II 

117TH CONGRESS 

2D SESSION S. 4896 

To approve the settlement of water rights claims of the Pueblos of Jemez 

and Zia in the State of New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2022 

Mr. HEINRICH introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To approve the settlement of water rights claims of the 

Pueblos of Jemez and Zia in the State of New Mexico, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pueblos of Jemez and Zia Water Rights Settlement Act 

6 of 2022’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 


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Sec. 4. Ratification of Agreement. 

Sec. 5. Pueblo Water Right. 

Sec. 6. Settlement trust funds. 

Sec. 7. Funding. 

Sec. 8. Waivers and releases of claims. 

Sec. 9. Satisfaction of claims. 

Sec. 10. Enforceability date. 

Sec. 11. Miscellaneous provisions. 

Sec. 12. Antideficiency. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to achieve a fair, equitable, and final settle4 ment of all claims to water rights in the Jemez 

5 River Stream System in the State of New Mexico 

6 for— 

7 (A) the Pueblo of Jemez; 

8 (B) the Pueblo of Zia; and 

9 (C) the United States, acting as trustee for 

10 the Pueblos of Jemez and Zia; 

11 (2) to authorize, ratify, and confirm the Agree12 ment entered into by the Pueblos, the State, and 

13 various other parties to the extent that the Agree14 ment is consistent with this Act; 

15 (3) to authorize and direct the Secretary— 

16 (A) to execute the Agreement; and 

17 (B) to take any other actions necessary to 

18 carry out the Agreement in accordance with 

19 this Act; and 

20 (4) to authorize funds necessary for the imple21 mentation of the Agreement and this Act. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADJUDICATION.—The term ‘‘Adjudication’’ 

4 means the adjudication of water rights pending be5 fore the United States District Court for the Dis6 trict of New Mexico: United States of America, on 

7 its own behalf, and on behalf of the Pueblos of 

8 Jemez, Santa Ana, and Zia, State of New Mexico, 

9 ex rel. State Engineer, Plaintiffs, and Pueblos of 

10 Jemez, Santa Ana, and Zia, Plaintiffs-in-Interven11 tion v. Tom Abousleman, et al., Defendants, Civil 

12 No. 83–cv–01041 (KR). 

13 (2) AGREEMENT.—The term ‘‘Agreement’’ 

14 means— 

15 (A) the document entitled ‘‘Pueblos of 

16 Jemez and Zia Water Rights Settlement Agree17 ment’’ and dated May 11, 2022, and the appen18 dices and exhibits attached thereto; and 

19 (B) any amendment to the document re20 ferred to in subparagraph (A) (including an 

21 amendment to an appendix or exhibit) that is 

22 executed to ensure that the Agreement is con23 sistent with this Act. 

24 (3) ENFORCEABILITY DATE.—The term ‘‘En25 forceability Date’’ means the date described in sec26 tion 10. 


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1 (4) JEMEZ RIVER STREAM SYSTEM.—The term 

2 ‘‘Jemez River Stream System’’ means the geo3 graphic extent of the area involved in the Adjudica4 tion. 

5 (5) PARTIAL FINAL JUDGMENT AND DECREE.— 

6 The term ‘‘Partial Final Judgment and Decree’’ 

7 means a final or interlocutory partial final judgment 

8 and decree entered by the United States District 

9 Court for the District of New Mexico with respect 

10 to the water rights of the Pueblos— 

11 (A) that is substantially in the form de12 scribed in the Agreement, as amended to ensure 

13 consistency with this Act; and 

14 (B) from which no further appeal may be 

15 taken. 

16 (6) PUEBLO.—The term ‘‘Pueblo’’ means either 

17 of— 

18 (A) the Pueblo of Jemez; or 

19 (B) the Pueblo of Zia. 

20 (7) PUEBLO LAND.—The term ‘‘Pueblo Land’’ 

21 means any real property that is— 

22 (A) held by the United States in trust for 

23 a Pueblo within the Jemez River Stream Sys24 tem; 


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1 (B) owned by a Pueblo within the Jemez 

2 River Stream System before the date on which 

3 a court approves the Agreement; or 

4 (C) acquired by a Pueblo on or after the 

5 date on which a court approves the Agreement 

6 if the real property— 

7 (i) is located within the exterior 

8 boundaries of the Pueblo, as recognized 

9 and confirmed by a patent issued under 

10 the Act of December 22, 1858 (11 Stat. 

11 374, chapter V); 

12 (ii) is located within the exterior 

13 boundaries of any territory set aside for a 

14 Pueblo by law, Executive order, or court 

15 decree; 

16 (iii) is owned by a Pueblo or held by 

17 the United States in trust for the benefit 

18 of a Pueblo outside the Jemez River 

19 Stream System that is located within the 

20 exterior boundaries of the Pueblo, as rec21 ognized and confirmed by a patent issued 

22 under the Act of December 22, 1858 (11 

23 Stat. 374, chapter V); or 

24 (iv) is located within the exterior 

25 boundaries of any real property located 


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1 outside the Jemez River Stream System 

2 set aside for a Pueblo by law, Executive 

3 order, or court decree if the land is within 

4 or contiguous to land held by the United 

5 States in trust for the Pueblo as of June 

6 1, 2022. 

7 (8) PUEBLO TRUST FUND.—The term ‘‘Pueblo 

8 Trust Fund’’ means— 

9 (A) the Pueblo of Jemez Settlement Trust 

10 Fund established under section 6(a); and 

11 (B) the Pueblo of Zia Settlement Trust 

12 Fund established under that section. 

13 (9) PUEBLO WATER RIGHT.—The term ‘‘Pueblo 

14 Water Right’’ means the water right of a Pueblo— 

15 (A) as identified in the Agreement and sec16 tion 5 of this Act; and 

17 (B) as confirmed in the Partial Final 

18 Judgment and Decree. 

19 (10) PUEBLOS.—The term ‘‘Pueblos’’ means— 

20 (A) the Pueblo of Jemez; and 

21 (B) the Pueblo of Zia. 

22 (11) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of the Interior. 

24 (12) STATE.—The term ‘‘State’’ means the 

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1 ments, and political subdivisions of the State of New 

2 Mexico. 

3 SEC. 4. RATIFICATION OF AGREEMENT. 

4 (a) RATIFICATION.— 

5 (1) IN GENERAL.—Except as modified by this 

6 Act and to the extent that the Agreement does not 

7 conflict with this Act, the Agreement is authorized, 

8 ratified, and confirmed. 

9 (2) AMENDMENTS.—If an amendment to the 

10 Agreement, or to any appendix or exhibit attached 

11 to the Agreement requiring the signature of the Sec12 retary, is executed in accordance with this Act to 

13 make the Agreement consistent with this Act, the 

14 amendment is authorized, ratified, and confirmed. 

15 (b) EXECUTION.— 

16 (1) IN GENERAL.—To the extent the Agreement 

17 does not conflict with this Act, the Secretary shall 

18 execute the Agreement, including all appendices or 

19 exhibits to, or parts of, the Agreement requiring the 

20 signature of the Secretary. 

21 (2) MODIFICATIONS.—Nothing in this Act pro22 hibits the Secretary, after execution of the Agree23 ment, from approving any modification to the Agree24 ment, including an appendix or exhibit to the Agree25 ment, that is consistent with this Act, to the extent 


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1 that the modification does not otherwise require con2 gressional approval under section 2116 of the Re3 vised Statutes (25 U.S.C. 177) or any other applica4 ble provision of Federal law. 

5 (c) ENVIRONMENTAL COMPLIANCE.— 

6 (1) IN GENERAL.—In implementing the Agree7 ment and this Act, the Secretary shall comply 

8 with— 

9 (A) the Endangered Species Act of 1973 

10 (16 U.S.C. 1531 et seq.); 

11 (B) the National Environmental Policy Act 

12 of 1969 (42 U.S.C. 4321 et seq.), including the 

13 implementing regulations of that Act; and 

14 (C) all other applicable Federal environ15 mental laws and regulations. 

16 (2) COMPLIANCE.— 

17 (A) IN GENERAL.—In implementing the 

18 Agreement and this Act, the Pueblos shall pre19 pare any necessary environmental documents, 

20 consistent with— 

21 (i) the Endangered Species Act of 

22 1973 (16 U.S.C. 1531 et seq.); 

23 (ii) the National Environmental Policy 

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1 cluding the implementing regulations of 

2 that Act; and 

3 (iii) all other applicable Federal envi4 ronmental laws and regulations. 

5 (B) AUTHORIZATIONS.—The Secretary 

6 shall— 

7 (i) independently evaluate the docu8 mentation required under subparagraph 

9 (A); and 

10 (ii) be responsible for the accuracy, 

11 scope, and contents of that documentation. 

12 (3) EFFECT OF EXECUTION.—The execution of 

13 the Agreement by the Secretary under this section 

14 shall not constitute a major Federal action under 

15 the National Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.). 

17 (4) COSTS.—Any costs associated with the per18 formance of the compliance activities under this sub19 section shall be paid from funds deposited in the 

20 Pueblo Trust Funds, subject to the condition that 

21 any costs associated with the performance of Federal 

22 approval or other review of such compliance work or 

23 costs associated with inherently Federal functions 

24 shall remain the responsibility of the Secretary. 


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1 SEC. 5. PUEBLO WATER RIGHT. 

2 (a) TRUST STATUS OF THE PUEBLO WATER

3 RIGHT.—The Pueblo Water Right shall be held in trust 

4 by the United States on behalf of the Pueblos in accord5 ance with the Agreement and this Act. 

6 (b) FORFEITURE AND ABANDONMENT.—The Pueblo 

7 Water Right shall not be subject to loss through non-use, 

8 forfeiture, abandonment, or other operation of law. 

9 (c) USE.—Any use of the Pueblo Water Right shall 

10 be subject to the terms and conditions of the Agreement 

11 and this Act. 

12 (d) AUTHORITY OF THE PUEBLOS.— 

13 (1) IN GENERAL.—The Pueblos shall have the 

14 authority to allocate, distribute, and lease the Pueblo 

15 Water Right for use on Pueblo Land in accordance 

16 with the Agreement, this Act, and applicable Federal 

17 law. 

18 (2) USE OFF PUEBLO LAND.—The Pueblos may 

19 allocate, distribute, and lease the Pueblo Water 

20 Right for use off Pueblo Land in accordance with 

21 the Agreement, this Act, and applicable Federal law, 

22 subject to the approval of the Secretary. 

23 (e) ADMINISTRATION.— 

24 (1) NO ALIENATION.—The Pueblos shall not 

25 permanently alienate any portion of the Pueblo 

26 Water Right. 


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1 (2) PURCHASES OR GRANTS OF LAND FROM IN2 DIANS.—An authorization provided by this Act for 

3 the allocation, distribution, leasing, or other ar4 rangement entered into pursuant to this Act shall be 

5 considered to satisfy any requirement for authoriza6 tion of the action required by Federal law. 

7 (3) PROHIBITION ON FORFEITURE.—The non8 use of all or any portion of the Pueblo Water Right 

9 by any water user shall not result in the forfeiture, 

10 abandonment, relinquishment, or other loss of all or 

11 any portion of the Pueblo Water Right. 

12 SEC. 6. SETTLEMENT TRUST FUNDS. 

13 (a) ESTABLISHMENT.—The Secretary shall establish 

14 2 trust funds, to be known as the ‘‘Pueblo of Jemez Settle15 ment Trust Fund’’ and the ‘‘Pueblo of Zia Settlement 

16 Trust Fund’’, to be managed, invested, and distributed by 

17 the Secretary and to remain available until expended, 

18 withdrawn, or reverted to the general fund of the Treas19 ury, consisting of the amounts deposited in the Pueblo 

20 Trust Funds under subsection (b), together with any in21 vestment earnings, including interest, earned on those 

22 amounts for the purpose of carrying out this Act. 

23 (b) DEPOSITS.—The Secretary shall deposit in each 

24 Pueblo Trust Fund the amounts made available pursuant 

25 to section 7(a). 


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1 (c) MANAGEMENT AND INTEREST.— 

2 (1) MANAGEMENT.—On receipt and deposit of 

3 funds into the Pueblo Trust Funds under subsection 

4 (b), the Secretary shall manage, invest, and dis5 tribute all amounts in the Pueblo Trust Funds in a 

6 manner that is consistent with the investment au7 thority of the Secretary under— 

8 (A) the first section of the Act of June 24, 

9 1938 (25 U.S.C. 162a); 

10 (B) the American Indian Trust Fund Man11 agement Reform Act of 1994 (25 U.S.C. 4001 

12 et seq.); and 

13 (C) this subsection. 

14 (2) INVESTMENT EARNINGS.—In addition to 

15 the deposits made to each Pueblo Trust Fund under 

16 subsection (b), any investment earnings, including 

17 interest, earned on those amounts held in each 

18 Pueblo Trust Fund are authorized to be used in ac19 cordance with subsections (e) and (g). 

20 (d) AVAILABILITY OF AMOUNTS.— 

21 (1) IN GENERAL.—Amounts appropriated to, 

22 and deposited in, each Pueblo Trust Fund, including 

23 any investment earnings (including interest) earned 

24 on those amounts, shall be made available to each 

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1 ability Date, subject to the requirements of this sec2 tion, except for funds to be made available to the 

3 Pueblos pursuant to paragraph (2). 

4 (2) USE OF FUNDS.—Notwithstanding para5 graph (1), $25,000,000 of the amounts deposited in 

6 each Pueblo Trust Fund shall be available to the ap7 propriate Pueblo for— 

8 (A) developing economic water develop9 ment plans; 

10 (B) preparing environmental compliance 

11 documents; 

12 (C) preparing water project engineering 

13 designs; 

14 (D) establishing and operating a water re15 source department; 

16 (E) installing supplemental irrigation 

17 groundwater wells; and 

18 (F) developing water measurement and re19 porting water use plans. 

20 (e) WITHDRAWALS.— 

21 (1) WITHDRAWALS UNDER THE AMERICAN IN22 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

23 1994.— 

24 (A) IN GENERAL.—Each Pueblo may with25 draw any portion of the amounts in the Pueblo 


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1 Trust Fund on approval by the Secretary of a 

2 Tribal management plan submitted by the 

3 Pueblo in accordance with the American Indian 

4 Trust Fund Management Reform Act of 1994 

5 (25 U.S.C. 4001 et seq.). 

6 (B) REQUIREMENTS.—In addition to the 

7 requirements under the American Indian Trust 

8 Fund Management Reform Act of 1994 (25 

9 U.S.C. 4001 et seq.), the Tribal management 

10 plan under this paragraph shall require that the 

11 appropriate Pueblo shall spend all amounts 

12 withdrawn from each Pueblo Trust Fund, and 

13 any investment earnings (including interest) 

14 earned on those amounts, through the invest15 ments under the Tribal management plan, in 

16 accordance with this Act. 

17 (C) ENFORCEMENT.—The Secretary may 

18 carry out such judicial and administrative ac19 tions as the Secretary determines to be nec20 essary to enforce the Tribal management plan 

21 under this paragraph to ensure that amounts 

22 withdrawn by each Pueblo from the Pueblo 

23 Trust Fund of the Pueblo under subparagraph 

24 (A) are used in accordance with this Act. 


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1 (2) WITHDRAWALS UNDER EXPENDITURE

2 PLAN.— 

3 (A) IN GENERAL.—Each Pueblo may sub4 mit to the Secretary a request to withdraw 

5 funds from the Pueblo Trust Fund of the Pueb6 lo pursuant to an approved expenditure plan. 

7 (B) REQUIREMENTS.—To be eligible to 

8 withdraw amounts under an expenditure plan 

9 under subparagraph (A), each Pueblo shall sub10 mit to the Secretary an expenditure plan for 

11 any portion of the Pueblo Trust Fund that the 

12 Pueblo elects to withdraw pursuant to that sub13 paragraph, subject to the condition that the 

14 amounts shall be used for the purposes de15 scribed in this Act. 

16 (C) INCLUSIONS.—An expenditure plan 

17 under this paragraph shall include a description 

18 of the manner and purpose for which the 

19 amounts proposed to be withdrawn from the 

20 Pueblo Trust Fund will be used by the Pueblo, 

21 in accordance with this subsection and sub22 section (g). 

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1 paragraph (A) if the Secretary determines that 

2 the plan— 

3 (i) is reasonable; and 

4 (ii) is consistent with, and will be used 

5 for, the purposes of this Act. 

6 (E) ENFORCEMENT.—The Secretary may 

7 carry out such judicial and administrative ac8 tions as the Secretary determines to be nec9 essary to enforce an expenditure plan to ensure 

10 that amounts disbursed under this paragraph 

11 are used in accordance with this Act. 

12 (f) EFFECT OF SECTION.—Nothing in this section 

13 gives the Pueblos the right to judicial review of a deter14 mination of the Secretary relating to whether to approve 

15 a Tribal management plan under paragraph (1) of sub16 section (e) or an expenditure plan under paragraph (2) 

17 of that subsection except under subchapter II of chapter 

18 5, and chapter 7, of title 5, United States Code (commonly 

19 known as the ‘‘Administrative Procedure Act’’). 

20 (g) USES.—Amounts from a Pueblo Trust Fund may 

21 only be used by the appropriate Pueblo for the following 

22 purposes: 

23 (1) Planning, permitting, designing, engineer24 ing, constructing, reconstructing, replacing, rehabili25 tating, operating, or repairing water production, 


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1 treatment, or delivery infrastructure, including for 

2 domestic and municipal use, on-farm improvements, 

3 or wastewater infrastructure. 

4 (2) Watershed protection and enhancement, 

5 support of agriculture, water-related Pueblo commu6 nity welfare and economic development, and costs 

7 related to implementation of the Agreement. 

8 (3) Planning, permitting, designing, engineer9 ing, construction, reconstructing, replacing, rehabili10 tating, operating, or repairing water production of 

11 delivery infrastructure of the Augmentation Project, 

12 as set forth in the Agreement. 

13 (4) Ensuring environmental compliance in the 

14 development and construction of projects under this 

15 Act. 

16 (h) LIABILITY.—The Secretary and the Secretary of 

17 the Treasury shall not be liable for the expenditure or in18 vestment of any amounts withdrawn from a Pueblo Trust 

19 Fund by a Pueblo under paragraph (1) or (2) of sub20 section (e). 

21 (i) EXPENDITURE REPORTS.—Each Pueblo shall an22 nually submit to the Secretary an expenditure report de23 scribing accomplishments and amounts spent from use of 

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1 penditure plan under paragraph (1) or (2) of subsection 

2 (e), as applicable. 

3 (j) NO PER CAPITA DISTRIBUTIONS.—No portion of 

4 a Pueblo Trust Fund shall be distributed on a per capita 

5 basis to any member of a Pueblo. 

6 (k) TITLE TO INFRASTRUCTURE.—Title to, control 

7 over, and operation of any project constructed using funds 

8 from a Pueblo Trust Fund shall remain in the appropriate 

9 Pueblo. 

10 (l) OPERATION, MAINTENANCE, AND REPLACE11 MENT.—All operation, maintenance, and replacement 

12 costs of any project constructed using funds from a Pueblo 

13 Trust Fund shall be the responsibility of the appropriate 

14 Pueblo. 

15 SEC. 7. FUNDING. 

16 (a) MANDATORY APPROPRIATION.—Out of any 

17 money in the Treasury not otherwise appropriated, the 

18 Secretary of the Treasury shall transfer to the Sec19 retary— 

20 (1) for deposit in the Pueblo of Jemez Settle21 ment Trust Fund established under section 6(a) 

22 $290,000,000, to remain available until expended, 

23 withdrawn, or reverted to the general fund of the 

24 Treasury; and 


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1 (2) for deposit in the Pueblo of Zia Settlement 

2 Trust Fund established under that section 

3 $200,000,000, to remain available until expended, 

4 withdrawn, or reverted to the general fund of the 

5 Treasury. 

6 (b) FLUCTUATION IN COSTS.— 

7 (1) IN GENERAL.—The amount appropriated 

8 under subsection (a) shall be increased or decreased, 

9 as appropriate, by such amounts as may be justified 

10 by reason of ordinary fluctuations in costs, as indi11 cated by the Bureau of Reclamation Construction 

12 Cost Index–Composite Trend. 

13 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

14 amount appropriated under subsection (a) shall be 

15 adjusted to address construction cost changes nec16 essary to account for unforeseen market volatility 

17 that may not otherwise be captured by engineering 

18 cost indices, as determined by the Secretary, includ19 ing repricing applicable to the types of construction 

20 and current industry standards involved. 

21 (3) REPETITION.—The adjustment process 

22 under this subsection shall be repeated for each sub23 sequent amount appropriated until the applicable 

24 amount, as adjusted, has been appropriated. 


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1 (4) PERIOD OF INDEXING.—The period of in2 dexing adjustment under this subsection for any in3 crement of funding shall start on October 1, 2021, 

4 and end on the date on which the funds are depos5 ited in the applicable Pueblo Trust Fund. 

6 (c) STATE COST SHARE.—The State shall con7 tribute— 

8 (1) $3,400,000, as adjusted for inflation pursu9 ant to the Agreement, to the San Ysidro Community 

10 Ditch Association for capital and operating expenses 

11 of the mutual benefit Augmentation Project; 

12 (2) $16,159,000, as adjusted for inflation pur13 suant to the Agreement, for Jemez River Basin 

14 Water Users Coalition acequia ditch improvements; 

15 and 

16 (3) $500,000, as adjusted for inflation, to miti17 gate impairment to non-Pueblo domestic and live18 stock groundwater rights as a result of new Pueblo 

19 water use. 

20 SEC. 8. WAIVERS AND RELEASES OF CLAIMS. 

21 (a) IN GENERAL.— 

22 (1) WAIVERS AND RELEASES OF CLAIMS BY

23 PUEBLOS AND UNITED STATES AS TRUSTEE FOR

24 PUEBLOS.—Subject to the reservation of rights and 

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1 ation for recognition of the Pueblo Water Right and 

2 other benefits described in the Agreement and this 

3 Act, the Pueblos and the United States, acting as 

4 trustee for the Pueblos, shall execute a waiver and 

5 release of all claims for— 

6 (A) water rights within the Jemez River 

7 Stream System that the Pueblos, or the United 

8 States acting as trustee for the Pueblos, as9 serted or could have asserted in any proceeding, 

10 including the Adjudication, on or before the En11 forceability Date, except to the extent that such 

12 a right is recognized in the Agreement and this 

13 Act; and 

14 (B) damages, losses, or injuries to water 

15 rights or claims of interference with, diversion 

16 of, or taking of water (including claims for in17 jury to land resulting from such damages, 

18 losses, injuries, interference, diversion, or tak19 ing) in the Jemez River Stream System against 

20 any party to a settlement, including the mem21 bers and parciantes of signatory acequias, that 

22 accrued at any time up to and including the 

23 Enforceability Date. 

24 (2) WAIVERS AND RELEASES OF CLAIMS BY

25 PUEBLOS AGAINST UNITED STATES.—Subject to the 


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1 reservation of rights and retention of claims under 

2 subsection (c), each Pueblo shall execute a waiver 

3 and release of all claims against the United States 

4 (including any agency or employee of the United 

5 States) for water rights within the Jemez River 

6 Stream System first arising before the Enforce7 ability Date relating to— 

8 (A) water rights within the Jemez River 

9 Stream System that the United States, acting 

10 as trustee for the Pueblos, asserted or could 

11 have asserted in any proceeding, including the 

12 Adjudication, except to the extent that such 

13 rights are recognized as part of the Pueblo 

14 Water Right under this Act; 

15 (B) foregone benefits from non-Pueblo use 

16 of water, on and off Pueblo Land (including 

17 water from all sources and for all uses), within 

18 the Jemez River Stream System; 

19 (C) damage, loss, or injury to water, water 

20 rights, land, or natural resources due to loss of 

21 water or water rights (including damages, 

22 losses, or injuries to hunting, fishing, gathering, 

23 or cultural rights due to loss of water or water 

24 rights, claims relating to interference with, di25 version of, or taking of water, or claims relating 


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1 to a failure to protect, acquire, replace, or de2 velop water, water rights, or water infrastruc3 ture) within the Jemez River Stream System; 

4 (D) a failure to establish or provide a mu5 nicipal, rural, or industrial water delivery sys6 tem on Pueblo Land within the Jemez River 

7 Stream System; 

8 (E) damage, loss, or injury to water, water 

9 rights, land, or natural resources due to con10 struction, operation, and management of irriga11 tion projects on Pueblo Land or Federal land 

12 (including damages, losses, or injuries to fish 

13 habitat, wildlife, and wildlife habitat) within the 

14 Jemez River Stream System; 

15 (F) a failure to provide for operation, 

16 maintenance, or deferred maintenance for any 

17 irrigation system or irrigation project within the 

18 Jemez River Stream System; 

19 (G) a failure to provide a dam safety im20 provement to a dam on Pueblo Land within the 

21 Jemez River Stream System; 

22 (H) the litigation of claims relating to any 

23 water right of a Pueblo within the Jemez River 

24 Stream System; and 


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1 (I) the negotiation, execution, or adoption 

2 of the Agreement (including exhibits or appen3 dices) and this Act. 

4 (b) EFFECTIVE DATE.—The waivers and releases de5 scribed in subsection (a) shall take effect on the Enforce6 ability Date. 

7 (c) RESERVATION OF RIGHTS AND RETENTION OF

8 CLAIMS.—Notwithstanding the waivers and releases under 

9 subsection (a), the Pueblos and the United States, acting 

10 as trustee for the Pueblos, shall retain all claims relating 

11 to— 

12 (1) the enforcement of, or claims accruing after 

13 the Enforceability Date relating to water rights rec14 ognized under the Agreement relating to, any final 

15 court decree or this Act; 

16 (2) activities affecting the quality of water, in17 cluding claims under— 

18 (A) the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9601 et seq.), including claims 

21 for damages to natural resources; 

22 (B) the Safe Drinking Water Act (42 

23 U.S.C. 300f et seq.); 


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•S 4896 IS

1 (C) the Federal Water Pollution Control 

2 Act (33 U.S.C. 1251 et seq.) (commonly re3 ferred to as the ‘‘Clean Water Act’’); and 

4 (D) any regulations implementing the Acts 

5 described in subparagraphs (A) through (C); 

6 (3) the right to use and protect water rights ac7 quired after the date of enactment of this Act; 

8 (4) damage, loss, or injury to land or natural 

9 resources that is not due to loss of water or water 

10 rights, including hunting, fishing, gathering, or cul11 tural rights; 

12 (5) all rights, remedies, privileges, immunities, 

13 and powers not specifically waived and released pur14 suant to this Act or the Agreement; and 

15 (6) loss of water or water rights in locations 

16 outside of the Jemez River Stream System. 

17 (d) EFFECT OF AGREEMENT AND ACT.—Nothing in 

18 the Agreement or this Act— 

19 (1) reduces or extends the sovereignty (includ20 ing civil and criminal jurisdiction) of any govern21 ment entity; 

22 (2) affects the ability of the United States, as 

23 sovereign, to carry out any activity authorized by 

24 law, including— 


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•S 4896 IS

1 (A) the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 

3 1980 (42 U.S.C. 9601 et seq.); 

4 (B) the Safe Drinking Water Act (42 

5 U.S.C. 300f et seq.); 

6 (C) the Federal Water Pollution Control 

7 Act (33 U.S.C. 1251 et seq.) (commonly re8 ferred to as the ‘‘Clean Water Act’’); 

9 (D) the Solid Waste Disposal Act (42 

10 U.S.C. 6901 et seq.); and 

11 (E) any regulations implementing the Acts 

12 described in subparagraphs (A) though (D); 

13 (3) affects the ability of the United States to 

14 act as trustee for the Pueblos (consistent with this 

15 Act), any other Pueblo or Indian Tribe, or an allot16 tee of any other Indian Tribe; 

17 (4) confers jurisdiction on any State court— 

18 (A) to interpret Federal law relating to 

19 health, safety, or the environment; 

20 (B) to determine the duties of the United 

21 States or any other party under Federal law re22 garding health, safety, or the environment; 

23 (C) to conduct judicial review of any Fed24 eral agency action; or 

25 (D) to interpret Pueblo or Tribal law; or 


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•S 4896 IS

1 (5) waives any claim of a member of a Pueblo 

2 in an individual capacity that does not derive from 

3 a right of the Pueblos. 

4 (e) TOLLING OF CLAIMS.— 

5 (1) IN GENERAL.—Each applicable period of 

6 limitation and time-based equitable defense relating 

7 to a claim described in this section shall be tolled for 

8 the period beginning on the date of enactment of 

9 this Act and ending on the Enforceability Date. 

10 (2) EFFECT OF SUBSECTION.—Nothing in this 

11 subsection revives any claim or tolls any period of 

12 limitation or time-based equitable defense that ex13 pired before the date of enactment of this Act. 

14 (3) LIMITATION.—Nothing in this section pre15 cludes the tolling of any period of limitation or any 

16 time-based equitable defense under any other appli17 cable law. 

18 (f) EXPIRATION.— 

19 (1) IN GENERAL.—This Act shall expire in any 

20 case in which the Secretary fails to publish a state21 ment of findings under section 10 by not later 

22 than— 

23 (A) July 1, 2030; or 


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•S 4896 IS

1 (B) such alternative later date as is agreed 

2 to by the Pueblos and the Secretary, after pro3 viding reasonable notice to the State. 

4 (2) CONSEQUENCES.—If this Act expires under 

5 paragraph (1)— 

6 (A) the waivers and releases under sub7 section (a) shall— 

8 (i) expire; and 

9 (ii) have no further force or effect; 

10 (B) the authorization, ratification, con11 firmation, and execution of the Agreement 

12 under section 4 shall no longer be effective; 

13 (C) any action carried out by the Sec14 retary, and any contract or agreement entered 

15 into, pursuant to this Act shall be void; 

16 (D) any unexpended Federal funds appro17 priated or made available to carry out the ac18 tivities authorized by this Act, together with 

19 any interest earned on those funds, and any 

20 water rights or contracts to use water and title 

21 to other property acquired or constructed with 

22 Federal funds appropriated or made available 

23 to carry out the activities authorized by this Act 

24 shall be returned to the Federal Government, 

25 unless otherwise agreed to by the Pueblos and 


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1 the United States and approved by Congress; 

2 and 

3 (E) except for Federal funds used to ac4 quire or construct property that is returned to 

5 the Federal Government under subparagraph 

6 (D), the United States shall be entitled to offset 

7 any Federal funds made available to carry out 

8 this Act that were expended or withdrawn, or 

9 any funds made available to carry out this Act 

10 from other Federal authorized sources, together 

11 with any interest accrued on those funds, 

12 against any claims against the United States— 

13 (i) relating to— 

14 (I) water rights in the State as15 serted by— 

16 (aa) the Pueblos; or 

17 (bb) any user of the Pueblo 

18 Water Right; or 

19 (II) any other matter covered by 

20 subsection (a)(2); or 

21 (ii) in any future settlement of water 

22 rights of the Pueblos. 

23 SEC. 9. SATISFACTION OF CLAIMS. 

24 The benefits provided under this Act shall be in com25 plete replacement of, complete substitution for, and full 


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1 satisfaction of any claim of the Pueblos against the United 

2 States that are waived and released by the Pueblos pursu3 ant to section 8(a). 

4 SEC. 10. ENFORCEABILITY DATE. 

5 The Enforceability Date shall be the date on which 

6 the Secretary publishes in the Federal Register a state7 ment of findings that— 

8 (1) to the extent that the Agreement conflicts 

9 with this Act, the Agreement has been amended to 

10 conform with this Act; 

11 (2) the Agreement, as amended, includes the 

12 waivers and releases of claims set forth in section 8, 

13 and has been executed by all parties to the Agree14 ment, including the United States; 

15 (3) the United States District Court for the 

16 District of New Mexico has approved the Agreement 

17 and has entered a Partial Final Judgment and De18 cree; 

19 (4) all of the amounts appropriated under sec20 tion 7 have been appropriated and deposited in the 

21 designated accounts of the applicable Pueblo Trust 

22 Fund; 

23 (5) the State has— 

24 (A) provided the funding under section 

25 7(c)(2) into appropriate funding accounts; 


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1 (B) provided the funding under section 

2 7(c)(1) or entered into a funding agreement 

3 with the intended beneficiaries for that funding; 

4 and 

5 (C) enacted legislation to amend State law 

6 to provide that a Pueblo Water Right may be 

7 leased for a term of not to exceed 99 years, in8 cluding renewals; and 

9 (6) the waivers and releases under section 8(a) 

10 have been executed by the Pueblos and the Sec11 retary. 

12 SEC. 11. MISCELLANEOUS PROVISIONS. 

13 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

14 UNITED STATES.—Nothing in this Act waives the sov15 ereign immunity of the United States. 

16 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

17 Nothing in this Act quantifies or diminishes any land or 

18 water right, or any claim or entitlement to land or water, 

19 of an Indian Tribe, band, or community other than the 

20 Pueblos. 

21 (c) EFFECT ON CURRENT LAW.—Nothing in this Act 

22 affects any provision of law (including regulations) in ef23 fect on the day before the date of enactment of this Act 

24 with respect to pre-enforcement review of any Federal en25 vironmental enforcement action. 


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1 (d) CONFLICT.—In the event of a conflict between 

2 the Agreement and this Act, this Act shall control. 

3 SEC. 12. ANTIDEFICIENCY. 

4 The United States shall not be liable for any failure 

5 to carry out any obligation or activity authorized by this 

6 Act, including any obligation or activity under the Agree7 ment, if adequate appropriations are not provided ex8 pressly by Congress to carry out the purposes of this Act. 

Æ 


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