IB 

Union Calendar No. 227 

111TH CONGRESS 

2D SESSION H. R. 3342 

[Report No. 111–390] 

To authorize the Secretary of the Interior, acting through the Commissioner 

of Reclamation, to develop water infrastructure in the Rio Grande Basin, 

and to approve the settlement of the water rights claims of the Pueblos 

of Nambe, Pojoaque, San Ildefonso, and Tesuque. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2009 

Mr. LUJA ́N introduced the following bill; which was referred to the Committee 

on Natural Resources 

JANUARY 12, 2010 

Additional sponsor: Mr. HEINRICH

JANUARY 12, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 24, 2009] 

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A BILL 

To authorize the Secretary of the Interior, acting through 

the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the 

settlement of the water rights claims of the Pueblos 

of Nambe, Pojoaque, San Ildefonso, and Tesuque. 

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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 ‘‘Aamodt Litigation Settlement Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of this 

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—POJOAQUE BASIN REGIONAL WATER SYSTEM 

Sec. 101. Authorization of Regional Water System. 

Sec. 102. Operating Agreement. 

Sec. 103. Acquisition of Pueblo water supply for the Regional Water System. 

Sec. 104. Delivery and allocation of Regional Water System capacity and water. 

Sec. 105. Aamodt Settlement Pueblos’ Fund. 

Sec. 106. Environmental compliance. 

Sec. 107. Authorization of appropriations. 

TITLE II—POJOAQUE BASIN INDIAN WATER RIGHTS SETTLEMENT 

Sec. 201. Settlement Agreement and contract approval. 

Sec. 202. Environmental compliance. 

Sec. 203. Conditions precedent and enforcement date. 

Sec. 204. Waivers and releases. 

Sec. 205. Effect. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) AAMODT CASE.—The term ‘‘Aamodt Case’’ 

11 means the civil action entitled State of New Mexico, 

12 ex rel. State Engineer and United States of America, 

13 Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San 

14 Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, 

15 et al., No. 66 CV 6639 MV/LCS (D.N.M.). 

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1 (2) ACRE-FEET.—The term ‘‘acre-feet’’ means 

2 acre-feet of water per year. 

3 (3) AUTHORITY.—The term ‘‘Authority’’ means 

4 the Pojoaque Basin Regional Water Authority de5 scribed in section 9.5 of the Settlement Agreement or 

6 an alternate entity acceptable to the Pueblos and the 

7 County to operate and maintain the diversion and 

8 treatment facilities, certain transmission pipelines, 

9 and other facilities of the Regional Water System. 

10 (4) CITY.—The term ‘‘City’’ means the city of 

11 Santa Fe, New Mexico. 

12 (5) COST-SHARING AND SYSTEM INTEGRATION

13 AGREEMENT.—The term ‘‘Cost-Sharing and System 

14 Integration Agreement’’ means the agreement to be ex15 ecuted by the United States, the State, the Pueblos, 

16 the County, and the City that— 

17 (A) describes the location, capacity, and 

18 management (including the distribution of water 

19 to customers) of the Regional Water System; and 

20 (B) allocates the costs of the Regional Water 

21 System with respect to— 

22 (i) the construction, operation, mainte23 nance, and repair of the Regional Water 

24 System; 

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1 (ii) rights-of-way for the Regional 

2 Water System; and 

3 (iii) the acquisition of water rights. 

4 (6) COUNTY.—The term ‘‘County’’ means Santa 

5 Fe County, New Mexico. 

6 (7) COUNTY DISTRIBUTION SYSTEM.—The term 

7 ‘‘County Distribution System’’ means the portion of 

8 the Regional Water System that serves water cus9 tomers on non-Pueblo land in the Pojoaque Basin. 

10 (8) COUNTY WATER UTILITY.—The term ‘‘County 

11 Water Utility’’ means the water utility organized by 

12 the County to— 

13 (A) receive water distributed by the Author14 ity; and 

15 (B) provide the water received under sub16 paragraph (A) to customers on non-Pueblo land 

17 in the Pojoaque Basin. 

18 (9) ENGINEERING REPORT.—The term ‘‘Engi19 neering Report’’ means the report entitled ‘‘Pojoaque 

20 Regional Water System Engineering Report’’ dated 

21 September 2008 and any amendments thereto, includ22 ing any modifications which may be required by sec23 tion 101(d)(2). 

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1 (10) FUND.—The term ‘‘Fund’’ means the 

2 Aamodt Settlement Pueblos’ Fund established by sec3 tion 105(a). 

4 (11) OPERATING AGREEMENT.—The term ‘‘Oper5 ating Agreement’’ means the agreement between the 

6 Pueblos and the County executed under section 

7 102(a). 

8 (12) OPERATIONS, MAINTENANCE, AND REPLACE9 MENT COSTS.— 

10 (A) IN GENERAL.—The term ‘‘operations, 

11 maintenance, and replacement costs’’ means all 

12 costs for the operation of the Regional Water 

13 System that are necessary for the safe, efficient, 

14 and continued functioning of the Regional Water 

15 System to produce the benefits described in the 

16 Settlement Agreement. 

17 (B) EXCLUSION.—The term ‘‘operations, 

18 maintenance, and replacement costs’’ does not 

19 include construction costs or costs related to con20 struction design and planning. 

21 (13) POJOAQUE BASIN.— 

22 (A) IN GENERAL.—The term ‘‘Pojoaque 

23 Basin’’ means the geographic area limited by a 

24 surface water divide (which can be drawn on a 

25 topographic map), within which area rainfall 

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1 and runoff flow into arroyos, drainages, and 

2 named tributaries that eventually drain to— 

3 (i) the Rio Pojoaque; or 

4 (ii) the 2 unnamed arroyos imme5 diately south; and 

6 (iii) 2 arroyos (including the Arroyo 

7 Alamo) that are north of the confluence of 

8 the Rio Pojoaque and the Rio Grande. 

9 (B) INCLUSION.—The term ‘‘Pojoaque 

10 Basin’’ includes the San Ildefonso Eastern Res11 ervation recognized by section 8 of Public Law 

12 87–231 (75 Stat. 505). 

13 (14) PUEBLO.—The term ‘‘Pueblo’’ means each 

14 of the pueblos of Nambe, Pojoaque, San Ildefonso, or 

15 Tesuque. 

16 (15) PUEBLOS.—The term ‘‘Pueblos’’ means col17 lectively the Pueblos of Nambe, Pojoaque, San 

18 Ildefonso, and Tesuque. 

19 (16) PUEBLO LAND.—The term ‘‘Pueblo land’’ 

20 means any real property that is— 

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

22 a Pueblo within the Pojoaque Basin; 

23 (B)(i) owned by a Pueblo within the 

24 Pojoaque Basin before the date on which a court 

25 approves the Settlement Agreement; or 

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1 (ii) acquired by a Pueblo on or after the 

2 date on which a court approves the Settlement 

3 Agreement, if the real property is located— 

4 (I) within the exterior boundaries of 

5 the Pueblo, as recognized and conformed by 

6 a patent issued under the Act of December 

7 22, 1858 (11 Stat. 374, chapter V); or 

8 (II) within the exterior boundaries of 

9 any territory set aside for the Pueblo by 

10 law, executive order, or court decree; 

11 (C) owned by a Pueblo or held by the 

12 United States in trust for the benefit of a Pueblo 

13 outside the Pojoaque Basin that is located within 

14 the exterior boundaries of the Pueblo as recog15 nized and confirmed by a patent issued under 

16 the Act of December 22, 1858 (11 Stat. 374, 

17 chapter V); or 

18 (D) within the exterior boundaries of any 

19 real property located outside the Pojoaque Basin 

20 set aside for a Pueblo by law, executive order, or 

21 court decree, if the land is within or contiguous 

22 to land held by the United States in trust for the 

23 Pueblo as of January 1, 2005. 

24 (17) PUEBLO WATER FACILITY.— 

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1 (A) IN GENERAL.—The term ‘‘Pueblo Water 

2 Facility’’ means— 

3 (i) a portion of the Regional Water 

4 System that serves only water customers on 

5 Pueblo land; and 

6 (ii) portions of a Pueblo water system 

7 in existence on the date of enactment of this 

8 Act that serve water customers on non9 Pueblo land, also in existence on the date of 

10 enactment of this Act, or their successors, 

11 that are— 

12 (I) depicted in the final project 

13 design, as modified by the drawings re14 flecting the completed Regional Water 

15 System; and 

16 (II) described in the Operating 

17 Agreement. 

18 (B) INCLUSIONS.—The term ‘‘Pueblo Water 

19 Facility’’ includes— 

20 (i) the barrier dam and infiltration 

21 project on the Rio Pojoaque described in the 

22 Engineering Report; and 

23 (ii) the Tesuque Pueblo infiltration 

24 pond described in the Engineering Report. 

25 (18) REGIONAL WATER SYSTEM.— 

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1 (A) IN GENERAL.—The term ‘‘Regional 

2 Water System’’ means the Regional Water Sys3 tem described in section 101(a). 

4 (B) EXCLUSIONS.—The term ‘‘Regional 

5 Water System’’ does not include the County or 

6 Pueblo water supply delivered through the Re7 gional Water System. 

8 (19) SAN JUAN-CHAMA PROJECT.—The term 

9 ‘‘San Juan-Chama Project’’ means the Project au10 thorized by section 8 of the Act of June 13, 1962 (76 

11 Stat. 96, 97), and the Act of April 11, 1956 (70 Stat. 

12 105). 

13 (20) SAN JUAN-CHAMA PROJECT ACT.—The term 

14 ‘‘San Juan-Chama Project Act’’ means sections 8 

15 through 18 of the Act of June 13, 1962 (76 Stat. 96, 

16 97). 

17 (21) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (22) SETTLEMENT AGREEMENT.—The term ‘‘Set20 tlement Agreement’’ means the stipulated and binding 

21 agreement among the State, the Pueblos, the United 

22 States, the County, and the City dated January 19, 

23 2006, and signed by all of the government parties to 

24 the Settlement Agreement (other than the United 

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1 States) on May 3, 2006, and as amended in con2 formity with this Act. 

3 (23) STATE.—The term ‘‘State’’ means the State 

4 of New Mexico. 

5 TITLE I—POJOAQUE BASIN 

6 REGIONAL WATER SYSTEM 

7 SEC. 101. AUTHORIZATION OF REGIONAL WATER SYSTEM. 

8 (a) IN GENERAL.—The Secretary, acting through the 

9 Commissioner of Reclamation, shall plan, design, and con10 struct a regional water system in accordance with the Set11 tlement Agreement, to be known as the ‘‘Regional Water 

12 System’’— 

13 (1) to divert and distribute water to the Pueblos 

14 and to the County Water Utility, in accordance with 

15 the Engineering Report; and 

16 (2) that consists of— 

17 (A) surface water diversion facilities at San 

18 Ildefonso Pueblo on the Rio Grande; and 

19 (B) any treatment, transmission, storage 

20 and distribution facilities and wellfields for the 

21 County Distribution System and Pueblo Water 

22 Facilities that are necessary to supply 4,000 

23 acre-feet of water within the Pojoaque Basin, un24 less modified in accordance with subsection 

25 (d)(2). 

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1 (b) FINAL PROJECT DESIGN.—The Secretary shall 

2 issue a final project design within 90 days of completion 

3 of the environmental compliance described in section 106 

4 for the Regional Water System that— 

5 (1) is consistent with the Engineering Report; 

6 and 

7 (2) includes a description of any Pueblo Water 

8 Facilities. 

9 (c) ACQUISITION OF LAND; WATER RIGHTS.— 

10 (1) ACQUISITION OF LAND.—Upon request, and 

11 in exchange for the funding which shall be provided 

12 in section 107(c), the Pueblos shall consent to the 

13 grant of such easements and rights-of-way as may be 

14 necessary for the construction of the Regional Water 

15 System at no cost to the Secretary. To the extent that 

16 the State or County own easements or rights-of-way 

17 that may be used for construction of the Regional 

18 Water System, the State or County shall provide that 

19 land or interest in land as necessary for construction 

20 at no cost to the Secretary. The Secretary shall ac21 quire any other land or interest in land that is nec22 essary for the construction of the Regional Water Sys23 tem. 

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1 (2) WATER RIGHTS.—The Secretary shall not 

2 condemn water rights for purposes of the Regional 

3 Water System. 

4 (d) CONDITIONS FOR CONSTRUCTION.— 

5 (1) IN GENERAL.—The Secretary shall not begin 

6 construction of the Regional Water System facilities 

7 until the date on which— 

8 (A) the Secretary executes— 

9 (i) the Settlement Agreement; and 

10 (ii) the Cost-Sharing and System Inte11 gration Agreement; and 

12 (B) the State and the County have entered 

13 into an agreement with the Secretary to con14 tribute the non-Federal share of the costs of the 

15 construction in accordance with the Cost-Shar16 ing and System Integration Agreement. 

17 (2) MODIFICATIONS TO REGIONAL WATER SYS18 TEM.— 

19 (A) IN GENERAL.—The State and the Coun20 ty, in agreement with the Pueblos, the City, and 

21 other signatories to the Cost-Sharing and System 

22 Integration Agreement, may modify the extent, 

23 size, and capacity of the County Distribution 

24 System as set forth in the Cost-Sharing and Sys25 tem Integration Agreement. 

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1 (B) EFFECT.—A modification under sub2 paragraph (A)— 

3 (i) shall not affect implementation of 

4 the Settlement Agreement so long as the 

5 provisions in section 203 are satisfied; and 

6 (ii) may result in an adjustment of the 

7 State and County cost-share allocation as 

8 set forth in the Cost-Sharing and System 

9 Integration Agreement. 

10 (e) APPLICABLE LAW.—The Indian Self-Determina11 tion and Education Assistance Act (25 U.S.C. 450 et seq.) 

12 shall not apply to the design and construction of the Re13 gional Water System. 

14 (f) CONSTRUCTION COSTS.— 

15 (1) PUEBLO WATER FACILITIES.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), the expenditures of the Sec18 retary to construct the Pueblo Water Facilities 

19 under this section shall not exceed $106,400,000. 

20 (B) EXCEPTION.—The amount described in 

21 subparagraph (A) shall be increased or de22 creased, as appropriate, based on ordinary fluc23 tuations in construction costs since October 1, 

24 2006, as determined using applicable engineer25 ing cost indices. 

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1 (2) COSTS TO PUEBLO.—The costs incurred by 

2 the Secretary in carrying out activities to construct 

3 the Pueblo Water Facilities under this section shall 

4 not be reimbursable to the United States. 

5 (3) COUNTY DISTRIBUTION SYSTEM.—The costs 

6 of constructing the County Distribution System shall 

7 be at State and local expense. 

8 (g) STATE AND LOCAL CAPITAL OBLIGATIONS.—The 

9 State and local capital obligations for the Regional Water 

10 System described in the Cost-Sharing and System Integra11 tion Agreement shall be satisfied on the payment of the 

12 State and local capital obligations described in the Cost13 Sharing and System Integration Agreement. 

14 (h) CONVEYANCE OF REGIONAL WATER SYSTEM FA15 CILITIES.— 

16 (1) IN GENERAL.—Subject to paragraph (2), on 

17 completion of the construction of the Regional Water 

18 System, the Secretary, in accordance with the Oper19 ating Agreement, shall convey to— 

20 (A) each Pueblo the portion of any Pueblo 

21 Water Facility that is located within the bound22 aries of the Pueblo, including any land or inter23 est in land located within the boundaries of the 

24 Pueblo that is acquired by the United States for 

25 the construction of the Pueblo Water Facility; 

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1 (B) the County the County Distribution 

2 System, including any land or interest in land 

3 acquired by the United States for the construc4 tion of the County Distribution System; and 

5 (C) the Authority any portions of the Re6 gional Water System that remain after making 

7 the conveyances under subparagraphs (A) and 

8 (B), including any land or interest in land ac9 quired by the United States for the construction 

10 of the portions of the Regional Water System. 

11 (2) CONDITIONS FOR CONVEYANCE.—The Sec12 retary shall not convey any portion of the Regional 

13 Water System facilities under paragraph (1) until the 

14 date on which— 

15 (A) construction of the Regional Water Sys16 tem is complete; and 

17 (B) the Operating Agreement is executed in 

18 accordance with section 102. 

19 (3) SUBSEQUENT CONVEYANCE.—On conveyance 

20 by the Secretary under paragraph (1), the Pueblos, 

21 the County, and the Authority shall not reconvey any 

22 portion of the Regional Water System conveyed to the 

23 Pueblos, the County, and the Authority, respectively, 

24 unless the reconveyance is authorized by an Act of 

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1 Congress enacted after the date of enactment of this 

2 Act. 

3 (4) INTEREST OF THE UNITED STATES.—On con4 veyance of a portion of the Regional Water System 

5 under paragraph (1), the United States shall have no 

6 further right, title, or interest in and to the portion 

7 of the Regional Water System conveyed. 

8 (5) ADDITIONAL CONSTRUCTION.—On convey9 ance of a portion of the Regional Water System under 

10 paragraph (1), the Pueblos, County, or the Authority, 

11 as applicable, may, at the expense of the Pueblos, 

12 County, or the Authority, construct any additional 

13 infrastructure that is necessary to fully use the water 

14 delivered by the Regional Water System. 

15 (6) LIABILITY.— 

16 (A) IN GENERAL.—Effective on the date of 

17 conveyance of any land or facility under this 

18 section, the United States shall not be held liable 

19 by any court for damages of any kind arising 

20 out of any act, omission, or occurrence relating 

21 to the land and facilities conveyed, other than 

22 damages caused by acts of negligence by the 

23 United States, or by employees or agents of the 

24 United States, prior to the date of conveyance. 

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1 (B) TORT CLAIMS.—Nothing in this section 

2 increases the liability of the United States be3 yond the liability provided in chapter 171 of 

4 title 28, United States Code (commonly known 

5 as the ‘‘Federal Tort Claims Act’’). 

6 (7) EFFECT.—Nothing in any transfer of owner7 ship provided or any conveyance thereto as provided 

8 in this section shall extinguish the right of any Pueb9 lo, the County, or the Regional Water Authority to the 

10 continuous use and benefit of each easement or right 

11 of way for the use, operation, maintenance, repair, 

12 and replacement of Pueblo Water Facilities, the Coun13 ty Distribution System or the Regional Water System 

14 or for wastewater purposes as provided in the Cost15 Sharing and System Integration Agreement. 

16 SEC. 102. OPERATING AGREEMENT. 

17 (a) IN GENERAL.—The Pueblos and the County shall 

18 submit to the Secretary an executed Operating Agreement 

19 for the Regional Water System that is consistent with this 

20 Act, the Settlement Agreement, and the Cost-Sharing and 

21 System Integration Agreement not later than 180 days after 

22 the later of— 

23 (1) the date of completion of environmental com24 pliance and permitting; or 

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1 (2) the date of issuance of a final project design 

2 for the Regional Water System under section 101(b). 

3 (b) APPROVAL.—Not later than 180 days after receipt 

4 of the operating agreement described in subsection (a), the 

5 Secretary shall approve the Operating Agreement upon de6 termination that the Operating Agreement is consistent 

7 with this Act, the Settlement Agreement, and the Cost-Shar8 ing and System Integration Agreement. 

9 (c) CONTENTS.—The Operating Agreement shall in10 clude— 

11 (1) provisions consistent with the Settlement 

12 Agreement and the Cost-Sharing and System Integra13 tion Agreement and necessary to implement the in14 tended benefits of the Regional Water System de15 scribed in those documents; 

16 (2) provisions for— 

17 (A) the distribution of water conveyed 

18 through the Regional Water System, including a 

19 delineation of— 

20 (i) distribution lines for the County 

21 Distribution System; 

22 (ii) distribution lines for the Pueblo 

23 Water Facilities; and 

24 (iii) distribution lines that serve 

25 both— 

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1 (I) the County Distribution Sys2 tem; and 

3 (II) the Pueblo Water Facilities; 

4 (B) the allocation of the Regional Water 

5 System capacity; 

6 (C) the terms of use of unused water capac7 ity in the Regional Water System; 

8 (D) the construction of additional infra9 structure and the acquisition of associated 

10 rights-of-way or easements necessary to enable 

11 any of the Pueblos or the County to fully use 

12 water allocated to the Pueblos or the County 

13 from the Regional Water System, including pro14 visions addressing when the construction of such 

15 additional infrastructure requires approval by 

16 the Authority; 

17 (E) the allocation and payment of annual 

18 operation, maintenance, and replacement costs 

19 for the Regional Water System, including the 

20 portions of the Regional Water System that are 

21 used to treat, transmit, and distribute water to 

22 both the Pueblo Water Facilities and the County 

23 Water Utility; 

24 (F) the operation of wellfields located on 

25 Pueblo land; 

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1 (G) the transfer of any water rights nec2 essary to provide the Pueblo water supply de3 scribed in section 103(a); 

4 (H) the operation of the Regional Water 

5 System with respect to the water supply, includ6 ing the allocation of the water supply in accord7 ance with section 3.1.8.4.2 of the Settlement 

8 Agreement so that, in the event of a shortage of 

9 supply to the Regional Water System, the supply 

10 to each of the Pueblos’ and to the County’s dis11 tribution system shall be reduced on a prorata 

12 basis, in proportion to each distribution system’s 

13 most current annual use; and 

14 (I) dispute resolution; and 

15 (3) provisions for operating and maintaining the 

16 Regional Water System facilities before and after con17 veyance under section 101(h), including provisions 

18 to— 

19 (A) ensure that— 

20 (i) the operation of, and the diversion 

21 and conveyance of water by, the Regional 

22 Water System is in accordance with the 

23 Settlement Agreement; 

24 (ii) the wells in the Regional Water 

25 System are used in conjunction with the 

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1 surface water supply of the Regional Water 

2 System to ensure a reliable firm supply of 

3 water to all users of the Regional Water 

4 System, consistent with the intent of the 

5 Settlement Agreement that surface supplies 

6 will be used to the maximum extent feasible; 

7 (iii) the respective obligations regard8 ing delivery, payment, operation, and man9 agement are enforceable; and 

10 (iv) the County has the right to serve 

11 any new water users located on non-Pueblo 

12 land in the Pojoaque Basin; and 

13 (B) allow for any aquifer storage and recov14 ery projects that are approved by the Office of 

15 the New Mexico State Engineer. 

16 (d) EFFECT.—Nothing in this Act precludes the Oper17 ating Agreement from authorizing phased or interim oper18 ations if the Regional Water System is constructed in 

19 phases. 

20 SEC. 103. ACQUISITION OF PUEBLO WATER SUPPLY FOR 

21 THE REGIONAL WATER SYSTEM. 

22 (a) IN GENERAL.—For the purpose of providing a reli23 able firm supply of water from the Regional Water System 

24 for the Pueblos in accordance with the Settlement Agree25 ment, the Secretary, on behalf of the Pueblos, shall— 

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1 (1) acquire water rights to— 

2 (A) 302 acre-feet of Nambe reserved water 

3 described in section 2.6.2 of the Settlement 

4 Agreement pursuant to section 107(c)(1)(C); and 

5 (B) 1141 acre-feet from water acquired by 

6 the County for water rights commonly referred to 

7 as ‘‘Top of the World’’ rights in the Aamodt 

8 Case; 

9 (2) enter into a contract with the Pueblos for 

10 1,079 acre-feet in accordance with section 11 of the 

11 San Juan-Chama Project Act; and 

12 (3) by application to the State Engineer, seek 

13 approval to divert the water acquired and made 

14 available under paragraphs (1) and (2) at the points 

15 of diversion for the Regional Water System, consistent 

16 with the Settlement Agreement and the Cost-Sharing 

17 and System Integration Agreement. 

18 (b) FORFEITURE.—The nonuse of the water supply se19 cured by the Secretary for the Pueblos under subsection (a) 

20 shall in no event result in forfeiture, abandonment, relin21 quishment, or other loss thereof. 

22 (c) TRUST.—The Pueblo water supply secured under 

23 subsection (a) shall be held by the United States in trust 

24 for the Pueblos. 

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1 (d) APPLICABLE LAW.—The water supply made avail2 able pursuant to subsection (a)(2) shall be subject to the 

3 San Juan-Chama Project Act, and no preference shall be 

4 provided to the Pueblos as a result of subsection (c) with 

5 regard to the delivery or distribution of San Juan-Chama 

6 Project water or the management or operation of the San 

7 Juan-Chama Project. 

8 (e) CONTRACT FOR SAN JUAN-CHAMA PROJECT

9 WATER SUPPLY.—With respect to the contract for the water 

10 supply required by subsection (a)(2), such San Juan11 Chama Project contract shall be pursuant to the following 

12 terms: 

13 (1) WAIVERS.—Notwithstanding the provisions 

14 of the San Juan-Chama Project Act, or any other 

15 provision of law— 

16 (A) the Secretary shall waive the entirety of 

17 the Pueblos’ share of the construction costs for 

18 the San Juan-Chama Project, and pursuant to 

19 that waiver, the Pueblos’ share of all construc20 tion costs for the San Juan-Chama Project, in21 clusive of both principal and interest, due from 

22 1972 to the execution of the contract required by 

23 subsection (a)(2), shall be nonreimbursable; 

24 (B) the Secretary’s waiver of each Pueblo’s 

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1 Chama Project will not result in an increase in 

2 the pro rata shares of other San Juan-Chama 

3 Project water contractors, but such costs shall be 

4 absorbed by the United States Treasury or other5 wise appropriated to the Department of the Inte6 rior; and 

7 (C) the costs associated with any water 

8 made available from the San Juan-Chama 

9 Project which were determined nonreimbursable 

10 and nonreturnable pursuant to Public Law No. 

11 88–293, 78 Stat. 171 (March 26, 1964), shall re12 main nonreimbursable and nonreturnable. 

13 (2) TERMINATION.—The contract shall provide 

14 that it shall terminate only upon the following condi15 tions— 

16 (A) failure of the United States District 

17 Court for the District of New Mexico to enter a 

18 final decree for the Aamodt Case by December 

19 15, 2012, or within the time period of any exten20 sion of that deadline granted by the court; or 

21 (B) entry of an order by the United States 

22 District Court for the District of New Mexico 

23 voiding the final decree and Settlement Agree24 ment for the Aamodt Case pursuant to section 

25 10.3 of the Settlement Agreement. 

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1 (f) LIMITATION.—The Secretary shall use the water 

2 supply secured under subsection (a) only for the purposes 

3 described in the Settlement Agreement. 

4 (g) FULFILLMENT OF WATER SUPPLY ACQUISITION

5 OBLIGATIONS.—Compliance with subsections (a) through 

6 (f) shall satisfy any and all obligations of the Secretary 

7 to acquire or secure a water supply for the Pueblos pursu8 ant to the Settlement Agreement. 

9 (h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREE10 MENT UNAFFECTED.—Notwithstanding the provisions of 

11 subsections (a) through (g), the Pueblos, the County or the 

12 Regional Water Authority may acquire any additional 

13 water rights to ensure all parties to the Settlement Agree14 ment receive the full allocation of water provided by the 

15 Settlement Agreement and nothing in this Act amends or 

16 modifies the quantities of water allocated to the Pueblos 

17 thereunder. 

18 SEC. 104. DELIVERY AND ALLOCATION OF REGIONAL 

19 WATER SYSTEM CAPACITY AND WATER. 

20 (a) ALLOCATION OF REGIONAL WATER SYSTEM CA21 PACITY.— 

22 (1) IN GENERAL.—The Regional Water System 

23 shall have the capacity to divert from the Rio Grande 

24 a quantity of water sufficient to provide— 

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1 (A) up to 4,000 acre-feet of consumptive use 

2 of water; and 

3 (B) the requisite peaking capacity described 

4 in— 

5 (i) the Engineering Report; and 

6 (ii) the final project design. 

7 (2) ALLOCATION TO THE PUEBLOS AND COUNTY

8 WATER UTILITY.—Of the capacity described in para9 graph (1)— 

10 (A) there shall be allocated to the Pueblos— 

11 (i) sufficient capacity for the convey12 ance of 2,500 acre-feet consumptive use; and 

13 (ii) the requisite peaking capacity for 

14 the quantity of water described in clause 

15 (i); and 

16 (B) there shall be allocated to the County 

17 Water Utility— 

18 (i) sufficient capacity for the convey19 ance of up to 1,500 acre-feet consumptive 

20 use; and 

21 (ii) the requisite peaking capacity for 

22 the quantity of water described in clause 

23 (i). 

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1 (3) APPLICABLE LAW.—Water shall be allocated 

2 to the Pueblos and the County Water Utility under 

3 this subsection in accordance with— 

4 (A) this title; 

5 (B) the Settlement Agreement; and 

6 (C) the Operating Agreement. 

7 (b) DELIVERY OF REGIONAL WATER SYSTEM

8 WATER.—The Authority shall deliver water from the Re9 gional Water System— 

10 (1) to the Pueblos water in a quantity sufficient 

11 to allow full consumptive use of up to 2,500 acre-feet 

12 per year of water rights by the Pueblos in accordance 

13 with— 

14 (A) the Settlement Agreement; 

15 (B) the Operating Agreement; and 

16 (C) this title; and 

17 (2) to the County water in a quantity sufficient 

18 to allow full consumptive use of up to 1,500 acre-feet 

19 per year of water rights by the County Water Utility 

20 in accordance with— 

21 (A) the Settlement Agreement; 

22 (B) the Operating Agreement; and 

23 (C) this title. 

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1 (c) ADDITIONAL USE OF ALLOCATION QUANTITY AND

2 UNUSED CAPACITY.—The Regional Water System may be 

3 used to— 

4 (1) provide for use of return flow credits to allow 

5 for full consumptive use of the water allocated in the 

6 Settlement Agreement to each of the Pueblos and to 

7 the County; and 

8 (2) convey water allocated to one of the Pueblos 

9 or the County Water Utility for the benefit of another 

10 Pueblo or the County Water Utility or allow use of 

11 unused capacity by each other through the Regional 

12 Water System in accordance with an intergovern13 mental agreement between the Pueblos, or between a 

14 Pueblo and County Water Utility, as applicable, if— 

15 (A) such intergovernmental agreements are 

16 consistent with the Operating Agreement, the 

17 Settlement Agreement, and this Act; 

18 (B) capacity is available without reducing 

19 water delivery to any Pueblo or the County 

20 Water Utility in accordance with the Settlement 

21 Agreement, unless the County Water Utility or 

22 Pueblo contracts for a reduction in water deliv23 ery or Regional Water System capacity; 

24 (C) the Pueblo or County Water Utility 

25 contracting for use of the unused capacity or 

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1 water has the right to use the water under appli2 cable law; and 

3 (D) any agreement for the use of unused ca4 pacity or water provides for payment of the op5 eration, maintenance, and replacement costs as6 sociated with the use of capacity or water. 

7 SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. 

8 (a) ESTABLISHMENT OF THE AAMODT SETTLEMENT

9 PUEBLOS’ FUND.—There is established in the Treasury of 

10 the United States a fund, to be known as the ‘‘Aamodt Set11 tlement Pueblos’ Fund,’’ consisting of— 

12 (1) such amounts as are made available to the 

13 Fund under section 107(c) or other authorized 

14 sources; and 

15 (2) any interest earned from investment of 

16 amounts in the Fund under subsection (b). 

17 (b) MANAGEMENT OF THE FUND.—The Secretary shall 

18 manage the Fund, invest amounts in the Fund, and make 

19 amounts available from the Fund for distribution to the 

20 Pueblos in accordance with— 

21 (1) the American Indian Trust Fund Manage22 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

23 and 

24 (2) this Act. 

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1 (c) INVESTMENT OF THE FUND.—On the date set forth 

2 in section 203(a)(1), the Secretary shall invest amounts in 

3 the Fund in accordance with— 

4 (1) the Act of April 1, 1880 (25 U.S.C. 161); 

5 (2) the first section of the Act of June 24, 1938 

6 (25 U.S.C. 162a); and 

7 (3) the American Indian Trust Fund Manage8 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

9 (d) TRIBAL MANAGEMENT PLAN.— 

10 (1) IN GENERAL.—A Pueblo may withdraw all 

11 or part of the Pueblo’s portion of the Fund on ap12 proval by the Secretary of a tribal management plan 

13 as described in the American Indian Trust Fund 

14 Management Reform Act of 1994 (25 U.S.C. 4001 et 

15 seq.). 

16 (2) REQUIREMENTS.—In addition to the require17 ments under the American Indian Trust Fund Man18 agement Reform Act of 1994 (25 U.S.C. 4001 et seq.), 

19 the tribal management plan shall require that a 

20 Pueblo spend any amounts withdrawn from the Fund 

21 in accordance with the purposes described in section 

22 107(c). 

23 (3) ENFORCEMENT.—The Secretary may take ju24 dicial or administrative action to enforce the provi25 sions of any tribal management plan to ensure that 

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1 any amounts withdrawn from the Fund under an ap2 proved tribal management plan are used in accord3 ance with this title. 

4 (4) LIABILITY.—If a Pueblo or the Pueblos exer5 cise the right to withdraw amounts from the Fund, 

6 neither the Secretary nor the Secretary of the Treas7 ury shall retain any liability for the expenditure or 

8 investment of the amounts withdrawn. 

9 (5) EXPENDITURE PLAN.— 

10 (A) IN GENERAL.—The Pueblos shall submit 

11 to the Secretary for approval an expenditure 

12 plan for any portion of the amounts in the Fund 

13 that the Pueblos do not withdraw under this sub14 section. 

15 (B) DESCRIPTION.—The expenditure plan 

16 shall describe the manner in which, and the pur17 poses for which, amounts remaining in the Fund 

18 will be used. 

19 (C) APPROVAL.—On receipt of an expendi20 ture plan under subparagraph (A), the Secretary 

21 shall approve the plan if the Secretary deter22 mines that the plan is reasonable and consistent 

23 with this Act, the Settlement Agreement, and the 

24 Cost-Sharing and System Integration Agree25 ment. 

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1 (D) ANNUAL REPORT.—The Pueblos shall 

2 submit to the Secretary an annual report that 

3 describes all expenditures from the Fund during 

4 the year covered by the report. 

5 (6) NO PER CAPITA PAYMENTS.—No part of the 

6 principal of the Fund, or the interest or income ac7 cruing on the principal shall be distributed to any 

8 member of a Pueblo on a per capita basis. 

9 (7) AVAILABILITY OF AMOUNTS FROM THE

10 FUND.— 

11 (A) APPROVAL OF SETTLEMENT AGREE12 MENT.—Amounts made available under subpara13 graphs (A) and (C) of section 107(c)(1) or from 

14 other authorized sources shall be available for ex15 penditure or withdrawal only after the date on 

16 which the United States District Court for the 

17 District of New Mexico issues an order approv18 ing the Settlement Agreement. 

19 (B) COMPLETION OF CERTAIN PORTIONS OF

20 REGIONAL WATER SYSTEM.—Amounts made 

21 available under section 107(c)(1)(B) or from 

22 other authorized sources shall be available for ex23 penditure or withdrawal only after those por24 tions of the Regional Water System described in 

25 section 1.5.24 of the Settlement Agreement have 

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1 been declared substantially complete by the Sec2 retary. 

3 (C) FAILURE TO FULFILL CONDITIONS

4 PRECEDENT.—If the conditions precedent in sec5 tion 203 have not been fulfilled by September 15, 

6 2017, the United States shall be entitled to set off 

7 any funds expended or withdrawn from the 

8 amounts appropriated pursuant to section 

9 107(c), together with any interest accrued, 

10 against any claims asserted by the Pueblos 

11 against the United States relating to the water 

12 rights in the Pojoaque Basin. 

13 SEC. 106. ENVIRONMENTAL COMPLIANCE. 

14 (a) IN GENERAL.—In carrying out this title, the Sec15 retary shall comply with each law of the Federal Govern16 ment relating to the protection of the environment, includ17 ing— 

18 (1) the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.); and 

20 (2) the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.). 

22 (b) NATIONAL ENVIRONMENTAL POLICY ACT.—Noth23 ing in this Act affects the outcome of any analysis con24 ducted by the Secretary or any other Federal official under 

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1 the National Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.). 

3 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) REGIONAL WATER SYSTEM.— 

5 (1) IN GENERAL.—Subject to paragraph (4), 

6 there is authorized to be appropriated to the Sec7 retary for the planning, design, and construction of 

8 the Regional Water System and the conduct of envi9 ronmental compliance activities under section 106 an 

10 amount not to exceed $106,400,000, as adjusted under 

11 paragraph (3), for the period of fiscal years 2010 

12 through 2022, to remain available until expended. 

13 (2) PRIORITY OF FUNDING.—Of the amounts au14 thorized under paragraph (1), the Secretary shall give 

15 priority to funding— 

16 (A) the construction of the San Ildefonso 

17 portion of the Regional Water System, consisting 

18 of— 

19 (i) the surface water diversion, treat20 ment, and transmission facilities at San 

21 Ildefonso Pueblo; and 

22 (ii) the San Ildefonso Pueblo portion of 

23 the Pueblo Water Facilities; and 

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1 (B) that part of the Regional Water System 

2 providing 475 acre-feet to Pojoaque Pueblo pur3 suant to section 2.2 of the Settlement Agreement. 

4 (3) ADJUSTMENT.—The amount authorized 

5 under paragraph (1) shall be adjusted annually to ac6 count for increases in construction costs since October 

7 1, 2006, as determined using applicable engineering 

8 cost indices. 

9 (4) LIMITATIONS.— 

10 (A) IN GENERAL.—No amounts shall be 

11 made available under paragraph (1) for the con12 struction of the Regional Water System until the 

13 date on which the United States District Court 

14 for the District of New Mexico issues an order 

15 approving the Settlement Agreement. 

16 (B) RECORD OF DECISION.—No amounts 

17 made available under paragraph (1) shall be ex18 pended unless the record of decision issued by the 

19 Secretary after completion of an environmental 

20 impact statement provides for a preferred alter21 native that is in substantial compliance with the 

22 proposed Regional Water System, as defined in 

23 the Engineering Report. 

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1 (b) ACQUISITION OF WATER RIGHTS.—There is au2 thorized to be appropriated to the Secretary funds for the 

3 acquisition of the water rights under section 103(a)(1)(B)— 

4 (1) in the amount of $5,400,000.00 if such acqui5 sition is completed by December 31, 2010; and 

6 (2) the amount authorized under paragraph 

7 (b)(1) shall be adjusted according to the CPI Urban 

8 Index commencing January 1, 2011. 

9 (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 

10 (1) IN GENERAL.—There is authorized to be ap11 propriated to the Fund the following amounts for the 

12 period of fiscal years 2010 through 2022: 

13 (A) $15,000,000, which shall be allocated to 

14 the Pueblos, in accordance with section 2.7.1 of 

15 the Settlement Agreement, for the rehabilitation, 

16 improvement, operation, maintenance, and re17 placement of the agricultural delivery facilities, 

18 waste water systems, and other water-related in19 frastructure of the applicable Pueblo. The 

20 amount authorized herein shall be adjusted ac21 cording to the CPI Urban Index commencing Oc22 tober 1, 2006. 

23 (B) $37,500,000, which shall be allocated to 

24 an account, to be established not later than Jan25 uary 1, 2016, to assist the Pueblos in paying the 

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1 Pueblos’ share of the cost of operating, maintain2 ing, and replacing the Pueblo Water Facilities 

3 and the Regional Water System. 

4 (C) $5,000,000 and any interest thereon, 

5 which shall be allocated to the Pueblo of Nambe 

6 for the acquisition of the Nambe reserved water 

7 rights in accordance with section 103(a)(1)(A). 

8 The amount authorized herein shall be adjusted 

9 according to the CPI Urban Index commencing 

10 January 1, 2011. The funds provided under this 

11 section may be used by the Pueblo of Nambe only 

12 for the acquisition of land, other real property 

13 interests, or economic development. 

14 (2) OPERATION, MAINTENANCE, AND REPLACE15 MENT COSTS.— 

16 (A) IN GENERAL.—Prior to conveyance of 

17 the Regional Water System pursuant to section 

18 101, the Secretary is authorized to and shall pay 

19 any operation, maintenance or replacement costs 

20 associated with the Pueblo Water Facilities or 

21 the Regional Water System up to an amount 

22 that does not exceed $5,000,000, which is author23 ized to be appropriated to the Secretary. 

24 (B) OBLIGATION OF FEDERAL GOVERNMENT

25 AFTER COMPLETION.—The amount authorized 

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1 under subparagraph (A) shall expire after the 

2 date on which construction of the Regional 

3 Water System is completed and the amounts re4 quired to be deposited in the account have been 

5 deposited under this section by the Federal Gov6 ernment. 

7 TITLE II—POJOAQUE BASIN IN8 DIAN WATER RIGHTS SETTLE9 MENT 

10 SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT AP11 PROVAL. 

12 (a) APPROVAL.—To the extent the Settlement Agree13 ment and the Cost-Sharing and System Integration Agree14 ment do not conflict with this Act, the Settlement Agreement 

15 and the Cost-Sharing and System Integration Agreement 

16 (including any amendments to the Settlement Agreement 

17 and the Cost-Sharing and System Integration Agreement 

18 that are executed to make the Settlement Agreement or the 

19 Cost-Sharing and System Integration Agreement consistent 

20 with this Act) are authorized, ratified, and confirmed. 

21 (b) EXECUTION.—To the extent the Settlement Agree22 ment and the Cost-Sharing and System Integration Agree23 ment do not conflict with this Act, the Secretary shall exe24 cute the Settlement Agreement and the Cost-Sharing and 

25 System Integration Agreement (including any amendments 

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1 that are necessary to make the Settlement Agreement or the 

2 Cost-Sharing and System Integration Agreement consistent 

3 with this Act). 

4 (c) AUTHORITIES OF THE PUEBLOS.— 

5 (1) IN GENERAL.—Each of the Pueblos may 

6 enter into contracts to lease or exchange water rights 

7 or to forbear undertaking new or expanded water uses 

8 for water rights recognized in section 2.1 of the Settle9 ment Agreement for use within the Pojoaque Basin in 

10 accordance with the other limitations of section 2.1.5 

11 of the Settlement Agreement provided that section 

12 2.1.5 is amended accordingly. 

13 (2) EXECUTION.—The Secretary shall not execute 

14 the Settlement Agreement until such amendment is 

15 accomplished under paragraph (1). 

16 (3) APPROVAL BY SECRETARY.—Consistent with 

17 the Settlement Agreement as amended under para18 graph (1), the Secretary shall approve or disapprove 

19 a lease entered into under paragraph (1). 

20 (4) PROHIBITION ON PERMANENT ALIENATION.— 

21 No lease or contract under paragraph (1) shall be for 

22 a term exceeding 99 years, nor shall any such lease 

23 or contract provide for permanent alienation of any 

24 portion of the water rights made available to the 

25 Pueblos under the Settlement Agreement. 

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1 (5) APPLICABLE LAW.—Section 2116 of the Re2 vised Statutes (25 U.S.C. 177) shall not apply to any 

3 lease or contract entered into under paragraph (1). 

4 (6) LEASING OR MARKETING OF WATER SUP5 PLY.—The water supply provided on behalf of the 

6 Pueblos pursuant to section 103(a)(1) may only be 

7 leased or marketed by any of the Pueblos pursuant to 

8 the intergovernmental agreements described in section 

9 104(c)(2). 

10 (d) AMENDMENTS TO CONTRACTS.—The Secretary 

11 shall amend the contracts relating to the Nambe Falls Dam 

12 and Reservoir that are necessary to use water supplied from 

13 the Nambe Falls Dam and Reservoir in accordance with 

14 the Settlement Agreement. 

15 SEC. 202. ENVIRONMENTAL COMPLIANCE. 

16 (a) EFFECT OF EXECUTION OF SETTLEMENT AGREE17 MENT.—The execution of the Settlement Agreement under 

18 section 201(b) shall not constitute a major Federal action 

19 under the National Environmental Policy Act of 1969 (42 

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

21 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

22 carrying out this Act, the Secretary shall comply with each 

23 law of the Federal Government relating to the protection 

24 of the environment, including— 

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1 (1) the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); and 

3 (2) the Endangered Species Act of 1973 (16 

4 U.S.C. 1531 et seq.). 

5 SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT 

6 DATE. 

7 (a) CONDITIONS PRECEDENT.— 

8 (1) IN GENERAL.—Upon the fulfillment of the 

9 conditions precedent described in paragraph (2), the 

10 Secretary shall publish in the Federal Register by 

11 September 15, 2017, a statement of finding that the 

12 conditions have been fulfilled. 

13 (2) REQUIREMENTS.—The conditions precedent 

14 referred to in paragraph (1) are the conditions that— 

15 (A) to the extent that the Settlement Agree16 ment conflicts with this title, the Settlement 

17 Agreement has been revised to conform with this 

18 title; 

19 (B) the Settlement Agreement, so revised, 

20 including waivers and releases pursuant to sec21 tion 204, has been executed by the appropriate 

22 parties and the Secretary; 

23 (C) Congress has fully appropriated, or the 

24 Secretary has provided from other authorized 

25 sources, all funds authorized by section 107, with 

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1 the exception of subsection (a)(1) of that section, 

2 by December 15, 2016; 

3 (D) the Secretary has acquired and entered 

4 into appropriate contracts for the water rights 

5 described in section 103(a); 

6 (E) for purposes of section 103(a), permits 

7 have been issued by the New Mexico State Engi8 neer to the Regional Water Authority to change 

9 the points of diversion to the mainstem of the 

10 Rio Grande for the diversion and consumptive 

11 use of at least 2,381 acre-feet by the Pueblos as 

12 part of the water supply for the Regional Water 

13 System, subject to the conditions that— 

14 (i) the permits shall be free of any con15 dition that materially adversely affects the 

16 ability of the Pueblos or the Regional Water 

17 Authority to divert or use the Pueblo water 

18 supply described in section 103(a), includ19 ing water rights acquired in addition to 

20 those described in section 103(a), in accord21 ance with section 103(g); and 

22 (ii) the Settlement Agreement shall es23 tablish the means to address any permit 

24 conditions to ensure the ability of the Pueb25 los to fully divert and consume at least 

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1 2,381 acre-feet as part of the water supply 

2 for the Regional Water System, including 

3 defining the conditions that will not con4 stitute a material adverse affect; 

5 (F) the State has enacted any necessary leg6 islation and provided any funding that may be 

7 required under the Settlement Agreement; 

8 (G) a partial final decree that sets forth the 

9 water rights and other rights to water to which 

10 the Pueblos are entitled under the Settlement 

11 Agreement and this title and that substantially 

12 conforms to the Settlement Agreement has been 

13 approved by the United States District Court for 

14 the District of New Mexico; and 

15 (H) a final decree that sets forth the water 

16 rights for all parties to the Aamodt Case and 

17 that substantially conforms to the Settlement 

18 Agreement has been approved by the United 

19 States District Court for the District of New 

20 Mexico by June 15, 2017. 

21 (b) EXPIRATION DATE.—If all the conditions precedent 

22 described in subsection (a)(2) have not been fulfilled by Sep23 tember 15, 2017— 

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1 (1) the Settlement Agreement and this Act in2 cluding waivers described in those documents shall no 

3 longer be effective; and 

4 (2) any funds that have been appropriated under 

5 this Act but not expended shall immediately revert to 

6 the general fund of the United States Treasury. 

7 (c) ENFORCEMENT DATE.—The Settlement Agreement 

8 shall become enforceable as of the date that the United 

9 States District Court for the District of New Mexico enters 

10 a partial final decree pursuant to subsection (a)(2)(E) and 

11 an Interim Administrative Order consistent with the Settle12 ment Agreement. 

13 (d) EFFECTIVENESS OF WAIVERS.—The waivers and 

14 releases executed pursuant to section 204 shall become effec15 tive as of the date that the Secretary publishes the notice 

16 required by subsection (a)(1). 

17 (e) REQUIREMENTS FOR DETERMINATION OF SUB18 STANTIAL COMPLETION OF THE REGIONAL WATER SYS19 TEM.— 

20 (1) CRITERIA FOR SUBSTANTIAL COMPLETION OF

21 REGIONAL WATER SYSTEM.—Subject to the provisions 

22 in section 101(d) concerning the extent, size, and ca23 pacity of the County Distribution System, the Re24 gional Water System shall be determined to be submstockstill on DSKH9S0YB1PROD with BILLS

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1 stantially completed if the infrastructure has been 

2 constructed capable of— 

3 (A) diverting, treating, transmitting, and 

4 distributing a supply of 2,500 acre-feet of water 

5 to the Pueblos; and 

6 (B) diverting, treating, and transmitting 

7 the quantity of water specified in the Engineer8 ing Report to the County Distribution System. 

9 (2) CONSULTATION.—On or after June 30, 2021, 

10 at the request of 1 or more of the Pueblos, the Sec11 retary shall consult with the Pueblos and confer with 

12 the County and the State on whether the criteria in 

13 paragraph (1) for substantial completion of the Re14 gional Water System have been met or will be met by 

15 June 30, 2024. 

16 (3) WRITTEN DETERMINATION BY SECRETARY.— 

17 Not earlier than June 30, 2021, at the request of 1 

18 or more of the Pueblos and after the consultation re19 quired by paragraph (2), the Secretary shall— 

20 (A) determine whether the Regional Water 

21 System has been substantially completed based 

22 on the criteria described in paragraph (1); and 

23 (B) submit a written notice of the deter24 mination under subparagraph (A) to— 

25 (i) the Pueblos; 

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1 (ii) the County; and 

2 (iii) the State. 

3 (4) RIGHT TO REVIEW.— 

4 (A) IN GENERAL.—A determination by the 

5 Secretary under paragraph (3)(A) shall be con6 sidered to be a final agency action subject to ju7 dicial review by the Decree Court under sections 

8 701 through 706 of title 5, United States Code. 

9 (B) FAILURE TO MAKE TIMELY DETERMINA10 TION.— 

11 (i) IN GENERAL.—If a Pueblo requests 

12 a written determination under paragraph 

13 (3) and the Secretary fails to make such a 

14 written determination by the date described 

15 in clause (ii), there shall be a rebuttable 

16 presumption that the failure constitutes 

17 agency action unlawfully withheld or un18 reasonably delayed under section 706 of 

19 title 5, United States Code. 

20 (ii) DATE.—The date referred to in 

21 clause (i) is the date that is the later of— 

22 (I) the date that is 180 days after 

23 the date of receipt by the Secretary of 

24 the request by the Pueblo; and 

25 (II) June 30, 2023. 

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1 (C) EFFECT OF ACT.—Nothing in this Act 

2 gives any Pueblo or Settlement Party the right 

3 to judicial review of a determination of the Sec4 retary regarding whether the Regional Water 

5 System has been substantially completed except 

6 under subchapter II of chapter 5, and chapter 7, 

7 of title 5, United States Code (commonly known 

8 as the ‘‘Administrative Procedure Act’’). 

9 (5) RIGHT TO VOID FINAL DECREE.— 

10 (A) IN GENERAL.—Not later than June 30, 

11 2024, on a determination by the Secretary, after 

12 consultation with the Pueblos, that the Regional 

13 Water System is not substantially complete, 1 or 

14 more of the Pueblos, or the United States acting 

15 on behalf of a Pueblo, shall have the right to no16 tify the Decree Court of the determination. 

17 (B) EFFECT.—The Final Decree shall have 

18 no force or effect on a finding by the Decree 

19 Court that a Pueblo, or the United States acting 

20 on behalf of a Pueblo, has submitted proper noti21 fication under subparagraph (A). 

22 (f) VOIDING OF WAIVERS.—If the Final Decree is void 

23 under subsection (e)(5)— 

24 (1) the Settlement Agreement shall no longer be 

25 effective; 

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1 (2) the waivers and releases executed pursuant to 

2 section 204 shall no longer be effective; and 

3 (3) any unexpended Federal funds, together with 

4 any interest earned on those funds, and title to any 

5 property acquired or constructed with expended Fed6 eral funds shall be returned to the Federal Govern7 ment, unless otherwise agreed to by the Pueblos and 

8 the United States and approved by Congress. 

9 SEC. 204. WAIVERS AND RELEASES. 

10 (a) CLAIMS BY THE PUEBLOS AND THE UNITED

11 STATES.—In return for recognition of the Pueblos’ water 

12 rights and other benefits, including waivers and releases by 

13 non-Pueblo parties, as set forth in the Settlement Agreement 

14 and this Act, the Pueblos, on behalf of themselves and their 

15 members, and the United States acting in its capacity as 

16 trustee for the Pueblos are authorized to execute a waiver 

17 and release of— 

18 (1) all claims for water rights in the Pojoaque 

19 Basin that the Pueblos, or the United States acting 

20 in its capacity as trustee for the Pueblos, asserted, or 

21 could have asserted, in any proceeding, including the 

22 Aamodt Case, up to and including the waiver effec23 tiveness date identified in section 203(d), except to the 

24 extent that such rights are recognized in the Settle25 ment Agreement or this Act; 

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1 (2) all claims for water rights for lands in the 

2 Pojoaque Basin and for rights to use water in the 

3 Pojoaque Basin that the Pueblos, or the United States 

4 acting in its capacity as trustee for the Pueblos, 

5 might be able to otherwise assert in any proceeding 

6 not initiated on or before the date of enactment of this 

7 title, except to the extent that such rights are recog8 nized in the Settlement Agreement or this Act; 

9 (3) all claims for damages, losses or injuries to 

10 water rights or claims of interference with, diversion 

11 or taking of water (including claims for injury to 

12 land resulting from such damages, losses, injuries, in13 terference with, diversion, or taking) for land within 

14 the Pojoaque Basin that accrued at any time up to 

15 and including the waiver effectiveness date identified 

16 in section 203(d); 

17 (4) their defenses in the Aamodt Case to the 

18 claims previously asserted therein by other parties to 

19 the Settlement Agreement; 

20 (5) all pending and future inter se challenges to 

21 the quantification and priority of water rights of 

22 non-Pueblo wells in the Pojoaque Basin, except as 

23 provided by section 2.8 of the Settlement Agreement; 

24 (6) all pending and future inter se challenges 

25 against other parties to the Settlement Agreement; 

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1 (7) all claims for damages, losses, or injuries to 

2 water rights or claims of interference with, diversion 

3 or taking of water (including claims for injury to 

4 land resulting from such damages, losses, injuries, in5 terference with, diversion, or taking of water) attrib6 utable to City of Santa Fe pumping of groundwater 

7 that has effects on the ground and surface water sup8 plies of the Pojoaque Basin, provided that this waiver 

9 shall not be effective by the Pueblo of Tesuque unless 

10 there is a water resources agreement executed between 

11 the Pueblo of Tesuque and the City of Santa Fe; and 

12 (8) all claims for damages, losses, or injuries to 

13 water rights or claims of interference with, diversion 

14 or taking of water (including claims for injury to 

15 land resulting from such damages, losses, injuries, in16 terference with, diversion, or taking of water) attrib17 utable to County of Santa Fe pumping of ground18 water that has effects on the ground and surface water 

19 supplies of the Pojoaque Basin. 

20 (b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED

21 STATES.—The Pueblos, on behalf of themselves and their 

22 members, are authorized to execute a waiver and release 

23 of— 

24 (1) all claims against the United States, its 

25 agencies, or employees, relating to claims for water 

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1 rights in or water of the Pojoaque Basin or for rights 

2 to use water in the Pojoaque Basin that the United 

3 States acting in its capacity as trustee for the Pueblos 

4 asserted, or could have asserted, in any proceeding, 

5 including the Aamodt Case; 

6 (2) all claims against the United States, its 

7 agencies, or employees relating to damages, losses, or 

8 injuries to water, water rights, land, or natural re9 sources due to loss of water or water rights (including 

10 damages, losses or injuries to hunting, fishing, gath11 ering or cultural rights due to loss of water or water 

12 rights; claims relating to interference with, diversion 

13 or taking of water or water rights; or claims relating 

14 to failure to protect, acquire, replace, or develop 

15 water, water rights or water infrastructure) within 

16 the Pojoaque Basin that first accrued at any time up 

17 to and including the waiver effectiveness date identi18 fied in section 203(d); 

19 (3) all claims against the United States, its 

20 agencies, or employees for an accounting of funds ap21 propriated by Acts, including the Act of December 22, 

22 1927 (45 Stat. 2), the Act of March 4, 1929 (45 Stat. 

23 1562), the Act of March 26, 1930 (46 Stat. 90), the 

24 Act of February 14, 1931 (46 Stat. 1115), the Act of 

25 March 4, 1931 (46 Stat. 1552), the Act of July 1, 

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1 1932 (47 Stat. 525), the Act of June 22, 1936 (49 

2 Stat. 1757), the Act of August 9, 1937 (50 Stat. 564), 

3 and the Act of May 9, 1938 (52 Stat. 291), as author4 ized by the Pueblo Lands Act of June 7, 1924 (43 

5 Stat. 636), and the Pueblo Lands Act of May 31, 

6 1933 (48 Stat. 108), and for breach of Trust relating 

7 to funds for water replacement appropriated by said 

8 Acts that first accrued before the date of enactment of 

9 this Act; 

10 (4) all claims against the United States, its 

11 agencies, or employees relating to the pending litiga12 tion of claims relating to the Pueblos’ water rights in 

13 the Aamodt Case; and 

14 (5) all claims against the United States, its 

15 agencies, or employees relating to the negotiation, 

16 Execution or the adoption of the Settlement Agree17 ment, exhibits thereto, the Partial Final Decree, the 

18 Final Decree, or this Act. 

19 (c) RESERVATION OF RIGHTS AND RETENTION OF

20 CLAIMS.—Notwithstanding the waivers and releases author21 ized in this Act, the Pueblos on behalf of themselves and 

22 their members and the United States acting in its capacity 

23 as trustee for the Pueblos retain.— 

24 (1) all claims for enforcement of the Settlement 

25 Agreement, the Cost-Sharing and System Integration 

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1 Agreement, the Final Decree, including the Partial 

2 Final Decree, the San Juan-Chama Project contract 

3 between the Pueblos and the United States or this Act; 

4 (2) all rights to use and protect water rights ac5 quired after the date of enactment of this Act; 

6 (3) all rights to use and protect water rights ac7 quired pursuant to state law to the extent not incon8 sistent with the Partial Final Decree, Final Decree, 

9 and the Settlement Agreement; 

10 (4) all claims against persons other than Parties 

11 to the Settlement Agreement for damages, losses or in12 juries to water rights or claims of interference with, 

13 diversion or taking of water (including claims for in14 jury to lands resulting from such damages, losses, in15 juries, interference with, diversion, or taking of 

16 water) within the Pojoaque Basin arising out of ac17 tivities occurring outside the Pojoaque Basin; 

18 (5) all claims relating to activities affecting the 

19 quality of water including any claims the Pueblos 

20 may have under the Comprehensive Environmental 

21 Response, Compensation, and Liability Act of 1980 

22 (42 U.S.C. 9601 et seq.) (including claims for dam23 ages to natural resources), the Safe Drinking Water 

24 Act (42 U.S.C. 300f et seq.), the Federal Water Pollumstockstill on DSKH9S0YB1PROD with BILLS

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1 tion Control Act (33 U.S.C. 1251 et seq.), and the reg2 ulations implementing those laws; 

3 (6) all claims against the United States relating 

4 to damages, losses, or injuries to land or natural re5 sources not due to loss of water or water rights (in6 cluding hunting, fishing, gathering or cultural 

7 rights); 

8 (7) all claims for water rights from water sources 

9 outside the Pojoaque Basin for land outside the 

10 Pojoaque Basin owned by a Pueblo or held by the 

11 United States for the benefit of any of the Pueblos; 

12 and 

13 (8) all rights, remedies, privileges, immunities, 

14 powers and claims not specifically waived and re15 leased pursuant to this Act or the Settlement Agree16 ment. 

17 (d) EFFECT OF SECTION.—Nothing in the Settlement 

18 Agreement or this Act— 

19 (1) affects the ability of the United States acting 

20 in its sovereign capacity to take actions authorized by 

21 law, including any laws relating to health, safety, or 

22 the environment, including the Comprehensive Envi23 ronmental Response, Compensation, and Liability 

24 Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drink25 ing Water Act (42 U.S.C. 300f et seq.), the Federal 

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1 Water Pollution Control Act (33 U.S.C. 1251 et seq.), 

2 the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 

3 and the regulations implementing those laws; 

4 (2) affects the ability of the United States to take 

5 actions acting in its capacity as trustee for any other 

6 Indian tribe or allottee; or 

7 (3) confers jurisdiction on any State court to— 

8 (A) interpret Federal law regarding health, 

9 safety, or the environment or determine the du10 ties of the United States or other parties pursu11 ant to such Federal law; or 

12 (B) conduct judicial review of Federal agen13 cy action; 

14 (e) TOLLING OF CLAIMS.— 

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

16 limitation and time-based equitable defense relating 

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

18 the period beginning on the date of enactment of this 

19 Act and ending on June 30, 2021. 

20 (2) EFFECT OF SUBPARAGRAPH.—Nothing in 

21 this subsection revives any claim or tolls any period 

22 of limitation or time-based equitable defense that ex23 pired before the date of enactment of this Act. 

24 (3) LIMITATION.—Nothing in this section pre25 cludes the tolling of any period of limitations or any 

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1 time-based equitable defense under any other applica2 ble law. 

3 SEC. 205. EFFECT. 

4 Nothing in this Act or the Settlement Agreement affects 

5 the land and water rights, claims, or entitlements to water 

6 of any Indian tribe, pueblo, or community other than the 

7 Pueblos. 

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Union Calendar No. 227 

111TH CONGRESS 

2D SESSION H. R. 3342 

[Report No. 111–390] 

A BILL 

To authorize the Secretary of the Interior, acting 

Pojoaque, San Ildefonso, and Tesuque. water rights claims of the Pueblos of Nambe, Basin, and to approve the settlement of the velop water infrastructure in the Rio Grande through the Commissioner of Reclamation, to deJANUARY 12, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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