Title: Pueblos of Acoma and Laguna Water Rights Settlement Act of 2022
Policy area: Native Americans

Summary:
Pueblos of Acoma and Laguna Water Rights Settlement Act of 2022
This bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the Pueblo of Acoma, the Pueblo of Laguna, the United States, New Mexico, and others, thus satisfying claims to water rights in the Rio San Jose Stream System in New Mexico. Additionally, the bill establishes and provides funding for three trust funds.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4898 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4898

  To approve the settlement of water rights claims of the Pueblos of 
Acoma and Laguna in the Rio San Jose Stream System in the State of New 
                    Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2022

 Mr. Heinrich introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To approve the settlement of water rights claims of the Pueblos of 
Acoma and Laguna in the Rio San Jose Stream System in the State of New 
                    Mexico, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Pueblos of Acoma 
and Laguna Water Rights Settlement Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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 funds.
Sec. 7. Funding.
Sec. 8. Enforceability Date.
Sec. 9. Waivers and releases of claims.
Sec. 10. Claims.
Sec. 11. Consent of United States to jurisdiction for appeals from a 
                            Pueblo Water Right permit decision.
Sec. 12. Miscellaneous provisions.
Sec. 13. Antideficiency.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        all issues and controversies concerning claims to water rights 
        in the general stream adjudication of the Rio San Jose Stream 
        System captioned ``State of New Mexico, ex rel. State Engineer 
        v. Kerr-McGee, et al.'', No. D-1333-CV-1983-00190 and No. D-
        1333-CV-1983-00220 (consolidated), pending in the Thirteenth 
        Judicial District Court for the State of New Mexico, for--
                    (A) the Pueblo of Acoma;
                    (B) the Pueblo of Laguna; and
                    (C) the United States, acting as trustee for the 
                Pueblos of Acoma and Laguna;
            (2) to authorize, ratify, and confirm the agreement entered 
        into by the Pueblos, the State, and various other parties to 
        the Agreement, to the extent that the Agreement 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 implementation of 
        the Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Acequia.--The term ``Acequia'' means each of the 
        Bluewater Toltec Irrigation District, La Acequia Madre del Ojo 
        del Gallo, Moquino Water Users Association II, Murray Acres 
        Irrigation Association, San Mateo Irrigation Association, 
        Seboyeta Community Irrigation Association, Cubero Acequia 
        Association, Cebolletita Acequia Association, and Community 
        Ditch of San Jose de la Cienega.
            (2) Adjudication.--The term ``Adjudication'' means the 
        general adjudication of water rights entitled ``State of New 
        Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No. D-
        1333-CV-1983-00190 and No. D-1333-CV-1983-00220 (consolidated) 
        pending, as of the date of enactment of this Act, in the Decree 
        Court.
            (3) Agreement.--The term ``Agreement'' means--
                    (A) the document entitled ``Rio San Jose Stream 
                System Water Rights Local Settlement Agreement Among 
                the Pueblo of Acoma, the Pueblo of Laguna, the Navajo 
                Nation, the State of New Mexico, the City of Grants, 
                the Village of Milan, the Association of Community 
                Ditches of the Rio San Jose and Nine Individual 
                Acequias and Community Ditches'' and dated May 13, 
                2022, and the attachments thereto; and
                    (B) any amendment to the document referred to in 
                subparagraph (A) (including an amendment to an 
                attachment thereto) that is executed to ensure that the 
                Agreement is consistent with this Act.
            (4) Decree court.--The term ``Decree Court'' means the 
        Thirteenth Judicial District Court of the State of New Mexico.
            (5) Enforceability date.--The term ``Enforceability Date'' 
        means the date described in section 8.
            (6) 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 Decree Court 
        with respect to the water rights of the Pueblos--
                    (A) that is substantially in the form described in 
                article 14.7.2 of the Agreement, as amended to ensure 
                consistency with this Act; and
                    (B) from which no further appeal may be taken.
            (7) Pueblo.--The term ``Pueblo'' means either of--
                    (A) the Pueblo of Acoma; or
                    (B) the Pueblo of Laguna.
            (8) Pueblo land.--
                    (A) In general.--The term ``Pueblo Land'' means any 
                real property--
                            (i) in the Rio San Jose Stream System that 
                        is held by the United States in trust for 
                        either Pueblo, or owned by either Pueblo, as of 
                        the Enforceability Date;
                            (ii) in the Rio Salado Basin that is held 
                        by the United States in trust for the Pueblo of 
                        Acoma, or owned by the Pueblo of Acoma, as of 
                        the Enforceability Date; or
                            (iii) in the Rio Puerco Basin that is held 
                        by the United States in trust for the Pueblo of 
                        Laguna, or owned by the Pueblo of Laguna, as of 
                        the Enforceability Date.
                    (B) Inclusions.--The term ``Pueblo Land'' includes 
                land placed in trust with the United States subsequent 
                to the Enforceability Date for either Pueblo in the Rio 
                San Jose Stream System, for the Pueblo of Acoma in the 
                Rio Salado Basin, or for the Pueblo of Laguna in the 
                Rio Puerco Basin.
            (9) Pueblo trust fund.--The term ``Pueblo Trust Fund'' 
        means--
                    (A) the Pueblo of Acoma Settlement Trust Fund 
                established by section 6(a);
                    (B) the Pueblo of Laguna Settlement Trust Fund 
                established by that section; and
                    (C) the Acomita Reservoir Works Trust Fund 
                established by that section.
            (10) Pueblo water rights.--The term ``Pueblo Water Rights'' 
        means--
                    (A) the respective water rights of the Pueblos in 
                the Rio San Jose Stream System--
                            (i) as identified in the Agreement and 
                        section 5 of this Act; and
                            (ii) as confirmed in the Partial Final 
                        Judgment and Decree;
                    (B) the water rights of the Pueblo of Acoma in the 
                Rio Salado Basin; and
                    (C) the water rights of the Pueblo of Laguna in the 
                Rio Puerco Basin, as identified in the Agreement and 
                section 5 of this Act.
            (11) Pueblos.--The term ``Pueblos'' means--
                    (A) the Pueblo of Acoma; and
                    (B) the Pueblo of Laguna.
            (12) Rio puerco basin.--The term ``Rio Puerco Basin'' means 
        the area defined by the United States Geological Survey 
        Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) and 
        13020205 (Arroyo Chico subbasin), including the hydrologically 
        connected groundwater.
            (13) Rio san jose stream system.--The term ``Rio San Jose 
        Stream System'' means the geographic extent of the area 
        involved in the Adjudication pursuant to the description filed 
        in the Decree Court on November 21, 1986.
            (14) Rio salado basin.--The term ``Rio Salado Basin'' means 
        the area defined by the United States Geological Survey 
        Hydrologic Unit Code (HUC) 13020209 (Rio Salado subbasin), 
        including the hydrologically connected groundwater.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (16) Signatory acequia.--The term ``Signatory Acequia'' 
        means an acequia that is a signatory to the Agreement.
            (17) State.--The term ``State'' means the State of New 
        Mexico and all officers, agents, departments, and political 
        subdivisions of the State of New Mexico.

SEC. 4. RATIFICATION OF AGREEMENT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act and to the 
        extent the Agreement does not conflict with this Act, the 
        Agreement is authorized, ratified, and confirmed.
            (2) Amendments.--If an amendment to the Agreement or any 
        attachment to the Agreement requiring the signature of the 
        Secretary is executed in accordance with this Act to make the 
        Agreement consistent with this Act, the amendment is 
        authorized, 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 attachments to or parts of the 
        Agreement requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act prohibits the 
        Secretary, after execution of the Agreement, from approving any 
        modification to the Agreement, including an attachment to the 
        Agreement, that is consistent with this Act, to the extent that 
        the modification does not otherwise require congressional 
        approval 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 Agreement and this 
        Act, 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 environmental laws 
                and regulations.
            (2) Compliance.--
                    (A) In general.--In implementing the Agreement and 
                this Act, the Pueblos shall prepare 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.), including the 
                        implementing regulations of that Act; and
                            (iii) all other applicable Federal 
                        environmental laws and regulations.
                    (B) Authorizations.--The Secretary shall--
                            (i) independently evaluate the 
                        documentation 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 performance of 
        the compliance activities under subsection (c) 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. 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 the 
Pueblos in accordance 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, forfeiture, abandonment, or 
        other operation of law.
            (2) State-law based water rights.--Pursuant to the 
        Agreement, 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, 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 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 Act, and 
        applicable Federal 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 Act, and 
        applicable Federal law, subject to the approval of the 
        Secretary.
    (e) Administration.--
            (1) No alienation.--The Pueblos shall not permanently 
        alienate any portion of the Pueblo Water Rights.
            (2) Purchases or grants of land from indians.--An 
        authorization provided by this Act for the allocation, 
        distribution, leasing, or other arrangement entered into 
        pursuant to this Act shall be considered to satisfy any 
        requirement for authorization 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. 6. SETTLEMENT TRUST FUNDS.

    (a) Establishment.--The Secretary shall establish 2 trust funds, to 
be known as the ``Pueblo of Acoma Settlement Trust Fund'' and the 
``Pueblo of Laguna Settlement Trust Fund'', and a trust fund for the 
benefit of both Pueblos to be known as the ``Acomita Reservoir Works 
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 Pueblo Trust Funds under subsection (c), together with any 
investment earnings, including interest, earned on those amounts, for 
the purpose of carrying out this Act.
    (b) Accounts.--
            (1) Pueblo of acoma settlement trust fund.--The Secretary 
        shall establish in the Pueblo of Acoma Settlement Trust Fund 
        the following accounts:
                    (A) The Water Rights Settlement Account.
                    (B) The Water Infrastructure Operations and 
                Maintenance Account.
                    (C) The Feasibility Studies Settlement Account.
            (2) Pueblo of laguna settlement trust fund.--The Secretary 
        shall establish in the Pueblo of Laguna Settlement Trust Fund 
        the following accounts:
                    (A) The Water Rights Settlement Account.
                    (B) The Water Infrastructure Operations and 
                Maintenance Account.
                    (C) The Feasibility Studies Settlement Account.
    (c) Deposits.--The Secretary shall deposit in each Pueblo Trust 
Fund the amounts made available pursuant to section 7(a).
    (d) Management and Interest.--
            (1) Management.--On receipt and deposit of funds into the 
        Pueblo Trust Funds under subsection (c), the Secretary shall 
        manage, invest, and distribute all amounts in the Pueblo Trust 
        Funds in a manner that is consistent with the investment 
        authority 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 Management 
                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 (c), any investment 
        earnings, including interest, earned on those amounts held in 
        each Pueblo Trust Fund are authorized to be used in accordance 
        with subsections (f) and (h).
    (e) Availability of Amounts.--
            (1) In general.--Amounts appropriated to, and deposited in, 
        each Pueblo Trust Fund, including any investment earnings 
        (including interest) earned on those amounts, shall be made 
        available to the Pueblo or Pueblos by the Secretary beginning 
        on the Enforceability Date, subject to the requirements of this 
        section, except for those funds to be made available to the 
        Pueblos pursuant to paragraph (2).
            (2) Use of funds.--Notwithstanding paragraph (1)--
                    (A) amounts deposited in the Feasibility Studies 
                Settlement Account of each Pueblo Trust Fund, including 
                any investment earnings, including interest, earned on 
                those amounts shall be available to the Pueblo on the 
                date on which the amounts are deposited for uses 
                described in subsection (h)(3), and in accordance with 
                the Agreement;
                    (B) amounts deposited in the Acomita Reservoir 
                Works Trust Fund, including any investment earnings, 
                including interest, earned on those amounts shall be 
                available to the Pueblos on the date on which the 
                amounts are deposited for uses described in subsection 
                (h)(4), and in accordance with the Agreement; and
                    (C) up to $15,000,000 from the Water Rights 
                Settlement Account for each Pueblo shall be available 
                for installing, on Pueblo Lands, groundwater wells to 
                meet immediate domestic, commercial, municipal and 
                industrial water needs, and associated environmental, 
                cultural, and historical compliance.
    (f) Withdrawals.--
            (1) Withdrawals under the american indian trust fund 
        management reform act of 1994.--
                    (A) In general.--Each Pueblo may withdraw any 
                portion of the amounts in its respective Settlement 
                Trust Fund on approval by the Secretary of a Tribal 
                management plan submitted by each 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 investments under the Tribal 
                management plan, in accordance with this Act.
                    (C) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce the Tribal 
                management plan under this paragraph to ensure that 
                amounts withdrawn by each Pueblo from the Pueblo Trust 
                Funds under subparagraph (A) are used in accordance 
                with this Act.
            (2) Withdrawals under expenditure plan.--
                    (A) In general.--Each Pueblo may submit to the 
                Secretary a request to withdraw funds from the Pueblo 
                Trust Fund of the Pueblo pursuant to an approved 
                expenditure plan.
                    (B) Requirements.--To be eligible to withdraw 
                amounts under an expenditure plan under subparagraph 
                (A), the appropriate Pueblo shall submit to the 
                Secretary an expenditure plan for any portion of the 
                Pueblo Trust Fund that 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 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, 
                in accordance with this subsection and subsection (h).
                    (D) Approval.--The Secretary shall approve an 
                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 Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan to ensure that amounts disbursed under this 
                paragraph are used in accordance with this Act.
            (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 expenditure 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 
                        pursuant to this subparagraph, subject to the 
                        condition that the amounts shall be used for 
                        the purposes described in subsection (h)(4).
                            (ii) Written resolution.--Each request to 
                        withdraw amounts under a joint expenditure plan 
                        submitted under clause (i) shall be accompanied 
                        by a written resolution 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 description 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 subsection 
                (h)(4).
                    (D) Approval.--The Secretary shall approve 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 Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce a joint 
                expenditure plan to ensure that amounts disbursed under 
                this paragraph are used in accordance with this Act.
    (g) Effect of Section.--Nothing in this section gives the Pueblos 
the right to judicial review of a determination of the Secretary 
relating to whether to approve a Tribal management plan under paragraph 
(1) of subsection (f) or an expenditure plan under paragraph (2) or (3) 
of that subsection, except under subchapter II of chapter 5, of title 
5, United States Code, 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 supply.
                    (B) Planning, permitting, designing, engineering, 
                constructing, reconstructing, replacing, 
                rehabilitating, operating, or repairing water 
                production, treatment, or delivery infrastructure, 
                including for domestic and municipal use, on-farm 
                improvements, or wastewater infrastructure.
                    (C) Pueblo Water Rights management and 
                administration.
                    (D) Watershed protection and enhancement, support 
                of agriculture, water-related Pueblo community welfare 
                and economic development, and costs relating to 
                implementation of the Agreement.
                    (E) Environmental compliance in the development and 
                construction of infrastructure under this Act.
            (2) Water infrastructure operations and maintenance trust 
        account.--The Water Infrastructure Operations and Maintenance 
        Account for each Pueblo may only be used to pay costs for 
        operation and maintenance of water infrastructure to serve 
        Pueblo domestic, commercial, municipal, and industrial water 
        uses from any water source.
            (3) Feasibility studies settlement account.--The 
        Feasibility Studies Settlement Account 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 may only be used for planning, 
        permitting, designing, engineering, constructing, 
        reconstructing, replacing, rehabilitating, maintaining, or 
        repairing Acomita reservoir, its dam, inlet works, outlet 
        works, and the North Acomita Ditch from the Acomita Reservoir 
        outlet on the Pueblo of Acoma through its terminus on the 
        Pueblo of Laguna.
    (i) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment 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 annually submit to the 
Secretary an expenditure report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management plan or an 
expenditure plan under paragraph (1), (2), or (3) of subsection (f), as 
applicable.
    (k) No Per Capita Distributions.--No portion of the Pueblo Trust 
Funds shall be distributed on a per capita 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 appropriate Pueblo or Pueblos.
    (m) Operation, Maintenance, and Replacement.--All operation, 
maintenance, and replacement costs of any project constructed using 
funds from the Pueblo Trust Funds shall be the responsibility of the 
appropriate Pueblo or Pueblos.

SEC. 7. 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 the following accounts:
            (1) Pueblo of acoma settlement trust fund.--
                    (A) The water rights settlement account.--
                $296,000,000, to remain available until expended, 
                withdrawn, or reverted to the general fund of the 
                Treasury.
                    (B) The water infrastructure operations and 
                maintenance account.--$14,000,000, to remain available 
                until expended, withdrawn, or reverted to the general 
                fund of the Treasury.
                    (C) The feasibility studies settlement account.--
                $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 account.--
                $464,000,000, to remain available until expended, 
                withdrawn, or reverted to the general fund of the 
                Treasury.
                    (B) The water infrastructure operations and 
                maintenance account.--$26,000,000, to remain available 
                until expended, withdrawn, or reverted to the general 
                fund of the Treasury.
                    (C) The feasibility studies settlement account.--
                $3,250,000, to remain available until expended, 
                withdrawn, or reverted to the general fund of the 
                Treasury.
            (3) Acomita reservoir works trust fund.--$45,000,000, to 
        remain available until expended, withdrawn, or reverted to the 
        general fund of the Treasury.
    (b) Fluctuations 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 indicated 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 necessary to account for unforeseen 
        market volatility that may not otherwise be captured by 
        engineering cost indices, as determined by the Secretary, 
        including 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 subsequent amount 
        appropriated until the applicable amount, as adjusted, has been 
        appropriated.
            (4) Period of indexing.--The period of indexing and 
        adjustment under this subsection for any increment of funding 
        shall start on October 1, 2021, and shall end on the date on 
        which funds are deposited in the applicable Pueblo Trust Fund.
    (c) State Cost Share.--Pursuant to the Agreement, the State shall 
contribute--
            (1) $24,000,000, as adjusted for inflation pursuant 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 Association of Community Ditches of the 
        Rio San Jose; and
            (3) $500,000, as adjusted for inflation pursuant to the 
        Agreement, to mitigate impairment to non-Pueblo domestic and 
        livestock groundwater rights as a result of new Pueblo water 
        use.

SEC. 8. ENFORCEABILITY DATE.

    (a) In General.--The Enforceability Date shall be the date on which 
the Secretary publishes in the Federal Register a statement 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, including the waivers and 
        releases of claims set forth in section 9, has been executed by 
        all parties to the Agreement, including the United States;
            (3) all of the amounts appropriated under section 7 have 
        been appropriated and deposited in the designated accounts of 
        the Pueblo Trust Fund;
            (4) the State has enacted legislation to amend State law to 
        provide that a Pueblo Water Right may be leased for a term not 
        to exceed 99 years, including renewals;
            (5) the State has provided--
                    (A) the funding under section 7(c)(3) into 
                appropriate funding accounts; and
                    (B) the funding under paragraphs (1) and (2) of 
                section 7(c) into appropriate funding accounts or 
                entered into funding agreements with the intended 
                beneficiaries for funding under those paragraphs of 
                that section; and
            (6) the Decree Court has approved the Agreement and has 
        entered a Partial Final Judgment and Decree.
    (b) Expiration.--
            (1) In general.--This Act shall expire in any case in which 
        the Secretary fails to publish a statement of findings under 
        subsection (a) 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 providing 
                reasonable notice to the State.
            (2) Consequences.--If this Act expires under paragraph 
        (1)--
                    (A) the waivers and releases under subsections (a) 
                and (b) of section 9 shall--
                            (i) expire; and
                            (ii) have no further force or effect;
                    (B) the authorization, ratification, confirmation, 
                and execution of the Agreement under section 4 shall no 
                longer be effective;
                    (C) any action carried out by the Secretary, and 
                any contract or agreement entered into, pursuant to 
                this Act shall be void;
                    (D) any unexpended Federal funds appropriated or 
                made available to carry out the activities 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 the United States and 
                approved by Congress; and
                    (E) except for Federal funds used to acquire 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 
                                asserted by the Pueblos or any user of 
                                the Pueblo Water Rights; or
                                    (II) any other matter covered by 
                                section 9(a)(2); or
                            (ii) in any future settlement of water 
                        rights of the Pueblos.

SEC. 9. WAIVERS AND RELEASES OF CLAIMS.

    (a) Waivers and Releases of Claims by Pueblos and the 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 Act, 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 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, interference 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 Pueblos Against United 
States.--Subject to the reservation 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 employee 
of the United States) first arising before the Enforceability 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 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 San Jose 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 Rio San Jose Stream System;
            (4) a failure to provide operation, maintenance, or 
        deferred maintenance for any irrigation system or irrigation 
        project within the Rio San Jose Stream System;
            (5) a failure to establish or provide a municipal, rural, 
        or industrial water delivery system on Pueblo Land within the 
        Rio San Jose Stream System;
            (6) damage, loss, or injury to water, water rights, land, 
        or natural resources due to construction, operation, and 
        management of irrigation projects on Pueblo Land (including 
        damages, losses, or injuries to fish habitat, wildlife, and 
        wildlife habitat) within the Rio San Jose Stream System;
            (7) a failure to provide a dam safety improvement 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 Act.
    (c) Effective Date.--The waivers and releases described 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--
            (1) all claims relating to--
                    (A) the enforcement of, or claims accruing after 
                the Enforceability Date relating to water rights 
                recognized under, the Agreement, this Act, or the 
                Partial Final Judgment and Decree entered in the 
                Adjudication;
                    (B) activities affecting the quality of water and 
                the environment, including claims under--
                            (i) the Comprehensive Environmental 
                        Response, Compensation and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.), including claims 
                        for damages to natural resources;
                            (ii) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.) (commonly referred 
                        to as the ``Clean Water Act''); and
                            (iv) any regulations implementing the Acts 
                        described in clauses (i) through (iii);
                    (C) the right to use and protect water rights 
                acquired after the date of enactment of this Act;
                    (D) 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 
                cultural rights;
                    (E) 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;
                    (F) all claims relating to the Jackpile-Paguate 
                Uranium Mine in the State that are not due to loss of 
                water or water rights; and
                    (G) all rights, remedies, privileges, immunities, 
                and powers and claims not specifically waived and 
                released pursuant to this Act or the Agreement.
    (e) Effect of Agreement and Act.--Nothing in the Agreement or this 
Act--
            (1) reduces or extends the sovereignty (including civil and 
        criminal jurisdiction) of any government entity, except as 
        provided in section 11;
            (2) affects the ability of the United States, as a 
        sovereign, to carry out any activity authorized by law, 
        including--
                    (A) the Comprehensive Environmental Response, 
                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 referred 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) through (D);
            (3) affects the ability of the United States to act as 
        trustee for any other pueblo or Indian Tribe, or an allottee 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 regarding health, 
                safety, or the environment; or
                    (C) to conduct judicial review of any Federal 
                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 limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitation or any time-based equitable 
        defense under any other applicable law.

SEC. 10. CLAIMS.

     The benefits provided under this Act shall be in complete 
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 pursuant to section 9(b).

SEC. 11. CONSENT OF UNITED STATES TO JURISDICTION FOR APPEALS FROM A 
              PUEBLO WATER RIGHT PERMIT DECISION.

    (a) Consent.--On the Enforceability Date, the consent 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 Judicial District of the State of New Mexico, and in the New 
Mexico Court of Appeals and the New Mexico Supreme Court on appeal 
therefrom in the same manner as provided under New Mexico law, over an 
action filed in such District Court by any party to a Pueblo Water 
Rights Permit administrative proceeding under article 11.4 of the 
Agreement for the limited and sole purpose of an appeal from the Pueblo 
Water Right Permit decision under article 11.5 of the Agreement.
    (b) Limitation.--The consent of the United States under this Act 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 determining 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 this 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 Pueblo Water Law 
        provisions that meet the requirements of article 11 of the 
        Agreement shall be given full 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 provisions of Pueblo law that are not 
        express provisions of the Pueblo Water Code, the State court 
        shall certify the question of interpretation to the Pueblo 
        court.
            (3) No certification.--Any issues of interpretation of 
        standards in article 11.6 of the Agreement 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. 12. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity by the United States.--Nothing in 
this Act waives the sovereign 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 effect on the day before 
the date of enactment of this Act with respect to pre-enforcement 
review of any Federal environmental enforcement action.
    (d) Conflict.--In the event of a conflict between the Agreement and 
this Act, this Act shall control.

SEC. 13. 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 Agreement, if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act.
                                 <all>