[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4896 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4896
To approve the settlement of water rights claims of the Pueblos of
Jemez and Zia in the State of New Mexico, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2022
Mr. Heinrich introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To approve the settlement of water rights claims of the Pueblos of
Jemez and Zia in the State of New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pueblos of Jemez
and Zia 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 Right.
Sec. 6. Settlement trust funds.
Sec. 7. Funding.
Sec. 8. Waivers and releases of claims.
Sec. 9. Satisfaction of claims.
Sec. 10. Enforceability date.
Sec. 11. Miscellaneous provisions.
Sec. 12. Antideficiency.
SEC. 2. PURPOSES.
The purposes of this Act 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 Act;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry
out the Agreement in accordance with this Act; and
(4) to authorize funds necessary for the implementation of
the Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) 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 Act.
(3) Enforceability date.--The term ``Enforceability Date''
means the date described in section 10.
(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 Act; 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 6(a); and
(B) the Pueblo of Zia Settlement Trust Fund
established under that section.
(9) Pueblo water right.--The term ``Pueblo Water Right''
means the water right of a Pueblo--
(A) as identified in the Agreement and section 5 of
this Act; 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. 4. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act and to the
extent that the Agreement does not conflict with this Act, the
Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement, or to
any appendix or exhibit attached 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 appendices or exhibits 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 appendix or exhibit
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 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. 5. PUEBLO WATER RIGHT.
(a) Trust Status of the Pueblo Water Right.--The Pueblo Water Right
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.--The Pueblo Water Right shall not
be subject to loss through non-use, forfeiture, abandonment, or other
operation of law.
(c) Use.--Any use of the Pueblo Water Right 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 Right 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 Right 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 Right.
(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 Right by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Pueblo Water Right.
SEC. 6. 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 Act.
(b) Deposits.--The Secretary shall deposit in each Pueblo Trust
Fund the amounts made available pursuant to section 7(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 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
Fund of the Pueblo 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), 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 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 (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 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.
(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 Act.
(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. 7. 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 6(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. 8. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waivers and releases of claims by pueblos and united
states as trustee for pueblos.--Subject to the reservation of
rights and retention of claims under subsection (c), as
consideration for recognition of the Pueblo Water Right and
other benefits described in the Agreement and this Act, the
Pueblos and the United States, acting as trustee for the
Pueblos, shall execute a waiver and release of all claims for--
(A) water rights within the Jemez River Stream
System that the Pueblos, or the United States acting as
trustee for the Pueblos, 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 Act; and
(B) damages, losses, or injuries to water rights or
claims of interference with, diversion of, or taking of
water (including claims for injury to land resulting
from such damages, losses, injuries, interference,
diversion, or taking) in the Jemez River Stream System
against any party to a settlement, including the
members and parciantes of signatory acequias, that
accrued at any time up to and including the
Enforceability Date.
(2) Waivers and releases of claims by pueblos against
united states.--Subject to the reservation of rights and
retention of claims under subsection (c), each Pueblo shall
execute a waiver and release of all claims against the United
States (including any agency or employee of the United States)
for water rights within the Jemez River Stream System first
arising before the Enforceability Date relating to--
(A) water rights within the Jemez River Stream
System that the United States, acting as trustee for
the Pueblos, asserted or could have asserted in any
proceeding, including the Adjudication, except to the
extent that such rights are recognized as part of the
Pueblo Water Right under this Act;
(B) foregone benefits from non-Pueblo use of water,
on and off Pueblo Land (including water from all
sources and for all uses), within the Jemez River
Stream System;
(C) damage, loss, or injury to water, water rights,
land, or natural resources due to loss of water or
water rights (including damages, losses, or injuries to
hunting, fishing, gathering, or cultural rights due to
loss of water or water rights, claims relating to
interference with, 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;
(D) a failure to establish or provide a municipal,
rural, or industrial water delivery system on Pueblo
Land within the Jemez River Stream System;
(E) 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;
(F) a failure to provide for operation,
maintenance, or deferred maintenance for any irrigation
system or irrigation project within the Jemez River
Stream System;
(G) a failure to provide a dam safety improvement
to a dam on Pueblo Land within the Jemez River Stream
System;
(H) the litigation of claims relating to any water
right of a Pueblo within the Jemez River Stream System;
and
(I) the negotiation, execution, or adoption of the
Agreement (including exhibits or appendices) and this
Act.
(b) Effective Date.--The waivers and releases described in
subsection (a) shall take effect on the Enforceability Date.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsection (a), the Pueblos and the
United States, acting as trustee for the Pueblos, shall retain all
claims relating to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to water rights recognized under
the Agreement relating to, any final court decree or this Act;
(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
Act or the Agreement; and
(6) loss of water or water rights in locations outside of
the Jemez River Stream System.
(d) Effect of Agreement and Act.--Nothing in the Agreement or this
Act--
(1) reduces or extends the sovereignty (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 Act), 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;
(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.
(e) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the Enforceability
Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that 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.
(f) Expiration.--
(1) In general.--This Act shall expire in any case in which
the Secretary fails to publish a statement of findings under
section 10 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 subsection (a)
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--
(aa) the Pueblos; or
(bb) any user of the Pueblo
Water Right; or
(II) any other matter covered by
subsection (a)(2); or
(ii) in any future settlement of water
rights of the Pueblos.
SEC. 9. SATISFACTION OF CLAIMS.
The benefits provided under this Act shall be in 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 8(a).
SEC. 10. 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
Act, the Agreement has been amended to conform with this Act;
(2) the Agreement, as amended, includes the waivers and
releases of claims set forth in section 8, and has been
executed by all parties to the 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 7 have
been appropriated and deposited in the designated accounts of
the applicable Pueblo Trust Fund;
(5) the State has--
(A) provided the funding under section 7(c)(2) into
appropriate funding accounts;
(B) provided the funding under section 7(c)(1) or
entered into a funding agreement with the intended
beneficiaries for that funding; and
(C) enacted legislation to amend State law to
provide that a Pueblo Water Right may be leased for a
term of not to exceed 99 years, including renewals; and
(6) the waivers and releases under section 8(a) have been
executed by the Pueblos and the Secretary.
SEC. 11. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--Nothing
in this Act waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this Act
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian Tribe, band, or community
other than the Pueblos.
(c) Effect on Current Law.--Nothing in this Act affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
(d) Conflict.--In the event of a conflict between the Agreement and
this Act, this Act shall control.
SEC. 12. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this Act, including any
obligation or activity under the Agreement, if adequate appropriations
are not provided expressly by Congress to carry out the purposes of
this Act.
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