II 

Calendar No. 274 

118TH CONGRESS 

1ST SESSION S. 595 

[Report No. 118–131] 

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

and Laguna in the Rio San Jose ́ Stream System and the Pueblos 

of Jemez and Zia in the Rio Jemez Stream System in the State of 

New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2023 

Mr. HEINRICH (for himself and Mr. LUJA ́N) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

DECEMBER 12, 2023 

Reported by Mr. SCHATZ, without amendment 

A BILL 

To approve the settlement of water rights claims of the 

Pueblos of Acoma and Laguna in the Rio San Jose ́

Stream System and the Pueblos of Jemez and Zia in 

the Rio Jemez Stream System 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, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Rio San Jose ́ and Rio Jemez Water Settlements Act of 

4 2023’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS 

SETTLEMENT 

Sec. 101. Purposes. 

Sec. 102. Definitions. 

Sec. 103. Ratification of Agreement. 

Sec. 104. Pueblo Water Rights. 

Sec. 105. Settlement trust funds. 

Sec. 106. Funding. 

Sec. 107. Enforceability Date. 

Sec. 108. Waivers and releases of claims. 

Sec. 109. Satisfaction of claims. 

Sec. 110. Consent of United States to jurisdiction for judicial review of a Pueblo Water Right permit decision. 

Sec. 111. Miscellaneous provisions. 

Sec. 112. Antideficiency. 

TITLE II—PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS 

SETTLEMENT 

Sec. 201. Purposes. 

Sec. 202. Definitions. 

Sec. 203. Ratification of Agreement. 

Sec. 204. Pueblo Water Rights. 

Sec. 205. Settlement trust funds. 

Sec. 206. Funding. 

Sec. 207. Enforceability date. 

Sec. 208. Waivers and releases of claims. 

Sec. 209. Satisfaction of claims. 

Sec. 210. Miscellaneous provisions. 

Sec. 211. Antideficiency. 

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1 TITLE I—PUEBLOS OF ACOMA 

2 AND LAGUNA WATER RIGHTS 

3 SETTLEMENT 

4 SEC. 101. PURPOSES. 

5 The purposes of this title are— 

6 (1) to achieve a fair, equitable, and final settle7 ment of all issues and controversies concerning 

8 claims to water rights in the general stream adju9 dication of the Rio San Jose ́ Stream System cap10 tioned ‘‘State of New Mexico, ex rel. State Engineer 

11 v. Kerr-McGee, et al.’’, No. D–1333–CV–1983– 

12 00190 and No. D–1333–CV1983–00220 (consoli13 dated), pending in the Thirteenth Judicial District 

14 Court for the State of New Mexico, for— 

15 (A) the Pueblo of Acoma; 

16 (B) the Pueblo of Laguna; and 

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

18 the Pueblos of Acoma and Laguna; 

19 (2) to authorize, ratify, and confirm the agree20 ment entered into by the Pueblos, the State, and 

21 various other parties to the Agreement, to the extent 

22 that the Agreement is consistent with this title; 

23 (3) to authorize and direct the Secretary— 

24 (A) to execute the Agreement; and 

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1 (B) to take any other actions necessary to 

2 carry out the Agreement in accordance with 

3 this title; and 

4 (4) to authorize funds necessary for the imple5 mentation of the Agreement and this title. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

8 (1) ACEQUIA.—The term ‘‘Acequia’’ means 

9 each of the Bluewater Toltec Irrigation District, La 

10 Acequia Madre del Ojo del Gallo, Moquino Water 

11 Users Association II, Murray Acres Irrigation Asso12 ciation, San Mateo Irrigation Association, Seboyeta 

13 Community Irrigation Association, Cubero Acequia 

14 Association, Cebolletita Acequia Association, and 

15 Community Ditch of San Jose ́ de la Cienega. 

16 (2) ADJUDICATION.—The term ‘‘Adjudication’’ 

17 means the general adjudication of water rights enti18 tled ‘‘State of New Mexico, ex rel. State Engineer v. 

19 Kerr-McGee, et al.’’, No. D–1333–CV–1983–00190 

20 and No. D–1333–CV1983–00220 (consolidated) 

21 pending, as of the date of enactment of this Act, in 

22 the Decree Court. 

23 (3) AGREEMENT.—The term ‘‘Agreement’’ 

24 means— 

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1 (A) the document entitled ‘‘Rio San Jose ́

2 Stream System Water Rights Local Settlement 

3 Agreement Among the Pueblo of Acoma, the 

4 Pueblo of Laguna, the Navajo Nation, the State 

5 of New Mexico, the City of Grants, the Village 

6 of Milan, the Association of Community Ditches 

7 of the Rio San Jose ́ and Nine Individual 

8 Acequias and Community Ditches’’ and dated 

9 May 13, 2022, and the attachments thereto; 

10 and 

11 (B) any amendment to the document re12 ferred to in subparagraph (A) (including an 

13 amendment to an attachment thereto) that is 

14 executed to ensure that the Agreement is con15 sistent with this title. 

16 (4) ALLOTMENT.—The term ‘‘Allotment’’ 

17 means a parcel of land that is— 

18 (A) located within— 

19 (i) the Rio Puerco Basin; 

20 (ii) the Rio San Jose ́ Stream System; 

21 or 

22 (iii) the Rio Salado Basin; and 

23 (B) held in trust by the United States for 

24 the benefit of 1 or more individual Indians. 

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1 (5) ALLOTTEE.—The term ‘‘Allottee’’ means an 

2 individual with a beneficial interest in an Allotment. 

3 (6) DECREE COURT.—The term ‘‘Decree 

4 Court’’ means the Thirteenth Judicial District Court 

5 of the State of New Mexico. 

6 (7) ENFORCEABILITY DATE.—The term ‘‘En7 forceability Date’’ means the date described in sec8 tion 107. 

9 (8) PARTIAL FINAL JUDGMENT AND DECREE.— 

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

11 means a final or interlocutory partial final judgment 

12 and decree entered by the Decree Court with respect 

13 to the water rights of the Pueblos— 

14 (A) that is substantially in the form de15 scribed in article 14.7.2 of the Agreement, as 

16 amended to ensure consistency with this title; 

17 and 

18 (B) from which no further appeal may be 

19 taken. 

20 (9) PUEBLO.—The term ‘‘Pueblo’’ means either 

21 of— 

22 (A) the Pueblo of Acoma; or 

23 (B) the Pueblo of Laguna. 

24 (10) PUEBLO LAND.— 

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1 (A) IN GENERAL.—The term ‘‘Pueblo 

2 Land’’ means any real property— 

3 (i) in the Rio San Jose ́ Stream Sys4 tem that is held by the United States in 

5 trust for either Pueblo, or owned by either 

6 Pueblo, as of the Enforceability Date; 

7 (ii) in the Rio Salado Basin that is 

8 held by the United States in trust for the 

9 Pueblo of Acoma, or owned by the Pueblo 

10 of Acoma, as of the Enforceability Date; or 

11 (iii) in the Rio Puerco Basin that is 

12 held by the United States in trust for the 

13 Pueblo of Laguna, or owned by the Pueblo 

14 of Laguna, as of the Enforceability Date. 

15 (B) INCLUSIONS.—The term ‘‘Pueblo 

16 Land’’ includes land placed in trust with the 

17 United States subsequent to the Enforceability 

18 Date for either Pueblo in the Rio San Jose ́

19 Stream System, for the Pueblo of Acoma in the 

20 Rio Salado Basin, or for the Pueblo of Laguna 

21 in the Rio Puerco Basin. 

22 (11) PUEBLO TRUST FUND.—The term ‘‘Pueblo 

23 Trust Fund’’ means— 

24 (A) the Pueblo of Acoma Settlement Trust 

25 Fund established by section 105(a); 

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1 (B) the Pueblo of Laguna Settlement 

2 Trust Fund established by that section; and 

3 (C) the Acomita Reservoir Works Trust 

4 Fund established by that section. 

5 (12) PUEBLO WATER RIGHTS.—The term 

6 ‘‘Pueblo Water Rights’’ means— 

7 (A) the respective water rights of the 

8 Pueblos in the Rio San Jose ́ Stream System— 

9 (i) as identified in the Agreement and 

10 section 104; and 

11 (ii) as confirmed in the Partial Final 

12 Judgment and Decree; 

13 (B) the water rights of the Pueblo of 

14 Acoma in the Rio Salado Basin; and 

15 (C) the water rights of the Pueblo of La16 guna in the Rio Puerco Basin, as identified in 

17 the Agreement and section 104. 

18 (13) PUEBLOS.—The term ‘‘Pueblos’’ means— 

19 (A) the Pueblo of Acoma; and 

20 (B) the Pueblo of Laguna. 

21 (14) RIO PUERCO BASIN.—The term ‘‘Rio 

22 Puerco Basin’’ means the area defined by the 

23 United States Geological Survey Hydrologic Unit 

24 Codes (HUC) 13020204 (Rio Puerco subbasin) and 

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1 13020205 (Arroyo Chico subbasin), including the 

2 hydrologically connected groundwater. 

3 (15) RIO SAN JOSE ́ STREAM SYSTEM.—The 

4 term ‘‘Rio San Jose ́ Stream System’’ means the geo5 graphic extent of the area involved in the Adjudica6 tion pursuant to the description filed in the Decree 

7 Court on November 21, 1986. 

8 (16) RIO SALADO BASIN.—The term ‘‘Rio Sa9 lado Basin’’ means the area defined by the United 

10 States Geological Survey Hydrologic Unit Code 

11 (HUC) 13020209 (Rio Salado subbasin), including 

12 the hydrologically connected groundwater. 

13 (17) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of the Interior. 

15 (18) SIGNATORY ACEQUIA.—The term ‘‘Signa16 tory Acequia’’ means an acequia that is a signatory 

17 to the Agreement. 

18 (19) STATE.—The term ‘‘State’’ means the 

19 State of New Mexico and all officers, agents, depart20 ments, and political subdivisions of the State of New 

21 Mexico. 

22 SEC. 103. RATIFICATION OF AGREEMENT. 

23 (a) RATIFICATION.— 

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

25 title and to the extent the Agreement does not conVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S595.RS S595
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1 flict with this title, the Agreement is authorized, 

2 ratified, and confirmed. 

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

4 Agreement or any attachment to the Agreement re5 quiring the signature of the Secretary is executed in 

6 accordance with this title to make the Agreement 

7 consistent with this title, the amendment is author8 ized, ratified, and confirmed. 

9 (b) EXECUTION.— 

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

11 does not conflict with this title, the Secretary shall 

12 execute the Agreement, including all attachments to 

13 or parts of the Agreement requiring the signature of 

14 the Secretary. 

15 (2) MODIFICATIONS.—Nothing in this title pro16 hibits the Secretary, after execution of the Agree17 ment, from approving any modification to the Agree18 ment, including an attachment to the Agreement, 

19 that is consistent with this title, to the extent that 

20 the modification does not otherwise require congres21 sional approval under section 2116 of the Revised 

22 Statutes (25 U.S.C. 177) or any other applicable 

23 provision of Federal law. 

24 (c) ENVIRONMENTAL COMPLIANCE.— 

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1 (1) IN GENERAL.—In implementing the Agree2 ment and this title, the Secretary shall comply 

3 with— 

4 (A) the Endangered Species Act of 1973 

5 (16 U.S.C. 1531 et seq.); 

6 (B) the National Environmental Policy Act 

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

8 implementing regulations of that Act; and 

9 (C) all other applicable Federal environ10 mental laws and regulations. 

11 (2) COMPLIANCE.— 

12 (A) IN GENERAL.—In implementing the 

13 Agreement and this title, the Pueblos shall pre14 pare any necessary environmental documents 

15 consistent with— 

16 (i) the Endangered Species Act of 

17 1973 (16 U.S.C. 1531 et seq.); 

18 (ii) the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.), in20 cluding the implementing regulations of 

21 that Act; and 

22 (iii) all other applicable Federal envi23 ronmental laws and regulations. 

24 (B) AUTHORIZATIONS.—The Secretary 

25 shall— 

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1 (i) independently evaluate the docu2 mentation required under subparagraph 

3 (A); and 

4 (ii) be responsible for the accuracy, 

5 scope, and contents of that documentation. 

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

7 the Agreement by the Secretary under this section 

8 shall not constitute a major Federal action under 

9 the National Environmental Policy Act of 1969 (42 

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

11 (4) COSTS.—Any costs associated with the per12 formance of the compliance activities under sub13 section (c) shall be paid from funds deposited in the 

14 Pueblo Trust Funds, subject to the condition that 

15 any costs associated with the performance of Federal 

16 approval or other review of such compliance work or 

17 costs associated with inherently Federal functions 

18 shall remain the responsibility of the Secretary. 

19 SEC. 104. PUEBLO WATER RIGHTS. 

20 (a) TRUST STATUS OF THE PUEBLO WATER

21 RIGHTS.—The Pueblo Water Rights shall be held in trust 

22 by the United States on behalf of the Pueblos in accord23 ance with the Agreement and this title. 

24 (b) FORFEITURE AND ABANDONMENT.— 

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1 (1) IN GENERAL.—The Pueblo Water Rights 

2 shall not be subject to loss through non-use, for3 feiture, abandonment, or other operation of law. 

4 (2) STATE-LAW BASED WATER RIGHTS.—Pur5 suant to the Agreement, State-law based water 

6 rights acquired by a Pueblo, or by the United States 

7 on behalf of a Pueblo, after the date for inclusion in 

8 the Partial Final Judgment and Decree, shall not be 

9 subject to forfeiture, abandonment, or permanent 

10 alienation from the time they are acquired. 

11 (c) USE.—Any use of the Pueblo Water Rights shall 

12 be subject to the terms and conditions of the Agreement 

13 and this title. 

14 (d) ALLOTMENT RIGHTS NOT INCLUDED.—The 

15 Pueblo Water Rights shall not include any water uses or 

16 water rights claims on an Allotment. 

17 (e) AUTHORITY OF THE PUEBLOS.— 

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

19 authority to allocate, distribute, and lease the Pueblo 

20 Water Rights for use on Pueblo Land in accordance 

21 with the Agreement, this title, and applicable Fed22 eral law. 

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

24 allocate, distribute, and lease the Pueblo Water 

25 Rights for use off Pueblo Land in accordance with 

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1 the Agreement, this title, and applicable Federal 

2 law, subject to the approval of the Secretary. 

3 (3) ALLOTTEE WATER RIGHTS.—The Pueblos 

4 shall not object in any general stream adjudication, 

5 including the Adjudication, or any other appropriate 

6 forum, to the quantification of reasonable domestic, 

7 stock, and irrigation water uses on an Allotment, 

8 and shall administer any water use in accordance 

9 with applicable Federal law, including recognition 

10 of— 

11 (A) any water use existing on an Allotment 

12 as of the date of enactment of this Act; 

13 (B) reasonable domestic, stock, and irriga14 tion water uses on an Allotment; and 

15 (C) any Allotment water right decreed in a 

16 general stream adjudication, including the Ad17 judication, or other appropriate forum, for an 

18 Allotment. 

19 (f) ADMINISTRATION.— 

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

21 permanently alienate any portion of the Pueblo 

22 Water Rights. 

23 (2) PURCHASES OR GRANTS OF LAND FROM IN24 DIANS.—An authorization provided by this title for 

25 the allocation, distribution, leasing, or other arVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S595.RS S595
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1 rangement entered into pursuant to this title shall 

2 be considered to satisfy any requirement for author3 ization of the action required by Federal law. 

4 (3) PROHIBITION ON FORFEITURE.—The non5 use of all or any portion of the Pueblo Water Rights 

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

7 abandonment, relinquishment, or other loss of all or 

8 any portion of the Pueblo Water Rights. 

9 SEC. 105. SETTLEMENT TRUST FUNDS. 

10 (a) ESTABLISHMENT.—The Secretary shall establish 

11 2 trust funds, to be known as the ‘‘Pueblo of Acoma Set12 tlement Trust Fund’’ and the ‘‘Pueblo of Laguna Settle13 ment Trust Fund’’, and a trust fund for the benefit of 

14 both Pueblos to be known as the ‘‘Acomita Reservoir 

15 Works Trust Fund’’, to be managed, invested, and distrib16 uted by the Secretary and to remain available until ex17 pended, withdrawn, or reverted to the general fund of the 

18 Treasury, consisting of the amounts deposited in the 

19 Pueblo Trust Funds under subsection (c), together with 

20 any investment earnings, including interest, earned on 

21 those amounts, for the purpose of carrying out this title. 

22 (b) ACCOUNTS.— 

23 (1) PUEBLO OF ACOMA SETTLEMENT TRUST

24 FUND.—The Secretary shall establish in the Pueblo 

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1 of Acoma Settlement Trust Fund the following ac2 counts: 

3 (A) The Water Rights Settlement Account. 

4 (B) The Water Infrastructure Operations 

5 and Maintenance Account. 

6 (C) The Feasibility Studies Settlement Ac7 count. 

8 (2) PUEBLO OF LAGUNA SETTLEMENT TRUST

9 FUND.—The Secretary shall establish in the Pueblo 

10 of Laguna Settlement Trust Fund the following ac11 counts: 

12 (A) The Water Rights Settlement Account. 

13 (B) The Water Infrastructure Operations 

14 and Maintenance Account. 

15 (C) The Feasibility Studies Settlement Ac16 count. 

17 (c) DEPOSITS.—The Secretary shall deposit in each 

18 Pueblo Trust Fund the amounts made available pursuant 

19 to section 106(a). 

20 (d) MANAGEMENT AND INTEREST.— 

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

22 funds into the Pueblo Trust Funds under subsection 

23 (c), the Secretary shall manage, invest, and dis24 tribute all amounts in the Pueblo Trust Funds in a 

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1 manner that is consistent with the investment au2 thority of the Secretary under— 

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

4 1938 (25 U.S.C. 162a); 

5 (B) the American Indian Trust Fund Man6 agement Reform Act of 1994 (25 U.S.C. 4001 

7 et seq.); and 

8 (C) this subsection. 

9 (2) INVESTMENT EARNINGS.—In addition to 

10 the deposits made to each Pueblo Trust Fund under 

11 subsection (c), any investment earnings, including 

12 interest, earned on those amounts held in each 

13 Pueblo Trust Fund are authorized to be used in ac14 cordance with subsections (f) and (h). 

15 (e) AVAILABILITY OF AMOUNTS.— 

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

17 and deposited in, each Pueblo Trust Fund, including 

18 any investment earnings (including interest) earned 

19 on those amounts, shall be made available to the 

20 Pueblo or Pueblos by the Secretary beginning on the 

21 Enforceability Date, subject to the requirements of 

22 this section, except for those funds to be made avail23 able to the Pueblos pursuant to paragraph (2). 

24 (2) USE OF FUNDS.—Notwithstanding para25 graph (1)— 

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1 (A) amounts deposited in the Feasibility 

2 Studies Settlement Account of each Pueblo 

3 Trust Fund, including any investment earnings, 

4 including interest, earned on those amounts 

5 shall be available to the Pueblo on the date on 

6 which the amounts are deposited for uses de7 scribed in subsection (h)(3), and in accordance 

8 with the Agreement; 

9 (B) amounts deposited in the Acomita Res10 ervoir Works Trust Fund, including any invest11 ment earnings, including interest, earned on 

12 those amounts shall be available to the Pueblos 

13 on the date on which the amounts are deposited 

14 for uses described in subsection (h)(4), and in 

15 accordance with the Agreement; and 

16 (C) up to $15,000,000 from the Water 

17 Rights Settlement Account for each Pueblo 

18 shall be available on the date on which the 

19 amounts are deposited for installing, on Pueblo 

20 Lands, groundwater wells to meet immediate 

21 domestic, commercial, municipal and industrial 

22 water needs, and associated environmental, cul23 tural, and historical compliance. 

24 (f) WITHDRAWALS.— 

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1 (1) WITHDRAWALS UNDER THE AMERICAN IN2 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

3 1994.— 

4 (A) IN GENERAL.—Each Pueblo may with5 draw any portion of the amounts in its respec6 tive Settlement Trust Fund on approval by the 

7 Secretary of a Tribal management plan sub8 mitted by each Pueblo in accordance with the 

9 American Indian Trust Fund Management Re10 form Act of 1994 (25 U.S.C. 4001 et seq.). 

11 (B) REQUIREMENTS.—In addition to the 

12 requirements under the American Indian Trust 

13 Fund Management Reform Act of 1994 (25 

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

15 plan under this paragraph shall require that the 

16 appropriate Pueblo shall spend all amounts 

17 withdrawn from each Pueblo Trust Fund, and 

18 any investment earnings (including interest) 

19 earned on those amounts through the invest20 ments under the Tribal management plan, in 

21 accordance with this title. 

22 (C) ENFORCEMENT.—The Secretary may 

23 carry out such judicial and administrative ac24 tions as the Secretary determines to be nec25 essary to enforce the Tribal management plan 

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1 under this paragraph to ensure that amounts 

2 withdrawn by each Pueblo from the Pueblo 

3 Trust Funds under subparagraph (A) are used 

4 in accordance with this title. 

5 (2) WITHDRAWALS UNDER EXPENDITURE

6 PLAN.— 

7 (A) IN GENERAL.—Each Pueblo may sub8 mit to the Secretary a request to withdraw 

9 funds from the Pueblo Trust Fund of the Pueb10 lo pursuant to an approved expenditure plan. 

11 (B) REQUIREMENTS.—To be eligible to 

12 withdraw amounts under an expenditure plan 

13 under subparagraph (A), the appropriate Pueb14 lo shall submit to the Secretary an expenditure 

15 plan for any portion of the Pueblo Trust Fund 

16 that the Pueblo elects to withdraw pursuant to 

17 that subparagraph, subject to the condition that 

18 the amounts shall be used for the purposes de19 scribed in this title. 

20 (C) INCLUSIONS.—An expenditure plan 

21 under this paragraph shall include a description 

22 of the manner and purpose for which the 

23 amounts proposed to be withdrawn from the 

24 Pueblo Trust Fund will be used by the Pueblo, 

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1 in accordance with this subsection and sub2 section (h). 

3 (D) APPROVAL.—The Secretary shall ap4 prove an expenditure plan submitted under sub5 paragraph (A) if the Secretary determines that 

6 the plan— 

7 (i) is reasonable; and 

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

9 for, the purposes of this title. 

10 (E) ENFORCEMENT.—The Secretary may 

11 carry out such judicial and administrative ac12 tions as the Secretary determines to be nec13 essary to enforce an expenditure plan to ensure 

14 that amounts disbursed under this paragraph 

15 are used in accordance with this title. 

16 (3) WITHDRAWALS FROM ACOMITA RESERVOIR

17 WORKS TRUST FUND.— 

18 (A) IN GENERAL.—A Pueblo may submit 

19 to the Secretary a request to withdraw funds 

20 from the Acomita Reservoir Works Trust Fund 

21 pursuant to an approved joint expenditure plan. 

22 (B) REQUIREMENTS.— 

23 (i) IN GENERAL.—To be eligible to 

24 withdraw amounts under a joint expendi25 ture plan under subparagraph (A), the 

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1 Pueblos shall submit to the Secretary a 

2 joint expenditure plan for any portion of 

3 the Acomita Reservoir Works Trust Fund 

4 that the Pueblos elect to withdraw pursu5 ant to this subparagraph, subject to the 

6 condition that the amounts shall be used 

7 for the purposes described in subsection 

8 (h)(4). 

9 (ii) WRITTEN RESOLUTION.—Each re10 quest to withdraw amounts under a joint 

11 expenditure plan submitted under clause 

12 (i) shall be accompanied by a written reso13 lution from the Tribal councils of both 

14 Pueblos approving the requested use and 

15 disbursement of funds. 

16 (C) INCLUSIONS.—A joint expenditure 

17 plan under this paragraph shall include a de18 scription of the manner and purpose for which 

19 the amounts proposed to be withdrawn from the 

20 Acomita Reservoir Works Trust Fund will be 

21 used by the Pueblo or Pueblos to whom the 

22 funds will be disbursed, in accordance with sub23 section (h)(4). 

24 (D) APPROVAL.—The Secretary shall ap25 prove a joint expenditure plan submitted under 

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1 subparagraph (A) if the Secretary determines 

2 that the plan— 

3 (i) is reasonable; and 

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

5 for, the purposes of this title. 

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 a joint expenditure plan to en10 sure that amounts disbursed under this para11 graph are used in accordance with this title. 

12 (g) 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 (f) or an expenditure plan under paragraph (2) 

17 or (3) of that subsection, except under subchapter II of 

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

19 of title 5, United States Code (commonly known as the 

20 ‘‘Administrative Procedure Act’’). 

21 (h) USES.— 

22 (1) WATER RIGHTS SETTLEMENT ACCOUNT.— 

23 The Water Rights Settlement Account for each 

24 Pueblo may only be used for the following purposes: 

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1 (A) Acquiring water rights or water sup2 ply. 

3 (B) Planning, permitting, designing, engi4 neering, constructing, reconstructing, replacing, 

5 rehabilitating, operating, or repairing water 

6 production, treatment, or delivery infrastruc7 ture, including for domestic and municipal use, 

8 on-farm improvements, or wastewater infra9 structure. 

10 (C) Pueblo Water Rights management and 

11 administration. 

12 (D) Watershed protection and enhance13 ment, support of agriculture, water-related 

14 Pueblo community welfare and economic devel15 opment, and costs relating to implementation of 

16 the Agreement. 

17 (E) Environmental compliance in the de18 velopment and construction of infrastructure 

19 under this title. 

20 (2) WATER INFRASTRUCTURE OPERATIONS AND

21 MAINTENANCE TRUST ACCOUNT.—The Water Infra22 structure Operations and Maintenance Account for 

23 each Pueblo may only be used to pay costs for oper24 ation and maintenance of water infrastructure to 

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1 serve Pueblo domestic, commercial, municipal, and 

2 industrial water uses from any water source. 

3 (3) FEASIBILITY STUDIES SETTLEMENT AC4 COUNT.—The Feasibility Studies Settlement Ac5 count for each Pueblo may only be used to pay costs 

6 for feasibility studies of water supply infrastructure 

7 to serve Pueblo domestic, commercial, municipal, 

8 and industrial water uses from any water source. 

9 (4) ACOMITA RESERVOIR WORKS TRUST

10 FUND.—The Acomita Reservoir Works Trust Fund 

11 may only be used for planning, permitting, design12 ing, engineering, constructing, reconstructing, re13 placing, rehabilitating, maintaining, or repairing 

14 Acomita reservoir, its dam, inlet works, outlet works, 

15 and the North Acomita Ditch from the Acomita Res16 ervoir outlet on the Pueblo of Acoma through its ter17 minus on the Pueblo of Laguna. 

18 (i) LIABILITY.—The Secretary and the Secretary of 

19 the Treasury shall not be liable for the expenditure or in20 vestment of any amounts withdrawn from the Pueblo 

21 Trust Funds by a Pueblo under paragraph (1), (2), or 

22 (3) of subsection (f). 

23 (j) EXPENDITURE REPORTS.—Each Pueblo shall an24 nually submit to the Secretary an expenditure report de25 scribing accomplishments and amounts spent from use of 

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1 withdrawals under a Tribal management plan or an ex2 penditure plan under paragraph (1), (2), or (3) of sub3 section (f), as applicable. 

4 (k) NO PER CAPITA DISTRIBUTIONS.—No portion of 

5 the Pueblo Trust Funds shall be distributed on a per cap6 ita basis to any member of a Pueblo. 

7 (l) TITLE TO INFRASTRUCTURE.—Title to, control 

8 over, and operation of any project constructed using funds 

9 from the Pueblo Trust Funds shall remain in the appro10 priate Pueblo or Pueblos. 

11 (m) OPERATION, MAINTENANCE, AND REPLACE12 MENT.—All operation, maintenance, and replacement 

13 costs of any project constructed using funds from the 

14 Pueblo Trust Funds shall be the responsibility of the ap15 propriate Pueblo or Pueblos. 

16 SEC. 106. FUNDING. 

17 (a) MANDATORY APPROPRIATIONS.—Out of any 

18 money in the Treasury not otherwise appropriated, the 

19 Secretary of the Treasury shall transfer to the Secretary 

20 the following amounts for the following accounts: 

21 (1) PUEBLO OF ACOMA SETTLEMENT TRUST

22 FUND.— 

23 (A) THE WATER RIGHTS SETTLEMENT AC24 COUNT.—$296,000,000, to remain available 

27 

•S 595 RS

1 until expended, withdrawn, or reverted to the 

2 general fund of the Treasury. 

3 (B) THE WATER INFRASTRUCTURE OPER4 ATIONS AND MAINTENANCE ACCOUNT.— 

5 $14,000,000, to remain available until ex6 pended, withdrawn, or reverted to the general 

7 fund of the Treasury. 

8 (C) THE FEASIBILITY STUDIES SETTLE9 MENT ACCOUNT.—$1,750,000, to remain avail10 able until expended, withdrawn, or reverted to 

11 the general fund of the Treasury. 

12 (2) PUEBLO OF LAGUNA SETTLEMENT TRUST

13 FUND.— 

14 (A) THE WATER RIGHTS SETTLEMENT AC15 COUNT.—$464,000,000, to remain available 

16 until expended, withdrawn, or reverted to the 

17 general fund of the Treasury. 

18 (B) THE WATER INFRASTRUCTURE OPER19 ATIONS AND MAINTENANCE ACCOUNT.— 

20 $26,000,000, to remain available until ex21 pended, withdrawn, or reverted to the general 

22 fund of the Treasury. 

23 (C) THE FEASIBILITY STUDIES SETTLE24 MENT ACCOUNT.—$3,250,000, to remain availVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S595.RS S595
28 

•S 595 RS

1 able until expended, withdrawn, or reverted to 

2 the general fund of the Treasury. 

3 (3) ACOMITA RESERVOIR WORKS TRUST

4 FUND.—$45,000,000, to remain available until ex5 pended, withdrawn, or reverted to the general fund 

6 of the Treasury. 

7 (b) FLUCTUATIONS IN COSTS.— 

8 (1) IN GENERAL.—The amounts appropriated 

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

10 as appropriate, by such amounts as may be justified 

11 by reason of ordinary fluctuations in costs, as indi12 cated by the Bureau of Reclamation Construction 

13 Cost Index–Composite Trend. 

14 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

15 amounts appropriated under subsection (a) shall be 

16 adjusted to address construction cost changes nec17 essary to account for unforeseen market volatility 

18 that may not otherwise be captured by engineering 

19 cost indices, as determined by the Secretary, includ20 ing repricing applicable to the types of construction 

21 and current industry standards involved. 

22 (3) REPETITION.—The adjustment process 

23 under this subsection shall be repeated for each sub24 sequent amount appropriated until the applicable 

25 amount, as adjusted, has been appropriated. 

29 

•S 595 RS

1 (4) PERIOD OF INDEXING.—The period of in2 dexing and adjustment under this subsection for any 

3 increment of funding shall start on October 1, 2021, 

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

6 (c) STATE COST SHARE.—Pursuant to the Agree7 ment, the State shall contribute— 

8 (1) $23,500,000, as adjusted for inflation pur9 suant to the Agreement, for the Joint Grants-Milan 

10 Project for Water Re-Use, Water Conservation and 

11 Augmentation of the Rio San Jose ́, the Village of 

12 Milan Projects Fund, and the City of Grants 

13 Projects Fund; 

14 (2) $12,000,000, as adjusted for the inflation 

15 pursuant to the Agreement, for Signatory Acequias 

16 Projects and Offset Projects Fund for the Associa17 tion of Community Ditches of the Rio San Jose ́; and 

18 (3) $500,000, as adjusted for inflation pursu19 ant to the Agreement, to mitigate impairment to 

20 non-Pueblo domestic and livestock groundwater 

21 rights as a result of new Pueblo water use. 

22 SEC. 107. ENFORCEABILITY DATE. 

23 The Enforceability Date shall be the date on which 

24 the Secretary publishes in the Federal Register a state25 ment of findings that— 

30 

•S 595 RS

1 (1) to the extent that the Agreement conflicts 

2 with this title, the Agreement has been amended to 

3 conform with this title; 

4 (2) the Agreement, as amended, has been exe5 cuted by all parties to the Agreement, including the 

6 United States; 

7 (3) all of the amounts appropriated under sec8 tion 106 have been appropriated and deposited in 

9 the designated accounts of the Pueblo Trust Fund; 

10 (4) the State has— 

11 (A) provided the funding under section 

12 106(c)(3) into appropriate funding accounts; 

13 (B) provided the funding under paragraphs 

14 (1) and (2) of section 106(c) into appropriate 

15 funding accounts or entered into funding agree16 ments with the intended beneficiaries for fund17 ing under those paragraphs of that section; and 

18 (C) enacted legislation to amend State law 

19 to provide that a Pueblo Water Right may be 

20 leased for a term not to exceed 99 years, in21 cluding renewals; 

22 (5) the Decree Court has approved the Agree23 ment and has entered a Partial Final Judgment and 

24 Decree; and 

31 

•S 595 RS

1 (6) the waivers and releases under section 108 

2 have been executed by the Pueblos and the Sec3 retary. 

4 SEC. 108. WAIVERS AND RELEASES OF CLAIMS. 

5 (a) WAIVERS AND RELEASES OF CLAIMS BY PUEB6 LOS AND THE UNITED STATES AS TRUSTEE FOR PUEB7 LOS.—Subject to the reservation of rights and retention 

8 of claims under subsection (d), as consideration for rec9 ognition of the Pueblo Water Rights and other benefits 

10 described in the Agreement and this title, the Pueblos and 

11 the United States, acting as trustee for the Pueblos, shall 

12 execute a waiver and release of all claims for— 

13 (1) water rights within the Rio San Jose ́

14 Stream System that the Pueblos, or the United 

15 States acting as trustee for the Pueblos, asserted or 

16 could have asserted in any proceeding, including the 

17 Adjudication, on or before the Enforceability Date, 

18 except to the extent that such rights are recognized 

19 in the Agreement and this title; and 

20 (2) damages, losses, or injuries to water rights 

21 or claims of interference with, diversion of, or taking 

22 of water rights (including claims for injury to land 

23 resulting from such damages, losses, injuries, inter24 ference with, diversion, or taking of water rights) in 

25 waters in the Rio San Jose ́ Stream System against 

32 

•S 595 RS

1 any party to the Agreement, including the members 

2 and parciantes of Signatory Acequias, that accrued 

3 at any time up to and including the Enforceability 

4 Date. 

5 (b) WAIVERS AND RELEASES OF CLAIMS BY PUEB6 LOS AGAINST UNITED STATES.—Subject to the reserva7 tion of rights and retention of claims under subsection (d), 

8 the Pueblos shall execute a waiver and release of all claims 

9 against the United States (including any agency or em10 ployee of the United States) first arising before the En11 forceability Date relating to— 

12 (1) water rights within the Rio San Jose ́

13 Stream System that the United States, acting as 

14 trustee for the Pueblos, asserted or could have as15 serted in any proceeding, including the Adjudication, 

16 except to the extent that such rights are recognized 

17 as part of the Pueblo Water Rights under this title; 

18 (2) foregone benefits from non-Pueblo use of 

19 water, on and off Pueblo Land (including water 

20 from all sources and for all uses), within the Rio 

21 San Jose ́ Stream System; 

22 (3) damage, loss, or injury to water, water 

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

24 water or water rights (including damages, losses, or 

25 injuries to hunting, fishing, gathering, or cultural 

33 

•S 595 RS

1 rights due to loss of water or water rights, claims 

2 relating to interference with, diversion of, or taking 

3 of water, or claims relating to a failure to protect, 

4 acquire, replace, or develop water, water rights, or 

5 water infrastructure) within the Rio San Jose ́

6 Stream System; 

7 (4) a failure to provide operation, maintenance, 

8 or deferred maintenance for any irrigation system or 

9 irrigation project within the Rio San Jose ́ Stream 

10 System; 

11 (5) a failure to establish or provide a municipal, 

12 rural, or industrial water delivery system on Pueblo 

13 Land within the Rio San Jose ́ Stream System; 

14 (6) damage, loss, or injury to water, water 

15 rights, land, or natural resources due to construc16 tion, operation, and management of irrigation 

17 projects on Pueblo Land (including damages, losses, 

18 or injuries to fish habitat, wildlife, and wildlife habi19 tat) within the Rio San Jose ́ Stream System; 

20 (7) a failure to provide a dam safety improve21 ment to a dam on Pueblo Land within the Rio San 

22 Jose ́ Stream System; 

23 (8) the litigation of claims relating to any water 

24 right of the Pueblos within the Rio San Jose ́ Stream 

25 System; and 

34 

•S 595 RS

1 (9) the negotiation, execution, or adoption of 

2 the Agreement (including attachments) and this 

3 title. 

4 (c) EFFECTIVE DATE.—The waivers and releases de5 scribed in subsections (a) and (b) shall take effect on the 

6 Enforceability Date. 

7 (d) RESERVATION OF RIGHTS AND RETENTION OF

8 CLAIMS.—Notwithstanding the waivers and releases under 

9 subsections (a) and (b), the Pueblos and the United 

10 States, acting as trustee for the Pueblos, shall retain all 

11 claims relating to— 

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

13 the Enforceability Date relating to, water rights rec14 ognized under the Agreement, this title, or the Par15 tial Final Judgment and Decree entered in the Ad16 judication; 

17 (2) activities affecting the quality of water and 

18 the environment, including claims under— 

19 (A) the Comprehensive Environmental Re20 sponse, Compensation and Liability Act of 1980 

21 (42 U.S.C. 9601 et seq.), including claims for 

22 damages to natural resources; 

23 (B) the Safe Drinking Water Act (42 

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

35 

•S 595 RS

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 claims for water rights, and claims for 

13 injury to water rights, in basins other than the Rio 

14 San Jose ́ Stream System, subject to article 8.5 of 

15 the Agreement with respect to the claims of the 

16 Pueblo of Laguna for water rights in the Rio Puerco 

17 Basin and the claims of the Pueblo of Acoma for 

18 water rights in the Rio Salado Basin; 

19 (6) all claims relating to the Jackpile-Paguate 

20 Uranium Mine in the State that are not due to loss 

21 of water or water rights; and 

22 (7) all rights, remedies, privileges, immunities, 

23 powers, and claims not specifically waived and re24 leased pursuant to this title or the Agreement. 

36 

•S 595 RS

1 (e) EFFECT OF AGREEMENT AND TITLE.—Nothing 

2 in the Agreement or this title— 

3 (1) reduces or extends the sovereignty (includ4 ing civil and criminal jurisdiction) of any govern5 ment entity, except as provided in section 110; 

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

7 a sovereign, to carry out any activity authorized by 

8 law, including— 

9 (A) the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9601 et seq.); 

12 (B) the Safe Drinking Water Act (42 

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

14 (C) the Federal Water Pollution Control 

15 Act (33 U.S.C. 1251 et seq.) (commonly re16 ferred to as the ‘‘Clean Water Act’’); 

17 (D) the Solid Waste Disposal Act (42 

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

19 (E) any regulations implementing the Acts 

20 described in subparagraphs (A) through (D); 

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

22 act as trustee for the Pueblos (consistent with this 

23 title), any other pueblo or Indian Tribe, or an Allot24 tee of any Indian Tribe; 

25 (4) confers jurisdiction on any State court— 

37 

•S 595 RS

1 (A) to interpret Federal law relating to 

2 health, safety, or the environment; 

3 (B) to determine the duties of the United 

4 States or any other party under Federal law re5 garding health, safety, or the environment; or 

6 (C) to conduct judicial review of any Fed7 eral agency action; or 

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

9 in an individual capacity that does not derive from 

10 a right of the Pueblos. 

11 (f) TOLLING OF CLAIMS.— 

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

13 limitation and time-based equitable defense relating 

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

15 the period beginning on the date of enactment of 

16 this Act and ending on the Enforceability Date. 

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

18 subsection revives any claim or tolls any period of 

19 limitation or time-based equitable defense that ex20 pired before the date of enactment of this Act. 

21 (3) LIMITATION.—Nothing in this section pre22 cludes the tolling of any period of limitation or any 

23 time-based equitable defense under any other appli24 cable law. 

25 (g) EXPIRATION.— 

38 

•S 595 RS

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

2 case in which the Secretary fails to publish a state3 ment of findings under section 107 by not later 

4 than— 

5 (A) July 1, 2030; or 

6 (B) such alternative later date as is agreed 

7 to by the Pueblos and the Secretary, after pro8 viding reasonable notice to the State. 

9 (2) CONSEQUENCES.—If this title expires under 

10 paragraph (1)— 

11 (A) the waivers and releases under sub12 sections (a) and (b) shall— 

13 (i) expire; and 

14 (ii) have no further force or effect; 

15 (B) the authorization, ratification, con16 firmation, and execution of the Agreement 

17 under section 103 shall no longer be effective; 

18 (C) any action carried out by the Sec19 retary, and any contract or agreement entered 

20 into, pursuant to this title shall be void; 

21 (D) any unexpended Federal funds appro22 priated or made available to carry out the ac23 tivities authorized by this title, together with 

24 any interest earned on those funds, and any 

25 water rights or contracts to use water and title 

39 

•S 595 RS

1 to other property acquired or constructed with 

2 Federal funds appropriated or made available 

3 to carry out the activities authorized by this 

4 title, shall be returned to the Federal Govern5 ment, unless otherwise agreed to by the Pueblos 

6 and the United States and approved by Con7 gress; and 

8 (E) except for Federal funds used to ac9 quire or construct property that is returned to 

10 the Federal Government under subparagraph 

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

12 any Federal funds made available to carry out 

13 this title that were expended or withdrawn, or 

14 any funds made available to carry out this title 

15 from other Federal authorized sources, together 

16 with any interest accrued on those funds, 

17 against any claims against the United States— 

18 (i) relating to— 

19 (I) water rights in the State as20 serted by— 

21 (aa) the Pueblos; or 

22 (bb) any user of the Pueblo 

23 Water Rights; or 

24 (II) any other matter covered by 

25 subsection (b); or 

40 

•S 595 RS

1 (ii) in any future settlement of water 

2 rights of the Pueblos. 

3 SEC. 109. SATISFACTION OF CLAIMS. 

4 The benefits provided under this title shall be in com5 plete replacement of, complete substitution for, and full 

6 satisfaction of any claim of the Pueblos against the United 

7 States that are waived and released by the Pueblos pursu8 ant to section 108(b). 

9 SEC. 110. CONSENT OF UNITED STATES TO JURISDICTION 

10 FOR JUDICIAL REVIEW OF A PUEBLO WATER 

11 RIGHT PERMIT DECISION. 

12 (a) CONSENT.—On the Enforceability Date, the con13 sent of the United States is hereby given, with the consent 

14 of each Pueblo under article 11.5 of the Agreement, to 

15 jurisdiction in the District Court for the Thirteenth Judi16 cial District of the State of New Mexico, and in the New 

17 Mexico Court of Appeals and the New Mexico Supreme 

18 Court on appeal therefrom in the same manner as pro19 vided under New Mexico law, over an action filed in such 

20 District Court by any party to a Pueblo Water Rights Per21 mit administrative proceeding under article 11.4 of the 

22 Agreement for the limited and sole purpose of judicial re23 view of a Pueblo Water Right Permit decision under arti24 cle 11.5 of the Agreement. 

41 

•S 595 RS

1 (b) LIMITATION.—The consent of the United States 

2 under this title is limited to judicial review, based on the 

3 record developed through the administrative process of the 

4 Pueblo, under a standard of judicial review limited to de5 termining whether the Pueblo decision on the application 

6 for Pueblo Water Right Permit— 

7 (1) is supported by substantial evidence; 

8 (2) is not arbitrary, capricious, or contrary to 

9 law; 

10 (3) is not in accordance with this Agreement or 

11 the Partial Final Judgment and Decree; or 

12 (4) shows that the Pueblo acted fraudulently or 

13 outside the scope of its authority. 

14 (c) PUEBLO WATER CODE AND INTERPRETATION.— 

15 (1) IN GENERAL.—Pueblo Water Code or Pueb16 lo Water Law provisions that meet the requirements 

17 of article 11 of the Agreement shall be given full 

18 faith and credit in any proceeding described in this 

19 section. 

20 (2) PROVISIONS OF THE PUEBLO WATER

21 CODE.—To the extent that a State court conducting 

22 judicial review under this section must interpret pro23 visions of Pueblo law that are not express provisions 

24 of the Pueblo Water Code, the State court shall cerVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S595.RS S595
42 

•S 595 RS

1 tify the question of interpretation to the Pueblo 

2 court. 

3 (3) NO CERTIFICATION.—Any issues of inter4 pretation of standards in article 11.6 of the Agree5 ment are not subject to certification. 

6 (4) LIMITATION.—Nothing in this section limits 

7 the jurisdiction of the Decree Court to interpret and 

8 enforce the Agreement. 

9 SEC. 111. MISCELLANEOUS PROVISIONS. 

10 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

11 UNITED STATES.—Nothing in this title waives the sov12 ereign immunity of the United States. 

13 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

14 Nothing in this title quantifies or diminishes any land or 

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

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

17 Pueblos. 

18 (c) ALLOTTEES NOT ADVERSELY AFFECTED.— 

19 Nothing in this title quantifies or diminishes any water 

20 right, or any claim or entitlement to water, of an Allottee. 

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

22 title affects any provision of law (including regulations) 

23 in effect on the day before the date of enactment of this 

24 Act with respect to pre-enforcement review of any Federal 

25 environmental enforcement action. 

43 

•S 595 RS

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

2 Agreement and this title, this title shall control. 

3 SEC. 112. ANTIDEFICIENCY. 

4 The United States shall not be liable for any failure 

5 to carry out any obligation or activity authorized by this 

6 title, 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 title. 

9 TITLE II—PUEBLOS OF JEMEZ 

10 AND ZIA WATER RIGHTS SET11 TLEMENT 

12 SEC. 201. PURPOSES. 

13 The purposes of this title are— 

14 (1) to achieve a fair, equitable, and final settle15 ment of all claims to water rights in the Jemez 

16 River Stream System in the State of New Mexico 

17 for— 

18 (A) the Pueblo of Jemez; 

19 (B) the Pueblo of Zia; and 

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

21 the Pueblos of Jemez and Zia; 

22 (2) to authorize, ratify, and confirm the Agree23 ment entered into by the Pueblos, the State, and 

24 various other parties to the extent that the Agree25 ment is consistent with this title; 

44 

•S 595 RS

1 (3) to authorize and direct the Secretary— 

2 (A) to execute the Agreement; and 

3 (B) to take any other actions necessary to 

4 carry out the Agreement in accordance with 

5 this title; and 

6 (4) to authorize funds necessary for the imple7 mentation of the Agreement and this title. 

8 SEC. 202. DEFINITIONS. 

9 In this title: 

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

11 means the adjudication of water rights pending be12 fore the United States District Court for the Dis13 trict of New Mexico: United States of America, on 

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

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

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

17 Jemez, Santa Ana, and Zia, Plaintiffs-in-Interven18 tion v. Tom Abousleman, et al., Defendants, Civil 

19 No. 83–cv–01041 (KR). 

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

21 means— 

22 (A) the document entitled ‘‘Pueblos of 

23 Jemez and Zia Water Rights Settlement Agree24 ment’’ and dated May 11, 2022, and the appen25 dices and exhibits attached thereto; and 

45 

•S 595 RS

1 (B) any amendment to the document re2 ferred to in subparagraph (A) (including an 

3 amendment to an appendix or exhibit) that is 

4 executed to ensure that the Agreement is con5 sistent with this title. 

6 (3) ENFORCEABILITY DATE.—The term ‘‘En7 forceability Date’’ means the date described in sec8 tion 207. 

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

10 ‘‘Jemez River Stream System’’ means the geo11 graphic extent of the area involved in the Adjudica12 tion. 

13 (5) PARTIAL FINAL JUDGMENT AND DECREE.— 

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

15 means a final or interlocutory partial final judgment 

16 and decree entered by the United States District 

17 Court for the District of New Mexico with respect 

18 to the water rights of the Pueblos— 

19 (A) that is substantially in the form de20 scribed in the Agreement, as amended to ensure 

21 consistency with this title; and 

22 (B) from which no further appeal may be 

23 taken. 

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

25 of— 

46 

•S 595 RS

1 (A) the Pueblo of Jemez; or 

2 (B) the Pueblo of Zia. 

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

4 means any real property that is— 

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

6 a Pueblo within the Jemez River Stream Sys7 tem; 

8 (B) owned by a Pueblo within the Jemez 

9 River Stream System before the date on which 

10 a court approves the Agreement; or 

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

12 date on which a court approves the Agreement 

13 if the real property— 

14 (i) is located within the exterior 

15 boundaries of the Pueblo, as recognized 

16 and confirmed by a patent issued under 

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

18 374, chapter V); 

19 (ii) is located within the exterior 

20 boundaries of any territory set aside for a 

21 Pueblo by law, executive order, or court 

22 decree; 

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

24 the United States in trust for the benefit 

25 of a Pueblo outside the Jemez River 

47 

•S 595 RS

1 Stream System that is located within the 

2 exterior boundaries of the Pueblo, as rec3 ognized and confirmed by a patent issued 

4 under the Act of December 22, 1858 (11 

5 Stat. 374, chapter V); or 

6 (iv) is located within the exterior 

7 boundaries of any real property located 

8 outside the Jemez River Stream System 

9 set aside for a Pueblo by law, executive 

10 order, or court decree if the land is within 

11 or contiguous to land held by the United 

12 States in trust for the Pueblo as of June 

13 1, 2022. 

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

15 Trust Fund’’ means— 

16 (A) the Pueblo of Jemez Settlement Trust 

17 Fund established under section 205(a); and 

18 (B) the Pueblo of Zia Settlement Trust 

19 Fund established under that section. 

20 (9) PUEBLO WATER RIGHTS.—The term ‘‘Pueb21 lo Water Rights’’ means the respective water rights 

22 of the Pueblos— 

23 (A) as identified in the Agreement and sec24 tion 204; and 

48 

•S 595 RS

1 (B) as confirmed in the Partial Final 

2 Judgment and Decree. 

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

4 (A) the Pueblo of Jemez; and 

5 (B) the Pueblo of Zia. 

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

7 means the Secretary of the Interior. 

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

9 State of New Mexico and all officers, agents, depart10 ments, and political subdivisions of the State of New 

11 Mexico. 

12 SEC. 203. RATIFICATION OF AGREEMENT. 

13 (a) RATIFICATION.— 

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

15 title and to the extent that the Agreement does not 

16 conflict with this title, the Agreement is authorized, 

17 ratified, and confirmed. 

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

19 Agreement, or to any appendix or exhibit attached 

20 to the Agreement requiring the signature of the Sec21 retary, is executed in accordance with this title to 

22 make the Agreement consistent with this title, the 

23 amendment is authorized, ratified, and confirmed. 

24 (b) EXECUTION.— 

49 

•S 595 RS

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

2 does not conflict with this title, the Secretary shall 

3 execute the Agreement, including all appendices or 

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

5 signature of the Secretary. 

6 (2) MODIFICATIONS.—Nothing in this title pro7 hibits the Secretary, after execution of the Agree8 ment, from approving any modification to the Agree9 ment, including an appendix or exhibit to the Agree10 ment, that is consistent with this title, to the extent 

11 that the modification does not otherwise require con12 gressional approval under section 2116 of the Re13 vised Statutes (25 U.S.C. 177) or any other applica14 ble provision of Federal law. 

15 (c) ENVIRONMENTAL COMPLIANCE.— 

16 (1) IN GENERAL.—In implementing the Agree17 ment and this title, the Secretary shall comply 

18 with— 

19 (A) the Endangered Species Act of 1973 

20 (16 U.S.C. 1531 et seq.); 

21 (B) the National Environmental Policy Act 

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

23 implementing regulations of that Act; and 

24 (C) all other applicable Federal environ25 mental laws and regulations. 

50 

•S 595 RS

1 (2) COMPLIANCE.— 

2 (A) IN GENERAL.—In implementing the 

3 Agreement and this title, the Pueblos shall pre4 pare any necessary environmental documents, 

5 consistent with— 

6 (i) the Endangered Species Act of 

7 1973 (16 U.S.C. 1531 et seq.); 

8 (ii) the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.), in10 cluding the implementing regulations of 

11 that Act; and 

12 (iii) all other applicable Federal envi13 ronmental laws and regulations. 

14 (B) AUTHORIZATIONS.—The Secretary 

15 shall— 

16 (i) independently evaluate the docu17 mentation required under subparagraph 

18 (A); and 

19 (ii) be responsible for the accuracy, 

20 scope, and contents of that documentation. 

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

22 the Agreement by the Secretary under this section 

23 shall not constitute a major Federal action under 

24 the National Environmental Policy Act of 1969 (42 

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

51 

•S 595 RS

1 (4) COSTS.—Any costs associated with the per2 formance of the compliance activities under this sub3 section shall be paid from funds deposited in the 

4 Pueblo Trust Funds, subject to the condition that 

5 any costs associated with the performance of Federal 

6 approval or other review of such compliance work or 

7 costs associated with inherently Federal functions 

8 shall remain the responsibility of the Secretary. 

9 SEC. 204. PUEBLO WATER RIGHTS. 

10 (a) TRUST STATUS OF THE PUEBLO WATER

11 RIGHTS.—The Pueblo Water Rights shall be held in trust 

12 by the United States on behalf of the Pueblos in accord13 ance with the Agreement and this title. 

14 (b) FORFEITURE AND ABANDONMENT.— 

15 (1) IN GENERAL.—The Pueblo Water Rights 

16 shall not be subject to loss through non-use, for17 feiture, abandonment, or other operation of law. 

18 (2) STATE-LAW BASED WATER RIGHTS.—State19 law based water rights acquired by a Pueblo, or by 

20 the United States on behalf of a Pueblo, after the 

21 date for inclusion in the Partial Final Judgment and 

22 Decree, shall not be subject to forfeiture, abandon23 ment, or permanent alienation from the time they 

24 are acquired. 

52 

•S 595 RS

1 (c) USE.—Any use of the Pueblo Water Rights shall 

2 be subject to the terms and conditions of the Agreement 

3 and this title. 

4 (d) AUTHORITY OF THE PUEBLOS.— 

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

6 authority to allocate, distribute, and lease the Pueblo 

7 Water Rights for use on Pueblo Land in accordance 

8 with the Agreement, this title, and applicable Fed9 eral law. 

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

11 allocate, distribute, and lease the Pueblo Water 

12 Rights for use off Pueblo Land in accordance with 

13 the Agreement, this title, and applicable Federal 

14 law, subject to the approval of the Secretary. 

15 (e) ADMINISTRATION.— 

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

17 permanently alienate any portion of the Pueblo 

18 Water Rights. 

19 (2) PURCHASES OR GRANTS OF LAND FROM IN20 DIANS.—An authorization provided by this title for 

21 the allocation, distribution, leasing, or other ar22 rangement entered into pursuant to this title shall 

23 be considered to satisfy any requirement for author24 ization of the action required by Federal law. 

53 

•S 595 RS

1 (3) PROHIBITION ON FORFEITURE.—The non2 use of all or any portion of the Pueblo Water Rights 

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

4 abandonment, relinquishment, or other loss of all or 

5 any portion of the Pueblo Water Rights. 

6 SEC. 205. SETTLEMENT TRUST FUNDS. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 2 trust funds, to be known as the ‘‘Pueblo of Jemez Settle9 ment Trust Fund’’ and the ‘‘Pueblo of Zia Settlement 

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

11 the Secretary and to remain available until expended, 

12 withdrawn, or reverted to the general fund of the Treas13 ury, consisting of the amounts deposited in the Pueblo 

14 Trust Funds under subsection (b), together with any in15 vestment earnings, including interest, earned on those 

16 amounts for the purpose of carrying out this title. 

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

18 Pueblo Trust Fund the amounts made available pursuant 

19 to section 206(a). 

20 (c) MANAGEMENT AND INTEREST.— 

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

22 funds into the Pueblo Trust Funds under subsection 

23 (b), the Secretary shall manage, invest, and dis24 tribute all amounts in the Pueblo Trust Funds in a 

54 

•S 595 RS

1 manner that is consistent with the investment au2 thority of the Secretary under— 

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

4 1938 (25 U.S.C. 162a); 

5 (B) the American Indian Trust Fund Man6 agement Reform Act of 1994 (25 U.S.C. 4001 

7 et seq.); and 

8 (C) this subsection. 

9 (2) INVESTMENT EARNINGS.—In addition to 

10 the deposits made to each Pueblo Trust Fund under 

11 subsection (b), any investment earnings, including 

12 interest, earned on those amounts held in each 

13 Pueblo Trust Fund are authorized to be used in ac14 cordance with subsections (e) and (g). 

15 (d) AVAILABILITY OF AMOUNTS.— 

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

17 and deposited in, each Pueblo Trust Fund, including 

18 any investment earnings (including interest) earned 

19 on those amounts, shall be made available to each 

20 Pueblo by the Secretary beginning on the Enforce21 ability Date, subject to the requirements of this sec22 tion, except for funds to be made available to the 

23 Pueblos pursuant to paragraph (2). 

24 (2) USE OF FUNDS.—Notwithstanding para25 graph (1), $25,000,000 of the amounts deposited in 

55 

•S 595 RS

1 each Pueblo Trust Fund shall be available to the ap2 propriate Pueblo for— 

3 (A) developing economic water develop4 ment plans; 

5 (B) preparing environmental compliance 

6 documents; 

7 (C) preparing water project engineering 

8 designs; 

9 (D) establishing and operating a water re10 source department; 

11 (E) installing supplemental irrigation 

12 groundwater wells; and 

13 (F) developing water measurement and re14 porting water use plans. 

15 (e) WITHDRAWALS.— 

16 (1) WITHDRAWALS UNDER THE AMERICAN IN17 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

18 1994.— 

19 (A) IN GENERAL.—Each Pueblo may with20 draw any portion of the amounts in the Pueblo 

21 Trust Fund on approval by the Secretary of a 

22 Tribal management plan submitted by the 

23 Pueblo in accordance with the American Indian 

24 Trust Fund Management Reform Act of 1994 

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

56 

•S 595 RS

1 (B) REQUIREMENTS.—In addition to the 

2 requirements under the American Indian Trust 

3 Fund Management Reform Act of 1994 (25 

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

5 plan under this paragraph shall require that the 

6 appropriate Pueblo shall spend all amounts 

7 withdrawn from each Pueblo Trust Fund, and 

8 any investment earnings (including interest) 

9 earned on those amounts through the invest10 ments under the Tribal management plan, in 

11 accordance with this title. 

12 (C) ENFORCEMENT.—The Secretary may 

13 carry out such judicial and administrative ac14 tions as the Secretary determines to be nec15 essary to enforce the Tribal management plan 

16 under this paragraph to ensure that amounts 

17 withdrawn by each Pueblo from the Pueblo 

18 Trust Fund of the Pueblo under subparagraph 

19 (A) are used in accordance with this title. 

20 (2) WITHDRAWALS UNDER EXPENDITURE

21 PLAN.— 

22 (A) IN GENERAL.—Each Pueblo may sub23 mit to the Secretary a request to withdraw 

24 funds from the Pueblo Trust Fund of the Pueb25 lo pursuant to an approved expenditure plan. 

57 

•S 595 RS

1 (B) REQUIREMENTS.—To be eligible to 

2 withdraw amounts under an expenditure plan 

3 under subparagraph (A), each Pueblo shall sub4 mit to the Secretary an expenditure plan for 

5 any portion of the Pueblo Trust Fund that the 

6 Pueblo elects to withdraw pursuant to that sub7 paragraph, subject to the condition that the 

8 amounts shall be used for the purposes de9 scribed in this title. 

10 (C) INCLUSIONS.—An expenditure plan 

11 under this paragraph shall include a description 

12 of the manner and purpose for which the 

13 amounts proposed to be withdrawn from the 

14 Pueblo Trust Fund will be used by the Pueblo, 

15 in accordance with this subsection and sub16 section (g). 

17 (D) APPROVAL.—The Secretary shall ap18 prove an expenditure plan submitted under sub19 paragraph (A) if the Secretary determines that 

20 the plan— 

21 (i) is reasonable; and 

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

23 for, the purposes of this title. 

24 (E) ENFORCEMENT.—The Secretary may 

25 carry out such judicial and administrative acVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S595.RS S595
58 

•S 595 RS

1 tions as the Secretary determines to be nec2 essary to enforce an expenditure plan to ensure 

3 that amounts disbursed under this paragraph 

4 are used in accordance with this title. 

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

6 gives the Pueblos the right to judicial review of a deter7 mination of the Secretary relating to whether to approve 

8 a Tribal management plan under paragraph (1) of sub9 section (e) or an expenditure plan under paragraph (2) 

10 of that subsection except under subchapter II of chapter 

11 5, and chapter 7, of title 5, United States Code (commonly 

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

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

14 only be used by the appropriate Pueblo for the following 

15 purposes: 

16 (1) Planning, permitting, designing, engineer17 ing, constructing, reconstructing, replacing, rehabili18 tating, operating, or repairing water production, 

19 treatment, or delivery infrastructure, including for 

20 domestic and municipal use, on-farm improvements, 

21 or wastewater infrastructure. 

22 (2) Watershed protection and enhancement, 

23 support of agriculture, water-related Pueblo commu24 nity welfare and economic development, and costs 

25 related to implementation of the Agreement. 

59 

•S 595 RS

1 (3) Planning, permitting, designing, engineer2 ing, construction, reconstructing, replacing, rehabili3 tating, operating, or repairing water production of 

4 delivery infrastructure of the Augmentation Project, 

5 as set forth in the Agreement. 

6 (4) Ensuring environmental compliance in the 

7 development and construction of projects under this 

8 title. 

9 (5) The management and administration of the 

10 Pueblo Water Rights. 

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

12 the Treasury shall not be liable for the expenditure or in13 vestment of any amounts withdrawn from a Pueblo Trust 

14 Fund by a Pueblo under paragraph (1) or (2) of sub15 section (e). 

16 (i) EXPENDITURE REPORTS.—Each Pueblo shall an17 nually submit to the Secretary an expenditure report de18 scribing accomplishments and amounts spent from use of 

19 withdrawals under a Tribal management plan or an ex20 penditure plan under paragraph (1) or (2) of subsection 

21 (e), as applicable. 

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

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

24 basis to any member of a Pueblo. 

60 

•S 595 RS

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

2 over, and operation of any project constructed using funds 

3 from a Pueblo Trust Fund shall remain in the appropriate 

4 Pueblo. 

5 (l) OPERATION, MAINTENANCE, AND REPLACE6 MENT.—All operation, maintenance, and replacement 

7 costs of any project constructed using funds from a Pueblo 

8 Trust Fund shall be the responsibility of the appropriate 

9 Pueblo. 

10 SEC. 206. FUNDING. 

11 (a) MANDATORY APPROPRIATION.—Out of any 

12 money in the Treasury not otherwise appropriated, the 

13 Secretary of the Treasury shall transfer to the Sec14 retary— 

15 (1) for deposit in the Pueblo of Jemez Settle16 ment Trust Fund established under section 205(a) 

17 $290,000,000, to remain available until expended, 

18 withdrawn, or reverted to the general fund of the 

19 Treasury; and 

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

21 Trust Fund established under that section 

22 $200,000,000, to remain available until expended, 

23 withdrawn, or reverted to the general fund of the 

24 Treasury. 

25 (b) FLUCTUATION IN COSTS.— 

61 

•S 595 RS

1 (1) IN GENERAL.—The amount appropriated 

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

3 as appropriate, by such amounts as may be justified 

4 by reason of ordinary fluctuations in costs, as indi5 cated by the Bureau of Reclamation Construction 

6 Cost Index–Composite Trend. 

7 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

8 amount appropriated under subsection (a) shall be 

9 adjusted to address construction cost changes nec10 essary to account for unforeseen market volatility 

11 that may not otherwise be captured by engineering 

12 cost indices, as determined by the Secretary, includ13 ing repricing applicable to the types of construction 

14 and current industry standards involved. 

15 (3) REPETITION.—The adjustment process 

16 under this subsection shall be repeated for each sub17 sequent amount appropriated until the applicable 

18 amount, as adjusted, has been appropriated. 

19 (4) PERIOD OF INDEXING.—The period of in20 dexing adjustment under this subsection for any in21 crement of funding shall start on October 1, 2021, 

22 and end on the date on which the funds are depos23 ited in the applicable Pueblo Trust Fund. 

24 (c) STATE COST SHARE.—The State shall con25 tribute— 

62 

•S 595 RS

1 (1) $3,400,000, as adjusted for inflation pursu2 ant to the Agreement, to the San Ysidro Community 

3 Ditch Association for capital and operating expenses 

4 of the mutual benefit Augmentation Project; 

5 (2) $16,159,000, as adjusted for inflation pur6 suant to the Agreement, for Jemez River Basin 

7 Water Users Coalition acequia ditch improvements; 

8 and 

9 (3) $500,000, as adjusted for inflation, to miti10 gate impairment to non-Pueblo domestic and live11 stock groundwater rights as a result of new Pueblo 

12 water use. 

13 SEC. 207. ENFORCEABILITY DATE. 

14 The Enforceability Date shall be the date on which 

15 the Secretary publishes in the Federal Register a state16 ment of findings that— 

17 (1) to the extent that the Agreement conflicts 

18 with this title, the Agreement has been amended to 

19 conform with this title; 

20 (2) the Agreement, as amended, has been exe21 cuted by all parties to the Agreement, including the 

22 United States; 

23 (3) the United States District Court for the 

24 District of New Mexico has approved the Agreement 

63 

•S 595 RS

1 and has entered a Partial Final Judgment and De2 cree; 

3 (4) all of the amounts appropriated under sec4 tion 206 have been appropriated and deposited in 

5 the designated accounts of the applicable Pueblo 

6 Trust Fund; 

7 (5) the State has— 

8 (A) provided the funding under section 

9 206(c)(2) into appropriate funding accounts; 

10 (B) provided the funding under section 

11 206(c)(1) or entered into a funding agreement 

12 with the intended beneficiaries for that funding; 

13 and 

14 (C) enacted legislation to amend State law 

15 to provide that a Pueblo Water Right may be 

16 leased for a term of not to exceed 99 years, in17 cluding renewals; 

18 (6) the waivers and releases under section sub19 sections (a) and (b) of section 208 have been exe20 cuted by the Pueblos and the Secretary; and 

21 (7) the waivers and releases under section 208 

22 have been executed by the Pueblos and the Sec23 retary. 

64 

•S 595 RS

1 SEC. 208. WAIVERS AND RELEASES OF CLAIMS. 

2 (a) WAIVERS AND RELEASES OF CLAIMS BY PUEB3 LOS AND UNITED STATES AS TRUSTEE FOR PUEBLOS.— 

4 Subject to the reservation of rights and retention of claims 

5 under subsection (d), as consideration for recognition of 

6 the Pueblo Water Rights and other benefits described in 

7 the Agreement and this title, the Pueblos and the United 

8 States, acting as trustee for the Pueblos, shall execute a 

9 waiver and release of all claims for— 

10 (1) water rights within the Jemez River Stream 

11 System that the Pueblos, or the United States act12 ing as trustee for the Pueblos, asserted or could 

13 have asserted in any proceeding, including the Adju14 dication, on or before the Enforceability Date, ex15 cept to the extent that such a right is recognized in 

16 the Agreement and this title; and 

17 (2) damages, losses, or injuries to water rights 

18 or claims of interference with, diversion of, or taking 

19 of water rights (including claims for injury to land 

20 resulting from such damages, losses, injuries, inter21 ference, diversion, or taking of water rights) in the 

22 Jemez River Stream System against any party to a 

23 settlement, including the members and parciantes of 

24 signatory acequias, that accrued at any time up to 

25 and including the Enforceability Date. 

65 

•S 595 RS

1 (b) WAIVERS AND RELEASES OF CLAIMS BY PUEB2 LOS AGAINST UNITED STATES.—Subject to the reserva3 tion of rights and retention of claims under subsection (d), 

4 each Pueblo shall execute a waiver and release of all claims 

5 against the United States (including any agency or em6 ployee of the United States) for water rights within the 

7 Jemez River Stream System first arising before the En8 forceability Date relating to— 

9 (1) water rights within the Jemez River Stream 

10 System that the United States, acting as trustee for 

11 the Pueblos, asserted or could have asserted in any 

12 proceeding, including the Adjudication, except to the 

13 extent that such rights are recognized as part of the 

14 Pueblo Water Rights under this title; 

15 (2) foregone benefits from non-Pueblo use of 

16 water, on and off Pueblo Land (including water 

17 from all sources and for all uses), within the Jemez 

18 River Stream System; 

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

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

21 water or water rights (including damages, losses, or 

22 injuries to hunting, fishing, gathering, or cultural 

23 rights due to loss of water or water rights, claims 

24 relating to interference with, diversion of, or taking 

25 of water, or claims relating to a failure to protect, 

66 

•S 595 RS

1 acquire, replace, or develop water, water rights, or 

2 water infrastructure) within the Jemez River Stream 

3 System; 

4 (4) a failure to establish or provide a municipal, 

5 rural, or industrial water delivery system on Pueblo 

6 Land within the Jemez River Stream System; 

7 (5) damage, loss, or injury to water, water 

8 rights, land, or natural resources due to construc9 tion, operation, and management of irrigation 

10 projects on Pueblo Land or Federal land (including 

11 damages, losses, or injuries to fish habitat, wildlife, 

12 and wildlife habitat) within the Jemez River Stream 

13 System; 

14 (6) a failure to provide for operation, mainte15 nance, or deferred maintenance for any irrigation 

16 system or irrigation project within the Jemez River 

17 Stream System; 

18 (7) a failure to provide a dam safety improve19 ment to a dam on Pueblo Land within the Jemez 

20 River Stream System; 

21 (8) the litigation of claims relating to any water 

22 right of a Pueblo within the Jemez River Stream 

23 System; and 

67 

•S 595 RS

1 (9) the negotiation, execution, or adoption of 

2 the Agreement (including exhibits or appendices) 

3 and this title. 

4 (c) EFFECTIVE DATE.—The waivers and releases de5 scribed in subsections (a) and (b) shall take effect on the 

6 Enforceability Date. 

7 (d) RESERVATION OF RIGHTS AND RETENTION OF

8 CLAIMS.—Notwithstanding the waivers and releases under 

9 subsections (a) and (b), the Pueblos and the United 

10 States, acting as trustee for the Pueblos, shall retain all 

11 claims relating to— 

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

13 the Enforceability Date relating to, water rights rec14 ognized under the Agreement, this title, or the Par15 tial Final Judgement and Decree entered into in the 

16 Adjudication; 

17 (2) activities affecting the quality of water, in18 cluding claims under— 

19 (A) the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of 

21 1980 (42 U.S.C. 9601 et seq.), including claims 

22 for damages to natural resources; 

23 (B) the Safe Drinking Water Act (42 

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

68 

•S 595 RS

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 title or the Agreement; and 

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

16 outside of the Jemez River Stream System. 

17 (e) EFFECT OF AGREEMENT AND TITLE.—Nothing 

18 in the Agreement or this title— 

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— 

69 

•S 595 RS

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 title), any other pueblo or Indian Tribe, or an allot16 tee of any 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 

70 

•S 595 RS

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 (f) 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 (g) EXPIRATION.— 

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

20 case in which the Secretary fails to publish a state21 ment of findings under section 207 by not later 

22 than— 

23 (A) July 1, 2030; or 

71 

•S 595 RS

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 title expires under 

5 paragraph (1)— 

6 (A) the waivers and releases under sub7 sections (a) and (b) 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 203 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 title shall be void; 

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

24 title shall be returned to the Federal Govern25 ment, unless otherwise agreed to by the Pueblos 

72 

•S 595 RS

1 and the United States and approved by Con2 gress; 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 title that were expended or withdrawn, or 

9 any funds made available to carry out this title 

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 Rights; or 

19 (II) any other matter covered by 

20 subsection (b); or 

21 (ii) in any future settlement of water 

22 rights of the Pueblos. 

23 SEC. 209. SATISFACTION OF CLAIMS. 

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

73 

•S 595 RS

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 208(b). 

4 SEC. 210. MISCELLANEOUS PROVISIONS. 

5 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

6 UNITED STATES.—Nothing in this title waives the sov7 ereign immunity of the United States. 

8 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

9 Nothing in this title quantifies or diminishes any land or 

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

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

12 Pueblos. 

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

14 title affects any provision of law (including regulations) 

15 in effect on the day before the date of enactment of this 

16 Act with respect to pre-enforcement review of any Federal 

17 environmental enforcement action. 

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

19 the Agreement and this title, this title shall control. 

20 SEC. 211. ANTIDEFICIENCY. 

21 The United States shall not be liable for any failure 

22 to carry out any obligation or activity authorized by this 

23 title, including any obligation or activity under the Agree24 ment, if adequate appropriations are not provided ex25 pressly by Congress to carry out the purposes of this title. 

Calendar No. 274 

118TH CONGRESS 

1ST SESSION S. 595 

[Report No. 118–131] 

A BILL 

To approve the settlement of water rights claims of 

San Josethe Pueblos of Acoma and Laguna in the Rio  ́ Stream System and the Pueblos of 

poses. in the State of New Mexico, and for other purJemez and Zia in the Rio Jemez Stream System 

DECEMBER 12, 2023 

Reported without amendment