,,ii #aaith ,,congress #ast ,session ,s4 #cbdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjbe,mr4 ,lujn 7for himself and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act to facilitate implementation of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,agreement1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,taos ,pueblo ,indian ,water ,rights ,settlement ,amendments ,act of #bjbe4 #b4 ,definitions ,section #ejc of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cabb7 is amended-- 7#a7 in paragraph 7#a71 by striking and the ,new ,mexico ,department of ,finance and ,administration ,local ,government ,division on behalf of 2 7#b7 by redesignating paragraphs 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 and 7#ab7 as paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#aj71 7#aa71 7#ab71 7#ac71 and 7#ad71 respectively2 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,mitigation well system ,the term ,mitigation ,well ,system means a system of wells1 pipelines1 and treatment infrastructure to provide a method for offsetting surface water depletion effects to the stream segments identified in ,article #g4c4c4a4i of the ,settlement ,agreement4 2 and 7#d7 by inserting after paragraph 7#h7 7as so redesignated7 the following3 7#i7 ,pueblo trust funds ,the term ,pueblo ,trust ,funds means-- 7,a7 the ,taos ,pueblo ,water ,development ,fund established by subsection 7a7 of section #eje2 7,b7 the ,taos ,pueblo ,groundwater ,development ,supplemental ,trust ,fund established by subsection 7h7 of that section2 and 7,c7 the ,taos ,pueblo ,surface ,water ,sharing ,supplemental ,trust ,fund established by subsection 7i7 of that section4 4 #c4 ,pueblo ,trust ,funds 7a7 ,in general ,section #eje of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cabc7 is amended-- 7#a7 by striking the section heading and inserting ,pueblo ,trust ,funds2 7#b7 in subsection 7a7-- 7,a7 in the subsection heading1 by inserting of ,taos ,pueblo ,water ,development ,fund after ,establishment2 and 7,b7 in the matter preceding paragraph 7#a71 by striking 7referred to in this section as the ,fund72 7#c7 in subsection 7b7-- 7,a7 by striking the subsection heading and inserting ,management of ,pueblo ,trust ,funds2 and 7,b7 by striking the ,fund each place it appears and inserting the ,pueblo ,trust ,funds2 7#d7 in subsection 7c7-- 7,a7 by striking the subsection heading and inserting ,investment of ,pueblo ,trust ,funds2 7,b7 in the matter preceding paragraph 7#a71 by striking the ,fund and inserting the ,pueblo ,trust ,funds2 and 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 the ,trust ,fund ,reform ,act4 2 7#e7 in subsection 7d7-- 7,a7 in the subsection heading1 by striking ,fund and inserting ,taos ,pueblo ,water ,development ,fund2 and 7,b7 by striking the ,fund and inserting the ,taos ,pueblo ,water ,development ,fund established by subsection 7a72 7#f7 in subsection 7e7-- 7,a7 by striking the ,fund each place it appears and inserting the ,pueblo ,trust ,funds2 and 7,b7 in paragraph 7#b71 by striking specified in subsection 7a7 and inserting described in subsections 7a71 7h77#b71 and 7i77#b71 as applicable2 7#g7 in subsection 7f71 in the matter preceding paragraph 7#a71 by striking the ,fund and inserting the ,taos ,pueblo ,water ,development ,fund established by subsection 7a72 7#h7 in subsection 7g71 by striking the ,fund and inserting the ,pueblo ,trust ,funds2 and 7#i7 by adding at the end the following3 7h7 ,taos pueblo groundwater development supplemental trust fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,taos ,pueblo ,groundwater ,development ,supplemental ,trust ,fund 7referred to in this subsection as the ,groundwater ,development ,supplemental ,trust ,fund71 consisting of-- 7,a7 amounts appropriated to the ,groundwater ,development ,supplemental ,trust ,fund under section #eji7l72 and 7,b7 any interest earned on investment of amounts in the ,groundwater ,development ,supplemental ,trust ,fund under paragraph 7#c74 7#b7 ,use of funds ,the ,pueblo may use amounts in the ,groundwater ,development ,supplemental ,trust ,fund to pay or reimburse costs incurred by the ,pueblo to investigate1 plan1 permit1 design1 engineer1 construct1 reconstruct1 replace1 rehabilitate1 operate1 or repair groundwater production1 treatment1 or delivery infrastructure consistent with the ,settlement ,agreement4 7#c7 ,investment ,on deposit1 the ,secretary shall invest amounts in the ,groundwater ,development ,supplemental ,trust ,fund in accordance with subsection 7c74 7#d7 ,investment earnings ,any investment earnings1 including interest1 credited to amounts in the ,groundwater ,development ,supplemental ,trust ,fund are authorized to be used in accordance with paragraph 7#b74 7#e7 ,availability ,amounts deposited in the ,groundwater ,development ,supplemental ,trust ,fund pursuant to section #eji7l71 or from other authorized sources1 shall be available to the ,pueblo for expenditure or withdrawal after the requirements of subsection 7e7 have been met4 7#f7 ,management ,the ,secretary shall manage the ,groundwater ,development ,supplemental ,trust ,fund in accordance with subsection 7b74 7#g7 ,conditions for expenditure and withdrawal ,all expenditures and withdrawals by the ,pueblo of funds in the ,groundwater ,development ,supplemental ,trust ,fund shall comply with the requirements of subsection 7e74 7i7 ,taos pueblo surface water sharing supplemental trust fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,taos ,pueblo ,surface ,water ,sharing ,supplemental ,trust ,fund 7referred to in this subsection as the ,surface ,water ,sharing ,supplemental ,trust ,fund71 consisting of-- 7,a7 amounts appropriated to the ,surface ,water ,sharing ,supplemental ,trust ,fund under section #eji7m72 and 7,b7 any interest earned on investment of amounts in the ,surface ,water ,sharing ,supplemental ,trust ,fund under paragraph 7#c74 7#b7 ,use of funds ,the ,pueblo may use amounts in the ,surface ,water ,sharing ,supplemental ,trust ,fund to pay or reimburse costs incurred by the ,pueblo to investigate1 plan1 permit1 design1 engineer1 construct1 reconstruct1 replace1 rehabilitate1 operate1 or repair surface water sharing infrastructure and gages to facilitate implementation of ,article #h4b of the ,settlement ,agreement4 7#c7 ,investment ,on deposit1 the ,secretary shall invest amounts in the ,surface ,water ,sharing ,supplemental ,trust ,fund in accordance with subsection 7c74 7#d7 ,investment earnings ,any investment earnings1 including interest1 credited to amounts in the ,surface ,water ,sharing ,supplemental ,trust ,fund are authorized to be used in accordance with paragraph 7#b74 7#e7 ,availability ,amounts deposited in the ,surface ,water ,sharing ,supplemental ,trust ,fund pursuant to section #eji7m71 or from other authorized sources1 shall be available to the ,pueblo for expenditure or withdrawal after the requirements of subsection 7e7 have been met4 7#f7 ,management ,the ,secretary shall manage the ,surface ,water ,sharing ,supplemental ,trust ,fund in accordance with subsection 7b74 7#g7 ,conditions for expenditure and withdrawal ,all expenditures and withdrawals by the ,pueblo of amounts in the ,surface ,water ,sharing ,supplemental ,trust ,fund shall comply with the requirements of subsection 7e74 4 7b7 ,clerical amendment ,the table of contents for the ,claims ,resolution ,act of #bjaj 7,public ,law #aaa-bia2 #abd ,stat4 #cjfd7 is amended by striking the item relating to section #eje and inserting the following3 ,sec4 #eje4 ,pueblo ,trust ,funds4 4 #d4 ,mutual-benefit projects ,section #ejg of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cabf7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking in subsection 7a7 and inserting under subsections 7a7 and 7c72 7,b7 in paragraph 7#b71 by striking shall and inserting authorized under subsections 7a7 and 7c7 shall2 and 7,c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking section #eji7;c77#b7 and inserting subsections 7c77#b7 and 7k7 of section #eji2 and 7#b7 by adding at the end the following3 7c7 ,supplemental funding for mutual-,benefit projects 7#a7 ,in general ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall provide financial assistance from funds made available pursuant to section #eji7k7 to ,eligible ,non-,pueblo ,entities in the form of grants or financial assistance agreements on a nonreimbursable basis or contracts to plan1 permit1 design1 engineer1 and construct the ,mutual-,benefit ,projects1 including water treatment4 7#b7 ,eligibility ,to be eligible for funding under paragraph 7#a71 an ,eligible ,non-,pueblo ,entity-- 7,a7 shall have applied for funding under subsection 7a7 prior to the date that is #ij days after the date of enactment of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,amendments ,act of #bjbe2 and 7,b7 shall apply for funding under paragraph 7#a7 not later than #ahj days after that date of enactment4 7#c7 ,deadlines 7,a7 ,in general ,grants1 contracts1 and financial assistance agreements under paragraph 7#a7 shall be subject to the following deadlines1 as applicable3 7i7 ,non-mitigation well system projects ,subject to subparagraph 7,b71 for each ,mutual-,benefit ,project that does not include part of the ,mitigation ,well ,system-- 7,i7 at least #aj percent of funding awarded under paragraph 7#a7 shall be expended not later than #c years after the date on which that funding is awarded2 7,,ii7 construction of the ,mutual-,benefit ,project shall be substantially completed1 as determined by the ,commissioner of ,reclamation1 not later than #f years after the date on which that funding is awarded2 and 7,,iii7 construction of the ,mutual-,benefit ,project shall be fully completed1 as determined by the ,commissioner of ,reclamation1 not later than #h years after the date on which that funding is awarded4 7ii7 ,mitigation well system ,subject to subparagraph 7,b71 for each ,mutual-,benefit ,project that includes part of the ,mitigation ,well ,system-- 7,i7 at least #ae percent of funding awarded under paragraph 7#a7 shall be expended not later than #c years after the date on which that funding is awarded2 7,,ii7 construction of the ,mutual-,benefit ,project shall be substantially completed1 as determined by the ,commissioner of ,reclamation1 not later than #d years after the date on which that funding is awarded2 and 7,,iii7 construction of the ,mutual-,benefit ,project shall be fully completed1 as determined by the ,commissioner of ,reclamation1 not later than #e years after the date on which that funding is awarded4 7,b7 ,extension ,the ,commissioner of ,reclamation may1 for good cause1 extend a deadline under clause 7i7 or 7ii7 of subparagraph 7,a7 for the applicable grant1 contract1 or financial assistance agreement4 7,c7 ,failure to comply with deadlines ,if an ,eligible ,non-,pueblo ,entity does not comply with any deadline described in clause 7i7 or 7ii7 of subparagraph 7,a71 the ,commissioner of ,reclamation may-- 7i7 terminate the grant1 contract1 or financial assistance agreement2 and 7ii7 require the ,eligible ,non-,pueblo ,entity to return unexpended funds4 7#d7 ,exceptions ,notwithstanding paragraphs 7#a7 and 7#b71 the ,commissioner of ,reclamation may-- 7,a7 award funding returned under paragraph 7#c77;,c7 or funding not yet disbursed to the noncompliant ,eligible ,non-,pueblo ,entity to another ,eligible ,non-,pueblo ,entity to plan1 permit1 design1 engineer1 and construct any affected portion of the ,mitigation ,well ,system or another ,mutual-,benefit ,project2 7,b7 on consent of the ,pueblo and ,state1 contract with a third party to plan1 permit1 design1 engineer1 and construct any affected portion of the ,mitigation ,well ,system with funding returned under paragraph 7#c77;,c7 or not yet disbursed to the noncompliant ,eligible ,non-,pueblo ,entity2 and 7,c7 award funding made available pursuant to section #eji7k7 for alternative or interim offset infrastructure under paragraph 7#e7 if-- 7i7 an ,eligible ,non-,pueblo ,entity obligated to construct part of the ,mitigation ,well ,system-- 7,i7 does not meet the eligibility requirements under paragraph 7#b7 for the applicable part of the ,mitigation ,well ,system by the dates described in that paragraph2 7,,ii7 is not awarded funding under subsection 7a7 for the applicable part of the ,mitigation ,well ,system by the date that is #a year after the date of enactment of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,amendments ,act of #bjbe2 7,,iii7 is not awarded funding under this subsection for the applicable part of the ,mitigation ,well ,system by the date that is #ah months after that date of enactment2 7,,iv7 does not commence construction of the applicable part of the ,mitigation ,well ,system by the date that is #b years after that date of enactment2 or 7,v7 does not comply with a deadline described in paragraph 7#c72 and 7ii7 sufficient funding is available in the ,taos ,settlement ,mutual-,benefit ,projects ,supplemental ,fund established under section #eji7k77#c71 as determined by the ,commissioner of ,reclamation4 7#e7 ,alternative or interim offset infrastructure 7,a7 ,in general 7i7 ,in general ,notwithstanding paragraphs 7#a7 and 7#b71 the ,commissioner of ,reclamation may1 pursuant to paragraph 7#d77;,c71 provide financial assistance from funds made available pursuant to section #eji7k7 in the form of grants or financial assistance agreements on a nonreimbursable basis or contracts-- 7,i7 to another ,eligible ,non-,pueblo ,entity to plan1 permit1 design1 engineer1 and construct alternative or interim offset infrastructure off ,pueblo lands to offset surface water depletion effects on the applicable stream segments in accordance with a proposal from an ,eligible ,non-,pueblo ,entity approved by the ,state1 the ,pueblo1 and the ,secretary2 and 7,,ii7 to the ,pueblo to plan1 permit1 design1 engineer1 and construct alternative or interim offset infrastructure on ,pueblo lands1 to be owned and operated by the ,pueblo1 to offset surface water depletion effects on the applicable stream segments in accordance with a proposal from the ,pueblo approved by the ,state and the ,secretary4 7ii7 ,limitation ,notwithstanding subsection 7b77#b71 no non-,federal cost share shall be required for alternative or interim offset infrastructure under clause 7i77,,ii74 7,b7 ,effect 7i7 ,in general ,use of alternative or interim offset infrastructure constructed pursuant to subparagraph 7,a77i7 shall constitute compliance with requirements in the ,settlement ,agreement for use of the ,mitigation ,well ,system to offset surface water depletions on the applicable stream segments4 7ii7 ,savings provision ,nothing in the amendments made by the ,taos ,pueblo ,indian ,water ,rights ,settlement ,amendments ,act of #bjbe precludes agreements among the ,pueblo1 the ,secretary1 the ,state1 and affected parties to address depletion offset obligations for the period before the applicable ,mitigation ,well is fully completed1 permitted1 and operating4 7d7 ,title to property ,in no event shall the ,commissioner of ,reclamation hold title to property acquired or constructed with funding made available pursuant to subsections 7c77#b77;,a7 and 7k7 of section #eji4 4 #e4 ,funding ,section #eji of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cabh7 is amended by adding at the end the following3 7k7 ,supplemental funding for mutual-,benefit projects 7#a7 ,mandatory appropriation ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to award funding pursuant to section #ejg7;c7 #afa1jjj1jjj1 as adjusted pursuant to paragraph 7#b74 7#b7 ,fluctuation in costs 7,a7 ,in general ,the amount under paragraph 7#a7 shall be adjusted by such amounts as may be justified-- 7i7 by reason of changes since ,july #bjbe in construction costs1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index-,composite ,trend2 and 7ii7 to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices applicable to the types of construction involved1 as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7,b7 ,repetition ,the adjustment process under this paragraph shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,c7 ,period of indexing ,the period of indexing adjustment under this paragraph for any increment of funding shall end on the date on which the relevant funding is awarded1 but in no event shall funds be indexed later than #aj years after the date of enactment of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,amendments ,act of #bjbe4 7#c7 ,deposit in ,fund ,the ,secretary shall deposit the funds made available pursuant to paragraph 7#a7 in a noninterest-bearing fund1 to be known as the ,taos ,settlement ,mutual-,benefit ,projects ,supplemental ,fund1 to be established in the ,treasury of the ,united ,states so that such funds may be made available to carry out section #ejg7;c74 7l7 ,taos pueblo groundwater development supplemental trust fund 7#a7 ,mandatory appropriation ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary for deposit in the ,taos ,pueblo ,groundwater ,development ,supplemental ,trust ,fund established by section #eje7;h7 7referred to in this subsection as the ,groundwater ,development ,supplemental ,trust ,fund7 #aij1jjj1jjj1 as adjusted pursuant to paragraph 7#b74 7#b7 ,fluctuation in costs 7,a7 ,in general ,the amount under paragraph 7#a7 shall be adjusted by such amounts as may be justified-- 7i7 by reason of changes since ,july #bjbe in construction costs1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index-,composite ,trend2 and 7ii7 to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices applicable to the types of construction involved1 as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7,b7 ,repetition ,the adjustment process under this paragraph shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,c7 ,period of indexing ,the period of indexing adjustment under this paragraph for any increment of funding shall end on the date on which the amount under paragraph 7#a7 is deposited in the ,groundwater ,development ,supplemental ,trust ,fund4 7m7 ,taos pueblo surface water sharing supplemental trust fund 7#a7 ,mandatory appropriation ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary for deposit in the ,taos ,pueblo ,surface ,water ,sharing ,supplemental ,trust ,fund established by section #eje7;i7 7referred to in this subsection as the ,surface ,water ,sharing ,supplemental ,trust ,fund7 #af1jjj1jjj1 as adjusted pursuant to paragraph 7#b74 7#b7 ,fluctuation in costs 7,a7 ,in general ,the amount under paragraph 7#a7 shall be adjusted by such amounts as may be justified-- 7i7 by reason of changes since ,july #bjbe in construction costs1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index-,composite ,trend2 and 7ii7 to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices applicable to the types of construction involved1 as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7,b7 ,repetition ,the adjustment process under this paragraph shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,c7 ,period of indexing ,the period of indexing adjustment under this paragraph for any increment of funding shall end on the date on which the amount under paragraph 7#a7 is deposited in the ,surface ,water ,sharing ,supplemental ,trust ,fund4 4 #f4 ,disclaimers 7a7 ,conditions precedent ,nothing in this ,act shall be construed to affect-- 7#a7 the previous satisfaction of the conditions precedent in subsection 7f77#b7 of section #eji of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cabh72 or 7#b7 the validity of the finding published by the ,secretary of the ,interior in the ,federal ,register on ,october #g1 #bjaf1 pursuant to subsection 7f77#a7 of that section that those conditions precedent were fully satisfied4 7b7 ,settlement ,agreement2 ,partial ,final ,decree 7#a7 ,definitions ,in this subsection1 the terms ,partial ,final ,decree and ,settlement ,agreement have the meanings given those terms in section #ejc of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cabb74 7#b7 ,disclaimers ,nothing in this ,act1 the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cabb71 or the ,settlement ,agreement shall be construed to require-- 7,a7 an amendment of the ,settlement ,agreement or the ,partial ,final ,decree for the ,secretary of the ,interior to carry out this ,act2 or 7,b7 use of the project modification or failure process in ,article #ac4c of the ,settlement ,agreement for alternative or interim offset infrastructure funded under subsection 7c77#e7 of section #ejg of the ,taos ,pueblo ,indian ,water ,rights ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cabf74