,i #aagth ,,congress #b;d ,session ,h4 ,r4 #hiba ,,in ,,the ,,house ,,of ,,representatives ,september #bj1 #bjbb,ms4 ,leger ,fernandez 7for herself and ,ms4 ,stansbury7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to approve the settlement of water rights claims of the ,pueblos of ,jemez and ,zia in the ,state of ,new ,mexico1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,pueblos of ,jemez and ,zia ,water ,rights ,settlement ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,sec4 #d4 ,ratification of ,agreement4,sec4 #e4 ,pueblo ,water ,right4,sec4 #f4 ,settlement trust funds4,sec4 #g4 ,funding4,sec4 #h4 ,waivers and releases of claims4,sec4 #i4 ,satisfaction of claims4,sec4 #aj4 ,enforceability date4,sec4 #aa4 ,miscellaneous provisions4,sec4 #ab4 ,antideficiency4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all claims to water rights in the ,jemez ,river ,stream ,system in the ,state of ,new ,mexico for-- 7,a7 the ,pueblo of ,jemez2 7,b7 the ,pueblo of ,zia2 and 7,c7 the ,united ,states1 acting as trustee for the ,pueblos of ,jemez and ,zia2 7#b7 to authorize1 ratify1 and confirm the ,agreement entered into by the ,pueblos1 the ,state1 and various other parties to the extent that the ,agreement is consistent with this ,act2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the ,agreement2 and 7,b7 to take any other actions necessary to carry out the ,agreement in accordance with this ,act2 and 7#d7 to authorize funds necessary for the implementation of the ,agreement and this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,adjudication ,the term ,adjudication means the adjudication of water rights pending before the ,united ,states ,district ,court for the ,district of ,new ,mexico3 ,united ,states of ,america1 on its own behalf1 and on behalf of the ,pueblos of ,jemez1 ,santa ,ana1 and ,zia1 ,state of ,new ,mexico1 ex rel4 ,state ,engineer1 ,plaintiffs1 and ,pueblos of ,jemez1 ,santa ,ana1 and ,zia1 ,plaintiffs-in-,intervention v4 ,tom ,abousleman1 et al41 ,defendants1 ,civil ,no4 #hc-;cv-#jajda 7,,kr74 7#b7 ,agreement ,the term ,agreement means-- 7,a7 the document entitled ,pueblos of ,jemez and ,zia ,water ,rights ,settlement ,agreement and dated ,may #aa1 #bjbb1 and the appendices and exhibits attached thereto2 and 7,b7 any amendment to the document referred to in subparagraph 7,a7 7including an amendment to an appendix or exhibit7 that is executed to ensure that the ,agreement is consistent with this ,act4 7#c7 ,enforceability ,date ,the term ,enforceability ,date means the date described in section #aj4 7#d7 ,jemez ,river ,stream ,system ,the term ,jemez ,river ,stream ,system means the geographic extent of the area involved in the ,adjudication4 7#e7 ,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-- 7,a7 that is substantially in the form described in the ,agreement1 as amended to ensure consistency with this ,act2 and 7,b7 from which no further appeal may be taken4 7#f7 ,pueblo ,the term ,pueblo means either of-- 7,a7 the ,pueblo of ,jemez2 or 7,b7 the ,pueblo of ,zia4 7#g7 ,pueblo ,land ,the term ,pueblo ,land means any real property that is-- 7,a7 held by the ,united ,states in trust for a ,pueblo within the ,jemez ,river ,stream ,system2 7,b7 owned by a ,pueblo within the ,jemez ,river ,stream ,system before the date on which a court approves the ,agreement2 or 7,c7 acquired by a ,pueblo on or after the date on which a court approves the ,agreement if the real property-- 7i7 is located within the exterior boundaries of the ,pueblo1 as recognized and confirmed by a patent issued under the ,act of ,december #bb1 #aheh 7#aa ,stat4 #cgd1 chapter ,v72 7ii7 is located within the exterior boundaries of any territory set aside for a ,pueblo by law1 ,executive order1 or court decree2 7iii7 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 ,pueblo1 as recognized and confirmed by a patent issued under the ,act of ,december #bb1 #aheh 7#aa ,stat4 #cgd1 chapter ,v72 or 7iv7 is located within the exterior boundaries of any real property located outside the ,jemez ,river ,stream ,system set aside for a ,pueblo by law1 ,executive order1 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 #a1 #bjbb4 7#h7 ,pueblo ,trust ,fund ,the term ,pueblo ,trust ,fund means-- 7,a7 the ,pueblo of ,jemez ,settlement ,trust ,fund established under section #f7;a72 and 7,b7 the ,pueblo of ,zia ,settlement ,trust ,fund established under that section4 7#i7 ,pueblo ,water ,right ,the term ,pueblo ,water ,right means the water right of a ,pueblo-- 7,a7 as identified in the ,agreement and section #e of this ,act2 and 7,b7 as confirmed in the ,partial ,final ,judgment and ,decree4 7#aj7 ,pueblos ,the term ,pueblos means-- 7,a7 the ,pueblo of ,jemez2 and 7,b7 the ,pueblo of ,zia4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ab7 ,state ,the term ,state means the ,state of ,new ,mexico and all officers1 agents1 departments1 and political subdivisions of the ,state of ,new ,mexico4 #d4 ,ratification of ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this ,act and to the extent that the ,agreement does not conflict with this ,act1 the ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment to the ,agreement1 or to any appendix or exhibit attached to the ,agreement requiring the signature of the ,secretary1 is executed in accordance with this ,act to make the ,agreement consistent with this ,act1 the amendment is authorized1 ratified1 and confirmed4 7b7 ,execution 7#a7 ,in general ,to the extent the ,agreement does not conflict with this ,act1 the ,secretary shall execute the ,agreement1 including all appendices or exhibits to1 or parts of1 the ,agreement requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this ,act prohibits the ,secretary1 after execution of the ,agreement1 from approving any modification to the ,agreement1 including an appendix or exhibit to the ,agreement1 that is consistent with this ,act1 to the extent that the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable provision of ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,agreement and this ,act1 the ,secretary shall comply with-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7,c7 all other applicable ,federal environmental laws and regulations4 7#b7 ,compliance 7,a7 ,in general ,in implementing the ,agreement and this ,act1 the ,pueblos shall prepare any necessary environmental documents1 consistent with-- 7i7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7iii7 all other applicable ,federal environmental laws and regulations4 7,b7 ,authorizations ,the ,secretary shall-- 7i7 independently evaluate the documentation required under subparagraph 7,a72 and 7ii7 be responsible for the accuracy1 scope1 and contents of that documentation4 7#c7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,costs ,any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the ,pueblo ,trust ,funds1 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 ,secretary4 #e4 ,pueblo ,water ,right 7a7 ,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 ,act4 7b7 ,forfeiture and abandonment ,the ,pueblo ,water ,right shall not be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law4 7c7 ,use ,any use of the ,pueblo ,water ,right shall be subject to the terms and conditions of the ,agreement and this ,act4 7d7 ,authority of the ,pueblos 7#a7 ,in general ,the ,pueblos shall have the authority to allocate1 distribute1 and lease the ,pueblo ,water ,right for use on ,pueblo ,land in accordance with the ,agreement1 this ,act1 and applicable ,federal law4 7#b7 ,use off ,pueblo land ,the ,pueblos may allocate1 distribute1 and lease the ,pueblo ,water ,right for use off ,pueblo ,land in accordance with the ,agreement1 this ,act1 and applicable ,federal law1 subject to the approval of the ,secretary4 7e7 ,administration 7#a7 ,no alienation ,the ,pueblos shall not permanently alienate any portion of the ,pueblo ,water ,right4 7#b7 ,purchases or grants of land from ,indians ,an authorization provided by this ,act for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this ,act shall be considered to satisfy any requirement for authorization of the action required by ,federal law4 7#c7 ,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 forfeiture1 abandonment1 relinquishment1 or other loss of all or any portion of the ,pueblo ,water ,right4 #f4 ,settlement trust funds 7a7 ,establishment ,the ,secretary shall establish #b trust funds1 to be known as the ,pueblo of ,jemez ,settlement ,trust ,fund and the ,pueblo of ,zia ,settlement ,trust ,fund1 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury1 consisting of the amounts deposited in the ,pueblo ,trust ,funds under subsection 7b71 together with any investment earnings1 including interest1 earned on those amounts for the purpose of carrying out this ,act4 7b7 ,deposits ,the ,secretary shall deposit in each ,pueblo ,trust ,fund the amounts made available pursuant to section #g7;a74 7c7 ,management and interest 7#a7 ,management ,on receipt and deposit of funds into the ,pueblo ,trust ,funds under subsection 7b71 the ,secretary shall manage1 invest1 and distribute all amounts in the ,pueblo ,trust ,funds in a manner that is consistent with the investment authority of the ,secretary under-- 7,a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7,b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7,c7 this subsection4 7#b7 ,investment earnings ,in addition to the deposits made to each ,pueblo ,trust ,fund under subsection 7b71 any investment earnings1 including interest1 earned on those amounts held in each ,pueblo ,trust ,fund are authorized to be used in accordance with subsections 7e7 and 7g74 7d7 ,availability of amounts 7#a7 ,in general ,amounts appropriated to1 and deposited in1 each ,pueblo ,trust ,fund1 including any investment earnings 7including interest7 earned on those amounts1 shall be made available to each ,pueblo by the ,secretary beginning on the ,enforceability ,date1 subject to the requirements of this section1 except for funds to be made available to the ,pueblos pursuant to paragraph 7#b74 7#b7 ,use of funds ,notwithstanding paragraph 7#a71 #be1jjj1jjj of the amounts deposited in each ,pueblo ,trust ,fund shall be available to the appropriate ,pueblo for-- 7,a7 developing economic water development plans2 7,b7 preparing environmental compliance documents2 7,c7 preparing water project engineering designs2 7,d7 establishing and operating a water resource department2 7,e7 installing supplemental irrigation groundwater wells2 and 7,f7 developing water measurement and reporting water use plans4 7e7 ,withdrawals 7#a7 ,withdrawals under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7,a7 ,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 #aiid 7#be ,u4,s4,c4 #djja et seq474 7,b7 ,requirements ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the ,tribal management plan under this paragraph shall require that the appropriate ,pueblo shall spend all amounts withdrawn from each ,pueblo ,trust ,fund1 and any investment earnings 7including interest7 earned on those amounts1 through the investments under the ,tribal management plan1 in accordance with this ,act4 7,c7 ,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 7,a7 are used in accordance with this ,act4 7#b7 ,withdrawals under expenditure plan 7,a7 ,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 plan4 7,b7 ,requirements ,to be eligible to withdraw amounts under an expenditure plan under subparagraph 7,a71 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 subparagraph1 subject to the condition that the amounts shall be used for the purposes described in this ,act4 7,c7 ,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 ,pueblo1 in accordance with this subsection and subsection 7g74 7,d7 ,approval ,the ,secretary shall approve an expenditure plan submitted under subparagraph 7,a7 if the ,secretary determines that the plan-- 7i7 is reasonable2 and 7ii7 is consistent with1 and will be used for1 the purposes of this ,act4 7,e7 ,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 ,act4 7f7 ,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 7#a7 of subsection 7e7 or an expenditure plan under paragraph 7#b7 of that subsection except under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7g7 ,uses ,amounts from a ,pueblo ,trust ,fund may only be used by the appropriate ,pueblo for the following purposes3 7#a7 ,planning1 permitting1 designing1 engineering1 constructing1 reconstructing1 replacing1 rehabilitating1 operating1 or repairing water production1 treatment1 or delivery infrastructure1 including for domestic and municipal use1 on-farm improvements1 or wastewater infrastructure4 7#b7 ,watershed protection and enhancement1 support of agriculture1 water-related ,pueblo community welfare and economic development1 and costs related to implementation of the ,agreement4 7#c7 ,planning1 permitting1 designing1 engineering1 construction1 reconstructing1 replacing1 rehabilitating1 operating1 or repairing water production of delivery infrastructure of the ,augmentation ,project1 as set forth in the ,agreement4 7#d7 ,ensuring environmental compliance in the development and construction of projects under this ,act4 7h7 ,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 7#a7 or 7#b7 of subsection 7e74 7i7 ,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 7#a7 or 7#b7 of subsection 7e71 as applicable4 7j7 ,no per capita distributions ,no portion of a ,pueblo ,trust ,fund shall be distributed on a per capita basis to any member of a ,pueblo4 7k7 ,title to infrastructure ,title to1 control over1 and operation of any project constructed using funds from a ,pueblo ,trust ,fund shall remain in the appropriate ,pueblo4 7l7 ,operation1 maintenance1 and replacement ,all operation1 maintenance1 and replacement costs of any project constructed using funds from a ,pueblo ,trust ,fund shall be the responsibility of the appropriate ,pueblo4 #g4 ,funding 7a7 ,mandatory appropriation ,out of any money in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary-- 7#a7 for deposit in the ,pueblo of ,jemez ,settlement ,trust ,fund established under section #f7;a7 #bij1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury2 and 7#b7 for deposit in the ,pueblo of ,zia ,settlement ,trust ,fund established under that section #bjj1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7b7 ,fluctuation in costs 7#a7 ,in general ,the amount appropriated under subsection 7a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index-,composite ,trend4 7#b7 ,construction costs adjustment ,the amount appropriated under subsection 7a7 shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices1 as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7#c7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount1 as adjusted1 has been appropriated4 7#d7 ,period of indexing ,the period of indexing adjustment under this subsection for any increment of funding shall start on ,october #a1 #bjba1 and end on the date on which the funds are deposited in the applicable ,pueblo ,trust ,fund4 7c7 ,state cost share ,the ,state shall contribute-- 7#a7 #c1djj1jjj1 as adjusted for inflation pursuant to the ,agreement1 to the ,san ,ysidro ,community ,ditch ,association for capital and operating expenses of the mutual benefit ,augmentation ,project2 7#b7 #af1aei1jjj1 as adjusted for inflation pursuant to the ,agreement1 for ,jemez ,river ,basin ,water ,users ,coalition acequia ditch improvements2 and 7#c7 #ejj1jjj1 as adjusted for inflation1 to mitigate impairment to non-,pueblo domestic and livestock groundwater rights as a result of new ,pueblo water use4 #h4 ,waivers and releases of claims 7a7 ,in general 7#a7 ,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 7c71 as consideration for recognition of the ,pueblo ,water ,right and other benefits described in the ,agreement and this ,act1 the ,pueblos and the ,united ,states1 acting as trustee for the ,pueblos1 shall execute a waiver and release of all claims for-- 7,a7 water rights within the ,jemez ,river ,stream ,system that the ,pueblos1 or the ,united ,states acting as trustee for the ,pueblos1 asserted or could have asserted in any proceeding1 including the ,adjudication1 on or before the ,enforceability ,date1 except to the extent that such a right is recognized in the ,agreement and this ,act2 and 7,b7 damages1 losses1 or injuries to water rights or claims of interference with1 diversion of1 or taking of water 7including claims for injury to land resulting from such damages1 losses1 injuries1 interference1 diversion1 or taking7 in the ,jemez ,river ,stream ,system against any party to a settlement1 including the members and parciantes of signatory acequias1 that accrued at any time up to and including the ,enforceability ,date4 7#b7 ,waivers and releases of claims by ,pueblos against ,united ,states ,subject to the reservation of rights and retention of claims under subsection 7c71 each ,pueblo shall execute a waiver and release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7 for water rights within the ,jemez ,river ,stream ,system first arising before the ,enforceability ,date relating to-- 7,a7 water rights within the ,jemez ,river ,stream ,system that the ,united ,states1 acting as trustee for the ,pueblos1 asserted or could have asserted in any proceeding1 including the ,adjudication1 except to the extent that such rights are recognized as part of the ,pueblo ,water ,right under this ,act2 7,b7 foregone benefits from non-,pueblo use of water1 on and off ,pueblo ,land 7including water from all sources and for all uses71 within the ,jemez ,river ,stream ,system2 7,c7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights1 claims relating to interference with1 diversion of1 or taking of water1 or claims relating to a failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 within the ,jemez ,river ,stream ,system2 7,d7 a failure to establish or provide a municipal1 rural1 or industrial water delivery system on ,pueblo ,land within the ,jemez ,river ,stream ,system2 7,e7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to construction1 operation1 and management of irrigation projects on ,pueblo ,land or ,federal land 7including damages1 losses1 or injuries to fish habitat1 wildlife1 and wildlife habitat7 within the ,jemez ,river ,stream ,system2 7,f7 a failure to provide for operation1 maintenance1 or deferred maintenance for any irrigation system or irrigation project within the ,jemez ,river ,stream ,system2 7,g7 a failure to provide a dam safety improvement to a dam on ,pueblo ,land within the ,jemez ,river ,stream ,system2 7,h7 the litigation of claims relating to any water right of a ,pueblo within the ,jemez ,river ,stream ,system2 and 7,i7 the negotiation1 execution1 or adoption of the ,agreement 7including exhibits or appendices7 and this ,act4 7b7 ,effective date ,the waivers and releases described in subsection 7a7 shall take effect on the ,enforceability ,date4 7c7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under subsection 7a71 the ,pueblos and the ,united ,states1 acting as trustee for the ,pueblos1 shall retain all claims relating to-- 7#a7 the enforcement of1 or claims accruing after the ,enforceability ,date relating to water rights recognized under the ,agreement relating to1 any final court decree or this ,act2 7#b7 activities affecting the quality of water1 including claims under-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including claims for damages to natural resources2 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#c7 the right to use and protect water rights acquired after the date of enactment of this ,act2 7#d7 damage1 loss1 or injury to land or natural resources that is not due to loss of water or water rights1 including hunting1 fishing1 gathering1 or cultural rights2 7#e7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this ,act or the ,agreement2 and 7#f7 loss of water or water rights in locations outside of the ,jemez ,river ,stream ,system4 7d7 ,effect of ,agreement and ,act ,nothing in the ,agreement or this ,act-- 7#a7 reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity2 7#b7 affects the ability of the ,united ,states1 as sovereign1 to carry out any activity authorized by law1 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 7,d7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 and 7,e7 any regulations implementing the ,acts described in subparagraphs 7,a7 though 7,d72 7#c7 affects the ability of the ,united ,states to act as trustee for the ,pueblos 7consistent with this ,act71 any other ,pueblo or ,indian ,tribe1 or an allottee of any other ,indian ,tribe2 7#d7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law relating to health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or any other party under ,federal law regarding health1 safety1 or the environment2 7,c7 to conduct judicial review of any ,federal agency action2 or 7,d7 to interpret ,pueblo or ,tribal law2 or 7#e7 waives any claim of a member of a ,pueblo in an individual capacity that does not derive from a right of the ,pueblos4 7e7 ,tolling of claims 7#a7 ,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 ,date4 7#b7 ,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 ,act4 7#c7 ,limitation ,nothing in this section precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law4 7f7 ,expiration 7#a7 ,in general ,this ,act shall expire in any case in which the ,secretary fails to publish a statement of findings under section #aj by not later than-- 7,a7 ,july #a1 #bjcj2 or 7,b7 such alternative later date as is agreed to by the ,pueblos and the ,secretary1 after providing reasonable notice to the ,state4 7#b7 ,consequences ,if this ,act expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsection 7a7 shall-- 7i7 expire2 and 7ii7 have no further force or effect2 7,b7 the authorization1 ratification1 confirmation1 and execution of the ,agreement under section #d shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into1 pursuant to this ,act shall be void2 7,d7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this ,act1 together with any interest earned on those funds1 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 ,government1 unless otherwise agreed to by the ,pueblos and the ,united ,states and approved by ,congress2 and 7,e7 except for ,federal funds used to acquire or construct property that is returned to the ,federal ,government under subparagraph 7,d71 the ,united ,states shall be entitled to offset any ,federal funds made available to carry out this ,act that were expended or withdrawn1 or any funds made available to carry out this ,act from other ,federal authorized sources1 together with any interest accrued on those funds1 against any claims against the ,united ,states-- 7i7 relating to-- 7,i7 water rights in the ,state asserted by-- 7aa7 the ,pueblos2 or 7bb7 any user of the ,pueblo ,water ,right2 or 7,,ii7 any other matter covered by subsection 7a77#b72 or 7ii7 in any future settlement of water rights of the ,pueblos4 #i4 ,satisfaction of claims ,the benefits provided under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of any claim of the ,pueblos against the ,united ,states that are waived and released by the ,pueblos pursuant to section #h7;a74 #aj4 ,enforceability date ,the ,enforceability ,date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 to the extent that the ,agreement conflicts with this ,act1 the ,agreement has been amended to conform with this ,act2 7#b7 the ,agreement1 as amended1 includes the waivers and releases of claims set forth in section #h1 and has been executed by all parties to the ,agreement1 including the ,united ,states2 7#c7 the ,united ,states ,district ,court for the ,district of ,new ,mexico has approved the ,agreement and has entered a ,partial ,final ,judgment and ,decree2 7#d7 all of the amounts appropriated under section #g have been appropriated and deposited in the designated accounts of the applicable ,pueblo ,trust ,fund2 7#e7 the ,state has-- 7,a7 provided the funding under section #g7;c77#b7 into appropriate funding accounts2 7,b7 provided the funding under section #g7;c77#a7 or entered into a funding agreement with the intended beneficiaries for that funding2 and 7,c7 enacted legislation to amend ,state law to provide that a ,pueblo ,water ,right may be leased for a term of not to exceed #ii years1 including renewals2 and 7#f7 the waivers and releases under section #h7;a7 have been executed by the ,pueblos and the ,secretary4 #aa4 ,miscellaneous provisions 7a7 ,no waiver of sovereign immunity by the ,united ,states ,nothing in this ,act waives the sovereign immunity of the ,united ,states4 7b7 ,other ,tribes not adversely affected ,nothing in this ,act quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of an ,indian ,tribe1 band1 or community other than the ,pueblos4 7c7 ,effect on current law ,nothing in this ,act affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to pre-enforcement review of any ,federal environmental enforcement action4 7d7 ,conflict ,in the event of a conflict between the ,agreement and this ,act1 this ,act shall control4 #ab4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this ,act1 including any obligation or activity under the ,agreement1 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this ,act4