IB 

Union Calendar No. 232 

111TH CONGRESS 

2D SESSION H. R. 3254 

[Report No. 111–395] 

To approve the Taos Pueblo Indian Water Rights Settlement Agreement, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 17, 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 17, 2009] 

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A BILL 

To approve the Taos Pueblo Indian Water Rights Settlement 

Agreement, and for other purposes. 

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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 ‘‘Taos Pueblo Indian Water Rights 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. Purpose. 

Sec. 3. Definitions. 

Sec. 4. Pueblo rights. 

Sec. 5. Pueblo water infrastructure and watershed enhancement. 

Sec. 6. Taos Pueblo Water Development Fund. 

Sec. 7. Marketing. 

Sec. 8. Mutual-Benefit Projects. 

Sec. 9. San Juan-Chama Project contracts. 

Sec. 10. Authorizations, ratifications, confirmations, and conditions precedent. 

Sec. 11. Waivers and releases. 

Sec. 12. Interpretation and enforcement. 

Sec. 13. Disclaimer. 

8 SEC. 2. PURPOSE. 

9 The purposes of this Act are— 

10 (1) to approve, ratify, and confirm the Taos 

11 Pueblo Indian Water Rights Settlement Agreement; 

12 (2) to authorize and direct the Secretary to exe13 cute the Settlement Agreement and to perform all ob14 ligations of the Secretary under the Settlement Agree15 ment and this Act; and 

16 (3) to authorize all actions and appropriations 

17 necessary for the United States to meet its obligations 

18 under the Settlement Agreement and this Act. 

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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ELIGIBLE NON-PUEBLO ENTITIES.—The term 

4 ‘‘Eligible Non-Pueblo Entities’’ means the Town of 

5 Taos, El Prado Water and Sanitation District 

6 (‘‘EPWSD’’), and the New Mexico Department of Fi7 nance and Administration Local Government Divi8 sion on behalf of the Acequia Madre del Rio Lucero 

9 y del Arroyo Seco, the Acequia Madre del Prado, the 

10 Acequia del Monte, the Acequia Madre del Rio 

11 Chiquito, the Upper Ranchitos Mutual Domestic 

12 Water Consumers Association, the Upper Arroyo 

13 Hondo Mutual Domestic Water Consumers Associa14 tion, and the Llano Quemado Mutual Domestic Water 

15 Consumers Association. 

16 (2) ENFORCEMENT DATE.—The term ‘‘Enforce17 ment Date’’ means the date upon which the Secretary 

18 publishes the notice required by section 10(f)(1). 

19 (3) MUTUAL-BENEFIT PROJECTS.—The term 

20 ‘‘Mutual-Benefit Projects’’ means the projects de21 scribed and identified in articles 6 and 10.1 of the 

22 Settlement Agreement. 

23 (4) PARTIAL FINAL DECREE.—The term ‘‘Partial 

24 Final Decree’’ means the Decree entered in New Mex25 ico v. Abeyta and New Mexico v. Arellano, Civil Nos. 

26 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 

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1 D.N.M) (consolidated), for the resolution of the Pueb2 lo’s water right claims and which is substantially in 

3 the form agreed to by the Parties and attached to the 

4 Settlement Agreement as Attachment 5. 

5 (5) PARTIES.—The term ‘‘Parties’’ means the 

6 Parties to the Settlement Agreement, as identified in 

7 article 1 of the Settlement Agreement. 

8 (6) PUEBLO.—The term ‘‘Pueblo’’ means the 

9 Taos Pueblo, a sovereign Indian tribe duly recognized 

10 by the United States of America. 

11 (7) PUEBLO LANDS.—The term ‘‘Pueblo lands’’ 

12 means those lands located within the Taos Valley to 

13 which the Pueblo, or the United States in its capacity 

14 as trustee for the Pueblo, holds title subject to Federal 

15 law limitations on alienation. Such lands include 

16 Tracts A, B, and C, the Pueblo’s land grant, the Blue 

17 Lake Wilderness Area, and the Tenorio and Karavas 

18 Tracts and are generally depicted in Attachment 2 to 

19 the Settlement Agreement. 

20 (8) SAN JUAN-CHAMA PROJECT.—The term ‘‘San 

21 Juan-Chama Project’’ means the Project authorized 

22 by section 8 of the Act of June 13, 1962 (76 Stat. 96, 

23 97), and the Act of April 11, 1956 (70 Stat. 105). 

24 (9) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 

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1 (10) SETTLEMENT AGREEMENT.—The term ‘‘Set2 tlement Agreement’’ means the contract dated March 

3 31, 2006, between and among— 

4 (A) the United States, acting solely in its 

5 capacity as trustee for Taos Pueblo; 

6 (B) the Taos Pueblo, on its own behalf; 

7 (C) the State of New Mexico; 

8 (D) the Taos Valley Acequia Association 

9 and its 55 member ditches (‘‘TVAA’’); 

10 (E) the Town of Taos; 

11 (F) EPWSD; and 

12 (G) the 12 Taos area Mutual Domestic 

13 Water Consumers Associations (‘‘MDWCAs’’), as 

14 amended to conform with this Act. 

15 (11) STATE ENGINEER.—The term ‘‘State Engi16 neer’’ means the New Mexico State Engineer. 

17 (12) TAOS VALLEY.—The term ‘‘Taos Valley’’ 

18 means the geographic area depicted in Attachment 4 

19 of the Settlement Agreement. 

20 SEC. 4. PUEBLO RIGHTS. 

21 (a) IN GENERAL.—Those rights to which the Pueblo 

22 is entitled under the Partial Final Decree shall be held in 

23 trust by the United States on behalf of the Pueblo and shall 

24 not be subject to forfeiture, abandonment, or permanent 

25 alienation. 

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1 (b) SUBSEQUENT ACT OF CONGRESS.—The Pueblo 

2 shall not be denied all or any part of its rights held in 

3 trust absent its consent unless such rights are explicitly ab4 rogated by an Act of Congress hereafter enacted. 

5 SEC. 5. PUEBLO WATER INFRASTRUCTURE AND WATER6 SHED ENHANCEMENT. 

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

8 Commissioner of Reclamation, shall provide grants and 

9 technical assistance to the Pueblo on a nonreimbursable 

10 basis to— 

11 (1) plan, permit, design, engineer, construct, re12 construct, replace, or rehabilitate water production, 

13 treatment, and delivery infrastructure; 

14 (2) restore, preserve, and protect the environment 

15 associated with the Buffalo Pasture area; and 

16 (3) protect and enhance watershed conditions. 

17 (b) AVAILABILITY OF GRANTS.—Upon the Enforcement 

18 Date, all amounts appropriated pursuant to section 

19 10(c)(1) or made available from other authorized sources, 

20 shall be available in grants to the Pueblo after the require21 ments of subsection (c) have been met. 

22 (c) PLAN.—The Secretary shall provide financial as23 sistance pursuant to subsection (a) upon the Pueblo’s sub24 mittal of a plan that identifies the projects to be imple25 mented consistent with the purposes of this section and demstockstill on DSKH9S0YB1PROD with BILLS

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1 scribes how such projects are consistent with the Settlement 

2 Agreement. 

3 (d) EARLY FUNDS.—Notwithstanding subsection (b), 

4 $10,000,000 of the monies authorized to be appropriated 

5 pursuant to section 10(c)(1)— 

6 (1) shall be made available in grants to the 

7 Pueblo by the Secretary upon appropriation or avail8 ability of the funds from other authorized sources; and 

9 (2) shall be distributed by the Secretary to the 

10 Pueblo on receipt by the Secretary from the Pueblo of 

11 a written notice, a Tribal Council resolution that de12 scribes the purposes under subsection (a) for which 

13 the monies will be used, and a plan under subsection 

14 (c) for this portion of the funding. 

15 SEC. 6. TAOS PUEBLO WATER DEVELOPMENT FUND. 

16 (a) ESTABLISHMENT.—There is established in the 

17 Treasury of the United States a fund to be known as the 

18 ‘‘Taos Pueblo Water Development Fund’’ (hereinafter, 

19 ‘‘Fund’’) to be used to pay or reimburse costs incurred by 

20 the Pueblo for— 

21 (1) acquiring water rights; 

22 (2) planning, permitting, designing, engineering, 

23 constructing, reconstructing, replacing, rehabilitating, 

24 operating, or repairing water production, treatment 

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1 or delivery infrastructure, on-farm improvements, or 

2 wastewater infrastructure; 

3 (3) restoring, preserving and protecting the Buf4 falo Pasture, including planning, permitting, design5 ing, engineering, constructing, operating, managing 

6 and replacing the Buffalo Pasture Recharge Project; 

7 (4) administering the Pueblo’s water rights ac8 quisition program and water management and ad9 ministration system; and 

10 (5) for watershed protection and enhancement, 

11 support of agriculture, water-related Pueblo commu12 nity welfare and economic development, and costs re13 lated to the negotiation, authorization, and imple14 mentation of the Settlement Agreement. 

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

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

17 monies available from the Fund for distribution to the 

18 Pueblo consistent with the American Indian Trust Fund 

19 Management Reform Act of 1994 (25 U.S.C. 4001, et seq.) 

20 (hereinafter, ‘‘Trust Fund Reform Act’’), this Act, and the 

21 Settlement Agreement. 

22 (c) INVESTMENT OF THE FUND.—Upon the Enforce23 ment Date, the Secretary shall invest amounts in the Fund 

24 in accordance with— 

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1 (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 

2 25 U.S.C. 161); 

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

4 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 

5 (3) the American Indian Trust Fund Manage6 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

7 (d) AVAILABILITY OF AMOUNTS FROM THE FUND.— 

8 Upon the Enforcement Date, all monies deposited in the 

9 Fund pursuant to section 10(c)(2) or made available from 

10 other authorized sources shall be available to the Pueblo for 

11 expenditure or withdrawal after the requirements of sub12 section (e) have been met. 

13 (e) EXPENDITURES AND WITHDRAWAL.— 

14 (1) TRIBAL MANAGEMENT PLAN.— 

15 (A) IN GENERAL.—The Pueblo may with16 draw all or part of the Fund on approval by the 

17 Secretary of a tribal management plan as de18 scribed in the Trust Fund Reform Act. 

19 (B) REQUIREMENTS.—In addition to the 

20 requirements under the Trust Fund Reform Act, 

21 the tribal management plan shall require that 

22 the Pueblo spend any funds in accordance with 

23 the purposes described in subsection (a). 

24 (2) ENFORCEMENT.—The Secretary may take ju25 dicial or administrative action to enforce the requiremstockstill on DSKH9S0YB1PROD with BILLS

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1 ment that monies withdrawn from the Fund are used 

2 for the purposes specified in subsection (a). 

3 (3) LIABILITY.—If the Pueblo exercises the right 

4 to withdraw monies from the Fund, neither the Sec5 retary nor the Secretary of the Treasury shall retain 

6 any liability for the expenditure or investment of the 

7 monies withdrawn. 

8 (4) EXPENDITURE PLAN.— 

9 (A) IN GENERAL.—The Pueblo shall submit 

10 to the Secretary for approval an expenditure 

11 plan for any portions of the funds made avail12 able under this Act that the Pueblo does not 

13 withdraw under paragraph (1)(A). 

14 (B) DESCRIPTION.—The expenditure plan 

15 shall describe the manner in which, and the pur16 poses for which, amounts remaining in the Fund 

17 will be used. 

18 (C) APPROVAL.—On receipt of an expendi19 ture plan under subparagraph (A), the Secretary 

20 shall approve the plan if the Secretary deter21 mines that the plan is reasonable and consistent 

22 with this Act. 

23 (5) ANNUAL REPORT.—The Pueblo shall submit 

24 to the Secretary an annual report that describes all 

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1 expenditures from the Fund during the year covered 

2 by the report. 

3 (f) FUNDS AVAILABLE UPON APPROPRIATION.—Not4 withstanding subsection (d), $15,000,000 of the monies au5 thorized to be appropriated pursuant to section 10(c)(2)— 

6 (1) shall be available upon appropriation or 

7 made available from other authorized sources for the 

8 Pueblo’s acquisition of water rights pursuant to Arti9 cle 5.1.1.2.3 of the Settlement Agreement, the Buffalo 

10 Pasture Recharge Project, implementation of the 

11 Pueblo’s water rights acquisition program and water 

12 management and administration system, the design, 

13 planning, and permitting of water or wastewater in14 frastructure eligible for funding under sections 5 or 6, 

15 or costs related to the negotiation, authorization, and 

16 implementation of the Settlement Agreement; and 

17 (2) shall be distributed by the Secretary to the 

18 Pueblo on receipt by the Secretary from the Pueblo of 

19 a written notice and a Tribal Council resolution that 

20 describes the purposes under paragraph (1) for which 

21 the monies will be used. 

22 (g) NO PER CAPITA DISTRIBUTIONS.—No part of the 

23 Fund shall be distributed on a per capita basis to members 

24 of the Pueblo. 

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1 SEC. 7. MARKETING. 

2 (a) PUEBLO WATER RIGHTS.—Subject to the approval 

3 of the Secretary in accordance with subsection (e), the Pueb4 lo may market water rights secured to it under the Settle5 ment Agreement and Partial Final Decree, provided that 

6 such marketing is in accordance with this section. 

7 (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN-CHAMA

8 PROJECT WATER.—Subject to the approval of the Secretary 

9 in accordance with subsection (e), the Pueblo may sub10 contract water made available to the Pueblo under the con11 tract authorized under section 9(b)(1)(A) to third parties 

12 to supply water for use within or without the Taos Valley, 

13 provided that the delivery obligations under such sub14 contract are not inconsistent with the Secretary’s existing 

15 San Juan-Chama Project obligations and such subcontract 

16 is in accordance with this section. 

17 (c) LIMITATION.— 

18 (1) IN GENERAL.—Diversion or use of water off 

19 Pueblo lands pursuant to Pueblo water rights or 

20 Pueblo contract rights to San Juan-Chama Project 

21 water shall be subject to and not inconsistent with the 

22 same requirements and conditions of State law, any 

23 applicable Federal law, and any applicable interstate 

24 compact as apply to the exercise of water rights or 

25 contract rights to San Juan-Chama Project water 

26 held by non-Federal, non-Indian entities, including 

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1 all applicable State Engineer permitting and report2 ing requirements. 

3 (2) EFFECT ON WATER RIGHTS.—Such diversion 

4 or use off Pueblo lands under paragraph (1) shall not 

5 impair water rights or increase surface water deple6 tions within the Taos Valley. 

7 (d) MAXIMUM TERM.— 

8 (1) IN GENERAL.—The maximum term of any 

9 water use lease or subcontract, including all renewals, 

10 shall not exceed 99 years in duration. 

11 (2) ALIENATION OF RIGHTS.—The Pueblo shall 

12 not permanently alienate any rights it has under the 

13 Settlement Agreement, the Partial Final Decree, and 

14 this Act. 

15 (e) APPROVAL OF SECRETARY.—The Secretary shall 

16 approve or disapprove any lease or subcontract submitted 

17 by the Pueblo for approval not later than— 

18 (1) 180 days after submission; or 

19 (2) 60 days after compliance, if required, with 

20 section 102(2)(C) of the National Environmental Pol21 icy Act of 1969 (42 U.S.C. 4332(2)(C)), or any other 

22 requirement of Federal law, whichever is later, pro23 vided that no Secretarial approval shall be required 

24 for any water use lease with a term of less than 7 

25 years. 

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1 (f) NO FORFEITURE OR ABANDONMENT.—The nonuse 

2 by a lessee or subcontractor of the Pueblo of any right to 

3 which the Pueblo is entitled under the Partial Final Decree 

4 shall in no event result in a forfeiture, abandonment, relin5 quishment, or other loss of all or any part of those rights. 

6 (g) NO PREEMPTION.— 

7 (1) IN GENERAL.—The approval authority of the 

8 Secretary provided under subsection (e) shall not 

9 amend, construe, supersede, or preempt any State or 

10 Federal law, interstate compact, or international 

11 treaty that pertains to the Colorado River, the Rio 

12 Grande, or any of their tributaries, including the ap13 propriation, use, development, storage, regulation, al14 location, conservation, exportation, or quantity of 

15 those waters. 

16 (2) APPLICABLE LAW.—The provisions of section 

17 2116 of the Revised Statutes (25 U.S.C. 177) shall not 

18 apply to any water made available under the Settle19 ment Agreement. 

20 (h) NO PREJUDICE.—Nothing in this Act shall be con21 strued to establish, address, prejudice, or prevent any party 

22 from litigating whether or to what extent any applicable 

23 State law, Federal law, or interstate compact does or does 

24 not permit, govern, or apply to the use of the Pueblo’s water 

25 outside of New Mexico. 

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1 SEC. 8. MUTUAL-BENEFIT PROJECTS. 

2 (a) IN GENERAL.—Upon the Enforcement Date, the 

3 Secretary, acting through the Commissioner of Reclama4 tion, shall provide financial assistance in the form of grants 

5 on a nonreimbursable basis to Eligible Non-Pueblo Entities 

6 to plan, permit, design, engineer, and construct the Mutual7 Benefit Projects in accordance with the Settlement Agree8 ment— 

9 (1) to minimize adverse impacts on the Pueblo’s 

10 water resources by moving future non-Indian ground 

11 water pumping away from the Pueblo’s Buffalo Pas12 ture; and 

13 (2) to implement the resolution of a dispute over 

14 the allocation of certain surface water flows between 

15 the Pueblo and non-Indian irrigation water right 

16 owners in the community of Arroyo Seco Arriba. 

17 (b) COST-SHARING.— 

18 (1) FEDERAL SHARE.—The Federal share of the 

19 total cost of planning, designing, and constructing the 

20 Mutual-Benefit Projects authorized in subsection (a) 

21 shall be 75 percent and shall be nonreimbursable. 

22 (2) NON-FEDERAL SHARE.—The non-Federal 

23 share of the total cost of planning, designing, and 

24 constructing the Mutual-Benefit Projects shall be 25 

25 percent and may be in the form of in-kind contribu26 tions, including the contribution of any valuable asset 

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1 or service that the Secretary determines would sub2 stantially contribute to completing the Mutual-Benefit 

3 Projects. 

4 SEC. 9. SAN JUAN-CHAMA PROJECT CONTRACTS. 

5 (a) IN GENERAL.—Contracts issued under this section 

6 shall be in accordance with this Act and the Settlement 

7 Agreement. 

8 (b) CONTRACTS FOR SAN JUAN-CHAMA PROJECT

9 WATER.— 

10 (1) IN GENERAL.—The Secretary shall enter into 

11 3 repayment contracts by not later than 180 days 

12 after the date of enactment of this Act, for the delivery 

13 of San Juan-Chama Project water in the following 

14 amounts: 

15 (A) 2,215 acre-feet/annum to the Pueblo. 

16 (B) 366 acre-feet/annum to the Town of 

17 Taos. 

18 (C) 40 acre-feet/annum to EPWSD. 

19 (2) REQUIREMENTS.—Each such contract shall 

20 provide that if the conditions precedent set forth in 

21 section 10(f)(2) have not been fulfilled by December 

22 31, 2016, the contract shall expire on that date. 

23 (3) APPLICABLE LAW.—Public Law 87–483 (76 

24 Stat. 97) applies to the contracts entered into under 

25 paragraph (1) and no preference shall be applied as 

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1 a result of section 4(a) with regard to the delivery or 

2 distribution of San Juan-Chama Project water or the 

3 management or operation of the San Juan-Chama 

4 Project. 

5 (c) WAIVER.—With respect to the contract authorized 

6 and required by subsection (b)(1)(A) and notwithstanding 

7 the provisions of Public Law 87–483 (76 Stat. 96) or any 

8 other provision of law— 

9 (1) the Secretary shall waive the entirety of the 

10 Pueblo’s share of the construction costs, both principal 

11 and the interest, for the San Juan-Chama Project and 

12 pursuant to that waiver, the Pueblo’s share of all con13 struction costs for the San Juan-Chama Project, in14 clusive of both principal and interest shall be nonre15 imbursable; and 

16 (2) the Secretary’s waiver of the Pueblo’s share 

17 of the construction costs for the San Juan-Chama 

18 Project will not result in an increase in the pro rata 

19 shares of other San Juan-Chama Project water con20 tractors, but such costs shall be absorbed by the 

21 United States Treasury or otherwise appropriated to 

22 the Department of the Interior. 

23 SEC. 10. AUTHORIZATIONS, RATIFICATIONS, CONFIRMA24 TIONS, AND CONDITIONS PRECEDENT. 

25 (a) RATIFICATION.— 

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1 (1) IN GENERAL.—Except to the extent that any 

2 provision of the Settlement Agreement conflicts with 

3 any provision of this Act, the Settlement Agreement 

4 is authorized, ratified, and confirmed. 

5 (2) AMENDMENTS.—To the extent amendments 

6 are executed to make the Settlement Agreement con7 sistent with this Act, such amendments are also au8 thorized, ratified, and confirmed. 

9 (b) EXECUTION OF SETTLEMENT AGREEMENT.—To 

10 the extent that the Settlement Agreement does not conflict 

11 with this Act, the Secretary shall execute the Settlement 

12 Agreement, including all exhibits to the Settlement Agree13 ment requiring the signature of the Secretary and any 

14 amendments necessary to make the Settlement Agreement 

15 consistent with this Act, after the Pueblo has executed the 

16 Settlement Agreement and any such amendments. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) TAOS PUEBLO INFRASTRUCTURE AND WATER19 SHED FUND.—There is authorized to be appropriated 

20 to the Secretary to provide grants pursuant to section 

21 5, $30,000,000, as adjusted under paragraph (4), for 

22 the period of fiscal years 2010 through 2016. 

23 (2) TAOS PUEBLO WATER DEVELOPMENT

24 FUND.—There is authorized to be appropriated to the 

25 Taos Pueblo Water Development Fund, established at 

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1 section 6(a), $58,000,000, as adjusted under para2 graph (4), for the period of fiscal years 2010 through 

3 2016. 

4 (3) MUTUAL-BENEFIT PROJECTS FUNDING.— 

5 There is further authorized to be appropriated to the 

6 Secretary to provide grants pursuant to section 8, a 

7 total of $33,000,000, as adjusted under paragraph 

8 (4), for the period of fiscal years 2010 through 2016. 

9 (4) ADJUSTMENTS TO AMOUNTS AUTHORIZED.— 

10 The amounts authorized to be appropriated under 

11 paragraphs (1) through (3) shall be adjusted by such 

12 amounts as may be required by reason of changes 

13 since April 1, 2007, in construction costs, as indi14 cated by engineering cost indices applicable to the 

15 types of construction or rehabilitation involved. 

16 (5) DEPOSIT IN FUND.—Except for the funds to 

17 be provided to the Pueblo pursuant to section 5(d), 

18 the Secretary shall deposit the funds made available 

19 pursuant to paragraphs (1) and (3) into a Taos Set20 tlement Fund to be established within the Treasury of 

21 the United States so that such funds may be made 

22 available to the Pueblo and the Eligible Non-Pueblo 

23 Entities upon the Enforcement Date as set forth in 

24 sections 5(b) and 8(a). 

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1 (d) AUTHORITY OF THE SECRETARY.—The Secretary 

2 is authorized to enter into such agreements and to take such 

3 measures as the Secretary may deem necessary or appro4 priate to fulfill the intent of the Settlement Agreement and 

5 this Act. 

6 (e) ENVIRONMENTAL COMPLIANCE.— 

7 (1) EFFECT OF EXECUTION OF SETTLEMENT

8 AGREEMENT.—The Secretary’s execution of the Settle9 ment Agreement shall not constitute a major Federal 

10 action under the National Environmental Policy Act 

11 of 1969 (42 U.S.C. 4321 et seq.). 

12 (2) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

13 In carrying out this Act, the Secretary shall comply 

14 with each law of the Federal Government relating to 

15 the protection of the environment, including— 

16 (A) the National Environmental Policy Act 

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

18 (B) the Endangered Species Act of 1973 (16 

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

20 (f) CONDITIONS PRECEDENT AND SECRETARIAL FIND21 ING.— 

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

23 conditions precedent described in paragraph (2), the 

24 Secretary shall publish in the Federal Register a 

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1 statement of finding that the conditions have been ful2 filled. 

3 (2) CONDITIONS.—The conditions precedent re4 ferred to in paragraph (1) are the following: 

5 (A) The President has signed into law the 

6 Taos Pueblo Indian Water Rights Settlement 

7 Act. 

8 (B) To the extent that the Settlement Agree9 ment conflicts with this Act, the Settlement 

10 Agreement has been revised to conform with this 

11 Act. 

12 (C) The Settlement Agreement, so revised, 

13 including waivers and releases pursuant to sec14 tion 11, has been executed by the Parties and the 

15 Secretary prior to the Parties’ motion for entry 

16 of the Partial Final Decree. 

17 (D) Congress has fully appropriated or the 

18 Secretary has provided from other authorized 

19 sources all funds authorized by paragraphs (1) 

20 through (3) of subsection (c) so that the entire 

21 amounts so authorized have been previously pro22 vided to the Pueblo pursuant to sections 5 and 

23 6, or placed in the Taos Pueblo Water Develop24 ment Fund or the Taos Settlement Fund as di25 rected in subsection (c). 

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1 (E) The Legislature of the State of New 

2 Mexico has fully appropriated the funds for the 

3 State contributions as specified in the Settlement 

4 Agreement, and those funds have been deposited 

5 in appropriate accounts. 

6 (F) The State of New Mexico has enacted 

7 legislation that amends NMSA 1978, section 72– 

8 6–3 to state that a water use due under a water 

9 right secured to the Pueblo under the Settlement 

10 Agreement or the Partial Final Decree may be 

11 leased for a term, including all renewals, not to 

12 exceed 99 years, provided that this condition 

13 shall not be construed to require that said 

14 amendment state that any State law based water 

15 rights acquired by the Pueblo or by the United 

16 States on behalf of the Pueblo may be leased for 

17 said term. 

18 (G) A Partial Final Decree that sets forth 

19 the water rights and contract rights to water to 

20 which the Pueblo is entitled under the Settlement 

21 Agreement and this Act and that substantially 

22 conforms to the Settlement Agreement and At23 tachment 5 thereto has been approved by the 

24 Court and has become final and nonappealable. 

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1 (g) ENFORCEMENT DATE.—The Settlement Agreement 

2 shall become enforceable, and the waivers and releases exe3 cuted pursuant to section 11 and the limited waiver of sov4 ereign immunity set forth in section 12(a) shall become ef5 fective, as of the date that the Secretary publishes the notice 

6 required by subsection (f)(1). 

7 (h) EXPIRATION DATE.— 

8 (1) IN GENERAL.—If all of the conditions prece9 dent described in section (f)(2) have not been fulfilled 

10 by December 31, 2016, the Settlement Agreement shall 

11 be null and void, the waivers and releases executed 

12 pursuant to section 11 and the sovereign immunity 

13 waivers in section 12(a) shall not become effective, 

14 and any unexpended Federal funds, together with any 

15 income earned thereon, and title to any property ac16 quired or constructed with expended Federal funds, 

17 shall be returned to the Federal Government, unless 

18 otherwise agreed to by the Parties in writing and ap19 proved by Congress. 

20 (2) EXCEPTION.—Notwithstanding subsection 

21 (h)(1) or any other provision of law, any unexpended 

22 Federal funds, together with any income earned there23 on, made available under sections 5(d) and 6(f) and 

24 title to any property acquired or constructed with exmstockstill on DSKH9S0YB1PROD with BILLS

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1 pended Federal funds made available under sections 

2 5(d) and 6(f) shall be retained by the Pueblo. 

3 (3) RIGHT TO SET-OFF.—In the event the condi4 tions precedent set forth in subsection (f)(2) have not 

5 been fulfilled by December 31, 2016, the United States 

6 shall be entitled to set off any funds expended or with7 drawn from the amount appropriated pursuant to 

8 paragraphs (1) and (2) of subsection (c) or made 

9 available from other authorized sources, together with 

10 any interest accrued, against any claims asserted by 

11 the Pueblo against the United States relating to water 

12 rights in the Taos Valley. 

13 SEC. 11. WAIVERS AND RELEASES. 

14 (a) CLAIMS BY THE PUEBLO AND THE UNITED

15 STATES.—In return for recognition of the Pueblo’s water 

16 rights and other benefits, including but not limited to the 

17 commitments by non-Pueblo parties, as set forth in the Set18 tlement Agreement and this Act, the Pueblo, on behalf of 

19 itself and its members, and the United States acting in its 

20 capacity as trustee for the Pueblo are authorized to execute 

21 a waiver and release of claims against the parties to New 

22 Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 

23 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) 

24 (consolidated) from— 

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1 (1) all claims for water rights in the Taos Valley 

2 that the Pueblo, or the United States acting in its ca3 pacity as trustee for the Pueblo, asserted, or could 

4 have asserted, in any proceeding, including but not 

5 limited to in New Mexico v. Abeyta and New Mexico 

6 v. Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) and 

7 7939–BB (U.S. D.N.M.) (consolidated), up to and in8 cluding the Enforcement Date, except to the extent 

9 that such rights are recognized in the Settlement 

10 Agreement or this Act; 

11 (2) all claims for water rights, whether for con12 sumptive or nonconsumptive use, in the Rio Grande 

13 mainstream or its tributaries that the Pueblo, or the 

14 United States acting in its capacity as trustee for the 

15 Pueblo, asserted or could assert in any water rights 

16 adjudication proceedings except those claims based on 

17 Pueblo or United States ownership of lands or water 

18 rights acquired after the Enforcement Date, provided 

19 that nothing in this paragraph shall prevent the 

20 Pueblo or the United States from fully participating 

21 in the inter se phase of any such water rights adju22 dication proceedings; 

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

24 water rights or claims of interference with, diversion 

25 or taking of water (including but not limited to 

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1 claims for injury to lands resulting from such dam2 ages, losses, injuries, interference with, diversion, or 

3 taking) in the Rio Grande mainstream or its tribu4 taries or for lands within the Taos Valley that ac5 crued at any time up to and including the Enforce6 ment Date; and 

7 (4) all claims against the State of New Mexico, 

8 its agencies, or employees relating to the negotiation 

9 or the adoption of the Settlement Agreement. 

10 (b) CLAIMS BY THE PUEBLO AGAINST THE UNITED

11 STATES.—The Pueblo, on behalf of itself and its members, 

12 is authorized to execute a waiver and release of— 

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

14 agencies, or employees relating to claims for water 

15 rights in or water of the Taos Valley that the United 

16 States acting in its capacity as trustee for the Pueblo 

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

18 including but not limited to in New Mexico v. Abeyta 

19 and New Mexico v. Arellano, Civil Nos. 7896–BB 

20 (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli21 dated); 

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

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

24 injuries to water, water rights, land, or natural re25 sources due to loss of water or water rights (including 

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1 but not limited to damages, losses or injuries to hunt2 ing, fishing, gathering, or cultural rights due to loss 

3 of water or water rights, claims relating to inter4 ference with, diversion or taking of water or water 

5 rights, or claims relating to failure to protect, ac6 quire, replace, or develop water, water rights or water 

7 infrastructure) in the Rio Grande mainstream or its 

8 tributaries or within the Taos Valley that first ac9 crued at any time up to and including the Enforce10 ment Date; 

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

12 agencies, or employees for an accounting of funds ap13 propriated by the Act of March 4, 1929 (45 Stat. 

14 1562), the Act of March 4, 1931 (46 Stat. 1552), the 

15 Act of June 22, 1936 (49 Stat. 1757), the Act of Au16 gust 9, 1937 (50 Stat. 564), and the Act of May 9, 

17 1938 (52 Stat. 291), as authorized by the Pueblo 

18 Lands Act of June 7, 1924 (43 Stat. 636), and the 

19 Pueblo Lands Act of May 31, 1933 (48 Stat. 108), 

20 and for breach of trust relating to funds for water re21 placement appropriated by said Acts that first ac22 crued before the date of enactment of this Act; 

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

24 agencies, or employees relating to the pending litiga25 tion of claims relating to the Pueblo’s water rights in 

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1 New Mexico v. Abeyta and New Mexico v. Arellano, 

2 Civil Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB 

3 (U.S. D.N.M.) (consolidated); and 

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

5 agencies, or employees relating to the negotiation, 

6 Execution or the adoption of the Settlement Agree7 ment, exhibits thereto, the Final Decree, or this Act. 

8 (c) RESERVATION OF RIGHTS AND RETENTION OF

9 CLAIMS.—Notwithstanding the waivers and releases author10 ized in this Act, the Pueblo on behalf of itself and its mem11 bers and the United States acting in its capacity as trustee 

12 for the Pueblo retain— 

13 (1) all claims for enforcement of the Settlement 

14 Agreement, the Final Decree, including the Partial 

15 Final Decree, the San Juan-Chama Project contract 

16 between the Pueblo and the United States, or this Act; 

17 (2) all claims against persons other than the 

18 Parties to the Settlement Agreement for damages, 

19 losses or injuries to water rights or claims of inter20 ference with, diversion or taking of water rights (in21 cluding but not limited to claims for injury to lands 

22 resulting from such damages, losses, injuries, inter23 ference with, diversion, or taking of water rights) 

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1 ring outside the Taos Valley or the Taos Valley 

2 Stream System; 

3 (3) all rights to use and protect water rights ac4 quired after the date of enactment of this Act; 

5 (4) all rights to use and protect water rights ac6 quired pursuant to State law, to the extent not incon7 sistent with the Partial Final Decree and the Settle8 ment Agreement (including water rights for the land 

9 the Pueblo owns in Questa, New Mexico); 

10 (5) all claims relating to activities affecting the 

11 quality of water including but not limited to any 

12 claims the Pueblo might have under the Comprehen13 sive Environmental Response, Compensation, and Li14 ability Act of 1980 (42 U.S.C. 9601 et seq.) (includ15 ing but not limited to claims for damages to natural 

16 resources), the Safe Drinking Water Act (42 U.S.C. 

17 300f et seq.), the Federal Water Pollution Control Act 

18 (33 U.S.C. 1251 et seq.), and the regulations imple19 menting those Acts; 

20 (6) all claims relating to damages, losses, or in21 juries to land or natural resources not due to loss of 

22 water or water rights (including but not limited to 

23 hunting, fishing, gathering, or cultural rights); and 

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

25 powers, and claims not specifically waived and remstockstill on DSKH9S0YB1PROD with BILLS

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1 leased pursuant to this Act and the Settlement Agree2 ment. 

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

4 Agreement or this Act— 

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

6 in its sovereign capacity to take actions authorized by 

7 law, including but not limited to any laws relating 

8 to health, safety, or the environment, including but 

9 not limited to the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water 

11 Act (42 U.S.C. 300f et seq.), the Comprehensive Envi12 ronmental Response, Compensation, and Liability 

13 Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste 

14 Disposal Act (42 U.S.C. 6901 et seq.), and the regula15 tions implementing such Acts; 

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

17 actions acting in its capacity as trustee for any other 

18 Indian tribe or allottee; 

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

20 (A) interpret Federal law regarding health, 

21 safety, or the environment or determine the du22 ties of the United States or other parties pursu23 ant to such Federal law; or 

24 (B) conduct judicial review of Federal agen25 cy action; or 

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1 (4) waives any claim of a member of the Pueblo 

2 in an individual capacity that does not derive from 

3 a right of the Pueblo. 

4 (e) 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 this 

9 Act and ending on the earlier of— 

10 (A) December 31, 2016; or 

11 (B) the Enforcement Date. 

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

13 subsection revives any claim or tolls any period of 

14 limitation or time-based equitable defense that ex15 pired before the date of enactment of this Act. 

16 (3) LIMITATION.—Nothing in this subsection pre17 cludes the tolling of any period of limitations or any 

18 time-based equitable defense under any other applica19 ble law. 

20 SEC. 12. INTERPRETATION AND ENFORCEMENT. 

21 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

22 Upon and after the Enforcement Date, if any Party to the 

23 Settlement Agreement brings an action in any court of com24 petent jurisdiction over the subject matter relating only and 

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1 ment Agreement or this Act, and names the United States 

2 or the Pueblo as a party, then the United States, the Pueblo, 

3 or both may be added as a party to any such action, and 

4 any claim by the United States or the Pueblo to sovereign 

5 immunity from the action is waived, but only for the lim6 ited and sole purpose of such interpretation or enforcement, 

7 and no waiver of sovereign immunity is made for any ac8 tion against the United States or the Pueblo that seeks 

9 money damages. 

10 (b) SUBJECT MATTER JURISDICTION NOT AF11 FECTED.—Nothing in this Act shall be deemed as confer12 ring, restricting, enlarging, or determining the subject mat13 ter jurisdiction of any court, including the jurisdiction of 

14 the court that enters the Partial Final Decree adjudicating 

15 the Pueblo’s water rights. 

16 (c) REGULATORY AUTHORITY NOT AFFECTED.—Noth17 ing in this Act shall be deemed to determine or limit any 

18 authority of the State or the Pueblo to regulate or admin19 ister waters or water rights now or in the future. 

20 SEC. 13. DISCLAIMER. 

21 Nothing in the Settlement Agreement or this Act shall 

22 be construed in any way to quantify or otherwise adversely 

23 affect the land and water rights, claims, or entitlements to 

24 water of any other Indian tribe. 

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Union Calendar No. 232 

111TH CONGRESS 

2D SESSION H. R. 3254 

[Report No. 111–395] 

A BILL 

To approve the Taos Pueblo Indian Water Rights 

Settlement Agreement, and for other purposes. 

JANUARY 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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