I 
117TH CONGRESS 
2D SESSION 
H. R. 8920 
To approve the settlement of water rights claims of the Pueblos of Acoma 
and Laguna in the Rio San Jose´ Stream System in the State of New 
Mexico, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2022 
Ms. LEGER FERNANDEZ (for herself and Ms. STANSBURY) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To approve the settlement of water rights claims of the 
Pueblos of Acoma and Laguna in the Rio San Jose´ 
Stream System in the State of New Mexico, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pueblos of Acoma and Laguna Water Rights Settlement 
Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
Sec. 4. Ratification of Agreement. 
Sec. 5. Pueblo Water Rights. 
Sec. 6. Settlement trust funds. 
Sec. 7. Funding. 
Sec. 8. Enforceability Date. 
Sec. 9. Waivers and releases of claims. 
Sec. 10. Claims. 
Sec. 11. Consent of United States to jurisdiction for appeals from a Pueblo 
Water Right permit decision. 
Sec. 12. Miscellaneous provisions. 
Sec. 13. Antideficiency. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of all issues and controversies concerning 
claims to water rights in the general stream adju-
dication of the Rio San Jose´ Stream System cap-
tioned ‘‘State of New Mexico, ex rel. State Engineer 
v. Kerr-McGee, et al.’’, No. D–1333–CV–1983– 
00190 and No. D–1333–CV–1983–00220 (consoli-
dated), pending in the Thirteenth Judicial District 
Court for the State of New Mexico, for— 
(A) the Pueblo of Acoma; 
(B) the Pueblo of Laguna; and 
(C) the United States, acting as trustee for 
the Pueblos of Acoma and Laguna; 
(2) to authorize, ratify, and confirm the agree-
ment entered into by the Pueblos, the State, and 
various other parties to the Agreement, to the extent 
that the Agreement is consistent with this Act; 
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(3) to authorize and direct the Secretary— 
(A) to execute the Agreement; and 
(B) to take any other actions necessary to 
carry out the Agreement in accordance with 
this Act; and 
(4) to authorize funds necessary for the imple-
mentation of the Agreement and this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACEQUIA.—The term ‘‘Acequia’’ means 
each of the Bluewater Toltec Irrigation District, La 
Acequia Madre del Ojo del Gallo, Moquino Water 
Users Association II, Murray Acres Irrigation Asso-
ciation, San Mateo Irrigation Association, Seboyeta 
Community Irrigation Association, Cubero Acequia 
Association, Cebolletita Acequia Association, and 
Community Ditch of San Jose´ de la Cienega. 
(2) ADJUDICATION.—The term ‘‘Adjudication’’ 
means the general adjudication of water rights enti-
tled ‘‘State of New Mexico, ex rel. State Engineer v. 
Kerr-McGee, et al.’’, No. D–1333–CV–1983–00190 
and No. D–1333–CV–1983–00220 (consolidated) 
pending, as of the date of enactment of this Act, in 
the Decree Court. 
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(3) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means— 
(A) the document entitled ‘‘Rio San Jose´ 
Stream System Water Rights Local Settlement 
Agreement Among the Pueblo of Acoma, the 
Pueblo of Laguna, the Navajo Nation, the State 
of New Mexico, the City of Grants, the Village 
of Milan, the Association of Community Ditches 
of the Rio San Jose´ and Nine Individual 
Acequias and Community Ditches’’ and dated 
May 13, 2022, and the attachments thereto; 
and 
(B) any amendment to the document re-
ferred to in subparagraph (A) (including an 
amendment to an attachment thereto) that is 
executed to ensure that the Agreement is con-
sistent with this Act. 
(4) 
DECREE
COURT.—The 
term 
‘‘Decree 
Court’’ means the Thirteenth Judicial District Court 
of the State of New Mexico. 
(5) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 8. 
(6) PARTIAL FINAL JUDGMENT AND DECREE.— 
The term ‘‘Partial Final Judgment and Decree’’ 
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means a final or interlocutory partial final judgment 
and decree entered by the Decree Court with respect 
to the water rights of the Pueblos— 
(A) that is substantially in the form de-
scribed in article 14.7.2 of the Agreement, as 
amended to ensure consistency with this Act; 
and 
(B) from which no further appeal may be 
taken. 
(7) PUEBLO.—The term ‘‘Pueblo’’ means either 
of— 
(A) the Pueblo of Acoma; or 
(B) the Pueblo of Laguna. 
(8) PUEBLO LAND.— 
(A) IN
GENERAL.—The term ‘‘Pueblo 
Land’’ means any real property— 
(i) in the Rio San Jose´ Stream Sys-
tem that is held by the United States in 
trust for either Pueblo, or owned by either 
Pueblo, as of the Enforceability Date; 
(ii) in the Rio Salado Basin that is 
held by the United States in trust for the 
Pueblo of Acoma, or owned by the Pueblo 
of Acoma, as of the Enforceability Date; or 
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(iii) in the Rio Puerco Basin that is 
held by the United States in trust for the 
Pueblo of Laguna, or owned by the Pueblo 
of Laguna, as of the Enforceability Date. 
(B) 
INCLUSIONS.—The 
term 
‘‘Pueblo 
Land’’ includes land placed in trust with the 
United States subsequent to the Enforceability 
Date for either Pueblo in the Rio San Jose´ 
Stream System, for the Pueblo of Acoma in the 
Rio Salado Basin, or for the Pueblo of Laguna 
in the Rio Puerco Basin. 
(9) PUEBLO TRUST FUND.—The term ‘‘Pueblo 
Trust Fund’’ means— 
(A) the Pueblo of Acoma Settlement Trust 
Fund established by section 6(a); 
(B) the Pueblo of Laguna Settlement 
Trust Fund established by that section; and 
(C) the Acomita Reservoir Works Trust 
Fund established by that section. 
(10) PUEBLO
WATER
RIGHTS.—The term 
‘‘Pueblo Water Rights’’ means— 
(A) the respective water rights of the 
Pueblos in the Rio San Jose´ Stream System— 
(i) as identified in the Agreement and 
section 5 of this Act; and 
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(ii) as confirmed in the Partial Final 
Judgment and Decree; 
(B) the water rights of the Pueblo of 
Acoma in the Rio Salado Basin; and 
(C) the water rights of the Pueblo of La-
guna in the Rio Puerco Basin, as identified in 
the Agreement and section 5 of this Act. 
(11) PUEBLOS.—The term ‘‘Pueblos’’ means— 
(A) the Pueblo of Acoma; and 
(B) the Pueblo of Laguna. 
(12) RIO
PUERCO
BASIN.—The term ‘‘Rio 
Puerco Basin’’ means the area defined by the 
United States Geological Survey Hydrologic Unit 
Codes (HUC) 13020204 (Rio Puerco subbasin) and 
13020205 (Arroyo Chico subbasin), including the 
hydrologically connected groundwater. 
(13) RIO
SAN
JOSE´
STREAM
SYSTEM.—The 
term ‘‘Rio San Jose´ Stream System’’ means the geo-
graphic extent of the area involved in the Adjudica-
tion pursuant to the description filed in the Decree 
Court on November 21, 1986. 
(14) RIO SALADO BASIN.—The term ‘‘Rio Sa-
lado Basin’’ means the area defined by the United 
States Geological Survey Hydrologic Unit Code 
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(HUC) 13020209 (Rio Salado subbasin), including 
the hydrologically connected groundwater. 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(16) SIGNATORY ACEQUIA.—The term ‘‘Signa-
tory Acequia’’ means an acequia that is a signatory 
to the Agreement. 
(17) STATE.—The term ‘‘State’’ means the 
State of New Mexico and all officers, agents, depart-
ments, and political subdivisions of the State of New 
Mexico. 
SEC. 4. RATIFICATION OF AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act and to the extent the Agreement does not con-
flict with this Act, the Agreement is authorized, rati-
fied, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Agreement or any attachment to the Agreement re-
quiring the signature of the Secretary is executed in 
accordance with this Act to make the Agreement 
consistent with this Act, the amendment is author-
ized, ratified, and confirmed. 
(b) EXECUTION.— 
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(1) IN GENERAL.—To the extent the Agreement 
does not conflict with this Act, the Secretary shall 
execute the Agreement, including all attachments to 
or parts of the Agreement requiring the signature of 
the Secretary. 
(2) MODIFICATIONS.—Nothing in this Act pro-
hibits the Secretary, after execution of the Agree-
ment, from approving any modification to the Agree-
ment, including an attachment to the Agreement, 
that is consistent with this Act, to the extent that 
the modification does not otherwise require congres-
sional approval under section 2116 of the Revised 
Statutes (25 U.S.C. 177) or any other applicable 
provision of Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Agree-
ment and this Act, the Secretary shall comply 
with— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) all other applicable Federal environ-
mental laws and regulations. 
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(2) COMPLIANCE.— 
(A) IN
GENERAL.—In implementing the 
Agreement and this Act, the Pueblos shall pre-
pare any necessary environmental documents 
consistent with— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(ii) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), in-
cluding the implementing regulations of 
that Act; and 
(iii) all other applicable Federal envi-
ronmental laws and regulations. 
(B) 
AUTHORIZATIONS.—The 
Secretary 
shall— 
(i) independently evaluate the docu-
mentation required under subparagraph 
(A); and 
(ii) be responsible for the accuracy, 
scope, and contents of that documentation. 
(3) EFFECT OF EXECUTION.—The execution of 
the Agreement by the Secretary under this section 
shall not constitute a major Federal action under 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
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(4) COSTS.—Any costs associated with the per-
formance of the compliance activities under sub-
section (c) shall be paid from funds deposited in the 
Pueblo Trust Funds, subject to the condition that 
any costs associated with the performance of Federal 
approval or other review of such compliance work or 
costs associated with inherently Federal functions 
shall remain the responsibility of the Secretary. 
SEC. 5. PUEBLO WATER RIGHTS. 
(a) TRUST
STATUS
OF
THE
PUEBLO
WATER 
RIGHTS.—The Pueblo Water Rights shall be held in trust 
by the United States on behalf of the Pueblos in accord-
ance with the Agreement and this Act. 
(b) FORFEITURE AND ABANDONMENT.— 
(1) IN GENERAL.—The Pueblo Water Rights 
shall not be subject to loss through non-use, for-
feiture, abandonment, or other operation of law. 
(2) STATE-LAW BASED WATER RIGHTS.—Pur-
suant to the Agreement, State-law based water 
rights acquired by a Pueblo, or by the United States 
on behalf of a Pueblo, after the date for inclusion in 
the Partial Final Judgment and Decree, shall not be 
subject to forfeiture, abandonment, or permanent 
alienation from the time they are acquired. 
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(c) USE.—Any use of the Pueblo Water Rights shall 
be subject to the terms and conditions of the Agreement 
and this Act. 
(d) AUTHORITY OF THE PUEBLOS.— 
(1) IN GENERAL.—The Pueblos shall have the 
authority to allocate, distribute, and lease the Pueblo 
Water Rights for use on Pueblo Land in accordance 
with the Agreement, this Act, and applicable Federal 
law. 
(2) USE OFF PUEBLO LAND.—The Pueblos may 
allocate, distribute, and lease the Pueblo Water 
Rights for use off Pueblo Land in accordance with 
the Agreement, this Act, and applicable Federal law, 
subject to the approval of the Secretary. 
(e) ADMINISTRATION.— 
(1) NO
ALIENATION.—The Pueblos shall not 
permanently alienate any portion of the Pueblo 
Water Rights. 
(2) PURCHASES OR GRANTS OF LAND FROM IN-
DIANS.—An authorization provided by this Act for 
the allocation, distribution, leasing, or other ar-
rangement entered into pursuant to this Act shall be 
considered to satisfy any requirement for authoriza-
tion of the action required by Federal law. 
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(3) PROHIBITION ON FORFEITURE.—The non- 
use of all or any portion of the Pueblo Water Rights 
by any water user shall not result in the forfeiture, 
abandonment, relinquishment, or other loss of all or 
any portion of the Pueblo Water Rights. 
SEC. 6. SETTLEMENT TRUST FUNDS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
2 trust funds, to be known as the ‘‘Pueblo of Acoma Set-
tlement Trust Fund’’ and the ‘‘Pueblo of Laguna Settle-
ment Trust Fund’’, and a trust fund for the benefit of 
both Pueblos to be known as the ‘‘Acomita Reservoir 
Works Trust Fund’’, to be managed, invested, and distrib-
uted by the Secretary and to remain available until ex-
pended, withdrawn, or reverted to the general fund of the 
Treasury, consisting of the amounts deposited in the 
Pueblo Trust Funds under subsection (c), together with 
any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act. 
(b) ACCOUNTS.— 
(1) PUEBLO
OF
ACOMA
SETTLEMENT
TRUST 
FUND.—The Secretary shall establish in the Pueblo 
of Acoma Settlement Trust Fund the following ac-
counts: 
(A) The Water Rights Settlement Account. 
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(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to each Pueblo Trust Fund under 
subsection (c), any investment earnings, including 
interest, earned on those amounts held in each 
Pueblo Trust Fund are authorized to be used in ac-
cordance with subsections (f) and (h). 
(e) AVAILABILITY OF AMOUNTS.— 
(1) IN
GENERAL.—Amounts appropriated to, 
and deposited in, each Pueblo Trust Fund, including 
any investment earnings (including interest) earned 
on those amounts, shall be made available to the 
Pueblo or Pueblos by the Secretary beginning on the 
Enforceability Date, subject to the requirements of 
this section, except for those funds to be made avail-
able to the Pueblos pursuant to paragraph (2). 
(2) USE
OF
FUNDS.—Notwithstanding para-
graph (1)— 
(A) amounts deposited in the Feasibility 
Studies Settlement Account of each Pueblo 
Trust Fund, including any investment earnings, 
including interest, earned on those amounts 
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shall be available to the Pueblo on the date on 
which the amounts are deposited for uses de-
scribed in subsection (h)(3), and in accordance 
with the Agreement; 
(B) amounts deposited in the Acomita Res-
ervoir Works Trust Fund, including any invest-
ment earnings, including interest, earned on 
those amounts shall be available to the Pueblos 
on the date on which the amounts are deposited 
for uses described in subsection (h)(4), and in 
accordance with the Agreement; and 
(C) up to $15,000,000 from the Water 
Rights Settlement Account for each Pueblo 
shall be available for installing, on Pueblo 
Lands, groundwater wells to meet immediate 
domestic, commercial, municipal and industrial 
water needs, and associated environmental, cul-
tural, and historical compliance. 
(f) WITHDRAWALS.— 
(1) WITHDRAWALS UNDER THE AMERICAN IN-
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 
1994.— 
(A) IN GENERAL.—Each Pueblo may with-
draw any portion of the amounts in its respec-
tive Settlement Trust Fund on approval by the 
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Secretary of a Tribal management plan sub-
mitted by each Pueblo in accordance with the 
American Indian Trust Fund Management Re-
form Act of 1994 (25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this paragraph shall require that the 
appropriate Pueblo shall spend all amounts 
withdrawn from each Pueblo Trust Fund, and 
any investment earnings (including interest) 
earned on those amounts, through the invest-
ments under the Tribal management plan, in 
accordance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce the Tribal management plan 
under this paragraph to ensure that amounts 
withdrawn by each Pueblo from the Pueblo 
Trust Funds under subparagraph (A) are used 
in accordance with this Act. 
(2) 
WITHDRAWALS
UNDER
EXPENDITURE 
PLAN.— 
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(A) IN GENERAL.—Each Pueblo may sub-
mit to the Secretary a request to withdraw 
funds from the Pueblo Trust Fund of the Pueb-
lo pursuant to an approved expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw amounts under an expenditure plan 
under subparagraph (A), the appropriate Pueb-
lo shall submit to the Secretary an expenditure 
plan for any portion of the Pueblo Trust Fund 
that the Pueblo elects to withdraw pursuant to 
that subparagraph, subject to the condition that 
the amounts shall be used for the purposes de-
scribed in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this paragraph shall include a description 
of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Pueblo Trust Fund will be used by the Pueblo, 
in accordance with this subsection and sub-
section (h). 
(D) APPROVAL.—The Secretary shall ap-
prove an expenditure plan submitted under sub-
paragraph (A) if the Secretary determines that 
the plan— 
(i) is reasonable; and 
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(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan to ensure 
that amounts disbursed under this paragraph 
are used in accordance with this Act. 
(3) WITHDRAWALS FROM ACOMITA RESERVOIR 
WORKS TRUST FUND.— 
(A) IN GENERAL.—A Pueblo may submit 
to the Secretary a request to withdraw funds 
from the Acomita Reservoir Works Trust Fund 
pursuant to an approved joint expenditure plan. 
(B) REQUIREMENTS.— 
(i) IN
GENERAL.—To be eligible to 
withdraw amounts under a joint expendi-
ture plan under subparagraph (A), the 
Pueblos shall submit to the Secretary a 
joint expenditure plan for any portion of 
the Acomita Reservoir Works Trust Fund 
that the Pueblos elect to withdraw pursu-
ant to this subparagraph, subject to the 
condition that the amounts shall be used 
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for the purposes described in subsection 
(h)(4). 
(ii) WRITTEN RESOLUTION.—Each re-
quest to withdraw amounts under a joint 
expenditure plan submitted under clause 
(i) shall be accompanied by a written reso-
lution from the Tribal councils of both 
Pueblos approving the requested use and 
disbursement of funds. 
(C) INCLUSIONS.—A joint expenditure 
plan under this paragraph shall include a de-
scription of the manner and purpose for which 
the amounts proposed to be withdrawn from the 
Acomita Reservoir Works Trust Fund will be 
used by the Pueblo or Pueblos to whom the 
funds will be disbursed, in accordance with sub-
section (h)(4). 
(D) APPROVAL.—The Secretary shall ap-
prove a joint expenditure plan submitted under 
subparagraph (A) if the Secretary determines 
that the plan— 
(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
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(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce a joint expenditure plan to en-
sure that amounts disbursed under this para-
graph are used in accordance with this Act. 
(g) EFFECT OF SECTION.—Nothing in this section 
gives the Pueblos the right to judicial review of a deter-
mination of the Secretary relating to whether to approve 
a Tribal management plan under paragraph (1) of sub-
section (f) or an expenditure plan under paragraph (2) 
or (3) of that subsection, except under subchapter II of 
chapter 5, of title 5, United States Code, and chapter 7 
of title 5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’). 
(h) USES.— 
(1) WATER RIGHTS SETTLEMENT ACCOUNT.— 
The Water Rights Settlement Account for each 
Pueblo may only be used for the following purposes: 
(A) Acquiring water rights or water sup-
ply. 
(B) Planning, permitting, designing, engi-
neering, constructing, reconstructing, replacing, 
rehabilitating, operating, or repairing water 
production, treatment, or delivery infrastruc-
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ture, including for domestic and municipal use, 
on-farm improvements, or wastewater infra-
structure. 
(C) Pueblo Water Rights management and 
administration. 
(D) Watershed protection and enhance-
ment, support of agriculture, water-related 
Pueblo community welfare and economic devel-
opment, and costs relating to implementation of 
the Agreement. 
(E) Environmental compliance in the de-
velopment and construction of infrastructure 
under this Act. 
(2) WATER INFRASTRUCTURE OPERATIONS AND 
MAINTENANCE TRUST ACCOUNT.—The Water Infra-
structure Operations and Maintenance Account for 
each Pueblo may only be used to pay costs for oper-
ation and maintenance of water infrastructure to 
serve Pueblo domestic, commercial, municipal, and 
industrial water uses from any water source. 
(3) FEASIBILITY
STUDIES
SETTLEMENT
AC-
COUNT.—The Feasibility Studies Settlement Ac-
count for each Pueblo may only be used to pay costs 
for feasibility studies of water supply infrastructure 
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to serve Pueblo domestic, commercial, municipal, 
and industrial water uses from any water source. 
(4) 
ACOMITA
RESERVOIR
WORKS
TRUST 
FUND.—The Acomita Reservoir Works Trust Fund 
may only be used for planning, permitting, design-
ing, engineering, constructing, reconstructing, re-
placing, rehabilitating, maintaining, or repairing 
Acomita reservoir, its dam, inlet works, outlet works, 
and the North Acomita Ditch from the Acomita Res-
ervoir outlet on the Pueblo of Acoma through its ter-
minus on the Pueblo of Laguna. 
(i) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Pueblo 
Trust Funds by a Pueblo under paragraph (1), (2), or 
(3) of subsection (f). 
(j) EXPENDITURE REPORTS.—Each Pueblo shall an-
nually submit to the Secretary an expenditure report de-
scribing accomplishments and amounts spent from use of 
withdrawals under a Tribal management plan or an ex-
penditure plan under paragraph (1), (2), or (3) of sub-
section (f), as applicable. 
(k) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Pueblo Trust Funds shall be distributed on a per cap-
ita basis to any member of a Pueblo. 
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(l) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Pueblo Trust Funds shall remain in the appro-
priate Pueblo or Pueblos. 
(m) OPERATION, MAINTENANCE, AND REPLACE-
MENT.—All operation, maintenance, and replacement 
costs of any project constructed using funds from the 
Pueblo Trust Funds shall be the responsibility of the ap-
propriate Pueblo or Pueblos. 
SEC. 7. FUNDING. 
(a) MANDATORY
APPROPRIATIONS.—Out of any 
money in the Treasury not otherwise appropriated, the 
Secretary of the Treasury shall transfer to the Secretary 
the following amounts for the following accounts: 
(1) PUEBLO
OF
ACOMA
SETTLEMENT
TRUST 
FUND.— 
(A) THE WATER RIGHTS SETTLEMENT AC-
COUNT.—$296,000,000, to remain available 
until expended, withdrawn, or reverted to the 
general fund of the Treasury. 
(B) THE WATER INFRASTRUCTURE OPER-
ATIONS
AND
MAINTENANCE
ACCOUNT.— 
$14,000,000, to remain available until ex-
pended, withdrawn, or reverted to the general 
fund of the Treasury. 
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(C) THE
FEASIBILITY
STUDIES
SETTLE-
MENT ACCOUNT.—$1,750,000, to remain avail-
able until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
(2) PUEBLO OF LAGUNA SETTLEMENT TRUST 
FUND.— 
(A) THE WATER RIGHTS SETTLEMENT AC-
COUNT.—$464,000,000, to remain available 
until expended, withdrawn, or reverted to the 
general fund of the Treasury. 
(B) THE WATER INFRASTRUCTURE OPER-
ATIONS
AND
MAINTENANCE
ACCOUNT.— 
$26,000,000, to remain available until ex-
pended, withdrawn, or reverted to the general 
fund of the Treasury. 
(C) THE
FEASIBILITY
STUDIES
SETTLE-
MENT ACCOUNT.—$3,250,000, to remain avail-
able until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
(3) 
ACOMITA
RESERVOIR
WORKS
TRUST 
FUND.—$45,000,000, to remain available until ex-
pended, withdrawn, or reverted to the general fund 
of the Treasury. 
(b) FLUCTUATIONS IN COSTS.— 
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(1) IN GENERAL.—The amounts appropriated 
under subsection (a) shall be increased or decreased, 
as appropriate, by such amounts as may be justified 
by reason of ordinary fluctuations in costs, as indi-
cated by the Bureau of Reclamation Construction 
Cost Index–Composite Trend. 
(2) CONSTRUCTION COSTS ADJUSTMENT.—The 
amounts appropriated under subsection (a) shall be 
adjusted to address construction cost changes nec-
essary to account for unforeseen market volatility 
that may not otherwise be captured by engineering 
cost indices, as determined by the Secretary, includ-
ing repricing applicable to the types of construction 
and current industry standards involved. 
(3) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the applicable 
amount, as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.—The period of in-
dexing and adjustment under this subsection for any 
increment of funding shall start on October 1, 2021, 
and shall end on the date on which funds are depos-
ited in the applicable Pueblo Trust Fund. 
(c) STATE COST SHARE.—Pursuant to the Agree-
ment, the State shall contribute— 
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(1) $24,000,000, as adjusted for inflation pur-
suant to the Agreement, for the Joint Grants-Milan 
Project for Water Re-Use, Water Conservation and 
Augmentation of the Rio San Jose´, the Village of 
Milan Projects Fund, and the City of Grants 
Projects Fund; 
(2) $12,000,000, as adjusted for the inflation 
pursuant to the Agreement, for Signatory Acequias 
Projects and Offset Projects Fund for the Associa-
tion of Community Ditches of the Rio San Jose´; and 
(3) $500,000, as adjusted for inflation pursu-
ant to the Agreement, to mitigate impairment to 
non-Pueblo domestic and livestock groundwater 
rights as a result of new Pueblo water use. 
SEC. 8. ENFORCEABILITY DATE. 
(a) IN GENERAL.—The Enforceability Date shall be 
the date on which the Secretary publishes in the Federal 
Register a statement of findings that— 
(1) to the extent that the Agreement conflicts 
with this Act, the Agreement has been amended to 
conform with this Act; 
(2) the Agreement, as amended, including the 
waivers and releases of claims set forth in section 9, 
has been executed by all parties to the Agreement, 
including the United States; 
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(3) all of the amounts appropriated under sec-
tion 7 have been appropriated and deposited in the 
designated accounts of the Pueblo Trust Fund; 
(4) the State has enacted legislation to amend 
State law to provide that a Pueblo Water Right may 
be leased for a term not to exceed 99 years, includ-
ing renewals; 
(5) the State has provided— 
(A) the funding under section 7(c)(3) into 
appropriate funding accounts; and 
(B) the funding under paragraphs (1) and 
(2) of section 7(c) into appropriate funding ac-
counts or entered into funding agreements with 
the intended beneficiaries for funding under 
those paragraphs of that section; and 
(6) the Decree Court has approved the Agree-
ment and has entered a Partial Final Judgment and 
Decree. 
(b) EXPIRATION.— 
(1) IN GENERAL.—This Act shall expire in any 
case in which the Secretary fails to publish a state-
ment of findings under subsection (a) by not later 
than— 
(A) July 1, 2030; or 
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(B) such alternative later date as is agreed 
to by the Pueblos and the Secretary, after pro-
viding reasonable notice to the State. 
(2) CONSEQUENCES.—If this Act expires under 
paragraph (1)— 
(A) the waivers and releases under sub-
sections (a) and (b) of section 9 shall— 
(i) expire; and 
(ii) have no further force or effect; 
(B) the authorization, ratification, con-
firmation, and execution of the Agreement 
under section 4 shall no longer be effective; 
(C) any action carried out by the Sec-
retary, and any contract or agreement entered 
into, pursuant to this Act shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this Act, together with 
any interest earned on those funds, and any 
water rights or contracts to use water and title 
to other property acquired or constructed with 
Federal funds appropriated or made available 
to carry out the activities authorized by this 
Act, shall be returned to the Federal Govern-
ment, unless otherwise agreed to by the Pueblos 
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and the United States and approved by Con-
gress; and 
(E) except for Federal funds used to ac-
quire or construct property that is returned to 
the Federal Government under subparagraph 
(D), the United States shall be entitled to offset 
any Federal funds made available to carry out 
this Act that were expended or withdrawn, or 
any funds made available to carry out this Act 
from other Federal authorized sources, together 
with any interest accrued on those funds, 
against any claims against the United States— 
(i) relating to— 
(I) water rights in the State as-
serted by the Pueblos or any user of 
the Pueblo Water Rights; or 
(II) any other matter covered by 
section 9(a)(2); or 
(ii) in any future settlement of water 
rights of the Pueblos. 
SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 
(a) WAIVERS AND RELEASES OF CLAIMS BY PUEB-
LOS AND THE UNITED STATES AS TRUSTEE FOR PUEB-
LOS.—Subject to the reservation of rights and retention 
of claims under subsection (d), as consideration for rec-
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ognition of the Pueblo Water Rights and other benefits 
described in the Agreement and this Act, the Pueblos and 
the United States, acting as trustee for the Pueblos, shall 
execute a waiver and release of all claims for— 
(1) water rights within the Rio San Jose´ 
Stream System that the Pueblos, or the United 
States acting as trustee for the Pueblos, asserted or 
could have asserted in any proceeding, including the 
Adjudication, on or before the Enforceability Date, 
except to the extent that such rights are recognized 
in the Agreement and this Act; and 
(2) damages, losses, or injuries to water rights 
or claims of interference with, diversion of, or taking 
of water rights (including claims for injury to land 
resulting from such damages, losses, injuries, inter-
ference with, diversion, or taking of water rights) in 
waters in the Rio San Jose´ Stream System against 
any party to the Agreement, including the members 
and parciantes of Signatory Acequias, that accrued 
at any time up to and including the Enforceability 
Date. 
(b) WAIVERS AND RELEASES OF CLAIMS BY PUEB-
LOS AGAINST UNITED STATES.—Subject to the reserva-
tion of rights and retention of claims under subsection (d), 
the Pueblos shall execute a waiver and release of all claims 
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against the United States (including any agency or em-
ployee of the United States) first arising before the En-
forceability Date relating to— 
(1) water rights within the Rio San Jose´ 
Stream System that the United States, acting as 
trustee for the Pueblos, asserted or could have as-
serted in any proceeding, including the Adjudication, 
except to the extent that such rights are recognized 
as part of the Pueblo Water Rights under this Act; 
(2) foregone benefits from non-Pueblo use of 
water, on and off Pueblo Land (including water 
from all sources and for all uses), within the Rio 
San Jose´ Stream System; 
(3) damage, loss, or injury to water, water 
rights, land, or natural resources due to loss of 
water or water rights (including damages, losses, or 
injuries to hunting, fishing, gathering, or cultural 
rights due to loss of water or water rights, claims 
relating to interference with, diversion of, or taking 
of water, or claims relating to a failure to protect, 
acquire, replace, or develop water, water rights, or 
water infrastructure) within the Rio San Jose´ 
Stream System; 
(4) a failure to provide operation, maintenance, 
or deferred maintenance for any irrigation system or 
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irrigation project within the Rio San Jose´ Stream 
System; 
(5) a failure to establish or provide a municipal, 
rural, or industrial water delivery system on Pueblo 
Land within the Rio San Jose´ Stream System; 
(6) damage, loss, or injury to water, water 
rights, land, or natural resources due to construc-
tion, operation, and management of irrigation 
projects on Pueblo Land (including damages, losses, 
or injuries to fish habitat, wildlife, and wildlife habi-
tat) within the Rio San Jose´ Stream System; 
(7) a failure to provide a dam safety improve-
ment to a dam on Pueblo Land within the Rio San 
Jose´ Stream System; 
(8) the litigation of claims relating to any water 
right of the Pueblos within the Rio San Jose´ Stream 
System; and 
(9) the negotiation, execution, or adoption of 
the Agreement (including attachments) and this Act. 
(c) EFFECTIVE DATE.—The waivers and releases de-
scribed in subsections (a) and (b) shall take effect on the 
Enforceability Date. 
(d) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases under 
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subsections (a) and (b), the Pueblos and the United 
States, acting as trustee for the Pueblos, shall retain— 
(1) all claims relating to— 
(A) the enforcement of, or claims accruing 
after the Enforceability Date relating to water 
rights recognized under, the Agreement, this 
Act, or the Partial Final Judgment and Decree 
entered in the Adjudication; 
(B) activities affecting the quality of water 
and the environment, including claims under— 
(i) the Comprehensive Environmental 
Response, Compensation and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), includ-
ing claims for damages to natural re-
sources; 
(ii) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(iii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.) (com-
monly referred to as the ‘‘Clean Water 
Act’’); and 
(iv) any regulations implementing the 
Acts described in clauses (i) through (iii); 
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(C) the right to use and protect water 
rights acquired after the date of enactment of 
this Act; 
(D) damage, loss, or injury to land or nat-
ural resources that is not due to loss of water 
or water rights, including hunting, fishing, 
gathering, or cultural rights; 
(E) all claims for water rights, and claims 
for injury to water rights, in basins other than 
the Rio San Jose´ Stream System, subject to ar-
ticle 8.5 of the Agreement with respect to the 
claims of the Pueblo of Laguna for water rights 
in the Rio Puerco Basin and the claims of the 
Pueblo of Acoma for water rights in the Rio Sa-
lado Basin; 
(F) all claims relating to the Jackpile- 
Paguate Uranium Mine in the State that are 
not due to loss of water or water rights; and 
(G) all rights, remedies, privileges, immu-
nities, and powers and claims not specifically 
waived and released pursuant to this Act or the 
Agreement. 
(e) EFFECT OF AGREEMENT AND ACT.—Nothing in 
the Agreement or this Act— 
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(1) reduces or extends the sovereignty (includ-
ing civil and criminal jurisdiction) of any govern-
ment entity, except as provided in section 11; 
(2) affects the ability of the United States, as 
a sovereign, to carry out any activity authorized by 
law, including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); 
(D) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); and 
(E) any regulations implementing the Acts 
described in subparagraphs (A) through (D); 
(3) affects the ability of the United States to 
act as trustee for any other pueblo or Indian Tribe, 
or an allottee of any other Indian Tribe; 
(4) confers jurisdiction on any State court— 
(A) to interpret Federal law relating to 
health, safety, or the environment; 
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(B) to determine the duties of the United 
States or any other party under Federal law re-
garding health, safety, or the environment; or 
(C) to conduct judicial review of any Fed-
eral agency action; or 
(5) waives any claim of a member of a Pueblo 
in an individual capacity that does not derive from 
a right of the Pueblos. 
(f) TOLLING OF CLAIMS.— 
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a claim described in this section shall be tolled for 
the period beginning on the date of enactment of 
this Act and ending on the Enforceability Date. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitation or any 
time-based equitable defense under any other appli-
cable law. 
SEC. 10. CLAIMS. 
The benefits provided under this Act shall be in com-
plete replacement of, complete substitution for, and full 
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satisfaction of any claim of the Pueblos against the United 
States that are waived and released by the Pueblos pursu-
ant to section 9(b). 
SEC. 11. CONSENT OF UNITED STATES TO JURISDICTION 
FOR 
APPEALS 
FROM 
A 
PUEBLO 
WATER 
RIGHT PERMIT DECISION. 
(a) CONSENT.—On the Enforceability Date, the con-
sent of the United States is hereby given, with the consent 
of each Pueblo under article 11.5 of the Agreement, to 
jurisdiction in the District Court for the Thirteenth Judi-
cial District of the State of New Mexico, and in the New 
Mexico Court of Appeals and the New Mexico Supreme 
Court on appeal therefrom in the same manner as pro-
vided under New Mexico law, over an action filed in such 
District Court by any party to a Pueblo Water Rights Per-
mit administrative proceeding under article 11.4 of the 
Agreement for the limited and sole purpose of an appeal 
from the Pueblo Water Right Permit decision under arti-
cle 11.5 of the Agreement. 
(b) LIMITATION.—The consent of the United States 
under this Act is limited to judicial review, based on the 
record developed through the administrative process of the 
Pueblo, under a standard of judicial review limited to de-
termining whether the Pueblo decision on the application 
for Pueblo Water Right Permit— 
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(1) is supported by substantial evidence; 
(2) is not arbitrary, capricious, or contrary to 
law; 
(3) is not in accordance with this Agreement or 
the Partial Final Judgment and Decree; or 
(4) shows that the Pueblo acted fraudulently or 
outside the scope of its authority. 
(c) PUEBLO WATER CODE AND INTERPRETATION.— 
(1) IN GENERAL.—Pueblo Water Code or Pueb-
lo Water Law provisions that meet the requirements 
of article 11 of the Agreement shall be given full 
faith and credit in any proceeding described in this 
section. 
(2) PROVISIONS
OF
THE
PUEBLO
WATER 
CODE.—To the extent that a State court conducting 
judicial review under this section must interpret pro-
visions of Pueblo law that are not express provisions 
of the Pueblo Water Code, the State court shall cer-
tify the question of interpretation to the Pueblo 
court. 
(3) NO CERTIFICATION.—Any issues of inter-
pretation of standards in article 11.6 of the Agree-
ment are not subject to certification. 
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(4) LIMITATION.—Nothing in this section limits 
the jurisdiction of the Decree Court to interpret and 
enforce the Agreement. 
SEC. 12. MISCELLANEOUS PROVISIONS. 
(a) WAIVER
OF SOVEREIGN IMMUNITY
BY
THE 
UNITED STATES.—Nothing in this Act waives the sov-
ereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this Act quantifies or diminishes any land or 
water right, or any claim or entitlement to land or water, 
of an Indian Tribe, band, or community other than the 
Pueblos. 
(c) EFFECT ON CURRENT LAW.—Nothing in this Act 
affects any provision of law (including regulations) in ef-
fect on the day before the date of enactment of this Act 
with respect to pre-enforcement review of any Federal en-
vironmental enforcement action. 
(d) CONFLICT.—In the event of a conflict between 
the Agreement and this Act, this Act shall control. 
SEC. 13. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
Act, including any obligation or activity under the Agree-
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ment, if adequate appropriations are not provided ex-
pressly by Congress to carry out the purposes of this Act. 
Æ 
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