,,ii ,calendar ,no4 #dbh #aaith ,,congress #b;d ,session ,s4 #efc ,report ,no4 #aai-abd ,,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 ,june #d1 #bjbf,reported by ,ms4 ,murkowski1 without amendment ,a ,,bill ,to approve the settlement of water rights claims of ,ohkay ,owingeh in the ,rio ,chama ,stream ,system1 to restore the ,bosque on ,pueblo ,land 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 ,ohkay ,owingeh ,rio ,chama ,water ,rights ,settlement ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,sec4 #d4 ,ratification of ,agreement4,sec4 #e4 ,pueblo ,water ,rights4,sec4 #f4 ,settlement ,trust ,fund4,sec4 #g4 ,funding4,sec4 #h4 ,enforceability ,date4,sec4 #i4 ,waivers and releases of claims4,sec4 #aj4 ,satisfaction of claims4,sec4 #aa4 ,miscellaneous provisions4,sec4 #ab4 ,antideficiency4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all claims to water rights in the ,rio ,chama ,stream ,system in the ,state for-- 7,a7 ,ohkay ,owingeh2 and 7,b7 the ,united ,states1 acting as trustee for ,ohkay ,owingeh2 7#b7 to authorize1 ratify1 and confirm the ,agreement entered into by ,ohkay ,owingeh1 the ,state1 and various other parties to the extent that the ,agreement is consistent with this ,act2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the ,agreement2 and 7,b7 to take any other actions necessary to carry out the ,agreement in accordance with this ,act2 and 7#d7 to authorize funds necessary for the implementation of the ,agreement and this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,adjudication ,the term ,adjudication means the general stream adjudication of water rights in the ,rio ,chama ,stream ,system entitled ,state of ,new ,mexico ex rel4 ,state ,engineer v4 ,aragon1 ,civil ,no4 #fi-;,,cv-#jgida-,,kwr_/,,kk1 pending1 as of the date of enactment of this ,act1 in the ,united ,states ,district ,court for the ,district of ,new ,mexico4 7#b7 ,agreement ,the term ,agreement means-- 7,a7 the document entitled ,ohkay ,owingeh ,rio ,chama ,water ,rights ,settlement and dated ,july #e1 #bjbc1 and the exhibits attached thereto2 and 7,b7 any amendment to the document referred to in subparagraph 7,a7 7including an amendment to an exhibit thereto7 that is executed to ensure that the ,agreement is consistent with this ,act4 7#c7 ,bosque ,the term bosque means a gallery forest located along the riparian floodplain of a stream1 riverbank1 or lake4 7#d7 ,city of ,espaola ,the term ,city of ,espaola means a municipal corporation of the ,state4 7#e7 ,enforceability ,date ,the term ,enforceability ,date means the date described in section #h4 7#f7 ,ohkay ,owingeh2 ,pueblo ,the terms ,ohkay ,owingeh and ,pueblo mean the body politic and federally recognized ,indian nation4 7#g7 ,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 ,ohkay ,owingeh in the ,rio ,chama ,stream ,system-- 7,a7 that is substantially in the form described in the ,agreement1 as amended to ensure consistency with this ,act2 and 7,b7 from which no further appeal may be taken4 7#h7 ,pueblo ,grant ,the term ,pueblo ,grant means the land recognized and confirmed by the ,federal patent issued to ,ohkay ,owingeh 7then known as the ,pueblo of ,san ,juan7 under the ,act of ,december #bb1 #aheh 7#aa ,stat4 #cgd1 chapter ,v74 7#i7 ,pueblo ,land ,the term ,pueblo ,land means any real property that is-- 7,a7 held by the ,united ,states in trust for ,ohkay ,owingeh within the ,rio ,chama ,stream ,system2 7,b7 owned by the ,pueblo within the ,rio ,chama ,stream ,system before the ,enforceability ,date2 or 7,c7 acquired by the ,pueblo within the ,rio ,chama ,stream ,system on or after the ,enforceability ,date if the real property is located-- 7i7 within the exterior boundaries of the ,pueblo ,grant2 or 7ii7 within the exterior boundaries of any territory set aside for the ,pueblo by law1 ,executive order1 or court decree4 7#aj7 ,pueblo ,water ,rights ,the term ,pueblo ,water ,rights means the water rights of ,ohkay ,owingeh in the ,rio ,chama ,stream ,system-- 7,a7 as identified in the ,agreement and section #e2 and 7,b7 as confirmed in the ,partial ,final ,judgment and ,decree4 7#aa7 ,rio ,chama ,stream ,system ,the term ,rio ,chama ,stream ,system means the ,rio ,chama surface water drainage basin within the ,state1 as illustrated in ,exhibit ,a to the ,agreement4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ac7 ,signatory ,acequia ,the term ,signatory ,acequia means an acequia that is a signatory to the ,agreement4 7#ad7 ,state ,the term ,state means the ,state of ,new ,mexico4 7#ae7 ,trust ,fund ,the term ,trust ,fund means the ,ohkay ,owingeh ,water ,rights ,settlement ,trust ,fund established under section #f7;a74 #d4 ,ratification of ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this ,act1 and to the extent that the ,agreement does not conflict with this ,act1 the ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment to the ,agreement1 or to any exhibit to the ,agreement requiring the signature of the ,secretary1 is executed in accordance with this ,act to make the ,agreement consistent with this ,act1 the amendment is authorized1 ratified1 and confirmed4 7b7 ,execution 7#a7 ,in general ,to the extent the ,agreement does not conflict with this ,act1 the ,secretary shall execute the ,agreement1 including all exhibits thereto or parts of the ,agreement requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this ,act prohibits the ,secretary1 after execution of the ,agreement1 from approving any modification to the ,agreement1 including an exhibit to the ,agreement1 that is consistent with this ,act1 to the extent that the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable provision of ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,agreement and this ,act1 the ,secretary shall comply with-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7,c7 all other applicable ,federal environmental laws and regulations4 7#b7 ,compliance and coordination 7,a7 ,in general ,in implementing the ,agreement and this ,act1 the ,pueblo shall prepare any necessary environmental documents 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 ,coordination with ,army ,corps of ,engineers ,for any bosque restoration or improvement project carried out by the ,pueblo with funds appropriated under this ,act1 the ,pueblo shall coordinate with the ,corps of ,engineers to ensure that work on the project shall not interfere with or adversely affect any authorized ,federal project that is under the jurisdiction and authority of the ,corps of ,engineers4 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 and coordination activities under this subsection shall be paid from funds deposited in the ,trust ,fund1 subject to the condition that any costs associated with the performance of ,federal approval or other review of that compliance work or costs associated with inherently ,federal functions shall remain the responsibility of the ,secretary1 with the exception that costs for review of bosque restoration or improvement projects by the ,corps of ,engineers described in paragraph 7#b77;,c7 shall be paid from funds deposited in the ,trust ,fund4 #e4 ,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 ,ohkay ,owingeh in accordance with the ,agreement and this ,act4 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 ,ohkay ,owingeh1 or by the ,united ,states on behalf of ,ohkay ,owingeh1 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 ,act4 7d7 ,authority of the ,pueblo 7#a7 ,in general ,ohkay ,owingeh may allocate1 distribute1 and lease the ,pueblo ,water ,rights for use on ,pueblo ,land in accordance with the ,agreement1 this ,act1 and applicable ,federal law1 including the ,act of ,august #i1 #aiee 7#be ,u4,s4,c4 #dae et seq47 7commonly known as the ,long-,term ,leasing ,act74 7#b7 ,use off ,pueblo ,land 7,a7 ,in general ,ohkay ,owingeh may allocate1 distribute1 and lease the ,pueblo ,water ,rights for use off ,pueblo ,land in accordance with the ,agreement1 this ,act1 and applicable ,federal law1 subject to the approval of the ,secretary4 7,b7 ,maximum term of leases ,the maximum term of any lease1 including all renewals1 under this paragraph shall not exceed #ii years4 7e7 ,administration 7#a7 ,no alienation ,the ,pueblo 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 ,act for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this ,act shall be considered to satisfy any requirement for authorization of the action required by ,federal law4 7#c7 ,prohibition on forfeiture ,the non-use of all or any portion of the ,pueblo ,water ,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 #f4 ,settlement ,trust ,fund 7a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,ohkay ,owingeh ,water ,rights ,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 ,trust ,fund under subsection 7b71 together with any investment earnings1 including interest1 earned on those amounts for the purpose of carrying out this ,act4 7b7 ,deposits ,the ,secretary shall deposit in the ,trust ,fund the amounts made available pursuant to section #g7;a74 7c7 ,management and interest 7#a7 ,management ,on receipt and deposit of funds into the ,trust ,fund under subsection 7b71 the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund 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 amounts deposited into the ,trust ,fund under subsection 7b71 any investment earnings1 including interest1 earned on those amounts held in the ,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 the ,trust ,fund1 including any investment earnings 7including interest7 earned on those amounts1 shall be made available to ,ohkay ,owingeh by the ,secretary beginning on the ,enforceability ,date1 subject to the requirements of this section1 except for funds to be made available to ,ohkay ,owingeh pursuant to paragraph 7#b74 7#b7 ,use of funds ,notwithstanding paragraph 7#a71 not more than #ajj1jjj1jjj of the amounts deposited in the ,trust ,fund1 including any investment earnings1 including interest1 earned on those amounts1 shall be available to ,ohkay ,owingeh for the following uses on the date on which the amounts are deposited in the ,trust ,fund3 7,a7 ,diversions of surface water and groundwater to the ,rio ,chama bosque for immediate and essential restoration and maintenance of the bosque4 7,b7 ,fulfillment of the contribution of the ,pueblo under the ,agreement for improvements to senior acequias on ,pueblo ,land supplying water to the ,pueblo and non-,indians4 7,c7 ,establishment and operation of the water rights management administrative department of the ,pueblo4 7,d7 ,acquisition of water rights4 7,e7 ,development of water infrastructure plans1 preparing environmental compliance documents1 and water project engineering and construction4 7e7 ,withdrawals 7#a7 ,withdrawals under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7,a7 ,in general ,the ,pueblo may withdraw any portion of the amounts in the ,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 subparagraph 7,a7 shall require that the ,pueblo shall spend all amounts withdrawn from the ,trust ,fund1 and any investment earnings 7including interest7 earned on those amounts through the investments under the ,tribal management plan1 in accordance with this ,act4 7,c7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the ,tribal management plan under subparagraph 7,a7 to ensure that amounts withdrawn by the ,pueblo from the ,trust ,fund under that subparagraph are used in accordance with this ,act4 7#b7 ,withdrawals under expenditure plan 7,a7 ,in general ,ohkay ,owingeh may submit to the ,secretary a request to withdraw funds from the ,trust ,fund pursuant to an approved expenditure plan4 7,b7 ,requirements ,to be eligible to withdraw amounts under an expenditure plan under subparagraph 7,a71 the ,pueblo shall submit to the ,secretary an expenditure plan for any portion of the ,trust ,fund the ,pueblo elects to withdraw pursuant to that subparagraph1 subject to the condition that the amounts shall be used for the purposes described in this ,act4 7,c7 ,inclusions ,an expenditure plan under subparagraph 7,a7 shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,trust ,fund will be used by ,ohkay ,owingeh1 in accordance with this subsection and subsection 7g74 7,d7 ,approval ,the ,secretary shall approve an expenditure plan submitted under subparagraph 7,a7 if the ,secretary determines that the plan-- 7i7 is reasonable2 and 7ii7 is consistent with1 and will be used for1 the purposes of this ,act4 7,e7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this ,act4 7f7 ,effect of section ,nothing in this section gives ,ohkay ,owingeh 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 subsection1 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 ,the ,trust ,fund may only be used 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 supply or wastewater infrastructure4 7#b7 ,planning1 permitting1 designing1 engineering1 constructing1 reconstructing1 replacing1 rehabilitating1 operating1 or repairing water production1 treatment1 or delivery infrastructure1 acquisition of water1 or on-farm improvements for irrigation1 livestock1 and support of agriculture4 7#c7 ,planning1 permitting1 designing1 engineering1 constructing1 reconstructing1 replacing1 rehabilitating1 operating1 monitoring or other measures for watershed and endangered species habitat protection1 bosque restoration or improvement 7including any required cost shares for and allowable contributions to a ,federal project or program71 land and water rights acquisition1 water-related ,pueblo community welfare and economic development1 and costs relating to implementation of the ,agreement4 7#d7 ,the management and administration of any water rights of the ,pueblo4 7#e7 ,ensuring environmental compliance in the development and construction of projects under this ,act4 7h7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,pueblo under paragraph 7#a7 or 7#b7 of subsection 7e74 7i7 ,expenditure reports ,ohkay ,owingeh 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 the ,trust ,fund shall be distributed on a per capita basis to any member of ,ohkay ,owingeh4 7k7 ,title to infrastructure ,title to1 control over1 and operation of any project constructed using funds from the ,trust ,fund shall remain in ,ohkay ,owingeh1 except that title to projects that are improved with funds from the ,trust ,fund for the mutual benefit of the ,pueblo and non-,indians1 on property owned by non-,indians1 shall remain with the underlying non-,indian owner4 7l7 ,operation1 maintenance1 and replacement ,all operation1 maintenance1 and replacement costs of any project constructed using funds from the ,trust ,fund shall be the responsibility of ,ohkay ,owingeh4 #g4 ,funding 7a7 ,mandatory appropriations ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary for deposit in the ,trust ,fund #gde1jjj1jjj1 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 ,june #a1 #bjbc1 and end on the date on which the funds are deposited in the ,trust ,fund4 7c7 ,state cost share ,pursuant to the ,agreement1 the ,state shall contribute-- 7#a7 #ih1ejj1jjj1 as adjusted for inflation pursuant to the ,agreement1 for ,signatory ,acequias ditch improvements1 projects1 and other purposes described in the ,agreement2 7#b7 #cb1jjj1jjj1 as adjusted for inflation pursuant to the ,agreement1 for the ,city of ,espaola for water system improvement projects2 and 7#c7 #ejj1jjj1 to be deposited in an interest-bearing account1 to mitigate impairment to non-,pueblo domestic and livestock groundwater rights as a result of new ,pueblo water use4 #h4 ,enforceability ,date ,the ,enforceability ,date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 to the extent that the ,agreement conflicts with this ,act1 the ,agreement has been amended to conform with this ,act2 7#b7 the ,agreement1 as amended1 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 the amounts appropriated under section #g7;a7 have been appropriated and deposited in the ,trust ,fund2 7#e7 the ,state has-- 7,a7 provided the funding under section #g7;c77#a7 or entered into a funding agreement with the intended beneficiary for that funding2 7,b7 provided the funding under section #g7;c77#b7 or entered into a funding agreement with the intended beneficiary for that funding2 7,c7 provided the funding under section #g7;c77#c7 and deposited that amount into the appropriate funding account2 and 7,d7 enacted legislation to amend ,state law to provide that the ,pueblo ,water ,rights may be leased for a term not to exceed #ii years1 including renewals2 and 7#f7 the waivers and releases under section #i have been executed by ,ohkay ,owingeh and the ,secretary4 #i4 ,waivers and releases of claims 7a7 ,waivers and releases of claims by ,ohkay ,owingeh and ,united ,states as trustee for ,ohkay ,owingeh ,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 ,act1 ,ohkay ,owingeh and the ,united ,states1 acting as trustee for ,ohkay ,owingeh1 shall execute a waiver and release of all claims for-- 7#a7 water rights within the ,rio ,chama ,stream ,system that ,ohkay ,owingeh1 or the ,united ,states acting as trustee for ,ohkay ,owingeh1 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 ,act2 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 ,rio ,chama ,stream ,system that accrued at any time up to and including the ,enforceability ,date4 7b7 ,waivers and releases of claims by ,ohkay ,owingeh against the ,united ,states ,subject to the reservation of rights and retention of claims under subsection 7d71 ,ohkay ,owingeh 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 ,rio ,chama ,stream ,system first arising before the ,enforceability ,date relating to-- 7#a7 water rights within the ,rio ,chama ,stream ,system that the ,united ,states1 acting as trustee for ,ohkay ,owingeh1 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 ,act2 7#b7 foregone benefits from non-,pueblo use of water1 on and off ,pueblo ,land 7including water from all sources and for all uses71 within the ,rio ,chama ,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 ,chama ,stream ,system2 7#d7 failure to establish or provide a municipal1 rural1 or industrial water delivery system on ,pueblo ,land within the ,rio ,chama ,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 and facilities 7including damages1 losses1 or injuries to fish habitat1 wildlife1 and wildlife habitat7 within the ,rio ,chama ,stream ,system2 7#f7 failure to provide for operation1 maintenance1 or deferred maintenance for any irrigation system or irrigation project within the ,rio ,chama ,stream ,system2 7#g7 failure to provide a dam safety improvement to a dam on ,pueblo ,land within the ,rio ,chama ,stream ,system2 7#h7 damage1 loss1 or injury to the bosque area of the ,rio ,chama due to the construction1 operation1 and maintenance of ,abiquiu ,dam and its associated infrastructure and resulting ,rio ,chama flow management2 7#i7 the litigation of claims relating to any water right of ,ohkay ,owingeh within the ,rio ,chama ,stream ,system2 7#aj7 the taking of the bosque property of the ,pueblo within the ,pueblo ,grant on the ,rio ,chama and ,rio ,grande as asserted in ,ohkay ,owingeh v4 ,united ,states1 ,no4 #bb-afjg,l 7,court of ,federal ,claims72 7#aa7 failure of the ,united ,states to acknowledge and protect aboriginal rights to water in the ,rio ,chama ,stream ,system2 7#ab7 the failure of the ,united ,states to develop the irrigation water resources in the ,rio ,chama ,stream ,system on the ,pueblo ,grant1 including failure to-- 7,a7 construct and deliver water through the ,highline ,canal2 7,b7 make improvements to the ,chamita ,ditch2 and 7,c7 repurchase arable land unlawfully obtained by non-,indians2 7#ac7 the failure of the ,united ,states to prevent or remedy non-,indians' trespass on or seizure of arable ,pueblo lands in the ,rio ,chama ,stream ,system on the ,pueblo ,grant2 and 7#ad7 the negotiation1 execution1 or adoption of the ,agreement 7including exhibits7 and this ,act4 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 ,pueblo and the ,united ,states1 acting as trustee for ,ohkay ,owingeh1 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 ,act1 or the ,partial ,final ,judgment and ,decree entered 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 seq472 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#c7 the right to use and protect water rights acquired after the date of enactment of this ,act2 7#d7 damage1 loss1 or injury to land or natural resources that is not due to loss of water or water rights1 including hunting1 fishing1 gathering1 or cultural rights2 7#e7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this ,act or the ,agreement2 and 7#f7 loss of water or water rights in locations outside of the ,rio ,chama ,stream ,system4 7e7 ,effect of ,agreement and ,act ,nothing in the ,agreement or this ,act-- 7#a7 reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity2 7#b7 affects the ability of the ,united ,states1 as sovereign1 to carry out any activity authorized by law1 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 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 ,pueblo 7consistent with this ,act71 any other pueblo or ,indian ,tribe1 or an allottee of any other pueblo or ,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 relating to health1 safety1 or the environment2 7,c7 to conduct judicial review of any ,federal agency action2 or 7,d7 to interpret ,pueblo law2 or 7#e7 waives any claim of a member of ,ohkay ,owingeh in an individual capacity that does not derive from a right of the ,pueblo4 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 ,act shall expire in any case in which the ,secretary fails to publish a statement of findings under section #h by not later than-- 7,a7 ,july #a1 #bjch2 or 7,b7 such alternative later date as is agreed to by ,ohkay ,owingeh and the ,secretary1 after providing reasonable notice to the ,state4 7#b7 ,consequences ,if this ,act expires under paragraph 7#a7-- 7,a7 the waivers and releases under 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 #d shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into1 pursuant to this ,act shall be void2 7,d7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this ,act1 together with any interest earned on those funds1 and any water rights or contracts to use water and title to other property acquired or constructed with ,federal funds appropriated or made available to carry out the activities authorized by this ,act shall be returned to the ,federal ,government1 unless otherwise agreed to by ,ohkay ,owingeh and the ,united ,states and approved by ,congress2 and 7,e7 except for ,federal funds used to acquire or construct property that is returned to the ,federal ,government under subparagraph 7,d71 the ,united ,states shall be entitled to offset any ,federal funds made available to carry out this ,act that were expended or withdrawn1 or any funds made available to carry out this ,act from other ,federal authorized sources1 together with any interest accrued on those funds1 against any claims against the ,united ,states-- 7i7 relating to-- 7,i7 water rights in the ,state asserted by-- 7aa7 ,ohkay ,owingeh2 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 ,ohkay ,owingeh4 #aj4 ,satisfaction of claims ,the benefits provided under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of any claim of ,ohkay ,owingeh against the ,united ,states that is waived and released by ,ohkay ,owingeh pursuant to section #i7;b74 #aa4 ,miscellaneous provisions 7a7 ,no waiver of sovereign immunity by the ,united ,states ,nothing in this ,act waives the sovereign immunity of the ,united ,states4 7b7 ,other ,tribes not adversely affected ,nothing in this ,act quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of an ,indian ,tribe1 band1 pueblo1 or community other than ,ohkay ,owingeh4 7c7 ,effect on current law ,nothing in this ,act affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to pre-enforcement review of any ,federal environmental enforcement action4 7d7 ,conflict ,in the event of a conflict between the ,agreement and this ,act1 this ,act shall control4 7e7 ,hold harmless ,for any bosque restoration or improvement project carried out by the ,pueblo with funds appropriated under this ,act1 the ,pueblo shall hold and save the ,united ,states free from damages due to the construction or operation and maintenance of the project4 #ab4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this ,act1 including any obligation or activity under the ,agreement1 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this ,act4 ,june #d1 #bjbf,reported without amendment