(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 Agree-
ment shall become enforceable as of the date that the 
United States District Court for the District of New Mex-
ico enters a partial final decree pursuant to subsection 
(a)(2)(E) and an Interim Administrative Order consistent 
with the Settlement Agreement. 
(d) EFFECTIVENESS OF WAIVERS.—The waivers and 
releases executed pursuant to section 204 shall become ef-
fective as of the date that the Secretary publishes the no-
tice 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 pro-
visions in section 101(d) concerning the extent, size, 
and capacity of the County Distribution System, the 
Regional Water System shall be determined to be
substantially 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 Secretary 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 Regional Water System have been met or will 
be met by June 30, 2024. 
(3) 
WRITTEN
DETERMINATION
BY
SEC-
RETARY.—Not earlier than June 30, 2021, at the 
request of 1 or more of the Pueblos and after the 
consultation required by paragraph (2), the Sec-
retary 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; 
(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 sec-
tions 701 through 706 of title 5, United States 
Code. 
(B) FAILURE
TO
MAKE
TIMELY
DETER-
MINATION.— 
(i) IN
GENERAL.—If a Pueblo re-
quests a written determination under para-
graph (3) and the Secretary fails to make 
such a written determination by the date 
described in clause (ii), there shall be a re-
buttable presumption that the failure con-
stitutes agency action unlawfully withheld 
or unreasonably 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 Sec-
retary of the request by the Pueblo; 
and 
(II) June 30, 2023. 
(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 notify the Decree Court 
of the determination. 
(B) EFFECT.—The Final Decree shall 
have no force or effect on a finding by the De-
cree Court that a Pueblo, or the United States 
acting on behalf of a Pueblo, has submitted 
proper notification 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; 
(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 
Federal funds shall be returned to the Federal Gov-
ernment, 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 them-
selves 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 ef-
fectiveness date identified in section 203(d), except 
to the extent that such rights are recognized in the 
Settlement Agreement or this Act; 
(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 Pueb-
los, might be able to otherwise assert in any pro-
ceeding not initiated on or before the date of enact-
ment of this title, except to the extent that such 
rights are recognized 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, 
interference with, diversion, or taking) for land with-
in the Pojoaque Basin that accrued at any time up 
to and including the waiver effectiveness date identi-
fied 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 Agree-
ment; 
(6) all pending and future inter se challenges 
against other parties to the Settlement Agreement; 
(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, 
interference with, diversion, or taking of water) at-
tributable to City of Santa Fe pumping of ground-
water that has effects on the ground and surface 
water supplies 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, 
interference with, diversion, or taking of water) at-
tributable to County of Santa Fe pumping of
groundwater that has effects on the ground and sur-
face 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 
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 
resources due to loss of water or water rights (in-
cluding damages, losses or injuries to hunting, fish-
ing, gathering 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 infrastruc-
ture) within the Pojoaque Basin that first accrued
at any time up to and including the waiver effective-
ness date identified in section 203(d); 
(3) all claims against the United States, its 
agencies, or employees for an accounting of funds 
appropriated 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, 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 authorized by the Pueblo Lands Act 
of June 7, 1924 (43 Stat. 636), and the Pueblo 
Lands Act of May 31, 1933 (48 Stat. 108), and for 
breach of Trust relating to funds for water replace-
ment 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 au-
thorized 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 Integra-
tion Agreement, the Final Decree, including the Par-
tial Final Decree, the San Juan-Chama Project con-
tract 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 Par-
ties to the Settlement Agreement for damages, losses 
or injuries to water rights or claims of interference 
with, diversion or taking of water (including claims 
for injury to lands resulting from such damages, 
losses, injuries, interference with, diversion, or tak-
ing of water) within the Pojoaque Basin arising out 
of activities 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 Pol-
lution Control Act (33 U.S.C. 1251 et seq.), and the 
regulations 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 Pueb-
los; 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 Settle-
ment Agreement or this Act— 
(1) affects the ability of the United States act-
ing in its sovereign capacity to take actions author-
ized by law, including any laws relating to health, 
safety, or the environment, including the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.), the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), and the regulations imple-
menting 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 
agency action; 
(e) TOLLING OF CLAIMS.—