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 
Act. 
(h) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from a Pueblo Trust 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-
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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. 7. FUNDING. 
(a) MANDATORY
APPROPRIATION.—Out of any 
money in the Treasury not otherwise appropriated, the 
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 6(a) 
$290,000,000, to remain available until expended, 
withdrawn, or reverted to the general fund of the 
Treasury; and 
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(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withdrawn, or reverted to the general fund of the 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-
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. 
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(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. 
SEC. 8. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.— 
(1) WAIVERS
AND
RELEASES
OF
CLAIMS
BY 
PUEBLOS
AND
UNITED
STATES
AS
TRUSTEE
FOR 
PUEBLOS.—Subject to the reservation of rights and 
retention of claims under subsection (c), as consider-
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ation for recognition of the Pueblo Water Right and 
other benefits described in the Agreement and this 
Act, the Pueblos and the United States, acting as 
trustee for the Pueblos, shall execute a waiver and 
release of all claims for— 
(A) water rights within the Jemez River 
Stream System that the Pueblos, or the United 
States acting as trustee for the Pueblos, as-
serted or could have asserted in any proceeding, 
including the Adjudication, on or before the En-
forceability Date, except to the extent that such 
a right is recognized in the Agreement and this 
Act; and 
(B) damages, losses, or injuries to water 
rights or claims of interference with, diversion 
of, or taking of water (including claims for in-
jury to land resulting from such damages, 
losses, injuries, interference, diversion, or tak-
ing) in the Jemez River Stream System against 
any party to a settlement, including the mem-
bers and parciantes of signatory acequias, that 
accrued at any time up to and including the 
Enforceability Date. 
(2) WAIVERS
AND
RELEASES
OF
CLAIMS
BY 
PUEBLOS AGAINST UNITED STATES.—Subject to the 
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reservation of rights and retention of claims under 
subsection (c), each Pueblo shall execute a waiver 
and release of all claims against the United States 
(including any agency or employee of the United 
States) for water rights within the Jemez River 
Stream System first arising before the Enforce-
ability Date relating to— 
(A) 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 Right under this Act; 
(B) 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; 
(C) 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, di-
version of, or taking of water, or claims relating 
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(I) the negotiation, execution, or adoption 
of the Agreement (including exhibits or appen-
dices) and this Act. 
(b) EFFECTIVE DATE.—The waivers and releases de-
scribed in subsection (a) shall take effect on the Enforce-
ability Date. 
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases under 
subsection (a), 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 relating to, any final 
court decree or this Act; 
(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.) (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 Act or the Agreement; and 
(6) loss of water or water rights in locations 
outside of the Jemez River Stream System. 
(d) 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.) (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 
Act), any other Pueblo or Indian Tribe, or an allot-
tee of any other 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 
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(5) waives any claim of a member of a Pueblo 
in an individual capacity that does not derive from 
a right of the Pueblos. 
(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 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. 
(f) 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 10 by not later 
than— 
(A) July 1, 2030; or 
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(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 Act expires under 
paragraph (1)— 
(A) the waivers and releases under sub-
section (a) 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 the Pueblos and 
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the United States and approved by Congress; 
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 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) the Pueblos; or 
(bb) any user of the Pueblo 
Water Right; or 
(II) any other matter covered by 
subsection (a)(2); or 
(ii) in any future settlement of water 
rights of the Pueblos. 
SEC. 9. SATISFACTION OF CLAIMS. 
The benefits provided under this Act shall be in com-
plete replacement of, complete substitution for, and full 
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satisfaction of any claim of the Pueblos against the United 
States that are waived and released by the Pueblos pursu-
ant to section 8(a). 
SEC. 10. 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 Act, the Agreement has been amended to 
conform with this Act; 
(2) the Agreement, as amended, includes the 
waivers and releases of claims set forth in section 8, 
and has been executed by all parties to the Agree-
ment, 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 7 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 
7(c)(2) into appropriate funding accounts; 
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(B) provided the funding under section 
7(c)(1) or entered into a funding agreement 
with the intended beneficiaries for that funding; 
and 
(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; and 
(6) the waivers and releases under section 8(a) 
have been executed by the Pueblos and the Sec-
retary. 
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, or community other than the 
Pueblos. 
(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. 
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(d) CONFLICT.—In the event of a conflict between 
the Agreement and this Act, this Act shall control. 
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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