S. 3381 (110th): A bill to authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to develop ...

...water infrastructure in the Rio Grande Basin, and to approve the settlement of the water rights claims of the Pueblos of Nambe,

110th Congress, 2007–2009. Text as of Jul 31, 2008 (Introduced).

Status & Summary | PDF | Source: GPO

II

110th CONGRESS

2d Session

S. 3381

IN THE SENATE OF THE UNITED STATES

July 31, 2008

(for himself and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to develop water infrastructure in the Rio Grande Basin, and to approve the settlement of the water rights claims of the Pueblos of Nambe, Pojoaque, San Ildefonso, Tesuque, and Taos.

1.

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Table of contents.

TITLE I—Aamodt litigation settlement Act

Sec. 101. Short title.

Sec. 102. Definitions.

Subtitle A—Pojoaque basin regional water system

Sec. 111. Authorization of Regional Water System.

Sec. 112. Operating Agreement.

Sec. 113. Acquisition of Pueblo water supply for the Regional Water System.

Sec. 114. Delivery and allocation of Regional Water System capacity and water.

Sec. 115. Aamodt Settlement Pueblos’ Fund.

Sec. 116. Environmental compliance.

Sec. 117. Authorization of appropriations.

Subtitle B—Pojoaque basin indian water rights settlement

Sec. 121. Settlement Agreement and contract approval.

Sec. 122. Environmental compliance.

Sec. 123. Conditions precedent and enforcement date.

Sec. 124. Waivers and releases.

Sec. 125. Effect.

TITLE II—Taos Pueblo Indian Water Rights Settlement Act

Sec. 201. Short title.

Sec. 202. Purpose.

Sec. 203. Definitions.

Sec. 204. Pueblo rights.

Sec. 205. Pueblo water infrastructure and watershed enhancement.

Sec. 206. Taos Pueblo Water Development Fund.

Sec. 207. Marketing.

Sec. 208. Mutual-benefit projects.

Sec. 209. San Juan-Chama Project contracts.

Sec. 210. Authorizations, ratifications, confirmations, and conditions precedent.

Sec. 211. Waivers and releases.

Sec. 212. Interpretation and enforcement.

Sec. 213. Disclaimer.

I

Aamodt litigation settlement Act

101.

Short title

This title may be cited as the Aamodt Litigation Settlement Act.

102.

Definitions

In this title:

(1)

Acre-feet

The term acre-feet means acre-feet of water per year.

(2)

Aamodt case

The term Aamodt Case means the civil action entitled State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.).

(3)

Authority

The term Authority means the Pojoaque Basin Regional Water Authority described in section 9.5 of the Settlement Agreement or an alternate entity acceptable to the Pueblos and the County to operate and maintain the diversion and treatment facilities, certain transmission pipelines, and other facilities of the Regional Water System.

(4)

Bishop’s lodge extension

The term Bishop’s Lodge Extension has the meaning given the term in the Engineering Report.

(5)

City

The term City means the city of Santa Fe, New Mexico.

(6)

Cost-sharing and system integration agreement

The term Cost-Sharing and System Integration Agreement means the agreement executed by the United States, the State, the Pueblos, the County, and the City that—

(A)

describes the location, capacity, and management (including the distribution of water to customers) of the Regional Water System; and

(B)

allocates the costs of the Regional Water System with respect to—

(i)

the construction, operation, maintenance, and repair of the Regional Water System;

(ii)

rights-of-way for the Regional Water System; and

(iii)

the acquisition of water rights.

(7)

County

The term County means Santa Fe County, New Mexico.

(8)

County distribution system

The term County Distribution System means the portion of the Regional Water System that serves water customers on non-Pueblo land in the Pojoaque Basin.

(9)

County water utility

The term County Water Utility means the water utility organized by the County to—

(A)

receive water distributed by the Authority; and

(B)

provide the water received under subparagraph (A) to customers on non-Pueblo land in the Pojoaque Basin.

(10)

Engineering report

The term Engineering Report means the report entitled Pojoaque Regional Water System Engineering Report and dated April 2007 and any amendments thereto.

(11)

Fund

The term Fund means the Aamodt Settlement Pueblos’ Fund established by section 115(a).

(12)

Operating agreement

The term Operating Agreement means the agreement between the Pueblos and the County executed under section 112(a).

(13)

Operations, maintenance, and replacement costs

(A)

In general

The term operations, maintenance, and replacement costs means all costs for the operation of the Regional Water System that are necessary for the safe, efficient, and continued functioning of the Regional Water System to produce the benefits described in the Settlement Agreement.

(B)

Exclusion

The term operations, maintenance, and replacement costs does not include construction costs or costs related to construction design and planning.

(14)

Pojoaque basin

(A)

In general

The term Pojoaque Basin means the geographic area limited by a surface water divide (which can be drawn on a topographic map), within which area rainfall and runoff flow into arroyos, drainages, and named tributaries that eventually drain to—

(i)

the Rio Pojoaque; or

(ii)

the 2 unnamed arroyos immediately south; and

(iii)

2 arroyos (including the Arroyo Alamo) that are north of the confluence of the Rio Pojoaque and the Rio Grande.

(B)

Inclusion

The term Pojoaque Basin includes the San Ildefonso Eastern Reservation recognized by section 8 of Public Law 87–231 (75 Stat. 505).

(15)

Pueblo

The term Pueblo means each of the pueblos of Nambe, Pojoaque, San Ildefonso, or Tesuque.

(16)

Pueblos

The term Pueblos means collectively the Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque.

(17)

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 Pojoaque Basin;

(B)
(i)

owned by a Pueblo within the Pojoaque Basin before the date on which a court approves the Settlement Agreement; or

(ii)

acquired by a Pueblo on or after the date on which a court approves the Settlement Agreement, if the real property is located—

(I)

within the exterior boundaries of the Pueblo, as recognized and conformed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); or

(II)

within the exterior boundaries of any territory set aside for the Pueblo by law, executive order, or court decree;

(C)

owned by a Pueblo or held by the United States in trust for the benefit of a Pueblo outside the Pojoaque Basin 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

(D)

within the exterior boundaries of any real property located outside the Pojoaque Basin 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 January 1, 2005.

(18)

Pueblo water facility

(A)

In general

The term Pueblo Water Facility means—

(i)

a portion of the Regional Water System that serves only water customers on Pueblo land; and

(ii)

portions of a Pueblo water system in existence on the date of enactment of this Act that serve water customers on non-Pueblo land, also in existence on the date of enactment of this Act, or their successors, that are—

(I)

depicted in the final project design, as modified by the drawings reflecting the completed Regional Water System; and

(II)

described in the Operating Agreement.

(B)

Inclusions

The term Pueblo Water Facility includes—

(i)

the barrier dam and infiltration project on the Rio Pojoaque described in the Engineering Report; and

(ii)

the Tesuque Pueblo infiltration pond described in the Engineering Report.

(19)

Regional water system

(A)

In general

The term Regional Water System means the Regional Water System described in section 111(a).

(B)

Exclusions

The term Regional Water System does not include the County or Pueblo water supply delivered through the Regional Water System.

(20)

San juan-chama project

The term San Juan-Chama Project means the Project authorized by section 8 of the Act of June 13, 1962 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 Stat. 105).

(21)

Secretary

The term Secretary means the Secretary of the Interior.

(22)

Settlement agreement

The term Settlement Agreement means the stipulated and binding agreement among the State, the Pueblos, the United States, the County, and the City dated January 19, 2006, and signed by all of the government parties to the Settlement Agreement (other than the United States) on May 3, 2006, and as amended in conformity with this Act.

(23)

State

The term State means the State of New Mexico.

A

Pojoaque basin regional water system

111.

Authorization of Regional Water System

(a)

In general

The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct a regional water system in accordance with the Settlement Agreement, to be known as the Regional Water System

(1)

to divert and distribute water to the Pueblos and to the County Water Utility, in accordance with the Engineering Report; and

(2)

that consists of—

(A)

surface water diversion facilities at San Ildefonso Pueblo on the Rio Grande; and

(B)

any treatment, transmission, storage and distribution facilities and wellfields for the County Distribution System and Pueblo Water Facilities that are necessary to supply a minimum of 4,000 acre-feet of water within the Pojoaque Basin, in accordance with the Engineering Report.

(b)

Final project design

The Secretary shall issue a final project design within 90 days of completion of the environmental compliance described in section 116 for the Regional Water System that—

(1)

is consistent with the Engineering Report; and

(2)

includes a description of any Pueblo Water Facilities.

(c)

Acquisition of land; water rights

(1)

Acquisition of land

Upon request, and in exchange for the funding which shall be provided in section 117(c), the Pueblos shall consent to the grant of such easements and rights-of-way as may be necessary for the construction of the Regional Water System at no cost to the Secretary. To the extent that the State or County own easements or rights-of-way that may be used for construction of the Regional Water System, the State or County shall provide that land or interest in land as necessary for construction at no cost to the Secretary. The Secretary shall acquire any other land or interest in land that is necessary for the construction of the Regional Water System with the exception of the Bishop’s Lodge Extension.

(2)

Water rights

The Secretary shall not condemn water rights for purposes of the Regional Water System.

(d)

Conditions for construction

(1)

In general

The Secretary shall not begin construction of the Regional Water System facilities until the date on which—

(A)

the Secretary executes—

(i)

the Settlement Agreement; and

(ii)

the Cost-Sharing and System Integration Agreement; and

(B)

the State and the County have entered into an agreement with the Secretary to contribute the non-Federal share of the costs of the construction in accordance with the Cost-Sharing and System Integration Agreement.

(e)

Applicable law

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the design and construction of the Regional Water System.

(f)

Construction costs

(1)

Pueblo water facilities

The costs of constructing the Pueblo Water Facilities, as determined by the final project design and the Engineering Report—

(A)

shall be at full Federal expense subject to the amount authorized in section 117(a)(1); and

(B)

shall be nonreimbursable to the United States.

(2)

County distribution system

The costs of constructing the County Distribution System shall be at State and local expense.

(g)

State and local capital obligations

The State and local capital obligations for the Regional Water System described in the Cost-Sharing and System Integration Agreement shall be satisfied on the payment of the State and local capital obligations described in the Cost-Sharing and System Integration Agreement.

(h)

Conveyance of regional water system facilities

(1)

In general

Subject to paragraph (2), on completion of the construction of the Regional Water System (other than the Bishop’s Lodge Extension if construction of the Bishop’s Lodge Extension is deferred pursuant to the Cost-Sharing and System Integration Agreement), the Secretary, in accordance with the Operating Agreement, shall convey to—

(A)

each Pueblo the portion of any Pueblo Water Facility that is located within the boundaries of the Pueblo, including any land or interest in land located within the boundaries of the Pueblo that is acquired by the United States for the construction of the Pueblo Water Facility;

(B)

the County the County Distribution System, including any land or interest in land acquired by the United States for the construction of the County Distribution System; and

(C)

the Authority any portions of the Regional Water System that remain after making the conveyances under subparagraphs (A) and (B), including any land or interest in land acquired by the United States for the construction of the portions of the Regional Water System.

(2)

Conditions for conveyance

The Secretary shall not convey any portion of the Regional Water System facilities under paragraph (1) until the date on which—

(A)

construction of the Regional Water System (other than the Bishop’s Lodge Extension if construction of the Bishop’s Lodge Extension is deferred pursuant to the Cost-Sharing and System Integration Agreement) is complete; and

(B)

the Operating Agreement is executed in accordance with section 112.

(3)

Subsequent conveyance

On conveyance by the Secretary under paragraph (1), the Pueblos, the County, and the Authority shall not reconvey any portion of the Regional Water System conveyed to the Pueblos, the County, and the Authority, respectively, unless the reconveyance is authorized by an Act of Congress enacted after the date of enactment of this Act.

(4)

Interest of the United States

On conveyance of a portion of the Regional Water System under paragraph (1), the United States shall have no further right, title, or interest in and to the portion of the Regional Water System conveyed.

(5)

Additional construction

On conveyance of a portion of the Regional Water System under paragraph (1), the Pueblos, County, or the Authority, as applicable, may, at the expense of the Pueblos, County, or the Authority, construct any additional infrastructure that is necessary to fully use the water delivered by the Regional Water System.

(6)

Liability

(A)

In general

Effective on the date of conveyance of any land or facility under this section, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the land and facilities conveyed, other than damages caused by acts of negligence by the United States, or by employees or agents of the United States, prior to the date of conveyance.

(B)

Tort claims

Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act).

(7)

Effect

Nothing in any transfer of ownership provided or any conveyance thereto as provided in this section shall extinguish the right of any Pueblo, the County, or the Regional Water Authority to the continuous use and benefit of each easement or right of way for the use, operation, maintenance, repair, and replacement of Pueblo Water Facilities, the County Distribution System or the Regional Water System or for wastewater purposes as provided in the Cost-Sharing and System Integration Agreement.

112.

Operating Agreement

(a)

In general

The Pueblos and the County shall submit to the Secretary an executed Operating Agreement for the Regional Water System that is consistent with this Act, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement not later than 180 days after the later of—

(1)

the date of completion of environmental compliance and permitting; or

(2)

the date of issuance of a final project design for the Regional Water System under section 111(b).

(b)

Approval

Not later than 180 days after receipt of the operating agreement described in subsection (a), the Secretary shall approve the Operating Agreement upon determination that the Operating Agreement is consistent with this Act, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement.

(c)

Contents

The Operating Agreement shall include—

(1)

provisions consistent with the Settlement Agreement and the Cost-Sharing and System Integration Agreement and necessary to implement the intended benefits of the Regional Water System described in those documents;

(2)

provisions for—

(A)

the distribution of water conveyed through the Regional Water System, including a delineation of—

(i)

distribution lines for the County Distribution System;

(ii)

distribution lines for the Pueblo Water Facilities; and

(iii)

distribution lines that serve both—

(I)

the County Distribution System; and

(II)

the Pueblo Water Facilities;

(B)

the allocation of the Regional Water System capacity;

(C)

the terms of use of unused water capacity in the Regional Water System;

(D)

the construction of additional infrastructure and the acquisition of associated rights-of-way or easements necessary to enable any of the Pueblos or the County to fully use water allocated to the Pueblos or the County from the Regional Water System, including provisions addressing when the construction of such additional infrastructure requires approval by the Authority;

(E)

the allocation and payment of annual operation, maintenance, and replacement costs for the Regional Water System, including the portions of the Regional Water System that are used to treat, transmit, and distribute water to both the Pueblo Water Facilities and the County Water Utility;

(F)

the operation of wellfields located on Pueblo land;

(G)

the transfer of any water rights necessary to provide the Pueblo water supply described in section 113(a);

(H)

the operation of the Regional Water System with respect to the water supply, including the allocation of the water supply in accordance with section 3.1.8.4.2 of the Settlement Agreement so that, in the event of a shortage of supply to the Regional Water System, the supply to each of the Pueblos’ and to the County’s distribution system shall be reduced on a prorata basis, in proportion to each distribution system’s most current annual use; and

(I)

dispute resolution; and

(3)

provisions for operating and maintaining the Regional Water System facilities before and after conveyance under section 111(h), including provisions to—

(A)

ensure that—

(i)

the operation of, and the diversion and conveyance of water by, the Regional Water System is in accordance with the Settlement Agreement;

(ii)

the wells in the Regional Water System are used in conjunction with the surface water supply of the Regional Water System to ensure a reliable firm supply of water to all users of the Regional Water System, consistent with the intent of the Settlement Agreement that surface supplies will be used to the maximum extent feasible;

(iii)

the respective obligations regarding delivery, payment, operation, and management are enforceable; and

(iv)

the County has the right to serve any new water users located on non-Pueblo land in the Pojoaque Basin; and

(B)

allow for any aquifer storage and recovery projects that are approved by the Office of the New Mexico State Engineer.

(d)

Effect

Nothing in this title precludes the Operating Agreement from authorizing phased or interim operations if the Regional Water System is constructed in phases.

113.

Acquisition of Pueblo water supply for the Regional Water System

(a)

In general

For the purpose of providing a reliable firm supply of water from the Regional Water System for the Pueblos in accordance with the Settlement Agreement, the Secretary, on behalf of the Pueblos, shall—

(1)

acquire water rights to—

(A)

302 acre-feet of Nambe reserved water described in section 2.6.2 of the Settlement Agreement pursuant to section 117(c)(1)(C); and

(B)

1141 acre-feet from water acquired by the County for water rights commonly referred to as Top of the World rights in the Aamodt case;

(2)

make available 1079 acre-feet to the Pueblos pursuant to a contract entered into among the Pueblos and the Secretary in accordance with section 11 of the Act of June 13, 1962 (76 Stat. 96, 97) (San Juan-Chama Project Act), under water rights held by the Secretary; and

(3)

by application to the State Engineer, obtain approval to divert the water acquired and made available under paragraphs (1) and (2) at the points of diversion for the Regional Water System, consistent with the Settlement Agreement and the Cost-Sharing and System Integration Agreement.

(b)

Forfeiture

The nonuse of the water supply secured by the Secretary for the Pueblos under subsection (a) shall in no event result in forfeiture, abandonment, relinquishment, or other loss thereof.

(c)

Trust

The Pueblo water supply secured under subsection (a) shall be held by the United States in trust for the Pueblos.

(d)

Contract for San Juan-Chama Project water supply

With respect to the contract for the water supply required by subsection (a)(2), such San Juan-Chama Project contract shall be pursuant to the following terms:

(1)

Waivers

Notwithstanding the provisions of the Act of June 13, 1962 (76 Stat, 96, 97), or any other provision of law—

(A)

the Secretary shall waive the entirety of the Pueblos’ share of the construction costs for the San Juan-Chama Project, and pursuant to that waiver, the Pueblos’ share of all construction costs for the San Juan-Chama Project, inclusive of both principal and interest, due from 1972 to the execution of the contract required by subsection (a)(2), shall be nonreimbursable;

(B)

the Secretary’s waiver of each Pueblo’s share of the construction costs for the San Juan-Chama Project will not result in an increase in the pro rata shares of other San Juan-Chama Project water contractors, but such costs shall be absorbed by the United States Treasury or otherwise appropriated to the Department of the Interior; and

(C)

the costs associated with any water made available from the San Juan-Chama Project which were determined nonreimbursable and nonreturnable pursuant to Public Law No. 88–293, 78 Stat. 171 (March 26, 1964) shall remain nonreimbursable and nonreturnable.

(2)

Termination

The contract shall provide that it shall terminate only upon the following conditions—

(A)

failure of the United States District Court for the District of New Mexico to enter a final decree for the Aamodt case by December 15, 2012, or within the time period of any extension of that deadline granted by the court; or

(B)

entry of an order by the United States District Court for the District of New Mexico voiding the final decree and Settlement Agreement for the Aamodt case pursuant to section 10.3 of the Settlement Agreement.

(e)

Limitation

The Secretary shall use the water supply secured under subsection (a) only for the purposes described in the Settlement Agreement.

(f)

Fulfillment of water supply acquisition obligations

Compliance with subsections (a) through (e) shall satisfy any and all obligations of the Secretary to acquire or secure a water supply for the Pueblos pursuant to the Settlement Agreement.

(g)

Rights of pueblos in settlement agreement unaffected

Notwithstanding the provisions of subsections (a) through (f), the Pueblos, the County or the Regional Water Authority may acquire any additional water rights to ensure all parties to the Settlement Agreement receive the full allocation of water provided by the Settlement Agreement and nothing in this Act amends or modifies the quantities of water allocated to the Pueblos thereunder.

114.

Delivery and allocation of Regional Water System capacity and water

(a)

Allocation of regional water system capacity

(1)

In general

The Regional Water System shall have the capacity to divert from the Rio Grande a quantity of water sufficient to provide—

(A)

4,000 acre-feet of consumptive use of water; and

(B)

the requisite peaking capacity described in—

(i)

the Engineering Report; and

(ii)

the final project design.

(2)

Allocation to the pueblos and county water utility

Of the capacity described in paragraph (1)—

(A)

there shall be allocated to the Pueblos—

(i)

sufficient capacity for the conveyance of 2,500 acre-feet consumptive use; and

(ii)

the requisite peaking capacity for the quantity of water described in clause (i); and

(B)

there shall be allocated to the County Water Utility—

(i)

sufficient capacity for the conveyance of 1,500 acre-feet consumptive use; and

(ii)

the requisite peaking capacity for the quantity of water described in clause (i).

(3)

Applicable law

Water shall be allocated to the Pueblos and the County Water Utility under this subsection in accordance with—

(A)

this title;

(B)

the Settlement Agreement; and

(C)

the Operating Agreement.

(b)

Delivery of regional water system water

The Authority shall deliver water from the Regional Water System—

(1)

to the Pueblos water in a quantity sufficient to allow full consumptive use of up to 2,500 acre-feet rights by the Pueblos in accordance with—

(A)

the Settlement Agreement;

(B)

the Operating Agreement; and

(C)

this Title; and

(2)

to the County water in a quantity sufficient to allow full consumptive use of up to 1,500 acre-feet per year of water rights by the County Water Utility in accordance with—

(A)

the Settlement Agreement;

(B)

the Operating Agreement; and

(C)

this title.

(c)

Additional use of allocation quantity and unused capacity

The Regional Water System may be used to—

(1)

provide for use of return flow credits to allow for full consumptive use of the water allocated in the Settlement Agreement to each of the Pueblos and to the County; and

(2)

convey water allocated to one of the Pueblos or the County Water Utility for the benefit of another Pueblo or the County Water Utility or allow use of unused capacity by each other through the Regional Water System in accordance with an intergovernmental agreement between the Pueblos, or between a Pueblo and County Water Utility, as applicable, if—

(A)

such intergovernmental agreements are consistent with the Operating Agreement, the Settlement Agreement and this Act;

(B)

capacity is available without reducing water delivery to any Pueblo or the County Water Utility in accordance with the Settlement Agreement, unless the County Water Utility or Pueblo contracts for a reduction in water delivery or Regional Water System capacity;

(C)

the Pueblo or County Water Utility contracting for use of the unused capacity or water has the right to use the water under applicable law; and

(D)

any agreement for the use of unused capacity or water provides for payment of the operation, maintenance, and replacement costs associated with the use of capacity or water.

115.

Aamodt Settlement Pueblos’ Fund

(a)

Establishment of the aamodt settlement pueblos’ fund

There is established in the Treasury of the United States a fund, to be known as the Aamodt Settlement Pueblos’ Fund, consisting of—

(1)

such amounts as are made available to the Fund under section 117(c); and

(2)

any interest earned from investment of amounts in the Fund under subsection (b).

(b)

Management of the fund

The Secretary shall manage the Fund, invest amounts in the Fund, and make amounts available from the Fund for distribution to the Pueblos in accordance with—

(1)

the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and

(2)

this title.

(c)

Investment of the fund

The Secretary shall invest amounts in the Fund in accordance with—

(1)

the Act of April 1, 1880 (25 U.S.C. 161);

(2)

the first section of the Act of June 24, 1938 (25 U.S.C. 162a); and

(3)

the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).

(d)

Tribal management plan

(1)

In general

A Pueblo may withdraw all or part of the Pueblo’s portion of the Fund on approval by the Secretary of a tribal management plan as described in the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).

(2)

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 shall require that a Pueblo spend any amounts withdrawn from the Fund in accordance with the purposes described in section 117(c).

(3)

Enforcement

The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Fund under an approved tribal management plan are used in accordance with this title.

(4)

Liability

If a Pueblo or the Pueblos exercise the right to withdraw amounts from the Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the amounts withdrawn.

(5)

Expenditure plan

(A)

In general

The Pueblos shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Fund that the Pueblos do not withdraw under this subsection.

(B)

Description

The expenditure plan shall describe the manner in which, and the purposes for which, amounts remaining in the Fund will be used.

(C)

Approval

On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this title, the Settlement Agreement, and the Cost-Sharing and System Integration Agreement.

(D)

Annual report

The Pueblos shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report.

(6)

No per capita payments

No part of the principal of the Fund, or the interest or income accruing on the principal shall be distributed to any member of a Pueblo on a per capita basis.

(7)

Availability of amounts from the fund

(A)

Approval of settlement agreement

Amounts made available under subparagraphs (A) and (C) of section 117(c)(1) shall be available for expenditure or withdrawal only after the date on which the United States District Court for the District of New Mexico issues an order approving the Settlement Agreement.

(B)

Completion of certain portions of regional water system

Amounts made available under section 117(c)(1)(B) shall be available for expenditure or withdrawal only after those portions of the Regional Water System described in section 1.5.24 of the Settlement Agreement have been declared substantially complete by the Secretary.

(C)

Failure to fulfill conditions precedent

If the conditions precedent in section 123 have not been fulfilled by June 30, 2016, the United States shall be entitled to set off any funds expended or withdrawn from the amounts appropriated pursuant to section 117(c), together with any interest accrued, against any claims asserted by the Pueblos against the United States relating to the water rights in the Pojoaque Basin.

116.

Environmental compliance

(a)

In general

In carrying out this subtitle, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including—

(1)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(2)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(b)

National environmental policy Act

Nothing in this title affects the outcome of any analysis conducted by the Secretary or any other Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

117.

Authorization of appropriations

(a)

Regional water system

(1)

In general

Subject to paragraph (4), there is authorized to be appropriated to the Secretary for the planning, design, and construction of the Regional Water System and the conduct of environmental compliance activities under section 116 a total of $106,400,000 between fiscal years 2009 and 2021.

(2)

Priority of funding

Of the amounts authorized under paragraph (1), the Secretary shall give priority to funding—

(A)

the construction of the San Ildefonso portion of the Regional Water System, consisting of—

(i)

the surface water diversion, treatment, and transmission facilities at San Ildefonso Pueblo; and

(ii)

the San Ildefonso Pueblo portion of the Pueblo Water Facilities; and

(B)

that part of the Regional Water System providing 475 acre-feet to Pojoaque Pueblo pursuant to section 2.2 of the Settlement Agreement.

(3)

Adjustment

The amount authorized under paragraph (1) shall be adjusted annually to account for increases in construction costs since October 1, 2006, as determined using applicable engineering cost indices.

(4)

Limitations

(A)

In general

No amounts shall be made available under paragraph (1) for the construction of the Regional Water System until the date on which the United States District Court for the District of New Mexico issues an order approving the Settlement Agreement.

(B)

Record of decision

No amounts made available under paragraph (1) shall be expended unless the record of decision issued by the Secretary after completion of an environmental impact statement provides for a preferred alternative that is in substantial compliance with the proposed Regional Water System, as defined in the Engineering Report.

(b)

Acquisition of water rights

There is authorized to be appropriated to the Secretary funds for the acquisition of the water rights under section 113(a)(1)(B)—

(1)

in the amount of $5,400,000.00 if such acquisition is completed by December 31, 2009; and

(2)

the amount authorized under paragraph (b)(1) shall be adjusted according to the CPI Urban Index commencing January 1, 2010.

(c)

Aamodt settlement pueblos’ fund

(1)

In general

There is authorized to be appropriated to the Fund the following amounts for the period of fiscal years 2009 through 2021:

(A)

$8,000,000, which shall be allocated to the Pueblos, in accordance with section 2.7.1 of the Settlement Agreement, for the rehabilitation, improvement, operation, maintenance, and replacement of the agricultural delivery facilities, waste water systems, and other water-related infrastructure of the applicable Pueblo. The amount authorized herein shall be adjusted according to the CPI Urban Index commencing October 1, 2006.

(B)

$37,500,000, which shall be allocated to an account, to be established not later than January 1, 2016, to assist the Pueblos in paying the Pueblos’ share of the cost of operating, maintaining, and replacing the Pueblo Water Facilities and the Regional Water System.

(C)

$5,000,000 and any interest thereon, which shall be allocated to the Pueblo of Nambé for the acquisition of the Nambé reserved water rights in accordance with section 113(a)(1)(A). The amount authorized herein shall be adjusted according to the CPI Urban Index commencing January 1, 2011. The funds provided under this section may be used by the Pueblo of Nambé only for the acquisition of land, other real property interests, or economic development.

(2)

Operation, maintenance, and replacement costs

(A)

In general

Prior to conveyance of the Regional Water System pursuant to section 111, the Secretary shall pay any operation, maintenance or replacement costs associated with the Pueblo Water Facilities or the Regional Water System up to an amount that does not exceed $5,000,000, which is authorized to be appropriated to the Secretary.

(B)

Obligation of the Federal Government after completion

Except as provided in section 113(a)(4)(B), after construction of the Regional Water System is completed and the amounts required to be deposited in the account have been deposited under this section the Federal Government shall have no obligation to pay for the operation, maintenance, and replacement costs of the Regional Water System.

B

Pojoaque basin indian water rights settlement

121.

Settlement Agreement and contract approval

(a)

Approval

To the extent the Settlement Agreement and the Cost-Sharing and System Integration Agreement do not conflict with this title, the Settlement Agreement and the Cost-Sharing and System Integration Agreement (including any amendments to the Settlement Agreement and the Cost-Sharing and System Integration Agreement that are executed to make the Settlement Agreement or the Cost-Sharing and System Integration Agreement consistent with this title) are authorized, ratified, and confirmed.

(b)

Execution

To the extent the Settlement Agreement and the Cost-Sharing and System Integration Agreement do not conflict with this title, the Secretary shall execute the Settlement Agreement and the Cost-Sharing and System Integration Agreement (including any amendments that are necessary to make the Settlement Agreement or the Cost-Sharing and System Integration Agreement consistent with this title).

(c)

Authorities of the pueblos

(1)

In general

Each of the Pueblos may enter into contracts to lease or exchange water rights or to forbear undertaking new or expanded water uses for water rights recognized in section 2.1 of the Settlement Agreement for use within the Pojoaque Basin in accordance with the other limitations of section 2.1.5 of the Settlement Agreement provided that section 2.1.5 is amended accordingly.

(2)

Execution

The Secretary shall not execute the Settlement Agreement until such amendment is accomplished under paragraph (1).

(3)

Approval by Secretary

Consistent with the Settlement Agreement as amended under paragraph (1), the Secretary shall approve or disapprove a lease entered into under paragraph (1).

(4)

Prohibition on permanent alienation

No lease or contract under paragraph (1) shall be for a term exceeding 99 years, nor shall any such lease or contract provide for permanent alienation of any portion of the water rights made available to the Pueblos under the Settlement Agreement.

(5)

Applicable law

Section 2116 of the Revised Statutes (25 U.S.C. 177) shall not apply to any lease or contract entered into under paragraph (1).

(6)

Leasing or marketing of water supply

The water supply provided on behalf of the Pueblos pursuant to section 113(a)(1) may only be leased or marketed by any of the Pueblos pursuant to the intergovernmental agreements described in section 114(c)(2).

(d)

Amendments to contracts

The Secretary shall amend the contracts relating to the Nambe Falls Dam and Reservoir that are necessary to use water supplied from the Nambe Falls Dam and Reservoir in accordance with the Settlement Agreement.

122.

Environmental compliance

(a)

Effect of execution of settlement agreement

The execution of the Settlement Agreement under section 121(b) shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b)

Compliance with environmental laws

In carrying out this subtitle, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including—

(1)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(2)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

123.

Conditions precedent and enforcement date

(a)

Conditions precedent

(1)

In general

Upon the fulfillment of the conditions precedent described in paragraph (2), the Secretary shall publish in the Federal Register a statement of finding that the conditions have been fulfilled.

(2)

Requirements

The conditions precedents referred to in paragraph (1) are the conditions that—

(A)

to the extent that the Settlement Agreement conflicts with this title, the Settlement Agreement has been revised to conform with this title;

(B)

the Settlement Agreement, so revised, including waivers and releases pursuant to section 124, has been executed by the appropriate parties and the Secretary;

(C)

Congress has fully appropriated, or the Secretary has provided from other authorized sources, all funds authorized by section 117, with the exception of subsection (a)(1) of that section, by June 30, 2016;

(D)

the State of New Mexico has enacted any necessary legislation and provided any funding that may be required under the Settlement Agreement;

(E)

a partial final decree that sets forth the water rights and other rights to water to which the Pueblos are entitled under the Settlement Agreement and this title and that substantially conforms to the Settlement Agreement has been approved by the United States District Court for the District of New Mexico; and

(F)

a final decree that sets forth the water rights for all parties to the Aamodt Case and that substantially conforms to the Settlement Agreement has been approved by the United States District Court for the District of New Mexico by December 15, 2012, or within the time period of any extension of that deadline granted by that court.

(b)

Enforcement date

The Settlement Agreement shall become enforceable as of the date that the United States District Court for the District of New Mexico enters a partial final decree pursuant to subsection (a)(2)(E) and an Interim Administrative Order consistent with the Settlement Agreement. The waivers and releases executed pursuant to section 124 shall become effective as of the date that the conditions precedent described in subsection (a)(2) have been fulfilled.

(c)

Expiration

If the parties to the Settlement Agreement entitled to provide notice regarding the lack of substantial completion of the Regional Water System provide such notice in accordance with section 10.3 of the Settlement Agreement, the Settlement Agreement shall no longer be effective, the waivers and releases executed pursuant to section 124 shall no longer be effective, and any unexpended Federal funds, together with any income earned thereon, and title to any property acquired or constructed with expended Federal funds, shall be returned to the Federal Government unless otherwise agreed to by the appropriate parties in writing and approved by Congress.

124.

Waivers and releases

(a)

Claims by the pueblo and the United States

The Pueblos, on behalf of themselves and their members, and the United States, acting in its capacity as trustee for the Pueblos, as part of their obligations under the Settlement Agreement, shall each execute a waiver and release of—

(1)

all past, present, and future claims to surface and groundwater rights that the Pueblos, or the United States on behalf of the Pueblos, asserted or could have asserted in the Aamodt Case;

(2)

all past, present, and future claims for damages, losses or injuries to water rights or claims of interference, diversion or taking of water for lands within the Pojoaque Basin that accrued at any time up to and including the enforcement date identified in section 123(b), that the Pueblos or their members, or the United States on behalf of the Pueblos, asserted or could have asserted against the parties to the Aamodt Case;

(3)

their defenses in the Aamodt Case to the claims previously asserted therein by the other Settlement Parties; and

(4)

all pending inter se challenges against other parties to the Settlement Agreement.

(b)

Claims by the pueblos

The Pueblos, on behalf of themselves and their members, as part of their obligations under the Settlement Agreement, shall execute a waiver and release of—

(1)

all causes of action against the United States, its agencies, or employees, arising out of all past, present, and future claims for water rights that were asserted, or could have been asserted, by the United States as trustee for the Pueblos and on behalf of the Pueblos in the Aamodt case;

(2)

all claims for damages, losses or injuries to water rights or claims of interference, diversion or taking of water for lands within the Pojoaque Basin that accrued at any time up to and including the enforcement date identified in section 123(b), that the Pueblos or their members may have against the United States, its agencies, or employees; and

(3)

all claims arising out of or resulting from the negotiation or the adoption of the Settlement Agreement, exhibits thereto, the Final Decree, or this title, that the Pueblos of their members may have against the United States, its agencies, agents or employees.

(c)

Reservation of rights and retention of claims

Notwithstanding subsections (a) and (b), and except as otherwise provided in the Settlement Agreement, the Pueblos and the United States shall retain—

(1)

all claims for water rights or injuries to water rights arising out of activities occurring outside the Pojoaque Basin except insofar as such claims are specifically addressed in the Cost-Sharing and System Integration Agreement;

(2)

all claims for enforcement of the Settlement Agreement, the Final Decree, or this title, through such legal and equitable remedies as may be available in any court of competent jurisdiction;

(3)

all rights to use and protect water rights acquired pursuant to state law to the extent not inconsistent with the Final Decree and the Settlement Agreement;

(4)

all claims relating to activities affecting the quality of water; and

(5)

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

(d)

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 Enforcement Date.

(2)

No revival of claims

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.

125.

Effect

Nothing in this title or the Settlement Agreement affects the land and water rights, claims, or entitlements to water of any Indian tribe, pueblo, or community other than the Pueblos.

II

Taos Pueblo Indian Water Rights Settlement Act

201.

Short title

This title may be cited as the Taos Pueblo Indian Water Rights Settlement Act.

202.

Purpose

The purposes of this title are—

(1)

to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement Agreement;

(2)

to authorize and direct the Secretary to execute the Settlement Agreement and to perform all obligations of the Secretary under the Settlement Agreement and this title; and

(3)

to authorize all actions and appropriations necessary for the United States to meet its obligations under the Settlement Agreement and this title.

203.

Definitions

In this title:

(1)

Eligible non-Pueblo entities

The term Eligible Non-Pueblo Entities means the Town of Taos, EPWSD, and the New Mexico Department of Finance and Administration Local Government Division on behalf of the Acequia Madre del Rio Lucero y del Arroyo Seco, the Acequia Madre del Prado, the Acequia del Monte, the Acequia Madre del Rio Chiquito, the Upper Ranchitos Mutual Domestic Water Consumers Association, the Upper Arroyo Hondo Mutual Domestic Water Consumers Association, and the Llano Quemado Mutual Domestic Water Consumers Association.

(2)

Enforcement date

The term Enforcement Date means the date upon which all conditions precedent set forth in section 210(f)(2) have been fulfilled.

(3)

Mutual-benefit projects

The term Mutual-Benefit Projects means the projects described and identified in Articles 6 and 10.1 of the Settlement Agreement.

(4)

Partial final decree

The term Partial Final Decree means the Decree entered in New Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896–BB (U.S. D.N.M.) and 7939–BB (U.S. D.N.M) (consolidated), for the resolution of the Pueblo's water right claims and which is substantially in the form agreed to by the Parties and attached to the Settlement Agreement as Attachment 5.

(5)

Parties

The term Parties means the Parties to the Settlement Agreement, as identified in Article 1 of the Settlement Agreement.

(6)

Pueblo

The term Pueblo means the Taos Pueblo, a sovereign Indian Tribe duly recognized by the United States of America.

(7)

Pueblo lands

The term Pueblo lands means those lands located within the Taos Valley to which the Pueblo, or the United States in its capacity as trustee for the Pueblo, holds title subject to Federal law limitations on alienation. Such lands include Tracts A, B, and C, the Pueblo’s land grant, the Blue Lake Wilderness Area, and the Tenorio and Karavas Tracts and are generally depicted in Attachment 2 to the Settlement Agreement.

(8)

San Juan-Chama Project

The term San Juan-Chama Project means the Project authorized by section 8 of the Act of June 13, 1962 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 Stat. 105).

(9)

Secretary

The term Secretary means the Secretary of the Interior.

(10)

Settlement agreement

The term Settlement Agreement means the contract dated March 31, 2006, between and among—

(A)

the United States, acting solely in its capacity as trustee for Taos Pueblo;

(B)

the Taos Pueblo, on its own behalf;

(C)

the State of New Mexico;

(D)

the Taos Valley Acequia Association and its 55 member ditches (TVAA);

(E)

the Town of Taos;

(F)

El Prado Water and Sanitation District (EPWSD); and

(G)

the 12 Taos area Mutual Domestic Water Consumers Associations (MDWCAs),

as amended to conform with this title.
(11)

State Engineer

The term State Engineer means the New Mexico State Engineer.

(12)

Taos Valley

The term Taos Valley means the geographic area depicted in Attachment 4 of the Settlement Agreement.

204.

Pueblo rights

(a)

In general

Those rights to which the Pueblo is entitled under the Partial Final Decree shall be held in trust by the United States on behalf of the Pueblo and shall not be subject to forfeiture, abandonment or permanent alienation.

(b)

Subsequent act of congress

The Pueblo shall not be denied all or any part of its rights held in trust absent its consent unless such rights are explicitly abrogated by an Act of Congress hereafter enacted.

205.

Pueblo water infrastructure and watershed enhancement

(a)

In general

The Secretary, acting through the Commissioner of Reclamation, shall provide grants and technical assistance to the Pueblo on a nonreimbursable basis to—

(1)

plan, permit, design, engineer, construct, reconstruct, replace, or rehabilitate water production, treatment, and delivery infrastructure;

(2)

restore, preserve, and protect the environment associated with the Buffalo Pasture area; and

(3)

protect and enhance watershed conditions.

(b)

Availability of grants

Upon the Enforcement Date, all amounts appropriated pursuant to section 210(c)(1) shall be available in grants to the Pueblo after the requirements of subsection (c) have been met.

(c)

Plan

The Secretary shall provide financial assistance pursuant to subsection (a) upon the Pueblo’s submittal of a plan that identifies the projects to be implemented consistent with the purposes of this section and describes how such projects are consistent with the Settlement Agreement.

(d)

Early funds

Notwithstanding subsection (b), $10,000,000 of the monies authorized to be appropriated pursuant to section 210(c)(1)—

(1)

shall be made available in grants to the Pueblo by the Secretary upon appropriation or availability of the funds from other authorized sources; and

(2)

shall be distributed by the Secretary to the Pueblo on receipt by the Secretary from the Pueblo of a written notice, a Tribal Council resolution that describes the purposes under subsection (a) for which the monies will be used, and a plan under subsection (c) for this portion of the funding.

206.

Taos Pueblo Water Development Fund

(a)

Establishment

There is established in the Treasury of the United States a fund to be known as the Taos Pueblo Water Development Fund (hereinafter, “Fund”) to be used to pay or reimburse costs incurred by the Pueblo for—

(1)

acquiring water rights;

(2)

planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment or delivery infrastructure, on-farm improvements, or wastewater infrastructure;

(3)

restoring, preserving and protecting the Buffalo Pasture, including planning, permitting, designing, engineering, constructing, operating, managing and replacing the Buffalo Pasture Recharge Project;

(4)

administering the Pueblo’s water rights acquisition program and water management and administration system; and

(5)

for watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs related to the negotiation, authorization, and implementation of the Settlement Agreement.

(b)

Management of the Fund

The Secretary shall manage the Fund, invest amounts in the Fund, and make monies available from the Fund for distribution to the Pueblo consistent with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001, et seq.) (hereinafter, Trust Fund Reform Act), this title, and the Settlement Agreement.

(c)

Investment of the Fund

The Secretary shall invest amounts in the Fund in accordance with—

(1)

the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 161);

(2)

the first section of the Act of June 24, 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and

(3)

the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).

(d)

Availability of amounts from the fund

Upon the Enforcement Date, all monies deposited in the Fund pursuant to section 210(c)(2) shall be available to the Pueblo for expenditure or withdrawal after the requirements of subsection (e) have been met.

(e)

Expenditures and withdrawal

(1)

Tribal management plan

(A)

In general

The Pueblo may withdraw all or part of the Fund on approval by the Secretary of a tribal management plan as described in the Trust Fund Reform Act.

(B)

Requirements

In addition to the requirements under the Trust Fund Reform Act, the tribal management plan shall require that the Pueblo spend any funds in accordance with the purposes described in subsection (a).

(2)

Enforcement

The Secretary may take judicial or administrative action to enforce the requirement that monies withdrawn from the Fund are used for the purposes specified in subsection (a).

(3)

Liability

If the Pueblo exercises the right to withdraw monies from the Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the monies withdrawn.

(4)

Expenditure plan

(A)

In general

The Pueblo shall submit to the Secretary for approval an expenditure plan for any portions of the funds made available under this title that the Pueblo does not withdraw under paragraph (1)(A) .

(B)

Description

The expenditure plan shall describe the manner in which, and the purposes for which, amounts remaining in the Fund will be used.

(C)

Approval

On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this title.

(5)

Annual report

The Pueblo shall submit to the Secretary an annual report that describes all expenditures from the Fund during the year covered by the report.

(f)

Funds available upon appropriation

Notwithstanding subsection (d), $15,000,000 of the monies authorized to be appropriated pursuant to section 210(c)(2)—

(1)

shall be available upon appropriation for the Pueblo’s acquisition of water rights in fulfillment of the Settlement Agreement, the Buffalo Pasture Recharge Project, implementation of the Pueblo’s water rights acquisition program and water management and administration system, the design, planning, and permitting of water or wastewater infrastructure eligible for funding under sections 205 or 206, or costs related to the negotiation, authorization, and implementation of the Settlement Agreement; and

(2)

shall be distributed by the Secretary to the Pueblo on receipt by the Secretary from the Pueblo of a written notice and a Tribal Council resolution that describes the purposes under paragraph (1) for which the monies will be used.

(g)

No per capita distributions

No part of the Fund shall be distributed on a per capita basis to members of the Pueblo.

207.

Marketing

(a)

Pueblo water rights

Subject to the approval of the Secretary in accordance with subsection (e), the Pueblo may market water rights secured to it under the Settlement Agreement and Partial Final Decree, provided that such marketing is in accordance with this section.

(b)

Pueblo contract rights to San Juan-Chama Project water

Subject to the approval of the Secretary in accordance with subsection (e), the Pueblo may subcontract water made available to the Pueblo under the contract authorized under section 209(b)(1)(A) to third parties to supply water for use within or without the Taos Valley, provided that the delivery obligations under such subcontract are not inconsistent with the Secretary’s existing San Juan-Chama Project obligations and such subcontract is in accordance with this section.

(c)

Limitation

(1)

In general

Diversion or use of water off Pueblo Lands pursuant to Pueblo water rights or Pueblo contract rights to San Juan-Chama Project water shall be subject to and not inconsistent with the same requirements and conditions of State law, any applicable Federal law, and any applicable interstate compact as apply to the exercise of water rights or contract rights to San Juan-Chama Project water held by non-Federal, non-Indian entities, including all applicable State Engineer permitting and reporting requirements.

(2)

Effect on water rights

Such diversion or use off Pueblo Lands under paragraph (1) shall not impair water rights or increase surface water depletions within the Taos Valley.

(d)

Maximum term

(1)

In general

The maximum term of any water use lease or subcontract, including all renewals, shall not exceed 99 years in duration.

(2)

Alienation of rights

The Pueblo shall not permanently alienate any rights it has under the Settlement Agreement, the Partial Final Decree, and this title.

(e)

Approval of Secretary

The Secretary shall approve or disapprove any lease or subcontract submitted by the Pueblo for approval not later than—

(1)

180 days after submission; or

(2)

60 days after compliance, if required, with the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or any other requirement of Federal law, whichever is later, provided that no Secretarial approval shall be required for any water use lease or subcontract with a term of less than 7 years.

(f)

No forfeiture or abandonment

The nonuse by a lessee or subcontractor of the Pueblo of any right to which the Pueblo is entitled under the Partial Final Decree shall in no event result in a forfeiture, abandonment, relinquishment, or other loss of all or any part of those rights.

(g)

No preemption

(1)

In general

The approval authority of the Secretary provided under subsection (e) shall not amend, construe, supersede, or preempt any State or Federal law, interstate compact, or international treaty that pertains to the Colorado River, the Rio Grande, or any of their tributaries, including the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quantity of those waters.

(2)

Applicable law

The provisions of section 2116 of the Revised Statutes (25 U.S.C. 177) shall not apply to any water made available under the Settlement Agreement.

(h)

No prejudice

Nothing in this title shall be construed to establish, address, prejudice, or prevent any party from litigating whether or to what extent any applicable State law, Federal law or interstate compact does or does not permit, govern, or apply to the use of the Pueblo's water outside of New Mexico.

208.

Mutual-benefit projects

(a)

In general

Upon the Enforcement Date, the Secretary, acting through the Commissioner of Reclamation, shall provide financial assistance in the form of grants on a nonreimbursable basis to Eligible Non-Pueblo Entities to plan, permit, design, engineer, and construct the Mutual Benefits Projects in accordance with the Settlement Agreement—

(1)

to minimize adverse impacts on the Pueblo's water resources by moving future non-Indian ground water pumping away from the Pueblo’s Buffalo Pasture; and

(2)

to implement the resolution of a dispute over the allocation of certain surface water flows between the Pueblo and non-Indian irrigation water right owners in the community of Arroyo Seco Arriba.

(b)

Cost-sharing

(1)

Federal share

The Federal share of the total cost of planning, designing, and constructing the Mutual Benefit Projects authorized in subsection (a) shall be 75 percent and shall be nonreimbursable.

(2)

Non-Federal share

The non-Federal share of the total cost of planning, designing, and constructing the Mutual Benefit Projects shall be 25 percent and may be in the form of in-kind contributions, including the contribution of any valuable asset or service that the Secretary determines would substantially contribute to completing the Mutual Benefit Projects.

209.

San Juan-Chama Project contracts

(a)

In general

Contracts issued under this section shall be in accordance with this title and the Settlement Agreement.

(b)

Contracts for San Juan-Chama Project water

(1)

In general

The Secretary shall enter into 3 repayment contracts by December 31, 2009, for the delivery of San Juan-Chama Project water in the following amounts:

(A)

2,215 acre-feet/annum to the Pueblo.

(B)

366 acre-feet/annum to the Town of Taos.

(C)

40 acre-feet/annum to EPWSD.

(2)

Requirements

Each such contract shall provide that if the conditions precedent set forth in section 210(f)(2) have not been fulfilled by December 31, 2015, the contract shall expire on that date.

(c)

Waiver

With respect to the contracts authorized and required by subsection (b)(1) and notwithstanding the provisions of Public Law 87–483 (76 Stat. 96) or any other provision of law—

(1)

the Secretary shall waive the entirety of the Pueblo’s share of the construction costs, both principal and the interest, for the San Juan-Chama Project and pursuant to that waiver, the Pueblo’s share of all construction costs for the San Juan-Chama Project, inclusive of both principal and interest shall be nonreimbursable; and

(2)

the Secretary’s waiver of the Pueblo’s share of the construction costs for the San Juan-Chama Project will not result in an increase in the pro rata shares of other San Juan-Chama Project water contractors, but such costs shall be absorbed by the United States Treasury or otherwise appropriated to the Department of the Interior.

210.

Authorizations, ratifications, confirmations, and conditions precedent

(a)

Ratification

(1)

In general

Except to the extent that any provision of the Settlement Agreement conflicts with any provision of this title, the Settlement Agreement is authorized, ratified, and confirmed.

(2)

Amendments

To the extent amendments are executed to make the Settlement Agreement consistent with this title, such amendments are also authorized, ratified, and confirmed.

(b)

Execution of settlement agreement

To the extent that the Settlement Agreement does not conflict with this title, the Secretary shall execute the Settlement Agreement, including all exhibits to the Settlement Agreement requiring the signature of the Secretary and any amendments necessary to make the Settlement Agreement consistent with this title, after the Pueblo has executed the Settlement Agreement and any such amendments.

(c)

Authorization of appropriations

(1)

Taos Pueblo Infrastructure and Watershed Fund

There is authorized to be appropriated to the Secretary to provide grants pursuant to section 205, $30,000,000, as adjusted under paragraph (4), for the period of fiscal years 2009 through 2015.

(2)

Taos Pueblo Water Development Fund

There is authorized to be appropriated to the Taos Pueblo Water Development Fund, established at section 206(a), $50,000,000, as adjusted under paragraph (4), for the period of fiscal years 2009 through 2015.

(3)

Mutual-benefit projects funding

There is further authorized to be appropriated to the Secretary to provide grants pursuant to section 208, a total of $33,000,000, as adjusted under paragraph (4), for the period of fiscal years 2009 through 2015.

(4)

Adjustments to amounts authorized

The amounts authorized to be appropriated under paragraphs (1) through (3) shall be adjusted by such amounts as may be required by reason of changes since April 1, 2007, in construction costs, as indicated by engineering cost indices applicable to the types of construction or rehabilitation involved.

(5)

Deposit in fund

Except for the funds to be provided to the Pueblo pursuant to section 205(d), the Secretary shall deposit the funds made available pursuant to paragraphs (1) and (3) into a Taos Settlement Fund to be established within the Treasury of the United States so that such funds may be made available to the Pueblo and the Eligible Non-Pueblo Entities upon the Enforcement Date as set forth in sections 205(b) and 208(a).

(d)

Authority of the Secretary

The Secretary is authorized to enter into such agreements and to take such measures as the Secretary may deem necessary or appropriate to fulfill the intent of the Settlement Agreement and this title.

(e)

Environmental compliance

(1)

Effect of execution of settlement agreement

The Secretary’s execution of the Settlement Agreement shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)

Compliance with environmental laws

In carrying out this title, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(f)

Conditions precedent and secretarial finding

(1)

In general

Upon the fulfillment of the conditions precedent described in paragraph (2), the Secretary shall publish in the Federal Register a statement of finding that the conditions have been fulfilled.

(2)

Conditions

The conditions precedent referred to in paragraph (1) are the following:

(A)

The President has signed into law the Taos Pueblo Indian Water Rights Settlement Act.

(B)

To the extent that the Settlement Agreement conflicts with this title, the Settlement Agreement has been revised to conform with this title.

(C)

The Settlement Agreement, so revised, including waivers and releases pursuant to section 211, has been executed by the Parties and the Secretary prior to the Parties’ motion for entry of the Partial Final Decree.

(D)

Congress has fully appropriated or the Secretary has provided from other authorized sources all funds authorized by paragraphs (1) through (3) of subsection (c) so that the entire amounts so authorized have been previously provided to the Pueblo pursuant to sections 205 and 206, or placed in the Taos Pueblo Water Development Fund or the Taos Settlement Fund as directed in subsection (c).

(E)

The Legislature of the State of New Mexico has fully appropriated the funds for the State contributions as specified in the Settlement Agreement, and those funds have been deposited in appropriate accounts.

(F)

The State of New Mexico has enacted legislation that amends NMSA 1978, section 72–6–3 to state that a water use due under a water right secured to the Pueblo under the Settlement Agreement or the Partial Final Decree may be leased for a term, including all renewals, not to exceed 99 years, provided that this condition shall not be construed to require that said amendment state that any State law based water rights acquired by the Pueblo or by the United States on behalf of the Pueblo may be leased for said term.

(G)

A Partial Final Decree that sets forth the water rights and contract rights to water to which the Pueblo is entitled under the Settlement Agreement and this title and that substantially conforms to the Settlement Agreement and Attachment 5 thereto has been approved by the Court and has become final and nonappealable.

(g)

Enforcement date

The Settlement Agreement shall become enforceable, and the waivers and releases executed pursuant to section 211 and the limited waiver of sovereign immunity set forth in section 212(a) shall become effective, as of the date that the conditions precedent described in subsection (f)(2) have been fulfilled.

(h)

Expiration date

(1)

In general

If all of the conditions precedent described in section (f)(2) have not been fulfilled by December 31, 2015, the Settlement Agreement shall be null and void, the waivers and releases executed pursuant to section 211 shall not become effective, and any unexpended Federal funds, together with any income earned thereon, and title to any property acquired or constructed with expended Federal funds, shall be returned to the Federal Government, unless otherwise agreed to by the Parties in writing and approved by Congress.

(2)

Exception

Notwithstanding subsection (h)(1) or any other provision of law, any unexpended Federal funds, together with any income earned thereon, made available under sections 205(d) and 206(f) and title to any property acquired or constructed with expended Federal funds made available under sections 205(d) and 206(f) shall be retained by the Pueblo.

(3)

Right to set-off

In the event the conditions precedent set forth in subsection (f)(2) have not been fulfilled by December 31, 2015, the United States shall be entitled to set off any funds expended or withdrawn from the amount appropriated pursuant to paragraphs (1) and (2) of subsection (c) or made available from other authorized sources, together with any interest accrued, against any claims asserted by the Pueblo against the United States relating to water rights in the Taos Valley.

211.

Waivers and releases

(a)

Claims by the pueblo and the United States

The Pueblo, on behalf of itself and its members, and the United States, acting through the Secretary in its capacity as trustee for the Pueblo, as part of their obligations under the Settlement Agreement, shall each execute a waiver and release of claims against all Parties to the Settlement Agreement, including individual members of signatory Acequias, from—

(1)

all past, present, and future claims to surface and groundwater rights that the Pueblo, or the United States on behalf of the Pueblo, asserted or could have asserted in New Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896–BB (U.S. D.N.M.) and 7939–BB (U.S. D.N.M.) (consolidated);

(2)

all past, present, and future claims for damages, losses or injuries to water rights or claims of interference, diversion or taking of water for lands within the Taos Valley that accrued from time immemorial through the Enforcement Date that the Pueblo, or the United States on behalf of the Pueblo, asserted or could have asserted;

(3)

all past, present, and future claims to surface and groundwater rights to the use of Rio Grande mainstream or tributary water, whether presently known or unknown, whether for consumptive or nonconsumptive use, that the Pueblo, or the United States on behalf of the Pueblo, could assert in any present or future water rights adjudication proceeding that are not based on ownership of land or that are based on Pueblo or United States ownership of lands or water rights at any time prior to the Enforcement Date, except that nothing in this paragraph shall be construed to prevent the Pueblo or the United States from fully participating in the inter se phase of any such present or future water rights adjudication proceeding;

(4)

all past, present, and future claims for damages, losses or injuries to water rights or claims of interference, diversion or taking of Rio Grande mainstream or tributary water that accrued from time immemorial through the Enforcement Date that the Pueblo, or the United States on behalf of the Pueblo, asserted or could have asserted; and

(5)

all past, present, and future claims arising out of or resulting from the negotiation or the adoption of the Settlement Agreement, attachments thereto, or any specific terms and provisions thereof, against the State of New Mexico, its agencies, agents or employees.

(b)

Claims by the Pueblo

The Pueblo, on behalf of itself and its members, as part of its obligations under the Settlement Agreement, shall execute a waiver and release of claims against the United States, its agencies, and its employees from—

(1)

all past, present, and future claims for water rights that were asserted, or could have been asserted, by the United States as trustee for the Pueblo and on behalf of the Pueblo in New Mexico v. Abeyta and New Mexico v. Arellano, Civil Nos. 7896–BB (U.S. D.N.M.) and 7939–BB (U.S. D.N.M) (consolidated);

(2)

all past, present, and future claims for damages, losses or injuries to water rights or all past, present, and future claims for failure to intervene or act on the Pueblo’s behalf in the protection of its water rights, or all past, present, and future claims for failure to acquire and/or develop the water rights and resources of the Pueblo, that accrued from time immemorial through the Enforcement Date; and

(3)

all past, present, and future claims arising out of or resulting from the negotiation or the adoption of the Settlement Agreement, attachments thereto, or negotiation and enactment of this title or any specific terms and provisions thereof, against the United States, its agencies, agents or employees.

(c)

Reservation of rights and retention of claims

Notwithstanding subsections (a) and (b), the Pueblo and its members, and the United States, as trustee for the Pueblo and its members, shall retain the following rights and claims:

(1)

All claims against persons other than the Parties to the Settlement Agreement for injuries to water rights arising out of activities occurring outside the Taos Valley or the Taos Valley Stream System.

(2)

All claims for enforcement of the Settlement Agreement, the San Juan-Chama Project contract between the Pueblo and the United States, the Partial Final Decree, or this title, through such legal and equitable remedies as may be available in any court of competent jurisdiction.

(3)

All rights to use and protect water rights acquired pursuant to state law, to the extent not inconsistent with the Partial Final Decree and the Settlement Agreement.

(4)

All claims relating to activities affecting the quality of water.

(5)

All rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to the Settlement Agreement or this title.

(d)

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 Enforcement Date.

(2)

No revival of claims

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 title.

(3)

Limitation

Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law.

212.

Interpretation and enforcement

(a)

Limited waiver of sovereign immunity

Upon and after the Enforcement Date, if any Party to the Settlement Agreement brings an action in any court of competent jurisdiction over the subject matter relating only and directly to the interpretation or enforcement of the Settlement Agreement or this title, and names the United States or the Pueblo as a party, then the United States, the Pueblo, or both may be added as a party to any such action, and any claim by the United States or the Pueblo to sovereign immunity from the action is waived, but only for the limited and sole purpose of such interpretation or enforcement, and no waiver of sovereign immunity is made for any action against the United States or the Pueblo that seeks money damages.

(b)

Subject matter jurisdiction not affected

Nothing in this title shall be deemed as conferring, restricting, enlarging, or determining the subject matter jurisdiction of any court, including the jurisdiction of the court that enters the Partial Final Decree adjudicating the Pueblo’s water rights.

(c)

Regulatory authority not affected

Nothing in this title shall be deemed to determine or limit any authority of the State or the Pueblo to regulate or administer waters or water rights now or in the future.

213.

Disclaimer

Nothing in the Settlement Agreement or this title shall be construed in any way to quantify or otherwise adversely affect the land and water rights, claims, or entitlements to water of any other Indian tribe.