II 

118TH CONGRESS 

1ST SESSION S. 595 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 2023’’. 


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

2 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. 

3 TITLE I—PUEBLOS OF ACOMA 

4 AND LAGUNA WATER RIGHTS 

5 SETTLEMENT 

6 SEC. 101. PURPOSES. 

7 The purposes of this title are— 

8 (1) to achieve a fair, equitable, and final settle9 ment of all issues and controversies concerning 

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1 dication of the Rio San Jose ́ Stream System cap2 tioned ‘‘State of New Mexico, ex rel. State Engineer 

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

4 00190 and No. D–1333–CV1983–00220 (consoli5 dated), pending in the Thirteenth Judicial District 

6 Court for the State of New Mexico, for— 

7 (A) the Pueblo of Acoma; 

8 (B) the Pueblo of Laguna; and 

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

10 the Pueblos of Acoma and Laguna; 

11 (2) to authorize, ratify, and confirm the agree12 ment entered into by the Pueblos, the State, and 

13 various other parties to the Agreement, to the extent 

14 that the Agreement is consistent with this title; 

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 title; and 

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

22 SEC. 102. DEFINITIONS. 

23 In this title: 

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

25 each of the Bluewater Toltec Irrigation District, La 


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1 Acequia Madre del Ojo del Gallo, Moquino Water 

2 Users Association II, Murray Acres Irrigation Asso3 ciation, San Mateo Irrigation Association, Seboyeta 

4 Community Irrigation Association, Cubero Acequia 

5 Association, Cebolletita Acequia Association, and 

6 Community Ditch of San Jose ́ de la Cienega. 

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

8 means the general adjudication of water rights enti9 tled ‘‘State of New Mexico, ex rel. State Engineer v. 

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

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

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

13 the Decree Court. 

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

15 means— 

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

17 Stream System Water Rights Local Settlement 

18 Agreement Among the Pueblo of Acoma, the 

19 Pueblo of Laguna, the Navajo Nation, the State 

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

21 of Milan, the Association of Community Ditches 

22 of the Rio San Jose ́ and Nine Individual 

23 Acequias and Community Ditches’’ and dated 

24 May 13, 2022, and the attachments thereto; 

25 and 


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

3 amendment to an attachment thereto) that is 

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

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

7 means a parcel of land that is— 

8 (A) located within— 

9 (i) the Rio Puerco Basin; 

10 (ii) the Rio San Jose ́ Stream System; 

11 or 

12 (iii) the Rio Salado Basin; and 

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

14 the benefit of 1 or more individual Indians. 

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

16 individual with a beneficial interest in an Allotment. 

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

18 Court’’ means the Thirteenth Judicial District Court 

19 of the State of New Mexico. 

20 (7) ENFORCEABILITY DATE.—The term ‘‘En21 forceability Date’’ means the date described in sec22 tion 107. 

23 (8) PARTIAL FINAL JUDGMENT AND DECREE.— 

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

25 means a final or interlocutory partial final judgment 


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1 and decree entered by the Decree Court with respect 

2 to the water rights of the Pueblos— 

3 (A) that is substantially in the form de4 scribed in article 14.7.2 of the Agreement, as 

5 amended to ensure consistency with this title; 

6 and 

7 (B) from which no further appeal may be 

8 taken. 

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

10 of— 

11 (A) the Pueblo of Acoma; or 

12 (B) the Pueblo of Laguna. 

13 (10) PUEBLO LAND.— 

14 (A) IN GENERAL.—The term ‘‘Pueblo 

15 Land’’ means any real property— 

16 (i) in the Rio San Jose ́ Stream Sys17 tem that is held by the United States in 

18 trust for either Pueblo, or owned by either 

19 Pueblo, as of the Enforceability Date; 

20 (ii) in the Rio Salado Basin that is 

21 held by the United States in trust for the 

22 Pueblo of Acoma, or owned by the Pueblo 

23 of Acoma, as of the Enforceability Date; or 

24 (iii) in the Rio Puerco Basin that is 

25 held by the United States in trust for the 


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1 Pueblo of Laguna, or owned by the Pueblo 

2 of Laguna, as of the Enforceability Date. 

3 (B) INCLUSIONS.—The term ‘‘Pueblo 

4 Land’’ includes land placed in trust with the 

5 United States subsequent to the Enforceability 

6 Date for either Pueblo in the Rio San Jose ́

7 Stream System, for the Pueblo of Acoma in the 

8 Rio Salado Basin, or for the Pueblo of Laguna 

9 in the Rio Puerco Basin. 

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

11 Trust Fund’’ means— 

12 (A) the Pueblo of Acoma Settlement Trust 

13 Fund established by section 105(a); 

14 (B) the Pueblo of Laguna Settlement 

15 Trust Fund established by that section; and 

16 (C) the Acomita Reservoir Works Trust 

17 Fund established by that section. 

18 (12) PUEBLO WATER RIGHTS.—The term 

19 ‘‘Pueblo Water Rights’’ means— 

20 (A) the respective water rights of the 

21 Pueblos in the Rio San Jose ́ Stream System— 

22 (i) as identified in the Agreement and 

23 section 104; and 

24 (ii) as confirmed in the Partial Final 

25 Judgment and Decree; 


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1 (B) the water rights of the Pueblo of 

2 Acoma in the Rio Salado Basin; and 

3 (C) the water rights of the Pueblo of La4 guna in the Rio Puerco Basin, as identified in 

5 the Agreement and section 104. 

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

7 (A) the Pueblo of Acoma; and 

8 (B) the Pueblo of Laguna. 

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

10 Puerco Basin’’ means the area defined by the 

11 United States Geological Survey Hydrologic Unit 

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

13 13020205 (Arroyo Chico subbasin), including the 

14 hydrologically connected groundwater. 

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

16 term ‘‘Rio San Jose ́ Stream System’’ means the geo17 graphic extent of the area involved in the Adjudica18 tion pursuant to the description filed in the Decree 

19 Court on November 21, 1986. 

20 (16) RIO SALADO BASIN.—The term ‘‘Rio Sa21 lado Basin’’ means the area defined by the United 

22 States Geological Survey Hydrologic Unit Code 

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

24 the hydrologically connected groundwater. 


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

2 means the Secretary of the Interior. 

3 (18) SIGNATORY ACEQUIA.—The term ‘‘Signa4 tory Acequia’’ means an acequia that is a signatory 

5 to the Agreement. 

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

7 State of New Mexico and all officers, agents, depart8 ments, and political subdivisions of the State of New 

9 Mexico. 

10 SEC. 103. RATIFICATION OF AGREEMENT. 

11 (a) RATIFICATION.— 

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

13 title and to the extent the Agreement does not con14 flict with this title, the Agreement is authorized, 

15 ratified, and confirmed. 

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

17 Agreement or any attachment to the Agreement re18 quiring the signature of the Secretary is executed in 

19 accordance with this title to make the Agreement 

20 consistent with this title, the amendment is author21 ized, ratified, and confirmed. 

22 (b) EXECUTION.— 

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

24 does not conflict with this title, the Secretary shall 

25 execute the Agreement, including all attachments to 


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1 or parts of the Agreement requiring the signature of 

2 the Secretary. 

3 (2) MODIFICATIONS.—Nothing in this title pro4 hibits the Secretary, after execution of the Agree5 ment, from approving any modification to the Agree6 ment, including an attachment to the Agreement, 

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

8 the modification does not otherwise require congres9 sional approval under section 2116 of the Revised 

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

11 provision of Federal law. 

12 (c) ENVIRONMENTAL COMPLIANCE.— 

13 (1) IN GENERAL.—In implementing the Agree14 ment and this title, the Secretary shall comply 

15 with— 

16 (A) the Endangered Species Act of 1973 

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

18 (B) the National Environmental Policy Act 

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

20 implementing regulations of that Act; and 

21 (C) all other applicable Federal environ22 mental laws and regulations. 

23 (2) COMPLIANCE.— 

24 (A) IN GENERAL.—In implementing the 

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1 pare any necessary environmental documents 

2 consistent with— 

3 (i) the Endangered Species Act of 

4 1973 (16 U.S.C. 1531 et seq.); 

5 (ii) the National Environmental Policy 

6 Act of 1969 (42 U.S.C. 4321 et seq.), in7 cluding the implementing regulations of 

8 that Act; and 

9 (iii) all other applicable Federal envi10 ronmental laws and regulations. 

11 (B) AUTHORIZATIONS.—The Secretary 

12 shall— 

13 (i) independently evaluate the docu14 mentation required under subparagraph 

15 (A); and 

16 (ii) be responsible for the accuracy, 

17 scope, and contents of that documentation. 

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

19 the Agreement by the Secretary under this section 

20 shall not constitute a major Federal action under 

21 the National Environmental Policy Act of 1969 (42 

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

23 (4) COSTS.—Any costs associated with the per24 formance of the compliance activities under sub25 section (c) shall be paid from funds deposited in the 


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1 Pueblo Trust Funds, subject to the condition that 

2 any costs associated with the performance of Federal 

3 approval or other review of such compliance work or 

4 costs associated with inherently Federal functions 

5 shall remain the responsibility of the Secretary. 

6 SEC. 104. PUEBLO WATER RIGHTS. 

7 (a) TRUST STATUS OF THE PUEBLO WATER

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

9 by the United States on behalf of the Pueblos in accord10 ance with the Agreement and this title. 

11 (b) FORFEITURE AND ABANDONMENT.— 

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

13 shall not be subject to loss through non-use, for14 feiture, abandonment, or other operation of law. 

15 (2) STATE-LAW BASED WATER RIGHTS.—Pur16 suant to the Agreement, State-law based water 

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

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

19 the Partial Final Judgment and Decree, shall not be 

20 subject to forfeiture, abandonment, or permanent 

21 alienation from the time they are acquired. 

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

23 be subject to the terms and conditions of the Agreement 

24 and this title. 


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1 (d) ALLOTMENT RIGHTS NOT INCLUDED.—The 

2 Pueblo Water Rights shall not include any water uses or 

3 water rights claims on an Allotment. 

4 (e) 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 (3) ALLOTTEE WATER RIGHTS.—The Pueblos 

16 shall not object in any general stream adjudication, 

17 including the Adjudication, or any other appropriate 

18 forum, to the quantification of reasonable domestic, 

19 stock, and irrigation water uses on an Allotment, 

20 and shall administer any water use in accordance 

21 with applicable Federal law, including recognition 

22 of— 

23 (A) any water use existing on an Allotment 

24 as of the date of enactment of this Act; 


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1 (B) reasonable domestic, stock, and irriga2 tion water uses on an Allotment; and 

3 (C) any Allotment water right decreed in a 

4 general stream adjudication, including the Ad5 judication, or other appropriate forum, for an 

6 Allotment. 

7 (f) ADMINISTRATION.— 

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

9 permanently alienate any portion of the Pueblo 

10 Water Rights. 

11 (2) PURCHASES OR GRANTS OF LAND FROM IN12 DIANS.—An authorization provided by this title for 

13 the allocation, distribution, leasing, or other ar14 rangement entered into pursuant to this title shall 

15 be considered to satisfy any requirement for author16 ization of the action required by Federal law. 

17 (3) PROHIBITION ON FORFEITURE.—The non18 use of all or any portion of the Pueblo Water Rights 

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

20 abandonment, relinquishment, or other loss of all or 

21 any portion of the Pueblo Water Rights. 

22 SEC. 105. SETTLEMENT TRUST FUNDS. 

23 (a) ESTABLISHMENT.—The Secretary shall establish 

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1 ment Trust Fund’’, and a trust fund for the benefit of 

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

3 Works Trust Fund’’, to be managed, invested, and distrib4 uted by the Secretary and to remain available until ex5 pended, withdrawn, or reverted to the general fund of the 

6 Treasury, consisting of the amounts deposited in the 

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

8 any investment earnings, including interest, earned on 

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

10 (b) ACCOUNTS.— 

11 (1) PUEBLO OF ACOMA SETTLEMENT TRUST

12 FUND.—The Secretary shall establish in the Pueblo 

13 of Acoma Settlement Trust Fund the following ac14 counts: 

15 (A) The Water Rights Settlement Account. 

16 (B) The Water Infrastructure Operations 

17 and Maintenance Account. 

18 (C) The Feasibility Studies Settlement Ac19 count. 

20 (2) PUEBLO OF LAGUNA SETTLEMENT TRUST

21 FUND.—The Secretary shall establish in the Pueblo 

22 of Laguna Settlement Trust Fund the following ac23 counts: 

24 (A) The Water Rights Settlement Account. 


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1 (B) The Water Infrastructure Operations 

2 and Maintenance Account. 

3 (C) The Feasibility Studies Settlement Ac4 count. 

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

6 Pueblo Trust Fund the amounts made available pursuant 

7 to section 106(a). 

8 (d) MANAGEMENT AND INTEREST.— 

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

10 funds into the Pueblo Trust Funds under subsection 

11 (c), the Secretary shall manage, invest, and dis12 tribute all amounts in the Pueblo Trust Funds in a 

13 manner that is consistent with the investment au14 thority of the Secretary under— 

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

16 1938 (25 U.S.C. 162a); 

17 (B) the American Indian Trust Fund Man18 agement Reform Act of 1994 (25 U.S.C. 4001 

19 et seq.); and 

20 (C) this subsection. 

21 (2) INVESTMENT EARNINGS.—In addition to 

22 the deposits made to each Pueblo Trust Fund under 

23 subsection (c), any investment earnings, including 

24 interest, earned on those amounts held in each 


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1 Pueblo Trust Fund are authorized to be used in ac2 cordance with subsections (f) and (h). 

3 (e) AVAILABILITY OF AMOUNTS.— 

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

5 and deposited in, each Pueblo Trust Fund, including 

6 any investment earnings (including interest) earned 

7 on those amounts, shall be made available to the 

8 Pueblo or Pueblos by the Secretary beginning on the 

9 Enforceability Date, subject to the requirements of 

10 this section, except for those funds to be made avail11 able to the Pueblos pursuant to paragraph (2). 

12 (2) USE OF FUNDS.—Notwithstanding para13 graph (1)— 

14 (A) amounts deposited in the Feasibility 

15 Studies Settlement Account of each Pueblo 

16 Trust Fund, including any investment earnings, 

17 including interest, earned on those amounts 

18 shall be available to the Pueblo on the date on 

19 which the amounts are deposited for uses de20 scribed in subsection (h)(3), and in accordance 

21 with the Agreement; 

22 (B) amounts deposited in the Acomita Res23 ervoir Works Trust Fund, including any invest24 ment earnings, including interest, earned on 

25 those amounts shall be available to the Pueblos 


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1 on the date on which the amounts are deposited 

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

3 accordance with the Agreement; and 

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

5 Rights Settlement Account for each Pueblo 

6 shall be available on the date on which the 

7 amounts are deposited for installing, on Pueblo 

8 Lands, groundwater wells to meet immediate 

9 domestic, commercial, municipal and industrial 

10 water needs, and associated environmental, cul11 tural, and historical compliance. 

12 (f) WITHDRAWALS.— 

13 (1) WITHDRAWALS UNDER THE AMERICAN IN14 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

15 1994.— 

16 (A) IN GENERAL.—Each Pueblo may with17 draw any portion of the amounts in its respec18 tive Settlement Trust Fund on approval by the 

19 Secretary of a Tribal management plan sub20 mitted by each Pueblo in accordance with the 

21 American Indian Trust Fund Management Re22 form Act of 1994 (25 U.S.C. 4001 et seq.). 

23 (B) REQUIREMENTS.—In addition to the 

24 requirements under the American Indian Trust 

25 Fund Management Reform Act of 1994 (25 


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

2 plan under this paragraph shall require that the 

3 appropriate Pueblo shall spend all amounts 

4 withdrawn from each Pueblo Trust Fund, and 

5 any investment earnings (including interest) 

6 earned on those amounts through the invest7 ments under the Tribal management plan, in 

8 accordance with this title. 

9 (C) ENFORCEMENT.—The Secretary may 

10 carry out such judicial and administrative ac11 tions as the Secretary determines to be nec12 essary to enforce the Tribal management plan 

13 under this paragraph to ensure that amounts 

14 withdrawn by each Pueblo from the Pueblo 

15 Trust Funds under subparagraph (A) are used 

16 in accordance with this title. 

17 (2) WITHDRAWALS UNDER EXPENDITURE

18 PLAN.— 

19 (A) IN GENERAL.—Each Pueblo may sub20 mit to the Secretary a request to withdraw 

21 funds from the Pueblo Trust Fund of the Pueb22 lo pursuant to an approved expenditure plan. 

23 (B) REQUIREMENTS.—To be eligible to 

24 withdraw amounts under an expenditure plan 

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1 lo shall submit to the Secretary an expenditure 

2 plan for any portion of the Pueblo Trust Fund 

3 that the Pueblo elects to withdraw pursuant to 

4 that subparagraph, subject to the condition that 

5 the amounts shall be used for the purposes de6 scribed in this title. 

7 (C) INCLUSIONS.—An expenditure plan 

8 under this paragraph shall include a description 

9 of the manner and purpose for which the 

10 amounts proposed to be withdrawn from the 

11 Pueblo Trust Fund will be used by the Pueblo, 

12 in accordance with this subsection and sub13 section (h). 

14 (D) APPROVAL.—The Secretary shall ap15 prove an expenditure plan submitted under sub16 paragraph (A) if the Secretary determines that 

17 the plan— 

18 (i) is reasonable; and 

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

20 for, the purposes of this title. 

21 (E) ENFORCEMENT.—The Secretary may 

22 carry out such judicial and administrative ac23 tions as the Secretary determines to be nec24 essary to enforce an expenditure plan to ensure 


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1 that amounts disbursed under this paragraph 

2 are used in accordance with this title. 

3 (3) WITHDRAWALS FROM ACOMITA RESERVOIR

4 WORKS TRUST FUND.— 

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

6 to the Secretary a request to withdraw funds 

7 from the Acomita Reservoir Works Trust Fund 

8 pursuant to an approved joint expenditure plan. 

9 (B) REQUIREMENTS.— 

10 (i) IN GENERAL.—To be eligible to 

11 withdraw amounts under a joint expendi12 ture plan under subparagraph (A), the 

13 Pueblos shall submit to the Secretary a 

14 joint expenditure plan for any portion of 

15 the Acomita Reservoir Works Trust Fund 

16 that the Pueblos elect to withdraw pursu17 ant to this subparagraph, subject to the 

18 condition that the amounts shall be used 

19 for the purposes described in subsection 

20 (h)(4). 

21 (ii) WRITTEN RESOLUTION.—Each re22 quest to withdraw amounts under a joint 

23 expenditure plan submitted under clause 

24 (i) shall be accompanied by a written reso25 lution from the Tribal councils of both 


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1 Pueblos approving the requested use and 

2 disbursement of funds. 

3 (C) INCLUSIONS.—A joint expenditure 

4 plan under this paragraph shall include a de5 scription of the manner and purpose for which 

6 the amounts proposed to be withdrawn from the 

7 Acomita Reservoir Works Trust Fund will be 

8 used by the Pueblo or Pueblos to whom the 

9 funds will be disbursed, in accordance with sub10 section (h)(4). 

11 (D) APPROVAL.—The Secretary shall ap12 prove a joint expenditure plan submitted under 

13 subparagraph (A) if the Secretary determines 

14 that the plan— 

15 (i) is reasonable; and 

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

17 for, the purposes of this title. 

18 (E) ENFORCEMENT.—The Secretary may 

19 carry out such judicial and administrative ac20 tions as the Secretary determines to be nec21 essary to enforce a joint expenditure plan to en22 sure that amounts disbursed under this para23 graph are used in accordance with this title. 

24 (g) EFFECT OF SECTION.—Nothing in this section 

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1 mination of the Secretary relating to whether to approve 

2 a Tribal management plan under paragraph (1) of sub3 section (f) or an expenditure plan under paragraph (2) 

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

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

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

7 ‘‘Administrative Procedure Act’’). 

8 (h) USES.— 

9 (1) WATER RIGHTS SETTLEMENT ACCOUNT.— 

10 The Water Rights Settlement Account for each 

11 Pueblo may only be used for the following purposes: 

12 (A) Acquiring water rights or water sup13 ply. 

14 (B) Planning, permitting, designing, engi15 neering, constructing, reconstructing, replacing, 

16 rehabilitating, operating, or repairing water 

17 production, treatment, or delivery infrastruc18 ture, including for domestic and municipal use, 

19 on-farm improvements, or wastewater infra20 structure. 

21 (C) Pueblo Water Rights management and 

22 administration. 

23 (D) Watershed protection and enhance24 ment, support of agriculture, water-related 

25 Pueblo community welfare and economic develVerDate Sep 11 2014 00:40 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595

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1 opment, and costs relating to implementation of 

2 the Agreement. 

3 (E) Environmental compliance in the de4 velopment and construction of infrastructure 

5 under this title. 

6 (2) WATER INFRASTRUCTURE OPERATIONS AND

7 MAINTENANCE TRUST ACCOUNT.—The Water Infra8 structure Operations and Maintenance Account for 

9 each Pueblo may only be used to pay costs for oper10 ation and maintenance of water infrastructure to 

11 serve Pueblo domestic, commercial, municipal, and 

12 industrial water uses from any water source. 

13 (3) FEASIBILITY STUDIES SETTLEMENT AC14 COUNT.—The Feasibility Studies Settlement Ac15 count for each Pueblo may only be used to pay costs 

16 for feasibility studies of water supply infrastructure 

17 to serve Pueblo domestic, commercial, municipal, 

18 and industrial water uses from any water source. 

19 (4) ACOMITA RESERVOIR WORKS TRUST

20 FUND.—The Acomita Reservoir Works Trust Fund 

21 may only be used for planning, permitting, design22 ing, engineering, constructing, reconstructing, re23 placing, rehabilitating, maintaining, or repairing 

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

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1 ervoir outlet on the Pueblo of Acoma through its ter2 minus on the Pueblo of Laguna. 

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

4 the Treasury shall not be liable for the expenditure or in5 vestment of any amounts withdrawn from the Pueblo 

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

7 (3) of subsection (f). 

8 (j) EXPENDITURE REPORTS.—Each Pueblo shall an9 nually submit to the Secretary an expenditure report de10 scribing accomplishments and amounts spent from use of 

11 withdrawals under a Tribal management plan or an ex12 penditure plan under paragraph (1), (2), or (3) of sub13 section (f), as applicable. 

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

15 the Pueblo Trust Funds shall be distributed on a per cap16 ita basis to any member of a Pueblo. 

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

18 over, and operation of any project constructed using funds 

19 from the Pueblo Trust Funds shall remain in the appro20 priate Pueblo or Pueblos. 

21 (m) OPERATION, MAINTENANCE, AND REPLACE22 MENT.—All operation, maintenance, and replacement 

23 costs of any project constructed using funds from the 

24 Pueblo Trust Funds shall be the responsibility of the ap25 propriate Pueblo or Pueblos. 


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1 SEC. 106. FUNDING. 

2 (a) MANDATORY APPROPRIATIONS.—Out of any 

3 money in the Treasury not otherwise appropriated, the 

4 Secretary of the Treasury shall transfer to the Secretary 

5 the following amounts for the following accounts: 

6 (1) PUEBLO OF ACOMA SETTLEMENT TRUST

7 FUND.— 

8 (A) THE WATER RIGHTS SETTLEMENT AC9 COUNT.—$296,000,000, to remain available 

10 until expended, withdrawn, or reverted to the 

11 general fund of the Treasury. 

12 (B) THE WATER INFRASTRUCTURE OPER13 ATIONS AND MAINTENANCE ACCOUNT.— 

14 $14,000,000, to remain available until ex15 pended, withdrawn, or reverted to the general 

16 fund of the Treasury. 

17 (C) THE FEASIBILITY STUDIES SETTLE18 MENT ACCOUNT.—$1,750,000, to remain avail19 able until expended, withdrawn, or reverted to 

20 the general fund of the Treasury. 

21 (2) PUEBLO OF LAGUNA SETTLEMENT TRUST

22 FUND.— 

23 (A) THE WATER RIGHTS SETTLEMENT AC24 COUNT.—$464,000,000, to remain available 

25 until expended, withdrawn, or reverted to the 

26 general fund of the Treasury. 


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1 (B) THE WATER INFRASTRUCTURE OPER2 ATIONS AND MAINTENANCE ACCOUNT.— 

3 $26,000,000, to remain available until ex4 pended, withdrawn, or reverted to the general 

5 fund of the Treasury. 

6 (C) THE FEASIBILITY STUDIES SETTLE7 MENT ACCOUNT.—$3,250,000, to remain avail8 able until expended, withdrawn, or reverted to 

9 the general fund of the Treasury. 

10 (3) ACOMITA RESERVOIR WORKS TRUST

11 FUND.—$45,000,000, to remain available until ex12 pended, withdrawn, or reverted to the general fund 

13 of the Treasury. 

14 (b) FLUCTUATIONS IN COSTS.— 

15 (1) IN GENERAL.—The amounts appropriated 

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

17 as appropriate, by such amounts as may be justified 

18 by reason of ordinary fluctuations in costs, as indi19 cated by the Bureau of Reclamation Construction 

20 Cost Index–Composite Trend. 

21 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

22 amounts appropriated under subsection (a) shall be 

23 adjusted to address construction cost changes nec24 essary to account for unforeseen market volatility 

25 that may not otherwise be captured by engineering 


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1 cost indices, as determined by the Secretary, includ2 ing repricing applicable to the types of construction 

3 and current industry standards involved. 

4 (3) REPETITION.—The adjustment process 

5 under this subsection shall be repeated for each sub6 sequent amount appropriated until the applicable 

7 amount, as adjusted, has been appropriated. 

8 (4) PERIOD OF INDEXING.—The period of in9 dexing and adjustment under this subsection for any 

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

11 and shall end on the date on which funds are depos12 ited in the applicable Pueblo Trust Fund. 

13 (c) STATE COST SHARE.—Pursuant to the Agree14 ment, the State shall contribute— 

15 (1) $23,500,000, as adjusted for inflation pur16 suant to the Agreement, for the Joint Grants-Milan 

17 Project for Water Re-Use, Water Conservation and 

18 Augmentation of the Rio San Jose ́, the Village of 

19 Milan Projects Fund, and the City of Grants 

20 Projects Fund; 

21 (2) $12,000,000, as adjusted for the inflation 

22 pursuant to the Agreement, for Signatory Acequias 

23 Projects and Offset Projects Fund for the Associa24 tion of Community Ditches of the Rio San Jose ́; and 


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1 (3) $500,000, as adjusted for inflation pursu2 ant to the Agreement, to mitigate impairment to 

3 non-Pueblo domestic and livestock groundwater 

4 rights as a result of new Pueblo water use. 

5 SEC. 107. ENFORCEABILITY DATE. 

6 The Enforceability Date shall be the date on which 

7 the Secretary publishes in the Federal Register a state8 ment of findings that— 

9 (1) to the extent that the Agreement conflicts 

10 with this title, the Agreement has been amended to 

11 conform with this title; 

12 (2) the Agreement, as amended, has been exe13 cuted by all parties to the Agreement, including the 

14 United States; 

15 (3) all of the amounts appropriated under sec16 tion 106 have been appropriated and deposited in 

17 the designated accounts of the Pueblo Trust Fund; 

18 (4) the State has— 

19 (A) provided the funding under section 

20 106(c)(3) into appropriate funding accounts; 

21 (B) provided the funding under paragraphs 

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

23 funding accounts or entered into funding agree24 ments with the intended beneficiaries for fund25 ing under those paragraphs of that section; and 


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1 (C) enacted legislation to amend State law 

2 to provide that a Pueblo Water Right may be 

3 leased for a term not to exceed 99 years, in4 cluding renewals; 

5 (5) the Decree Court has approved the Agree6 ment and has entered a Partial Final Judgment and 

7 Decree; and 

8 (6) the waivers and releases under section 108 

9 have been executed by the Pueblos and the Sec10 retary. 

11 SEC. 108. WAIVERS AND RELEASES OF CLAIMS. 

12 (a) WAIVERS AND RELEASES OF CLAIMS BY PUEB13 LOS AND THE UNITED STATES AS TRUSTEE FOR PUEB14 LOS.—Subject to the reservation of rights and retention 

15 of claims under subsection (d), as consideration for rec16 ognition of the Pueblo Water Rights and other benefits 

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

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

19 execute a waiver and release of all claims for— 

20 (1) water rights within the Rio San Jose ́

21 Stream System that the Pueblos, or the United 

22 States acting as trustee for the Pueblos, asserted or 

23 could have asserted in any proceeding, including the 

24 Adjudication, on or before the Enforceability Date, 


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1 except to the extent that such rights are recognized 

2 in the Agreement and this title; and 

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

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

5 of water rights (including claims for injury to land 

6 resulting from such damages, losses, injuries, inter7 ference with, diversion, or taking of water rights) in 

8 waters in the Rio San Jose ́ Stream System against 

9 any party to the Agreement, including the members 

10 and parciantes of Signatory Acequias, that accrued 

11 at any time up to and including the Enforceability 

12 Date. 

13 (b) WAIVERS AND RELEASES OF CLAIMS BY PUEB14 LOS AGAINST UNITED STATES.—Subject to the reserva15 tion of rights and retention of claims under subsection (d), 

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

17 against the United States (including any agency or em18 ployee of the United States) first arising before the En19 forceability Date relating to— 

20 (1) water rights within the Rio San Jose ́

21 Stream System that the United States, acting as 

22 trustee for the Pueblos, asserted or could have as23 serted in any proceeding, including the Adjudication, 

24 except to the extent that such rights are recognized 

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


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

2 water, on and off Pueblo Land (including water 

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

4 San Jose ́ Stream System; 

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

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

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

8 injuries to hunting, fishing, gathering, or cultural 

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

10 relating to interference with, diversion of, or taking 

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

12 acquire, replace, or develop water, water rights, or 

13 water infrastructure) within the Rio San Jose ́

14 Stream System; 

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

16 or deferred maintenance for any irrigation system or 

17 irrigation project within the Rio San Jose ́ Stream 

18 System; 

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

20 rural, or industrial water delivery system on Pueblo 

21 Land within the Rio San Jose ́ Stream System; 

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

23 rights, land, or natural resources due to construc24 tion, operation, and management of irrigation 

25 projects on Pueblo Land (including damages, losses, 


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1 or injuries to fish habitat, wildlife, and wildlife habi2 tat) within the Rio San Jose ́ Stream System; 

3 (7) a failure to provide a dam safety improve4 ment to a dam on Pueblo Land within the Rio San 

5 Jose ́ Stream System; 

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

7 right of the Pueblos within the Rio San Jose ́ Stream 

8 System; and 

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

10 the Agreement (including attachments) and this 

11 title. 

12 (c) EFFECTIVE DATE.—The waivers and releases de13 scribed in subsections (a) and (b) shall take effect on the 

14 Enforceability Date. 

15 (d) RESERVATION OF RIGHTS AND RETENTION OF

16 CLAIMS.—Notwithstanding the waivers and releases under 

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

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

19 claims relating to— 

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

21 the Enforceability Date relating to, water rights rec22 ognized under the Agreement, this title, or the Par23 tial Final Judgment and Decree entered in the Ad24 judication; 


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1 (2) activities affecting the quality of water and 

2 the environment, including claims under— 

3 (A) the Comprehensive Environmental Re4 sponse, Compensation and Liability Act of 1980 

5 (42 U.S.C. 9601 et seq.), including claims for 

6 damages to natural resources; 

7 (B) the Safe Drinking Water Act (42 

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

9 (C) the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251 et seq.) (commonly re11 ferred to as the ‘‘Clean Water Act’’); and 

12 (D) any regulations implementing the Acts 

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

14 (3) the right to use and protect water rights ac15 quired after the date of enactment of this Act; 

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

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

18 rights, including hunting, fishing, gathering, or cul19 tural rights; 

20 (5) all claims for water rights, and claims for 

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

22 San Jose ́ Stream System, subject to article 8.5 of 

23 the Agreement with respect to the claims of the 

24 Pueblo of Laguna for water rights in the Rio Puerco 


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•S 595 IS

1 Basin and the claims of the Pueblo of Acoma for 

2 water rights in the Rio Salado Basin; 

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

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

5 of water or water rights; and 

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

7 powers, and claims not specifically waived and re8 leased pursuant to this title or the Agreement. 

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

10 in the Agreement or this title— 

11 (1) reduces or extends the sovereignty (includ12 ing civil and criminal jurisdiction) of any govern13 ment entity, except as provided in section 110; 

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

15 a sovereign, to carry out any activity authorized by 

16 law, including— 

17 (A) the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9601 et seq.); 

20 (B) the Safe Drinking Water Act (42 

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

22 (C) the Federal Water Pollution Control 

23 Act (33 U.S.C. 1251 et seq.) (commonly re24 ferred to as the ‘‘Clean Water Act’’); 


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1 (D) the Solid Waste Disposal Act (42 

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

3 (E) any regulations implementing the Acts 

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

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

6 act as trustee for the Pueblos (consistent with this 

7 title), any other pueblo or Indian Tribe, or an Allot8 tee of any Indian Tribe; 

9 (4) confers jurisdiction on any State court— 

10 (A) to interpret Federal law relating to 

11 health, safety, or the environment; 

12 (B) to determine the duties of the United 

13 States or any other party under Federal law re14 garding health, safety, or the environment; or 

15 (C) to conduct judicial review of any Fed16 eral agency action; or 

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

18 in an individual capacity that does not derive from 

19 a right of the Pueblos. 

20 (f) TOLLING OF CLAIMS.— 

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

22 limitation and time-based equitable defense relating 

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

24 the period beginning on the date of enactment of 

25 this Act and ending on the Enforceability Date. 


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

2 subsection revives any claim or tolls any period of 

3 limitation or time-based equitable defense that ex4 pired before the date of enactment of this Act. 

5 (3) LIMITATION.—Nothing in this section pre6 cludes the tolling of any period of limitation or any 

7 time-based equitable defense under any other appli8 cable law. 

9 (g) EXPIRATION.— 

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

11 case in which the Secretary fails to publish a state12 ment of findings under section 107 by not later 

13 than— 

14 (A) July 1, 2030; or 

15 (B) such alternative later date as is agreed 

16 to by the Pueblos and the Secretary, after pro17 viding reasonable notice to the State. 

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

19 paragraph (1)— 

20 (A) the waivers and releases under sub21 sections (a) and (b) shall— 

22 (i) expire; and 

23 (ii) have no further force or effect; 


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1 (B) the authorization, ratification, con2 firmation, and execution of the Agreement 

3 under section 103 shall no longer be effective; 

4 (C) any action carried out by the Sec5 retary, and any contract or agreement entered 

6 into, pursuant to this title shall be void; 

7 (D) any unexpended Federal funds appro8 priated or made available to carry out the ac9 tivities authorized by this title, together with 

10 any interest earned on those funds, and any 

11 water rights or contracts to use water and title 

12 to other property acquired or constructed with 

13 Federal funds appropriated or made available 

14 to carry out the activities authorized by this 

15 title, shall be returned to the Federal Govern16 ment, unless otherwise agreed to by the Pueblos 

17 and the United States and approved by Con18 gress; and 

19 (E) except for Federal funds used to ac20 quire or construct property that is returned to 

21 the Federal Government under subparagraph 

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

23 any Federal funds made available to carry out 

24 this title that were expended or withdrawn, or 

25 any funds made available to carry out this title 


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•S 595 IS

1 from other Federal authorized sources, together 

2 with any interest accrued on those funds, 

3 against any claims against the United States— 

4 (i) relating to— 

5 (I) water rights in the State as6 serted by— 

7 (aa) the Pueblos; or 

8 (bb) any user of the Pueblo 

9 Water Rights; or 

10 (II) any other matter covered by 

11 subsection (b); or 

12 (ii) in any future settlement of water 

13 rights of the Pueblos. 

14 SEC. 109. SATISFACTION OF CLAIMS. 

15 The benefits provided under this title shall be in com16 plete replacement of, complete substitution for, and full 

17 satisfaction of any claim of the Pueblos against the United 

18 States that are waived and released by the Pueblos pursu19 ant to section 108(b). 

20 SEC. 110. CONSENT OF UNITED STATES TO JURISDICTION 

21 FOR JUDICIAL REVIEW OF A PUEBLO WATER 

22 RIGHT PERMIT DECISION. 

23 (a) CONSENT.—On the Enforceability Date, the con24 sent of the United States is hereby given, with the consent 

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


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•S 595 IS

1 jurisdiction in the District Court for the Thirteenth Judi2 cial District of the State of New Mexico, and in the New 

3 Mexico Court of Appeals and the New Mexico Supreme 

4 Court on appeal therefrom in the same manner as pro5 vided under New Mexico law, over an action filed in such 

6 District Court by any party to a Pueblo Water Rights Per7 mit administrative proceeding under article 11.4 of the 

8 Agreement for the limited and sole purpose of judicial re9 view of a Pueblo Water Right Permit decision under arti10 cle 11.5 of the Agreement. 

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

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

13 record developed through the administrative process of the 

14 Pueblo, under a standard of judicial review limited to de15 termining whether the Pueblo decision on the application 

16 for Pueblo Water Right Permit— 

17 (1) is supported by substantial evidence; 

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

19 law; 

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

21 the Partial Final Judgment and Decree; or 

22 (4) shows that the Pueblo acted fraudulently or 

23 outside the scope of its authority. 

24 (c) PUEBLO WATER CODE AND INTERPRETATION.— 


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1 (1) IN GENERAL.—Pueblo Water Code or Pueb2 lo Water Law provisions that meet the requirements 

3 of article 11 of the Agreement shall be given full 

4 faith and credit in any proceeding described in this 

5 section. 

6 (2) PROVISIONS OF THE PUEBLO WATER

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

8 judicial review under this section must interpret pro9 visions of Pueblo law that are not express provisions 

10 of the Pueblo Water Code, the State court shall cer11 tify the question of interpretation to the Pueblo 

12 court. 

13 (3) NO CERTIFICATION.—Any issues of inter14 pretation of standards in article 11.6 of the Agree15 ment are not subject to certification. 

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

17 the jurisdiction of the Decree Court to interpret and 

18 enforce the Agreement. 

19 SEC. 111. MISCELLANEOUS PROVISIONS. 

20 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

21 UNITED STATES.—Nothing in this title waives the sov22 ereign immunity of the United States. 

23 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

24 Nothing in this title quantifies or diminishes any land or 

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


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

2 Pueblos. 

3 (c) ALLOTTEES NOT ADVERSELY AFFECTED.— 

4 Nothing in this title quantifies or diminishes any water 

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

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

7 title affects any provision of law (including regulations) 

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

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

10 environmental enforcement action. 

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

12 Agreement and this title, this title shall control. 

13 SEC. 112. ANTIDEFICIENCY. 

14 The United States shall not be liable for any failure 

15 to carry out any obligation or activity authorized by this 

16 title, including any obligation or activity under the Agree17 ment, if adequate appropriations are not provided ex18 pressly by Congress to carry out the purposes of this title. 

19 TITLE II—PUEBLOS OF JEMEZ 

20 AND ZIA WATER RIGHTS SET21 TLEMENT 

22 SEC. 201. PURPOSES. 

23 The purposes of this title are— 

24 (1) to achieve a fair, equitable, and final settle25 ment of all claims to water rights in the Jemez 


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1 River Stream System in the State of New Mexico 

2 for— 

3 (A) the Pueblo of Jemez; 

4 (B) the Pueblo of Zia; and 

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

6 the Pueblos of Jemez and Zia; 

7 (2) to authorize, ratify, and confirm the Agree8 ment entered into by the Pueblos, the State, and 

9 various other parties to the extent that the Agree10 ment is consistent with this title; 

11 (3) to authorize and direct the Secretary— 

12 (A) to execute the Agreement; and 

13 (B) to take any other actions necessary to 

14 carry out the Agreement in accordance with 

15 this title; and 

16 (4) to authorize funds necessary for the imple17 mentation of the Agreement and this title. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

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

21 means the adjudication of water rights pending be22 fore the United States District Court for the Dis23 trict of New Mexico: United States of America, on 

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

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


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•S 595 IS

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

2 Jemez, Santa Ana, and Zia, Plaintiffs-in-Interven3 tion v. Tom Abousleman, et al., Defendants, Civil 

4 No. 83–cv–01041 (KR). 

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

6 means— 

7 (A) the document entitled ‘‘Pueblos of 

8 Jemez and Zia Water Rights Settlement Agree9 ment’’ and dated May 11, 2022, and the appen10 dices and exhibits attached thereto; and 

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

13 amendment to an appendix or exhibit) that is 

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

16 (3) ENFORCEABILITY DATE.—The term ‘‘En17 forceability Date’’ means the date described in sec18 tion 207. 

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

20 ‘‘Jemez River Stream System’’ means the geo21 graphic extent of the area involved in the Adjudica22 tion. 

23 (5) PARTIAL FINAL JUDGMENT AND DECREE.— 

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

25 means a final or interlocutory partial final judgment 


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•S 595 IS

1 and decree entered by the United States District 

2 Court for the District of New Mexico with respect 

3 to the water rights of the Pueblos— 

4 (A) that is substantially in the form de5 scribed in the Agreement, as amended to ensure 

6 consistency with this title; and 

7 (B) from which no further appeal may be 

8 taken. 

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

10 of— 

11 (A) the Pueblo of Jemez; or 

12 (B) the Pueblo of Zia. 

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

14 means any real property that is— 

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

16 a Pueblo within the Jemez River Stream Sys17 tem; 

18 (B) owned by a Pueblo within the Jemez 

19 River Stream System before the date on which 

20 a court approves the Agreement; or 

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

22 date on which a court approves the Agreement 

23 if the real property— 

24 (i) is located within the exterior 

25 boundaries of the Pueblo, as recognized 


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•S 595 IS

1 and confirmed by a patent issued under 

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

3 374, chapter V); 

4 (ii) is located within the exterior 

5 boundaries of any territory set aside for a 

6 Pueblo by law, executive order, or court 

7 decree; 

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

9 the United States in trust for the benefit 

10 of a Pueblo outside the Jemez River 

11 Stream System that is located within the 

12 exterior boundaries of the Pueblo, as rec13 ognized and confirmed by a patent issued 

14 under the Act of December 22, 1858 (11 

15 Stat. 374, chapter V); or 

16 (iv) is located within the exterior 

17 boundaries of any real property located 

18 outside the Jemez River Stream System 

19 set aside for a Pueblo by law, executive 

20 order, or court decree if the land is within 

21 or contiguous to land held by the United 

22 States in trust for the Pueblo as of June 

23 1, 2022. 

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

25 Trust Fund’’ means— 


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1 (A) the Pueblo of Jemez Settlement Trust 

2 Fund established under section 205(a); and 

3 (B) the Pueblo of Zia Settlement Trust 

4 Fund established under that section. 

5 (9) PUEBLO WATER RIGHTS.—The term ‘‘Pueb6 lo Water Rights’’ means the respective water rights 

7 of the Pueblos— 

8 (A) as identified in the Agreement and sec9 tion 204; and 

10 (B) as confirmed in the Partial Final 

11 Judgment and Decree. 

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

13 (A) the Pueblo of Jemez; and 

14 (B) the Pueblo of Zia. 

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

16 means the Secretary of the Interior. 

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

18 State of New Mexico and all officers, agents, depart19 ments, and political subdivisions of the State of New 

20 Mexico. 

21 SEC. 203. RATIFICATION OF AGREEMENT. 

22 (a) RATIFICATION.— 

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

24 title and to the extent that the Agreement does not 


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1 conflict with this title, the Agreement is authorized, 

2 ratified, and confirmed. 

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

4 Agreement, or to any appendix or exhibit attached 

5 to the Agreement requiring the signature of the Sec6 retary, is executed in accordance with this title to 

7 make the Agreement consistent with this title, the 

8 amendment is authorized, 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 appendices or 

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

14 signature of 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 appendix or exhibit to the Agree19 ment, that is consistent with this title, to the extent 

20 that the modification does not otherwise require con21 gressional approval under section 2116 of the Re22 vised Statutes (25 U.S.C. 177) or any other applica23 ble 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 this sub13 section 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. 204. 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.—State5 law based water rights acquired by a Pueblo, or by 

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

7 date for inclusion in the Partial Final Judgment and 

8 Decree, shall not be subject to forfeiture, abandon9 ment, or permanent alienation from the time they 

10 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) AUTHORITY OF THE PUEBLOS.— 

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

16 authority to allocate, distribute, and lease the Pueblo 

17 Water Rights for use on Pueblo Land in accordance 

18 with the Agreement, this title, and applicable Fed19 eral law. 

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

21 allocate, distribute, and lease the Pueblo Water 

22 Rights for use off Pueblo Land in accordance with 

23 the Agreement, this title, and applicable Federal 

24 law, subject to the approval of the Secretary. 

25 (e) ADMINISTRATION.— 


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

2 permanently alienate any portion of the Pueblo 

3 Water Rights. 

4 (2) PURCHASES OR GRANTS OF LAND FROM IN5 DIANS.—An authorization provided by this title for 

6 the allocation, distribution, leasing, or other ar7 rangement entered into pursuant to this title shall 

8 be considered to satisfy any requirement for author9 ization of the action required by Federal law. 

10 (3) PROHIBITION ON FORFEITURE.—The non11 use of all or any portion of the Pueblo Water Rights 

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

13 abandonment, relinquishment, or other loss of all or 

14 any portion of the Pueblo Water Rights. 

15 SEC. 205. SETTLEMENT TRUST FUNDS. 

16 (a) ESTABLISHMENT.—The Secretary shall establish 

17 2 trust funds, to be known as the ‘‘Pueblo of Jemez Settle18 ment Trust Fund’’ and the ‘‘Pueblo of Zia Settlement 

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

20 the Secretary and to remain available until expended, 

21 withdrawn, or reverted to the general fund of the Treas22 ury, consisting of the amounts deposited in the Pueblo 

23 Trust Funds under subsection (b), together with any in24 vestment earnings, including interest, earned on those 

25 amounts for the purpose of carrying out this title. 


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

2 Pueblo Trust Fund the amounts made available pursuant 

3 to section 206(a). 

4 (c) MANAGEMENT AND INTEREST.— 

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

6 funds into the Pueblo Trust Funds under subsection 

7 (b), the Secretary shall manage, invest, and dis8 tribute all amounts in the Pueblo Trust Funds in a 

9 manner that is consistent with the investment au10 thority of the Secretary under— 

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

12 1938 (25 U.S.C. 162a); 

13 (B) the American Indian Trust Fund Man14 agement Reform Act of 1994 (25 U.S.C. 4001 

15 et seq.); and 

16 (C) this subsection. 

17 (2) INVESTMENT EARNINGS.—In addition to 

18 the deposits made to each Pueblo Trust Fund under 

19 subsection (b), any investment earnings, including 

20 interest, earned on those amounts held in each 

21 Pueblo Trust Fund are authorized to be used in ac22 cordance with subsections (e) and (g). 

23 (d) AVAILABILITY OF AMOUNTS.— 

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

25 and deposited in, each Pueblo Trust Fund, including 


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1 any investment earnings (including interest) earned 

2 on those amounts, shall be made available to each 

3 Pueblo by the Secretary beginning on the Enforce4 ability Date, subject to the requirements of this sec5 tion, except for funds to be made available to the 

6 Pueblos pursuant to paragraph (2). 

7 (2) USE OF FUNDS.—Notwithstanding para8 graph (1), $25,000,000 of the amounts deposited in 

9 each Pueblo Trust Fund shall be available to the ap10 propriate Pueblo for— 

11 (A) developing economic water develop12 ment plans; 

13 (B) preparing environmental compliance 

14 documents; 

15 (C) preparing water project engineering 

16 designs; 

17 (D) establishing and operating a water re18 source department; 

19 (E) installing supplemental irrigation 

20 groundwater wells; and 

21 (F) developing water measurement and re22 porting water use plans. 

23 (e) 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 the Pueblo 

6 Trust Fund on approval by the Secretary of a 

7 Tribal management plan submitted by the 

8 Pueblo in accordance with the American Indian 

9 Trust Fund Management Reform Act of 1994 

10 (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 Fund of the Pueblo under subparagraph 

4 (A) are used 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), each Pueblo shall sub14 mit to the Secretary an expenditure plan for 

15 any portion of the Pueblo Trust Fund that the 

16 Pueblo elects to withdraw pursuant to that sub17 paragraph, subject to the condition that the 

18 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 (g). 

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

17 gives the Pueblos the right to judicial review of a deter18 mination of the Secretary relating to whether to approve 

19 a Tribal management plan under paragraph (1) of sub20 section (e) or an expenditure plan under paragraph (2) 

21 of that subsection except under subchapter II of chapter 

22 5, and chapter 7, of title 5, United States Code (commonly 

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


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

2 only be used by the appropriate Pueblo for the following 

3 purposes: 

4 (1) Planning, permitting, designing, engineer5 ing, constructing, reconstructing, replacing, rehabili6 tating, operating, or repairing water production, 

7 treatment, or delivery infrastructure, including for 

8 domestic and municipal use, on-farm improvements, 

9 or wastewater infrastructure. 

10 (2) Watershed protection and enhancement, 

11 support of agriculture, water-related Pueblo commu12 nity welfare and economic development, and costs 

13 related to implementation of the Agreement. 

14 (3) Planning, permitting, designing, engineer15 ing, construction, reconstructing, replacing, rehabili16 tating, operating, or repairing water production of 

17 delivery infrastructure of the Augmentation Project, 

18 as set forth in the Agreement. 

19 (4) Ensuring environmental compliance in the 

20 development and construction of projects under this 

21 title. 

22 (5) The management and administration of the 

23 Pueblo Water Rights. 

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

25 the Treasury shall not be liable for the expenditure or inVerDate Sep 11 2014 00:40 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595

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1 vestment of any amounts withdrawn from a Pueblo Trust 

2 Fund by a Pueblo under paragraph (1) or (2) of sub3 section (e). 

4 (i) EXPENDITURE REPORTS.—Each Pueblo shall an5 nually submit to the Secretary an expenditure report de6 scribing accomplishments and amounts spent from use of 

7 withdrawals under a Tribal management plan or an ex8 penditure plan under paragraph (1) or (2) of subsection 

9 (e), as applicable. 

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

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

12 basis to any member of a Pueblo. 

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

14 over, and operation of any project constructed using funds 

15 from a Pueblo Trust Fund shall remain in the appropriate 

16 Pueblo. 

17 (l) OPERATION, MAINTENANCE, AND REPLACE18 MENT.—All operation, maintenance, and replacement 

19 costs of any project constructed using funds from a Pueblo 

20 Trust Fund shall be the responsibility of the appropriate 

21 Pueblo. 

22 SEC. 206. FUNDING. 

23 (a) MANDATORY APPROPRIATION.—Out of any 

24 money in the Treasury not otherwise appropriated, the 


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1 Secretary of the Treasury shall transfer to the Sec2 retary— 

3 (1) for deposit in the Pueblo of Jemez Settle4 ment Trust Fund established under section 205(a) 

5 $290,000,000, to remain available until expended, 

6 withdrawn, or reverted to the general fund of the 

7 Treasury; and 

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

9 Trust Fund established under that section 

10 $200,000,000, to remain available until expended, 

11 withdrawn, or reverted to the general fund of the 

12 Treasury. 

13 (b) FLUCTUATION IN COSTS.— 

14 (1) IN GENERAL.—The amount appropriated 

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

16 as appropriate, by such amounts as may be justified 

17 by reason of ordinary fluctuations in costs, as indi18 cated by the Bureau of Reclamation Construction 

19 Cost Index–Composite Trend. 

20 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

21 amount appropriated under subsection (a) shall be 

22 adjusted to address construction cost changes nec23 essary to account for unforeseen market volatility 

24 that may not otherwise be captured by engineering 

25 cost indices, as determined by the Secretary, includVerDate Sep 11 2014 00:40 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595

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1 ing repricing applicable to the types of construction 

2 and current industry standards involved. 

3 (3) REPETITION.—The adjustment process 

4 under this subsection shall be repeated for each sub5 sequent amount appropriated until the applicable 

6 amount, as adjusted, has been appropriated. 

7 (4) PERIOD OF INDEXING.—The period of in8 dexing adjustment under this subsection for any in9 crement of funding shall start on October 1, 2021, 

10 and end on the date on which the funds are depos11 ited in the applicable Pueblo Trust Fund. 

12 (c) STATE COST SHARE.—The State shall con13 tribute— 

14 (1) $3,400,000, as adjusted for inflation pursu15 ant to the Agreement, to the San Ysidro Community 

16 Ditch Association for capital and operating expenses 

17 of the mutual benefit Augmentation Project; 

18 (2) $16,159,000, as adjusted for inflation pur19 suant to the Agreement, for Jemez River Basin 

20 Water Users Coalition acequia ditch improvements; 

21 and 

22 (3) $500,000, as adjusted for inflation, to miti23 gate impairment to non-Pueblo domestic and live24 stock groundwater rights as a result of new Pueblo 

25 water use. 


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1 SEC. 207. ENFORCEABILITY DATE. 

2 The Enforceability Date shall be the date on which 

3 the Secretary publishes in the Federal Register a state4 ment of findings that— 

5 (1) to the extent that the Agreement conflicts 

6 with this title, the Agreement has been amended to 

7 conform with this title; 

8 (2) the Agreement, as amended, has been exe9 cuted by all parties to the Agreement, including the 

10 United States; 

11 (3) the United States District Court for the 

12 District of New Mexico has approved the Agreement 

13 and has entered a Partial Final Judgment and De14 cree; 

15 (4) all of the amounts appropriated under sec16 tion 206 have been appropriated and deposited in 

17 the designated accounts of the applicable Pueblo 

18 Trust Fund; 

19 (5) the State has— 

20 (A) provided the funding under section 

21 206(c)(2) into appropriate funding accounts; 

22 (B) provided the funding under section 

23 206(c)(1) or entered into a funding agreement 

24 with the intended beneficiaries for that funding; 

25 and 


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1 (C) enacted legislation to amend State law 

2 to provide that a Pueblo Water Right may be 

3 leased for a term of not to exceed 99 years, in4 cluding renewals; 

5 (6) the waivers and releases under section sub6 sections (a) and (b) of section 208 have been exe7 cuted by the Pueblos and the Secretary; and 

8 (7) the waivers and releases under section 208 

9 have been executed by the Pueblos and the Sec10 retary. 

11 SEC. 208. WAIVERS AND RELEASES OF CLAIMS. 

12 (a) WAIVERS AND RELEASES OF CLAIMS BY PUEB13 LOS AND UNITED STATES AS TRUSTEE FOR PUEBLOS.— 

14 Subject to the reservation of rights and retention of claims 

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

16 the Pueblo Water Rights and other benefits described in 

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

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

19 waiver and release of all claims for— 

20 (1) water rights within the Jemez River Stream 

21 System that the Pueblos, or the United States act22 ing as trustee for the Pueblos, asserted or could 

23 have asserted in any proceeding, including the Adju24 dication, on or before the Enforceability Date, exVerDate Sep 11 2014 00:40 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595

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1 cept to the extent that such a right is recognized in 

2 the Agreement and this title; and 

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

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

5 of water rights (including claims for injury to land 

6 resulting from such damages, losses, injuries, inter7 ference, diversion, or taking of water rights) in the 

8 Jemez River Stream System against any party to a 

9 settlement, including the members and parciantes of 

10 signatory acequias, that accrued at any time up to 

11 and including the Enforceability Date. 

12 (b) WAIVERS AND RELEASES OF CLAIMS BY PUEB13 LOS AGAINST UNITED STATES.—Subject to the reserva14 tion of rights and retention of claims under subsection (d), 

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

16 against the United States (including any agency or em17 ployee of the United States) for water rights within the 

18 Jemez River Stream System first arising before the En19 forceability Date relating to— 

20 (1) water rights within the Jemez River Stream 

21 System that the United States, acting as trustee for 

22 the Pueblos, asserted or could have asserted in any 

23 proceeding, including the Adjudication, except to the 

24 extent that such rights are recognized as part of the 

25 Pueblo Water Rights under this title; 


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

2 water, on and off Pueblo Land (including water 

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

4 River Stream System; 

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

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

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

8 injuries to hunting, fishing, gathering, or cultural 

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

10 relating to interference with, diversion of, or taking 

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

12 acquire, replace, or develop water, water rights, or 

13 water infrastructure) within the Jemez River Stream 

14 System; 

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

16 rural, or industrial water delivery system on Pueblo 

17 Land within the Jemez River Stream System; 

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

19 rights, land, or natural resources due to construc20 tion, operation, and management of irrigation 

21 projects on Pueblo Land or Federal land (including 

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

23 and wildlife habitat) within the Jemez River Stream 

24 System; 


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1 (6) a failure to provide for operation, mainte2 nance, or deferred maintenance for any irrigation 

3 system or irrigation project within the Jemez River 

4 Stream System; 

5 (7) a failure to provide a dam safety improve6 ment to a dam on Pueblo Land within the Jemez 

7 River Stream System; 

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

9 right of a Pueblo within the Jemez River Stream 

10 System; and 

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

12 the Agreement (including exhibits or appendices) 

13 and this title. 

14 (c) EFFECTIVE DATE.—The waivers and releases de15 scribed in subsections (a) and (b) shall take effect on the 

16 Enforceability Date. 

17 (d) RESERVATION OF RIGHTS AND RETENTION OF

18 CLAIMS.—Notwithstanding the waivers and releases under 

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

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

21 claims relating to— 

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

23 the Enforceability Date relating to, water rights rec24 ognized under the Agreement, this title, or the ParVerDate Sep 11 2014 00:40 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595

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1 tial Final Judgement and Decree entered into in the 

2 Adjudication; 

3 (2) activities affecting the quality of water, in4 cluding claims under— 

5 (A) the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act of 

7 1980 (42 U.S.C. 9601 et seq.), including claims 

8 for damages to natural resources; 

9 (B) the Safe Drinking Water Act (42 

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

11 (C) the Federal Water Pollution Control 

12 Act (33 U.S.C. 1251 et seq.) (commonly re13 ferred to as the ‘‘Clean Water Act’’); and 

14 (D) any regulations implementing the Acts 

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

16 (3) the right to use and protect water rights ac17 quired after the date of enactment of this Act; 

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

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

20 rights, including hunting, fishing, gathering, or cul21 tural rights; 

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

23 and powers not specifically waived and released pur24 suant to this title or the Agreement; and 


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

2 outside of the Jemez River Stream System. 

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

4 in the Agreement or this title— 

5 (1) reduces or extends the sovereignty (includ6 ing civil and criminal jurisdiction) of any govern7 ment entity; 

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

9 sovereign, to carry out any activity authorized by 

10 law, including— 

11 (A) the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 

13 1980 (42 U.S.C. 9601 et seq.); 

14 (B) the Safe Drinking Water Act (42 

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

16 (C) the Federal Water Pollution Control 

17 Act (33 U.S.C. 1251 et seq.) (commonly re18 ferred to as the ‘‘Clean Water Act’’); 

19 (D) the Solid Waste Disposal Act (42 

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

21 (E) any regulations implementing the Acts 

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

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

24 act as trustee for the Pueblos (consistent with this 


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1 title), any other pueblo or Indian Tribe, or an allot2 tee of any Indian Tribe; 

3 (4) confers jurisdiction on any State court— 

4 (A) to interpret Federal law relating to 

5 health, safety, or the environment; 

6 (B) to determine the duties of the United 

7 States or any other party under Federal law re8 garding health, safety, or the environment; 

9 (C) to conduct judicial review of any Fed10 eral agency action; or 

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

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

13 in an individual capacity that does not derive from 

14 a right of the Pueblos. 

15 (f) TOLLING OF CLAIMS.— 

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

17 limitation and time-based equitable defense relating 

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

19 the period beginning on the date of enactment of 

20 this Act and ending on the Enforceability Date. 

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

22 subsection revives any claim or tolls any period of 

23 limitation or time-based equitable defense that ex24 pired before the date of enactment of this Act. 


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1 (3) LIMITATION.—Nothing in this section pre2 cludes the tolling of any period of limitation or any 

3 time-based equitable defense under any other appli4 cable law. 

5 (g) EXPIRATION.— 

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

7 case in which the Secretary fails to publish a state8 ment of findings under section 207 by not later 

9 than— 

10 (A) July 1, 2030; or 

11 (B) such alternative later date as is agreed 

12 to by the Pueblos and the Secretary, after pro13 viding reasonable notice to the State. 

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

15 paragraph (1)— 

16 (A) the waivers and releases under sub17 sections (a) and (b) shall— 

18 (i) expire; and 

19 (ii) have no further force or effect; 

20 (B) the authorization, ratification, con21 firmation, and execution of the Agreement 

22 under section 203 shall no longer be effective; 

23 (C) any action carried out by the Sec24 retary, and any contract or agreement entered 

25 into, pursuant to this title shall be void; 


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1 (D) any unexpended Federal funds appro2 priated or made available to carry out the ac3 tivities authorized by this title, together with 

4 any interest earned on those funds, and any 

5 water rights or contracts to use water and title 

6 to other property acquired or constructed with 

7 Federal funds appropriated or made available 

8 to carry out the activities authorized by this 

9 title shall be returned to the Federal Govern10 ment, unless otherwise agreed to by the Pueblos 

11 and the United States and approved by Con12 gress; and 

13 (E) except for Federal funds used to ac14 quire or construct property that is returned to 

15 the Federal Government under subparagraph 

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

17 any Federal funds made available to carry out 

18 this title that were expended or withdrawn, or 

19 any funds made available to carry out this title 

20 from other Federal authorized sources, together 

21 with any interest accrued on those funds, 

22 against any claims against the United States— 

23 (i) relating to— 

24 (I) water rights in the State as25 serted by— 


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1 (aa) the Pueblos; or 

2 (bb) any user of the Pueblo 

3 Water Rights; or 

4 (II) any other matter covered by 

5 subsection (b); or 

6 (ii) in any future settlement of water 

7 rights of the Pueblos. 

8 SEC. 209. SATISFACTION OF CLAIMS. 

9 The benefits provided under this title shall be in com10 plete replacement of, complete substitution for, and full 

11 satisfaction of any claim of the Pueblos against the United 

12 States that are waived and released by the Pueblos pursu13 ant to section 208(b). 

14 SEC. 210. MISCELLANEOUS PROVISIONS. 

15 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

16 UNITED STATES.—Nothing in this title waives the sov17 ereign immunity of the United States. 

18 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

19 Nothing in this title quantifies or diminishes any land or 

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

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

22 Pueblos. 

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

24 title affects any provision of law (including regulations) 

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


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

2 environmental enforcement action. 

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

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

5 SEC. 211. ANTIDEFICIENCY. 

6 The United States shall not be liable for any failure 

7 to carry out any obligation or activity authorized by this 

8 title, including any obligation or activity under the Agree9 ment, if adequate appropriations are not provided ex10 pressly by Congress to carry out the purposes of this title. 

Æ 


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