Pueblos of Acoma and Laguna Water Rights Settlement Act of 2022

(1) to achieve a fair, equitable, and final settlement of all issues and controversies concerning claims to water rights in the general stream adjudication of the Rio San José Stream System captioned State of New Mexico, ex rel. State Engineer v. Kerr-McGee, et al., No. D–1333–CV–1983–00190 and No. D–1333–CV–1983–00220 (consolidated), pending in the Thirteenth Judicial District Court for the State of New Mexico, for—

(A) the Pueblo of Acoma;

(B) the Pueblo of Laguna; and

(C) the United States, acting as trustee for the Pueblos of Acoma and Laguna;

(2) to authorize, ratify, and confirm the agreement entered into by the Pueblos, the State, and various other parties to the Agreement, to the extent that the Agreement is consistent with this Act;

(3) to authorize and direct the Secretary—

(A) to execute the Agreement; and

(B) to take any other actions necessary to carry out the Agreement in accordance with this Act; and

(4) to authorize funds necessary for the implementation of the Agreement and this Act.

The term Acequia means each of the Bluewater Toltec Irrigation District, La Acequia Madre del Ojo del Gallo, Moquino Water Users Association II, Murray Acres Irrigation Association, San Mateo Irrigation Association, Seboyeta Community Irrigation Association, Cubero Acequia Association, Cebolletita Acequia Association, and Community Ditch of San José de la Cienega.

The term Adjudication means the general adjudication of water rights entitled State of New Mexico, ex rel. State Engineer v. Kerr-McGee, et al., No. D–1333–CV–1983–00190 and No. D–1333–CV–1983–00220 (consolidated) pending, as of the date of enactment of this Act, in the Decree Court.

The term Agreement means—

(A) the document entitled Rio San José Stream System Water Rights Local Settlement Agreement Among the Pueblo of Acoma, the Pueblo of Laguna, the Navajo Nation, the State of New Mexico, the City of Grants, the Village of Milan, the Association of Community Ditches of the Rio San José and Nine Individual Acequias and Community Ditches and dated May 13, 2022, and the attachments thereto; and

(B) any amendment to the document referred to in subparagraph (A) (including an amendment to an attachment thereto) that is executed to ensure that the Agreement is consistent with this Act.

The term Decree Court means the Thirteenth Judicial District Court of the State of New Mexico.

The term Enforceability Date means the date described in section 8.

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—

(A) that is substantially in the form described in article 14.7.2 of the Agreement, as amended to ensure consistency with this Act; and

(B) from which no further appeal may be taken.

The term Pueblo means either of—

(A) the Pueblo of Acoma; or

(B) the Pueblo of Laguna.

The term Pueblo Land means any real property—

(i) in the Rio San José Stream System that is held by the United States in trust for either Pueblo, or owned by either Pueblo, as of the Enforceability Date;

(ii) in the Rio Salado Basin that is held by the United States in trust for the Pueblo of Acoma, or owned by the Pueblo of Acoma, as of the Enforceability Date; or

(iii) in the Rio Puerco Basin that is held by the United States in trust for the Pueblo of Laguna, or owned by the Pueblo of Laguna, as of the Enforceability Date.

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 José Stream System, for the Pueblo of Acoma in the Rio Salado Basin, or for the Pueblo of Laguna in the Rio Puerco Basin.

The term Pueblo Trust Fund means—

(A) the Pueblo of Acoma Settlement Trust Fund established by section 6(a);

(B) the Pueblo of Laguna Settlement Trust Fund established by that section; and

(C) the Acomita Reservoir Works Trust Fund established by that section.

The term Pueblo Water Rights means—

(A) the respective water rights of the Pueblos in the Rio San José Stream System—

(i) as identified in the Agreement and section 5 of this Act; and

(ii) as confirmed in the Partial Final Judgment and Decree;

(B) the water rights of the Pueblo of Acoma in the Rio Salado Basin; and

(C) the water rights of the Pueblo of Laguna in the Rio Puerco Basin, as identified in the Agreement and section 5 of this Act.

The term Pueblos means—

(A) the Pueblo of Acoma; and

(B) the Pueblo of Laguna.

The term Rio Puerco Basin means the area defined by the United States Geological Survey Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) and 13020205 (Arroyo Chico subbasin), including the hydrologically connected groundwater.

The term Rio San José Stream System means the geographic extent of the area involved in the Adjudication pursuant to the description filed in the Decree Court on November 21, 1986.

The term Rio Salado Basin means the area defined by the United States Geological Survey Hydrologic Unit Code (HUC) 13020209 (Rio Salado subbasin), including the hydrologically connected groundwater.

The term Secretary means the Secretary of the Interior.

The term Signatory Acequia means an acequia that is a signatory to the Agreement.

The term State means the State of New Mexico and all officers, agents, departments, and political subdivisions of the State of New Mexico.

Except as modified by this Act and to the extent the Agreement does not conflict with this Act, the Agreement is authorized, ratified, and confirmed.

If an amendment to the Agreement or any attachment to the Agreement requiring the signature of the Secretary is executed in accordance with this Act to make the Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed.

To the extent the Agreement does not conflict with this Act, the Secretary shall execute the Agreement, including all attachments to or parts of the Agreement requiring the signature of the Secretary.

Nothing in this Act prohibits the Secretary, after execution of the Agreement, from approving any modification to the Agreement, including an attachment to the Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable provision of Federal law.

In implementing the Agreement and this Act, the Secretary shall comply with—

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

(B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and

(C) all other applicable Federal environmental laws and regulations.

In implementing the Agreement and this Act, the Pueblos shall prepare any necessary environmental documents consistent with—

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

(ii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and

(iii) all other applicable Federal environmental laws and regulations.

The Secretary shall—

(i) independently evaluate the documentation required under subparagraph (A); and

(ii) be responsible for the accuracy, scope, and contents of that documentation.

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 1969 (42 U.S.C. 4321 et seq.).

Any costs associated with the performance of the compliance activities under subsection (c) shall be paid from funds deposited in the Pueblo Trust Funds, 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 Secretary.

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 Act.

The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law.

Pursuant to the Agreement, State-law based water rights acquired by a Pueblo, or by the United States on behalf of a Pueblo, after the date for inclusion in the Partial Final Judgment and Decree, shall not be subject to forfeiture, abandonment, or permanent alienation from the time they are acquired.

Any use of the Pueblo Water Rights shall be subject to the terms and conditions of the Agreement and this Act.

The Pueblos shall have the authority to allocate, distribute, and lease the Pueblo Water Rights for use on Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law.

The Pueblos may allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law, subject to the approval of the Secretary.

The Pueblos shall not permanently alienate any portion of the Pueblo Water Rights.

An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action required by Federal law.

The non-use of all or any portion of the Pueblo Water Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Pueblo Water Rights.

The Secretary shall establish 2 trust funds, to be known as the Pueblo of Acoma Settlement Trust Fund and the Pueblo of Laguna Settlement Trust Fund, and a trust fund for the benefit of both Pueblos to be known as the Acomita Reservoir Works Trust Fund, to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Pueblo Trust Funds under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this Act.

The Secretary shall establish in the Pueblo of Acoma Settlement Trust Fund the following accounts:

(A) The Water Rights Settlement Account.

(B) The Water Infrastructure Operations and Maintenance Account.

(C) The Feasibility Studies Settlement Account.

The Secretary shall establish in the Pueblo of Laguna Settlement Trust Fund the following accounts:

(A) The Water Rights Settlement Account.

(B) The Water Infrastructure Operations and Maintenance Account.

(C) The Feasibility Studies Settlement Account.

The Secretary shall deposit in each Pueblo Trust Fund the amounts made available pursuant to section 7(a).

On receipt and deposit of funds into the Pueblo Trust Funds under subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Pueblo Trust Funds in a manner that is consistent with the investment authority of the Secretary under—

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

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

(C) this subsection.

In addition to the deposits made to each Pueblo Trust Fund under subsection (c), any investment earnings, including interest, earned on those amounts held in each Pueblo Trust Fund are authorized to be used in accordance with subsections (f) and (h).

Amounts appropriated to, and deposited in, each Pueblo Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to the Pueblo or Pueblos by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for those funds to be made available to the Pueblos pursuant to paragraph (2).

Notwithstanding paragraph (1)—

(A) amounts deposited in the Feasibility Studies Settlement Account of each Pueblo Trust Fund, including any investment earnings, including interest, earned on those amounts shall be available to the Pueblo on the date on which the amounts are deposited for uses described in subsection (h)(3), and in accordance with the Agreement;

(B) amounts deposited in the Acomita Reservoir Works Trust Fund, including any investment earnings, including interest, earned on those amounts shall be available to the Pueblos on the date on which the amounts are deposited for uses described in subsection (h)(4), and in accordance with the Agreement; and

(C) up to $15,000,000 from the Water Rights Settlement Account for each Pueblo shall be available for installing, on Pueblo Lands, groundwater wells to meet immediate domestic, commercial, municipal and industrial water needs, and associated environmental, cultural, and historical compliance.

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 1994 (25 U.S.C. 4001 et seq.).

In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal management plan under this paragraph shall require that the appropriate Pueblo shall spend all amounts withdrawn from each Pueblo Trust Fund, and any investment earnings (including interest) earned on those amounts, through the investments under the Tribal management plan, in accordance with this Act.

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 (A) are used in accordance with this Act.

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 plan.

To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), 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 subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act.

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 Pueblo, in accordance with this subsection and subsection (h).

The Secretary shall approve an expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan—

(i) is reasonable; and

(ii) is consistent with, and will be used for, the purposes of this Act.

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 Act.

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 plan.

To be eligible to withdraw amounts under a joint expenditure plan under subparagraph (A), 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 subparagraph, subject to the condition that the amounts shall be used for the purposes described in subsection (h)(4).

Each request to withdraw amounts under a joint expenditure plan submitted under clause (i) shall be accompanied by a written resolution from the Tribal councils of both Pueblos approving the requested use and disbursement of funds.

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 disbursed, in accordance with subsection (h)(4).

The Secretary shall approve a joint expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan—

(i) is reasonable; and

(ii) is consistent with, and will be used for, the purposes of this Act.

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 Act.

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 (1) of subsection (f) or an expenditure plan under paragraph (2) or (3) of that subsection, except under subchapter II of chapter 5, of title 5, United States Code, and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedure Act).

The Water Rights Settlement Account for each Pueblo may only be used for the following purposes:

(A) Acquiring water rights or water supply.

(B) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal use, on-farm improvements, or wastewater infrastructure.

(C) Pueblo Water Rights management and administration.

(D) Watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs relating to implementation of the Agreement.

(E) Environmental compliance in the development and construction of infrastructure under this Act.

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 domestic, commercial, municipal, and industrial water uses from any water source.

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 domestic, commercial, municipal, and industrial water uses from any water source.

The Acomita Reservoir Works Trust Fund may only be used for planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, maintaining, or repairing Acomita reservoir, its dam, inlet works, outlet works, and the North Acomita Ditch from the Acomita Reservoir outlet on the Pueblo of Acoma through its terminus on the Pueblo of Laguna.

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 (1), (2), or (3) of subsection (f).

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 (1), (2), or (3) of subsection (f), as applicable.

No portion of the Pueblo Trust Funds shall be distributed on a per capita basis to any member of a Pueblo.

Title to, control over, and operation of any project constructed using funds from the Pueblo Trust Funds shall remain in the appropriate Pueblo or Pueblos.

All operation, maintenance, and replacement costs of any project constructed using funds from the Pueblo Trust Funds shall be the responsibility of the appropriate Pueblo or Pueblos.

Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary the following amounts for the following accounts:

$296,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.

$14,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.

$1,750,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.

$464,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.

$26,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.

$3,250,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.

$45,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.

The amounts appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend.

The amounts appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.

The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount, as adjusted, has been appropriated.

The period of indexing and adjustment under this subsection for any increment of funding shall start on October 1, 2021, and shall end on the date on which funds are deposited in the applicable Pueblo Trust Fund.

Pursuant to the Agreement, the State shall contribute—

(1) $24,000,000, as adjusted for inflation pursuant to the Agreement, for the Joint Grants-Milan Project for Water Re-Use, Water Conservation and Augmentation of the Rio San José, the Village of Milan Projects Fund, and the City of Grants Projects Fund;

(2) $12,000,000, as adjusted for the inflation pursuant to the Agreement, for Signatory Acequias Projects and Offset Projects Fund for the Association of Community Ditches of the Rio San José; and

(3) $500,000, as adjusted for inflation pursuant to the Agreement, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use.

The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that—

(1) to the extent that the Agreement conflicts with this Act, the Agreement has been amended to conform with this Act;

(2) the Agreement, as amended, including the waivers and releases of claims set forth in section 9, has been executed by all parties to the Agreement, including the United States;

(3) all of the amounts appropriated under section 7 have been appropriated and deposited in the designated accounts of the Pueblo Trust Fund;

(4) the State has enacted legislation to amend State law to provide that a Pueblo Water Right may be leased for a term not to exceed 99 years, including renewals;

(5) the State has provided—

(A) the funding under section 7(c)(3) into appropriate funding accounts; and

(B) the funding under paragraphs (1) and (2) of section 7(c) into appropriate funding accounts or entered into funding agreements with the intended beneficiaries for funding under those paragraphs of that section; and

(6) the Decree Court has approved the Agreement and has entered a Partial Final Judgment and Decree.

This Act shall expire in any case in which the Secretary fails to publish a statement of findings under subsection (a) by not later than—

(A) July 1, 2030; or

(B) such alternative later date as is agreed to by the Pueblos and the Secretary, after providing reasonable notice to the State.

If this Act expires under paragraph (1)—

(A) the waivers and releases under subsections (a) and (b) of section 9 shall—

(i) expire; and

(ii) have no further force or effect;

(B) the authorization, ratification, confirmation, and execution of the Agreement under section 4 shall no longer be effective;

(C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this Act shall be void;

(D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, 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 Government, unless otherwise agreed to by the Pueblos and the United States and approved by Congress; and

(E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States—

(i) relating to—

(I) water rights in the State asserted by the Pueblos or any user of the Pueblo Water Rights; or

(II) any other matter covered by section 9(a)(2); or

(ii) in any future settlement of water rights of the Pueblos.

Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Pueblo Water Rights and other benefits described in the Agreement and this Act, the Pueblos and the United States, acting as trustee for the Pueblos, shall execute a waiver and release of all claims for—

(1) water rights within the Rio San José Stream System that the Pueblos, or the United States acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the Agreement and this Act; and

(2) damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water rights (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) in waters in the Rio San José Stream System against any party to the Agreement, including the members and parciantes of Signatory Acequias, that accrued at any time up to and including the Enforceability Date.

Subject to the reservation of rights and retention of claims under subsection (d), the Pueblos shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) first arising before the Enforceability Date relating to—

(1) water rights within the Rio San José Stream System that the United States, acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, except to the extent that such rights are recognized as part of the Pueblo Water Rights under this Act;

(2) foregone benefits from non-Pueblo use of water, on and off Pueblo Land (including water from all sources and for all uses), within the Rio San José Stream System;

(3) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the Rio San José Stream System;

(4) a failure to provide operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Rio San José Stream System;

(5) a failure to establish or provide a municipal, rural, or industrial water delivery system on Pueblo Land within the Rio San José Stream System;

(6) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Pueblo Land (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Rio San José Stream System;

(7) a failure to provide a dam safety improvement to a dam on Pueblo Land within the Rio San José Stream System;

(8) the litigation of claims relating to any water right of the Pueblos within the Rio San José Stream System; and

(9) the negotiation, execution, or adoption of the Agreement (including attachments) and this Act.

The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date.

Notwithstanding the waivers and releases under subsections (a) and (b), the Pueblos and the United States, acting as trustee for the Pueblos, shall retain—

(1) all claims relating to—

(A) the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under, the Agreement, this Act, or the Partial Final Judgment and Decree entered in the Adjudication;

(B) activities affecting the quality of water and the environment, including claims under—

(i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including claims for damages to natural resources;

(ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the Clean Water Act); and

(iv) any regulations implementing the Acts described in clauses (i) through (iii);

(C) the right to use and protect water rights acquired after the date of enactment of this Act;

(D) damage, loss, or injury to land or natural resources that is not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights;

(E) all claims for water rights, and claims for injury to water rights, in basins other than the Rio San José Stream System, subject to article 8.5 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 Basin;

(F) all claims relating to the Jackpile-Paguate Uranium Mine in the State that are not due to loss of water or water rights; and

(G) all rights, remedies, privileges, immunities, and powers and claims not specifically waived and released pursuant to this Act or the Agreement.

Nothing in the Agreement or this Act—

(1) reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity, except as provided in section 11;

(2) affects the ability of the United States, as a sovereign, to carry out any activity authorized by law, including—

(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the Clean Water Act);

(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and

(E) any regulations implementing the Acts described in subparagraphs (A) through (D);

(3) affects the ability of the United States to act as trustee for any other pueblo or Indian Tribe, or an allottee of any other Indian Tribe;

(4) confers jurisdiction on any State court—

(A) to interpret Federal law relating to health, safety, or the environment;

(B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; or

(C) to conduct judicial review of any Federal agency action; or

(5) waives any claim of a member of a Pueblo in an individual capacity that does not derive from a right of the Pueblos.

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 Date.

Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act.

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

On the Enforceability Date, the consent of the United States is hereby given, with the consent of each Pueblo under article 11.5 of the Agreement, to jurisdiction in the District Court for the Thirteenth Judicial District of the State of New Mexico, 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 law, over an action filed in such District Court by any party to a Pueblo Water Rights Permit administrative proceeding under article 11.4 of the Agreement for the limited and sole purpose of an appeal from the Pueblo Water Right Permit decision under article 11.5 of the Agreement.

The consent of the United States under this Act is limited to judicial review, based on the record developed through the administrative process of the Pueblo, under a standard of judicial review limited to determining whether the Pueblo decision on the application for Pueblo Water Right Permit—

(1) is supported by substantial evidence;

(2) is not arbitrary, capricious, or contrary to law;

(3) is not in accordance with this Agreement or the Partial Final Judgment and Decree; or

(4) shows that the Pueblo acted fraudulently or outside the scope of its authority.

Pueblo Water Code or Pueblo Water Law provisions that meet the requirements of article 11 of the Agreement shall be given full faith and credit in any proceeding described in this section.

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 Code, the State court shall certify the question of interpretation to the Pueblo court.

Any issues of interpretation of standards in article 11.6 of the Agreement are not subject to certification.

Nothing in this section limits the jurisdiction of the Decree Court to interpret and enforce the Agreement.

Nothing in this Act waives the sovereign immunity of the United States.

Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Pueblos.

Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action.

In the event of a conflict between the Agreement and this Act, this Act shall control.