Pueblos of Acoma and Laguna Water Rights Settlement Act of 2022

Bill: 117-s-4898
Sponsor: full_name: Sen. Heinrich, Martin [D-NM]
Introduced: 2022-09-20
Policy area: Native Americans
Subjects: Federal-Indian relations

Government trust funds

Indian claims

Indian lands and resources rights

New Mexico

Water quality

Water use and supply
Latest action: action_date: 2022-11-16
text: Committee on Indian Affairs. Hearings held.

Summaries:
action_date: 2022-09-20
action_desc: Introduced in Senate
text: <p><strong>Pueblos of Acoma and Laguna Water Rights Settlement Act of 2022</strong></p> <p>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.</p>

tv_txt: II 117th CONGRESS 2d Session S. 4898 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 José Stream System in the State of New Mexico, and for other purposes.

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. 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 José 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. 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 José 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 José 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 José 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 José 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 José 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 José 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 José Stream System The term Rio San José 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. 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. 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. 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. 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 José, 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 José; 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. 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. 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 José 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 José 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 José 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 José 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 José Stream System; (4) a failure to provide operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Rio San José Stream System; (5) a failure to establish or provide a municipal, rural, or industrial water delivery system on Pueblo Land within the Rio San José 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 José Stream System; (7) a failure to provide a dam safety improvement to a dam on Pueblo Land within the Rio San José Stream System; (8) the litigation of claims relating to any water right of the Pueblos within the Rio San José 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 José 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. 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). 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. 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. 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.