(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.— 
Nothing in this Act affects the outcome of any analysis 
conducted by the Secretary or any other Federal official 
under 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 a 
total of $106,400,000 between fiscal years 2010 and 
2022. 
(2) PRIORITY OF FUNDING.—Of the amounts 
authorized under paragraph (1), the Secretary shall 
give priority to funding— 
(A) the construction of the San Ildefonso 
portion of the Regional Water System, con-
sisting of— 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
(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 
(B) that part of the Regional Water Sys-
tem providing 475 acre-feet to Pojoaque Pueblo 
pursuant to section 2.2 of the Settlement 
Agreement. 
(3) ADJUSTMENT.—The amount authorized 
under paragraph (1) shall be adjusted annually to 
account for increases in construction costs since Oc-
tober 1, 2006, as determined using applicable engi-
neering cost indices. 
(4) LIMITATIONS.— 
(A) IN GENERAL.—No amounts shall be 
made available under paragraph (1) for the 
construction of the Regional Water System 
until the date on which the United States Dis-
trict Court for the District of New Mexico 
issues an order approving the Settlement Agree-
ment. 
(B) RECORD OF DECISION.—No amounts 
made available under paragraph (1) shall be ex-
pended unless the record of decision issued by 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
the Secretary after completion of an environ-
mental impact statement provides for a pre-
ferred alternative that is in substantial compli-
ance with the proposed Regional Water System, 
as defined in the Engineering Report. 
(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 ac-
quisition is completed by December 31, 2010; and 
(2) the amount authorized under paragraph (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 
appropriated 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 rehabilita-
tion, improvement, operation, maintenance, and 
replacement of the agricultural delivery facili-
ties, waste water systems, and other water-re-
lated infrastructure of the applicable Pueblo. 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
The amount authorized herein shall be adjusted 
according to the CPI Urban Index commencing 
October 1, 2006. 
(B) $37,500,000, which shall be allocated 
to an account, to be established not later than 
January 1, 2016, to assist the Pueblos in pay-
ing the Pueblos’ share of the cost of operating, 
maintaining, 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 develop-
ment. 
(2) OPERATION, MAINTENANCE, AND REPLACE-
MENT COSTS.— 
(A) IN GENERAL.—Prior to conveyance of 
the Regional Water System pursuant to section 
101, the Secretary shall pay any operation, 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
maintenance or replacement costs associated 
with the Pueblo Water Facilities or the Re-
gional Water System up to an amount that does 
not exceed $5,000,000, which is authorized to 
be appropriated to the Secretary. 
(B) OBLIGATION OF THE FEDERAL GOV-
ERNMENT
AFTER
COMPLETION.—Except as 
provided in section 103(a)(4)(B), after con-
struction of the Regional Water System is com-
pleted and the amounts required to be deposited 
in the account have been deposited under this 
section the Federal Government shall have no 
obligation to pay for the operation, mainte-
nance, and replacement costs of the Regional 
Water System. 
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 Agree-
ment and the Cost-Sharing and System Integration Agree-
ment (including any amendments to the Settlement Agree-
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
ment and the Cost-Sharing and System Integration Agree-
ment that are executed to make the Settlement Agreement 
or the Cost-Sharing and System Integration Agreement 
consistent with this Act) are authorized, ratified, and con-
firmed. 
(b) EXECUTION.—To the extent the Settlement 
Agreement and the Cost-Sharing and System Integration 
Agreement do not conflict with this Act, the Secretary 
shall execute the Settlement Agreement and the Cost- 
Sharing and System Integration Agreement (including 
any amendments that are necessary to make the Settle-
ment Agreement or the Cost-Sharing and System Integra-
tion 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 Settlement Agreement for use within the 
Pojoaque Basin in accordance with the other limita-
tions of section 2.1.5 of the Settlement Agreement 
provided that section 2.1.5 is amended accordingly. 
(2) EXECUTION.—The Secretary shall not exe-
cute the Settlement Agreement until such amend-
ment is accomplished under paragraph (1). 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
(3) APPROVAL
BY
SECRETARY.—Consistent 
with the Settlement Agreement as amended under 
paragraph (1), the Secretary shall approve or dis-
approve a lease entered into under paragraph (1). 
(4) PROHIBITION
ON
PERMANENT
ALIEN-
ATION.—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 alien-
ation of any portion of the water rights made avail-
able to the Pueblos under the Settlement Agreement. 
(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 sup-
plied from the Nambe Falls Dam and Reservoir in accord-
ance with the Settlement Agreement. 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
SEC. 202. ENVIRONMENTAL COMPLIANCE. 
(a) EFFECT
OF
EXECUTION
OF
SETTLEMENT 
AGREEMENT.—The execution of the Settlement Agree-
ment 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— 
(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— 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
(A) to the extent that the Settlement 
Agreement conflicts with this title, the Settle-
ment 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 the exception of subsection (a)(1) of that 
section, by December 15, 2016; 
(D) the State has enacted any necessary 
legislation and provided any funding that may 
be required under the Settlement Agreement; 
(E) a partial final decree that sets forth 
the water rights and other rights to water to 
which the Pueblos are entitled under the Settle-
ment Agreement and this title and that sub-
stantially conforms to the Settlement Agree-
ment has been approved by the United States 
District Court for the District of New Mexico; 
and 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
(F) 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 prece-
dent described in subsection (a)(2) have not been fulfilled 
by September 15, 2017— 
(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-
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS
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. 
VerDate Nov 24 2008 
07:47 Jul 25, 2009
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3342.IH
H3342
cprice-sewell on DSK89S0YB1PROD with BILLS