119-hr1322

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1322 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1322

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 13, 2025

 Ms. Leger Fernandez (for herself and Ms. Stansbury) introduced the 
 following bill; which was referred to the Committee on Natural 
 Resources

_______________________________________________________________________

 A BILL

 To approve the settlement of water rights claims of the Pueblos of 
 Acoma and Laguna in the Rio San Jose Stream System and the Pueblos of 
 Jemez and Zia in the Rio Jemez 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 ``Rio San Jose and 
Rio Jemez Water Settlements Act of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS SETTLEMENT

Sec. 101. Purposes.

Sec. 102. Definitions.

Sec. 103. Ratification of Agreement.

Sec. 104. Pueblo Water Rights.

Sec. 105. Settlement trust funds.

Sec. 106. Funding.

Sec. 107. Enforceability Date.

Sec. 108. Waivers and releases of claims.

Sec. 109. Satisfaction of claims.

Sec. 110. Consent of United States to jurisdiction for judicial review 
 of a Pueblo Water Right permit decision.

Sec. 111. Miscellaneous provisions.

Sec. 112. Antideficiency.
 TITLE II--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT

Sec. 201. Purposes.

Sec. 202. Definitions.

Sec. 203. Ratification of Agreement.

Sec. 204. Pueblo Water Rights.

Sec. 205. Settlement trust funds.

Sec. 206. Funding.

Sec. 207. Enforceability date.

Sec. 208. Waivers and releases of claims.

Sec. 209. Satisfaction of claims.

Sec. 210. Miscellaneous provisions.

Sec. 211. Antideficiency.

 TITLE I--PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS SETTLEMENT

SEC. 101. PURPOSES.

 The purposes of this title 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-CV1983-00220

    (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 title;

    (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 title; and

    (4) to authorize funds necessary for the implementation of 
 the Agreement and this title.

SEC. 102. DEFINITIONS.

 In this title:

    (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) Acomita reservoir works trust fund.--The term ``Acomita 
 Reservoir Works Trust Fund'' means the Acomita Reservoir Works 
 Trust Fund established under 

section 105

    (a) .

    (3) 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-CV1983-00220

    (consolidated) pending, as of the date of enactment of this Act, in the Decree 
 Court.

    (4) 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 title.

    (5) Allotment.--The term ``Allotment'' means a parcel of 
 land that is--
        (A) located within--
            (i) the Rio Puerco Basin;
            (ii) the Rio San Jose Stream System; or
            (iii) the Rio Salado Basin; and
        (B) held in trust by the United States for the 
 benefit of 1 or more individual Indians.

    (6) Allottee.--The term ``Allottee'' means an individual 
 with a beneficial interest in an Allotment.

    (7) Decree court.--The term ``Decree Court'' means the 
 Thirteenth Judicial District Court of the State of New Mexico.

    (8) Enforceability date.--The term ``Enforceability Date'' 
 means the date described in 

section 107.

    (9) 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 title; and
        (B) from which no further appeal may be taken.

    (10) Pueblo.--The term ``Pueblo'' means either of--
        (A) the Pueblo of Acoma; or
        (B) the Pueblo of Laguna.

    (11) 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.

    (12) Pueblo trust fund.--The term ``Pueblo Trust Fund'' 
 means--
        (A) the Pueblo of Acoma Settlement Trust Fund 
 established under 

section 105

    (a) ;
        (B) the Pueblo of Laguna Settlement Trust Fund 
 established under that section; and
            (C) the Acomita Reservoir Works Trust Fund.

    (13) 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 104; 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 104.

    (14) Pueblos.--The term ``Pueblos'' means--
        (A) the Pueblo of Acoma; and
        (B) the Pueblo of Laguna.

    (15) 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.

    (16) 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.

    (17) 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.

    (18) Secretary.--The term ``Secretary'' means the Secretary 
 of the Interior.

    (19) Signatory acequia.--The term ``Signatory Acequia'' 
 means an acequia that is a signatory to the Agreement.

    (20) 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. 103. RATIFICATION OF AGREEMENT.

    (a) Ratification.--

    (1) In general.--Except as modified by this title and to 
 the extent that the Agreement does not conflict with this 
 title, 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 title to make 
 the Agreement consistent with this title, the amendment is 
 authorized, ratified, and confirmed.

    (b) Execution.--

    (1) In general.--To the extent that the Agreement does not 
 conflict with this title, 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 title 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 title, 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 
 title, 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 title, 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 this subsection 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. 104. 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 title.

    (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 title.
            (d) Allotment Rights Not Included.--The Pueblo Water Rights shall 
not include any water uses or water rights claims on an Allotment.

    (e) 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 title, 
 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 title, and 
 applicable Federal law, subject to the approval of the 
 Secretary.

    (3) Allottee water rights.--The Pueblos shall not object in 
 any general stream adjudication, including the Adjudication, or 
 any other appropriate forum, to the quantification of 
 reasonable domestic, stock, and irrigation water uses on an 
 Allotment, and shall administer any water use in accordance 
 with applicable Federal law, including recognition of--
        (A) any water use existing on an Allotment as of 
 the date of enactment of this Act;
        (B) reasonable domestic, stock, and irrigation 
 water uses on an Allotment; and
            (C) any Allotment water right decreed in a general 
 stream adjudication, including the Adjudication, or 
 other appropriate forum, for an Allotment.

    (f) 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 title for the allocation, 
 distribution, leasing, or other arrangement entered into 
 pursuant to this title 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. 105. 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 title.

    (b) Accounts.--

    (1) Pueblo of acoma settlement trust fund.--The Secretary 
 shall establish in the Pueblo of Acoma Settlement Trust Fund 
 established under subsection

    (a) 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 
 established under subsection

    (a) 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 106

    (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 
 on the date on which the amounts are deposited 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 title.
            (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 title.

    (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 title.
            (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 title.
        (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 title.

    (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 title.
        (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 title.

    (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, 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 title.

    (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. 106. 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 deposit in the following 
accounts:

    (1) Pueblo of acoma settlement trust fund.--
        (A) The water rights settlement account.--For 
 deposit in the Water Rights Settlement Account 
 established under 

section 105

    (b)

    (1)
        (A) , $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.--For deposit in the Water 
 Infrastructure Operations and Maintenance Account 
 established under 

section 105

    (b)

    (1)
        (B) , $14,000,000, to 
 remain available until expended, withdrawn, or reverted 
 to the general fund of the Treasury.
            (C) The feasibility studies settlement account.--
 For deposit in the Feasibility Studies Settlement 
 Account established under 

section 105

    (b)

    (1)
            (C) , 
 $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.--For 
 deposit in the Water Rights Settlement Account 
 established under 

section 105

    (b)

    (2)
        (A) , $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.--For deposit in the Water 
 Infrastructure Operations and Maintenance Account 
 established under 

section 105

    (b)

    (2)
        (B) , $26,000,000, to 
 remain available until expended, withdrawn, or reverted 
 to the general fund of the Treasury.
            (C) The feasibility studies settlement account.--
 For deposit in the Feasibility Studies Settlement 
 Account established under 

section 105

    (b)

    (2)
            (C) , 
 $3,250,000, to remain available until expended, 
 withdrawn, or reverted to the general fund of the 
 Treasury.

    (3) Acomita reservoir works trust fund.--For deposit in the 
 Acomita Reservoir Works Trust Fund, $45,000,000, to remain 
 available until expended, withdrawn, or reverted to the general 
 fund of the Treasury.

    (b) Fluctuation in Costs.--

    (1) In general.--The 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 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) $23,500,000, 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. 107. ENFORCEABILITY DATE.

 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 
 title, the Agreement has been amended to conform with this 
 title;

    (2) the Agreement, as amended, has been executed by all 
 parties to the Agreement, including the United States;

    (3) all of the amounts appropriated under 

section 106 have 
 been appropriated and deposited in the designated accounts of 
 the Pueblo Trust Fund;

    (4) the State has--
        (A) provided the funding under 

section 106
            (c) (3) into the appropriate funding accounts;
        (B) provided the funding under paragraphs

    (1) and

    (2) of 

section 106
            (c) into the appropriate funding 
 accounts or entered into funding agreements with the 
 intended beneficiaries for funding under those 
 paragraphs of that section; and
            (C) 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 Decree Court has approved the Agreement and has 
 entered a Partial Final Judgment and Decree; and

    (6) the waivers and releases under 

section 108 have been 
 executed by the Pueblos and the Secretary.

SEC. 108. 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 title, 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 title; 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 title;

    (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 for 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 title.
            (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 all 
claims relating to--

    (1) the enforcement of, or claims accruing after the 
 Enforceability Date relating to, water rights recognized under 
 the Agreement, this title, or the Partial Final Judgment and 
 Decree entered in the Adjudication;

    (2) activities affecting the quality of water and the 
 environment, including claims under--
        (A) the Comprehensive Environmental Response, 
 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
 et seq.), including claims for damages to natural 
 resources;
        (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
 seq.);
            (C) the Federal Water Pollution Control Act (33 
 U.S.C. 1251 et seq.) (commonly referred to as the 
 ``Clean Water Act''); and
            (D) any regulations implementing the Acts described 
 in subparagraphs
        (A) through
            (C) ;

    (3) the right to use and protect water rights acquired 
 after the date of enactment of this Act;

    (4) damage, loss, or injury to land or natural resources 
 that is not due to loss of water or water rights, including 
 hunting, fishing, gathering, or cultural rights;

    (5) 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;

    (6) all claims relating to the Jackpile-Paguate Uranium 
 Mine in the State that are not due to loss of water or water 
 rights; and

    (7) all rights, remedies, privileges, immunities, powers, 
 and claims not specifically waived and released pursuant to 
 this title or the Agreement.

    (e) Effect of Agreement and Title.--Nothing in the Agreement or 
this title--

    (1) reduces or extends the sovereignty (including civil and 
 criminal jurisdiction) of any government entity, except as 
 provided in 

section 110;

    (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 the Pueblos (consistent with this title), any other 
 pueblo or Indian Tribe, or an Allottee of any 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.

    (g) Expiration.--

    (1) In general.--This title shall expire in any case in 
 which the Secretary fails to publish a statement of findings 
 under 

section 107 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 title expires under paragraph

    (1) --
        (A) the waivers and releases under subsections

    (a) and

    (b) shall--
            (i) expire; and
            (ii) have no further force or effect;
        (B) the authorization, ratification, confirmation, 
 and execution of the Agreement under 

section 103 shall 
 no longer be effective;
            (C) any action carried out by the Secretary, and 
 any contract or agreement entered into, pursuant to 
 this title shall be void;
            (D) any unexpended Federal funds appropriated or 
 made available to carry out the activities authorized 
 by this title, 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 title, 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 title that were expended or 
 withdrawn, or any funds made available to carry out 
 this title 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--

    (aa) the Pueblos; or

    (bb) any user of the Pueblo 
 Water Rights; or
            (II) any other matter covered by 
 subsection

    (b) ; or
            (ii) in any future settlement of water 
 rights of the Pueblos.

SEC. 109. SATISFACTION OF CLAIMS.

 The benefits provided under this title 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 108

    (b) .

SEC. 110. CONSENT OF UNITED STATES TO JURISDICTION FOR JUDICIAL REVIEW 
 OF 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 judicial review of a 
Pueblo Water Right Permit decision under Article 11.5 of the Agreement.

    (b) Limitation.--The consent of the United States under this title 
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 the 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. 111. MISCELLANEOUS PROVISIONS.

    (a) No Waiver of Sovereign Immunity by the United States.--Nothing 
in this title waives the sovereign immunity of the United States.

    (b) Other Tribes Not Adversely Affected.--Nothing in this title 
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) Allottees Not Adversely Affected.--Nothing in this title 
quantifies or diminishes any water right, or any claim or entitlement 
to water, of an Allottee.
            (d) Effect on Current Law.--Nothing in this title 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.

    (e) Conflict.--In the event of a conflict between the Agreement and 
this title, this title shall control.

SEC. 112. ANTIDEFICIENCY.

 The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this title, including any 
obligation or activity under the Agreement, if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this title.

 TITLE II--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT

SEC. 201. PURPOSES.

 The purposes of this title are--

    (1) to achieve a fair, equitable, and final settlement of 
 all claims to water rights in the Jemez River Stream System in 
 the State of New Mexico for--
        (A) the Pueblo of Jemez;
        (B) the Pueblo of Zia; and
            (C) the United States, acting as trustee for the 
 Pueblos of Jemez and Zia;

    (2) to authorize, ratify, and confirm the Agreement entered 
 into by the Pueblos, the State, and various other parties to 
 the extent that the Agreement is consistent with this title;

    (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 title; and

    (4) to authorize funds necessary for the implementation of 
 the Agreement and this title.

SEC. 202. DEFINITIONS.

 In this title:

    (1) Adjudication.--The term ``Adjudication'' means the 
 adjudication of water rights pending before the United States 
 District Court for the District of New Mexico: United States of 
 America, on its own behalf, and on behalf of the Pueblos of 
 Jemez, Santa Ana, and Zia, State of New Mexico, ex rel. State 
 Engineer, Plaintiffs, and Pueblos of Jemez, Santa Ana, and Zia, 
 Plaintiffs-in-Intervention v. Tom Abousleman, et al., 
 Defendants, Civil No. 83-cv-01041

    (KR) .

    (2) Agreement.--The term ``Agreement'' means--
        (A) the document entitled ``Pueblos of Jemez and 
 Zia Water Rights Settlement Agreement'' and dated May 
 11, 2022, and the appendices and exhibits attached 
 thereto; and
        (B) any amendment to the document referred to in 
 subparagraph
        (A) (including an amendment to an appendix 
 or exhibit) that is executed to ensure that the 
 Agreement is consistent with this title.

    (3) Enforceability date.--The term ``Enforceability Date'' 
 means the date described in 

section 207.

    (4) Jemez river stream system.--The term ``Jemez River 
 Stream System'' means the geographic extent of the area 
 involved in the Adjudication.

    (5) Partial final judgment and decree.--The term ``Partial 
 Final Judgment and Decree'' means a final or interlocutory 
 partial final judgment and decree entered by the United States 
 District Court for the District of New Mexico with respect to 
 the water rights of the Pueblos--
        (A) that is substantially in the form described in 
 the Agreement, as amended to ensure consistency with 
 this title; and
        (B) from which no further appeal may be taken.

    (6) Pueblo.--The term ``Pueblo'' means either of--
        (A) the Pueblo of Jemez; or
        (B) the Pueblo of Zia.

    (7) Pueblo land.--The term ``Pueblo Land'' means any real 
 property that is--
        (A) held by the United States in trust for a Pueblo 
 within the Jemez River Stream System;
        (B) owned by a Pueblo within the Jemez River Stream 
 System before the date on which a court approves the 
 Agreement; or
            (C) acquired by a Pueblo on or after the date on 
 which a court approves the Agreement if the real 
 property--
            (i) is located within the exterior 
 boundaries of the Pueblo, as recognized and 
 confirmed by a patent issued under the Act of 
 December 22, 1858 (11 Stat. 374, chapter V);
            (ii) is located within the exterior 
 boundaries of any territory set aside for a 
 Pueblo by law, executive order, or court 
 decree;
            (iii) is owned by a Pueblo or held by the 
 United States in trust for the benefit of a 
 Pueblo outside the Jemez River Stream System 
 that is located within the exterior boundaries 
 of the Pueblo, as recognized and confirmed by a 
 patent issued under the Act of December 22, 
 1858 (11 Stat. 374, chapter V); or
            (iv) is located within the exterior 
 boundaries of any real property located outside 
 the Jemez River Stream System set aside for a 
 Pueblo by law, executive order, or court decree 
 if the land is within or contiguous to land 
 held by the United States in trust for the 
 Pueblo as of June 1, 2022.

    (8) Pueblo trust fund.--The term ``Pueblo Trust Fund'' 
 means--
        (A) the Pueblo of Jemez Settlement Trust Fund 
 established under 

section 205

    (a) ; and
        (B) the Pueblo of Zia Settlement Trust Fund 
 established under that section.

    (9) Pueblo water rights.--The term ``Pueblo Water Rights'' 
 means the respective water rights of the Pueblos--
        (A) as identified in the Agreement and 

section 204; 
 and
        (B) as confirmed in the Partial Final Judgment and 
 Decree.

    (10) Pueblos.--The term ``Pueblos'' means--
        (A) the Pueblo of Jemez; and
        (B) the Pueblo of Zia.

    (11) Secretary.--The term ``Secretary'' means the Secretary 
 of the Interior.

    (12) 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. 203. RATIFICATION OF AGREEMENT.

    (a) Ratification.--

    (1) In general.--Except as modified by this title and to 
 the extent that the Agreement does not conflict with this 
 title, the Agreement is authorized, ratified, and confirmed.

    (2) Amendments.--If an amendment to the Agreement, or to 
 any appendix or exhibit attached to the Agreement requiring the 
 signature of the Secretary, is executed in accordance with this 
 title to make the Agreement consistent with this title, the 
 amendment is authorized, ratified, and confirmed.

    (b) Execution.--

    (1) In general.--To the extent the Agreement does not 
 conflict with this title, the Secretary shall execute the 
 Agreement, including all appendices or exhibits to, or parts 
 of, the Agreement requiring the signature of the Secretary.

    (2) Modifications.--Nothing in this title prohibits the 
 Secretary, after execution of the Agreement, from approving any 
 modification to the Agreement, including an appendix or exhibit 
 to the Agreement, that is consistent with this title, 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 
 title, 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 title, 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 this subsection 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. 204. 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 title.

    (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.--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 title.
            (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 title, 
 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 title, 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 title for the allocation, 
 distribution, leasing, or other arrangement entered into 
 pursuant to this title 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. 205. SETTLEMENT TRUST FUNDS.

    (a) Establishment.--The Secretary shall establish 2 trust funds, to 
be known as the ``Pueblo of Jemez Settlement Trust Fund'' and the 
``Pueblo of Zia Settlement Trust Fund'', to be managed, invested, and 
distributed by the Secretary and to remain available until expended, 
withdrawn, or reverted to the general fund of the Treasury, consisting 
of the amounts deposited in the Pueblo Trust Funds under subsection

    (b) , together with any investment earnings, including interest, earned 
on those amounts for the purpose of carrying out this title.

    (b) Deposits.--The Secretary shall deposit in each Pueblo Trust 
Fund the amounts made available pursuant to 

section 206

    (a) .
            (c) Management and Interest.--

    (1) Management.--On receipt and deposit of funds into the 
 Pueblo Trust Funds under subsection

    (b) , 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

    (b) , any investment 
 earnings, including interest, earned on those amounts held in 
 each Pueblo Trust Fund are authorized to be used in accordance 
 with subsections

    (e) and

    (g) .
            (d) Availability of Amounts.--

    (1) In general.--Amounts appropriated to, and deposited in, 
 each Pueblo Trust Fund, including any investment earnings, 
 including interest, earned on those amounts, shall be made 
 available to each Pueblo by the Secretary beginning on the 
 Enforceability Date, subject to the requirements of this 
 section, except for funds to be made available to the Pueblos 
 pursuant to paragraph

    (2) .

    (2) Use of funds.--Notwithstanding paragraph

    (1) , 
 $25,000,000 of the amounts deposited in each Pueblo Trust Fund 
 shall be available to the appropriate Pueblo for--
        (A) developing economic water development plans;
        (B) preparing environmental compliance documents;
            (C) preparing water project engineering designs;
            (D) establishing and operating a water resource 
 department;
        (E) installing supplemental irrigation groundwater 
 wells; and
        (F) developing water measurement and reporting 
 water use plans.

    (e) 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 the Pueblo Trust Fund on 
 approval by the Secretary of a Tribal management plan 
 submitted by the Pueblo in accordance with the American 
 Indian Trust Fund Management Reform Act of 1994 (25 
 U.S.C. 4001 et seq.).
        (B) Requirements.--In addition to the requirements 
 under the American Indian Trust Fund Management Reform 
 Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
 management plan under 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 title.
            (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 
 Fund of the Pueblo under subparagraph
        (A) are used in 
 accordance with this title.

    (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) , each 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 title.
            (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

    (g) .
            (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 title.
        (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 title.

    (f) 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

    (e) or an expenditure plan under paragraph

    (2) of 
that subsection except under subchapter II of chapter 5, and chapter 7, 
of title 5, United States Code (commonly known as the ``Administrative 
Procedure Act'').

    (g) Uses.--Amounts from a Pueblo Trust Fund may only be used by the 
appropriate Pueblo for the following purposes:

    (1) 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.

    (2) Watershed protection and enhancement, support of 
 agriculture, water-related Pueblo community welfare and 
 economic development, and costs related to implementation of 
 the Agreement.

    (3) Planning, permitting, designing, engineering, 
 construction, reconstructing, replacing, rehabilitating, 
 operating, or repairing water production of delivery 
 infrastructure of the Augmentation Project, as set forth in the 
 Agreement.

    (4) Ensuring environmental compliance in the development 
 and construction of projects under this title.

    (5) The management and administration of the Pueblo Water 
 Rights.

    (h) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from a Pueblo Trust Fund by a Pueblo under paragraph

    (1) or

    (2) of subsection

    (e) .
            (i) 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) or

    (2) of subsection

    (e) , as 
applicable.

    (j) No Per Capita Distributions.--No portion of a Pueblo Trust Fund 
shall be distributed on a per capita basis to any member of a Pueblo.

    (k) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from a Pueblo Trust Fund shall 
remain in the appropriate Pueblo.
            (l) Operation, Maintenance, and Replacement.--All operation, 
maintenance, and replacement costs of any project constructed using 
funds from a Pueblo Trust Fund shall be the responsibility of the 
appropriate Pueblo.

SEC. 206. FUNDING.

    (a) Mandatory Appropriation.--Out of any money in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary--

    (1) for deposit in the Pueblo of Jemez Settlement Trust 
 Fund established under 

section 205

    (a) $290,000,000, to remain 
 available until expended, withdrawn, or reverted to the general 
 fund of the Treasury; and

    (2) for deposit in the Pueblo of Zia Settlement Trust Fund 
 established under that section $200,000,000, to remain 
 available until expended, withdrawn, or reverted to the general 
 fund of the Treasury.

    (b) Fluctuation in Costs.--

    (1) In general.--The amount appropriated under subsection

    (a) shall be increased or decreased, as appropriate, by such 
 amounts as may be justified by reason of ordinary fluctuations 
 in costs, as indicated by the Bureau of Reclamation 
 Construction Cost Index-Composite Trend.

    (2) Construction costs adjustment.--The amount appropriated 
 under subsection

    (a) shall be adjusted to address construction 
 cost changes 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 adjustment 
 under this subsection for any increment of funding shall start 
 on October 1, 2021, and end on the date on which the funds are 
 deposited in the applicable Pueblo Trust Fund.
            (c) State Cost Share.--The State shall contribute--

    (1) $3,400,000, as adjusted for inflation pursuant to the 
 Agreement, to the San Ysidro Community Ditch Association for 
 capital and operating expenses of the mutual benefit 
 Augmentation Project;

    (2) $16,159,000, as adjusted for inflation pursuant to the 
 Agreement, for Jemez River Basin Water Users Coalition acequia 
 ditch improvements; and

    (3) $500,000, as adjusted for inflation, to mitigate 
 impairment to non-Pueblo domestic and livestock groundwater 
 rights as a result of new Pueblo water use.

SEC. 207. ENFORCEABILITY DATE.

 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 
 title, the Agreement has been amended to conform with this 
 title;

    (2) the Agreement, as amended, has been executed by all 
 parties to the Agreement, including the United States;

    (3) the United States District Court for the District of 
 New Mexico has approved the Agreement and has entered a Partial 
 Final Judgment and Decree;

    (4) all of the amounts appropriated under 

section 206 have 
 been appropriated and deposited in the designated accounts of 
 the applicable Pueblo Trust Fund;

    (5) the State has--
        (A) provided the funding under 

section 206
            (c) (2) into appropriate funding accounts;
        (B) provided the funding under 

section 206
            (c) (1) or 
 entered into a funding agreement with the intended 
 beneficiaries for that funding; and
            (C) enacted legislation to amend State law to 
 provide that a Pueblo Water Right may be leased for a 
 term of not to exceed 99 years, including renewals;

    (6) the waivers and releases under section subsections

    (a) and

    (b) of 

section 208 have been executed by the Pueblos and 
 the Secretary; and

    (7) the waivers and releases under 

section 208 have been 
 executed by the Pueblos and the Secretary.

SEC. 208. WAIVERS AND RELEASES OF CLAIMS.

    (a) Waivers and Releases of Claims by Pueblos and United States as 
Trustee for Pueblos.--Subject to the reservation of rights and 
retention of claims under subsection
            (d) , as consideration for 
recognition of the Pueblo Water Rights and other benefits described in 
the Agreement and this title, 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 Jemez River 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 a right is recognized in 
 the Agreement and this title; 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, diversion, or taking 
 of water rights) in the Jemez River 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) , each Pueblo shall execute a waiver and release of 
all claims against the United States (including any agency or employee 
of the United States) for water rights within the Jemez River Stream 
System first arising before the Enforceability Date relating to--

    (1) water rights within the Jemez River Stream System that 
 the United States, acting as trustee for the Pueblos, asserted 
 or could have asserted in any proceeding, including the 
 Adjudication, except to the extent that such rights are 
 recognized as part of the Pueblo Water Rights under this title;

    (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 Jemez River 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 Jemez River Stream System;

    (4) a failure to establish or provide a municipal, rural, 
 or industrial water delivery system on Pueblo Land within the 
 Jemez River Stream System;

    (5) damage, loss, or injury to water, water rights, land, 
 or natural resources due to construction, operation, and 
 management of irrigation projects on Pueblo Land or Federal 
 land (including damages, losses, or injuries to fish habitat, 
 wildlife, and wildlife habitat) within the Jemez River Stream 
 System;

    (6) a failure to provide for operation, maintenance, or 
 deferred maintenance for any irrigation system or irrigation 
 project within the Jemez River Stream System;

    (7) a failure to provide a dam safety improvement to a dam 
 on Pueblo Land within the Jemez River Stream System;

    (8) the litigation of claims relating to any water right of 
 a Pueblo within the Jemez River Stream System; and

    (9) the negotiation, execution, or adoption of the 
 Agreement (including exhibits or appendices) and this title.
            (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 all 
claims relating to--

    (1) the enforcement of, or claims accruing after the 
 Enforceability Date relating to, water rights recognized under 
 the Agreement, this title, or the Partial Final Judgement and 
 Decree entered into in the Adjudication;

    (2) activities affecting the quality of water, including 
 claims under--
        (A) the Comprehensive Environmental Response, 
 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
 et seq.), including claims for damages to natural 
 resources;
        (B) the Safe Drinking Water Act (42 U.S.C. 300f et 
 seq.);
            (C) the Federal Water Pollution Control Act (33 
 U.S.C. 1251 et seq.) (commonly referred to as the 
 ``Clean Water Act''); and
            (D) any regulations implementing the Acts described 
 in subparagraphs
        (A) through
            (C) ;

    (3) the right to use and protect water rights acquired 
 after the date of enactment of this Act;

    (4) damage, loss, or injury to land or natural resources 
 that is not due to loss of water or water rights, including 
 hunting, fishing, gathering, or cultural rights;

    (5) all rights, remedies, privileges, immunities, and 
 powers not specifically waived and released pursuant to this 
 title or the Agreement; and

    (6) loss of water or water rights in locations outside of 
 the Jemez River Stream System.

    (e) Effect of Agreement and Title.--Nothing in the Agreement or 
this title--

    (1) reduces or extends the sovereignty (including civil and 
 criminal jurisdiction) of any government entity;

    (2) affects the ability of the United States, as 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) though
            (D) ;

    (3) affects the ability of the United States to act as 
 trustee for the Pueblos (consistent with this title), any other 
 pueblo or Indian Tribe, or an allottee of any 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;
            (C) to conduct judicial review of any Federal 
 agency action; or
            (D) to interpret Pueblo or Tribal law; 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.

    (g) Expiration.--

    (1) In general.--This title shall expire in any case in 
 which the Secretary fails to publish a statement of findings 
 under 

section 207 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 title expires under paragraph

    (1) --
        (A) the waivers and releases under subsections

    (a) and

    (b) shall--
            (i) expire; and
            (ii) have no further force or effect;
        (B) the authorization, ratification, confirmation, 
 and execution of the Agreement under 

section 203 shall 
 no longer be effective;
            (C) any action carried out by the Secretary, and 
 any contract or agreement entered into, pursuant to 
 this title shall be void;
            (D) any unexpended Federal funds appropriated or 
 made available to carry out the activities authorized 
 by this title, 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 title 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 title that were expended or 
 withdrawn, or any funds made available to carry out 
 this title 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--

    (aa) the Pueblos; or

    (bb) any user of the Pueblo 
 Water Rights; or
            (II) any other matter covered by 
 subsection

    (b) ; or
            (ii) in any future settlement of water 
 rights of the Pueblos.

SEC. 209. SATISFACTION OF CLAIMS.

 The benefits provided under this title 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 208

    (b) .

SEC. 210. MISCELLANEOUS PROVISIONS.

    (a) No Waiver of Sovereign Immunity by the United States.--Nothing 
in this title waives the sovereign immunity of the United States.

    (b) Other Tribes Not Adversely Affected.--Nothing in this title 
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 title 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 title, this title shall control.

SEC. 211. ANTIDEFICIENCY.

 The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this title, including any 
obligation or activity under the Agreement, if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this title.
 <all>