(3) APPLICABLE LAW.—Water shall be allocated 
to the Pueblos and the County Water Utility under 
this subsection in accordance with— 
(A) this title; 
(B) the Settlement Agreement; and 
(C) the Operating Agreement. 
(b) 
DELIVERY
OF
REGIONAL
WATER
SYSTEM 
WATER.—The Authority shall deliver water from the Re-
gional Water System— 
(1) to the Pueblos water in a quantity sufficient 
to allow full consumptive use of up to 2,500 acre-feet 
per year of water rights by the Pueblos in accordance 
with— 
(A) the Settlement Agreement; 
(B) the Operating Agreement; and 
(C) this title; and 
(2) to the County water in a quantity sufficient 
to allow full consumptive use of up to 1,500 acre-feet 
per year of water rights by the County Water Utility 
in accordance with— 
(A) the Settlement Agreement; 
(B) the Operating Agreement; and 
(C) this title. 
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(c) ADDITIONAL USE OF ALLOCATION QUANTITY AND 
UNUSED CAPACITY.—The Regional Water System may be 
used to— 
(1) provide for use of return flow credits to allow 
for full consumptive use of the water allocated in the 
Settlement Agreement to each of the Pueblos and to 
the County; and 
(2) convey water allocated to one of the Pueblos 
or the County Water Utility for the benefit of another 
Pueblo or the County Water Utility or allow use of 
unused capacity by each other through the Regional 
Water System in accordance with an intergovern-
mental agreement between the Pueblos, or between a 
Pueblo and County Water Utility, as applicable, if— 
(A) such intergovernmental agreements are 
consistent with the Operating Agreement, the 
Settlement Agreement, and this Act; 
(B) capacity is available without reducing 
water delivery to any Pueblo or the County 
Water Utility in accordance with the Settlement 
Agreement, unless the County Water Utility or 
Pueblo contracts for a reduction in water deliv-
ery or Regional Water System capacity; 
(C) the Pueblo or County Water Utility 
contracting for use of the unused capacity or 
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water has the right to use the water under appli-
cable law; and 
(D) any agreement for the use of unused ca-
pacity or water provides for payment of the op-
eration, maintenance, and replacement costs as-
sociated with the use of capacity or water. 
SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. 
(a) ESTABLISHMENT OF THE AAMODT SETTLEMENT 
PUEBLOS’ FUND.—There is established in the Treasury of 
the United States a fund, to be known as the ‘‘Aamodt Set-
tlement Pueblos’ Fund,’’ consisting of— 
(1) such amounts as are made available to the 
Fund under section 107(c) or other authorized 
sources; and 
(2) any interest earned from investment of 
amounts in the Fund under subsection (b). 
(b) MANAGEMENT OF THE FUND.—The Secretary shall 
manage the Fund, invest amounts in the Fund, and make 
amounts available from the Fund for distribution to the 
Pueblos in accordance with— 
(1) the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 
and 
(2) this Act. 
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(c) INVESTMENT OF THE FUND.—On the date set forth 
in section 203(a)(1), the Secretary shall invest amounts in 
the Fund in accordance with— 
(1) the Act of April 1, 1880 (25 U.S.C. 161); 
(2) the first section of the Act of June 24, 1938 
(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) TRIBAL MANAGEMENT PLAN.— 
(1) IN GENERAL.—A Pueblo may withdraw all 
or part of the Pueblo’s portion of the Fund on ap-
proval by the Secretary of a tribal management plan 
as described in the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et 
seq.). 
(2) REQUIREMENTS.—In addition to the require-
ments under the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
the tribal management plan shall require that a 
Pueblo spend any amounts withdrawn from the Fund 
in accordance with the purposes described in section 
107(c). 
(3) ENFORCEMENT.—The Secretary may take ju-
dicial or administrative action to enforce the provi-
sions of any tribal management plan to ensure that 
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any amounts withdrawn from the Fund under an ap-
proved tribal management plan are used in accord-
ance with this title. 
(4) LIABILITY.—If a Pueblo or the Pueblos exer-
cise the right to withdraw amounts from the Fund, 
neither the Secretary nor the Secretary of the Treas-
ury shall retain any liability for the expenditure or 
investment of the amounts withdrawn. 
(5) EXPENDITURE PLAN.— 
(A) IN GENERAL.—The Pueblos shall submit 
to the Secretary for approval an expenditure 
plan for any portion of the amounts in the Fund 
that the Pueblos do not withdraw under this sub-
section. 
(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, the Settlement Agreement, and the 
Cost-Sharing and System Integration Agree-
ment. 
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(D) ANNUAL
REPORT.—The Pueblos shall 
submit to the Secretary an annual report that 
describes all expenditures from the Fund during 
the year covered by the report. 
(6) NO PER CAPITA PAYMENTS.—No part of the 
principal of the Fund, or the interest or income ac-
cruing on the principal shall be distributed to any 
member of a Pueblo on a per capita basis. 
(7) AVAILABILITY
OF
AMOUNTS
FROM
THE 
FUND.— 
(A) APPROVAL
OF
SETTLEMENT
AGREE-
MENT.—Amounts made available under subpara-
graphs (A) and (C) of section 107(c)(1) or from 
other authorized sources shall be available for ex-
penditure or withdrawal only after the date on 
which the United States District Court for the 
District of New Mexico issues an order approv-
ing the Settlement Agreement. 
(B) COMPLETION OF CERTAIN PORTIONS OF 
REGIONAL
WATER
SYSTEM.—Amounts 
made 
available under section 107(c)(1)(B) or from 
other authorized sources shall be available for ex-
penditure or withdrawal only after those por-
tions of the Regional Water System described in 
section 1.5.24 of the Settlement Agreement have 
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been declared substantially complete by the Sec-
retary. 
(C) FAILURE
TO
FULFILL
CONDITIONS 
PRECEDENT.—If the conditions precedent in sec-
tion 203 have not been fulfilled by September 15, 
2017, the United States shall be entitled to set off 
any funds expended or withdrawn from the 
amounts 
appropriated 
pursuant 
to 
section 
107(c), together with any interest accrued, 
against any claims asserted by the Pueblos 
against the United States relating to the water 
rights in the Pojoaque Basin. 
SEC. 106. ENVIRONMENTAL COMPLIANCE. 
(a) IN GENERAL.—In carrying out this title, the Sec-
retary shall comply with each law of the Federal Govern-
ment relating to the protection of the environment, includ-
ing— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
(b) NATIONAL ENVIRONMENTAL POLICY ACT.—Noth-
ing in this Act affects the outcome of any analysis con-
ducted by the Secretary or any other Federal official under 
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the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 
(a) REGIONAL WATER SYSTEM.— 
(1) IN
GENERAL.—Subject to paragraph (4), 
there is authorized to be appropriated to the Sec-
retary for the planning, design, and construction of 
the Regional Water System and the conduct of envi-
ronmental compliance activities under section 106 an 
amount not to exceed $106,400,000, as adjusted under 
paragraph (3), for the period of fiscal years 2010 
through 2022, to remain available until expended. 
(2) PRIORITY OF FUNDING.—Of the amounts au-
thorized under paragraph (1), the Secretary shall give 
priority to funding— 
(A) the construction of the San Ildefonso 
portion of the Regional Water System, consisting 
of— 
(i) the surface water diversion, treat-
ment, and transmission facilities at San 
Ildefonso Pueblo; and 
(ii) the San Ildefonso Pueblo portion of 
the Pueblo Water Facilities; and 
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(B) that part of the Regional Water System 
providing 475 acre-feet to Pojoaque Pueblo pur-
suant to section 2.2 of the Settlement Agreement. 
(3) 
ADJUSTMENT.—The 
amount 
authorized 
under paragraph (1) shall be adjusted annually to ac-
count for increases in construction costs since October 
1, 2006, as determined using applicable engineering 
cost indices. 
(4) LIMITATIONS.— 
(A) IN
GENERAL.—No amounts shall be 
made available under paragraph (1) for the con-
struction of the Regional Water System until the 
date on which the United States District Court 
for the District of New Mexico issues an order 
approving the Settlement Agreement. 
(B) RECORD
OF
DECISION.—No amounts 
made available under paragraph (1) shall be ex-
pended unless the record of decision issued by the 
Secretary after completion of an environmental 
impact statement provides for a preferred alter-
native that is in substantial compliance with the 
proposed Regional Water System, as defined in 
the Engineering Report. 
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(b) ACQUISITION OF WATER RIGHTS.—There is au-
thorized to be appropriated to the Secretary funds for the 
acquisition of the water rights under section 103(a)(1)(B)— 
(1) in the amount of $5,400,000.00 if such acqui-
sition is completed by December 31, 2010; and 
(2) the amount authorized under paragraph 
(b)(1) shall be adjusted according to the CPI Urban 
Index commencing January 1, 2011. 
(c) AAMODT SETTLEMENT PUEBLOS’ FUND.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Fund the following amounts for the 
period of fiscal years 2010 through 2022: 
(A) $15,000,000, which shall be allocated to 
the Pueblos, in accordance with section 2.7.1 of 
the Settlement Agreement, for the rehabilitation, 
improvement, operation, maintenance, and re-
placement of the agricultural delivery facilities, 
waste water systems, and other water-related in-
frastructure of the applicable Pueblo. The 
amount authorized herein shall be adjusted ac-
cording to the CPI Urban Index commencing Oc-
tober 1, 2006. 
(B) $37,500,000, which shall be allocated to 
an account, to be established not later than Jan-
uary 1, 2016, to assist the Pueblos in paying the 
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Pueblos’ share of the cost of operating, maintain-
ing, and replacing the Pueblo Water Facilities 
and the Regional Water System. 
(C) $5,000,000 and any interest thereon, 
which shall be allocated to the Pueblo of Nambe 
for the acquisition of the Nambe reserved water 
rights in accordance with section 103(a)(1)(A). 
The amount authorized herein shall be adjusted 
according to the CPI Urban Index commencing 
January 1, 2011. The funds provided under this 
section may be used by the Pueblo of Nambe only 
for the acquisition of land, other real property 
interests, or economic development. 
(2) OPERATION, MAINTENANCE, AND
REPLACE-
MENT COSTS.— 
(A) IN GENERAL.—Prior to conveyance of 
the Regional Water System pursuant to section 
101, the Secretary is authorized to and shall pay 
any operation, maintenance or replacement costs 
associated with the Pueblo Water Facilities or 
the Regional Water System up to an amount 
that does not exceed $5,000,000, which is author-
ized to be appropriated to the Secretary. 
(B) OBLIGATION OF FEDERAL GOVERNMENT 
AFTER
COMPLETION.—The amount authorized 
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under subparagraph (A) shall expire after the 
date on which construction of the Regional 
Water System is completed and the amounts re-
quired to be deposited in the account have been 
deposited under this section by the Federal Gov-
ernment. 
TITLE II—POJOAQUE BASIN IN-
DIAN WATER RIGHTS SETTLE-
MENT 
SEC. 201. SETTLEMENT AGREEMENT AND CONTRACT AP-
PROVAL. 
(a) APPROVAL.—To the extent the Settlement Agree-
ment and the Cost-Sharing and System Integration Agree-
ment do not conflict with this Act, the Settlement Agreement 
and the Cost-Sharing and System Integration Agreement 
(including any amendments to the Settlement Agreement 
and the Cost-Sharing and System Integration Agreement 
that are executed to make the Settlement Agreement or the 
Cost-Sharing and System Integration Agreement consistent 
with this Act) are authorized, ratified, and confirmed. 
(b) EXECUTION.—To the extent the Settlement Agree-
ment and the Cost-Sharing and System Integration Agree-
ment do not conflict with this Act, the Secretary shall exe-
cute the Settlement Agreement and the Cost-Sharing and 
System Integration Agreement (including any amendments 
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that are necessary to make the Settlement Agreement or the 
Cost-Sharing and System Integration Agreement consistent 
with this Act). 
(c) AUTHORITIES OF THE PUEBLOS.— 
(1) IN
GENERAL.—Each of the Pueblos may 
enter into contracts to lease or exchange water rights 
or to forbear undertaking new or expanded water uses 
for water rights recognized in section 2.1 of the Settle-
ment Agreement for use within the Pojoaque Basin in 
accordance with the other limitations of section 2.1.5 
of the Settlement Agreement provided that section 
2.1.5 is amended accordingly. 
(2) EXECUTION.—The Secretary shall not execute 
the Settlement Agreement until such amendment is 
accomplished under paragraph (1). 
(3) APPROVAL BY SECRETARY.—Consistent with 
the Settlement Agreement as amended under para-
graph (1), the Secretary shall approve or disapprove 
a lease entered into under paragraph (1). 
(4) PROHIBITION ON PERMANENT ALIENATION.— 
No lease or contract under paragraph (1) shall be for 
a term exceeding 99 years, nor shall any such lease 
or contract provide for permanent alienation of any 
portion of the water rights made available to the 
Pueblos under the Settlement Agreement. 
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(5) APPLICABLE LAW.—Section 2116 of the Re-
vised Statutes (25 U.S.C. 177) shall not apply to any 
lease or contract entered into under paragraph (1). 
(6) LEASING
OR
MARKETING
OF
WATER
SUP-
PLY.—The water supply provided on behalf of the 
Pueblos pursuant to section 103(a)(1) may only be 
leased or marketed by any of the Pueblos pursuant to 
the intergovernmental agreements described in section 
104(c)(2). 
(d) AMENDMENTS
TO CONTRACTS.—The Secretary 
shall amend the contracts relating to the Nambe Falls Dam 
and Reservoir that are necessary to use water supplied from 
the Nambe Falls Dam and Reservoir in accordance with 
the Settlement Agreement. 
SEC. 202. ENVIRONMENTAL COMPLIANCE. 
(a) EFFECT OF EXECUTION OF SETTLEMENT AGREE-
MENT.—The execution of the Settlement Agreement under 
section 201(b) shall not constitute a major Federal action 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(b) 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— 
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(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
SEC. 203. CONDITIONS PRECEDENT AND ENFORCEMENT 
DATE. 
(a) CONDITIONS PRECEDENT.— 
(1) IN GENERAL.—Upon the fulfillment of the 
conditions precedent described in paragraph (2), the 
Secretary shall publish in the Federal Register by 
September 15, 2017, a statement of finding that the 
conditions have been fulfilled. 
(2) REQUIREMENTS.—The conditions precedent 
referred to in paragraph (1) are the conditions that— 
(A) to the extent that the Settlement Agree-
ment conflicts with this title, the Settlement 
Agreement has been revised to conform with this 
title; 
(B) the Settlement Agreement, so revised, 
including waivers and releases pursuant to sec-
tion 204, has been executed by the appropriate 
parties and the Secretary; 
(C) Congress has fully appropriated, or the 
Secretary has provided from other authorized 
sources, all funds authorized by section 107, with 
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the exception of subsection (a)(1) of that section, 
by December 15, 2016; 
(D) the Secretary has acquired and entered 
into appropriate contracts for the water rights 
described in section 103(a); 
(E) for purposes of section 103(a), permits 
have been issued by the New Mexico State Engi-
neer to the Regional Water Authority to change 
the points of diversion to the mainstem of the 
Rio Grande for the diversion and consumptive 
use of at least 2,381 acre-feet by the Pueblos as 
part of the water supply for the Regional Water 
System, subject to the conditions that— 
(i) the permits shall be free of any con-
dition that materially adversely affects the 
ability of the Pueblos or the Regional Water 
Authority to divert or use the Pueblo water 
supply described in section 103(a), includ-
ing water rights acquired in addition to 
those described in section 103(a), in accord-
ance with section 103(g); and 
(ii) the Settlement Agreement shall es-
tablish the means to address any permit 
conditions to ensure the ability of the Pueb-
los to fully divert and consume at least 
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2,381 acre-feet as part of the water supply 
for the Regional Water System, including 
defining the conditions that will not con-
stitute a material adverse affect; 
(F) the State has enacted any necessary leg-
islation and provided any funding that may be 
required under the Settlement Agreement; 
(G) a partial final decree that sets forth the 
water rights and other rights to water to which 
the Pueblos are entitled under the Settlement 
Agreement and this title and that substantially 
conforms to the Settlement Agreement has been 
approved by the United States District Court for 
the District of New Mexico; and 
(H) a final decree that sets forth the water 
rights for all parties to the Aamodt Case and 
that substantially conforms to the Settlement 
Agreement has been approved by the United 
States District Court for the District of New 
Mexico by June 15, 2017. 
(b) EXPIRATION DATE.—If all the conditions precedent 
described in subsection (a)(2) have not been fulfilled by Sep-
tember 15, 2017— 
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(1) the Settlement Agreement and this Act in-
cluding waivers described in those documents shall no 
longer be effective; and 
(2) any funds that have been appropriated under 
this Act but not expended shall immediately revert to 
the general fund of the United States Treasury. 
(c) ENFORCEMENT DATE.—The Settlement Agreement 
shall become enforceable as of the date that the United 
States District Court for the District of New Mexico enters 
a partial final decree pursuant to subsection (a)(2)(E) and 
an Interim Administrative Order consistent with the Settle-
ment Agreement. 
(d) EFFECTIVENESS OF WAIVERS.—The waivers and 
releases executed pursuant to section 204 shall become effec-
tive as of the date that the Secretary publishes the notice 
required by subsection (a)(1). 
(e) REQUIREMENTS
FOR DETERMINATION
OF SUB-
STANTIAL COMPLETION OF THE REGIONAL WATER SYS-
TEM.— 
(1) CRITERIA FOR SUBSTANTIAL COMPLETION OF 
REGIONAL WATER SYSTEM.—Subject to the provisions 
in section 101(d) concerning the extent, size, and ca-
pacity of the County Distribution System, the Re-
gional Water System shall be determined to be sub-
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stantially completed if the infrastructure has been 
constructed capable of— 
(A) diverting, treating, transmitting, and 
distributing a supply of 2,500 acre-feet of water 
to the Pueblos; and 
(B) diverting, treating, and transmitting 
the quantity of water specified in the Engineer-
ing Report to the County Distribution System. 
(2) CONSULTATION.—On or after June 30, 2021, 
at the request of 1 or more of the Pueblos, the Sec-
retary shall consult with the Pueblos and confer with 
the County and the State on whether the criteria in 
paragraph (1) for substantial completion of the Re-
gional Water System have been met or will be met by 
June 30, 2024. 
(3) WRITTEN DETERMINATION BY SECRETARY.— 
Not earlier than June 30, 2021, at the request of 1 
or more of the Pueblos and after the consultation re-
quired by paragraph (2), the Secretary shall— 
(A) determine whether the Regional Water 
System has been substantially completed based 
on the criteria described in paragraph (1); and 
(B) submit a written notice of the deter-
mination under subparagraph (A) to— 
(i) the Pueblos; 
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(ii) the County; and 
(iii) the State. 
(4) RIGHT TO REVIEW.— 
(A) IN GENERAL.—A determination by the 
Secretary under paragraph (3)(A) shall be con-
sidered to be a final agency action subject to ju-
dicial review by the Decree Court under sections 
701 through 706 of title 5, United States Code. 
(B) FAILURE TO MAKE TIMELY DETERMINA-
TION.— 
(i) IN GENERAL.—If a Pueblo requests 
a written determination under paragraph 
(3) and the Secretary fails to make such a 
written determination by the date described 
in clause (ii), there shall be a rebuttable 
presumption that the failure constitutes 
agency action unlawfully withheld or un-
reasonably delayed under section 706 of 
title 5, United States Code. 
(ii) DATE.—The date referred to in 
clause (i) is the date that is the later of— 
(I) the date that is 180 days after 
the date of receipt by the Secretary of 
the request by the Pueblo; and 
(II) June 30, 2023. 
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(C) EFFECT OF ACT.—Nothing in this Act 
gives any Pueblo or Settlement Party the right 
to judicial review of a determination of the Sec-
retary regarding whether the Regional Water 
System has been substantially completed except 
under subchapter II of chapter 5, and chapter 7, 
of title 5, United States Code (commonly known 
as the ‘‘Administrative Procedure Act’’). 
(5) RIGHT TO VOID FINAL DECREE.— 
(A) IN GENERAL.—Not later than June 30, 
2024, on a determination by the Secretary, after 
consultation with the Pueblos, that the Regional 
Water System is not substantially complete, 1 or 
more of the Pueblos, or the United States acting 
on behalf of a Pueblo, shall have the right to no-
tify the Decree Court of the determination. 
(B) EFFECT.—The Final Decree shall have 
no force or effect on a finding by the Decree 
Court that a Pueblo, or the United States acting 
on behalf of a Pueblo, has submitted proper noti-
fication under subparagraph (A). 
(f) VOIDING OF WAIVERS.—If the Final Decree is void 
under subsection (e)(5)— 
(1) the Settlement Agreement shall no longer be 
effective; 
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(2) the waivers and releases executed pursuant to 
section 204 shall no longer be effective; and 
(3) any unexpended Federal funds, together with 
any interest earned on those funds, and title to any 
property acquired or constructed with expended Fed-
eral funds shall be returned to the Federal Govern-
ment, unless otherwise agreed to by the Pueblos and 
the United States and approved by Congress. 
SEC. 204. WAIVERS AND RELEASES. 
(a) CLAIMS
BY
THE PUEBLOS
AND
THE UNITED 
STATES.—In return for recognition of the Pueblos’ water 
rights and other benefits, including waivers and releases by 
non-Pueblo parties, as set forth in the Settlement Agreement 
and this Act, the Pueblos, on behalf of themselves and their 
members, and the United States acting in its capacity as 
trustee for the Pueblos are authorized to execute a waiver 
and release of— 
(1) all claims for water rights in the Pojoaque 
Basin that the Pueblos, or the United States acting 
in its capacity as trustee for the Pueblos, asserted, or 
could have asserted, in any proceeding, including the 
Aamodt Case, up to and including the waiver effec-
tiveness date identified in section 203(d), except to the 
extent that such rights are recognized in the Settle-
ment Agreement or this Act; 
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(2) all claims for water rights for lands in the 
Pojoaque Basin and for rights to use water in the 
Pojoaque Basin that the Pueblos, or the United States 
acting in its capacity as trustee for the Pueblos, 
might be able to otherwise assert in any proceeding 
not initiated on or before the date of enactment of this 
title, except to the extent that such rights are recog-
nized in the Settlement Agreement or this Act; 
(3) all claims for damages, losses or injuries to 
water rights or claims of interference with, diversion 
or taking of water (including claims for injury to 
land resulting from such damages, losses, injuries, in-
terference with, diversion, or taking) for land within 
the Pojoaque Basin that accrued at any time up to 
and including the waiver effectiveness date identified 
in section 203(d); 
(4) their defenses in the Aamodt Case to the 
claims previously asserted therein by other parties to 
the Settlement Agreement; 
(5) all pending and future inter se challenges to 
the quantification and priority of water rights of 
non-Pueblo wells in the Pojoaque Basin, except as 
provided by section 2.8 of the Settlement Agreement; 
(6) all pending and future inter se challenges 
against other parties to the Settlement Agreement; 
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(7) all claims for damages, losses, or injuries to 
water rights or claims of interference with, diversion 
or taking of water (including claims for injury to 
land resulting from such damages, losses, injuries, in-
terference with, diversion, or taking of water) attrib-
utable to City of Santa Fe pumping of groundwater 
that has effects on the ground and surface water sup-
plies of the Pojoaque Basin, provided that this waiver 
shall not be effective by the Pueblo of Tesuque unless 
there is a water resources agreement executed between 
the Pueblo of Tesuque and the City of Santa Fe; and 
(8) all claims for damages, losses, or injuries to 
water rights or claims of interference with, diversion 
or taking of water (including claims for injury to 
land resulting from such damages, losses, injuries, in-
terference with, diversion, or taking of water) attrib-
utable to County of Santa Fe pumping of ground-
water that has effects on the ground and surface water 
supplies of the Pojoaque Basin. 
(b) CLAIMS BY THE PUEBLOS AGAINST THE UNITED 
STATES.—The Pueblos, on behalf of themselves and their 
members, are authorized to execute a waiver and release 
of— 
(1) all claims against the United States, its 
agencies, or employees, relating to claims for water 
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rights in or water of the Pojoaque Basin or for rights 
to use water in the Pojoaque Basin that the United 
States acting in its capacity as trustee for the Pueblos 
asserted, or could have asserted, in any proceeding, 
including the Aamodt Case; 
(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 
damages, losses or injuries to hunting, fishing, gath-
ering or cultural rights due to loss of water or water 
rights; claims relating to interference with, diversion 
or taking of water or water rights; or claims relating 
to failure to protect, acquire, replace, or develop 
water, water rights or water infrastructure) within 
the Pojoaque Basin that first accrued at any time up 
to and including the waiver effectiveness date identi-
fied in section 203(d); 
(3) all claims against the United States, its 
agencies, or employees for an accounting of funds ap-
propriated by Acts, including the Act of December 22, 
1927 (45 Stat. 2), the Act of March 4, 1929 (45 Stat. 
1562), the Act of March 26, 1930 (46 Stat. 90), the 
Act of February 14, 1931 (46 Stat. 1115), the Act of 
March 4, 1931 (46 Stat. 1552), the Act of July 1, 
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1932 (47 Stat. 525), the Act of June 22, 1936 (49 
Stat. 1757), the Act of August 9, 1937 (50 Stat. 564), 
and the Act of May 9, 1938 (52 Stat. 291), as author-
ized 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 replacement appropriated by said 
Acts that first accrued 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 Pueblos’ water rights in 
the Aamodt Case; 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 Partial Final Decree, 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 Pueblos on behalf of themselves and 
their members and the United States acting in its capacity 
as trustee for the Pueblos retain.— 
(1) all claims for enforcement of the Settlement 
Agreement, the Cost-Sharing and System Integration 
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Agreement, the Final Decree, including the Partial 
Final Decree, the San Juan-Chama Project contract 
between the Pueblos and the United States or this Act; 
(2) all rights to use and protect water rights ac-
quired after the date of enactment of this Act; 
(3) 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, Final Decree, 
and the Settlement Agreement; 
(4) all claims against persons other than Parties 
to the Settlement Agreement for damages, losses or in-
juries to water rights or claims of interference with, 
diversion or taking of water (including claims for in-
jury to lands resulting from such damages, losses, in-
juries, interference with, diversion, or taking of 
water) within the Pojoaque Basin arising out of ac-
tivities occurring outside the Pojoaque Basin; 
(5) all claims relating to activities affecting the 
quality of water including any claims the Pueblos 
may have under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) (including claims for dam-
ages to natural resources), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Federal Water Pollu-
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tion Control Act (33 U.S.C. 1251 et seq.), and the reg-
ulations implementing those laws; 
(6) all claims against the United States relating 
to damages, losses, or injuries to land or natural re-
sources not due to loss of water or water rights (in-
cluding hunting, fishing, gathering or cultural 
rights); 
(7) all claims for water rights from water sources 
outside the Pojoaque Basin for land outside the 
Pojoaque Basin owned by a Pueblo or held by the 
United States for the benefit of any of the Pueblos; 
and 
(8) all rights, remedies, privileges, immunities, 
powers and claims not specifically waived and re-
leased pursuant to this Act or 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 any laws relating to health, safety, or 
the environment, including the Comprehensive Envi-
ronmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drink-
ing Water Act (42 U.S.C. 300f et seq.), the Federal 
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Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
and the regulations implementing those laws; 
(2) affects the ability of the United States to take 
actions acting in its capacity as trustee for any other 
Indian tribe or allottee; or 
(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; 
(e) 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 June 30, 2021. 
(2) EFFECT
OF
SUBPARAGRAPH.—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 limitations or any 
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time-based equitable defense under any other applica-
ble law. 
SEC. 205. EFFECT. 
Nothing in this Act or the Settlement Agreement affects 
the land and water rights, claims, or entitlements to water 
of any Indian tribe, pueblo, or community other than the 
Pueblos. 
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Union Calendar No. 227 
111TH CONGRESS 
2D SESSION 
H. R. 3342 
[Report No. 111–390] 
A BILL 
To authorize the Secretary of the Interior, acting 
through the Commissioner of Reclamation, to de-
velop water infrastructure in the Rio Grande 
Basin, and to approve the settlement of the 
water rights claims of the Pueblos of Nambe, 
Pojoaque, San Ildefonso, and Tesuque. 
JANUARY 12, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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