as of the date that the conditions precedent described in 
subsection (a)(2) have been fulfilled. 
(c) EXPIRATION.—If the parties to the Settlement 
Agreement entitled to provide notice regarding the lack 
of substantial completion of the Regional Water System 
provide such notice in accordance with section 10.3 of the 
Settlement Agreement, the Settlement Agreement shall no 
longer be effective, the waivers and releases executed pur-
suant to section 124 shall no longer be effective, and any 
unexpended Federal funds, together with any income 
earned thereon, and title to any property acquired or con-
structed with expended Federal funds, shall be returned 
to the Federal Government unless otherwise agreed to by 
the appropriate parties in writing and approved by Con-
gress. 
SEC. 124. WAIVERS AND RELEASES. 
(a) CLAIMS
BY
THE PUEBLO
AND
THE UNITED 
STATES.—The Pueblos, on behalf of themselves and their 
members, and the United States, acting in its capacity as 
trustee for the Pueblos, as part of their obligations under 
the Settlement Agreement, shall each execute a waiver and 
release of— 
(1) all past, present, and future claims to sur-
face and groundwater rights that the Pueblos, or the 
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United States on behalf of the Pueblos, asserted or 
could have asserted in the Aamodt Case; 
(2) all past, present, and future claims for dam-
ages, losses or injuries to water rights or claims of 
interference, diversion or taking of water for lands 
within the Pojoaque Basin that accrued at any time 
up to and including the enforcement date identified 
in section 123(b), that the Pueblos or their mem-
bers, or the United States on behalf of the Pueblos, 
asserted or could have asserted against the parties 
to the Aamodt Case; 
(3) their defenses in the Aamodt Case to the 
claims previously asserted therein by the other Set-
tlement Parties; and 
(4) all pending inter se challenges against other 
parties to the Settlement Agreement. 
(b) CLAIMS BY THE PUEBLOS.—The Pueblos, on be-
half of themselves and their members, as part of their obli-
gations under the Settlement Agreement, shall execute a 
waiver and release of— 
(1) all causes of action against the United 
States, its agencies, or employees, arising out of all 
past, present, and future claims for water rights 
that were asserted, or could have been asserted, by 
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the United States as trustee for the Pueblos and on 
behalf of the Pueblos in the Aamodt case; 
(2) all claims for damages, losses or injuries to 
water rights or claims of interference, diversion or 
taking of water for lands within the Pojoaque Basin 
that accrued at any time up to and including the en-
forcement date identified in section 123(b), that the 
Pueblos or their members may have against the 
United States, its agencies, or employees; and 
(3) all claims arising out of or resulting from 
the negotiation or the adoption of the Settlement 
Agreement, exhibits thereto, the Final Decree, or 
this title, that the Pueblos of their members may 
have against the United States, its agencies, agents 
or employees. 
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding subsections (a) and (b), and 
except as otherwise provided in the Settlement Agreement, 
the Pueblos and the United States shall retain— 
(1) all claims for water rights or injuries to 
water rights arising out of activities occurring out-
side the Pojoaque Basin except insofar as such 
claims are specifically addressed in the Cost-Sharing 
and System Integration Agreement; 
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(2) all claims for enforcement of the Settlement 
Agreement, the Final Decree, or this title, through 
such legal and equitable remedies as may be avail-
able in any court of competent jurisdiction; 
(3) all rights to use and protect water rights ac-
quired pursuant to state law to the extent not incon-
sistent with the Final Decree and the Settlement 
Agreement; 
(4) all claims relating to activities affecting the 
quality of water; and 
(5) all rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and re-
leased pursuant to the Settlement Agreement or this 
title. 
(d) 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 Enforcement Date. 
(2) NO REVIVAL OF CLAIMS.—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. 
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SEC. 125. EFFECT. 
Nothing in this title or the Settlement Agreement af-
fects the land and water rights, claims, or entitlements 
to water of any Indian tribe, pueblo, or community other 
than the Pueblos. 
TITLE II—TAOS PUEBLO INDIAN 
WATER RIGHTS SETTLEMENT 
ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Taos Pueblo Indian 
Water Rights Settlement Act’’. 
SEC. 202. PURPOSE. 
The purposes of this title are— 
(1) to approve, ratify, and confirm the Taos 
Pueblo Indian Water Rights Settlement Agreement; 
(2) to authorize and direct the Secretary to exe-
cute the Settlement Agreement and to perform all 
obligations of the Secretary under the Settlement 
Agreement and this title; and 
(3) to authorize all actions and appropriations 
necessary for the United States to meet its obliga-
tions under the Settlement Agreement and this title. 
SEC. 203. DEFINITIONS. 
In this title: 
(1) ELIGIBLE
NON-PUEBLO
ENTITIES.—The 
term ‘‘Eligible Non-Pueblo Entities’’ means the 
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Town of Taos, EPWSD, and the New Mexico De-
partment of Finance and Administration Local Gov-
ernment Division on behalf of the Acequia Madre del 
Rio Lucero y del Arroyo Seco, the Acequia Madre 
del Prado, the Acequia del Monte, the Acequia 
Madre del Rio Chiquito, the Upper Ranchitos Mu-
tual Domestic Water Consumers Association, the 
Upper Arroyo Hondo Mutual Domestic Water Con-
sumers Association, and the Llano Quemado Mutual 
Domestic Water Consumers Association. 
(2) ENFORCEMENT DATE.—The term ‘‘Enforce-
ment Date’’ means the date upon which all condi-
tions precedent set forth in section 210(f)(2) have 
been fulfilled. 
(3) MUTUAL-BENEFIT
PROJECTS.—The term 
‘‘Mutual-Benefit Projects’’ means the projects de-
scribed and identified in Articles 6 and 10.1 of the 
Settlement Agreement. 
(4) PARTIAL FINAL DECREE.—The term ‘‘Par-
tial Final Decree’’ means the Decree entered in New 
Mexico v. Abeyta and New Mexico v. Arellano, Civil 
Nos. 7896–BB (U.S. D.N.M.) and 7939–BB (U.S. 
D.N.M) (consolidated), for the resolution of the 
Pueblo’s water right claims and which is substan-
tially in the form agreed to by the Parties and at-
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tached to the Settlement Agreement as Attachment 
5. 
(5) PARTIES.—The term ‘‘Parties’’ means the 
Parties to the Settlement Agreement, as identified in 
Article 1 of the Settlement Agreement. 
(6) PUEBLO.—The term ‘‘Pueblo’’ means the 
Taos Pueblo, a sovereign Indian Tribe duly recog-
nized by the United States of America. 
(7) PUEBLO LANDS.—The term ‘‘Pueblo lands’’ 
means those lands located within the Taos Valley to 
which the Pueblo, or the United States in its capac-
ity as trustee for the Pueblo, holds title subject to 
Federal law limitations on alienation. Such lands in-
clude Tracts A, B, and C, the Pueblo’s land grant, 
the Blue Lake Wilderness Area, and the Tenorio 
and Karavas Tracts and are generally depicted in 
Attachment 2 to the Settlement Agreement. 
(8) SAN
JUAN-CHAMA
PROJECT.—The term 
‘‘San Juan-Chama Project’’ means the Project au-
thorized by section 8 of the Act of June 13, 1962 
(76 Stat. 96, 97), and the Act of April 11, 1956 (70 
Stat. 105). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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(10) SETTLEMENT
AGREEMENT.—The term 
‘‘Settlement Agreement’’ means the contract dated 
March 31, 2006, between and among— 
(A) the United States, acting solely in its 
capacity as trustee for Taos Pueblo; 
(B) the Taos Pueblo, on its own behalf; 
(C) the State of New Mexico; 
(D) the Taos Valley Acequia Association 
and its 55 member ditches (‘‘TVAA’’); 
(E) the Town of Taos; 
(F) El Prado Water and Sanitation Dis-
trict (‘‘EPWSD’’); and 
(G) the 12 Taos area Mutual Domestic 
Water Consumers Associations (‘‘MDWCAs’’), 
as amended to conform with this title. 
(11) STATE ENGINEER.—The term ‘‘State En-
gineer’’ means the New Mexico State Engineer. 
(12) TAOS VALLEY.—The term ‘‘Taos Valley’’ 
means the geographic area depicted in Attachment 4 
of the Settlement Agreement. 
SEC. 204. PUEBLO RIGHTS. 
(a) IN GENERAL.—Those rights to which the Pueblo 
is entitled under the Partial Final Decree shall be held 
in trust by the United States on behalf of the Pueblo and 
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shall not be subject to forfeiture, abandonment or perma-
nent alienation. 
(b) SUBSEQUENT ACT OF CONGRESS.—The Pueblo 
shall not be denied all or any part of its rights held in 
trust absent its consent unless such rights are explicitly 
abrogated by an Act of Congress hereafter enacted. 
SEC. 205. PUEBLO WATER INFRASTRUCTURE AND WATER-
SHED ENHANCEMENT. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner of Reclamation, shall provide grants and 
technical assistance to the Pueblo on a nonreimbursable 
basis to— 
(1) plan, permit, design, engineer, construct, re-
construct, replace, or rehabilitate water production, 
treatment, and delivery infrastructure; 
(2) restore, preserve, and protect the environ-
ment associated with the Buffalo Pasture area; and 
(3) protect and enhance watershed conditions. 
(b) AVAILABILITY OF GRANTS.—Upon the Enforce-
ment Date, all amounts appropriated pursuant to section 
210(c)(1) shall be available in grants to the Pueblo after 
the requirements of subsection (c) have been met. 
(c) PLAN.—The Secretary shall provide financial as-
sistance pursuant to subsection (a) upon the Pueblo’s sub-
mittal of a plan that identifies the projects to be imple-
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mented consistent with the purposes of this section and 
describes how such projects are consistent with the Settle-
ment Agreement. 
(d) EARLY FUNDS.—Notwithstanding subsection (b), 
$10,000,000 of the monies authorized to be appropriated 
pursuant to section 210(c)(1)— 
(1) shall be made available in grants to the 
Pueblo by the Secretary upon appropriation or avail-
ability of the funds from other authorized sources; 
and 
(2) shall be distributed by the Secretary to the 
Pueblo on receipt by the Secretary from the Pueblo 
of a written notice, a Tribal Council resolution that 
describes the purposes under subsection (a) for 
which the monies will be used, and a plan under 
subsection (c) for this portion of the funding. 
SEC. 206. TAOS PUEBLO WATER DEVELOPMENT FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Taos Pueblo Water Development Fund’’ (hereinafter, 
‘‘Fund’’) to be used to pay or reimburse costs incurred 
by the Pueblo for— 
(1) acquiring water rights; 
(2) planning, permitting, designing, engineer-
ing, constructing, reconstructing, replacing, rehabili-
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tating, operating, or repairing water production, 
treatment or delivery infrastructure, on-farm im-
provements, or wastewater infrastructure; 
(3) restoring, preserving and protecting the 
Buffalo Pasture, including planning, permitting, de-
signing, engineering, constructing, operating, man-
aging and replacing the Buffalo Pasture Recharge 
Project; 
(4) administering the Pueblo’s water rights ac-
quisition program and water management and ad-
ministration system; and 
(5) for watershed protection and enhancement, 
support of agriculture, water-related Pueblo commu-
nity welfare and economic development, and costs 
related to the negotiation, authorization, and imple-
mentation of the Settlement Agreement. 
(b) MANAGEMENT OF THE FUND.—The Secretary 
shall manage the Fund, invest amounts in the Fund, and 
make monies available from the Fund for distribution to 
the Pueblo consistent with the American Indian Trust 
Fund Management Reform Act of 1994 (25 U.S.C. 4001, 
et seq.) (hereinafter, ‘‘Trust Fund Reform Act’’), this 
title, and the Settlement Agreement. 
(c) INVESTMENT
OF
THE FUND.—The Secretary 
shall invest amounts in the Fund in accordance with— 
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(1) the Act of April 1, 1880 (21 Stat. 70, ch. 
41, 25 U.S.C. 161); 
(2) the first section of the Act of June 24, 
1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 
(3) the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(d) AVAILABILITY OF AMOUNTS FROM THE FUND.— 
Upon the Enforcement Date, all monies deposited in the 
Fund pursuant to section 210(c)(2) shall be available to 
the Pueblo for expenditure or withdrawal after the re-
quirements of subsection (e) have been met. 
(e) EXPENDITURES AND WITHDRAWAL.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) IN GENERAL.—The Pueblo may with-
draw all or part of the Fund on approval by the 
Secretary of a tribal management plan as de-
scribed in the Trust Fund Reform Act. 
(B) REQUIREMENTS.—In addition to the 
requirements under the Trust Fund Reform 
Act, the tribal management plan shall require 
that the Pueblo spend any funds in accordance 
with the purposes described in subsection (a). 
(2) ENFORCEMENT.—The Secretary may take 
judicial or administrative action to enforce the re-
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quirement that monies withdrawn from the Fund 
are used for the purposes specified in subsection (a). 
(3) LIABILITY.—If the Pueblo exercises the 
right to withdraw monies from the Fund, neither the 
Secretary nor the Secretary of the Treasury shall re-
tain any liability for the expenditure or investment 
of the monies withdrawn. 
(4) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Pueblo shall sub-
mit to the Secretary for approval an expendi-
ture plan for any portions of the funds made 
available under this title that the Pueblo does 
not withdraw under paragraph (1)(A). 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the 
purposes for which, amounts remaining in the 
Fund will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
retary shall approve the plan if the Secretary 
determines that the plan is reasonable and con-
sistent with this title. 
(5) ANNUAL REPORT.—The Pueblo shall submit 
to the Secretary an annual report that describes all 
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expenditures from the Fund during the year covered 
by the report. 
(f) FUNDS AVAILABLE UPON APPROPRIATION.—Not-
withstanding subsection (d), $15,000,000 of the monies 
authorized to be appropriated pursuant to section 
210(c)(2)— 
(1) shall be available upon appropriation for the 
Pueblo’s acquisition of water rights in fulfillment of 
the Settlement Agreement, the Buffalo Pasture Re-
charge Project, implementation of the Pueblo’s 
water rights acquisition program and water manage-
ment and administration system, the design, plan-
ning, and permitting of water or wastewater infra-
structure eligible for funding under sections 205 or 
206, or costs related to the negotiation, authoriza-
tion, and implementation of the Settlement Agree-
ment; and 
(2) shall be distributed by the Secretary to the 
Pueblo on receipt by the Secretary from the Pueblo 
of a written notice and a Tribal Council resolution 
that describes the purposes under paragraph (1) for 
which the monies will be used. 
(g) NO PER CAPITA DISTRIBUTIONS.—No part of the 
Fund shall be distributed on a per capita basis to members 
of the Pueblo. 
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SEC. 207. MARKETING. 
(a) PUEBLO WATER RIGHTS.—Subject to the ap-
proval of the Secretary in accordance with subsection (e), 
the Pueblo may market water rights secured to it under 
the Settlement Agreement and Partial Final Decree, pro-
vided that such marketing is in accordance with this sec-
tion. 
(b) PUEBLO CONTRACT RIGHTS
TO SAN JUAN- 
CHAMA PROJECT WATER.—Subject to the approval of the 
Secretary in accordance with subsection (e), the Pueblo 
may subcontract water made available to the Pueblo under 
the contract authorized under section 209(b)(1)(A) to 
third parties to supply water for use within or without the 
Taos Valley, provided that the delivery obligations under 
such subcontract are not inconsistent with the Secretary’s 
existing San Juan-Chama Project obligations and such 
subcontract is in accordance with this section. 
(c) LIMITATION.— 
(1) IN GENERAL.—Diversion or use of water off 
Pueblo Lands pursuant to Pueblo water rights or 
Pueblo contract rights to San Juan-Chama Project 
water shall be subject to and not inconsistent with 
the same requirements and conditions of State law, 
any applicable Federal law, and any applicable inter-
state compact as apply to the exercise of water 
rights or contract rights to San Juan-Chama Project 
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water held by non-Federal, non-Indian entities, in-
cluding all applicable State Engineer permitting and 
reporting requirements. 
(2) EFFECT ON WATER RIGHTS.—Such diver-
sion or use off Pueblo Lands under paragraph (1) 
shall not impair water rights or increase surface 
water depletions within the Taos Valley. 
(d) MAXIMUM TERM.— 
(1) IN GENERAL.—The maximum term of any 
water use lease or subcontract, including all renew-
als, shall not exceed 99 years in duration. 
(2) ALIENATION OF RIGHTS.—The Pueblo shall 
not permanently alienate any rights it has under the 
Settlement Agreement, the Partial Final Decree, 
and this title. 
(e) APPROVAL OF SECRETARY.—The Secretary shall 
approve or disapprove any lease or subcontract submitted 
by the Pueblo for approval not later than— 
(1) 180 days after submission; or 
(2) 60 days after compliance, if required, with 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)), or any other requirement of 
Federal law, whichever is later, provided that no 
Secretarial approval shall be required for any water 
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use lease or subcontract with a term of less than 7 
years. 
(f) NO FORFEITURE OR ABANDONMENT.—The non-
use by a lessee or subcontractor of the Pueblo of any right 
to which the Pueblo is entitled under the Partial Final 
Decree shall in no event result in a forfeiture, abandon-
ment, relinquishment, or other loss of all or any part of 
those rights. 
(g) NO PREEMPTION.— 
(1) IN GENERAL.—The approval authority of 
the Secretary provided under subsection (e) shall not 
amend, construe, supersede, or preempt any State or 
Federal law, interstate compact, or international 
treaty that pertains to the Colorado River, the Rio 
Grande, or any of their tributaries, including the ap-
propriation, use, development, storage, regulation, 
allocation, conservation, exportation, or quantity of 
those waters. 
(2) APPLICABLE LAW.—The provisions of sec-
tion 2116 of the Revised Statutes (25 U.S.C. 177) 
shall not apply to any water made available under 
the Settlement Agreement. 
(h) NO PREJUDICE.—Nothing in this title shall be 
construed to establish, address, prejudice, or prevent any 
party from litigating whether or to what extent any appli-
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cable State law, Federal law or interstate compact does 
or does not permit, govern, or apply to the use of the 
Pueblo’s water outside of New Mexico. 
SEC. 208. MUTUAL-BENEFIT PROJECTS. 
(a) IN GENERAL.—Upon the Enforcement Date, the 
Secretary, acting through the Commissioner of Reclama-
tion, shall provide financial assistance in the form of 
grants on a nonreimbursable basis to Eligible Non-Pueblo 
Entities to plan, permit, design, engineer, and construct 
the Mutual Benefits Projects in accordance with the Set-
tlement Agreement— 
(1) to minimize adverse impacts on the Pueblo’s 
water resources by moving future non-Indian ground 
water pumping away from the Pueblo’s Buffalo Pas-
ture; and 
(2) to implement the resolution of a dispute 
over the allocation of certain surface water flows be-
tween the Pueblo and non-Indian irrigation water 
right owners in the community of Arroyo Seco 
Arriba. 
(b) COST-SHARING.— 
(1) FEDERAL SHARE.—The Federal share of 
the total cost of planning, designing, and con-
structing the Mutual Benefit Projects authorized in 
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subsection (a) shall be 75 percent and shall be non-
reimbursable. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the total cost of planning, designing, and 
constructing the Mutual Benefit Projects shall be 25 
percent and may be in the form of in-kind contribu-
tions, including the contribution of any valuable 
asset or service that the Secretary determines would 
substantially contribute to completing the Mutual 
Benefit Projects. 
SEC. 209. SAN JUAN-CHAMA PROJECT CONTRACTS. 
(a) IN GENERAL.—Contracts issued under this sec-
tion shall be in accordance with this title and the Settle-
ment Agreement. 
(b) CONTRACTS
FOR SAN JUAN-CHAMA PROJECT 
WATER.— 
(1) IN
GENERAL.—The Secretary shall enter 
into 3 repayment contracts by December 31, 2009, 
for the delivery of San Juan-Chama Project water in 
the following amounts: 
(A) 2,215 acre-feet/annum to the Pueblo. 
(B) 366 acre-feet/annum to the Town of 
Taos. 
(C) 40 acre-feet/annum to EPWSD. 
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(2) REQUIREMENTS.—Each such contract shall 
provide that if the conditions precedent set forth in 
section 210(f)(2) have not been fulfilled by Decem-
ber 31, 2015, the contract shall expire on that date. 
(c) WAIVER.—With respect to the contracts author-
ized and required by subsection (b)(1) and notwith-
standing the provisions of Public Law 87–483 (76 Stat. 
96) or any other provision of law— 
(1) the Secretary shall waive the entirety of the 
Pueblo’s share of the construction costs, both prin-
cipal and the interest, for the San Juan-Chama 
Project and pursuant to that waiver, the Pueblo’s 
share of all construction costs for the San Juan- 
Chama Project, inclusive of both principal and inter-
est shall be nonreimbursable; and 
(2) the Secretary’s waiver of the Pueblo’s share 
of the construction costs for the San Juan-Chama 
Project will not result in an increase in the pro rata 
shares of other San Juan-Chama Project water con-
tractors, but such costs shall be absorbed by the 
United States Treasury or otherwise appropriated to 
the Department of the Interior. 
SEC. 210. AUTHORIZATIONS, RATIFICATIONS, CONFIRMA-
TIONS, AND CONDITIONS PRECEDENT. 
(a) RATIFICATION.— 
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(1) IN GENERAL.—Except to the extent that 
any provision of the Settlement Agreement conflicts 
with any provision of this title, the Settlement 
Agreement is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—To the extent amendments 
are executed to make the Settlement Agreement con-
sistent with this title, such amendments are also au-
thorized, ratified, and confirmed. 
(b) EXECUTION OF SETTLEMENT AGREEMENT.—To 
the extent that the Settlement Agreement does not conflict 
with this title, the Secretary shall execute the Settlement 
Agreement, including all exhibits to the Settlement Agree-
ment requiring the signature of the Secretary and any 
amendments necessary to make the Settlement Agreement 
consistent with this title, after the Pueblo has executed 
the Settlement Agreement and any such amendments. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) TAOS PUEBLO INFRASTRUCTURE AND WA-
TERSHED FUND.—There is authorized to be appro-
priated to the Secretary to provide grants pursuant 
to section 205, $30,000,000, as adjusted under 
paragraph (4), for the period of fiscal years 2009 
through 2015. 
(2) TAOS
PUEBLO
WATER
DEVELOPMENT 
FUND.—There is authorized to be appropriated to 
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the Taos Pueblo Water Development Fund, estab-
lished at section 206(a), $50,000,000, as adjusted 
under paragraph (4), for the period of fiscal years 
2009 through 2015. 
(3) MUTUAL-BENEFIT
PROJECTS
FUNDING.— 
There is further authorized to be appropriated to the 
Secretary to provide grants pursuant to section 208, 
a total of $33,000,000, as adjusted under paragraph 
(4), for the period of fiscal years 2009 through 
2015. 
(4) ADJUSTMENTS
TO
AMOUNTS
AUTHOR-
IZED.—The amounts authorized to be appropriated 
under paragraphs (1) through (3) shall be adjusted 
by such amounts as may be required by reason of 
changes since April 1, 2007, in construction costs, 
as indicated by engineering cost indices applicable to 
the types of construction or rehabilitation involved. 
(5) DEPOSIT IN FUND.—Except for the funds 
to be provided to the Pueblo pursuant to section 
205(d), the Secretary shall deposit the funds made 
available pursuant to paragraphs (1) and (3) into a 
Taos Settlement Fund to be established within the 
Treasury of the United States so that such funds 
may be made available to the Pueblo and the Eligi-
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ble Non-Pueblo Entities upon the Enforcement Date 
as set forth in sections 205(b) and 208(a). 
(d) AUTHORITY OF THE SECRETARY.—The Secretary 
is authorized to enter into such agreements and to take 
such measures as the Secretary may deem necessary or 
appropriate to fulfill the intent of the Settlement Agree-
ment and this title. 
(e) ENVIRONMENTAL COMPLIANCE.— 
(1) EFFECT OF EXECUTION OF SETTLEMENT 
AGREEMENT.—The Secretary’s execution of the Set-
tlement Agreement shall not constitute a major Fed-
eral action under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) 
COMPLIANCE
WITH
ENVIRONMENTAL 
LAWS.—In carrying out this title, the Secretary shall 
comply with each law of the Federal Government re-
lating to the protection of the environment, includ-
ing— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(f) CONDITIONS
PRECEDENT
AND
SECRETARIAL 
FINDING.— 
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(1) IN GENERAL.—Upon the fulfillment of the 
conditions precedent described in paragraph (2), the 
Secretary shall publish in the Federal Register a 
statement of finding that the conditions have been 
fulfilled. 
(2) CONDITIONS.—The conditions precedent re-
ferred to in paragraph (1) are the following: 
(A) The President has signed into law the 
Taos Pueblo Indian Water Rights Settlement 
Act. 
(B) To the extent that the Settlement 
Agreement conflicts with this title, the Settle-
ment Agreement has been revised to conform 
with this title. 
(C) The Settlement Agreement, so revised, 
including waivers and releases pursuant to sec-
tion 211, has been executed by the Parties and 
the Secretary prior to the Parties’ motion for 
entry of the Partial Final Decree. 
(D) Congress has fully appropriated or the 
Secretary has provided from other authorized 
sources all funds authorized by paragraphs (1) 
through (3) of subsection (c) so that the entire 
amounts so authorized have been previously 
provided to the Pueblo pursuant to sections 205 
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and 206, or placed in the Taos Pueblo Water 
Development Fund or the Taos Settlement 
Fund as directed in subsection (c). 
(E) The Legislature of the State of New 
Mexico has fully appropriated the funds for the 
State contributions as specified in the Settle-
ment Agreement, and those funds have been de-
posited in appropriate accounts. 
(F) The State of New Mexico has enacted 
legislation that amends NMSA 1978, section 
72–6–3 to state that a water use due under a 
water right secured to the Pueblo under the 
Settlement Agreement or the Partial Final De-
cree may be leased for a term, including all re-
newals, not to exceed 99 years, provided that 
this condition shall not be construed to require 
that said amendment state that any State law 
based water rights acquired by the Pueblo or by 
the United States on behalf of the Pueblo may 
be leased for said term. 
(G) A Partial Final Decree that sets forth 
the water rights and contract rights to water to 
which the Pueblo is entitled under the Settle-
ment Agreement and this title and that sub-
stantially conforms to the Settlement Agree-
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ment and Attachment 5 thereto has been ap-
proved by the Court and has become final and 
nonappealable. 
(g) ENFORCEMENT DATE.—The Settlement Agree-
ment shall become enforceable, and the waivers and re-
leases executed pursuant to section 211 and the limited 
waiver of sovereign immunity set forth in section 212(a) 
shall become effective, as of the date that the conditions 
precedent described in subsection (f)(2) have been ful-
filled. 
(h) EXPIRATION DATE.— 
(1) IN
GENERAL.—If all of the conditions 
precedent described in section (f)(2) have not been 
fulfilled by December 31, 2015, the Settlement 
Agreement shall be null and void, the waivers and 
releases executed pursuant to section 211 shall not 
become effective, and any unexpended Federal 
funds, together with any income earned thereon, and 
title to any property acquired or constructed with 
expended Federal funds, shall be returned to the 
Federal Government, unless otherwise agreed to by 
the Parties in writing and approved by Congress. 
(2) EXCEPTION.—Notwithstanding subsection 
(h)(1) or any other provision of law, any unexpended 
Federal funds, together with any income earned 
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thereon, made available under sections 205(d) and 
206(f) and title to any property acquired or con-
structed with expended Federal funds made available 
under sections 205(d) and 206(f) shall be retained 
by the Pueblo. 
(3) RIGHT TO SET-OFF.—In the event the con-
ditions precedent set forth in subsection (f)(2) have 
not been fulfilled by December 31, 2015, the United 
States shall be entitled to set off any funds expended 
or withdrawn from the amount appropriated pursu-
ant to paragraphs (1) and (2) of subsection (c) or 
made available from other authorized sources, to-
gether with any interest accrued, against any claims 
asserted by the Pueblo against the United States re-
lating to water rights in the Taos Valley. 
SEC. 211. WAIVERS AND RELEASES. 
(a) CLAIMS
BY
THE PUEBLO
AND
THE UNITED 
STATES.—The Pueblo, on behalf of itself and its members, 
and the United States, acting through the Secretary in 
its capacity as trustee for the Pueblo, as part of their obli-
gations under the Settlement Agreement, shall each exe-
cute a waiver and release of claims against all Parties to 
the Settlement Agreement, including individual members 
of signatory Acequias, from— 
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(1) all past, present, and future claims to sur-
face and groundwater rights that the Pueblo, or the 
United States on behalf of the Pueblo, asserted or 
could have asserted in New Mexico v. Abeyta and 
New Mexico v. Arellano, Civil Nos. 7896–BB (U.S. 
D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli-
dated); 
(2) all past, present, and future claims for dam-
ages, losses or injuries to water rights or claims of 
interference, diversion or taking of water for lands 
within the Taos Valley that accrued from time im-
memorial through the Enforcement Date that the 
Pueblo, or the United States on behalf of the Pueb-
lo, asserted or could have asserted; 
(3) all past, present, and future claims to sur-
face and groundwater rights to the use of Rio 
Grande mainstream or tributary water, whether 
presently known or unknown, whether for consump-
tive or nonconsumptive use, that the Pueblo, or the 
United States on behalf of the Pueblo, could assert 
in any present or future water rights adjudication 
proceeding that are not based on ownership of land 
or that are based on Pueblo or United States owner-
ship of lands or water rights at any time prior to the 
Enforcement Date, except that nothing in this para-
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graph shall be construed to prevent the Pueblo or 
the United States from fully participating in the 
inter se phase of any such present or future water 
rights adjudication proceeding; 
(4) all past, present, and future claims for dam-
ages, losses or injuries to water rights or claims of 
interference, diversion or taking of Rio Grande 
mainstream or tributary water that accrued from 
time immemorial through the Enforcement Date 
that the Pueblo, or the United States on behalf of 
the Pueblo, asserted or could have asserted; and 
(5) all past, present, and future claims arising 
out of or resulting from the negotiation or the adop-
tion of the Settlement Agreement, attachments 
thereto, or any specific terms and provisions thereof, 
against the State of New Mexico, its agencies, 
agents or employees. 
(b) CLAIMS BY THE PUEBLO.—The Pueblo, on behalf 
of itself and its members, as part of its obligations under 
the Settlement Agreement, shall execute a waiver and re-
lease of claims against the United States, its agencies, and 
its employees from— 
(1) all past, present, and future claims for 
water rights that were asserted, or could have been 
asserted, by the United States as trustee for the 
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