I 
118TH CONGRESS 
2D SESSION 
H. R. 8685 
To approve the settlement of water rights claims of Ohkay Owingeh in 
the Rio Chama Stream System, to restore the Bosque on Pueblo Land 
in the State of New Mexico, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2024 
Ms. LEGER FERNANDEZ introduced the following bill; which was referred to 
the Committee on Natural Resources 
A BILL 
To approve the settlement of water rights claims of Ohkay 
Owingeh in the Rio Chama Stream System, to restore 
the Bosque on Pueblo Land in the State of New Mexico, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Ohkay Owingeh Rio Chama Water Rights Settlement Act 
of 2024’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
Sec. 4. Ratification of Agreement. 
Sec. 5. Pueblo Water Rights. 
Sec. 6. Settlement Trust Fund. 
Sec. 7. Funding. 
Sec. 8. Enforceability Date. 
Sec. 9. Waivers and releases of claims. 
Sec. 10. Satisfaction of claims. 
Sec. 11. Miscellaneous provisions. 
Sec. 12. Antideficiency. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of all claims to water rights in the Rio Chama 
Stream System in the State for— 
(A) Ohkay Owingeh; and 
(B) the United States, acting as trustee 
for Ohkay Owingeh; 
(2) to authorize, ratify, and confirm the Agree-
ment entered into by Ohkay Owingeh, the State, and 
various other parties to the extent that the Agree-
ment is consistent with this Act; 
(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 Act; and 
(4) to authorize funds necessary for the imple-
mentation of the Agreement and this Act. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADJUDICATION.—The term ‘‘Adjudication’’ 
means the general stream adjudication of water 
rights in the Rio Chama Stream System entitled 
‘‘State of New Mexico ex rel. State Engineer v. Ara-
gon’’, Civil No. 69–CV–07941–KWR/KK, pending, 
as of the date of enactment of this Act, in the 
United States District Court for the District of New 
Mexico. 
(2) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means— 
(A) 
the 
document 
entitled 
‘‘Ohkay 
Owingeh Rio Chama Water Rights Settlement’’ 
and dated July 5, 2023, and the exhibits at-
tached thereto; and 
(B) any amendment to the document re-
ferred to in subparagraph (A) (including an 
amendment to an exhibit thereto) that is exe-
cuted to ensure that the Agreement is con-
sistent with this Act. 
(3) BOSQUE.—The term ‘‘bosque’’ means a gal-
lery forest located along the riparian floodplain of a 
stream, riverbank, or lake. 
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(4) CITY OF ESPAN˜OLA.—The term ‘‘City of 
Espan˜ola’’ means a municipal corporation of the 
State. 
(5) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 8. 
(6) OHKAY
OWINGEH; PUEBLO.—The terms 
‘‘Ohkay Owingeh’’ and ‘‘Pueblo’’ mean the body 
politic and federally recognized Indian nation. 
(7) 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 
Court for the District of New Mexico with respect 
to the water rights of Ohkay Owingeh in the Rio 
Chama Stream System— 
(A) that is substantially in the form de-
scribed in the Agreement, as amended to ensure 
consistency with this Act; and 
(B) from which no further appeal may be 
taken. 
(8) 
PUEBLO
GRANT.—The 
term 
‘‘Pueblo 
Grant’’ means the land recognized and confirmed by 
the Federal patent issued to Ohkay Owingeh (then 
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known as the ‘‘Pueblo of San Juan’’) under the Act 
of December 22, 1858 (11 Stat. 374, chapter V). 
(9) PUEBLO LAND.—The term ‘‘Pueblo Land’’ 
means any real property that is— 
(A) held by the United States in trust for 
Ohkay Owingeh within the Rio Chama Stream 
System; 
(B) owned by the Pueblo within the Rio 
Chama Stream System before the Enforce-
ability Date; or 
(C) acquired by the Pueblo within the Rio 
Chama Stream System on or after the Enforce-
ability Date if the real property is located— 
(i) within the exterior boundaries of 
the Pueblo Grant; or 
(ii) within the exterior boundaries of 
any territory set aside for the Pueblo by 
law, Executive order, or court decree. 
(10) PUEBLO
WATER
RIGHTS.—The term 
‘‘Pueblo Water Rights’’ means the water rights of 
Ohkay Owingeh in the Rio Chama Stream System— 
(A) as identified in the Agreement and sec-
tion 5; and 
(B) as confirmed in the Partial Final 
Judgment and Decree. 
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(11) RIO CHAMA STREAM SYSTEM.—The term 
‘‘Rio Chama Stream System’’ means the Rio Chama 
surface water drainage basin within the State, as il-
lustrated in Exhibit A to the Agreement. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(13) SIGNATORY ACEQUIA.—The term ‘‘Signa-
tory Acequia’’ means an acequia that is a signatory 
to the Agreement. 
(14) STATE.—The term ‘‘State’’ means the 
State of New Mexico. 
(15) TRUST FUND.—The term ‘‘Trust Fund’’ 
means the Ohkay Owingeh Water Rights Settlement 
Trust Fund established under section 6(a). 
SEC. 4. RATIFICATION OF AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
Act, and to the extent that the Agreement does not 
conflict with this Act, the Agreement is authorized, 
ratified, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Agreement, or to any exhibit to the Agreement re-
quiring the signature of the Secretary, is executed in 
accordance with this Act to make the Agreement 
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consistent with this Act, the amendment is author-
ized, ratified, and confirmed. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent the Agreement 
does not conflict with this Act, the Secretary shall 
execute the Agreement, including all exhibits thereto 
or parts of the Agreement requiring the signature of 
the Secretary. 
(2) MODIFICATIONS.—Nothing in this Act pro-
hibits the Secretary, after execution of the Agree-
ment, from approving any modification to the Agree-
ment, including an exhibit to the Agreement, that is 
consistent with this Act, to the extent that the modi-
fication does not otherwise require congressional ap-
proval under section 2116 of the Revised Statutes 
(25 U.S.C. 177) or any other applicable provision of 
Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Agree-
ment and this Act, the Secretary shall comply 
with— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
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(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 AND COORDINATION.— 
(A) IN
GENERAL.—In implementing the 
Agreement and this Act, the Pueblo 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— 
(i) independently evaluate the docu-
mentation required under subparagraph 
(A); and 
(ii) be responsible for the accuracy, 
scope, and contents of that documentation. 
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(C) COORDINATION WITH ARMY CORPS OF 
ENGINEERS.—For any bosque restoration or 
improvement project carried out by the Pueblo 
with funds appropriated under this Act, the 
Pueblo shall coordinate with the Corps of Engi-
neers to ensure that work on the project shall 
not interfere with or adversely affect any au-
thorized Federal project that is under the juris-
diction and authority of the Corps of Engineers. 
(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 and coordination activi-
ties under this subsection shall be paid from funds 
deposited in the Trust Fund, subject to the condi-
tion that any costs associated with the performance 
of Federal approval or other review of that compli-
ance work or costs associated with inherently Fed-
eral functions shall remain the responsibility of the 
Secretary, with the exception that costs for review of 
bosque restoration or improvement projects by the 
Corps of Engineers described in paragraph (2)(C) 
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shall be paid from funds deposited in the Trust 
Fund. 
SEC. 5. 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 Ohkay Owingeh in ac-
cordance with the Agreement and this Act. 
(b) FORFEITURE AND ABANDONMENT.— 
(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 Ohkay Owingeh, 
or by the United States on behalf of Ohkay 
Owingeh, after the date for inclusion in the Partial 
Final Judgment and Decree, shall not be subject to 
forfeiture, abandonment, 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 Act. 
(d) AUTHORITY OF THE PUEBLO.— 
(1) IN GENERAL.—Ohkay Owingeh may allo-
cate, distribute, and lease the Pueblo Water Rights 
for use on Pueblo Land in accordance with the 
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Agreement, this Act, and applicable Federal law, in-
cluding the Act of August 9, 1955 (25 U.S.C. 415 
et seq.) (commonly known as the ‘‘Long-Term Leas-
ing Act’’). 
(2) USE OFF PUEBLO LAND.— 
(A) IN
GENERAL.—Ohkay Owingeh may 
allocate, distribute, and lease the Pueblo Water 
Rights for use off Pueblo Land in accordance 
with the Agreement, this Act, and applicable 
Federal law, subject to the approval of the Sec-
retary. 
(B) MAXIMUM
TERM
OF
LEASES.—The 
maximum term of any lease, including all re-
newals, under this paragraph shall not exceed 
99 years. 
(e) ADMINISTRATION.— 
(1) NO
ALIENATION.—The Pueblo 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 Act for 
the allocation, distribution, leasing, or other ar-
rangement entered into pursuant to this Act shall be 
considered to satisfy any requirement for authoriza-
tion of the action required by Federal law. 
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(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. 6. SETTLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund, to be known as the ‘‘Ohkay Owingeh Water 
Rights 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 Treasury, consisting of the amounts deposited in 
the Trust Fund under subsection (b), together with any 
investment earnings, including interest, earned on those 
amounts for the purpose of carrying out this Act. 
(b) DEPOSITS.—The Secretary shall deposit in the 
Trust Fund the amounts made available pursuant to sec-
tion 7(a). 
(c) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
funds into the Trust Fund under subsection (b), the 
Secretary shall manage, invest, and distribute all 
amounts in the Trust Fund in a manner that is con-
sistent with the investment authority of the Sec-
retary under— 
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(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 amounts deposited into the Trust Fund under 
subsection (b), any investment earnings, including 
interest, earned on those amounts held in the Trust 
Fund are authorized to be used in accordance with 
subsections (e) and (g). 
(d) AVAILABILITY OF AMOUNTS.— 
(1) IN
GENERAL.—Amounts appropriated to, 
and deposited in, the Trust Fund, including any in-
vestment earnings (including interest) earned on 
those amounts, shall be made available to Ohkay 
Owingeh 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 Ohkay 
Owingeh pursuant to paragraph (2). 
(2) USE
OF
FUNDS.—-Notwithstanding para-
graph (1), not more than $100,000,000 of the 
amounts deposited in the Trust Fund, including any 
investment earnings, including interest, earned on 
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those amounts, shall be available to Ohkay Owingeh 
for the following uses on the date on which the 
amounts are deposited in the Trust Fund: 
(A) Diversions of surface water and 
groundwater to the Rio Chama bosque for im-
mediate and essential restoration and mainte-
nance of the bosque. 
(B) Fulfillment of the contribution of the 
Pueblo under the Agreement for improvements 
to senior acequias on Pueblo Land supplying 
water to the Pueblo and non-Indians. 
(C) Establishment and operation of the 
water rights management administrative de-
partment of the Pueblo. 
(D) Acquisition of water rights. 
(E) Development of water infrastructure 
plans, preparing environmental compliance doc-
uments, and water project engineering and con-
struction. 
(e) WITHDRAWALS.— 
(1) WITHDRAWALS UNDER THE AMERICAN IN-
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 
1994.— 
(A) IN GENERAL.—The Pueblo may with-
draw any portion of the amounts in the Trust 
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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 subparagraph (A) shall require that 
the Pueblo shall spend all amounts withdrawn 
from the Trust Fund, and any investment earn-
ings (including interest) earned on those 
amounts through the investments under the 
Tribal management plan, in accordance with 
this Act. 
(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 
under 
subparagraph 
(A) 
to 
ensure 
that 
amounts withdrawn by the Pueblo from the 
Trust Fund under that subparagraph are used 
in accordance with this Act. 
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(2) 
WITHDRAWALS
UNDER
EXPENDITURE 
PLAN.— 
(A) IN
GENERAL.—Ohkay Owingeh may 
submit to the Secretary a request to withdraw 
funds from the Trust Fund pursuant to an ap-
proved expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw amounts under an expenditure plan 
under subparagraph (A), the Pueblo shall sub-
mit to the Secretary an expenditure plan for 
any portion of the Trust Fund the Pueblo elects 
to withdraw pursuant to that subparagraph, 
subject to the condition that the amounts shall 
be used for the purposes described in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under subparagraph (A) shall include a descrip-
tion of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Trust Fund will be used by Ohkay Owingeh, in 
accordance with this subsection and subsection 
(g). 
(D) APPROVAL.—The Secretary shall ap-
prove an expenditure plan submitted under sub-
paragraph (A) if the Secretary determines that 
the plan— 
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(i) is reasonable; and 
(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(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 Act. 
(f) EFFECT OF SECTION.—Nothing in this section 
gives Ohkay Owingeh the right to judicial review of a de-
termination of the Secretary relating to whether to ap-
prove a Tribal management plan under paragraph (1) of 
subsection (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’’). 
(g) USES.—The Trust Fund may only be used 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 supply or wastewater infra-
structure. 
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(2) Planning, permitting, designing, engineer-
ing, constructing, reconstructing, replacing, rehabili-
tating, operating, or repairing water production, 
treatment, or delivery infrastructure, acquisition of 
water, or on-farm improvements for irrigation, live-
stock, and support of agriculture. 
(3) Planning, permitting, designing, engineer-
ing, constructing, reconstructing, replacing, rehabili-
tating, operating, monitoring or other measures for 
watershed and endangered species habitat protec-
tion, bosque restoration or improvement (including 
any required cost shares for and allowable contribu-
tions to a Federal project or program), land and 
water rights acquisition, water-related Pueblo com-
munity welfare and economic development, and costs 
relating to implementation of the Agreement. 
(4) The management and administration of any 
water rights of the Pueblo. 
(5) 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 the Trust Fund 
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by the Pueblo under paragraph (1) or (2) of subsection 
(e). 
(i) EXPENDITURE REPORTS.—Ohkay Owingeh shall 
annually submit to the Secretary an expenditure report 
describing 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 
the Trust Fund shall be distributed on a per capita basis 
to any member of Ohkay Owingeh. 
(k) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Trust Fund shall remain in Ohkay Owingeh, ex-
cept that title to projects that are improved with funds 
from the Trust Fund for the mutual benefit of the Pueblo 
and non-Indians, on property owned by non-Indians, shall 
remain with the underlying non-Indian owner. 
(l) OPERATION, MAINTENANCE, 
AND
REPLACE-
MENT.—All operation, maintenance, and replacement 
costs of any project constructed using funds from the 
Trust Fund shall be the responsibility of Ohkay Owingeh. 
SEC. 7. FUNDING. 
(a) MANDATORY
APPROPRIATIONS.—Out of any 
funds in the Treasury not otherwise appropriated, the Sec-
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retary of the Treasury shall transfer to the Secretary for 
deposit in the Trust Fund $745,000,000, to remain avail-
able 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. 
(4) PERIOD OF INDEXING.—The period of in-
dexing adjustment under this subsection for any in-
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crement of funding shall start on June 1, 2023, and 
end on the date on which the funds are deposited in 
the Trust Fund. 
(c) STATE COST SHARE.—Pursuant to the Agree-
ment, the State shall contribute— 
(1) $98,500,000, as adjusted for inflation pur-
suant to the Agreement, for Signatory Acequias 
ditch improvements, projects, and other purposes de-
scribed in the Agreement; 
(2) $32,000,000, as adjusted for inflation pur-
suant to the Agreement, for the City of Espan˜ola for 
water system improvement projects; and 
(3) $500,000, to be deposited in an interest- 
bearing account, to mitigate impairment to non- 
Pueblo domestic and livestock groundwater rights as 
a result of new Pueblo water use. 
SEC. 8. 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; 
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(6) the waivers and releases under section 9 
have been executed by Ohkay Owingeh and the Sec-
retary. 
SEC. 9. WAIVERS AND RELEASES OF CLAIMS. 
(a) WAIVERS AND RELEASES OF CLAIMS BY OHKAY 
OWINGEH AND UNITED STATES AS TRUSTEE FOR OHKAY 
OWINGEH.—Subject to the reservation of rights and re-
tention of claims under subsection (d), as consideration 
for recognition of the Pueblo Water Rights and other ben-
efits described in the Agreement and this Act, Ohkay 
Owingeh and the United States, acting as trustee for 
Ohkay Owingeh, shall execute a waiver and release of all 
claims for— 
(1) water rights within the Rio Chama Stream 
System that Ohkay Owingeh, or the United States 
acting as trustee for Ohkay Owingeh, 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 Act; 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 
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Rio Chama Stream System that accrued at any time 
up to and including the Enforceability Date. 
(b) WAIVERS AND RELEASES OF CLAIMS BY OHKAY 
OWINGEH AGAINST THE UNITED STATES.—Subject to the 
reservation of rights and retention of claims under sub-
section (d), Ohkay Owingeh shall execute a waiver and re-
lease of all claims against the United States (including any 
agency or employee of the United States) for water rights 
within the Rio Chama Stream System first arising before 
the Enforceability Date relating to— 
(1) water rights within the Rio Chama Stream 
System that the United States, acting as trustee for 
Ohkay Owingeh, 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 Act; 
(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 Rio 
Chama 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 
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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 Rio Chama Stream 
System; 
(4) failure to establish or provide a municipal, 
rural, or industrial water delivery system on Pueblo 
Land within the Rio Chama 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 and facili-
ties (including damages, losses, or injuries to fish 
habitat, wildlife, and wildlife habitat) within the Rio 
Chama Stream System; 
(6) failure to provide for operation, mainte-
nance, or deferred maintenance for any irrigation 
system or irrigation project within the Rio Chama 
Stream System; 
(7) failure to provide a dam safety improvement 
to a dam on Pueblo Land within the Rio Chama 
Stream System; 
(8) damage, loss, or injury to the bosque area 
of the Rio Chama due to the construction, operation, 
and maintenance of Abiquiu Dam and its associated 
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infrastructure and resulting Rio Chama flow man-
agement; 
(9) the litigation of claims relating to any water 
right of Ohkay Owingeh within the Rio Chama 
Stream System; 
(10) the taking of the bosque property of the 
Pueblo within the Pueblo Grant on the Rio Chama 
and Rio Grande as asserted in Ohkay Owingeh v. 
United States, No. 22–1607L (Court of Federal 
Claims); 
(11) failure of the United States to acknowl-
edge and protect aboriginal rights to water in the 
Rio Chama Stream System; 
(12) the failure of the United States to develop 
the irrigation water resources in the Rio Chama 
Stream System on the Pueblo Grant, including fail-
ure to— 
(A) construct and deliver water through 
the Highline Canal; 
(B) make improvements to the Chamita 
Ditch; and 
(C) repurchase arable land unlawfully ob-
tained by non-Indians; 
(13) the failure of the United States to prevent 
or remedy non-Indians’ trespass on or seizure of ar-
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able Pueblo lands in the Rio Chama Stream System 
on the Pueblo Grant; and 
(14) the negotiation, execution, or adoption of 
the Agreement (including exhibits) and this Act. 
(c) EFFECTIVE DATE.—The waivers and releases de-
scribed in subsections (a) and (b) shall take effect on the 
Enforceability Date. 
(d) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases under 
subsections (a) and (b), the Pueblo and the United States, 
acting as trustee for Ohkay Owingeh, shall retain all 
claims relating to— 
(1) the enforcement of, or claims accruing after 
the Enforceability Date relating to, water rights rec-
ognized under the Agreement, this Act, or the Par-
tial Final Judgment and Decree entered in the Ad-
judication; 
(2) activities affecting the quality of water, in-
cluding claims under— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), including claims 
for damages to natural resources; 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
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(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(3) the right to use and protect water rights ac-
quired after the date of enactment of this Act; 
(4) damage, loss, or injury to land or natural 
resources that is not due to loss of water or water 
rights, including hunting, fishing, gathering, or cul-
tural rights; 
(5) all rights, remedies, privileges, immunities, 
and powers not specifically waived and released pur-
suant to this Act or the Agreement; and 
(6) loss of water or water rights in locations 
outside of the Rio Chama Stream System. 
(e) EFFECT OF AGREEMENT AND ACT.—Nothing in 
the Agreement or this Act— 
(1) reduces or extends the sovereignty (includ-
ing civil and criminal jurisdiction) of any govern-
ment entity; 
(2) affects the ability of the United States, as 
sovereign, to carry out any activity authorized by 
law, including— 
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(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(D) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); and 
(E) any regulations implementing the Acts 
described in subparagraphs (A) though (D); 
(3) affects the ability of the United States to 
act as trustee for the Pueblo (consistent with this 
Act), any other pueblo or Indian Tribe, or an allot-
tee of any other pueblo or Indian Tribe; 
(4) confers jurisdiction on any State court— 
(A) to interpret Federal law relating to 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or any other party under Federal law re-
lating to health, safety, or the environment; 
(C) to conduct judicial review of any Fed-
eral agency action; or 
(D) to interpret Pueblo law; or 
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(5) waives any claim of a member of Ohkay 
Owingeh in an individual capacity that does not de-
rive from a right of the Pueblo. 
(f) TOLLING OF CLAIMS.— 
(1) IN
GENERAL.—Each applicable period of 
limitation and time-based equitable defense relating 
to a claim described in this section shall be tolled for 
the period beginning on the date of enactment of 
this Act and ending on the Enforceability Date. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection revives any claim or tolls any period of 
limitation or time-based equitable defense that ex-
pired before the date of enactment of this Act. 
(3) LIMITATION.—Nothing in this section pre-
cludes the tolling of any period of limitation or any 
time-based equitable defense under any other appli-
cable law. 
(g) EXPIRATION.— 
(1) IN GENERAL.—This Act shall expire in any 
case in which the Secretary fails to publish a state-
ment of findings under section 8 by not later than— 
(A) July 1, 2038; or 
(B) such alternative later date as is agreed 
to by Ohkay Owingeh and the Secretary, after 
providing reasonable notice to the State. 
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(2) CONSEQUENCES.—If this Act expires under 
paragraph (1)— 
(A) the waivers and releases under sub-
sections (a) and (b) shall— 
(i) expire; and 
(ii) have no further force or effect; 
(B) the authorization, ratification, con-
firmation, and execution of the Agreement 
under section 4 shall no longer be effective; 
(C) any action carried out by the Sec-
retary, and any contract or agreement entered 
into, pursuant to this Act shall be void; 
(D) any unexpended Federal funds appro-
priated or made available to carry out the ac-
tivities authorized by this Act, together with 
any interest earned on those funds, and any 
water rights or contracts to use water and title 
to other property acquired or constructed with 
Federal funds appropriated or made available 
to carry out the activities authorized by this Act 
shall be returned to the Federal Government, 
unless otherwise agreed to by Ohkay Owingeh 
and the United States and approved by Con-
gress; and 
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(E) except for Federal funds used to ac-
quire or construct property that is returned to 
the Federal Government under subparagraph 
(D), the United States shall be entitled to offset 
any Federal funds made available to carry out 
this Act that were expended or withdrawn, or 
any funds made available to carry out this Act 
from other Federal authorized sources, together 
with any interest accrued on those funds, 
against any claims against the United States— 
(i) relating to— 
(I) water rights in the State as-
serted by— 
(aa) Ohkay Owingeh; or 
(bb) any user of the Pueblo 
Water Rights; or 
(II) any other matter covered by 
subsection (b); or 
(ii) in any future settlement of water 
rights of Ohkay Owingeh. 
SEC. 10. SATISFACTION OF CLAIMS. 
The benefits provided under this Act shall be in com-
plete replacement of, complete substitution for, and full 
satisfaction of any claim of Ohkay Owingeh against the 
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United States that is waived and released by Ohkay 
Owingeh pursuant to section 9(b). 
SEC. 11. MISCELLANEOUS PROVISIONS. 
(a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE 
UNITED STATES.—Nothing in this Act waives the sov-
ereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this Act quantifies or diminishes any land or 
water right, or any claim or entitlement to land or water, 
of an Indian Tribe, band, pueblo, or community other than 
Ohkay Owingeh. 
(c) EFFECT ON CURRENT LAW.—Nothing in this Act 
affects any provision of law (including regulations) in ef-
fect on the day before the date of enactment of this Act 
with respect to pre-enforcement review of any Federal en-
vironmental enforcement action. 
(d) CONFLICT.—In the event of a conflict between 
the Agreement and this Act, this Act shall control. 
(e) HOLD HARMLESS.—For any bosque restoration 
or improvement project carried out by the Pueblo with 
funds appropriated under this Act, the Pueblo shall hold 
and save the United States free from damages due to the 
construction or operation and maintenance of the project. 
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SEC. 12. ANTIDEFICIENCY. 
The United States shall not be liable for any failure 
to carry out any obligation or activity authorized by this 
Act, including any obligation or activity under the Agree-
ment, if adequate appropriations are not provided ex-
pressly by Congress to carry out the purposes of this Act. 
Æ 
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