation inhabitants and to 
     establish lasting tribal economies.
       2. The achievement of these objectives requires federally 
     funded water projects designed to ensure that all of the 
     tribal water needs in the subject basin or watershed are met.
       3. Appropriate participation of the Federal, State, local 
     governmental and Tribal entities, and non-Indian water users 
     in the settlement process is required for the success of any 
     negotiated settlement.
       4. Any water rights settlements that have been approved by 
     the respective parties should be immediately and fully funded 
     to implement their terms within the specified timeframes. The 
     Federal Government must take advantage of existing funding 
     authorizations, such as Title VI, Emergency Fund for Indian 
     Safety and Health, of P.L. 110-293, by complying in a timely 
     manner with Congressional mandates and budgeting funds, while 
     continuing to explore and develop new creative solutions to 
     fund Indian water rights settlements.
                                  ____


  Resolution of the Western States Water Council in Support of Indian 
               Water Rights Settlements, October 17, 2008

       WHEREAS, the Western States Water Council, an organization 
     of eighteen western states, and adjunct to the Western 
     Governors' Association has consistently supported negotiated 
     settlement of Indian water rights disputes; and
       WHEREAS, the public interest and sound public policy 
     require the resolution of Indian water rights claims in a 
     manner that is least disruptive to existing uses of water; 
     and
       WHEREAS, negotiated quantification of Indian water rights 
     claims is a highly desirable process which can achieve 
     quantifications fairly, efficiently, and with the least cost; 
     and
       WHEREAS, the advantages of negotiated settlements include: 
     (i) the ability to be flexible and to tailor solutions to the 
     unique circumstances of each situation; (ii) the ability to 
     promote conservation and sound water management practices; 
     and (iii) the ability to establish the basis for cooperative 
     partnerships between Indian and non-Indian communities; and
       WHEREAS, the successful resolution of certain claims may 
     require ``physical solutions,'' such as development of 
     federal water projects and improved water delivery and 
     application techniques; and
       WHEREAS, the United States has developed many major water 
     projects that compete for use of waters claimed by Indians 
     and non-Indians, and has a responsibility to both to assist 
     in resolving such conflicts; and
       WHEREAS, the settlement of Native American water claims, 
     and land claims, is one of the most important aspects of the 
     United States' trust obligation to Native Americans and is of 
     vital importance to the country as a whole; and
       WHEREAS, current budgetary policy makes it difficult for 
     the Administration, the states and the tribes to negotiate 
     settlements knowing that the settlements may not be funded 
     because funding must be offset by a corresponding reduction 
     in some other tribe or essential Interior Department program.

[[Page 407]]

       NOW, THEREFORE, BE IT RESOLVED, that the Western States 
     Water Council reiterates its support for the policy of 
     encouraging negotiated settlements of Indian water rights 
     disputes as the best solution to a critical problem that 
     affects almost all of the Western States; and
       BE IT FURTHER RESOLVED, that the Western States Water 
     Council urges the Administration to support its stated policy 
     in favor of Indian land and water settlements with a strong 
     fiscal commitment for meaningful federal contributions to 
     these settlements that recognizes the trust obligations of 
     the United States government; and
       BE IT FURTHER RESOLVED, that Congress should explore 
     opportunities to provide funding for the Bureau of 
     Reclamation to undertake project construction related to 
     settlements from revenues accruing to the Reclamation Fund, 
     recognizing the existence of other legitimate needs that may 
     be financed by these reserves.
       BE IT FURTHER RESOLVED, that steps be taken to change 
     current budgetary policy to ensure that any land or water 
     settlement, once authorized by the Congress and approved by 
     the President, will be funded without a corresponding offset 
     to some other tribe or essential Interior Department program.
                                  ____


 The National Congress of American Indians Resolution No. DEN-07-069--
    Use of the Reclamation Fund for Indian Water Rights Settlements

       WHEREAS, we, the members of the National Congress of 
     American Indians of the United States, invoking the divine 
     blessing of the Creator upon our efforts and purposes, in 
     order to preserve for ourselves and our descendants the 
     inherent sovereign rights of our Indian nations, rights 
     secured under Indian treaties and agreements with the United 
     States, and all other rights and benefits to which we are 
     entitled under the laws and Constitution of the United 
     States, to enlighten the public toward a better understanding 
     of the Indian people, to preserve Indian cultural values, and 
     otherwise promote the health, safety and welfare of the 
     Indian people, do hereby establish and submit the following 
     resolution; and
       WHEREAS, the National Congress of American Indians (NCAI) 
     was established in 1944 and is the oldest and largest 
     national organization of American Indian and Alaska Native 
     tribal governments; and
       WHEREAS, the settlement of Indian water rights claims is 
     one of the most important aspects of the United States' trust 
     obligations to Native Americans and is of vital importance to 
     the country as a whole; and
       WHEREAS, despite the Department of the Interior's (DOI's) 
     long-standing policy favoring the settlement of Indian water 
     rights claims, the Administration has taken an increasingly 
     narrow and restrictive view of its responsibility to fund 
     Indian water rights settlements; and
       WHEREAS, under current budgetary policy of the 
     Administration, funding of Indian water rights settlements 
     must be offset by a corresponding reduction in some other 
     discretionary component of the DOI's budget, putting Indian 
     tribes in the untenable position of having to seek funding of 
     these settlements at the expense of some other tribe or 
     essential DOI program; and
       WHEREAS, there are currently three Indian water rights 
     settlements affecting six tribes already signed and completed 
     in New Mexico for which federal funding is necessary, 
     including the Aamodt settlement, to which the Pueblo of 
     Tesuque is a signatory; and
       WHEREAS, nationwide many other tribes are working on water 
     settlements for which federal funding is necessary; and
       WHEREAS, under the Reclamation Act of June 17, 1902, the 
     Reclamation Fund was envisioned as the principal source of 
     funds to finance water development in the seventeen western 
     states, with revenues accruing from project water and power 
     sales, project repayments and receipts from public land 
     sales, federal oil and mineral-related royalties, and other 
     related sources; and
       WHEREAS, the unobligated balance in the Reclamation Fund 
     has grown annually in recent years and should serve as a 
     source of funding for Indian water rights settlements.
       NOW THEREFORE BE IT RESOLVED, that the NCAI does hereby 
     support the policy of encouraging negotiated settlements of 
     Indian water rights disputes as the best solution to a 
     critical problem that affects almost all of the western 
     states of the United States; and
       BE IT FURTHER RESOLVED, that the NCAI urges the 
     Administration to support its stated policy in favor of 
     Indian water rights settlements with a strong fiscal 
     commitment for meaningful federal contributions to these 
     settlements that recognizes the trust obligations of the 
     United States government; and
       BE IT FURTHER RESOLVED, that the NCAI supports changing the 
     current budgetary policy to ensure that any Indian water 
     rights settlement, once authorized by the Congress and 
     approved by the President, will be funded without a 
     corresponding offset to some other tribe or essential DOI 
     program; and
       BE IT FURTHER RESOLVED, that the NCAI supports allocation 
     of sources of revenue for the Reclamation Fund to be used to 
     fund Indian water rights settlements and respectfully 
     requests that Congress and the Administration support 
     allocation of monies from the Reclamation Fund or sources 
     paid into it to fund Indian water rights settlements; and
       BE IT FURTHER RESOLVED, that the NCAI commits to advocate 
     to the Administration, including the Office of Management and 
     Budget, and Congress that the Reclamation Fund be used to 
     fund Indian water rights settlements; and
       BE IT FURTHER RESOLVED, that within four months the NCAI 
     will convene a special water rights meeting with affected 
     tribes and invite key federal agencies to participate. After 
     the initial meeting, NCAI will convene a special water rights 
     meeting at least annually, and report progress to tribal 
     leaders on this resolution at every regular meeting; and
       BE IT FINALLY RESOLVED, that this resolution shall be the 
     policy of NCAI until it is withdrawn or modified by 
     subsequent resolution.

  Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my 
time.
  Mr. RAHALL. Mr. Speaker, it is my pleasure to yield to the lead 
sponsor of this legislation, Mr. Ben Ray Lujan.
  Mr. LUJAN. Mr. Speaker, I rise today in support of H.R. 3342, the 
Aamodt Litigation Settlement Act. Before I begin, I would like to thank 

my colleagues on the Resource Committee: Chairman Rahall; Chairwoman 
Napolitano; my colleague from New Mexico, Mr. Heinrich; and Ranking 
Member Hastings.
  I also want to thank the Tesuque Acequia Association; David Ortiz and 
the Rio Pojoaque Acequia and Well Water Association; D.L. Sanders and 
the office of the New Mexico State Engineer; Santa Fe County, the city 
of Santa Fe; and the tribal leaders from Nambe, Pojoaque, Tesuque and 
San Ildefonso. Thank you for your hard work over the past decade to 
reach these settlements.
  The testimony of the settlement parties and tough negotiations and 
debate has made the consideration of these bills possible today. The 
parties to this settlement have worked for a very long time to come up 
with solutions that are equitable and fair to all water users in the 
Pojoaque Valley, including tribal and non-tribal residents alike.
  Our water resources are precious in New Mexico. Without a reliable 
water supply, we cannot improve human health, protect our cultures and 
traditions, or grow our economies. This settlement will protect water 
resources, advance the implementation of effective water management, 
and ensure future access to water resources for all residents 
encompassed by the settlement. That is what makes H.R. 3342, the Aamodt 
Litigation Settlement Act of 2009, so important.
  I would like to submit for the Record letters I have received from 
the State of New Mexico, the County of Santa Fe, the Rio Pojoaque 
Acequia and Well Water Association, the Tesuque Acequia Association and 
others who have asked Congress to take a serious look at the importance 
of approving these settlements because this piece of legislation is so 
vital to the prolonged existence of culture and agriculture in my 
district.
  It has taken over 40 years, countless court proceedings, 
congressional hearings and mediations before this bill arrived at this 
point. The people of the Pojoaque Valley and surrounding communities 
have debated and negotiated this water settlement since the 1960s. 
Parties have informed me, Mr. Speaker, if legislative action does not 
move forward, the Federal Court is prepared to resume legal proceedings 
on the underlying Aamodt lawsuit. This litigation would have dire 
effects upon all non-water rights holders in the basin and incur 
tremendous court costs and legal fees on American taxpayers. The cost 
to the government of continued litigation would, and probably will, 
exceed the cost of the settlement itself.
  We heard today, Mr. Speaker, that we did hear from the Attorney 
General's office saying that they did prefer this course of action to 
litigation. Senators Bingaman and Udall of New Mexico introduced 
legislation in the 110th Congress to enshrine this settlement and 
conducted hearings before the House Resources Committee and the Senate 
Committee on Indian Affairs. In the 111th Congress, New Mexico's 
Senators and I reintroduced this

[[Page 408]]

bill with my colleague, Martin Heinrich from New Mexico, with improved 
revisions that took the considerations of the settlement parties into 
account; and in doing so, we improved the settlement.
  In September, additional hearings were held on this bill, and H.R. 
3254 was supported at markup in the Natural Resources Committee by 
unanimous and bipartisan support. This settlement is about people and 
the quality of life in small rural communities. The future of this 
community depends on the availability and dependability of a water 
supply. This settlement ensures just that.
  Rather than continuing a course of costly litigation that could tear 
a community apart, I ask my colleagues to join me in voting to enact 
these settlements. Thank you again for the leadership to the members of 
the Subcommittee on Water and Power and the members of the Natural 
Resources Committee for their support.
  You know, Mr. Speaker, as we talk about water settlements going 
forward, I know that Democrats and Republicans from this side of the 
aisle and from the other side of the aisle, we all have the honor of 
representing constituencies that include Native Americans and tribal 
communities. In New Mexico there was a school project. They asked the 
kids to draw pictures where they get their water from. Most kids in 
school districts across New Mexico drew pictures of water faucets going 
into water bottles, things of that nature. There were children from 
Native American communities who drew pictures of their mother and 
fathers, brothers and sisters carrying water jugs to get water into 
their homes. They drew pictures of their fathers driving pickup trucks 
with large water containers like you would to provide water to animals 
out on the range.
  I hope we don't lose sight, Mr. Speaker, of the fact that water is a 
very precious resource and there are still many people across this 
great Nation of ours who don't have access to it.

                                               County of Santa Fe,


                                          State of New Mexico,

                                   Santa Fe, NM, January 14, 2010.
     Re Support for Aamodt Litigation Settlement Legislation.

     Hon. Ben Ray Lujan,
     Andrew Jones, Legislative Director, Cannon House Office 
         Bldg., House of Representatives, Washington, DC.
       Dear Congressman Lujan: On behalf of Santa Fe County, I 
     want to affirm the County's strong support for the Aamodt 
     Litigation Settlement Act (H.R. 3342). Santa Fe County 
     expresses its great appreciation to you for your continued 
     support of the settlement and urges your help in securing 
     passage of this very important legislation.
       As I testified this past session before the House 
     Subcommittee on Water and Power, the settlement will achieve 
     a fair and equitable resolution of the difficult and 
     entrenched water disputes that have plagued the Pojoaque 
     Valley for so many years. Rather than defining winners and 
     losers, the settlement protects existing uses and allows for 
     future growth by careful management of available water 
     resources. At the same time, it recognizes and safeguards 
     time immemorial and senior use priorities of Pueblos and 
     early Spanish acequias. The settlement also creates a 
     reliable supply to more recent domestic and commercial uses, 
     and is flexible enough to account for changing uses in the 
     future. Without settlement, I am certain valley residents 
     will be subjected to intractable and divisive litigation for 
     many years, fostering regional conflict and leaving junior 
     water users at great risk of curtailment.
       Also, as I have previously testified, I recognize that some 
     of my non-Pueblo constituents continue to be dissatisfied 
     with the settlement. Consequently, the County will be 
     conducting a series of community outreach and settlement 
     focus meetings in the coming months. We will do this even if 
     the legislation is first enacted into law. The County has 
     contracted with the adjudication ombudsman program at the 
     University of New Mexico to facilitate the community outreach 
     program. The purpose of the meetings will be to hear public 
     concerns and to provide information about the settlement. 
     Ultimately, the settlement must be accepted by the community 
     to succeed.
       On behalf of Santa Fe County, I greatly appreciate your 
     help with this matter.
           Sincerely,
                                                 Harry B. Montoya,
     Santa Fe County Commissioner.
                                  ____



                           Rio de Tesuque Acequia Association,

                                   Santa Fe, NM, January 18, 2010.
       Dear Congressmen Lujan, Teague and Heinrich: As president 
     of the board of directors of the Rio De Tesuque Acequia 
     Association, I have been asked to reiterate our support for 
     the proposed settlement agreement of the long standing Aamodt 
     water rights litigation, as per H.R. 3342.
       We represent 5 acequias and over 150 irrigation users 
     (parciantes). We have worked with our neighbors at the 
     Tesuque Pueblo for several decades now and we all feel that 
     the settlement represents a good solution for both parties.
       The settlement assures all parties a good and reliable 
     water supply for both the acequias and the domestic users. As 
     irrigators, we know the importance of this and know that we 
     cannot be serious about agriculture unless we know we have a 
     reliable source of water.
       We appreciate your support and look forward to your vote in 
     support of legislation that will enable the settlement.
           Sincerely,
                                                     Margo Cutler,
     President.
                                  ____

                                   Santa Fe, NM, January 18, 2010.
     Re H.R. 3342, The Aamodt Litigation Settlement Act.

     Hon. Ben Ray Lujan,
     Cannon House Office Building,
     Washington, DC.
       Dear Representative Lujan: I write in strong support of 
     H.R. 3342, The Aamodt Litigation Settlement Act. As you know, 
     my Administration has been instrumental in bringing the 
     interested parties together to reach a settlement and 
     potential closure to this matter. I have witnessed the 
     extraordinary effort that all of the parties have exerted to 
     successfully resolve some of the most contentious issues 
     related to the Aamodt litigation. The parties' commitment to 
     resolution is commendable and should be recognized. Should 
     Congress not pass this Act, it will not only be disappointing 
     to all involved but could also open all of the parties up to 
     more litigation and costly delay.
       For its part, New Mexico stands ready to meet its 
     obligations under any settlement. Through legislation that I 
     supported and ultimately signed into law, the State has 
     already committed in statute $1.0 million in bonding 
     authority as part of the State's share of any settlement. As 
     such, the State is ready to assist in the implementation of 
     any settlement achieved through the passage of H.R. 3342.
       Passage of this bill would not only end more than forty 
     years of contentious litigation, but would render a 
     conclusion that is amendable to many. I urge you and your 
     colleagues to pass H.R. 332 and I offer any support that you 
     may need to achieve this worthy goal.
           Sincerely,
                                                  Bill Richardson,
     Governor.
                                  ____

                                              Rio Pojoaque Acequia


                             and Water Well Users Association,

                                                 January 14, 2010.
     Hon. Ben Ray Lujan,
     Attention Andrew Jones, Legislative Director, House of 
         Representatives, Washington, DC.
       Dear Representative Lujan: On behalf of the Rio Pojoaque 
     Acequia and Water Well Users Association, I am writing to you 
     to reiterate our strong support for the Aamodt Litigation 
     Settlement Act (H.R. 3342), legislation you introduced in 
     July 2009 and favorably reported by the Committee on. Natural 
     Resources on January 12, 2010.
       I understand the House of Representatives will consider 
     this important legislation when it resumes legislative 
     business during the week of January 18, 2010. As you know 
     well, this legislation would ratify the settlement of a 
     Federal lawsuit that was filed in 1966. The settlement itself 
     subject to years of intense negotiations by the State of New 
     Mexico, the City and County of Santa Fe, the Pueblos of 
     Nambe, Pojoaque, San Ildefonso, and Tesuque and others and 
     was signed by these parties in 2006.
       In addition to resolving the water claims of the Four 
     Pueblos and providing certainty in terms of long-term water 
     supplies in the region, the centerpiece of H.R. 3342 is the 
     construction of a regional water system that will provide 
     water for residential, municipal, agricultural, and business 
     uses and will serve the Pueblo and non-Pueblo residents in 
     the Pojoaque Basin. I feel compelled to remind you that in 
     the absence of congressional action on H.R. 3342, the parties 
     would return to court and, given the priority of the Pueblos' 
     water rights, the resulting ruling would likely be far more 
     detrimental to the other water users in the Basin.
       Thank you for your commitment to settling the Aamodt 
     litigation and your strong support for the citizens of the 
     Pojoaque Basin.
           Sincerely,

                                              Meade P. Martin,

                              Vice President, Rio Pojoaque Acequia
     and Water Well Users Association.
                                  ____

                                                   Pojoaque Valley


                                          Irrigation District,

                                   Santa Fe, NM, January 14, 2010.
     Hon. Ben Ray Lujan,
     Attention Andrew Jones, Legislative Director, House of 
         Representatives, Washington, DC.
       Dear Representative Lujan: On behalf of the 18 acequia 
     associations and over 700 water users that comprise the 
     Pojoaque Valley Irrigation District, I am writing to you

[[Page 409]]

     to reiterate our strong support for the Aamodt Litigation 
     Settlement Act (H.R. 3342), legislation you introduced in 
     July 2009 and favorably reported by the Committee on Natural 
     Resources on January 12, 2010.
       I understand the House of Representatives will consider 
     this important legislation when it resumes legislative 
     business during the week of January 18, 2010. As you know 
     well, this legislation would ratify the settlement of a 
     Federal lawsuit that was filed in 1966. The settlement itself 
     subject to years of intense negotiations by the State of New 
     Mexico, the City and County of Santa Fe, the Pueblos of 
     Nambe, Pojoaque, San Ildefonso, and Tesuque and others and 
     was signed by these parties in 2006.
       In addition to resolving the water claims of the Four 
     Pueblos and providing certainty in terms of long-term water 
     supplies in the region, the centerpiece of H.R.3342 is the 
     construction of a regional water system that will provide 
     water for residential, municipal, agricultural, and business 
     uses and will serve the Pueblo and non-Pueblo residents in 
     the Pojoaque Basin. I feel compelled to remind you that in 
     the absence of congressional action on H.R. 3342, the parties 
     would return to court and, given the priority of the Pueblos' 
     water rights, the resulting ruling would likely be far more 
     detrimental to the other water users in the Basin.
       Thank you for your commitment to settling the Aamodt 
     litigation and your strong support for the citizens of the 
     Pojoaque Basin.
           Sincerely,

                                                  David Ortiz,

                                                         Chairman,
                                       Pojoaque Valley Irrigation.

  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, the issue that we are debating here is not the 
settlement claims per se. I think we all in this House agree that if 
you can get agreement with parties involved in litigation and come to 
agreement amongst them, that is good policy. That has very well been 
explained by my friends on the other side of the aisle. But what is at 
issue here is the third part, and that is: Is this claim going to be 
beneficial to the taxpayers by not costing the taxpayers more than if 
they went through litigation? That is what the issue is. It is very 
clear.
  Now, the gentleman from New Mexico just a moment ago said something 
to the effect that this would save the taxpayers money by not going 
through litigation. I would like to ask the gentleman, and I will yield 
to the gentleman if he can provide me documents as to that fact. I 
would be more than happy to yield to the gentleman if he can provide 
that to me.
  Mr. LUJAN. I appreciate the ranking member from the Natural Resources 
Committee yielding to me.
  Mr. Speaker, what we have here is clear language on the dockets of 
the State of New Mexico that has been expressed by many of the parties 
which encouraged them to go to litigation, that very much do hold--that 
senior water rights holders in the State of New Mexico, which these 
tribal communities are, do hold senior water rights.
  Mr. HASTINGS of Washington. Reclaiming my time, Mr. Speaker, the 
question I asked the gentleman was about a statement that he made that 
it would be more costly to go through litigation than to settlement. I 
asked the gentleman very specifically if he has documentation to that 
effect. And so I hope that the gentleman would respond to me on that 
point because that is the difference in this debate on this bill and 
the last bill.
  I would be more than happy to yield to the gentleman if he has that 
documentation.
  Mr. LUJAN. Mr. Speaker, as we are talking about the importance of how 
we can achieve cost savings to taxpayers across the country, it is 
important that we understand the laws and the protections that are held 
to those individuals that are senior water rights users, which clearly 
is the reason why so many people could be impacted. And as litigation 
continues, the cost of litigation adds additional cost to the taxpayers 
of the country.
  Mr. HASTINGS of Washington. Mr. Speaker, I want to interrupt.
  Do you have documentation to that point? We asked the Department of 
Justice specifically on that point, and they have not responded. Do you 
have documentation on that point? Listen, if this saves the taxpayer 
money, I am totally in favor of it. All we are asking is for that 
documentation. If the gentleman has it, please provide it. Does the 
gentleman have it?
  I yield to the gentleman from New Mexico.
  Mr. LUJAN. Mr. Speaker, it is clear that I don't have the response 
that my ranking member colleague may be looking for. But his counsel 
may inform him as well as our counsel has informed us that some of that 
documentation is not public record at this time. With that, I tried to 
answer the question, but I apologize to the ranking member that we are 
not able to provide the answer that the ranking member may be looking 
for.
  Mr. HASTINGS of Washington. Reclaiming my time, Mr. Speaker, I just 
want to emphasize, this is the core point. The gentleman just said he 
doesn't have it, and yet we are being asked here, Members of the U.S. 
House, representing everybody in this country, taxpayers who may not be 
involved with this, to pass judgment and support this settlement 
agreement when we don't know if the cost is beneficial or not. That's 
the issue.
  I would hope, as I said in my closing remarks on the first bill, when 
we have future settlements coming forward we can have this information, 
full transparency, Mr. Speaker, in committee so we don't have to go 
through this drill on the floor and go back and forth and then 
unfortunately have somebody say we don't have this documentation.
  Mr. Speaker, that's the issue here. We are not arguing about the 
benefits of the claims. I am sure that they are very good. There have 
been long negotiations.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, I am happy once again to yield such time as 
he may consume to the cosponsor of this litigation, the gentleman from 
New Mexico (Mr. Heinrich).
  Mr. HEINRICH. Mr. Speaker, I am very pleased to stand in solidarity 
with my colleague, Representative Ben Ray Lujan, in bringing this very 
challenging chapter in New Mexico history to a close. I also want to 
thank Chairman Rahall and Chairwoman Napolitano for their support of 
this settlement.
  The Aamodt water rights litigation is literally the oldest active 
case in our Nation's Federal Court, literally older than myself and my 
colleague. Since 1966, these communities have waited for a resolution 
to this case. The bill here before us represents the culmination of 
decades of hard work and difficult compromise by the effective 
stakeholders to negotiate an agreement that meets each community's 
long-term needs.

                              {time}  1130

  During the committee hearings we heard from representatives of local, 
State, and Pueblo governments. And I want to commend each of them for 
their enduring efforts to achieve this settlement.
  The Aamodt water settlement will enable the Secretary of Interior, 
through the Bureau of Reclamation, to create a long-awaited regional 
water system. That system will be jointly operated by Santa Fe County, 
along with the four northern New Mexico Pueblos, and provide a great 
deal of certainty to all Rio Grande water users. Sixty percent of its 
capacity will deliver water to the Pueblos, 40 percent will go to the 
county water utility.
  This legislation has been a generation or more in the making, and I 
look forward to its long-awaited contribution to the well-being of the 
Pueblos and the future of the entire State of New Mexico.
  I would urge my colleagues' support.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3 
minutes to the gentleman from California (Mr. Daniel E. Lungren).
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I rise in support 
of the idea of transparency in this and in all things. I think that 
some observers may not appreciate the issues that are before us when we 
are dealing with Indian rights, whether it is settlement or something 
else, because of the unique situation of Native Americans in the United 
States and how the relationship that we have with the Indian Nations is

[[Page 410]]

as a result directly of the Constitution of the United States.
  Often it is good for us to remind ourselves of the first principles 
involved when we are dealing with these issues. And therefore, Mr. 
Speaker, I would like to also mention that today, in a blow for 
freedom, in a tremendous action of a return to first principles under 
the Constitution, the United States Supreme Court finally got it right. 
The United States Supreme Court, in the case of Citizens United v. 
Federal Election Commission, finally focused on the first amendment and 
talked about the essence of the first amendment being political speech.
  We have been distracted so often in other decisions by the Court that 
they have lost in many times their focus on the fact that the first 
amendment is in essence a protection of our political speech. And today 
they overruled a previous case where they had wandered from that. They 
said to us that Congress cannot in fact make choices between preferred 
speakers and nonpreferred speakers, preferred organizations and 
nonpreferred organizations.
  And here is one of the kernels of truth contained in today's majority 
opinion. ``Political speech is so ingrained in this country's culture 
that speakers find ways around campaign finance laws.'' That oftentimes 
in this body we, in the effort to try and cleanse the political system 
from the possibility of people who might take undue advantage of it, 
render political speech to the sidelines. And the Court has said the 
people are smarter than that. They can get around that, and therefore 
we ought to attempt to allow the full flowering of political speech.
  The Court also said this. ``Rapid changes to technology--and the 
creative dynamic inherent in the concept of free expression--counsel 
against upholding a law that restricts political speech in certain 
media or by certain speakers.'' This is a great day, Mr. Speaker. This 
is a great day. The Court said, ``Differential treatment of media 
corporations and other corporations cannot be squared with the first 
amendment, and there is no support for the view that the amendment's 
original meaning would permit suppressing media corporations' political 
speech.''
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. HASTINGS of Washington. I yield the gentleman an additional 30 
seconds.
  Mr. DANIEL E. LUNGREN of California. It is said that their previous 
decision in Austin allows ``censorship that is vast in its reach, 
suppressing the speech of both for-profit and nonprofit, both small and 
large, corporations.''
  Earlier this week the people of Massachusetts reminded us that here 
the people prevail, that the Constitution starts with the words, ``We, 
the people.'' That despite what the pundits say, despite what special 
interests say, the people prevail. Today the Supreme Court said the 
people can speak. It is a great day.
  Mr. RAHALL. Mr. Speaker, I have no further requests for time, and I 
am prepared to yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, if I understand, the 
gentleman will be the last speaker. I know my friend Mr. McClintock is 
not going to offer his amendment. So I will close and I will yield 
myself the balance of the time by simply saying, Mr. Speaker, that the 
issue here is not the benefits of these settlements. We think those 
settlements are good. The one element that we have a question on is 
what is the cost to the taxpayer? I think that is a very, very 
legitimate issue for us in the U.S. House to consider.
  So with that reason, as I mentioned earlier, I have to reluctantly 
oppose all three of these bills. And I would hope in the future at the 
committee level we can have this full transparency on future 
settlements that we will inevitably have in this Congress.
  With that, Mr. Speaker, I urge my colleagues to vote ``no'' on this 
bill, and I yield back the balance of my time.
  Mr. RAHALL. Mr. Speaker, just to conclude and reiterate what I have 
already said, that 44 years of litigation is far too long, 40 years of 
litigation is far too long. We all know the tremendous costs involved 
in litigation to the Federal taxpayer, the amount of salaries paid to 
judges, lawyers. We could go on and on about the costs that the 
taxpayer ends up bearing over some 44 years of litigation, longer time 
period than Moses spent in the desert. So with that, I would say that 
this bill is certainly economical to the American taxpayers, and I 
would urge its passage.
  I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate on the bill has expired.
  The Chair understands that the amendment will not be offered.
  Pursuant to House Resolution 1017, the previous question is ordered 
on the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. RAHALL. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________