,,ii #aaith ,,congress #ast ,session ,s4 #efb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ac1 #bjbe,mr4 ,heinrich 7for himself and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to approve the settlement of water rights claims of the ,pueblos of ,acoma and ,laguna in the ,rio ,san ,jos ,stream ,system and the ,pueblos of ,jemez and ,zia in the ,rio ,jemez ,stream ,system 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 ,rio ,san ,jos and ,rio ,jemez ,water ,settlements ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,pueblos of ,acoma and ,laguna ,water ,rights ,settlement,sec4 #aja4 ,purposes4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,ratification of ,agreement4,sec4 #ajd4 ,pueblo ,water ,rights4,sec4 #aje4 ,settlement trust funds4,sec4 #ajf4 ,funding4,sec4 #ajg4 ,enforceability ,date4,sec4 #ajh4 ,waivers and releases of claims4,sec4 #aji4 ,satisfaction of claims4,sec4 #aaj4 ,consent of ,united ,states to jurisdiction for judicial review of a ,pueblo ,water ,right permit decision4,sec4 #aaa4 ,miscellaneous provisions4,sec4 #aab4 ,antideficiency4,,title ,,ii--,pueblos of ,jemez and ,zia ,water ,rights ,settlement,sec4 #bja4 ,purposes4,sec4 #bjb4 ,definitions4,sec4 #bjc4 ,ratification of ,agreement4,sec4 #bjd4 ,pueblo ,water ,rights4,sec4 #bje4 ,settlement trust funds4,sec4 #bjf4 ,funding4,sec4 #bjg4 ,enforceability date4,sec4 #bjh4 ,waivers and releases of claims4,sec4 #bji4 ,satisfaction of claims4,sec4 #baj4 ,miscellaneous provisions4,sec4 #baa4 ,antideficiency4 ,i ,pueblos of ,acoma and ,laguna ,water ,rights ,settlement #aja4 ,purposes ,the purposes of this title are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all issues and controversies concerning claims to water rights in the general stream adjudication of the ,rio ,san ,jos ,stream ,system captioned ,state of ,new ,mexico1 ex rel4 ,state ,engineer v4 ,kerr-,mc,gee1 et al41 ,no4 ,d-#accc-;,,cv-#aihc-jjaij and ,no4 ,d-#accc-;,,cv#aihc-jjbbj 7consolidated71 pending in the ,thirteenth ,judicial ,district ,court for the ,state of ,new ,mexico1 for-- 7,a7 the ,pueblo of ,acoma2 7,b7 the ,pueblo of ,laguna2 and 7,c7 the ,united ,states1 acting as trustee for the ,pueblos of ,acoma and ,laguna2 7#b7 to authorize1 ratify1 and confirm the agreement entered into by the ,pueblos1 the ,state1 and various other parties to the ,agreement1 to the extent that the ,agreement is consistent with this title2 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 title2 and 7#d7 to authorize funds necessary for the implementation of the ,agreement and this title4 #ajb4 ,definitions ,in this title3 7#a7 ,acequia ,the term ,acequia means each of the ,bluewater ,toltec ,irrigation ,district1 ,la ,acequia ,madre del ,ojo del ,gallo1 ,moquino ,water ,users ,association ,,ii1 ,murray ,acres ,irrigation ,association1 ,san ,mateo ,irrigation ,association1 ,seboyeta ,community ,irrigation ,association1 ,cubero ,acequia ,association1 ,cebolletita ,acequia ,association1 and ,community ,ditch of ,san ,jos de la ,cienega4 7#b7 ,acomita ,reservoir ,works ,trust ,fund ,the term ,acomita ,reservoir ,works ,trust ,fund means the ,acomita ,reservoir ,works ,trust ,fund established under section #aje7;a74 7#c7 ,adjudication ,the term ,adjudication means the general adjudication of water rights entitled ,state of ,new ,mexico1 ex rel4 ,state ,engineer v4 ,kerr-,mc,gee1 et al41 ,no4 ,d-#accc-;,,cv-#aihc-jjaij and ,no4 ,d-#accc-;,,cv#aihc-jjbbj 7consolidated7 pending1 as of the date of enactment of this ,act1 in the ,decree ,court4 7#d7 ,agreement ,the term ,agreement means-- 7,a7 the document entitled ,rio ,san ,jos ,stream ,system ,water ,rights ,local ,settlement ,agreement ,among the ,pueblo of ,acoma1 the ,pueblo of ,laguna1 the ,navajo ,nation1 the ,state of ,new ,mexico1 the ,city of ,grants1 the ,village of ,milan1 the ,association of ,community ,ditches of the ,rio ,san ,jos and ,nine ,individual ,acequias and ,community ,ditches and dated ,may #ac1 #bjbb1 and the attachments thereto2 and 7,b7 any amendment to the document referred to in subparagraph 7,a7 7including an amendment to an attachment thereto7 that is executed to ensure that the ,agreement is consistent with this title4 7#e7 ,allotment ,the term ,allotment means a parcel of land that is-- 7,a7 located within-- 7i7 the ,rio ,puerco ,basin2 7ii7 the ,rio ,san ,jos ,stream ,system2 or 7iii7 the ,rio ,salado ,basin2 and 7,b7 held in trust by the ,united ,states for the benefit of #a or more individual ,indians4 7#f7 ,allottee ,the term ,allottee means an individual with a beneficial interest in an ,allotment4 7#g7 ,decree ,court ,the term ,decree ,court means the ,thirteenth ,judicial ,district ,court of the ,state of ,new ,mexico4 7#h7 ,enforceability ,date ,the term ,enforceability ,date means the date described in section #ajg4 7#i7 ,partial ,final ,judgment and ,decree ,the term ,partial ,final ,judgment and ,decree means a final or interlocutory partial final judgment and decree entered by the ,decree ,court with respect to the water rights of the ,pueblos-- 7,a7 that is substantially in the form described in ,article #ad4g4b of the ,agreement1 as amended to ensure consistency with this title2 and 7,b7 from which no further appeal may be taken4 7#aj7 ,pueblo ,the term ,pueblo means either of-- 7,a7 the ,pueblo of ,acoma2 or 7,b7 the ,pueblo of ,laguna4 7#aa7 ,pueblo ,land 7,a7 ,in general ,the term ,pueblo ,land means any real property-- 7i7 in the ,rio ,san ,jos ,stream ,system that is held by the ,united ,states in trust for either ,pueblo1 or owned by either ,pueblo1 as of the ,enforceability ,date2 7ii7 in the ,rio ,salado ,basin that is held by the ,united ,states in trust for the ,pueblo of ,acoma1 or owned by the ,pueblo of ,acoma1 as of the ,enforceability ,date2 or 7iii7 in the ,rio ,puerco ,basin that is held by the ,united ,states in trust for the ,pueblo of ,laguna1 or owned by the ,pueblo of ,laguna1 as of the ,enforceability ,date4 7,b7 ,inclusions ,the term ,pueblo ,land includes land placed in trust with the ,united ,states subsequent to the ,enforceability ,date for either ,pueblo in the ,rio ,san ,jos ,stream ,system1 for the ,pueblo of ,acoma in the ,rio ,salado ,basin1 or for the ,pueblo of ,laguna in the ,rio ,puerco ,basin4 7#ab7 ,pueblo ,trust ,fund ,the term ,pueblo ,trust ,fund means-- 7,a7 the ,pueblo of ,acoma ,settlement ,trust ,fund established under section #aje7;a72 7,b7 the ,pueblo of ,laguna ,settlement ,trust ,fund established under that section2 and 7,c7 the ,acomita ,reservoir ,works ,trust ,fund4 7#ac7 ,pueblo ,water ,rights ,the term ,pueblo ,water ,rights means-- 7,a7 the respective water rights of the ,pueblos in the ,rio ,san ,jos ,stream ,system-- 7i7 as identified in the ,agreement and section #ajd2 and 7ii7 as confirmed in the ,partial ,final ,judgment and ,decree2 7,b7 the water rights of the ,pueblo of ,acoma in the ,rio ,salado ,basin2 and 7,c7 the water rights of the ,pueblo of ,laguna in the ,rio ,puerco ,basin1 as identified in the ,agreement and section #ajd4 7#ad7 ,pueblos ,the term ,pueblos means-- 7,a7 the ,pueblo of ,acoma2 and 7,b7 the ,pueblo of ,laguna4 7#ae7 ,rio ,puerco ,basin ,the term ,rio ,puerco ,basin means the area defined by the ,united ,states ,geological ,survey ,hydrologic ,unit ,codes 7,,huc7 #acjbjbjd 7,rio ,puerco subbasin7 and #acjbjbje 7,arroyo ,chico subbasin71 including the hydrologically connected groundwater4 7#af7 ,rio ,san ,jos ,stream ,system ,the term ,rio ,san ,jos ,stream ,system means the geographic extent of the area involved in the ,adjudication pursuant to the description filed in the ,decree ,court on ,november #ba1 #aihf4 7#ag7 ,rio salado basin ,the term ,rio ,salado ,basin means the area defined by the ,united ,states ,geological ,survey ,hydrologic ,unit ,code 7,,huc7 #acjbjbji 7,rio ,salado subbasin71 including the hydrologically connected groundwater4 7#ah7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ai7 ,signatory ,acequia ,the term ,signatory ,acequia means an acequia that is a signatory to the ,agreement4 7#bj7 ,state ,the term ,state means the ,state of ,new ,mexico and all officers1 agents1 departments1 and political subdivisions of the ,state of ,new ,mexico4 #ajc4 ,ratification of ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this title and to the extent that the ,agreement does not conflict with this title1 the ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment to the ,agreement1 or any attachment to the ,agreement requiring the signature of the ,secretary1 is executed in accordance with this title to make the ,agreement consistent with this title1 the amendment is authorized1 ratified1 and confirmed4 7b7 ,execution 7#a7 ,in general ,to the extent that the ,agreement does not conflict with this title1 the ,secretary shall execute the ,agreement1 including all attachments to1 or parts of1 the ,agreement requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this title prohibits the ,secretary1 after execution of the ,agreement1 from approving any modification to the ,agreement1 including an attachment to the ,agreement1 that is consistent with this title1 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 title1 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 title1 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 #ajd4 ,pueblo ,water ,rights 7a7 ,trust status of the ,pueblo ,water ,rights ,the ,pueblo ,water ,rights shall be held in trust by the ,united ,states on behalf of the ,pueblos in accordance with the ,agreement and this title4 7b7 ,forfeiture and abandonment 7#a7 ,in general ,the ,pueblo ,water ,rights shall not be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law4 7#b7 ,state-law based water rights ,pursuant to the ,agreement1 ,state-law based water rights acquired by a ,pueblo1 or by the ,united ,states on behalf of a ,pueblo1 after the date for inclusion in the ,partial ,final ,judgment and ,decree1 shall not be subject to forfeiture1 abandonment1 or permanent alienation from the time they are acquired4 7c7 ,use ,any use of the ,pueblo ,water ,rights shall be subject to the terms and conditions of the ,agreement and this title4 7d7 ,allotment rights not included ,the ,pueblo ,water ,rights shall not include any water uses or water rights claims on an ,allotment4 7e7 ,authority of the ,pueblos 7#a7 ,in general ,the ,pueblos shall have the authority to allocate1 distribute1 and lease the ,pueblo ,water ,rights for use on ,pueblo ,land in accordance with the ,agreement1 this title1 and applicable ,federal law4 7#b7 ,use off ,pueblo land ,the ,pueblos may allocate1 distribute1 and lease the ,pueblo ,water ,rights for use off ,pueblo ,land in accordance with the ,agreement1 this title1 and applicable ,federal law1 subject to the approval of the ,secretary4 7#c7 ,allottee water rights ,the ,pueblos shall not object in any general stream adjudication1 including the ,adjudication1 or any other appropriate forum1 to the quantification of reasonable domestic1 stock1 and irrigation water uses on an ,allotment1 and shall administer any water use in accordance with applicable ,federal law1 including recognition of-- 7,a7 any water use existing on an ,allotment as of the date of enactment of this ,act2 7,b7 reasonable domestic1 stock1 and irrigation water uses on an ,allotment2 and 7,c7 any ,allotment water right decreed in a general stream adjudication1 including the ,adjudication1 or other appropriate forum1 for an ,allotment4 7f7 ,administration 7#a7 ,no alienation ,the ,pueblos shall not permanently alienate any portion of the ,pueblo ,water ,rights4 7#b7 ,purchases or grants of land from ,indians ,an authorization provided by this title for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this title 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 ,rights by any water user shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all or any portion of the ,pueblo ,water ,rights4 #aje4 ,settlement trust funds 7a7 ,establishment ,the ,secretary shall establish #b trust funds1 to be known as the ,pueblo of ,acoma ,settlement ,trust ,fund and the ,pueblo of ,laguna ,settlement ,trust ,fund1 and a trust fund for the benefit of both ,pueblos to be known as the ,acomita ,reservoir ,works ,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 7c71 together with any investment earnings1 including interest1 earned on those amounts1 for the purpose of carrying out this title4 7b7 ,accounts 7#a7 ,pueblo of ,acoma ,settlement ,trust ,fund ,the ,secretary shall establish in the ,pueblo of ,acoma ,settlement ,trust ,fund established under subsection 7a7 the following accounts3 7,a7 ,the ,water ,rights ,settlement ,account4 7,b7 ,the ,water ,infrastructure ,operations and ,maintenance ,account4 7,c7 ,the ,feasibility ,studies ,settlement ,account4 7#b7 ,pueblo of ,laguna ,settlement ,trust ,fund ,the ,secretary shall establish in the ,pueblo of ,laguna ,settlement ,trust ,fund established under subsection 7a7 the following accounts3 7,a7 ,the ,water ,rights ,settlement ,account4 7,b7 ,the ,water ,infrastructure ,operations and ,maintenance ,account4 7,c7 ,the ,feasibility ,studies ,settlement ,account4 7c7 ,deposits ,the ,secretary shall deposit in each ,pueblo ,trust ,fund the amounts made available pursuant to section #ajf7;a74 7d7 ,management and interest 7#a7 ,management ,on receipt and deposit of funds into the ,pueblo ,trust ,funds under subsection 7c71 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 7c71 any investment earnings1 including interest1 earned on those amounts held in each ,pueblo ,trust ,fund are authorized to be used in accordance with subsections 7f7 and 7h74 7e7 ,availability of amounts 7#a7 ,in general ,amounts appropriated to1 and deposited in1 each ,pueblo ,trust ,fund1 including any investment earnings1 including interest1 earned on those amounts1 shall be made available to the ,pueblo or ,pueblos by the ,secretary beginning on the ,enforceability ,date1 subject to the requirements of this section1 except for those funds to be made available to the ,pueblos pursuant to paragraph 7#b74 7#b7 ,use of funds ,notwithstanding paragraph 7#a7-- 7,a7 amounts deposited in the ,feasibility ,studies ,settlement ,account of each ,pueblo ,trust ,fund1 including any investment earnings1 including interest1 earned on those amounts1 shall be available to the ,pueblo on the date on which the amounts are deposited for uses described in subsection 7h77#c71 and in accordance with the ,agreement2 7,b7 amounts deposited in the ,acomita ,reservoir ,works ,trust ,fund1 including any investment earnings1 including interest1 earned on those amounts1 shall be available to the ,pueblos on the date on which the amounts are deposited for uses described in subsection 7h77#d71 and in accordance with the ,agreement2 and 7,c7 up to #ae1jjj1jjj from the ,water ,rights ,settlement ,account for each ,pueblo shall be available on the date on which the amounts are deposited for installing1 on ,pueblo ,lands1 groundwater wells to meet immediate domestic1 commercial1 municipal and industrial water needs1 and associated environmental1 cultural1 and historical compliance4 7f7 ,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 its respective ,settlement ,trust ,fund on approval by the ,secretary of a ,tribal management plan submitted by each ,pueblo in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #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 earnings1 including interest1 earned on those amounts through the investments under the ,tribal management plan1 in accordance with this title4 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 ,funds under subparagraph 7,a7 are used in accordance with this title4 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 the appropriate ,pueblo shall submit to the ,secretary an expenditure plan for any portion of the ,pueblo ,trust ,fund that the ,pueblo elects to withdraw pursuant to that subparagraph1 subject to the condition that the amounts shall be used for the purposes described in this title4 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 7h74 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 title4 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 title4 7#c7 ,withdrawals from ,acomita ,reservoir ,works ,trust ,fund 7,a7 ,in general ,a ,pueblo may submit to the ,secretary a request to withdraw funds from the ,acomita ,reservoir ,works ,trust ,fund pursuant to an approved joint expenditure plan4 7,b7 ,requirements 7i7 ,in general ,to be eligible to withdraw amounts under a joint expenditure plan under subparagraph 7,a71 the ,pueblos shall submit to the ,secretary a joint expenditure plan for any portion of the ,acomita ,reservoir ,works ,trust ,fund that the ,pueblos elect to withdraw pursuant to this subparagraph1 subject to the condition that the amounts shall be used for the purposes described in subsection 7h77#d74 7ii7 ,written resolution ,each request to withdraw amounts under a joint expenditure plan submitted under clause 7i7 shall be accompanied by a written resolution from the ,tribal councils of both ,pueblos approving the requested use and disbursement of funds4 7,c7 ,inclusions ,a joint expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,acomita ,reservoir ,works ,trust ,fund will be used by the ,pueblo or ,pueblos to whom the funds will be disbursed1 in accordance with subsection 7h77#d74 7,d7 ,approval ,the ,secretary shall approve a joint 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 title4 7,e7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce a joint expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this title4 7g7 ,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 7f7 or an expenditure plan under paragraph 7#b7 or 7#c7 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 7h7 ,uses 7#a7 ,water ,rights ,settlement ,account ,the ,water ,rights ,settlement ,account for each ,pueblo may only be used for the following purposes3 7,a7 ,acquiring water rights or water supply4 7,b7 ,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,c7 ,pueblo ,water ,rights management and administration4 7,d7 ,watershed protection and enhancement1 support of agriculture1 water-related ,pueblo community welfare and economic development1 and costs relating to implementation of the ,agreement4 7,e7 ,environmental compliance in the development and construction of infrastructure under this title4 7#b7 ,water ,infrastructure ,operations and ,maintenance ,trust ,account ,the ,water ,infrastructure ,operations and ,maintenance ,account for each ,pueblo may only be used to pay costs for operation and maintenance of water infrastructure to serve ,pueblo domestic1 commercial1 municipal1 and industrial water uses from any water source4 7#c7 ,feasibility ,studies ,settlement ,account ,the ,feasibility ,studies ,settlement ,account for each ,pueblo may only be used to pay costs for feasibility studies of water supply infrastructure to serve ,pueblo domestic1 commercial1 municipal1 and industrial water uses from any water source4 7#d7 ,acomita ,reservoir ,works ,trust ,fund ,the ,acomita ,reservoir ,works ,trust ,fund may only be used for planning1 permitting1 designing1 engineering1 constructing1 reconstructing1 replacing1 rehabilitating1 maintaining1 or repairing ,acomita reservoir1 its dam1 inlet works1 outlet works1 and the ,north ,acomita ,ditch from the ,acomita ,reservoir outlet on the ,pueblo of ,acoma through its terminus on the ,pueblo of ,laguna4 7i7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,pueblo ,trust ,funds by a ,pueblo under paragraph 7#a71 7#b71 or 7#c7 of subsection 7f74 7j7 ,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#a71 7#b71 or 7#c7 of subsection 7f71 as applicable4 7k7 ,no per capita distributions ,no portion of the ,pueblo ,trust ,funds shall be distributed on a per capita basis to any member of a ,pueblo4 7l7 ,title to infrastructure ,title to1 control over1 and operation of any project constructed using funds from the ,pueblo ,trust ,funds shall remain in the appropriate ,pueblo or ,pueblos4 7m7 ,operation1 maintenance1 and replacement ,all operation1 maintenance1 and replacement costs of any project constructed using funds from the ,pueblo ,trust ,funds shall be the responsibility of the appropriate ,pueblo or ,pueblos4 #ajf4 ,funding 7a7 ,mandatory appropriations ,out of any money in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary the following amounts for deposit in the following accounts3 7#a7 ,pueblo of ,acoma ,settlement ,trust ,fund 7,a7 ,the ,water ,rights ,settlement ,account ,for deposit in the ,water ,rights ,settlement ,account established under section #aje7;b77#a77;,a71 #bif1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7,b7 ,the ,water ,infrastructure ,operations and ,maintenance ,account ,for deposit in the ,water ,infrastructure ,operations and ,maintenance ,account established under section #aje7;b77#a77;,b71 #ad1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7,c7 ,the ,feasibility ,studies ,settlement ,account ,for deposit in the ,feasibility ,studies ,settlement ,account established under section #aje7;b77#a77;,c71 #a1gej1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#b7 ,pueblo of ,laguna ,settlement ,trust ,fund 7,a7 ,the ,water ,rights ,settlement ,account ,for deposit in the ,water ,rights ,settlement ,account established under section #aje7;b77#b77;,a71 #dfd1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7,b7 ,the ,water ,infrastructure ,operations and ,maintenance ,account ,for deposit in the ,water ,infrastructure ,operations and ,maintenance ,account established under section #aje7;b77#b77;,b71 #bf1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7,c7 ,the ,feasibility ,studies ,settlement ,account ,for deposit in the ,feasibility ,studies ,settlement ,account established under section #aje7;b77#b77;,c71 #c1bej1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#c7 ,acomita ,reservoir ,works ,trust ,fund ,for deposit in the ,acomita ,reservoir ,works ,trust ,fund1 #de1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7b7 ,fluctuation in costs 7#a7 ,in general ,the amounts 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 amounts 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 and adjustment under this subsection for any increment of funding shall start on ,october #a1 #bjba1 and end on the date on which funds are deposited in the applicable ,pueblo ,trust ,fund4 7c7 ,state cost-,share ,pursuant to the ,agreement1 the ,state shall contribute-- 7#a7 #bc1ejj1jjj1 as adjusted for inflation pursuant to the ,agreement1 for the ,joint ,grants-,milan ,project for ,water ,re-,use1 ,water ,conservation and ,augmentation of the ,rio ,san ,jos1 the ,village of ,milan ,projects ,fund1 and the ,city of ,grants ,projects ,fund2 7#b7 #ab1jjj1jjj1 as adjusted for the inflation pursuant to the ,agreement1 for ,signatory ,acequias ,projects and ,offset ,projects ,fund for the ,association of ,community ,ditches of the ,rio ,san ,jos2 and 7#c7 #ejj1jjj1 as adjusted for inflation pursuant to the ,agreement1 to mitigate impairment to non-,pueblo domestic and livestock groundwater rights as a result of new ,pueblo water use4 #ajg4 ,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 title1 the ,agreement has been amended to conform with this title2 7#b7 the ,agreement1 as amended1 has been executed by all parties to the ,agreement1 including the ,united ,states2 7#c7 all of the amounts appropriated under section #ajf have been appropriated and deposited in the designated accounts of the ,pueblo ,trust ,fund2 7#d7 the ,state has-- 7,a7 provided the funding under section #ajf7;c77#c7 into the appropriate funding accounts2 7,b7 provided the funding under paragraphs 7#a7 and 7#b7 of section #ajf7;c7 into the appropriate funding accounts or entered into funding agreements with the intended beneficiaries for funding under those paragraphs of that section2 and 7,c7 enacted legislation to amend ,state law to provide that a ,pueblo ,water ,right may be leased for a term not to exceed #ii years1 including renewals2 7#e7 the ,decree ,court has approved the ,agreement and has entered a ,partial ,final ,judgment and ,decree2 and 7#f7 the waivers and releases under section #ajh have been executed by the ,pueblos and the ,secretary4 #ajh4 ,waivers and releases of claims 7a7 ,waivers and releases of claims by ,pueblos and the ,united ,states as trustee for ,pueblos ,subject to the reservation of rights and retention of claims under subsection 7d71 as consideration for recognition of the ,pueblo ,water ,rights and other benefits described in the ,agreement and this title1 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 ,rio ,san ,jos ,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 rights are recognized in the ,agreement and this title2 and 7#b7 damages1 losses1 or injuries to water rights or claims of interference with1 diversion of1 or taking of water rights 7including claims for injury to land resulting from such damages1 losses1 injuries1 interference with1 diversion1 or taking of water rights7 in waters in the ,rio ,san ,jos ,stream ,system against any party to the ,agreement1 including the members and parciantes of ,signatory ,acequias1 that accrued at any time up to and including the ,enforceability ,date4 7b7 ,waivers and releases of claims by ,pueblos against ,united ,states ,subject to the reservation of rights and retention of claims under subsection 7d71 the ,pueblos shall execute a waiver and release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7 first arising before the ,enforceability ,date relating to-- 7#a7 water rights within the ,rio ,san ,jos ,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 ,rights under this title2 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 ,rio ,san ,jos ,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 ,rio ,san ,jos ,stream ,system2 7#d7 a failure to provide for operation1 maintenance1 or deferred maintenance for any irrigation system or irrigation project within the ,rio ,san ,jos ,stream ,system2 7#e7 a failure to establish or provide a municipal1 rural1 or industrial water delivery system on ,pueblo ,land within the ,rio ,san ,jos ,stream ,system2 7#f7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to construction1 operation1 and management of irrigation projects on ,pueblo ,land 7including damages1 losses1 or injuries to fish habitat1 wildlife1 and wildlife habitat7 within the ,rio ,san ,jos ,stream ,system2 7#g7 a failure to provide a dam safety improvement to a dam on ,pueblo ,land within the ,rio ,san ,jos ,stream ,system2 7#h7 the litigation of claims relating to any water right of the ,pueblos within the ,rio ,san ,jos ,stream ,system2 and 7#i7 the negotiation1 execution1 or adoption of the ,agreement 7including attachments7 and this title4 7c7 ,effective date ,the waivers and releases described in subsections 7a7 and 7b7 shall take effect on the ,enforceability ,date4 7d7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under subsections 7a7 and 7b71 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 to1 water rights recognized under the ,agreement1 this title1 or the ,partial ,final ,judgment and ,decree entered in the ,adjudication2 7#b7 activities affecting the quality of water and the environment1 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 claims for water rights1 and claims for injury to water rights1 in basins other than the ,rio ,san ,jos ,stream ,system1 subject to ,article #h4e of the ,agreement with respect to the claims of the ,pueblo of ,laguna for water rights in the ,rio ,puerco ,basin and the claims of the ,pueblo of ,acoma for water rights in the ,rio ,salado ,basin2 7#f7 all claims relating to the ,jackpile-,paguate ,uranium ,mine in the ,state that are not due to loss of water or water rights2 and 7#g7 all rights1 remedies1 privileges1 immunities1 powers1 and claims not specifically waived and released pursuant to this title or the ,agreement4 7e7 ,effect of ,agreement and title ,nothing in the ,agreement or this title-- 7#a7 reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity1 except as provided in section #aaj2 7#b7 affects the ability of the ,united ,states1 as a 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 through 7,d72 7#c7 affects the ability of the ,united ,states to act as trustee for the ,pueblos 7consistent with this title71 any other pueblo or ,indian ,tribe1 or an ,allottee of any ,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 or 7,c7 to conduct judicial review of any ,federal agency action2 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 7f7 ,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 7g7 ,expiration 7#a7 ,in general ,this title shall expire in any case in which the ,secretary fails to publish a statement of findings under section #ajg 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 title expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsections 7a7 and 7b7 shall-- 7i7 expire2 and 7ii7 have no further force or effect2 7,b7 the authorization1 ratification1 confirmation1 and execution of the ,agreement under section #ajc shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into1 pursuant to this title shall be void2 7,d7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this title1 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 title1 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 title that were expended or withdrawn1 or any funds made available to carry out this title 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 ,rights2 or 7,,ii7 any other matter covered by subsection 7b72 or 7ii7 in any future settlement of water rights of the ,pueblos4 #aji4 ,satisfaction of claims ,the benefits provided under this title 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 #ajh7;b74 #aaj4 ,consent of ,united ,states to jurisdiction for judicial review of a ,pueblo ,water ,right permit decision 7a7 ,consent ,on the ,enforceability ,date1 the consent of the ,united ,states is hereby given1 with the consent of each ,pueblo under ,article #aa4e of the ,agreement1 to jurisdiction in the ,district ,court for the ,thirteenth ,judicial ,district of the ,state of ,new ,mexico1 and in the ,new ,mexico ,court of ,appeals and the ,new ,mexico ,supreme ,court on appeal therefrom in the same manner as provided under ,new ,mexico law1 over an action filed in such ,district ,court by any party to a ,pueblo ,water ,rights ,permit administrative proceeding under ,article #aa4d of the ,agreement for the limited and sole purpose of judicial review of a ,pueblo ,water ,right ,permit decision under ,article #aa4e of the ,agreement4 7b7 ,limitation ,the consent of the ,united ,states under this title is limited to judicial review1 based on the record developed through the administrative process of the ,pueblo1 under a standard of judicial review limited to determining whether the ,pueblo decision on the application for ,pueblo ,water ,right ,permit-- 7#a7 is supported by substantial evidence2 7#b7 is not arbitrary1 capricious1 or contrary to law2 7#c7 is not in accordance with the ,agreement or the ,partial ,final ,judgment and ,decree2 or 7#d7 shows that the ,pueblo acted fraudulently or outside the scope of its authority4 7c7 ,pueblo ,water ,code and interpretation 7#a7 ,in general ,pueblo ,water ,code or ,pueblo ,water ,law provisions that meet the requirements of ,article #aa of the ,agreement shall be given full faith and credit in any proceeding described in this section4 7#b7 ,provisions of the ,pueblo ,water ,code ,to the extent that a ,state court conducting judicial review under this section must interpret provisions of ,pueblo law that are not express provisions of the ,pueblo ,water ,code1 the ,state court shall certify the question of interpretation to the ,pueblo court4 7#c7 ,no certification ,any issues of interpretation of standards in ,article #aa4f of the ,agreement are not subject to certification4 7#d7 ,limitation ,nothing in this section limits the jurisdiction of the ,decree ,court to interpret and enforce the ,agreement4 #aaa4 ,miscellaneous provisions 7a7 ,no waiver of sovereign immunity by the ,united ,states ,nothing in this title waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this title 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 ,allottees not adversely affected ,nothing in this title quantifies or diminishes any water right1 or any claim or entitlement to water1 of an ,allottee4 7d7 ,effect on current law ,nothing in this title 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 7e7 ,conflict ,in the event of a conflict between the ,agreement and this title1 this title shall control4 #aab4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this title1 including any obligation or activity under the ,agreement1 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this title4 ,,ii ,pueblos of ,jemez and ,zia ,water ,rights ,settlement #bja4 ,purposes ,the purposes of this title 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 title2 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 title2 and 7#d7 to authorize funds necessary for the implementation of the ,agreement and this title4 #bjb4 ,definitions ,in this title3 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 title4 7#c7 ,enforceability ,date ,the term ,enforceability ,date means the date described in section #bjg4 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 title2 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 #bje7;a72 and 7,b7 the ,pueblo of ,zia ,settlement ,trust ,fund established under that section4 7#i7 ,pueblo ,water ,rights ,the term ,pueblo ,water ,rights means the respective water rights of the ,pueblos-- 7,a7 as identified in the ,agreement and section #bjd2 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 #bjc4 ,ratification of ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this title and to the extent that the ,agreement does not conflict with this title1 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 title to make the ,agreement consistent with this title1 the amendment is authorized1 ratified1 and confirmed4 7b7 ,execution 7#a7 ,in general ,to the extent the ,agreement does not conflict with this title1 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 title 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 title1 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 title1 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 title1 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 #bjd4 ,pueblo ,water ,rights 7a7 ,trust status of the ,pueblo ,water ,rights ,the ,pueblo ,water ,rights shall be held in trust by the ,united ,states on behalf of the ,pueblos in accordance with the ,agreement and this title4 7b7 ,forfeiture and abandonment 7#a7 ,in general ,the ,pueblo ,water ,rights shall not be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law4 7#b7 ,state-law based water rights ,state-law based water rights acquired by a ,pueblo1 or by the ,united ,states on behalf of a ,pueblo1 after the date for inclusion in the ,partial ,final ,judgment and ,decree1 shall not be subject to forfeiture1 abandonment1 or permanent alienation from the time they are acquired4 7c7 ,use ,any use of the ,pueblo ,water ,rights shall be subject to the terms and conditions of the ,agreement and this title4 7d7 ,authority of the ,pueblos 7#a7 ,in general ,the ,pueblos shall have the authority to allocate1 distribute1 and lease the ,pueblo ,water ,rights for use on ,pueblo ,land in accordance with the ,agreement1 this title1 and applicable ,federal law4 7#b7 ,use off ,pueblo land ,the ,pueblos may allocate1 distribute1 and lease the ,pueblo ,water ,rights for use off ,pueblo ,land in accordance with the ,agreement1 this title1 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 ,rights4 7#b7 ,purchases or grants of land from ,indians ,an authorization provided by this title for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this title 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 ,rights by any water user shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all or any portion of the ,pueblo ,water ,rights4 #bje4 ,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 title4 7b7 ,deposits ,the ,secretary shall deposit in each ,pueblo ,trust ,fund the amounts made available pursuant to section #bjf7;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 earnings1 including interest1 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 amounts through the investments under the ,tribal management plan1 in accordance with this title4 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 title4 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 title4 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 title4 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 title4 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 title4 7#e7 ,the management and administration of the ,pueblo ,water ,rights4 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 #bjf4 ,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 #bje7;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 #bjg4 ,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 title1 the ,agreement has been amended to conform with this title2 7#b7 the ,agreement1 as amended1 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 #bjf 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 #bjf7;c77#b7 into appropriate funding accounts2 7,b7 provided the funding under section #bjf7;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 7#f7 the waivers and releases under section subsections 7a7 and 7b7 of section #bjh have been executed by the ,pueblos and the ,secretary2 and 7#g7 the waivers and releases under section #bjh have been executed by the ,pueblos and the ,secretary4 #bjh4 ,waivers and releases of claims 7a7 ,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 7d71 as consideration for recognition of the ,pueblo ,water ,rights and other benefits described in the ,agreement and this title1 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 title2 and 7#b7 damages1 losses1 or injuries to water rights or claims of interference with1 diversion of1 or taking of water rights 7including claims for injury to land resulting from such damages1 losses1 injuries1 interference1 diversion1 or taking of water rights7 in the ,jemez ,river ,stream ,system against any party to the ,agreement1 including the members and parciantes of signatory acequias1 that accrued at any time up to and including the ,enforceability ,date4 7b7 ,waivers and releases of claims by ,pueblos against ,united ,states ,subject to the reservation of rights and retention of claims under subsection 7d71 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 ,rights under this title2 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 title4 7c7 ,effective date ,the waivers and releases described in subsections 7a7 and 7b7 shall take effect on the ,enforceability ,date4 7d7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under subsections 7a7 and 7b71 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 to1 water rights recognized under the ,agreement1 this title1 or the ,partial ,final ,judgement and ,decree entered into in the ,adjudication2 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 title or the ,agreement2 and 7#f7 loss of water or water rights in locations outside of the ,jemez ,river ,stream ,system4 7e7 ,effect of ,agreement and title ,nothing in the ,agreement or this title-- 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 title71 any other pueblo or ,indian ,tribe1 or an allottee of any ,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 7f7 ,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 7g7 ,expiration 7#a7 ,in general ,this title shall expire in any case in which the ,secretary fails to publish a statement of findings under section #bjg 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 title expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsections 7a7 and 7b7 shall-- 7i7 expire2 and 7ii7 have no further force or effect2 7,b7 the authorization1 ratification1 confirmation1 and execution of the ,agreement under section #bjc shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into1 pursuant to this title shall be void2 7,d7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this title1 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 title 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 title that were expended or withdrawn1 or any funds made available to carry out this title 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 ,rights2 or 7,,ii7 any other matter covered by subsection 7b72 or 7ii7 in any future settlement of water rights of the ,pueblos4 #bji4 ,satisfaction of claims ,the benefits provided under this title 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 #bjh7;b74 #baj4 ,miscellaneous provisions 7a7 ,no waiver of sovereign immunity by the ,united ,states ,nothing in this title waives the sovereign immunity of the ,united ,states4 7b7 ,other ,tribes not adversely affected ,nothing in this title 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 title 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 title1 this title shall control4 #baa4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this title1 including any obligation or activity under the ,agreement1 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this title4