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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4505 Reported in Senate (RS)]

<DOC>

                                                       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. Lujan) 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Ohkay Owingeh Rio 
Chama Water Rights Settlement Act of 2024''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        all claims to water rights in the Rio Chama Stream System in 
        the State for--
                    (A) Ohkay Owingeh; and
                    (B) the United States, acting as trustee for Ohkay 
                Owingeh;
            (2) to authorize, ratify, and confirm the Agreement entered 
        into by Ohkay Owingeh, the State, and various other parties to 
        the extent that the Agreement is consistent with this Act;
            (3) to authorize and direct the Secretary--
                    (A) to execute the Agreement; and
                    (B) to take any other actions necessary to carry 
                out the Agreement in accordance with this Act; and
            (4) to authorize funds necessary for the implementation of 
        the Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adjudication.--The term ``Adjudication'' means the 
        general stream adjudication of water rights in the Rio Chama 
        Stream System entitled ``State of New Mexico ex rel. State 
        Engineer v. Aragon'', Civil No. 69-CV-07941-KWR/KK, pending, as 
        of the date of enactment of this Act, in the United States 
        District Court for the District of New Mexico.
            (2) Agreement.--The term ``Agreement'' means--
                    (A) the document entitled ``Ohkay Owingeh Rio Chama 
                Water Rights Settlement'' and dated July 5, 2023, and 
                the exhibits attached thereto; and
                    (B) any amendment to the document referred to in 
                subparagraph (A) (including an amendment to an exhibit 
                thereto) that is executed to ensure that the Agreement 
                is consistent with this Act.
            (3) Bosque.--The term ``bosque'' means a gallery forest 
        located along the riparian floodplain of a stream, riverbank, 
        or lake.
            (4) City of espanola.--The term ``City of Espanola'' means 
        a municipal corporation of the State.
            (5) Enforceability date.--The term ``Enforceability Date'' 
        means the date described in section 8.
            (6) Ohkay owingeh; pueblo.--The terms ``Ohkay Owingeh'' and 
        ``Pueblo'' mean the body politic and federally recognized 
        Indian nation.
            (7) Partial final judgment and decree.--The term ``Partial 
        Final Judgment and Decree'' means a final or interlocutory 
        partial final judgment and decree entered by the United States 
        District Court for the District of New Mexico with respect to 
        the water rights of Ohkay Owingeh in the Rio Chama Stream 
        System--
                    (A) that is substantially in the form described in 
                the Agreement, as amended to ensure consistency with 
                this Act; and
                    (B) from which no further appeal may be taken.
            (8) Pueblo grant.--The term ``Pueblo Grant'' means the land 
        recognized and confirmed by the Federal patent issued to Ohkay 
        Owingeh (then known as the ``Pueblo of San Juan'') under the 
        Act of December 22, 1858 (11 Stat. 374, chapter V).
            (9) Pueblo land.--The term ``Pueblo Land'' means any real 
        property that is--
                    (A) held by the United States in trust for Ohkay 
                Owingeh within the Rio Chama Stream System;
                    (B) owned by the Pueblo within the Rio Chama Stream 
                System before the Enforceability Date; or
                    (C) acquired by the Pueblo within the Rio Chama 
                Stream System on or after the Enforceability Date if 
                the real property is located--
                            (i) within the exterior boundaries of the 
                        Pueblo Grant; or
                            (ii) within the exterior boundaries of any 
                        territory set aside for the Pueblo by law, 
                        Executive order, or court decree.
            (10) Pueblo water rights.--The term ``Pueblo Water Rights'' 
        means the water rights of Ohkay Owingeh in the Rio Chama Stream 
        System--
                    (A) as identified in the Agreement and section 5; 
                and
                    (B) as confirmed in the Partial Final Judgment and 
                Decree.
            (11) Rio chama stream system.--The term ``Rio Chama Stream 
        System'' means the Rio Chama surface water drainage basin 
        within the State, as illustrated in Exhibit A to the Agreement.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (13) Signatory acequia.--The term ``Signatory Acequia'' 
        means an acequia that is a signatory to the Agreement.
            (14) State.--The term ``State'' means the State of New 
        Mexico.
            (15) Trust fund.--The term ``Trust Fund'' means the Ohkay 
        Owingeh Water Rights Settlement Trust Fund established under 
        section 6(a).

SEC. 4. RATIFICATION OF AGREEMENT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act, and to the 
        extent that the Agreement does not conflict with this Act, the 
        Agreement is authorized, ratified, and confirmed.
            (2) Amendments.--If an amendment to the Agreement, or to 
        any exhibit to the Agreement requiring the signature of the 
        Secretary, is executed in accordance with this Act to make the 
        Agreement consistent with this Act, the amendment is 
        authorized, ratified, and confirmed.
    (b) Execution.--
            (1) In general.--To the extent the Agreement does not 
        conflict with this Act, the Secretary shall execute the 
        Agreement, including all exhibits thereto or parts of the 
        Agreement requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act prohibits the 
        Secretary, after execution of the Agreement, from approving any 
        modification to the Agreement, including an exhibit to the 
        Agreement, that is consistent with this Act, to the extent that 
        the modification does not otherwise require congressional 
        approval under section 2116 of the Revised Statutes (25 U.S.C. 
        177) or any other applicable provision of Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Agreement and this 
        Act, the Secretary shall comply with--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), including the implementing 
                regulations of that Act; and
                    (C) all other applicable Federal environmental laws 
                and regulations.
            (2) Compliance and coordination.--
                    (A) In general.--In implementing the Agreement and 
                this Act, the Pueblo shall prepare any necessary 
                environmental documents consistent with--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.), including the 
                        implementing regulations of that Act; and
                            (iii) all other applicable Federal 
                        environmental laws and regulations.
                    (B) Authorizations.--The Secretary shall--
                            (i) independently evaluate the 
                        documentation required under subparagraph (A); 
                        and
                            (ii) be responsible for the accuracy, 
                        scope, and contents of that documentation.
                    (C) Coordination with army corps of engineers.--For 
                any bosque restoration or improvement project carried 
                out by the Pueblo with funds appropriated under this 
                Act, the Pueblo shall coordinate with the Corps of 
                Engineers to ensure that work on the project shall not 
                interfere with or adversely affect any authorized 
                Federal project that is under the jurisdiction and 
                authority of the Corps of Engineers.
            (3) Effect of execution.--The execution of the Agreement by 
        the Secretary under this section shall not constitute a major 
        Federal action under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
            (4) Costs.--Any costs associated with the performance of 
        the compliance and coordination activities under this 
        subsection shall be paid from funds deposited in the Trust 
        Fund, subject to the condition that any costs associated with 
        the performance of Federal approval or other review of that 
        compliance work or costs associated with inherently Federal 
        functions shall remain the responsibility of the Secretary, 
        with the exception that costs for review of bosque restoration 
        or improvement projects by the Corps of Engineers described in 
        paragraph (2)(C) shall be paid from funds deposited in the 
        Trust Fund.

SEC. 5. PUEBLO WATER RIGHTS.

    (a) Trust Status of the Pueblo Water Rights.--The Pueblo Water 
Rights shall be held in trust by the United States on behalf of Ohkay 
Owingeh in accordance with the Agreement and this Act.
    (b) Forfeiture and Abandonment.--
            (1) In general.--The Pueblo Water Rights shall not be 
        subject to loss through non-use, forfeiture, abandonment, or 
        other operation of law.
            (2) State law-based water rights.--State-law based water 
        rights acquired by Ohkay Owingeh, or by the United States on 
        behalf of Ohkay Owingeh, after the date for inclusion in the 
        Partial Final Judgment and Decree, shall not be subject to 
        forfeiture, abandonment, or permanent alienation from the time 
        they are acquired.
    (c) Use.--Any use of the Pueblo Water Rights shall be subject to 
the terms and conditions of the Agreement and this Act.
    (d) Authority of the Pueblo.--
            (1) In general.--Ohkay Owingeh may allocate, distribute, 
        and lease the Pueblo Water Rights for use on Pueblo Land in 
        accordance with the Agreement, this Act, and applicable Federal 
        law, including the Act of August 9, 1955 (25 U.S.C. 415 et 
        seq.) (commonly known as the ``Long-Term Leasing Act'').
            (2) Use off pueblo land.--
                    (A) In general.--Ohkay Owingeh may allocate, 
                distribute, and lease the Pueblo Water Rights for use 
                off Pueblo Land in accordance with the Agreement, this 
                Act, and applicable Federal law, subject to the 
                approval of the Secretary.
                    (B) Maximum term of leases.--The maximum term of 
                any lease, including all renewals, under this paragraph 
                shall not exceed 99 years.
    (e) Administration.--
            (1) No alienation.--The Pueblo shall not permanently 
        alienate any portion of the Pueblo Water Rights.
            (2) Purchases or grants of land from indians.--An 
        authorization provided by this Act for the allocation, 
        distribution, leasing, or other arrangement entered into 
        pursuant to this Act shall be considered to satisfy any 
        requirement for authorization of the action required by Federal 
        law.
            (3) Prohibition on forfeiture.--The non-use of all or any 
        portion of the Pueblo Water Rights by any water user shall not 
        result in the forfeiture, abandonment, relinquishment, or other 
        loss of all or any portion of the Pueblo Water Rights.

SEC. 6. SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust fund, to 
be known as the ``Ohkay Owingeh Water Rights Settlement Trust Fund'', 
to be managed, invested, and distributed by the Secretary and to remain 
available until expended, withdrawn, or reverted to the general fund of 
the Treasury, consisting of the amounts deposited in the Trust Fund 
under subsection (b), together with any investment earnings, including 
interest, earned on those amounts for the purpose of carrying out this 
Act.
    (b) Deposits.--The Secretary shall deposit in the Trust Fund the 
amounts made available pursuant to section 7(a).
    (c) Management and Interest.--
            (1) Management.--On receipt and deposit of funds into the 
        Trust Fund under subsection (b), the Secretary shall manage, 
        invest, and distribute all amounts in the Trust Fund in a 
        manner that is consistent with the investment authority of the 
        Secretary under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this subsection.
            (2) Investment earnings.--In addition to the amounts 
        deposited into the Trust Fund under subsection (b), any 
        investment earnings, including interest, earned on those 
        amounts held in the Trust Fund are authorized to be used in 
        accordance with subsections (e) and (g).
    (d) Availability of Amounts.--
            (1) In general.--Amounts appropriated to, and deposited in, 
        the Trust Fund, including any investment earnings (including 
        interest) earned on those amounts, shall be made available to 
        Ohkay Owingeh by the Secretary beginning on the Enforceability 
        Date, subject to the requirements of this section, except for 
        funds to be made available to Ohkay Owingeh pursuant to 
        paragraph (2).
            (2) Use of funds.--Notwithstanding paragraph (1), not more 
        than $100,000,000 of the amounts deposited in the Trust Fund, 
        including any investment earnings, including interest, earned 
        on those amounts, shall be available to Ohkay Owingeh for the 
        following uses on the date on which the amounts are deposited 
        in the Trust Fund:
                    (A) Diversions of surface water and groundwater to 
                the Rio Chama bosque for immediate and essential 
                restoration and maintenance of the bosque.
                    (B) Fulfillment of the contribution of the Pueblo 
                under the Agreement for improvements to senior acequias 
                on Pueblo Land supplying water to the Pueblo and non-
                Indians.
                    (C) Establishment and operation of the water rights 
                management administrative department of the Pueblo.
                    (D) Acquisition of water rights.
                    (E) Development of water infrastructure plans, 
                preparing environmental compliance documents, and water 
                project engineering and construction.
    (e) Withdrawals.--
            (1) Withdrawals under the american indian trust fund 
        management reform act of 1994.--
                    (A) In general.--The Pueblo may withdraw any 
                portion of the amounts in the Trust Fund on approval by 
                the Secretary of a Tribal management plan submitted by 
                the Pueblo in accordance with the American Indian Trust 
                Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
                seq.).
                    (B) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
                management plan under subparagraph (A) shall require 
                that the Pueblo shall spend all amounts withdrawn from 
                the Trust Fund, and any investment earnings (including 
                interest) earned on those amounts through the 
                investments under the Tribal management plan, in 
                accordance with this Act.
                    (C) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce the Tribal 
                management plan under subparagraph (A) to ensure that 
                amounts withdrawn by the Pueblo from the Trust Fund 
                under that subparagraph are used in accordance with 
                this Act.
            (2) Withdrawals under expenditure plan.--
                    (A) In general.--Ohkay Owingeh may submit to the 
                Secretary a request to withdraw funds from the Trust 
                Fund pursuant to an approved expenditure plan.
                    (B) Requirements.--To be eligible to withdraw 
                amounts under an expenditure plan under subparagraph 
                (A), the Pueblo shall submit to the Secretary an 
                expenditure plan for any portion of the Trust Fund the 
                Pueblo elects to withdraw pursuant to that 
                subparagraph, subject to the condition that the amounts 
                shall be used for the purposes described in this Act.
                    (C) Inclusions.--An expenditure plan under 
                subparagraph (A) shall include a description of the 
                manner and purpose for which the amounts proposed to be 
                withdrawn from the Trust Fund will be used by Ohkay 
                Owingeh, in accordance with this subsection and 
                subsection (g).
                    (D) Approval.--The Secretary shall approve an 
                expenditure plan submitted under subparagraph (A) if 
                the Secretary determines that the plan--
                            (i) is reasonable; and
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan to ensure that amounts disbursed under this 
                paragraph are used in accordance with this Act.
    (f) Effect of Section.--Nothing in this section gives Ohkay Owingeh 
the right to judicial review of a determination of the Secretary 
relating to whether to approve a Tribal management plan under paragraph 
(1) of subsection (e) or an expenditure plan under paragraph (2) of 
that subsection, except under subchapter II of chapter 5, and chapter 
7, of title 5, United States Code (commonly known as the 
``Administrative Procedure Act'').
    (g) Uses.--The Trust Fund may only be used for the following 
purposes:
            (1) Planning, permitting, designing, engineering, 
        constructing, reconstructing, replacing, rehabilitating, 
        operating, or repairing water production, treatment, or 
        delivery infrastructure, including for domestic and municipal 
        supply or wastewater infrastructure.
            (2) Planning, permitting, designing, engineering, 
        constructing, reconstructing, replacing, rehabilitating, 
        operating, or repairing water production, treatment, or 
        delivery infrastructure, acquisition of water, or on-farm 
        improvements for irrigation, livestock, and support of 
        agriculture.
            (3) Planning, permitting, designing, engineering, 
        constructing, reconstructing, replacing, rehabilitating, 
        operating, monitoring or other measures for watershed and 
        endangered species habitat protection, bosque restoration or 
        improvement (including any required cost shares for and 
        allowable contributions to a Federal project or program), land 
        and water rights acquisition, water-related Pueblo community 
        welfare and economic development, and costs relating to 
        implementation of the Agreement.
            (4) The management and administration of any water rights 
        of the Pueblo.
            (5) Ensuring environmental compliance in the development 
        and construction of projects under this Act.
    (h) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Trust Fund by the Pueblo under paragraph (1) or (2) 
of subsection (e).
    (i) Expenditure Reports.--Ohkay Owingeh shall annually submit to 
the Secretary an expenditure report describing accomplishments and 
amounts spent from use of withdrawals under a Tribal management plan or 
an expenditure plan under paragraph (1) or (2) of subsection (e), as 
applicable.
    (j) No Per Capita Distributions.--No portion of the Trust Fund 
shall be distributed on a per capita basis to any member of Ohkay 
Owingeh.
    (k) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Trust Fund shall remain 
in Ohkay Owingeh, except that title to projects that are improved with 
funds from the Trust Fund for the mutual benefit of the Pueblo and non-
Indians, on property owned by non-Indians, shall remain with the 
underlying non-Indian owner.
    (l) Operation, Maintenance, and Replacement.--All operation, 
maintenance, and replacement costs of any project constructed using 
funds from the Trust Fund shall be the responsibility of Ohkay Owingeh.

SEC. 7. FUNDING.

    (a) Mandatory Appropriations.--Out of any funds in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary for deposit in the Trust Fund $745,000,000, to remain 
available until expended, withdrawn, or reverted to the general fund of 
the Treasury.
    (b) Fluctuation in Costs.--
            (1) In general.--The amount appropriated under subsection 
        (a) shall be increased or decreased, as appropriate, by such 
        amounts as may be justified by reason of ordinary fluctuations 
        in costs, as indicated by the Bureau of Reclamation 
        Construction Cost Index-Composite Trend.
            (2) Construction costs adjustment.--The amount appropriated 
        under subsection (a) shall be adjusted to address construction 
        cost changes necessary to account for unforeseen market 
        volatility that may not otherwise be captured by engineering 
        cost indices, as determined by the Secretary, including 
        repricing applicable to the types of construction and current 
        industry standards involved.
            (3) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the applicable amount, as adjusted, has been 
        appropriated.
            (4) Period of indexing.--The period of indexing adjustment 
        under this subsection for any increment of funding shall start 
        on June 1, 2023, and end on the date on which the funds are 
        deposited in the Trust Fund.
    (c) State Cost Share.--Pursuant to the Agreement, the State shall 
contribute--
            (1) $98,500,000, as adjusted for inflation pursuant to the 
        Agreement, for Signatory Acequias ditch improvements, projects, 
        and other purposes described in the Agreement;
            (2) $32,000,000, as adjusted for inflation pursuant to the 
        Agreement, for the City of Espanola for water system 
        improvement projects; and
            (3) $500,000, to be deposited in an interest-bearing 
        account, to mitigate impairment to non-Pueblo domestic and 
        livestock groundwater rights as a result of new Pueblo water 
        use.

SEC. 8. ENFORCEABILITY DATE.

    The Enforceability Date shall be the date on which the Secretary 
publishes in the Federal Register a statement of findings that--
            (1) to the extent that the Agreement conflicts with this 
        Act, the Agreement has been amended to conform with this Act;
            (2) the Agreement, as amended, has been executed by all 
        parties to the Agreement, including the United States;
            (3) the United States District Court for the District of 
        New Mexico has approved the Agreement and has entered a Partial 
        Final Judgment and Decree;
            (4) all the amounts appropriated under section 7(a) have 
        been appropriated and deposited in the Trust Fund;
            (5) the State has--
                    (A) provided the funding under section 7(c)(1) or 
                entered into a funding agreement with the intended 
                beneficiary for that funding;
                    (B) provided the funding under section 7(c)(2) or 
                entered into a funding agreement with the intended 
                beneficiary for that funding;
                    (C) provided the funding under section 7(c)(3) and 
                deposited that amount into the appropriate funding 
                account; and
                    (D) enacted legislation to amend State law to 
                provide that the Pueblo Water Rights may be leased for 
                a term not to exceed 99 years, including renewals; and
            (6) the waivers and releases under section 9 have been 
        executed by Ohkay Owingeh and the Secretary.

SEC. 9. WAIVERS AND RELEASES OF CLAIMS.

    (a) Waivers and Releases of Claims by Ohkay Owingeh and United 
States as Trustee for Ohkay Owingeh.--Subject to the reservation of 
rights and retention of claims under subsection (d), as consideration 
for recognition of the Pueblo Water Rights and other benefits described 
in the Agreement and this Act, Ohkay Owingeh and the United States, 
acting as trustee for Ohkay Owingeh, shall execute a waiver and release 
of all claims for--
            (1) water rights within the Rio Chama Stream System that 
        Ohkay Owingeh, or the United States acting as trustee for Ohkay 
        Owingeh, asserted or could have asserted in any proceeding, 
        including the Adjudication, on or before the Enforceability 
        Date, except to the extent that such rights are recognized in 
        the Agreement and this Act; and
            (2) damages, losses, or injuries to water rights or claims 
        of interference with, diversion of, or taking of water rights 
        (including claims for injury to land resulting from such 
        damages, losses, injuries, interference, diversion, or taking 
        of water rights) in the Rio Chama Stream System that accrued at 
        any time up to and including the Enforceability Date.
    (b) Waivers and Releases of Claims by Ohkay Owingeh Against the 
United States.--Subject to the reservation of rights and retention of 
claims under subsection (d), Ohkay Owingeh shall execute a waiver and 
release of all claims against the United States (including any agency 
or employee of the United States) for water rights within the Rio Chama 
Stream System first arising before the Enforceability Date relating 
to--
            (1) water rights within the Rio Chama Stream System that 
        the United States, acting as trustee for Ohkay Owingeh, 
        asserted or could have asserted in any proceeding, including 
        the Adjudication, except to the extent that such rights are 
        recognized as part of the Pueblo Water Rights under this Act;
            (2) foregone benefits from non-Pueblo use of water, on and 
        off Pueblo Land (including water from all sources and for all 
        uses), within the Rio Chama Stream System;
            (3) damage, loss, or injury to water, water rights, land, 
        or natural resources due to loss of water or water rights 
        (including damages, losses, or injuries to hunting, fishing, 
        gathering, or cultural rights due to loss of water or water 
        rights, claims relating to interference with, diversion of, or 
        taking of water, or claims relating to a failure to protect, 
        acquire, replace, or develop water, water rights, or water 
        infrastructure) within the Rio Chama Stream System;
            (4) failure to establish or provide a municipal, rural, or 
        industrial water delivery system on Pueblo Land within the Rio 
        Chama Stream System;
            (5) damage, loss, or injury to water, water rights, land, 
        or natural resources due to construction, operation, and 
        management of irrigation projects on Pueblo Land or Federal 
        land and facilities (including damages, losses, or injuries to 
        fish habitat, wildlife, and wildlife habitat) within the Rio 
        Chama Stream System;
            (6) failure to provide for operation, maintenance, or 
        deferred maintenance for any irrigation system or irrigation 
        project within the Rio Chama Stream System;
            (7) failure to provide a dam safety improvement to a dam on 
        Pueblo Land within the Rio Chama Stream System;
            (8) damage, loss, or injury to the bosque area of the Rio 
        Chama due to the construction, operation, and maintenance of 
        Abiquiu Dam and its associated infrastructure and resulting Rio 
        Chama flow management;
            (9) the litigation of claims relating to any water right of 
        Ohkay Owingeh within the Rio Chama Stream System;
            (10) the taking of the bosque property of the Pueblo within 
        the Pueblo Grant on the Rio Chama and Rio Grande as asserted in 
        Ohkay Owingeh v. United States, No. 22-1607L (Court of Federal 
        Claims);
            (11) failure of the United States to acknowledge and 
        protect aboriginal rights to water in the Rio Chama Stream 
        System;
            (12) the failure of the United States to develop the 
        irrigation water resources in the Rio Chama Stream System on 
        the Pueblo Grant, including failure to--
                    (A) construct and deliver water through the 
                Highline Canal;
                    (B) make improvements to the Chamita Ditch; and
                    (C) repurchase arable land unlawfully obtained by 
                non-Indians;
            (13) the failure of the United States to prevent or remedy 
        non-Indians' trespass on or seizure of arable Pueblo lands in 
        the Rio Chama Stream System on the Pueblo Grant; and
            (14) the negotiation, execution, or adoption of the 
        Agreement (including exhibits) and this Act.
    (c) Effective Date.--The waivers and releases described in 
subsections (a) and (b) shall take effect on the Enforceability Date.
    (d) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases under subsections (a) and (b), the Pueblo and 
the United States, acting as trustee for Ohkay Owingeh, shall retain 
all claims relating to--
            (1) the enforcement of, or claims accruing after the 
        Enforceability Date relating to, water rights recognized under 
        the Agreement, this Act, or the Partial Final Judgment and 
        Decree entered in the Adjudication;
            (2) activities affecting the quality of water, including 
        claims under--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.), including claims for damages to natural 
                resources;
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (D) any regulations implementing the Acts described 
                in subparagraphs (A) through (C);
            (3) the right to use and protect water rights acquired 
        after the date of enactment of this Act;
            (4) damage, loss, or injury to land or natural resources 
        that is not due to loss of water or water rights, including 
        hunting, fishing, gathering, or cultural rights;
            (5) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to this 
        Act or the Agreement; and
            (6) loss of water or water rights in locations outside of 
        the Rio Chama Stream System.
    (e) Effect of Agreement and Act.--Nothing in the Agreement or this 
Act--
            (1) reduces or extends the sovereignty (including civil and 
        criminal jurisdiction) of any government entity;
            (2) affects the ability of the United States, as sovereign, 
        to carry out any activity authorized by law, including--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (C) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.); and
                    (E) any regulations implementing the Acts described 
                in subparagraphs (A) though (D);
            (3) affects the ability of the United States to act as 
        trustee for the Pueblo (consistent with this Act), any other 
        pueblo or Indian Tribe, or an allottee of any other pueblo or 
        Indian Tribe;
            (4) confers jurisdiction on any State court--
                    (A) to interpret Federal law relating to health, 
                safety, or the environment;
                    (B) to determine the duties of the United States or 
                any other party under Federal law relating to health, 
                safety, or the environment;
                    (C) to conduct judicial review of any Federal 
                agency action; or
                    (D) to interpret Pueblo law; or
            (5) waives any claim of a member of Ohkay Owingeh in an 
        individual capacity that does not derive from a right of the 
        Pueblo.
    (f) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim described in 
        this section shall be tolled for the period beginning on the 
        date of enactment of this Act and ending on the Enforceability 
        Date.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitation or any time-based equitable 
        defense under any other applicable law.
    (g) Expiration.--
            (1) In general.--This Act shall expire in any case in which 
        the Secretary fails to publish a statement of findings under 
        section 8 by not later than--
                    (A) July 1, 2038; or
                    (B) such alternative later date as is agreed to by 
                Ohkay Owingeh and the Secretary, after providing 
                reasonable notice to the State.
            (2) Consequences.--If this Act expires under paragraph 
        (1)--
                    (A) the waivers and releases under subsections (a) 
                and (b) shall--
                            (i) expire; and
                            (ii) have no further force or effect;
                    (B) the authorization, ratification, confirmation, 
                and execution of the Agreement under section 4 shall no 
                longer be effective;
                    (C) any action carried out by the Secretary, and 
                any contract or agreement entered into, pursuant to 
                this Act shall be void;
                    (D) any unexpended Federal funds appropriated or 
                made available to carry out the activities authorized 
                by this Act, together with any interest earned on those 
                funds, and any water rights or contracts to use water 
                and title to other property acquired or constructed 
                with Federal funds appropriated or made available to 
                carry out the activities authorized by this Act shall 
                be returned to the Federal Government, unless otherwise 
                agreed to by Ohkay Owingeh and the United States and 
                approved by Congress; and
                    (E) except for Federal funds used to acquire or 
                construct property that is returned to the Federal 
                Government under subparagraph (D), the United States 
                shall be entitled to offset any Federal funds made 
                available to carry out this Act that were expended or 
                withdrawn, or any funds made available to carry out 
                this Act from other Federal authorized sources, 
                together with any interest accrued on those funds, 
                against any claims against the United States--
                            (i) relating to--
                                    (I) water rights in the State 
                                asserted by--
                                            (aa) Ohkay Owingeh; or
                                            (bb) any user of the Pueblo 
                                        Water Rights; or
                                    (II) any other matter covered by 
                                subsection (b); or
                            (ii) in any future settlement of water 
                        rights of Ohkay Owingeh.

SEC. 10. SATISFACTION OF CLAIMS.

    The benefits provided under this Act shall be in complete 
replacement of, complete substitution for, and full satisfaction of any 
claim of Ohkay Owingeh against the United States that is waived and 
released by Ohkay Owingeh pursuant to section 9(b).

SEC. 11. MISCELLANEOUS PROVISIONS.

    (a) No Waiver of Sovereign Immunity by the United States.--Nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Other Tribes Not Adversely Affected.--Nothing in this Act 
quantifies or diminishes any land or water right, or any claim or 
entitlement to land or water, of an Indian Tribe, band, pueblo, or 
community other than Ohkay Owingeh.
    (c) Effect on Current Law.--Nothing in this Act affects any 
provision of law (including regulations) in effect on the day before 
the date of enactment of this Act with respect to pre-enforcement 
review of any Federal environmental enforcement action.
    (d) Conflict.--In the event of a conflict between the Agreement and 
this Act, this Act shall control.
    (e) Hold Harmless.--For any bosque restoration or improvement 
project carried out by the Pueblo with funds appropriated under this 
Act, the Pueblo shall hold and save the United States free from damages 
due to the construction or operation and maintenance of the project.

SEC. 12. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this Act, including any 
obligation or activity under the Agreement, if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act.
                                                       Calendar No. 663

118th CONGRESS

  2d Session

                                S. 4505

                          [Report No. 118-261]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 4, 2024

                       Reported without amendment
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