infrastructure and resulting Rio Chama flow man-
agement; 
(9) the litigation of claims relating to any water 
right of Ohkay Owingeh within the Rio Chama 
Stream System; 
(10) the taking of the bosque property of the 
Pueblo within the Pueblo Grant on the Rio Chama 
and Rio Grande as asserted in Ohkay Owingeh v. 
United States, No. 22–1607L (Court of Federal 
Claims); 
(11) failure of the United States to acknowl-
edge and protect aboriginal rights to water in the 
Rio Chama Stream System; 
(12) the failure of the United States to develop 
the irrigation water resources in the Rio Chama 
Stream System on the Pueblo Grant, including fail-
ure to— 
(A) construct and deliver water through 
the Highline Canal; 
(B) make improvements to the Chamita 
Ditch; and 
(C) repurchase arable land unlawfully ob-
tained by non-Indians; 
(13) the failure of the United States to prevent 
or remedy non-Indians’ trespass on or seizure of ar-
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able Pueblo lands in the Rio Chama Stream System 
on the Pueblo Grant; and 
(14) the negotiation, execution, or adoption of 
the Agreement (including exhibits) and this Act. 
(c) EFFECTIVE DATE.—The waivers and releases de-
scribed in subsections (a) and (b) shall take effect on the 
Enforceability Date. 
(d) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases under 
subsections (a) and (b), the Pueblo and the United States, 
acting as trustee for Ohkay Owingeh, shall retain all 
claims relating to— 
(1) the enforcement of, or claims accruing after 
the Enforceability Date relating to, water rights rec-
ognized under the Agreement, this Act, or the Par-
tial Final Judgment and Decree entered in the Ad-
judication; 
(2) activities affecting the quality of water, in-
cluding claims under— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), including claims 
for damages to natural resources; 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
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(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(3) the right to use and protect water rights ac-
quired after the date of enactment of this Act; 
(4) damage, loss, or injury to land or natural 
resources that is not due to loss of water or water 
rights, including hunting, fishing, gathering, or cul-
tural rights; 
(5) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this Act or the Agreement; and 
(6) loss of water or water rights in locations 
outside of the Rio Chama Stream System. 
(e) EFFECT OF AGREEMENT AND ACT.—Nothing in 
the Agreement or this Act— 
(1) reduces or extends the sovereignty (includ-
ing civil and criminal jurisdiction) of any govern-
ment entity; 
(2) affects the ability of the United States, as 
sovereign, to carry out any activity authorized by 
law, including— 
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(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(D) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); and 
(E) any regulations implementing the Acts 
described in subparagraphs (A) though (D); 
(3) affects the ability of the United States to 
act as trustee for the Pueblo (consistent with this 
Act), any other pueblo or Indian Tribe, or an allot-
tee of any other pueblo or Indian Tribe; 
(4) confers jurisdiction on any State court— 
(A) to interpret Federal law relating to 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or any other party under Federal law re-
lating to health, safety, or the environment; 
(C) to conduct judicial review of any Fed-
eral agency action; or 
(D) to interpret Pueblo law; or 
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(5) waives any claim of a member of Ohkay 
Owingeh in an individual capacity that does not de-
rive from a right of the Pueblo. 
(f) TOLLING OF CLAIMS.— 
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a claim described in this section shall be tolled for 
the period beginning on the date of enactment of 
this Act and ending on the Enforceability Date. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitation or any 
time-based equitable defense under any other appli-
cable law. 
(g) EXPIRATION.— 
(1) IN GENERAL.—This Act shall expire in any 
case in which the Secretary fails to publish a state-
ment of findings under section 8 by not later than— 
(A) July 1, 2038; or 
(B) such alternative later date as is agreed 
to by Ohkay Owingeh and the Secretary, after 
providing reasonable notice to the State. 
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(2) CONSEQUENCES.—If this Act expires under 
paragraph (1)— 
(A) the waivers and releases under sub-
sections (a) and (b) shall— 
(i) expire; and 
(ii) have no further force or effect; 
(B) the authorization, ratification, con-
firmation, and execution of the Agreement 
under section 4 shall no longer be effective; 
(C) any action carried out by the Sec-
retary, and any contract or agreement entered 
into, pursuant to this Act shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this Act, together with 
any interest earned on those funds, and any 
water rights or contracts to use water and title 
to other property acquired or constructed with 
Federal funds appropriated or made available 
to carry out the activities authorized by this Act 
shall be returned to the Federal Government, 
unless otherwise agreed to by Ohkay Owingeh 
and the United States and approved by Con-
gress; and 
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(E) except for Federal funds used to ac-
quire or construct property that is returned to 
the Federal Government under subparagraph 
(D), the United States shall be entitled to offset 
any Federal funds made available to carry out 
this Act that were expended or withdrawn, or 
any funds made available to carry out this Act 
from other Federal authorized sources, together 
with any interest accrued on those funds, 
against any claims against the United States— 
(i) relating to— 
(I) water rights in the State as-
serted by— 
(aa) Ohkay Owingeh; or 
(bb) any user of the Pueblo 
Water Rights; or 
(II) any other matter covered by 
subsection (b); or 
(ii) in any future settlement of water 
rights of Ohkay Owingeh. 
SEC. 10. SATISFACTION OF CLAIMS. 
The benefits provided under this Act shall be in com-
plete replacement of, complete substitution for, and full 
satisfaction of any claim of Ohkay Owingeh against the 
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United States that is waived and released by Ohkay 
Owingeh pursuant to section 9(b). 
SEC. 11. MISCELLANEOUS PROVISIONS. 
(a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE 
UNITED STATES.—Nothing in this Act waives the sov-
ereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this Act quantifies or diminishes any land or 
water right, or any claim or entitlement to land or water, 
of an Indian Tribe, band, pueblo, or community other than 
Ohkay Owingeh. 
(c) EFFECT ON CURRENT LAW.—Nothing in this Act 
affects any provision of law (including regulations) in ef-
fect on the day before the date of enactment of this Act 
with respect to pre-enforcement review of any Federal en-
vironmental enforcement action. 
(d) CONFLICT.—In the event of a conflict between 
the Agreement and this Act, this Act shall control. 
(e) HOLD HARMLESS.—For any bosque restoration 
or improvement project carried out by the Pueblo with 
funds appropriated under this Act, the Pueblo shall hold 
and save the United States free from damages due to the 
construction or operation and maintenance of the project. 
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SEC. 12. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
Act, including any obligation or activity under the Agree-
ment, if adequate appropriations are not provided ex-
pressly by Congress to carry out the purposes of this Act. 
Æ 
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