IB 
Union Calendar No. 232 
111TH CONGRESS 
2D SESSION 
H. R. 3254 
[Report No. 111–395] 
To approve the Taos Pueblo Indian Water Rights Settlement Agreement, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2009 
Mr. LUJA´N introduced the following bill; which was referred to the Committee 
on Natural Resources 
JANUARY 12, 2010 
Additional sponsor: Mr. HEINRICH 
JANUARY 12, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 17, 2009] 
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A BILL 
To approve the Taos Pueblo Indian Water Rights Settlement 
Agreement, and for other purposes. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) ELIGIBLE NON-PUEBLO ENTITIES.—The term 
‘‘Eligible Non-Pueblo Entities’’ means the Town of 
Taos, El Prado Water and Sanitation District 
(‘‘EPWSD’’), and the New Mexico Department of Fi-
nance and Administration Local Government Divi-
sion 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 Mutual Domestic 
Water Consumers Association, the Upper Arroyo 
Hondo Mutual Domestic Water Consumers Associa-
tion, and the Llano Quemado Mutual Domestic Water 
Consumers Association. 
(2) ENFORCEMENT DATE.—The term ‘‘Enforce-
ment Date’’ means the date upon which the Secretary 
publishes the notice required by section 10(f)(1). 
(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 ‘‘Partial 
Final Decree’’ means the Decree entered in New Mex-
ico v. Abeyta and New Mexico v. Arellano, Civil Nos. 
7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. 
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D.N.M) (consolidated), for the resolution of the Pueb-
lo’s water right claims and which is substantially in 
the form agreed to by the Parties and attached 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 recognized 
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 capacity 
as trustee for the Pueblo, holds title subject to Federal 
law limitations on alienation. Such lands include 
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 authorized 
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 ‘‘Set-
tlement 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) EPWSD; and 
(G) the 12 Taos area Mutual Domestic 
Water Consumers Associations (‘‘MDWCAs’’), as 
amended to conform with this Act. 
(11) STATE ENGINEER.—The term ‘‘State Engi-
neer’’ 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. 4. 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 shall 
not be subject to forfeiture, abandonment, or permanent 
alienation. 
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(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 ab-
rogated by an Act of Congress hereafter enacted. 
SEC. 5. 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 environment 
associated with the Buffalo Pasture area; and 
(3) protect and enhance watershed conditions. 
(b) AVAILABILITY OF GRANTS.—Upon the Enforcement 
Date, all amounts appropriated pursuant to section 
10(c)(1) or made available from other authorized sources, 
shall be available in grants to the Pueblo after the require-
ments 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-
mented consistent with the purposes of this section and de-
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scribes how such projects are consistent with the Settlement 
Agreement. 
(d) EARLY FUNDS.—Notwithstanding subsection (b), 
$10,000,000 of the monies authorized to be appropriated 
pursuant to section 10(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 de-
scribes 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. 6. 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, engineering, 
constructing, reconstructing, replacing, rehabilitating, 
operating, or repairing water production, treatment 
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or delivery infrastructure, on-farm improvements, or 
wastewater infrastructure; 
(3) restoring, preserving and protecting the Buf-
falo Pasture, including planning, permitting, design-
ing, engineering, constructing, operating, managing 
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 re-
lated 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 Act, and the 
Settlement Agreement. 
(c) INVESTMENT OF THE FUND.—Upon the Enforce-
ment Date, 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 10(c)(2) or made available from 
other authorized sources shall be available to the Pueblo for 
expenditure or withdrawal after the requirements of sub-
section (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 ju-
dicial or administrative action to enforce the require-
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ment 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 Sec-
retary nor the Secretary of the Treasury shall retain 
any liability for the expenditure or investment of the 
monies withdrawn. 
(4) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Pueblo shall submit 
to the Secretary for approval an expenditure 
plan for any portions of the funds made avail-
able under this Act that the Pueblo does not 
withdraw under paragraph (1)(A). 
(B) DESCRIPTION.—The expenditure plan 
shall describe the manner in which, and the pur-
poses for which, amounts remaining in the Fund 
will be used. 
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Secretary 
shall approve the plan if the Secretary deter-
mines that the plan is reasonable and consistent 
with this Act. 
(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 au-
thorized to be appropriated pursuant to section 10(c)(2)— 
(1) shall be available upon appropriation or 
made available from other authorized sources for the 
Pueblo’s acquisition of water rights pursuant to Arti-
cle 5.1.1.2.3 of the Settlement Agreement, the Buffalo 
Pasture Recharge Project, implementation of the 
Pueblo’s water rights acquisition program and water 
management and administration system, the design, 
planning, and permitting of water or wastewater in-
frastructure eligible for funding under sections 5 or 6, 
or costs related to the negotiation, authorization, and 
implementation of the Settlement Agreement; 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. 7. MARKETING. 
(a) PUEBLO WATER RIGHTS.—Subject to the approval 
of the Secretary in accordance with subsection (e), the Pueb-
lo may market water rights secured to it under the Settle-
ment Agreement and Partial Final Decree, provided that 
such marketing is in accordance with this section. 
(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 sub-
contract water made available to the Pueblo under the con-
tract authorized under section 9(b)(1)(A) to third parties 
to supply water for use within or without the Taos Valley, 
provided that the delivery obligations under such sub-
contract 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 interstate 
compact as apply to the exercise of water rights or 
contract rights to San Juan-Chama Project water 
held by non-Federal, non-Indian entities, including 
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all applicable State Engineer permitting and report-
ing requirements. 
(2) EFFECT ON WATER RIGHTS.—Such diversion 
or use off Pueblo lands under paragraph (1) shall not 
impair water rights or increase surface water deple-
tions within the Taos Valley. 
(d) MAXIMUM TERM.— 
(1) IN GENERAL.—The maximum term of any 
water use lease or subcontract, including all renewals, 
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 Act. 
(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 
section 102(2)(C) of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4332(2)(C)), or any other 
requirement of Federal law, whichever is later, pro-
vided that no Secretarial approval shall be required 
for any water use lease with a term of less than 7 
years. 
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(f) NO FORFEITURE OR ABANDONMENT.—The nonuse 
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, abandonment, relin-
quishment, 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, al-
location, conservation, exportation, or quantity of 
those waters. 
(2) APPLICABLE LAW.—The provisions of section 
2116 of the Revised Statutes (25 U.S.C. 177) shall not 
apply to any water made available under the Settle-
ment Agreement. 
(h) NO PREJUDICE.—Nothing in this Act shall be con-
strued to establish, address, prejudice, or prevent any party 
from litigating whether or to what extent any applicable 
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. 
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SEC. 8. 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- 
Benefit Projects in accordance with the Settlement Agree-
ment— 
(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 between 
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 constructing the 
Mutual-Benefit Projects authorized in subsection (a) 
shall be 75 percent and shall be nonreimbursable. 
(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 
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or service that the Secretary determines would sub-
stantially contribute to completing the Mutual-Benefit 
Projects. 
SEC. 9. SAN JUAN-CHAMA PROJECT CONTRACTS. 
(a) IN GENERAL.—Contracts issued under this section 
shall be in accordance with this Act and the Settlement 
Agreement. 
(b) CONTRACTS
FOR
SAN
JUAN-CHAMA
PROJECT 
WATER.— 
(1) IN GENERAL.—The Secretary shall enter into 
3 repayment contracts by not later than 180 days 
after the date of enactment of this Act, 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. 
(2) REQUIREMENTS.—Each such contract shall 
provide that if the conditions precedent set forth in 
section 10(f)(2) have not been fulfilled by December 
31, 2016, the contract shall expire on that date. 
(3) APPLICABLE LAW.—Public Law 87–483 (76 
Stat. 97) applies to the contracts entered into under 
paragraph (1) and no preference shall be applied as 
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a result of section 4(a) with regard to the delivery or 
distribution of San Juan-Chama Project water or the 
management or operation of the San Juan-Chama 
Project. 
(c) WAIVER.—With respect to the contract authorized 
and required by subsection (b)(1)(A) and notwithstanding 
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 principal 
and the interest, for the San Juan-Chama Project and 
pursuant to that waiver, the Pueblo’s share of all con-
struction costs for the San Juan-Chama Project, in-
clusive of both principal and interest shall be nonre-
imbursable; 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. 10. 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 Act, 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 Act, 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 Act, 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 Act, after the Pueblo has executed the 
Settlement Agreement and any such amendments. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) TAOS PUEBLO INFRASTRUCTURE AND WATER-
SHED FUND.—There is authorized to be appropriated 
to the Secretary to provide grants pursuant to section 
5, $30,000,000, as adjusted under paragraph (4), for 
the period of fiscal years 2010 through 2016. 
(2) 
TAOS
PUEBLO
WATER
DEVELOPMENT 
FUND.—There is authorized to be appropriated to the 
Taos Pueblo Water Development Fund, established at 
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section 6(a), $58,000,000, as adjusted under para-
graph (4), for the period of fiscal years 2010 through 
2016. 
(3) MUTUAL-BENEFIT
PROJECTS
FUNDING.— 
There is further authorized to be appropriated to the 
Secretary to provide grants pursuant to section 8, a 
total of $33,000,000, as adjusted under paragraph 
(4), for the period of fiscal years 2010 through 2016. 
(4) ADJUSTMENTS TO AMOUNTS AUTHORIZED.— 
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 indi-
cated 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 5(d), 
the Secretary shall deposit the funds made available 
pursuant to paragraphs (1) and (3) into a Taos Set-
tlement Fund to be established within the Treasury of 
the United States so that such funds may be made 
available to the Pueblo and the Eligible Non-Pueblo 
Entities upon the Enforcement Date as set forth in 
sections 5(b) and 8(a). 
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(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 appro-
priate to fulfill the intent of the Settlement Agreement and 
this Act. 
(e) ENVIRONMENTAL COMPLIANCE.— 
(1) EFFECT
OF
EXECUTION
OF
SETTLEMENT 
AGREEMENT.—The Secretary’s execution of the Settle-
ment Agreement shall not constitute a major Federal 
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 Act, the Secretary shall comply 
with each law of the Federal Government relating to 
the protection of the environment, including— 
(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 FIND-
ING.— 
(1) IN GENERAL.—Upon the fulfillment of the 
conditions precedent described in paragraph (2), the 
Secretary shall publish in the Federal Register a 
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statement of finding that the conditions have been ful-
filled. 
(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 Agree-
ment conflicts with this Act, the Settlement 
Agreement has been revised to conform with this 
Act. 
(C) The Settlement Agreement, so revised, 
including waivers and releases pursuant to sec-
tion 11, 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 pro-
vided to the Pueblo pursuant to sections 5 and 
6, or placed in the Taos Pueblo Water Develop-
ment Fund or the Taos Settlement Fund as di-
rected in subsection (c). 
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(E) The Legislature of the State of New 
Mexico has fully appropriated the funds for the 
State contributions as specified in the Settlement 
Agreement, and those funds have been deposited 
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 Decree may be 
leased for a term, including all renewals, 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 Settlement 
Agreement and this Act and that substantially 
conforms to the Settlement Agreement and At-
tachment 5 thereto has been approved by the 
Court and has become final and nonappealable. 
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(g) ENFORCEMENT DATE.—The Settlement Agreement 
shall become enforceable, and the waivers and releases exe-
cuted pursuant to section 11 and the limited waiver of sov-
ereign immunity set forth in section 12(a) shall become ef-
fective, as of the date that the Secretary publishes the notice 
required by subsection (f)(1). 
(h) EXPIRATION DATE.— 
(1) IN GENERAL.—If all of the conditions prece-
dent described in section (f)(2) have not been fulfilled 
by December 31, 2016, the Settlement Agreement shall 
be null and void, the waivers and releases executed 
pursuant to section 11 and the sovereign immunity 
waivers in section 12(a) shall not become effective, 
and any unexpended Federal funds, together with any 
income earned thereon, and title to any property ac-
quired or constructed with expended Federal funds, 
shall be returned to the Federal Government, unless 
otherwise agreed to by the Parties in writing and ap-
proved by Congress. 
(2) 
EXCEPTION.—Notwithstanding 
subsection 
(h)(1) or any other provision of law, any unexpended 
Federal funds, together with any income earned there-
on, made available under sections 5(d) and 6(f) and 
title to any property acquired or constructed with ex-
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pended Federal funds made available under sections 
5(d) and 6(f) shall be retained by the Pueblo. 
(3) RIGHT TO SET-OFF.—In the event the condi-
tions precedent set forth in subsection (f)(2) have not 
been fulfilled by December 31, 2016, the United States 
shall be entitled to set off any funds expended or with-
drawn from the amount appropriated pursuant to 
paragraphs (1) and (2) of subsection (c) or made 
available from other authorized sources, together with 
any interest accrued, against any claims asserted by 
the Pueblo against the United States relating to water 
rights in the Taos Valley. 
SEC. 11. WAIVERS AND RELEASES. 
(a) CLAIMS
BY
THE PUEBLO
AND
THE UNITED 
STATES.—In return for recognition of the Pueblo’s water 
rights and other benefits, including but not limited to the 
commitments by non-Pueblo parties, as set forth in the Set-
tlement Agreement and this Act, the Pueblo, on behalf of 
itself and its members, and the United States acting in its 
capacity as trustee for the Pueblo are authorized to execute 
a waiver and release of claims against the parties to New 
Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 
7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) 
(consolidated) from— 
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(1) all claims for water rights in the Taos Valley 
that the Pueblo, or the United States acting in its ca-
pacity as trustee for the Pueblo, asserted, or could 
have asserted, in any proceeding, including but not 
limited to in New Mexico v. Abeyta and New Mexico 
v. Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) and 
7939–BB (U.S. D.N.M.) (consolidated), up to and in-
cluding the Enforcement Date, except to the extent 
that such rights are recognized in the Settlement 
Agreement or this Act; 
(2) all claims for water rights, whether for con-
sumptive or nonconsumptive use, in the Rio Grande 
mainstream or its tributaries that the Pueblo, or the 
United States acting in its capacity as trustee for the 
Pueblo, asserted or could assert in any water rights 
adjudication proceedings except those claims based on 
Pueblo or United States ownership of lands or water 
rights acquired after the Enforcement Date, provided 
that nothing in this paragraph shall prevent the 
Pueblo or the United States from fully participating 
in the inter se phase of any such water rights adju-
dication proceedings; 
(3) all claims for damages, losses or injuries to 
water rights or claims of interference with, diversion 
or taking of water (including but not limited to 
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claims for injury to lands resulting from such dam-
ages, losses, injuries, interference with, diversion, or 
taking) in the Rio Grande mainstream or its tribu-
taries or for lands within the Taos Valley that ac-
crued at any time up to and including the Enforce-
ment Date; and 
(4) all claims against the State of New Mexico, 
its agencies, or employees relating to the negotiation 
or the adoption of the Settlement Agreement. 
(b) CLAIMS BY THE PUEBLO AGAINST THE UNITED 
STATES.—The Pueblo, on behalf of itself and its members, 
is authorized to execute a waiver and release of— 
(1) all claims against the United States, its 
agencies, or employees relating to claims for water 
rights in or water of the Taos Valley that the United 
States acting in its capacity as trustee for the Pueblo 
asserted, or could have asserted, in any proceeding, 
including but not limited to in New Mexico v. Abeyta 
and New Mexico v. Arellano, Civil Nos. 7896–BB 
(U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli-
dated); 
(2) all claims against the United States, its 
agencies, or employees relating to damages, losses, or 
injuries to water, water rights, land, or natural re-
sources due to loss of water or water rights (including 
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but not limited to damages, losses or injuries to hunt-
ing, fishing, gathering, or cultural rights due to loss 
of water or water rights, claims relating to inter-
ference with, diversion or taking of water or water 
rights, or claims relating to failure to protect, ac-
quire, replace, or develop water, water rights or water 
infrastructure) in the Rio Grande mainstream or its 
tributaries or within the Taos Valley that first ac-
crued at any time up to and including the Enforce-
ment Date; 
(3) all claims against the United States, its 
agencies, or employees for an accounting of funds ap-
propriated by the Act of March 4, 1929 (45 Stat. 
1562), the Act of March 4, 1931 (46 Stat. 1552), the 
Act of June 22, 1936 (49 Stat. 1757), the Act of Au-
gust 9, 1937 (50 Stat. 564), and the Act of May 9, 
1938 (52 Stat. 291), as authorized by the Pueblo 
Lands Act of June 7, 1924 (43 Stat. 636), and the 
Pueblo Lands Act of May 31, 1933 (48 Stat. 108), 
and for breach of trust relating to funds for water re-
placement appropriated by said Acts that first ac-
crued before the date of enactment of this Act; 
(4) all claims against the United States, its 
agencies, or employees relating to the pending litiga-
tion of claims relating to the Pueblo’s water rights in 
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New Mexico v. Abeyta and New Mexico v. Arellano, 
Civil Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB 
(U.S. D.N.M.) (consolidated); and 
(5) all claims against the United States, its 
agencies, or employees relating to the negotiation, 
Execution or the adoption of the Settlement Agree-
ment, exhibits thereto, the Final Decree, or this Act. 
(c) RESERVATION
OF RIGHTS
AND RETENTION
OF 
CLAIMS.—Notwithstanding the waivers and releases author-
ized in this Act, the Pueblo on behalf of itself and its mem-
bers and the United States acting in its capacity as trustee 
for the Pueblo retain— 
(1) all claims for enforcement of the Settlement 
Agreement, the Final Decree, including the Partial 
Final Decree, the San Juan-Chama Project contract 
between the Pueblo and the United States, or this Act; 
(2) all claims against persons other than the 
Parties to the Settlement Agreement for damages, 
losses or injuries to water rights or claims of inter-
ference with, diversion or taking of water rights (in-
cluding but not limited to claims for injury to lands 
resulting from such damages, losses, injuries, inter-
ference with, diversion, or taking of water rights) 
within the Taos Valley arising out of activities occur-
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ring outside the Taos Valley or the Taos Valley 
Stream System; 
(3) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; 
(4) all rights to use and protect water rights ac-
quired pursuant to State law, to the extent not incon-
sistent with the Partial Final Decree and the Settle-
ment Agreement (including water rights for the land 
the Pueblo owns in Questa, New Mexico); 
(5) all claims relating to activities affecting the 
quality of water including but not limited to any 
claims the Pueblo might have under the Comprehen-
sive Environmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et seq.) (includ-
ing but not limited to claims for damages to natural 
resources), the Safe Drinking Water Act (42 U.S.C. 
300f et seq.), the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.), and the regulations imple-
menting those Acts; 
(6) all claims relating to damages, losses, or in-
juries to land or natural resources not due to loss of 
water or water rights (including but not limited to 
hunting, fishing, gathering, or cultural rights); and 
(7) all rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and re-
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leased pursuant to this Act and the Settlement Agree-
ment. 
(d) EFFECT OF SECTION.—Nothing in the Settlement 
Agreement or this Act— 
(1) affects the ability of the United States acting 
in its sovereign capacity to take actions authorized by 
law, including but not limited to any laws relating 
to health, safety, or the environment, including but 
not limited to the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Comprehensive Envi-
ronmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), and the regula-
tions implementing such Acts; 
(2) affects the ability of the United States to take 
actions acting in its capacity as trustee for any other 
Indian tribe or allottee; 
(3) confers jurisdiction on any State court to— 
(A) interpret Federal law regarding health, 
safety, or the environment or determine the du-
ties of the United States or other parties pursu-
ant to such Federal law; or 
(B) conduct judicial review of Federal agen-
cy action; or 
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