(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 title. 
(3) WITHDRAWALS FROM ACOMITA RESERVOIR 
WORKS TRUST FUND.— 
(A) IN GENERAL.—A Pueblo may submit 
to the Secretary a request to withdraw funds 
from the Acomita Reservoir Works Trust Fund 
pursuant to an approved joint expenditure plan. 
(B) REQUIREMENTS.— 
(i) IN
GENERAL.—To be eligible to 
withdraw amounts under a joint expendi-
ture plan under subparagraph (A), the 
Pueblos shall submit to the Secretary a 
joint expenditure plan for any portion of 
the Acomita Reservoir Works Trust Fund 
that the Pueblos elect to withdraw pursu-
ant to this subparagraph, subject to the 
condition that the amounts shall be used 
for the purposes described in subsection 
(h)(4). 
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(ii) WRITTEN RESOLUTION.—Each re-
quest to withdraw amounts under a joint 
expenditure plan submitted under clause 
(i) shall be accompanied by a written reso-
lution from the Tribal councils of both 
Pueblos approving the requested use and 
disbursement of funds. 
(C) INCLUSIONS.—A joint expenditure 
plan under this paragraph shall include a de-
scription of the manner and purpose for which 
the amounts proposed to be withdrawn from the 
Acomita Reservoir Works Trust Fund will be 
used by the Pueblo or Pueblos to whom the 
funds will be disbursed, in accordance with sub-
section (h)(4). 
(D) APPROVAL.—The Secretary shall ap-
prove a joint expenditure plan submitted under 
subparagraph (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 title. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
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essary to enforce a joint expenditure plan to en-
sure that amounts disbursed under this para-
graph are used in accordance with this title. 
(g) 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 (f) or an expenditure plan under paragraph (2) 
or (3) 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’’). 
(h) USES.— 
(1) WATER RIGHTS SETTLEMENT ACCOUNT.— 
The Water Rights Settlement Account for each 
Pueblo may only be used for the following purposes: 
(A) Acquiring water rights or water sup-
ply. 
(B) Planning, permitting, designing, engi-
neering, constructing, reconstructing, replacing, 
rehabilitating, operating, or repairing water 
production, treatment, or delivery infrastruc-
ture, including for domestic and municipal use, 
on-farm improvements, or wastewater infra-
structure. 
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(C) Pueblo Water Rights management and 
administration. 
(D) Watershed protection and enhance-
ment, support of agriculture, water-related 
Pueblo community welfare and economic devel-
opment, and costs relating to implementation of 
the Agreement. 
(E) Environmental compliance in the de-
velopment and construction of infrastructure 
under this title. 
(2) WATER INFRASTRUCTURE OPERATIONS AND 
MAINTENANCE TRUST ACCOUNT.—The Water Infra-
structure Operations and Maintenance Account for 
each Pueblo may only be used to pay costs for oper-
ation and maintenance of water infrastructure to 
serve Pueblo domestic, commercial, municipal, and 
industrial water uses from any water source. 
(3) FEASIBILITY
STUDIES
SETTLEMENT
AC-
COUNT.—The Feasibility Studies Settlement Ac-
count for each Pueblo may only be used to pay costs 
for feasibility studies of water supply infrastructure 
to serve Pueblo domestic, commercial, municipal, 
and industrial water uses from any water source. 
(4) 
ACOMITA
RESERVOIR
WORKS
TRUST 
FUND.—The Acomita Reservoir Works Trust Fund 
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may only be used for planning, permitting, design-
ing, engineering, constructing, reconstructing, re-
placing, rehabilitating, maintaining, or repairing 
Acomita reservoir, its dam, inlet works, outlet works, 
and the North Acomita Ditch from the Acomita Res-
ervoir outlet on the Pueblo of Acoma through its ter-
minus on the Pueblo of Laguna. 
(i) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Pueblo 
Trust Funds by a Pueblo under paragraph (1), (2), or 
(3) of subsection (f). 
(j) EXPENDITURE REPORTS.—Each Pueblo shall an-
nually submit to the Secretary an expenditure report de-
scribing accomplishments and amounts spent from use of 
withdrawals under a Tribal management plan or an ex-
penditure plan under paragraph (1), (2), or (3) of sub-
section (f), as applicable. 
(k) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Pueblo Trust Funds shall be distributed on a per cap-
ita basis to any member of a Pueblo. 
(l) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Pueblo Trust Funds shall remain in the appro-
priate Pueblo or Pueblos. 
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(m) OPERATION, MAINTENANCE, AND REPLACE-
MENT.—All operation, maintenance, and replacement 
costs of any project constructed using funds from the 
Pueblo Trust Funds shall be the responsibility of the ap-
propriate Pueblo or Pueblos. 
SEC. 106. FUNDING. 
(a) MANDATORY
APPROPRIATIONS.—Out of any 
money in the Treasury not otherwise appropriated, the 
Secretary of the Treasury shall transfer to the Secretary 
the following amounts for deposit in the following ac-
counts: 
(1) PUEBLO
OF
ACOMA
SETTLEMENT
TRUST 
FUND.— 
(A) THE WATER RIGHTS SETTLEMENT AC-
COUNT.—For deposit in the Water Rights Set-
tlement Account established under section 
105(b)(1)(A), $296,000,000, to remain avail-
able until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
(B) THE WATER INFRASTRUCTURE OPER-
ATIONS AND MAINTENANCE ACCOUNT.—For de-
posit in the Water Infrastructure Operations 
and Maintenance Account established under 
section 105(b)(1)(B), $14,000,000, to remain 
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available until expended, withdrawn, or reverted 
to the general fund of the Treasury. 
(C) THE
FEASIBILITY
STUDIES
SETTLE-
MENT ACCOUNT.—For deposit in the Feasibility 
Studies Settlement Account established under 
section 105(b)(1)(C), $1,750,000, to remain 
available until expended, withdrawn, or reverted 
to the general fund of the Treasury. 
(2) PUEBLO OF LAGUNA SETTLEMENT TRUST 
FUND.— 
(A) THE WATER RIGHTS SETTLEMENT AC-
COUNT.—For deposit in the Water Rights Set-
tlement Account established under section 
105(b)(2)(A), $464,000,000, to remain avail-
able until expended, withdrawn, or reverted to 
the general fund of the Treasury. 
(B) THE WATER INFRASTRUCTURE OPER-
ATIONS AND MAINTENANCE ACCOUNT.—For de-
posit in the Water Infrastructure Operations 
and Maintenance Account established under 
section 105(b)(2)(B), $26,000,000, to remain 
available until expended, withdrawn, or reverted 
to the general fund of the Treasury. 
(C) THE
FEASIBILITY
STUDIES
SETTLE-
MENT ACCOUNT.—For deposit in the Feasibility 
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Studies Settlement Account established under 
section 105(b)(2)(C), $3,250,000, to remain 
available until expended, withdrawn, or reverted 
to the general fund of the Treasury. 
(3) 
ACOMITA
RESERVOIR
WORKS
TRUST 
FUND.—For deposit in the Acomita Reservoir Works 
Trust Fund, $45,000,000, to remain available until 
expended, withdrawn, or reverted to the general 
fund of the Treasury. 
(b) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—The amounts appropriated 
under subsection (a) shall be increased or decreased, 
as appropriate, by such amounts as may be justified 
by reason of ordinary fluctuations in costs, as indi-
cated by the Bureau of Reclamation Construction 
Cost Index–Composite Trend. 
(2) CONSTRUCTION COSTS ADJUSTMENT.—The 
amounts appropriated under subsection (a) shall be 
adjusted to address construction cost changes nec-
essary to account for unforeseen market volatility 
that may not otherwise be captured by engineering 
cost indices, as determined by the Secretary, includ-
ing repricing applicable to the types of construction 
and current industry standards involved. 
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(3) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the applicable 
amount, as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.—The period of in-
dexing and adjustment under this subsection for any 
increment of funding shall start on October 1, 2021, 
and end on the date on which funds are deposited 
in the applicable Pueblo Trust Fund. 
(c) STATE COST-SHARE.—Pursuant to the Agree-
ment, the State shall contribute— 
(1) $23,500,000, as adjusted for inflation pur-
suant to the Agreement, for the Joint Grants-Milan 
Project for Water Re-Use, Water Conservation and 
Augmentation of the Rio San Jose´, the Village of 
Milan Projects Fund, and the City of Grants 
Projects Fund; 
(2) $12,000,000, as adjusted for the inflation 
pursuant to the Agreement, for Signatory Acequias 
Projects and Offset Projects Fund for the Associa-
tion of Community Ditches of the Rio San Jose´; and 
(3) $500,000, as adjusted for inflation pursu-
ant to the Agreement, to mitigate impairment to 
non-Pueblo domestic and livestock groundwater 
rights as a result of new Pueblo water use. 
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SEC. 107. ENFORCEABILITY DATE. 
The Enforceability Date shall be the date on which 
the Secretary publishes in the Federal Register a state-
ment of findings that— 
(1) to the extent that the Agreement conflicts 
with this title, the Agreement has been amended to 
conform with this title; 
(2) the Agreement, as amended, has been exe-
cuted by all parties to the Agreement, including the 
United States; 
(3) all of the amounts appropriated under sec-
tion 106 have been appropriated and deposited in 
the designated accounts of the Pueblo Trust Fund; 
(4) the State has— 
(A) provided the funding under section 
106(c)(3) into the appropriate funding ac-
counts; 
(B) provided the funding under paragraphs 
(1) and (2) of section 106(c) into the appro-
priate funding accounts or entered into funding 
agreements with the intended beneficiaries for 
funding under those paragraphs of that section; 
and 
(C) enacted legislation to amend State law 
to provide that a Pueblo Water Right may be 
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leased for a term not to exceed 99 years, in-
cluding renewals; 
(5) the Decree Court has approved the Agree-
ment and has entered a Partial Final Judgment and 
Decree; and 
(6) the waivers and releases under section 108 
have been executed by the Pueblos and the Sec-
retary. 
SEC. 108. WAIVERS AND RELEASES OF CLAIMS. 
(a) WAIVERS AND RELEASES OF CLAIMS BY PUEB-
LOS AND THE UNITED STATES AS TRUSTEE FOR PUEB-
LOS.—Subject to the reservation of rights and retention 
of claims under subsection (d), as consideration for rec-
ognition of the Pueblo Water Rights and other benefits 
described in the Agreement and this title, the Pueblos and 
the United States, acting as trustee for the Pueblos, shall 
execute a waiver and release of all claims for— 
(1) water rights within the Rio San Jose´ 
Stream System that the Pueblos, or the United 
States acting as trustee for the Pueblos, asserted or 
could have asserted in any proceeding, including the 
Adjudication, on or before the Enforceability Date, 
except to the extent that such rights are recognized 
in the Agreement and this title; and 
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(2) damages, losses, or injuries to water rights 
or claims of interference with, diversion of, or taking 
of water rights (including claims for injury to land 
resulting from such damages, losses, injuries, inter-
ference with, diversion, or taking of water rights) in 
waters in the Rio San Jose´ Stream System against 
any party to the Agreement, including the members 
and parciantes of Signatory Acequias, that accrued 
at any time up to and including the Enforceability 
Date. 
(b) WAIVERS AND RELEASES OF CLAIMS BY PUEB-
LOS AGAINST UNITED STATES.—Subject to the reserva-
tion of rights and retention of claims under subsection (d), 
the Pueblos shall execute a waiver and release of all claims 
against the United States (including any agency or em-
ployee of the United States) first arising before the En-
forceability Date relating to— 
(1) water rights within the Rio San Jose´ 
Stream System that the United States, acting as 
trustee for the Pueblos, asserted or could have as-
serted in any proceeding, including the Adjudication, 
except to the extent that such rights are recognized 
as part of the Pueblo Water Rights under this title; 
(2) foregone benefits from non-Pueblo use of 
water, on and off Pueblo Land (including water 
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(7) a failure to provide a dam safety improve-
ment to a dam on Pueblo Land within the Rio San 
Jose´ Stream System; 
(8) the litigation of claims relating to any water 
right of the Pueblos within the Rio San Jose´ Stream 
System; and 
(9) the negotiation, execution, or adoption of 
the Agreement (including attachments) and this 
title. 
(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 Pueblos and the United 
States, acting as trustee for the Pueblos, 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 title, or the Par-
tial Final Judgment and Decree entered in the Ad-
judication; 
(2) activities affecting the quality of water and 
the environment, including claims under— 
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(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.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); 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 claims for water rights, and claims for 
injury to water rights, in basins other than the Rio 
San Jose´ Stream System, subject to Article 8.5 of 
the Agreement with respect to the claims of the 
Pueblo of Laguna for water rights in the Rio Puerco 
Basin and the claims of the Pueblo of Acoma for 
water rights in the Rio Salado Basin; 
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(6) all claims relating to the Jackpile-Paguate 
Uranium Mine in the State that are not due to loss 
of water or water rights; and 
(7) all rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and re-
leased pursuant to this title or the Agreement. 
(e) EFFECT OF AGREEMENT AND TITLE.—Nothing 
in the Agreement or this title— 
(1) reduces or extends the sovereignty (includ-
ing civil and criminal jurisdiction) of any govern-
ment entity, except as provided in section 110; 
(2) affects the ability of the United States, as 
a sovereign, to carry out any activity authorized by 
law, including— 
(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.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); 
(D) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); and 
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(E) any regulations implementing the Acts 
described in subparagraphs (A) through (D); 
(3) affects the ability of the United States to 
act as trustee for the Pueblos (consistent with this 
title), any other pueblo or Indian Tribe, or an Allot-
tee of any 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-
garding health, safety, or the environment; or 
(C) to conduct judicial review of any Fed-
eral agency action; or 
(5) waives any claim of a member of a Pueblo 
in an individual capacity that does not derive from 
a right of the Pueblos. 
(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 
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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 title shall expire in any 
case in which the Secretary fails to publish a state-
ment of findings under section 107 by not later 
than— 
(A) July 1, 2030; or 
(B) such alternative later date as is agreed 
to by the Pueblos and the Secretary, after pro-
viding reasonable notice to the State. 
(2) CONSEQUENCES.—If this title 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 103 shall no longer be effective; 
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(C) any action carried out by the Sec-
retary, and any contract or agreement entered 
into, pursuant to this title shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this title, 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 
title, shall be returned to the Federal Govern-
ment, unless otherwise agreed to by the Pueblos 
and the United States and approved by Con-
gress; and 
(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 title that were expended or withdrawn, or 
any funds made available to carry out this title 
from other Federal authorized sources, together 
with any interest accrued on those funds, 
against any claims against the United States— 
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(i) relating to— 
(I) water rights in the State as-
serted by— 
(aa) the Pueblos; 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 the Pueblos. 
SEC. 109. SATISFACTION OF CLAIMS. 
The benefits provided under this title shall be in com-
plete replacement of, complete substitution for, and full 
satisfaction of any claim of the Pueblos against the United 
States that are waived and released by the Pueblos pursu-
ant to section 108(b). 
SEC. 110. CONSENT OF UNITED STATES TO JURISDICTION 
FOR JUDICIAL REVIEW OF A PUEBLO WATER 
RIGHT PERMIT DECISION. 
(a) CONSENT.—On the Enforceability Date, the con-
sent of the United States is hereby given, with the consent 
of each Pueblo under Article 11.5 of the Agreement, to 
jurisdiction in the District Court for the Thirteenth Judi-
cial District of the State of New Mexico, and in the New 
Mexico Court of Appeals and the New Mexico Supreme 
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Court on appeal therefrom in the same manner as pro-
vided under New Mexico law, over an action filed in such 
District Court by any party to a Pueblo Water Rights Per-
mit administrative proceeding under Article 11.4 of the 
Agreement for the limited and sole purpose of judicial re-
view of a Pueblo Water Right Permit decision under Arti-
cle 11.5 of the Agreement. 
(b) LIMITATION.—The consent of the United States 
under this title is limited to judicial review, based on the 
record developed through the administrative process of the 
Pueblo, under a standard of judicial review limited to de-
termining whether the Pueblo decision on the application 
for Pueblo Water Right Permit— 
(1) is supported by substantial evidence; 
(2) is not arbitrary, capricious, or contrary to 
law; 
(3) is not in accordance with the Agreement or 
the Partial Final Judgment and Decree; or 
(4) shows that the Pueblo acted fraudulently or 
outside the scope of its authority. 
(c) PUEBLO WATER CODE AND INTERPRETATION.— 
(1) IN GENERAL.—Pueblo Water Code or Pueb-
lo Water Law provisions that meet the requirements 
of Article 11 of the Agreement shall be given full 
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faith and credit in any proceeding described in this 
section. 
(2) PROVISIONS
OF
THE
PUEBLO
WATER 
CODE.—To the extent that a State court conducting 
judicial review under this section must interpret pro-
visions of Pueblo law that are not express provisions 
of the Pueblo Water Code, the State court shall cer-
tify the question of interpretation to the Pueblo 
court. 
(3) NO CERTIFICATION.—Any issues of inter-
pretation of standards in Article 11.6 of the Agree-
ment are not subject to certification. 
(4) LIMITATION.—Nothing in this section limits 
the jurisdiction of the Decree Court to interpret and 
enforce the Agreement. 
SEC. 111. MISCELLANEOUS PROVISIONS. 
(a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE 
UNITED STATES.—Nothing in this title waives the sov-
ereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this title quantifies or diminishes any land or 
water right, or any claim or entitlement to land or water, 
of an Indian Tribe, band, or community other than the 
Pueblos. 
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(c) ALLOTTEES
NOT
ADVERSELY
AFFECTED.— 
Nothing in this title quantifies or diminishes any water 
right, or any claim or entitlement to water, of an Allottee. 
(d) EFFECT ON CURRENT LAW.—Nothing in this 
title affects any provision of law (including regulations) 
in effect on the day before the date of enactment of this 
Act with respect to pre-enforcement review of any Federal 
environmental enforcement action. 
(e) CONFLICT.—In the event of a conflict between the 
Agreement and this title, this title shall control. 
SEC. 112. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
title, 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 title. 
TITLE II—PUEBLOS OF JEMEZ 
AND ZIA WATER RIGHTS SET-
TLEMENT 
SEC. 201. PURPOSES. 
The purposes of this title 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— 
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(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 title; 
(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 title; and 
(4) to authorize funds necessary for the imple-
mentation of the Agreement and this title. 
SEC. 202. DEFINITIONS. 
In this title: 
(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-
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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 title. 
(3) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 207. 
(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 
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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 title; 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; 
(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 
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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 
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— 
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(A) the Pueblo of Jemez Settlement Trust 
Fund established under section 205(a); and 
(B) the Pueblo of Zia Settlement Trust 
Fund established under that section. 
(9) PUEBLO WATER RIGHTS.—The term ‘‘Pueb-
lo Water Rights’’ means the respective water rights 
of the Pueblos— 
(A) as identified in the Agreement and sec-
tion 204; 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-
ments, and political subdivisions of the State of New 
Mexico. 
SEC. 203. RATIFICATION OF AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
title and to the extent that the Agreement does not 
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conflict with this title, 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 title to 
make the Agreement consistent with this title, the 
amendment is authorized, ratified, and confirmed. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent the Agreement 
does not conflict with this title, 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 title 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 title, to the extent 
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.— 
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(1) IN GENERAL.—In implementing the Agree-
ment and this title, 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 title, 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-
cluding the implementing regulations of 
that Act; and 
(iii) all other applicable Federal envi-
ronmental laws and regulations. 
(B) 
AUTHORIZATIONS.—The 
Secretary 
shall— 
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(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. 
SEC. 204. PUEBLO WATER RIGHTS. 
(a) TRUST
STATUS
OF
THE
PUEBLO
WATER 
RIGHTS.—The Pueblo Water Rights shall be held in trust 
by the United States on behalf of the Pueblos in accord-
ance with the Agreement and this title. 
(b) FORFEITURE AND ABANDONMENT.— 
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(1) IN GENERAL.—The Pueblo Water Rights 
shall not be subject to loss through non-use, for-
feiture, abandonment, or other operation of law. 
(2) STATE-LAW BASED WATER RIGHTS.—State- 
law based water rights acquired by a Pueblo, or by 
the United States on behalf of a Pueblo, after the 
date for inclusion in the Partial Final Judgment and 
Decree, shall not be subject to forfeiture, abandon-
ment, or permanent alienation from the time they 
are acquired. 
(c) USE.—Any use of the Pueblo Water Rights shall 
be subject to the terms and conditions of the Agreement 
and this title. 
(d) AUTHORITY OF THE PUEBLOS.— 
(1) IN GENERAL.—The Pueblos shall have the 
authority to allocate, distribute, and lease the Pueblo 
Water Rights for use on Pueblo Land in accordance 
with the Agreement, this title, and applicable Fed-
eral law. 
(2) USE OFF PUEBLO LAND.—The Pueblos may 
allocate, distribute, and lease the Pueblo Water 
Rights for use off Pueblo Land in accordance with 
the Agreement, this title, and applicable Federal 
law, subject to the approval of the Secretary. 
(e) ADMINISTRATION.— 
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(1) NO
ALIENATION.—The Pueblos shall not 
permanently alienate any portion of the Pueblo 
Water Rights. 
(2) PURCHASES OR GRANTS OF LAND FROM IN-
DIANS.—An authorization provided by this title for 
the allocation, distribution, leasing, or other ar-
rangement entered into pursuant to this title shall 
be considered to satisfy any requirement for author-
ization of the action required by Federal law. 
(3) PROHIBITION ON FORFEITURE.—The non- 
use of all or any portion of the Pueblo Water Rights 
by any water user shall not result in the forfeiture, 
abandonment, relinquishment, or other loss of all or 
any portion of the Pueblo Water Rights. 
SEC. 205. 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 title. 
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(b) DEPOSITS.—The Secretary shall deposit in each 
Pueblo Trust Fund the amounts made available pursuant 
to section 206(a). 
(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 
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any investment earnings, including interest, earned 
on those amounts, shall be made available to each 
Pueblo by the Secretary beginning on the Enforce-
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.— 
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(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 
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 title. 
(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 
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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 title. 
(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 title. 
(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, 
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in accordance with this subsection and sub-
section (g). 
(D) APPROVAL.—The Secretary shall ap-
prove an expenditure plan submitted under sub-
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 title. 
(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 title. 
(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’’). 
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(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, 
treatment, or delivery infrastructure, including for 
domestic and municipal use, on-farm improvements, 
or wastewater infrastructure. 
(2) Watershed protection and enhancement, 
support of agriculture, water-related Pueblo commu-
nity welfare and economic development, and costs 
related to implementation of the Agreement. 
(3) Planning, permitting, designing, engineer-
ing, construction, reconstructing, replacing, rehabili-
tating, operating, or repairing water production of 
delivery infrastructure of the Augmentation Project, 
as set forth in the Agreement. 
(4) Ensuring environmental compliance in the 
development and construction of projects under this 
title. 
(5) The management and administration of the 
Pueblo Water Rights. 
(h) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
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vestment of any amounts withdrawn from a Pueblo Trust 
Fund by a Pueblo under paragraph (1) or (2) of sub-
section (e). 
(i) EXPENDITURE REPORTS.—Each Pueblo shall an-
nually submit to the Secretary an expenditure report de-
scribing accomplishments and amounts spent from use of 
withdrawals under a Tribal management plan or an ex-
penditure plan under paragraph (1) or (2) of subsection 
(e), as applicable. 
(j) NO PER CAPITA DISTRIBUTIONS.—No portion of 
a Pueblo Trust Fund shall be distributed on a per capita 
basis to any member of a Pueblo. 
(k) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from a Pueblo Trust Fund shall remain in the appropriate 
Pueblo. 
(l) OPERATION, MAINTENANCE, 
AND
REPLACE-
MENT.—All operation, maintenance, and replacement 
costs of any project constructed using funds from a Pueblo 
Trust Fund shall be the responsibility of the appropriate 
Pueblo. 
SEC. 206. FUNDING. 
(a) MANDATORY
APPROPRIATION.—Out of any 
money in the Treasury not otherwise appropriated, the 
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Secretary of the Treasury shall transfer to the Sec-
retary— 
(1) for deposit in the Pueblo of Jemez Settle-
ment Trust Fund established under section 205(a) 
$290,000,000, to remain available until expended, 
withdrawn, or reverted to the general fund of the 
Treasury; and 
(2) for deposit in the Pueblo of Zia Settlement 
Trust 
Fund 
established 
under 
that 
section 
$200,000,000, to remain available until expended, 
withdrawn, or reverted to the general fund of the 
Treasury. 
(b) FLUCTUATION IN COSTS.— 
(1) IN
GENERAL.—The amount appropriated 
under subsection (a) shall be increased or decreased, 
as appropriate, by such amounts as may be justified 
by reason of ordinary fluctuations in costs, as indi-
cated by the Bureau of Reclamation Construction 
Cost Index–Composite Trend. 
(2) CONSTRUCTION COSTS ADJUSTMENT.—The 
amount appropriated under subsection (a) shall be 
adjusted to address construction cost changes nec-
essary to account for unforeseen market volatility 
that may not otherwise be captured by engineering 
cost indices, as determined by the Secretary, includ-
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ing repricing applicable to the types of construction 
and current industry standards involved. 
(3) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the applicable 
amount, as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.—The period of in-
dexing adjustment under this subsection for any in-
crement of funding shall start on October 1, 2021, 
and end on the date on which the funds are depos-
ited in the applicable Pueblo Trust Fund. 
(c) STATE COST SHARE.—The State shall con-
tribute— 
(1) $3,400,000, as adjusted for inflation pursu-
ant to the Agreement, to the San Ysidro Community 
Ditch Association for capital and operating expenses 
of the mutual benefit Augmentation Project; 
(2) $16,159,000, as adjusted for inflation pur-
suant to the Agreement, for Jemez River Basin 
Water Users Coalition acequia ditch improvements; 
and 
(3) $500,000, as adjusted for inflation, to miti-
gate impairment to non-Pueblo domestic and live-
stock groundwater rights as a result of new Pueblo 
water use. 
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SEC. 207. ENFORCEABILITY DATE. 
The Enforceability Date shall be the date on which 
the Secretary publishes in the Federal Register a state-
ment of findings that— 
(1) to the extent that the Agreement conflicts 
with this title, the Agreement has been amended to 
conform with this title; 
(2) the Agreement, as amended, has been exe-
cuted by all parties to the Agreement, including the 
United States; 
(3) the United States District Court for the 
District of New Mexico has approved the Agreement 
and has entered a Partial Final Judgment and De-
cree; 
(4) all of the amounts appropriated under sec-
tion 206 have been appropriated and deposited in 
the designated accounts of the applicable Pueblo 
Trust Fund; 
(5) the State has— 
(A) provided the funding under section 
206(c)(2) into appropriate funding accounts; 
(B) provided the funding under section 
206(c)(1) or entered into a funding agreement 
with the intended beneficiaries for that funding; 
and 
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(C) enacted legislation to amend State law 
to provide that a Pueblo Water Right may be 
leased for a term of not to exceed 99 years, in-
cluding renewals; 
(6) the waivers and releases under section sub-
sections (a) and (b) of section 208 have been exe-
cuted by the Pueblos and the Secretary; and 
(7) the waivers and releases under section 208 
have been executed by the Pueblos and the Sec-
retary. 
SEC. 208. WAIVERS AND RELEASES OF CLAIMS. 
(a) WAIVERS AND RELEASES OF CLAIMS BY PUEB-
LOS AND UNITED STATES AS TRUSTEE FOR PUEBLOS.— 
Subject to the reservation of rights and retention of claims 
under subsection (d), as consideration for recognition of 
the Pueblo Water Rights and other benefits described in 
the Agreement and this title, the Pueblos and the United 
States, acting as trustee for the Pueblos, shall execute a 
waiver and release of all claims for— 
(1) water rights within the Jemez River Stream 
System that the Pueblos, or the United States act-
ing as trustee for the Pueblos, asserted or could 
have asserted in any proceeding, including the Adju-
dication, on or before the Enforceability Date, ex-
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cept to the extent that such a right is recognized in 
the Agreement and this title; and 
(2) damages, losses, or injuries to water rights 
or claims of interference with, diversion of, or taking 
of water rights (including claims for injury to land 
resulting from such damages, losses, injuries, inter-
ference, diversion, or taking of water rights) in the 
Jemez River Stream System against any party to 
the 
Agreement, 
including 
the 
members 
and 
parciantes of signatory acequias, that accrued at any 
time up to and including the Enforceability Date. 
(b) WAIVERS AND RELEASES OF CLAIMS BY PUEB-
LOS AGAINST UNITED STATES.—Subject to the reserva-
tion of rights and retention of claims under subsection (d), 
each Pueblo shall execute a waiver and release of all claims 
against the United States (including any agency or em-
ployee of the United States) for water rights within the 
Jemez River Stream System first arising before the En-
forceability Date relating to— 
(1) water rights within the Jemez River Stream 
System that the United States, acting as trustee for 
the Pueblos, asserted or could have asserted in any 
proceeding, including the Adjudication, except to the 
extent that such rights are recognized as part of the 
Pueblo Water Rights under this title; 
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(2) foregone benefits from non-Pueblo use of 
water, on and off Pueblo Land (including water 
from all sources and for all uses), within the Jemez 
River Stream System; 
(3) damage, loss, or injury to water, water 
rights, land, or natural resources due to loss of 
water or water rights (including damages, losses, or 
injuries to hunting, fishing, gathering, or cultural 
rights due to loss of water or water rights, claims 
relating to interference with, diversion of, or taking 
of water, or claims relating to a failure to protect, 
acquire, replace, or develop water, water rights, or 
water infrastructure) within the Jemez River Stream 
System; 
(4) a failure to establish or provide a municipal, 
rural, or industrial water delivery system on Pueblo 
Land within the Jemez River Stream System; 
(5) damage, loss, or injury to water, water 
rights, land, or natural resources due to construc-
tion, operation, and management of irrigation 
projects on Pueblo Land or Federal land (including 
damages, losses, or injuries to fish habitat, wildlife, 
and wildlife habitat) within the Jemez River Stream 
System; 
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(6) a failure to provide for operation, mainte-
nance, or deferred maintenance for any irrigation 
system or irrigation project within the Jemez River 
Stream System; 
(7) a failure to provide a dam safety improve-
ment to a dam on Pueblo Land within the Jemez 
River Stream System; 
(8) the litigation of claims relating to any water 
right of a Pueblo within the Jemez River Stream 
System; and 
(9) the negotiation, execution, or adoption of 
the Agreement (including exhibits or appendices) 
and this title. 
(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 Pueblos and the United 
States, acting as trustee for the Pueblos, 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 title, or the Par-
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tial Final Judgement and Decree entered into in the 
Adjudication; 
(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.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); 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 title or the Agreement; and 
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(6) loss of water or water rights in locations 
outside of the Jemez River Stream System. 
(e) EFFECT OF AGREEMENT AND TITLE.—Nothing 
in the Agreement or this title— 
(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— 
(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.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); 
(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 Pueblos (consistent with this 
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title), any other pueblo or Indian Tribe, or an allot-
tee of any 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-
garding health, safety, or the environment; 
(C) to conduct judicial review of any Fed-
eral agency action; or 
(D) to interpret Pueblo or Tribal law; or 
(5) waives any claim of a member of a Pueblo 
in an individual capacity that does not derive from 
a right of the Pueblos. 
(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. 
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