II 

118TH CONGRESS 

2D SESSION S. 4505 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Ohkay Owingeh Rio Chama Water Rights Settlement Act 

6 of 2024’’. 

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

8 this Act is as follows: 


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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. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

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

5 Stream System in the State for— 

6 (A) Ohkay Owingeh; and 

7 (B) the United States, acting as trustee 

8 for Ohkay Owingeh; 

9 (2) to authorize, ratify, and confirm the Agree10 ment entered into by Ohkay Owingeh, the State, and 

11 various other parties to the extent that the Agree12 ment is consistent with this Act; 

13 (3) to authorize and direct the Secretary— 

14 (A) to execute the Agreement; and 

15 (B) to take any other actions necessary to 

16 carry out the Agreement in accordance with 

17 this Act; and 

18 (4) to authorize funds necessary for the imple19 mentation of the Agreement and this Act. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

4 means the general stream adjudication of water 

5 rights in the Rio Chama Stream System entitled 

6 ‘‘State of New Mexico ex rel. State Engineer v. Ara7 gon’’, Civil No. 69–CV–07941–KWR/KK, pending, 

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

9 United States District Court for the District of New 

10 Mexico. 

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

12 means— 

13 (A) the document entitled ‘‘Ohkay 

14 Owingeh Rio Chama Water Rights Settlement’’ 

15 and dated July 5, 2023, and the exhibits at16 tached thereto; and 

17 (B) any amendment to the document re18 ferred to in subparagraph (A) (including an 

19 amendment to an exhibit thereto) that is exe20 cuted to ensure that the Agreement is con21 sistent with this Act. 

22 (3) BOSQUE.—The term ‘‘bosque’’ means a gal23 lery forest located along the riparian floodplain of a 

24 stream, riverbank, or lake. 


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

2 Espan ̃ola’’ means a municipal corporation of the 

3 State. 

4 (5) ENFORCEABILITY DATE.—The term ‘‘En5 forceability Date’’ means the date described in sec6 tion 8. 

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

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

9 politic and federally recognized Indian nation. 

10 (7) PARTIAL FINAL JUDGMENT AND DECREE.— 

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

12 means a final or interlocutory partial final judgment 

13 and decree entered by the United States District 

14 Court for the District of New Mexico with respect 

15 to the water rights of Ohkay Owingeh in the Rio 

16 Chama Stream System— 

17 (A) that is substantially in the form de18 scribed in the Agreement, as amended to ensure 

19 consistency with this Act; and 

20 (B) from which no further appeal may be 

21 taken. 

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

23 Grant’’ means the land recognized and confirmed by 

24 the Federal patent issued to Ohkay Owingeh (then 


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

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

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

4 means any real property that is— 

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

6 Ohkay Owingeh within the Rio Chama Stream 

7 System; 

8 (B) owned by the Pueblo within the Rio 

9 Chama Stream System before the Enforce10 ability Date; or 

11 (C) acquired by the Pueblo within the Rio 

12 Chama Stream System on or after the Enforce13 ability Date if the real property is located— 

14 (i) within the exterior boundaries of 

15 the Pueblo Grant; or 

16 (ii) within the exterior boundaries of 

17 any territory set aside for the Pueblo by 

18 law, Executive order, or court decree. 

19 (10) PUEBLO WATER RIGHTS.—The term 

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

21 Ohkay Owingeh in the Rio Chama Stream System— 

22 (A) as identified in the Agreement and sec23 tion 5; and 

24 (B) as confirmed in the Partial Final 

25 Judgment and Decree. 


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

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

3 surface water drainage basin within the State, as il4 lustrated in Exhibit A to the Agreement. 

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

6 means the Secretary of the Interior. 

7 (13) SIGNATORY ACEQUIA.—The term ‘‘Signa8 tory Acequia’’ means an acequia that is a signatory 

9 to the Agreement. 

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

11 State of New Mexico. 

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

13 means the Ohkay Owingeh Water Rights Settlement 

14 Trust Fund established under section 6(a). 

15 SEC. 4. RATIFICATION OF AGREEMENT. 

16 (a) RATIFICATION.— 

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

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

19 conflict with this Act, the Agreement is authorized, 

20 ratified, and confirmed. 

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

22 Agreement, or to any exhibit to the Agreement re23 quiring the signature of the Secretary, is executed in 

24 accordance with this Act to make the Agreement 


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1 consistent with this Act, the amendment is author2 ized, ratified, and confirmed. 

3 (b) EXECUTION.— 

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

5 does not conflict with this Act, the Secretary shall 

6 execute the Agreement, including all exhibits thereto 

7 or parts of the Agreement requiring the signature of 

8 the Secretary. 

9 (2) MODIFICATIONS.—Nothing in this Act pro10 hibits the Secretary, after execution of the Agree11 ment, from approving any modification to the Agree12 ment, including an exhibit to the Agreement, that is 

13 consistent with this Act, to the extent that the modi14 fication does not otherwise require congressional ap15 proval under section 2116 of the Revised Statutes 

16 (25 U.S.C. 177) or any other applicable provision of 

17 Federal law. 

18 (c) ENVIRONMENTAL COMPLIANCE.— 

19 (1) IN GENERAL.—In implementing the Agree20 ment and this Act, the Secretary shall comply 

21 with— 

22 (A) the Endangered Species Act of 1973 

23 (16 U.S.C. 1531 et seq.); 


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1 (B) the National Environmental Policy Act 

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

3 implementing regulations of that Act; and 

4 (C) all other applicable Federal environ5 mental laws and regulations. 

6 (2) COMPLIANCE AND COORDINATION.— 

7 (A) IN GENERAL.—In implementing the 

8 Agreement and this Act, the Pueblo shall pre9 pare any necessary environmental documents 

10 consistent with— 

11 (i) the Endangered Species Act of 

12 1973 (16 U.S.C. 1531 et seq.); 

13 (ii) the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.), in15 cluding the implementing regulations of 

16 that Act; and 

17 (iii) all other applicable Federal envi18 ronmental laws and regulations. 

19 (B) AUTHORIZATIONS.—The Secretary 

20 shall— 

21 (i) independently evaluate the docu22 mentation required under subparagraph 

23 (A); and 

24 (ii) be responsible for the accuracy, 

25 scope, and contents of that documentation. 


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1 (C) COORDINATION WITH ARMY CORPS OF

2 ENGINEERS.—For any bosque restoration or 

3 improvement project carried out by the Pueblo 

4 with funds appropriated under this Act, the 

5 Pueblo shall coordinate with the Corps of Engi6 neers to ensure that work on the project shall 

7 not interfere with or adversely affect any au8 thorized Federal project that is under the juris9 diction and authority of the Corps of Engineers. 

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

11 the Agreement by the Secretary under this section 

12 shall not constitute a major Federal action under 

13 the National Environmental Policy Act of 1969 (42 

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

15 (4) COSTS.—Any costs associated with the per16 formance of the compliance and coordination activi17 ties under this subsection shall be paid from funds 

18 deposited in the Trust Fund, subject to the condi19 tion that any costs associated with the performance 

20 of Federal approval or other review of that compli21 ance work or costs associated with inherently Fed22 eral functions shall remain the responsibility of the 

23 Secretary, with the exception that costs for review of 

24 bosque restoration or improvement projects by the 

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


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1 shall be paid from funds deposited in the Trust 

2 Fund. 

3 SEC. 5. PUEBLO WATER RIGHTS. 

4 (a) TRUST STATUS OF THE PUEBLO WATER

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

6 by the United States on behalf of Ohkay Owingeh in ac7 cordance with the Agreement and this Act. 

8 (b) FORFEITURE AND ABANDONMENT.— 

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

10 shall not be subject to loss through non-use, for11 feiture, abandonment, or other operation of law. 

12 (2) STATE LAW-BASED WATER RIGHTS.—State13 law based water rights acquired by Ohkay Owingeh, 

14 or by the United States on behalf of Ohkay 

15 Owingeh, after the date for inclusion in the Partial 

16 Final Judgment and Decree, shall not be subject to 

17 forfeiture, abandonment, or permanent alienation 

18 from the time they are acquired. 

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

20 be subject to the terms and conditions of the Agreement 

21 and this Act. 

22 (d) AUTHORITY OF THE PUEBLO.— 

23 (1) IN GENERAL.—Ohkay Owingeh may allo24 cate, distribute, and lease the Pueblo Water Rights 

25 for use on Pueblo Land in accordance with the 


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1 Agreement, this Act, and applicable Federal law, in2 cluding the Act of August 9, 1955 (25 U.S.C. 415 

3 et seq.) (commonly known as the ‘‘Long-Term Leas4 ing Act’’). 

5 (2) USE OFF PUEBLO LAND.— 

6 (A) IN GENERAL.—Ohkay Owingeh may 

7 allocate, distribute, and lease the Pueblo Water 

8 Rights for use off Pueblo Land in accordance 

9 with the Agreement, this Act, and applicable 

10 Federal law, subject to the approval of the Sec11 retary. 

12 (B) MAXIMUM TERM OF LEASES.—The 

13 maximum term of any lease, including all re14 newals, under this paragraph shall not exceed 

15 99 years. 

16 (e) ADMINISTRATION.— 

17 (1) NO ALIENATION.—The Pueblo shall not 

18 permanently alienate any portion of the Pueblo 

19 Water Rights. 

20 (2) PURCHASES OR GRANTS OF LAND FROM IN21 DIANS.—An authorization provided by this Act for 

22 the allocation, distribution, leasing, or other ar23 rangement entered into pursuant to this Act shall be 

24 considered to satisfy any requirement for authoriza25 tion of the action required by Federal law. 


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

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

4 abandonment, relinquishment, or other loss of all or 

5 any portion of the Pueblo Water Rights. 

6 SEC. 6. SETTLEMENT TRUST FUND. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

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

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

10 and distributed by the Secretary and to remain available 

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

12 of the Treasury, consisting of the amounts deposited in 

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

14 investment earnings, including interest, earned on those 

15 amounts for the purpose of carrying out this Act. 

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

17 Trust Fund the amounts made available pursuant to sec18 tion 7(a). 

19 (c) MANAGEMENT AND INTEREST.— 

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

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

22 Secretary shall manage, invest, and distribute all 

23 amounts in the Trust Fund in a manner that is con24 sistent with the investment authority of the Sec25 retary under— 


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

2 1938 (25 U.S.C. 162a); 

3 (B) the American Indian Trust Fund Man4 agement Reform Act of 1994 (25 U.S.C. 4001 

5 et seq.); and 

6 (C) this subsection. 

7 (2) INVESTMENT EARNINGS.—In addition to 

8 the amounts deposited into the Trust Fund under 

9 subsection (b), any investment earnings, including 

10 interest, earned on those amounts held in the Trust 

11 Fund are authorized to be used in accordance with 

12 subsections (e) and (g). 

13 (d) AVAILABILITY OF AMOUNTS.— 

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

15 and deposited in, the Trust Fund, including any in16 vestment earnings (including interest) earned on 

17 those amounts, shall be made available to Ohkay 

18 Owingeh by the Secretary beginning on the Enforce19 ability Date, subject to the requirements of this sec20 tion, except for funds to be made available to Ohkay 

21 Owingeh pursuant to paragraph (2). 

22 (2) USE OF FUNDS.—Notwithstanding para23 graph (1), not more than $100,000,000 of the 

24 amounts deposited in the Trust Fund, including any 

25 investment earnings, including interest, earned on 


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1 those amounts, shall be available to Ohkay Owingeh 

2 for the following uses on the date on which the 

3 amounts are deposited in the Trust Fund: 

4 (A) Diversions of surface water and 

5 groundwater to the Rio Chama bosque for im6 mediate and essential restoration and mainte7 nance of the bosque. 

8 (B) Fulfillment of the contribution of the 

9 Pueblo under the Agreement for improvements 

10 to senior acequias on Pueblo Land supplying 

11 water to the Pueblo and non-Indians. 

12 (C) Establishment and operation of the 

13 water rights management administrative de14 partment of the Pueblo. 

15 (D) Acquisition of water rights. 

16 (E) Development of water infrastructure 

17 plans, preparing environmental compliance doc18 uments, and water project engineering and con19 struction. 

20 (e) WITHDRAWALS.— 

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

23 1994.— 

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


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1 Fund on approval by the Secretary of a Tribal 

2 management plan submitted by the Pueblo in 

3 accordance with the American Indian Trust 

4 Fund Management Reform Act of 1994 (25 

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

6 (B) REQUIREMENTS.—In addition to the 

7 requirements under the American Indian Trust 

8 Fund Management Reform Act of 1994 (25 

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

10 plan under subparagraph (A) shall require that 

11 the Pueblo shall spend all amounts withdrawn 

12 from the Trust Fund, and any investment earn13 ings (including interest) earned on those 

14 amounts through the investments under the 

15 Tribal management plan, in accordance with 

16 this Act. 

17 (C) ENFORCEMENT.—The Secretary may 

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

21 under subparagraph (A) to ensure that 

22 amounts withdrawn by the Pueblo from the 

23 Trust Fund under that subparagraph are used 

24 in accordance with this Act. 


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1 (2) WITHDRAWALS UNDER EXPENDITURE

2 PLAN.— 

3 (A) IN GENERAL.—Ohkay Owingeh may 

4 submit to the Secretary a request to withdraw 

5 funds from the Trust Fund pursuant to an ap6 proved expenditure plan. 

7 (B) REQUIREMENTS.—To be eligible to 

8 withdraw amounts under an expenditure plan 

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

11 any portion of the Trust Fund the Pueblo elects 

12 to withdraw pursuant to that subparagraph, 

13 subject to the condition that the amounts shall 

14 be used for the purposes described in this Act. 

15 (C) INCLUSIONS.—An expenditure plan 

16 under subparagraph (A) shall include a descrip17 tion of the manner and purpose for which the 

18 amounts proposed to be withdrawn from the 

19 Trust Fund will be used by Ohkay Owingeh, in 

20 accordance with this subsection and subsection 

21 (g). 

22 (D) APPROVAL.—The Secretary shall ap23 prove an expenditure plan submitted under sub24 paragraph (A) if the Secretary determines that 

25 the plan— 


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1 (i) is reasonable; and 

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

3 for, the purposes of this Act. 

4 (E) ENFORCEMENT.—The Secretary may 

5 carry out such judicial and administrative ac6 tions as the Secretary determines to be nec7 essary to enforce an expenditure plan to ensure 

8 that amounts disbursed under this paragraph 

9 are used in accordance with this Act. 

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

11 gives Ohkay Owingeh the right to judicial review of a de12 termination of the Secretary relating to whether to ap13 prove a Tribal management plan under paragraph (1) of 

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

15 of that subsection, except under subchapter II of chapter 

16 5, and chapter 7, of title 5, United States Code (commonly 

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

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

19 the following purposes: 

20 (1) Planning, permitting, designing, engineer21 ing, constructing, reconstructing, replacing, rehabili22 tating, operating, or repairing water production, 

23 treatment, or delivery infrastructure, including for 

24 domestic and municipal supply or wastewater infra25 structure. 


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1 (2) Planning, permitting, designing, engineer2 ing, constructing, reconstructing, replacing, rehabili3 tating, operating, or repairing water production, 

4 treatment, or delivery infrastructure, acquisition of 

5 water, or on-farm improvements for irrigation, live6 stock, and support of agriculture. 

7 (3) Planning, permitting, designing, engineer8 ing, constructing, reconstructing, replacing, rehabili9 tating, operating, monitoring or other measures for 

10 watershed and endangered species habitat protec11 tion, bosque restoration or improvement (including 

12 any required cost shares for and allowable contribu13 tions to a Federal project or program), land and 

14 water rights acquisition, water-related Pueblo com15 munity welfare and economic development, and costs 

16 relating to implementation of the Agreement. 

17 (4) The management and administration of any 

18 water rights of the Pueblo. 

19 (5) Ensuring environmental compliance in the 

20 development and construction of projects under this 

21 Act. 

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

23 the Treasury shall not be liable for the expenditure or in24 vestment of any amounts withdrawn from the Trust Fund 


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

2 (e). 

3 (i) EXPENDITURE REPORTS.—Ohkay Owingeh shall 

4 annually submit to the Secretary an expenditure report 

5 describing accomplishments and amounts spent from use 

6 of withdrawals under a Tribal management plan or an ex7 penditure plan under paragraph (1) or (2) of subsection 

8 (e), as applicable. 

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

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

11 to any member of Ohkay Owingeh. 

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

13 over, and operation of any project constructed using funds 

14 from the Trust Fund shall remain in Ohkay Owingeh, ex15 cept that title to projects that are improved with funds 

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

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

18 remain with the underlying non-Indian owner. 

19 (l) OPERATION, MAINTENANCE, AND REPLACE20 MENT.—All operation, maintenance, and replacement 

21 costs of any project constructed using funds from the 

22 Trust Fund shall be the responsibility of Ohkay Owingeh. 

23 SEC. 7. FUNDING. 

24 (a) MANDATORY APPROPRIATIONS.—Out of any 

25 funds in the Treasury not otherwise appropriated, the SecVerDate Sep 11 2014 03:09 Aug 01, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4505.IS S4505

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1 retary of the Treasury shall transfer to the Secretary for 

2 deposit in the Trust Fund $745,000,000, to remain avail3 able until expended, withdrawn, or reverted to the general 

4 fund of the Treasury. 

5 (b) FLUCTUATION IN COSTS.— 

6 (1) IN GENERAL.—The amount appropriated 

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

8 as appropriate, by such amounts as may be justified 

9 by reason of ordinary fluctuations in costs, as indi10 cated by the Bureau of Reclamation Construction 

11 Cost Index–Composite Trend. 

12 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

13 amount appropriated under subsection (a) shall be 

14 adjusted to address construction cost changes nec15 essary to account for unforeseen market volatility 

16 that may not otherwise be captured by engineering 

17 cost indices, as determined by the Secretary, includ18 ing repricing applicable to the types of construction 

19 and current industry standards involved. 

20 (3) REPETITION.—The adjustment process 

21 under this subsection shall be repeated for each sub22 sequent amount appropriated until the applicable 

23 amount, as adjusted, has been appropriated. 

24 (4) PERIOD OF INDEXING.—The period of in25 dexing adjustment under this subsection for any inVerDate Sep 11 2014 03:09 Aug 01, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4505.IS S4505

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1 crement of funding shall start on June 1, 2023, and 

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

3 the Trust Fund. 

4 (c) STATE COST SHARE.—Pursuant to the Agree5 ment, the State shall contribute— 

6 (1) $98,500,000, as adjusted for inflation pur7 suant to the Agreement, for Signatory Acequias 

8 ditch improvements, projects, and other purposes de9 scribed in the Agreement; 

10 (2) $32,000,000, as adjusted for inflation pur11 suant to the Agreement, for the City of Espan ̃ola for 

12 water system improvement projects; and 

13 (3) $500,000, to be deposited in an interest14 bearing account, to mitigate impairment to non15 Pueblo domestic and livestock groundwater rights as 

16 a result of new Pueblo water use. 

17 SEC. 8. ENFORCEABILITY DATE. 

18 The Enforceability Date shall be the date on which 

19 the Secretary publishes in the Federal Register a state20 ment of findings that— 

21 (1) to the extent that the Agreement conflicts 

22 with this Act, the Agreement has been amended to 

23 conform with this Act; 


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1 (2) the Agreement, as amended, has been exe2 cuted by all parties to the Agreement, including the 

3 United States; 

4 (3) the United States District Court for the 

5 District of New Mexico has approved the Agreement 

6 and has entered a Partial Final Judgment and De7 cree; 

8 (4) all the amounts appropriated under section 

9 7(a) have been appropriated and deposited in the 

10 Trust Fund; 

11 (5) the State has— 

12 (A) provided the funding under section 

13 7(c)(1) or entered into a funding agreement 

14 with the intended beneficiary for that funding; 

15 (B) provided the funding under section 

16 7(c)(2) or entered into a funding agreement 

17 with the intended beneficiary for that funding; 

18 (C) provided the funding under section 

19 7(c)(3) and deposited that amount into the ap20 propriate funding account; and 

21 (D) enacted legislation to amend State law 

22 to provide that the Pueblo Water Rights may 

23 be leased for a term not to exceed 99 years, in24 cluding renewals; and 


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1 (6) the waivers and releases under section 9 

2 have been executed by Ohkay Owingeh and the Sec3 retary. 

4 SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 

5 (a) WAIVERS AND RELEASES OF CLAIMS BY OHKAY

6 OWINGEH AND UNITED STATES AS TRUSTEE FOR OHKAY

7 OWINGEH.—Subject to the reservation of rights and re8 tention of claims under subsection (d), as consideration 

9 for recognition of the Pueblo Water Rights and other ben10 efits described in the Agreement and this Act, Ohkay 

11 Owingeh and the United States, acting as trustee for 

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

13 claims for— 

14 (1) water rights within the Rio Chama Stream 

15 System that Ohkay Owingeh, or the United States 

16 acting as trustee for Ohkay Owingeh, asserted or 

17 could have asserted in any proceeding, including the 

18 Adjudication, on or before the Enforceability Date, 

19 except to the extent that such rights are recognized 

20 in the Agreement and this Act; and 

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

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

23 of water rights (including claims for injury to land 

24 resulting from such damages, losses, injuries, inter25 ference, diversion, or taking of water rights) in the 


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1 Rio Chama Stream System that accrued at any time 

2 up to and including the Enforceability Date. 

3 (b) WAIVERS AND RELEASES OF CLAIMS BY OHKAY

4 OWINGEH AGAINST THE UNITED STATES.—Subject to the 

5 reservation of rights and retention of claims under sub6 section (d), Ohkay Owingeh shall execute a waiver and re7 lease of all claims against the United States (including any 

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

9 within the Rio Chama Stream System first arising before 

10 the Enforceability Date relating to— 

11 (1) water rights within the Rio Chama Stream 

12 System that the United States, acting as trustee for 

13 Ohkay Owingeh, asserted or could have asserted in 

14 any proceeding, including the Adjudication, except to 

15 the extent that such rights are recognized as part of 

16 the Pueblo Water Rights under this Act; 

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

18 water, on and off Pueblo Land (including water 

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

20 Chama Stream System; 

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

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

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

24 injuries to hunting, fishing, gathering, or cultural 

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


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•S 4505 IS

1 relating to interference with, diversion of, or taking 

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

3 acquire, replace, or develop water, water rights, or 

4 water infrastructure) within the Rio Chama Stream 

5 System; 

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

7 rural, or industrial water delivery system on Pueblo 

8 Land within the Rio Chama Stream System; 

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

10 rights, land, or natural resources due to construc11 tion, operation, and management of irrigation 

12 projects on Pueblo Land or Federal land and facili13 ties (including damages, losses, or injuries to fish 

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

15 Chama Stream System; 

16 (6) failure to provide for operation, mainte17 nance, or deferred maintenance for any irrigation 

18 system or irrigation project within the Rio Chama 

19 Stream System; 

20 (7) failure to provide a dam safety improvement 

21 to a dam on Pueblo Land within the Rio Chama 

22 Stream System; 

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

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

25 and maintenance of Abiquiu Dam and its associated 


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1 infrastructure and resulting Rio Chama flow man2 agement; 

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

4 right of Ohkay Owingeh within the Rio Chama 

5 Stream System; 

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

7 Pueblo within the Pueblo Grant on the Rio Chama 

8 and Rio Grande as asserted in Ohkay Owingeh v. 

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

10 Claims); 

11 (11) failure of the United States to acknowl12 edge and protect aboriginal rights to water in the 

13 Rio Chama Stream System; 

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

15 the irrigation water resources in the Rio Chama 

16 Stream System on the Pueblo Grant, including fail17 ure to— 

18 (A) construct and deliver water through 

19 the Highline Canal; 

20 (B) make improvements to the Chamita 

21 Ditch; and 

22 (C) repurchase arable land unlawfully ob23 tained by non-Indians; 

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

25 or remedy non-Indians’ trespass on or seizure of arVerDate Sep 11 2014 03:09 Aug 01, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4505.IS S4505

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•S 4505 IS

1 able Pueblo lands in the Rio Chama Stream System 

2 on the Pueblo Grant; and 

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

4 the Agreement (including exhibits) and this Act. 

5 (c) EFFECTIVE DATE.—The waivers and releases de6 scribed in subsections (a) and (b) shall take effect on the 

7 Enforceability Date. 

8 (d) RESERVATION OF RIGHTS AND RETENTION OF

9 CLAIMS.—Notwithstanding the waivers and releases under 

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

11 acting as trustee for Ohkay Owingeh, shall retain all 

12 claims relating to— 

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

14 the Enforceability Date relating to, water rights rec15 ognized under the Agreement, this Act, or the Par16 tial Final Judgment and Decree entered in the Ad17 judication; 

18 (2) activities affecting the quality of water, in19 cluding claims under— 

20 (A) the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 

22 1980 (42 U.S.C. 9601 et seq.), including claims 

23 for damages to natural resources; 

24 (B) the Safe Drinking Water Act (42 

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


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1 (C) the Federal Water Pollution Control 

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

3 (D) any regulations implementing the Acts 

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

5 (3) the right to use and protect water rights ac6 quired after the date of enactment of this Act; 

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

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

9 rights, including hunting, fishing, gathering, or cul10 tural rights; 

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

12 and powers not specifically waived and released pur13 suant to this Act or the Agreement; and 

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

15 outside of the Rio Chama Stream System. 

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

17 the Agreement or this Act— 

18 (1) reduces or extends the sovereignty (includ19 ing civil and criminal jurisdiction) of any govern20 ment entity; 

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

22 sovereign, to carry out any activity authorized by 

23 law, including— 


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•S 4505 IS

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

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

4 (B) the Safe Drinking Water Act (42 

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

6 (C) the Federal Water Pollution Control 

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

8 (D) the Solid Waste Disposal Act (42 

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

10 (E) any regulations implementing the Acts 

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

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

13 act as trustee for the Pueblo (consistent with this 

14 Act), any other pueblo or Indian Tribe, or an allot15 tee of any other pueblo or Indian Tribe; 

16 (4) confers jurisdiction on any State court— 

17 (A) to interpret Federal law relating to 

18 health, safety, or the environment; 

19 (B) to determine the duties of the United 

20 States or any other party under Federal law re21 lating to health, safety, or the environment; 

22 (C) to conduct judicial review of any Fed23 eral agency action; or 

24 (D) to interpret Pueblo law; or 


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•S 4505 IS

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

2 Owingeh in an individual capacity that does not de3 rive from a right of the Pueblo. 

4 (f) TOLLING OF CLAIMS.— 

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

6 limitation and time-based equitable defense relating 

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

8 the period beginning on the date of enactment of 

9 this Act and ending on the Enforceability Date. 

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

11 subsection revives any claim or tolls any period of 

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

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

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

18 (g) EXPIRATION.— 

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

20 case in which the Secretary fails to publish a state21 ment of findings under section 8 by not later than— 

22 (A) July 1, 2038; or 

23 (B) such alternative later date as is agreed 

24 to by Ohkay Owingeh and the Secretary, after 

25 providing reasonable notice to the State. 


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

2 paragraph (1)— 

3 (A) the waivers and releases under sub4 sections (a) and (b) shall— 

5 (i) expire; and 

6 (ii) have no further force or effect; 

7 (B) the authorization, ratification, con8 firmation, and execution of the Agreement 

9 under section 4 shall no longer be effective; 

10 (C) any action carried out by the Sec11 retary, and any contract or agreement entered 

12 into, pursuant to this Act shall be void; 

13 (D) any unexpended Federal funds appro14 priated or made available to carry out the ac15 tivities authorized by this Act, together with 

16 any interest earned on those funds, and any 

17 water rights or contracts to use water and title 

18 to other property acquired or constructed with 

19 Federal funds appropriated or made available 

20 to carry out the activities authorized by this Act 

21 shall be returned to the Federal Government, 

22 unless otherwise agreed to by Ohkay Owingeh 

23 and the United States and approved by Con24 gress; and 


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1 (E) except for Federal funds used to ac2 quire or construct property that is returned to 

3 the Federal Government under subparagraph 

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

5 any Federal funds made available to carry out 

6 this Act that were expended or withdrawn, or 

7 any funds made available to carry out this Act 

8 from other Federal authorized sources, together 

9 with any interest accrued on those funds, 

10 against any claims against the United States— 

11 (i) relating to— 

12 (I) water rights in the State as13 serted by— 

14 (aa) Ohkay Owingeh; or 

15 (bb) any user of the Pueblo 

16 Water Rights; or 

17 (II) any other matter covered by 

18 subsection (b); or 

19 (ii) in any future settlement of water 

20 rights of Ohkay Owingeh. 

21 SEC. 10. SATISFACTION OF CLAIMS. 

22 The benefits provided under this Act shall be in com23 plete replacement of, complete substitution for, and full 

24 satisfaction of any claim of Ohkay Owingeh against the 


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•S 4505 IS

1 United States that is waived and released by Ohkay 

2 Owingeh pursuant to section 9(b). 

3 SEC. 11. MISCELLANEOUS PROVISIONS. 

4 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

5 UNITED STATES.—Nothing in this Act waives the sov6 ereign immunity of the United States. 

7 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

8 Nothing in this Act quantifies or diminishes any land or 

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

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

11 Ohkay Owingeh. 

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

13 affects any provision of law (including regulations) in ef14 fect on the day before the date of enactment of this Act 

15 with respect to pre-enforcement review of any Federal en16 vironmental enforcement action. 

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

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

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

20 or improvement project carried out by the Pueblo with 

21 funds appropriated under this Act, the Pueblo shall hold 

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

23 construction or operation and maintenance of the project. 


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1 SEC. 12. ANTIDEFICIENCY. 

2 The United States shall not be liable for any failure 

3 to carry out any obligation or activity authorized by this 

4 Act, including any obligation or activity under the Agree5 ment, if adequate appropriations are not provided ex6 pressly by Congress to carry out the purposes of this Act. 

Æ 


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