I 
117TH CONGRESS 
2D SESSION 
H. R. 8921 
To approve the settlement of water rights claims of the Pueblos of Jemez 
and Zia 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 Jemez and Zia 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 Jemez and Zia Water Rights Settlement Act 
of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
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Sec. 4. Ratification of Agreement. 
Sec. 5. Pueblo Water Right. 
Sec. 6. Settlement trust funds. 
Sec. 7. Funding. 
Sec. 8. Waivers and releases of claims. 
Sec. 9. Satisfaction of claims. 
Sec. 10. Enforceability date. 
Sec. 11. Miscellaneous provisions. 
Sec. 12. Antideficiency. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of all claims to water rights in the Jemez 
River Stream System in the State of New Mexico 
for— 
(A) the Pueblo of Jemez; 
(B) the Pueblo of Zia; and 
(C) the United States, acting as trustee for 
the Pueblos of Jemez and Zia; 
(2) to authorize, ratify, and confirm the Agree-
ment entered into by the Pueblos, the State, and 
various other parties to the extent that the Agree-
ment is consistent with this Act; 
(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. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADJUDICATION.—The term ‘‘Adjudication’’ 
means the adjudication of water rights pending be-
fore the United States District Court for the Dis-
trict of New Mexico: United States of America, on 
its own behalf, and on behalf of the Pueblos of 
Jemez, Santa Ana, and Zia, State of New Mexico, 
ex rel. State Engineer, Plaintiffs, and Pueblos of 
Jemez, Santa Ana, and Zia, Plaintiffs-in-Interven-
tion v. Tom Abousleman, et al., Defendants, Civil 
No. 83–cv–01041 (KR). 
(2) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means— 
(A) the document entitled ‘‘Pueblos of 
Jemez and Zia Water Rights Settlement Agree-
ment’’ and dated May 11, 2022, and the appen-
dices and exhibits attached thereto; and 
(B) any amendment to the document re-
ferred to in subparagraph (A) (including an 
amendment to an appendix or exhibit) that is 
executed to ensure that the Agreement is con-
sistent with this Act. 
(3) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 10. 
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(4) JEMEZ RIVER STREAM SYSTEM.—The term 
‘‘Jemez River Stream System’’ means the geo-
graphic extent of the area involved in the Adjudica-
tion. 
(5) PARTIAL FINAL JUDGMENT AND DECREE.— 
The term ‘‘Partial Final Judgment and Decree’’ 
means a final or interlocutory partial final judgment 
and decree entered by the United States District 
Court for the District of New Mexico with respect 
to the water rights of the Pueblos— 
(A) that is substantially in the form de-
scribed in the Agreement, as amended to ensure 
consistency with this Act; and 
(B) from which no further appeal may be 
taken. 
(6) PUEBLO.—The term ‘‘Pueblo’’ means either 
of— 
(A) the Pueblo of Jemez; or 
(B) the Pueblo of Zia. 
(7) PUEBLO LAND.—The term ‘‘Pueblo Land’’ 
means any real property that is— 
(A) held by the United States in trust for 
a Pueblo within the Jemez River Stream Sys-
tem; 
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(B) owned by a Pueblo within the Jemez 
River Stream System before the date on which 
a court approves the Agreement; or 
(C) acquired by a Pueblo on or after the 
date on which a court approves the Agreement 
if the real property— 
(i) is located within the exterior 
boundaries of the Pueblo, as recognized 
and confirmed by a patent issued under 
the Act of December 22, 1858 (11 Stat. 
374, chapter V); 
(ii) is located within the exterior 
boundaries of any territory set aside for a 
Pueblo by law, Executive order, or court 
decree; 
(iii) is owned by a Pueblo or held by 
the United States in trust for the benefit 
of a Pueblo outside the Jemez River 
Stream System that is located within the 
exterior boundaries of the Pueblo, as rec-
ognized and confirmed by a patent issued 
under the Act of December 22, 1858 (11 
Stat. 374, chapter V); or 
(iv) is located within the exterior 
boundaries of any real property located 
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outside the Jemez River Stream System 
set aside for a Pueblo by law, Executive 
order, or court decree if the land is within 
or contiguous to land held by the United 
States in trust for the Pueblo as of June 
1, 2022. 
(8) PUEBLO TRUST FUND.—The term ‘‘Pueblo 
Trust Fund’’ means— 
(A) the Pueblo of Jemez Settlement Trust 
Fund established under section 6(a); and 
(B) the Pueblo of Zia Settlement Trust 
Fund established under that section. 
(9) PUEBLO WATER RIGHT.—The term ‘‘Pueblo 
Water Right’’ means the water right of a Pueblo— 
(A) as identified in the Agreement and sec-
tion 5 of this Act; and 
(B) as confirmed in the Partial Final 
Judgment and Decree. 
(10) PUEBLOS.—The term ‘‘Pueblos’’ means— 
(A) the Pueblo of Jemez; and 
(B) the Pueblo of Zia. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(12) STATE.—The term ‘‘State’’ means the 
State of New Mexico and all officers, agents, depart-
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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 that the Agreement does not 
conflict with this Act, the Agreement is authorized, 
ratified, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Agreement, or to any appendix or exhibit attached 
to the Agreement requiring the signature of the Sec-
retary, is executed in accordance with this Act to 
make the Agreement consistent with this Act, the 
amendment is authorized, ratified, and confirmed. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent the Agreement 
does not conflict with this Act, the Secretary shall 
execute the Agreement, including all appendices or 
exhibits 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 appendix or exhibit to the Agree-
ment, that is consistent with this Act, to the extent 
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that the modification does not otherwise require con-
gressional approval under section 2116 of the Re-
vised Statutes (25 U.S.C. 177) or any other applica-
ble 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. 
(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-
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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.). 
(4) COSTS.—Any costs associated with the per-
formance of the compliance activities under this sub-
section 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. 
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SEC. 5. PUEBLO WATER RIGHT. 
(a) TRUST
STATUS
OF
THE
PUEBLO
WATER 
RIGHT.—The Pueblo Water Right 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.—The Pueblo 
Water Right shall not be subject to loss through non-use, 
forfeiture, abandonment, or other operation of law. 
(c) USE.—Any use of the Pueblo Water Right 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 Right 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 
Right 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 Right. 
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(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. 
(3) PROHIBITION ON FORFEITURE.—The non- 
use of all or any portion of the Pueblo Water Right 
by any water user shall not result in the forfeiture, 
abandonment, relinquishment, or other loss of all or 
any portion of the Pueblo Water Right. 
SEC. 6. SETTLEMENT TRUST FUNDS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
2 trust funds, to be known as the ‘‘Pueblo of Jemez Settle-
ment Trust Fund’’ and the ‘‘Pueblo of Zia Settlement 
Trust Fund’’, to be managed, invested, and distributed by 
the Secretary and to remain available until expended, 
withdrawn, or reverted to the general fund of the Treas-
ury, consisting of the amounts deposited in the Pueblo 
Trust Funds under subsection (b), together with any in-
vestment earnings, including interest, earned on those 
amounts for the purpose of carrying out this Act. 
(b) DEPOSITS.—The Secretary shall deposit in each 
Pueblo Trust Fund the amounts made available pursuant 
to section 7(a). 
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(c) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
funds into the Pueblo Trust Funds under subsection 
(b), the Secretary shall manage, invest, and dis-
tribute all amounts in the Pueblo Trust Funds in a 
manner that is consistent with the investment au-
thority of the Secretary under— 
(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(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 (b), 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 (e) and (g). 
(d) 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 each 
Pueblo by the Secretary beginning on the Enforce-
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ability Date, subject to the requirements of this sec-
tion, except for funds to be made available to the 
Pueblos pursuant to paragraph (2). 
(2) USE
OF
FUNDS.—Notwithstanding para-
graph (1), $25,000,000 of the amounts deposited in 
each Pueblo Trust Fund shall be available to the ap-
propriate Pueblo for— 
(A) developing economic water develop-
ment plans; 
(B) preparing environmental compliance 
documents; 
(C) preparing water project engineering 
designs; 
(D) establishing and operating a water re-
source department; 
(E) 
installing 
supplemental 
irrigation 
groundwater wells; and 
(F) developing water measurement and re-
porting water use plans. 
(e) 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 the Pueblo 
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Trust Fund on approval by the Secretary of a 
Tribal management plan submitted by the 
Pueblo in accordance with the American Indian 
Trust Fund Management Reform 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 Fund of the Pueblo under subparagraph 
(A) are used in accordance with this Act. 
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(2) 
WITHDRAWALS
UNDER
EXPENDITURE 
PLAN.— 
(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), each Pueblo shall sub-
mit to the Secretary an expenditure plan for 
any portion of the Pueblo Trust Fund that the 
Pueblo elects to withdraw pursuant to that sub-
paragraph, 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 (g). 
(D) APPROVAL.—The Secretary shall ap-
prove an expenditure plan submitted under sub-
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paragraph (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. 
(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. 
(f) 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 (e) or an expenditure plan under paragraph (2) 
of that subsection except under subchapter II of chapter 
5, and chapter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’). 
(g) USES.—Amounts from a Pueblo Trust Fund may 
only be used by the appropriate Pueblo for the following 
purposes: 
(1) Planning, permitting, designing, engineer-
ing, constructing, reconstructing, replacing, rehabili-
tating, operating, or repairing water production, 
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