II 

Calendar No. 663 

118TH CONGRESS 

2D SESSION S. 4505 

[Report No. 118–261] 

To approve the settlement of water rights claims of Ohkay Owingeh in 

the Rio Chama Stream System, to restore the Bosque on Pueblo Land 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2024 

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 4, 2024 

Reported by Mr. SCHATZ, without amendment 

A BILL 

To approve the settlement of water rights claims of Ohkay 

Owingeh in the Rio Chama Stream System, to restore 

the Bosque on Pueblo Land 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 ‘‘Ohkay Owingeh Rio Chama Water Rights Settlement Act 

4 of 2024’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Ratification of Agreement. 

Sec. 5. Pueblo Water Rights. 

Sec. 6. Settlement Trust Fund. 

Sec. 7. Funding. 

Sec. 8. Enforceability Date. 

Sec. 9. Waivers and releases of claims. 

Sec. 10. Satisfaction of claims. 

Sec. 11. Miscellaneous provisions. 

Sec. 12. Antideficiency. 

7 SEC. 2. PURPOSES. 

8 The purposes of this Act are— 

9 (1) to achieve a fair, equitable, and final settle10 ment of all claims to water rights in the Rio Chama 

11 Stream System in the State for— 

12 (A) Ohkay Owingeh; and 

13 (B) the United States, acting as trustee 

14 for Ohkay Owingeh; 

15 (2) to authorize, ratify, and confirm the Agree16 ment entered into by Ohkay Owingeh, the State, and 

17 various other parties to the extent that the Agree18 ment is consistent with this Act; 

19 (3) to authorize and direct the Secretary— 

20 (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 Act; and 

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

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

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

9 means the general stream adjudication of water 

10 rights in the Rio Chama Stream System entitled 

11 ‘‘State of New Mexico ex rel. State Engineer v. Ara12 gon’’, Civil No. 69–CV–07941–KWR/KK, pending, 

13 as of the date of enactment of this Act, in the 

14 United States District Court for the District of New 

15 Mexico. 

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

17 means— 

18 (A) the document entitled ‘‘Ohkay 

19 Owingeh Rio Chama Water Rights Settlement’’ 

20 and dated July 5, 2023, and the exhibits at21 tached thereto; and 

22 (B) any amendment to the document re23 ferred to in subparagraph (A) (including an 

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1 cuted to ensure that the Agreement is con2 sistent with this Act. 

3 (3) BOSQUE.—The term ‘‘bosque’’ means a gal4 lery forest located along the riparian floodplain of a 

5 stream, riverbank, or lake. 

6 (4) CITY OF ESPAN ̃OLA.—The term ‘‘City of 

7 Espan ̃ola’’ means a municipal corporation of the 

8 State. 

9 (5) ENFORCEABILITY DATE.—The term ‘‘En10 forceability Date’’ means the date described in sec11 tion 8. 

12 (6) OHKAY OWINGEH; PUEBLO.—The terms 

13 ‘‘Ohkay Owingeh’’ and ‘‘Pueblo’’ mean the body 

14 politic and federally recognized Indian nation. 

15 (7) PARTIAL FINAL JUDGMENT AND DECREE.— 

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

17 means a final or interlocutory partial final judgment 

18 and decree entered by the United States District 

19 Court for the District of New Mexico with respect 

20 to the water rights of Ohkay Owingeh in the Rio 

21 Chama Stream System— 

22 (A) that is substantially in the form de23 scribed in the Agreement, as amended to ensure 

24 consistency with this Act; and 


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1 (B) from which no further appeal may be 

2 taken. 

3 (8) PUEBLO GRANT.—The term ‘‘Pueblo 

4 Grant’’ means the land recognized and confirmed by 

5 the Federal patent issued to Ohkay Owingeh (then 

6 known as the ‘‘Pueblo of San Juan’’) under the Act 

7 of December 22, 1858 (11 Stat. 374, chapter V). 

8 (9) PUEBLO LAND.—The term ‘‘Pueblo Land’’ 

9 means any real property that is— 

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

11 Ohkay Owingeh within the Rio Chama Stream 

12 System; 

13 (B) owned by the Pueblo within the Rio 

14 Chama Stream System before the Enforce15 ability Date; or 

16 (C) acquired by the Pueblo within the Rio 

17 Chama Stream System on or after the Enforce18 ability Date if the real property is located— 

19 (i) within the exterior boundaries of 

20 the Pueblo Grant; or 

21 (ii) within the exterior boundaries of 

22 any territory set aside for the Pueblo by 

23 law, Executive order, or court decree. 


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1 (10) PUEBLO WATER RIGHTS.—The term 

2 ‘‘Pueblo Water Rights’’ means the water rights of 

3 Ohkay Owingeh in the Rio Chama Stream System— 

4 (A) as identified in the Agreement and sec5 tion 5; and 

6 (B) as confirmed in the Partial Final 

7 Judgment and Decree. 

8 (11) RIO CHAMA STREAM SYSTEM.—The term 

9 ‘‘Rio Chama Stream System’’ means the Rio Chama 

10 surface water drainage basin within the State, as il11 lustrated in Exhibit A to the Agreement. 

12 (12) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of the Interior. 

14 (13) SIGNATORY ACEQUIA.—The term ‘‘Signa15 tory Acequia’’ means an acequia that is a signatory 

16 to the Agreement. 

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

18 State of New Mexico. 

19 (15) TRUST FUND.—The term ‘‘Trust Fund’’ 

20 means the Ohkay Owingeh Water Rights Settlement 

21 Trust Fund established under section 6(a). 

22 SEC. 4. RATIFICATION OF AGREEMENT. 

23 (a) RATIFICATION.— 

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

25 Act, and to the extent that the Agreement does not 


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1 conflict with this Act, the Agreement is authorized, 

2 ratified, and confirmed. 

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

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

6 accordance with this Act to make the Agreement 

7 consistent with this Act, 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 Act, the Secretary shall 

12 execute the Agreement, including all exhibits thereto 

13 or parts of the Agreement requiring the signature of 

14 the Secretary. 

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

19 consistent with this Act, to the extent that the modi20 fication does not otherwise require congressional ap21 proval under section 2116 of the Revised Statutes 

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

23 Federal law. 

24 (c) ENVIRONMENTAL COMPLIANCE.— 


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1 (1) IN GENERAL.—In implementing the Agree2 ment and this Act, 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 AND COORDINATION.— 

12 (A) IN GENERAL.—In implementing the 

13 Agreement and this Act, the Pueblo 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 (C) COORDINATION WITH ARMY CORPS OF

7 ENGINEERS.—For any bosque restoration or 

8 improvement project carried out by the Pueblo 

9 with funds appropriated under this Act, the 

10 Pueblo shall coordinate with the Corps of Engi11 neers to ensure that work on the project shall 

12 not interfere with or adversely affect any au13 thorized Federal project that is under the juris14 diction and authority of the Corps of Engineers. 

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

16 the Agreement by the Secretary under this section 

17 shall not constitute a major Federal action under 

18 the National Environmental Policy Act of 1969 (42 

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

20 (4) COSTS.—Any costs associated with the per21 formance of the compliance and coordination activi22 ties under this subsection shall be paid from funds 

23 deposited in the Trust Fund, subject to the condi24 tion that any costs associated with the performance 

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1 ance work or costs associated with inherently Fed2 eral functions shall remain the responsibility of the 

3 Secretary, with the exception that costs for review of 

4 bosque restoration or improvement projects by the 

5 Corps of Engineers described in paragraph (2)(C) 

6 shall be paid from funds deposited in the Trust 

7 Fund. 

8 SEC. 5. PUEBLO WATER RIGHTS. 

9 (a) TRUST STATUS OF THE PUEBLO WATER

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

11 by the United States on behalf of Ohkay Owingeh in ac12 cordance with the Agreement and this Act. 

13 (b) FORFEITURE AND ABANDONMENT.— 

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

15 shall not be subject to loss through non-use, for16 feiture, abandonment, or other operation of law. 

17 (2) STATE LAW-BASED WATER RIGHTS.—State18 law based water rights acquired by Ohkay Owingeh, 

19 or by the United States on behalf of Ohkay 

20 Owingeh, after the date for inclusion in the Partial 

21 Final Judgment and Decree, shall not be subject to 

22 forfeiture, abandonment, or permanent alienation 

23 from the time they are acquired. 


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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 Act. 

4 (d) AUTHORITY OF THE PUEBLO.— 

5 (1) IN GENERAL.—Ohkay Owingeh may allo6 cate, distribute, and lease the Pueblo Water Rights 

7 for use on Pueblo Land in accordance with the 

8 Agreement, this Act, and applicable Federal law, in9 cluding the Act of August 9, 1955 (25 U.S.C. 415 

10 et seq.) (commonly known as the ‘‘Long-Term Leas11 ing Act’’). 

12 (2) USE OFF PUEBLO LAND.— 

13 (A) IN GENERAL.—Ohkay Owingeh may 

14 allocate, distribute, and lease the Pueblo Water 

15 Rights for use off Pueblo Land in accordance 

16 with the Agreement, this Act, and applicable 

17 Federal law, subject to the approval of the Sec18 retary. 

19 (B) MAXIMUM TERM OF LEASES.—The 

20 maximum term of any lease, including all re21 newals, under this paragraph shall not exceed 

22 99 years. 

23 (e) ADMINISTRATION.— 


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1 (1) NO ALIENATION.—The Pueblo 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 Act for 

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

8 considered to satisfy any requirement for authoriza9 tion 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. 6. SETTLEMENT TRUST FUND. 

16 (a) ESTABLISHMENT.—The Secretary shall establish 

17 a trust fund, to be known as the ‘‘Ohkay Owingeh Water 

18 Rights Settlement Trust Fund’’, to be managed, invested, 

19 and distributed by the Secretary and to remain available 

20 until expended, withdrawn, or reverted to the general fund 

21 of the Treasury, consisting of the amounts deposited in 

22 the Trust Fund under subsection (b), together with any 

23 investment earnings, including interest, earned on those 

24 amounts for the purpose of carrying out this Act. 


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

2 Trust Fund the amounts made available pursuant to sec3 tion 7(a). 

4 (c) MANAGEMENT AND INTEREST.— 

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

6 funds into the Trust Fund under subsection (b), the 

7 Secretary shall manage, invest, and distribute all 

8 amounts in the Trust Fund in a manner that is con9 sistent with the investment authority of the Sec10 retary 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 amounts deposited into the Trust Fund under 

19 subsection (b), any investment earnings, including 

20 interest, earned on those amounts held in the Trust 

21 Fund are authorized to be used in accordance with 

22 subsections (e) and (g). 

23 (d) AVAILABILITY OF AMOUNTS.— 

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

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1 vestment earnings (including interest) earned on 

2 those amounts, shall be made available to Ohkay 

3 Owingeh 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 Ohkay 

6 Owingeh pursuant to paragraph (2). 

7 (2) USE OF FUNDS.—Notwithstanding para8 graph (1), not more than $100,000,000 of the 

9 amounts deposited in the Trust Fund, including any 

10 investment earnings, including interest, earned on 

11 those amounts, shall be available to Ohkay Owingeh 

12 for the following uses on the date on which the 

13 amounts are deposited in the Trust Fund: 

14 (A) Diversions of surface water and 

15 groundwater to the Rio Chama bosque for im16 mediate and essential restoration and mainte17 nance of the bosque. 

18 (B) Fulfillment of the contribution of the 

19 Pueblo under the Agreement for improvements 

20 to senior acequias on Pueblo Land supplying 

21 water to the Pueblo and non-Indians. 

22 (C) Establishment and operation of the 

23 water rights management administrative de24 partment of the Pueblo. 

25 (D) Acquisition of water rights. 


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1 (E) Development of water infrastructure 

2 plans, preparing environmental compliance doc3 uments, and water project engineering and con4 struction. 

5 (e) WITHDRAWALS.— 

6 (1) WITHDRAWALS UNDER THE AMERICAN IN7 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

8 1994.— 

9 (A) IN GENERAL.—The Pueblo may with10 draw any portion of the amounts in the Trust 

11 Fund on approval by the Secretary of a Tribal 

12 management plan submitted by the Pueblo in 

13 accordance with the American Indian Trust 

14 Fund Management Reform Act of 1994 (25 

15 U.S.C. 4001 et seq.). 

16 (B) REQUIREMENTS.—In addition to the 

17 requirements under the American Indian Trust 

18 Fund Management Reform Act of 1994 (25 

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

20 plan under subparagraph (A) shall require that 

21 the Pueblo shall spend all amounts withdrawn 

22 from the Trust Fund, and any investment earn23 ings (including interest) earned on those 

24 amounts through the investments under the 


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1 Tribal management plan, in accordance with 

2 this Act. 

3 (C) ENFORCEMENT.—The Secretary may 

4 carry out such judicial and administrative ac5 tions as the Secretary determines to be nec6 essary to enforce the Tribal management plan 

7 under subparagraph (A) to ensure that 

8 amounts withdrawn by the Pueblo from the 

9 Trust Fund under that subparagraph are used 

10 in accordance with this Act. 

11 (2) WITHDRAWALS UNDER EXPENDITURE

12 PLAN.— 

13 (A) IN GENERAL.—Ohkay Owingeh may 

14 submit to the Secretary a request to withdraw 

15 funds from the Trust Fund pursuant to an ap16 proved expenditure plan. 

17 (B) REQUIREMENTS.—To be eligible to 

18 withdraw amounts under an expenditure plan 

19 under subparagraph (A), the Pueblo shall sub20 mit to the Secretary an expenditure plan for 

21 any portion of the Trust Fund the Pueblo elects 

22 to withdraw pursuant to that subparagraph, 

23 subject to the condition that the amounts shall 

24 be used for the purposes described in this Act. 


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1 (C) INCLUSIONS.—An expenditure plan 

2 under subparagraph (A) shall include a descrip3 tion of the manner and purpose for which the 

4 amounts proposed to be withdrawn from the 

5 Trust Fund will be used by Ohkay Owingeh, in 

6 accordance with this subsection and subsection 

7 (g). 

8 (D) APPROVAL.—The Secretary shall ap9 prove an expenditure plan submitted under sub10 paragraph (A) if the Secretary determines that 

11 the plan— 

12 (i) is reasonable; and 

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

14 for, the purposes of this Act. 

15 (E) ENFORCEMENT.—The Secretary may 

16 carry out such judicial and administrative ac17 tions as the Secretary determines to be nec18 essary to enforce an expenditure plan to ensure 

19 that amounts disbursed under this paragraph 

20 are used in accordance with this Act. 

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

22 gives Ohkay Owingeh the right to judicial review of a de23 termination of the Secretary relating to whether to ap24 prove a Tribal management plan under paragraph (1) of 

25 subsection (e) or an expenditure plan under paragraph (2) 


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1 of that subsection, except under subchapter II of chapter 

2 5, and chapter 7, of title 5, United States Code (commonly 

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

4 (g) USES.—The Trust Fund may only be used for 

5 the following purposes: 

6 (1) Planning, permitting, designing, engineer7 ing, constructing, reconstructing, replacing, rehabili8 tating, operating, or repairing water production, 

9 treatment, or delivery infrastructure, including for 

10 domestic and municipal supply or wastewater infra11 structure. 

12 (2) Planning, permitting, designing, engineer13 ing, constructing, reconstructing, replacing, rehabili14 tating, operating, or repairing water production, 

15 treatment, or delivery infrastructure, acquisition of 

16 water, or on-farm improvements for irrigation, live17 stock, and support of agriculture. 

18 (3) Planning, permitting, designing, engineer19 ing, constructing, reconstructing, replacing, rehabili20 tating, operating, monitoring or other measures for 

21 watershed and endangered species habitat protec22 tion, bosque restoration or improvement (including 

23 any required cost shares for and allowable contribu24 tions to a Federal project or program), land and 

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1 munity welfare and economic development, and costs 

2 relating to implementation of the Agreement. 

3 (4) The management and administration of any 

4 water rights of the Pueblo. 

5 (5) Ensuring environmental compliance in the 

6 development and construction of projects under this 

7 Act. 

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

9 the Treasury shall not be liable for the expenditure or in10 vestment of any amounts withdrawn from the Trust Fund 

11 by the Pueblo under paragraph (1) or (2) of subsection 

12 (e). 

13 (i) EXPENDITURE REPORTS.—Ohkay Owingeh shall 

14 annually submit to the Secretary an expenditure report 

15 describing accomplishments and amounts spent from use 

16 of withdrawals under a Tribal management plan or an ex17 penditure plan under paragraph (1) or (2) of subsection 

18 (e), as applicable. 

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

20 the Trust Fund shall be distributed on a per capita basis 

21 to any member of Ohkay Owingeh. 

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

23 over, and operation of any project constructed using funds 

24 from the Trust Fund shall remain in Ohkay Owingeh, ex25 cept that title to projects that are improved with funds 


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1 from the Trust Fund for the mutual benefit of the Pueblo 

2 and non-Indians, on property owned by non-Indians, shall 

3 remain with the underlying non-Indian owner. 

4 (l) OPERATION, MAINTENANCE, AND REPLACE5 MENT.—All operation, maintenance, and replacement 

6 costs of any project constructed using funds from the 

7 Trust Fund shall be the responsibility of Ohkay Owingeh. 

8 SEC. 7. FUNDING. 

9 (a) MANDATORY APPROPRIATIONS.—Out of any 

10 funds in the Treasury not otherwise appropriated, the Sec11 retary of the Treasury shall transfer to the Secretary for 

12 deposit in the Trust Fund $745,000,000, to remain avail13 able until expended, withdrawn, or reverted to the general 

14 fund of the Treasury. 

15 (b) FLUCTUATION IN COSTS.— 

16 (1) IN GENERAL.—The amount appropriated 

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

18 as appropriate, by such amounts as may be justified 

19 by reason of ordinary fluctuations in costs, as indi20 cated by the Bureau of Reclamation Construction 

21 Cost Index–Composite Trend. 

22 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

23 amount appropriated under subsection (a) shall be 

24 adjusted to address construction cost changes nec25 essary to account for unforeseen market volatility 


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1 that may not otherwise be captured by engineering 

2 cost indices, as determined by the Secretary, includ3 ing repricing applicable to the types of construction 

4 and current industry standards involved. 

5 (3) REPETITION.—The adjustment process 

6 under this subsection shall be repeated for each sub7 sequent amount appropriated until the applicable 

8 amount, as adjusted, has been appropriated. 

9 (4) PERIOD OF INDEXING.—The period of in10 dexing adjustment under this subsection for any in11 crement of funding shall start on June 1, 2023, and 

12 end on the date on which the funds are deposited in 

13 the Trust Fund. 

14 (c) STATE COST SHARE.—Pursuant to the Agree15 ment, the State shall contribute— 

16 (1) $98,500,000, as adjusted for inflation pur17 suant to the Agreement, for Signatory Acequias 

18 ditch improvements, projects, and other purposes de19 scribed in the Agreement; 

20 (2) $32,000,000, as adjusted for inflation pur21 suant to the Agreement, for the City of Espan ̃ola for 

22 water system improvement projects; and 

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1 Pueblo domestic and livestock groundwater rights as 

2 a result of new Pueblo water use. 

3 SEC. 8. ENFORCEABILITY DATE. 

4 The Enforceability Date shall be the date on which 

5 the Secretary publishes in the Federal Register a state6 ment of findings that— 

7 (1) to the extent that the Agreement conflicts 

8 with this Act, the Agreement has been amended to 

9 conform with this Act; 

10 (2) the Agreement, as amended, has been exe11 cuted by all parties to the Agreement, including the 

12 United States; 

13 (3) the United States District Court for the 

14 District of New Mexico has approved the Agreement 

15 and has entered a Partial Final Judgment and De16 cree; 

17 (4) all the amounts appropriated under section 

18 7(a) have been appropriated and deposited in the 

19 Trust Fund; 

20 (5) the State has— 

21 (A) provided the funding under section 

22 7(c)(1) or entered into a funding agreement 

23 with the intended beneficiary for that funding; 


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1 (B) provided the funding under section 

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

3 with the intended beneficiary for that funding; 

4 (C) provided the funding under section 

5 7(c)(3) and deposited that amount into the ap6 propriate funding account; and 

7 (D) enacted legislation to amend State law 

8 to provide that the Pueblo Water Rights may 

9 be leased for a term not to exceed 99 years, in10 cluding renewals; and 

11 (6) the waivers and releases under section 9 

12 have been executed by Ohkay Owingeh and the Sec13 retary. 

14 SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 

15 (a) WAIVERS AND RELEASES OF CLAIMS BY OHKAY

16 OWINGEH AND UNITED STATES AS TRUSTEE FOR OHKAY

17 OWINGEH.—Subject to the reservation of rights and re18 tention of claims under subsection (d), as consideration 

19 for recognition of the Pueblo Water Rights and other ben20 efits described in the Agreement and this Act, Ohkay 

21 Owingeh and the United States, acting as trustee for 

22 Ohkay Owingeh, shall execute a waiver and release of all 

23 claims for— 

24 (1) water rights within the Rio Chama Stream 

25 System that Ohkay Owingeh, or the United States 


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1 acting as trustee for Ohkay Owingeh, asserted or 

2 could have asserted in any proceeding, including the 

3 Adjudication, on or before the Enforceability Date, 

4 except to the extent that such rights are recognized 

5 in the Agreement and this Act; and 

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

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

8 of water rights (including claims for injury to land 

9 resulting from such damages, losses, injuries, inter10 ference, diversion, or taking of water rights) in the 

11 Rio Chama Stream System that accrued at any time 

12 up to and including the Enforceability Date. 

13 (b) WAIVERS AND RELEASES OF CLAIMS BY OHKAY

14 OWINGEH AGAINST THE UNITED STATES.—Subject to the 

15 reservation of rights and retention of claims under sub16 section (d), Ohkay Owingeh shall execute a waiver and re17 lease of all claims against the United States (including any 

18 agency or employee of the United States) for water rights 

19 within the Rio Chama Stream System first arising before 

20 the Enforceability Date relating to— 

21 (1) water rights within the Rio Chama Stream 

22 System that the United States, acting as trustee for 

23 Ohkay Owingeh, asserted or could have asserted in 

24 any proceeding, including the Adjudication, except to 


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1 the extent that such rights are recognized as part of 

2 the Pueblo Water Rights under this Act; 

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

4 water, on and off Pueblo Land (including water 

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

6 Chama Stream System; 

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

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

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

10 injuries to hunting, fishing, gathering, or cultural 

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

12 relating to interference with, diversion of, or taking 

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

14 acquire, replace, or develop water, water rights, or 

15 water infrastructure) within the Rio Chama Stream 

16 System; 

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

18 rural, or industrial water delivery system on Pueblo 

19 Land within the Rio Chama Stream System; 

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

21 rights, land, or natural resources due to construc22 tion, operation, and management of irrigation 

23 projects on Pueblo Land or Federal land and facili24 ties (including damages, losses, or injuries to fish 


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1 habitat, wildlife, and wildlife habitat) within the Rio 

2 Chama Stream System; 

3 (6) failure to provide for operation, mainte4 nance, or deferred maintenance for any irrigation 

5 system or irrigation project within the Rio Chama 

6 Stream System; 

7 (7) failure to provide a dam safety improvement 

8 to a dam on Pueblo Land within the Rio Chama 

9 Stream System; 

10 (8) damage, loss, or injury to the bosque area 

11 of the Rio Chama due to the construction, operation, 

12 and maintenance of Abiquiu Dam and its associated 

13 infrastructure and resulting Rio Chama flow man14 agement; 

15 (9) the litigation of claims relating to any water 

16 right of Ohkay Owingeh within the Rio Chama 

17 Stream System; 

18 (10) the taking of the bosque property of the 

19 Pueblo within the Pueblo Grant on the Rio Chama 

20 and Rio Grande as asserted in Ohkay Owingeh v. 

21 United States, No. 22–1607L (Court of Federal 

22 Claims); 

23 (11) failure of the United States to acknowl24 edge and protect aboriginal rights to water in the 

25 Rio Chama Stream System; 


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1 (12) the failure of the United States to develop 

2 the irrigation water resources in the Rio Chama 

3 Stream System on the Pueblo Grant, including fail4 ure to— 

5 (A) construct and deliver water through 

6 the Highline Canal; 

7 (B) make improvements to the Chamita 

8 Ditch; and 

9 (C) repurchase arable land unlawfully ob10 tained by non-Indians; 

11 (13) the failure of the United States to prevent 

12 or remedy non-Indians’ trespass on or seizure of ar13 able Pueblo lands in the Rio Chama Stream System 

14 on the Pueblo Grant; and 

15 (14) the negotiation, execution, or adoption of 

16 the Agreement (including exhibits) and this Act. 

17 (c) EFFECTIVE DATE.—The waivers and releases de18 scribed in subsections (a) and (b) shall take effect on the 

19 Enforceability Date. 

20 (d) RESERVATION OF RIGHTS AND RETENTION OF

21 CLAIMS.—Notwithstanding the waivers and releases under 

22 subsections (a) and (b), the Pueblo and the United States, 

23 acting as trustee for Ohkay Owingeh, shall retain all 

24 claims relating to— 


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

2 the Enforceability Date relating to, water rights rec3 ognized under the Agreement, this Act, or the Par4 tial Final Judgment and Decree entered in the Ad5 judication; 

6 (2) activities affecting the quality of water, in7 cluding claims under— 

8 (A) the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601 et seq.), including claims 

11 for damages to natural resources; 

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.); and 

16 (D) any regulations implementing the Acts 

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

18 (3) the right to use and protect water rights ac19 quired after the date of enactment of this Act; 

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

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

22 rights, including hunting, fishing, gathering, or cul23 tural rights; 


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

2 and powers not specifically waived and released pur3 suant to this Act or the Agreement; and 

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

5 outside of the Rio Chama Stream System. 

6 (e) EFFECT OF AGREEMENT AND ACT.—Nothing in 

7 the Agreement or this Act— 

8 (1) reduces or extends the sovereignty (includ9 ing civil and criminal jurisdiction) of any govern10 ment entity; 

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

12 sovereign, to carry out any activity authorized by 

13 law, including— 

14 (A) the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9601 et seq.); 

17 (B) the Safe Drinking Water Act (42 

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

19 (C) the Federal Water Pollution Control 

20 Act (33 U.S.C. 1251 et seq.); 

21 (D) the Solid Waste Disposal Act (42 

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

23 (E) any regulations implementing the Acts 

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


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

2 act as trustee for the Pueblo (consistent with this 

3 Act), any other pueblo or Indian Tribe, or an allot4 tee of any other pueblo or Indian Tribe; 

5 (4) confers jurisdiction on any State court— 

6 (A) to interpret Federal law relating to 

7 health, safety, or the environment; 

8 (B) to determine the duties of the United 

9 States or any other party under Federal law re10 lating to health, safety, or the environment; 

11 (C) to conduct judicial review of any Fed12 eral agency action; or 

13 (D) to interpret Pueblo law; or 

14 (5) waives any claim of a member of Ohkay 

15 Owingeh in an individual capacity that does not de16 rive from a right of the Pueblo. 

17 (f) TOLLING OF CLAIMS.— 

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

19 limitation and time-based equitable defense relating 

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

21 the period beginning on the date of enactment of 

22 this Act and ending on the Enforceability Date. 

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

24 subsection revives any claim or tolls any period of 


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1 limitation or time-based equitable defense that ex2 pired before the date of enactment of this Act. 

3 (3) LIMITATION.—Nothing in this section pre4 cludes the tolling of any period of limitation or any 

5 time-based equitable defense under any other appli6 cable law. 

7 (g) EXPIRATION.— 

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

9 case in which the Secretary fails to publish a state10 ment of findings under section 8 by not later than— 

11 (A) July 1, 2038; or 

12 (B) such alternative later date as is agreed 

13 to by Ohkay Owingeh and the Secretary, after 

14 providing reasonable notice to the State. 

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

16 paragraph (1)— 

17 (A) the waivers and releases under sub18 sections (a) and (b) shall— 

19 (i) expire; and 

20 (ii) have no further force or effect; 

21 (B) the authorization, ratification, con22 firmation, and execution of the Agreement 

23 under section 4 shall no longer be effective; 


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1 (C) any action carried out by the Sec2 retary, and any contract or agreement entered 

3 into, pursuant to this Act shall be void; 

4 (D) any unexpended Federal funds appro5 priated or made available to carry out the ac6 tivities authorized by this Act, together with 

7 any interest earned on those funds, and any 

8 water rights or contracts to use water and title 

9 to other property acquired or constructed with 

10 Federal funds appropriated or made available 

11 to carry out the activities authorized by this Act 

12 shall be returned to the Federal Government, 

13 unless otherwise agreed to by Ohkay Owingeh 

14 and the United States and approved by Con15 gress; and 

16 (E) except for Federal funds used to ac17 quire or construct property that is returned to 

18 the Federal Government under subparagraph 

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

20 any Federal funds made available to carry out 

21 this Act that were expended or withdrawn, or 

22 any funds made available to carry out this Act 

23 from other Federal authorized sources, together 

24 with any interest accrued on those funds, 

25 against any claims against the United States— 


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1 (i) relating to— 

2 (I) water rights in the State as3 serted by— 

4 (aa) Ohkay Owingeh; or 

5 (bb) any user of the Pueblo 

6 Water Rights; or 

7 (II) any other matter covered by 

8 subsection (b); or 

9 (ii) in any future settlement of water 

10 rights of Ohkay Owingeh. 

11 SEC. 10. SATISFACTION OF CLAIMS. 

12 The benefits provided under this Act shall be in com13 plete replacement of, complete substitution for, and full 

14 satisfaction of any claim of Ohkay Owingeh against the 

15 United States that is waived and released by Ohkay 

16 Owingeh pursuant to section 9(b). 

17 SEC. 11. MISCELLANEOUS PROVISIONS. 

18 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

19 UNITED STATES.—Nothing in this Act waives the sov20 ereign immunity of the United States. 

21 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

22 Nothing in this Act quantifies or diminishes any land or 

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

24 of an Indian Tribe, band, pueblo, or community other than 

25 Ohkay Owingeh. 


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

2 affects any provision of law (including regulations) in ef3 fect on the day before the date of enactment of this Act 

4 with respect to pre-enforcement review of any Federal en5 vironmental enforcement action. 

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

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

8 (e) HOLD HARMLESS.—For any bosque restoration 

9 or improvement project carried out by the Pueblo with 

10 funds appropriated under this Act, the Pueblo shall hold 

11 and save the United States free from damages due to the 

12 construction or operation and maintenance of the project. 

13 SEC. 12. ANTIDEFICIENCY. 

14 The United States shall not be liable for any failure 

15 to carry out any obligation or activity authorized by this 

16 Act, 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 Act. 


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Calendar No. 663 

118TH CONGRESS 

2D SESSION S. 4505 

[Report No. 118–261] 

A BILL 

To approve the settlement of water rights claims of 

the State of New Mexico, and for other purposes. tem, to restore the Bosque on Pueblo Land in Ohkay Owingeh in the Rio Chama Stream SysDECEMBER 4, 2024 

Reported without amendment 


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