PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on Natural Resources.
Congressional Research Service
Version 00 · Introduced in House · Feb 13, 2025
Rio San José and Rio Jemez Water Settlements Act of 2025
This bill recognizes and settles certain water rights claims in New Mexico of (1) the Pueblos of Acoma and Laguna, and (2) the Pueblos of Jemez and Zia. It also establishes and provides funding for settlement trust funds.
Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the Pueblo of Acoma, the Pueblo of Laguna, the United States, New Mexico, and others, thus satisfying claims to water rights in the Rio San José Stream System in New Mexico.
Showing the opening paragraphs of the official summary.
With respect to the water settlement for the Pueblos of Acoma and Laguna, the bill establishes and provides funding for the Pueblo of Acoma Settlement Trust Fund, the Pueblo of Laguna Settlement Trust Fund, and the Acomita Reservoir Works Trust Fund.
Additionally, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the Pueblo of Jemez, the Pueblo of Zia, the United States, New Mexico, and others, thus satisfying claims to water rights in the Jemez River Stream System in New Mexico.
With respect to the water settlement for the Pueblos of Jemez and Zia, the bill establishes and provides funding for the Pueblo of Jemez Settlement Trust Fund and the Pueblo of Zia Settlement Trust Fund.
For both of these agreements, the bill (1) specifies the water rights of the pueblos; and (2) outlines waivers, releases, and retentions of claims by the pueblos and the United States.
People & committees
Rep. Leger Fernandez, Teresa [D-NM-3] · D–NM
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the House Committee on Natural Resources.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
Source last updated: Dec 9, 2025. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-02-13 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The bill proposes two water-rights settlements for the Pueblos of Acoma, Laguna, Jemez and Zia in New Mexico. It would recognize and protect Pueblo water rights and provide money for water systems and related work. In exchange, the Pueblos and the federal government acting on their behalf would give up specified water-related claims, subject to exceptions and conditions.
(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–CV1983–00220 (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;
(1) to achieve a fair, equitable, and final settlement of all claims to water rights in the Jemez River Stream System in the State of New Mexico for— (A) the Pueblo of Jemez; (B) the Pueblo of Zia; and (C) the United States, acting as trustee for the Pueblos of Jemez and Zia;
(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.
(1) 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.
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 title, the Pueblos and the United States, acting as trustee for the Pueblos, shall execute a waiver and release of all claims for—
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 title, the Pueblos and the United States, acting as trustee for the Pueblos, shall execute a waiver and release of all claims for—
The proposal incorporates two agreements dated May 13, 2022, and May 11, 2022, including their attachments and amendments needed to make them consistent with the bill.
(4) Agreement 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 title.
(2) Agreement The term Agreement means— (A) the document entitled Pueblos of Jemez and Zia Water Rights Settlement Agreement and dated May 11, 2022, and the appendices and exhibits attached thereto; and (B) any amendment to the document referred to in subparagraph (A) (including an amendment to an appendix or exhibit) that is executed to ensure that the Agreement is consistent with this title.
Both titles would approve their settlement agreement only to the extent it is consistent with the bill and require the Interior Secretary to sign it. Later modifications could be approved only if consistent with the title and if they do not otherwise require congressional approval.
Except as modified by this title and to the extent that the Agreement does not conflict with this title, the Agreement is authorized, ratified, and confirmed.
To the extent that the Agreement does not conflict with this title, the Secretary shall execute the Agreement, including all attachments to, or parts of, the Agreement requiring the signature of the Secretary.
Nothing in this title 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 title, 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.
Except as modified by this title and to the extent that the Agreement does not conflict with this title, the Agreement is authorized, ratified, and confirmed.
To the extent the Agreement does not conflict with this title, the Secretary shall execute the Agreement, including all appendices or exhibits to, or parts of, the Agreement requiring the signature of the Secretary.
Nothing in this title prohibits the Secretary, after execution of the Agreement, from approving any modification to the Agreement, including an appendix or exhibit to the Agreement, that is consistent with this title, 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.
Implementation would remain subject to federal environmental laws. The Pueblos would prepare necessary environmental documents, and Interior would independently evaluate them. Signing either agreement alone would not count as a major federal action under the National Environmental Policy Act. Compliance costs would come from settlement funds, except federal review and inherently federal work would remain Interior's responsibility.
In implementing the Agreement and this title, 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 title, the Pueblos shall prepare any necessary environmental documents
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. (3) 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 1969 (42 U.S.C. 4321 et seq.). (4) Costs Any costs associated with the performance of the compliance activities under this subsection 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.
In implementing the Agreement and this title, 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 title, the Pueblos shall prepare any necessary environmental documents
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. (3) 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 1969 (42 U.S.C. 4321 et seq.). (4) Costs Any costs associated with the performance of the compliance activities under this subsection 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 United States would hold the settled water rights in trust for the Pueblos. Those rights could not be lost through non-use, forfeiture or abandonment. State-law water rights acquired after the cutoff for inclusion in the court decree would also receive protection against forfeiture, abandonment and permanent transfer away from the Pueblo.
(a) 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 title. (b) Forfeiture and abandonment (1) In general The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights 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.
(a) 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 title. (b) Forfeiture and abandonment (1) In general The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights 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.
Each Pueblo could allocate, distribute and lease its settled water rights on Pueblo land under the agreement, title and applicable federal law. Use off Pueblo land would require Interior's approval. Permanent transfer of these rights away from the Pueblo would be prohibited.
(1) In general 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 title, and applicable Federal law. (2) Use off Pueblo land The Pueblos may allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land in accordance with the Agreement, this title, and applicable Federal law, subject to the approval of the Secretary.
The Pueblos shall not permanently alienate any portion of the Pueblo Water Rights.
(1) In general 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 title, and applicable Federal law. (2) Use off Pueblo land The Pueblos may allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land in accordance with the Agreement, this title, and applicable Federal law, subject to the approval of the Secretary.
The Pueblos shall not permanently alienate any portion of the Pueblo Water Rights.
For Acoma and Laguna, the settled Pueblo rights would exclude water claims on allotments—land held in federal trust for individual Indians in the specified basins. The Pueblos could not object to establishing amounts for reasonable household, livestock and irrigation uses on those allotments and would have to recognize existing uses and court-decreed rights.
(5) Allotment The term Allotment means a parcel of land that is— (A) located within— (i) the Rio Puerco Basin; (ii) the Rio San José Stream System; or (iii) the Rio Salado Basin; and (B) held in trust by the United States for the benefit of 1 or more individual Indians.
(d) Allotment rights not included The Pueblo Water Rights shall not include any water uses or water rights claims on an Allotment.
(3) Allottee water rights The Pueblos shall not object in any general stream adjudication, including the Adjudication, or any other appropriate forum, to the quantification of reasonable domestic, stock, and irrigation water uses on an Allotment, and shall administer any water use in accordance with applicable Federal law, including recognition of— (A) any water use existing on an Allotment as of the date of enactment of this Act; (B) reasonable domestic, stock, and irrigation water uses on an Allotment; and (C) any Allotment water right decreed in a general stream adjudication, including the Adjudication, or other appropriate forum, for an Allotment.
Acoma and Laguna would each receive a settlement trust fund with separate accounts for water-rights settlement work, infrastructure operation and maintenance, and feasibility studies. Settlement work could include acquiring water, building or repairing water systems, managing rights, protecting watersheds and supporting water-related community and economic development.
(b) Accounts (1) Pueblo of Acoma Settlement Trust Fund The Secretary shall establish in the Pueblo of Acoma Settlement Trust Fund established under subsection (a) the following accounts: (A) The Water Rights Settlement Account. (B) The Water Infrastructure Operations and Maintenance Account. (C) The Feasibility Studies Settlement Account. (2) Pueblo of Laguna Settlement Trust Fund The Secretary shall establish in the Pueblo of Laguna Settlement Trust Fund established under subsection (a) the following accounts: (A) The Water Rights Settlement Account. (B) The Water Infrastructure Operations and Maintenance Account. (C) The Feasibility Studies Settlement Account.
(h) Uses (1) Water Rights Settlement Account 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 title.
Most Acoma and Laguna funds would become available when the settlement becomes enforceable. Feasibility-study and reservoir funds would be available upon deposit. Each Pueblo could also access up to $15 million upon deposit for groundwater wells on Pueblo lands to meet immediate household, commercial, municipal and industrial needs, including related compliance work.
(e) Availability of amounts (1) In general 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). (2) Use of funds 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 on the date on which the amounts are deposited for installing, on Pueblo Lands, groundwater wells to meet immediate domestic, commercial, municipal and industrial water needs, and associated environmental, cultural, and historical compliance.
The joint Acomita Reservoir Works Trust Fund could be used only for work on the reservoir, dam, inlet and outlet works, and the specified North Acomita Ditch. Withdrawals would require an approved joint spending plan and resolutions from both Pueblo councils approving the use and payment.
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.
(3) Withdrawals from Acomita Reservoir Works Trust Fund (A) 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 plan.
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.
Jemez and Zia would each receive an Interior-managed settlement trust fund. Allowed uses would include water and wastewater infrastructure, watershed protection, agriculture, water-related community and economic development, the agreement's Augmentation Project, environmental compliance and water-rights administration.
The Secretary shall establish 2 trust funds, to be known as the Pueblo of Jemez Settlement Trust Fund and the Pueblo of Zia Settlement Trust Fund, to be managed, invested, and distributed by the Secretary
(g) Uses Amounts from a Pueblo Trust Fund may only be used by the appropriate Pueblo for the following purposes: (1) 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. (2) Watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs related to implementation of the Agreement. (3) Planning, permitting, designing, engineering, construction, reconstructing, replacing, rehabilitating, operating, or repairing water production of delivery infrastructure of the Augmentation Project, as set forth in the Agreement. (4) Ensuring environmental compliance in the development and construction of projects under this title. (5) The management and administration of the Pueblo Water Rights.
Most Jemez and Zia funds would become available when their settlement becomes enforceable. An exception would make $25 million of each Pueblo's deposited funds available for water-development planning, environmental documents, engineering, a water-resource department, supplemental irrigation wells, and water measurement and reporting plans.
(d) Availability of amounts (1) In general 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 each Pueblo by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Pueblos pursuant to paragraph (2). (2) Use of funds Notwithstanding paragraph (1), $25,000,000 of the amounts deposited in each Pueblo Trust Fund shall be available to the appropriate Pueblo for— (A) developing economic water development plans; (B) preparing environmental compliance documents; (C) preparing water project engineering designs; (D) establishing and operating a water resource department; (E) installing supplemental irrigation groundwater wells; and (F) developing water measurement and reporting water use plans.
Pueblo withdrawals would require Interior approval of a tribal management plan or spending plan. Spending plans must be reasonable and consistent with the title's purposes. Interior could use court or administrative action to enforce the plans. Challenges to approval decisions would be limited to review under the Administrative Procedure Act, the federal law governing agency procedures and judicial review.
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.).
(D) Approval 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 title. (E) 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 title.
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, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).
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 1994 (25 U.S.C. 4001 et seq.).
(D) Approval 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 title. (E) 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 title.
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 (e) or an expenditure plan under paragraph (2) of that subsection except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).
Each Pueblo would have to report annually on accomplishments and spending from withdrawals. Trust funds could not be divided into per-person payments to members. The Pueblos would own and operate funded projects and bear their operation, maintenance and replacement costs. Interior and Treasury would not be liable for the Pueblos' spending or investment of withdrawn money.
(i) 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 (1), (2), or (3) of subsection (f). (j) 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 (1), (2), or (3) of subsection (f), as applicable. (k) No per capita distributions No portion of the Pueblo Trust Funds shall be distributed on a per capita basis to any member of a Pueblo. (l) Title to infrastructure 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. (m) Operation, maintenance, and replacement 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.
(h) 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 (1) or (2) of subsection (e). (i) 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 (1) or (2) of subsection (e), as applicable. (j) No per capita distributions No portion of a Pueblo Trust Fund shall be distributed on a per capita basis to any member of a Pueblo. (k) Title to infrastructure Title to, control over, and operation of any project constructed using funds from a Pueblo Trust Fund shall remain in the appropriate Pueblo. (l) Operation, maintenance, and replacement All operation, maintenance, and replacement costs of any project constructed using funds from a Pueblo Trust Fund shall be the responsibility of the appropriate Pueblo.
Title I would directly appropriate a base total of $850 million: $311.75 million for Acoma, $493.25 million for Laguna and $45 million for the joint reservoir fund. The Acoma and Laguna totals each combine settlement, operation-and-maintenance, and feasibility-study accounts. These are mandatory transfers, not merely permission for future funding, and would remain subject to the bill's cost adjustments.
(a) Mandatory appropriations Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary the following amounts for deposit in the following accounts: (1) Pueblo of Acoma Settlement Trust Fund (A) The Water Rights Settlement Account For deposit in the Water Rights Settlement Account established under section 105(b)(1)(A), $296,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (B) The Water Infrastructure Operations and Maintenance Account For deposit in the Water Infrastructure Operations and Maintenance Account established under section 105(b)(1)(B), $14,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (C) The Feasibility Studies Settlement Account For deposit in the Feasibility Studies Settlement Account established under section 105(b)(1)(C), $1,750,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (2) Pueblo of Laguna Settlement Trust Fund (A) The Water Rights Settlement Account For deposit in the Water Rights Settlement Account established under section 105(b)(2)(A), $464,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (B) The Water Infrastructure Operations and Maintenance Account For deposit in the Water Infrastructure Operations and Maintenance Account established under section 105(b)(2)(B), $26,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (C) The Feasibility Studies Settlement Account For deposit in the Feasibility Studies Settlement Account established under section 105(b)(2)(C), $3,250,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (3) Acomita Reservoir Works Trust Fund For deposit in the Acomita Reservoir Works Trust Fund, $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
Title II would directly appropriate a base $290 million for Jemez and $200 million for Zia, totaling $490 million before adjustments. The money would remain available until spent, withdrawn or returned to the Treasury.
(a) Mandatory appropriation Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Pueblo of Jemez Settlement Trust Fund established under section 205(a) $290,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Pueblo of Zia Settlement Trust Fund established under that section $200,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
The amount 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
Both titles would adjust federal funding for construction-cost changes using a Bureau of Reclamation index and additional adjustments for unforeseen market volatility determined by Interior. The adjustment period would run from October 1, 2021, until the relevant money is deposited, so the stated base amounts would not be fixed final costs.
(b) Fluctuation in costs (1) In general 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. (2) Construction costs adjustment 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 period of indexing and adjustment under this subsection for any increment of funding shall start on October 1, 2021, and end on the date on which funds are deposited in the applicable Pueblo Trust Fund.
(b) Fluctuation in costs (1) In general The amount 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. (2) Construction costs adjustment The amount 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 period of indexing adjustment under this subsection for any increment of funding shall start on October 1, 2021, and end on the date on which the funds are deposited in the applicable Pueblo Trust Fund.
For the Acoma–Laguna settlement, New Mexico would contribute inflation-adjusted amounts of $23.5 million for specified Grants and Milan projects, $12 million for participating community irrigation organizations and offset projects, and $500,000 to address harm to non-Pueblo household and livestock groundwater rights from new Pueblo water use.
(c) State cost-Share Pursuant to the Agreement, the State shall contribute— (1) $23,500,000, 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.
For the Jemez–Zia settlement, New Mexico would contribute inflation-adjusted amounts of $3.4 million to the San Ysidro Community Ditch Association for the shared Augmentation Project, $16.159 million for Jemez River Basin Water Users Coalition irrigation-ditch improvements, and $500,000 to address harm to non-Pueblo household and livestock groundwater rights from new Pueblo water use.
(c) State cost share The State shall contribute— (1) $3,400,000, as adjusted for inflation pursuant to the Agreement, to the San Ysidro Community Ditch Association for capital and operating expenses of the mutual benefit Augmentation Project; (2) $16,159,000, as adjusted for inflation pursuant to the Agreement, for Jemez River Basin Water Users Coalition acequia ditch improvements; and (3) $500,000, as adjusted for inflation, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use.
Acoma–Laguna enforceability would begin only after Interior publishes findings that the agreement conforms to the title and is signed by all parties; federal funds are deposited; specified state funding or funding agreements are in place; New Mexico allows Pueblo water-right leases of up to 99 years including renewals; the state court has approved the settlement and entered the required decree; and waivers are signed.
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 title, the Agreement has been amended to conform with this title; (2) the Agreement, as amended, has been executed by all parties to the Agreement, including the United States; (3) all of the amounts appropriated under section 106 have been appropriated and deposited in the designated accounts of the Pueblo Trust Fund; (4) the State has— (A) provided the funding under section 106(c)(3) into the appropriate funding accounts; (B) provided the funding under paragraphs (1) and (2) of section 106(c) into the appropriate funding accounts or entered into funding agreements with the intended beneficiaries for funding under those paragraphs of that section; and (C) 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 Decree Court has approved the Agreement and has entered a Partial Final Judgment and Decree; and (6) the waivers and releases under section 108 have been executed by the Pueblos and the Secretary.
(7) Decree Court The term Decree Court means the Thirteenth Judicial District Court of the State of New Mexico.
Jemez–Zia enforceability would likewise depend on Interior publishing findings of agreement conformity and signatures, federal court approval and the required decree, deposited federal funds, signed waivers, and a state law allowing leases up to 99 years including renewals. The state must deposit the ditch-improvement funding and provide the Augmentation Project funding or enter a funding agreement for it.
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 title, the Agreement has been amended to conform with this title; (2) the Agreement, as amended, has been executed by all parties to the Agreement, including the United States; (3) the United States District Court for the District of New Mexico has approved the Agreement and has entered a Partial Final Judgment and Decree; (4) all of the amounts appropriated under section 206 have been appropriated and deposited in the designated accounts of the applicable Pueblo Trust Fund; (5) the State has— (A) provided the funding under section 206(c)(2) into appropriate funding accounts; (B) provided the funding under section 206(c)(1) or entered into a funding agreement with the intended beneficiaries for that funding; and (C) enacted legislation to amend State law to provide that a Pueblo Water Right may be leased for a term of not to exceed 99 years, including renewals; (6) the waivers and releases under section subsections (a) and (b) of section 208 have been executed by the Pueblos and the Secretary; and (7) the waivers and releases under section 208 have been executed by the Pueblos and the Secretary.
(1) $3,400,000, as adjusted for inflation pursuant to the Agreement, to the San Ysidro Community Ditch Association for capital and operating expenses of the mutual benefit Augmentation Project; (2) $16,159,000, as adjusted for inflation pursuant to the Agreement, for Jemez River Basin Water Users Coalition acequia ditch improvements;
At each settlement's enforceability date, the Pueblos and the United States acting as their trustee would release claims to water rights in the relevant river system that could have been asserted by that date, except rights recognized in the settlement. They would also release specified water-rights injury claims against agreement parties that accrued through that date, subject to retained claims.
Subject to the reservation of rights and retention of claims under subsection (d)
(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 title; 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.
The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date.
Subject to the reservation of rights and retention of claims under subsection (d)
(1) water rights within the Jemez River 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 a right is recognized in the Agreement and this title; 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, diversion, or taking of water rights) in the Jemez River 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.
The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date.
The Pueblos would also release specified claims against the United States arising before enforceability, subject to the stated exceptions. Settlement benefits would fully replace and satisfy the claims released under those provisions.
(b) Waivers and releases of claims by Pueblos against United States 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—
(b) Waivers and releases of claims by Pueblos against United States Subject to the reservation of rights and retention of claims under subsection (d), each Pueblo shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the Jemez River Stream System first arising before the Enforceability Date relating to—
The benefits provided under this title shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Pueblos against the United States that are waived and released by the Pueblos pursuant to section 108(b).
The benefits provided under this title shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Pueblos against the United States that are waived and released by the Pueblos pursuant to section 208(b).
Both settlements would preserve claims to enforce recognized rights, specified later-arising claims, water-quality claims, protection of newly acquired water rights, and land or natural-resource injuries unrelated to losing water rights. Acoma and Laguna would also retain specified claims in other basins, subject to the agreement, and Jackpile-Paguate Uranium Mine claims unrelated to loss of water or water rights. Jemez and Zia would retain claims for loss of water or water rights outside the Jemez system.
(d) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsections (a) and (b), the Pueblos and the United States, acting as trustee for the Pueblos, shall retain all claims relating to— (1) the enforcement of, or claims accruing after the Enforceability Date relating to, water rights recognized under the Agreement, this title, or the Partial Final Judgment and Decree entered in the Adjudication; (2) activities affecting the quality of water and the environment
(3) the right to use and protect water rights acquired after the date of enactment of this Act; (4) 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; (5) 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; (6) all claims relating to the Jackpile-Paguate Uranium Mine in the State that are not due to loss of water or water rights;
(d) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsections (a) and (b), the Pueblos and the United States, acting as trustee for the Pueblos, shall retain all claims relating to— (1) the enforcement of, or claims accruing after the Enforceability Date relating to, water rights recognized under the Agreement, this title, or the Partial Final Judgement and Decree entered into in the Adjudication; (2) activities affecting the quality of water
(3) the right to use and protect water rights acquired after the date of enactment of this Act; (4) 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; (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this title or the Agreement; and (6) loss of water or water rights in locations outside of the Jemez River Stream System.
Neither settlement would waive an individual Pueblo member's claim that does not derive from the Pueblo's rights. Both would preserve federal authority to act under existing law and act as trustee, and neither would give state courts authority to review federal agency actions. Title II would also expressly withhold new state-court authority to interpret Pueblo or tribal law.
Nothing in the Agreement or this title—
(2) affects the ability of the United States, as a sovereign, to carry out any activity authorized by law
(3) affects the ability of the United States to act as trustee for the Pueblos (consistent with this title), any other pueblo or Indian Tribe, or an Allottee of any 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.
Nothing in the Agreement or this title—
(2) affects the ability of the United States, as sovereign, to carry out any activity authorized by law
(3) affects the ability of the United States to act as trustee for the Pueblos (consistent with this title), any other pueblo or Indian Tribe, or an allottee of any 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; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Pueblo or Tribal law; 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.
Both titles would pause applicable filing deadlines and defenses based on delay for the covered claims from enactment until enforceability. They would not revive claims or deadlines that had already expired before enactment.
(f) Tolling of claims (1) 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 Date. (2) 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 Act.
(f) Tolling of claims (1) 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 Date. (2) 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 Act.
Each title would expire if Interior did not publish its required enforceability findings by July 1, 2030. The affected Pueblos and Interior could agree to a later date after reasonable notice to New Mexico.
(g) Expiration (1) In general This title shall expire in any case in which the Secretary fails to publish a statement of findings under section 107 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.
(g) Expiration (1) In general This title shall expire in any case in which the Secretary fails to publish a statement of findings under section 207 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.
Expiration would end the affected waivers and settlement approval and void Interior actions and agreements under that title. Unspent federal funds, interest and federally funded property or water rights would have to be returned unless the Pueblos and United States agreed otherwise and Congress approved.
(2) Consequences If this title expires under paragraph (1)— (A) the waivers and releases under subsections (a) and (b) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Agreement under section 103 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this title shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this title, 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 title, shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and approved by Congress;
(2) Consequences If this title expires under paragraph (1)— (A) the waivers and releases under subsections (a) and (b) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Agreement under section 203 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this title shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this title, 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 title shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and approved by Congress;
If a title expired, the United States could count specified federal funds already spent or withdrawn, plus interest, against covered claims against it or a future Pueblo water-rights settlement. Funds used for property returned to the federal government would be excluded from this offset.
(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 title that were expended or withdrawn, or any funds made available to carry out this title 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— (aa) the Pueblos; or (bb) any user of the Pueblo Water Rights; or (II) any other matter covered by subsection (b); or (ii) in any future settlement of water rights of the Pueblos.
(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 title that were expended or withdrawn, or any funds made available to carry out this title 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— (aa) the Pueblos; or (bb) any user of the Pueblo Water Rights; or (II) any other matter covered by subsection (b); or (ii) in any future settlement of water rights of the Pueblos.
For Acoma and Laguna, the United States would consent at enforceability, with each Pueblo's consent under the agreement, to limited New Mexico court review of Pueblo water-permit decisions. Review would use the Pueblo administrative record and specified standards concerning evidence, legality, agreement compliance, fraud and authority. Courts would have to recognize qualifying Pueblo water codes and refer certain other Pueblo-law interpretation questions to Pueblo courts.
(a) Consent 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 judicial review of a Pueblo Water Right Permit decision under Article 11.5 of the Agreement.
(b) Limitation The consent of the United States under this title 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 the Agreement or the Partial Final Judgment and Decree; or (4) shows that the Pueblo acted fraudulently or outside the scope of its authority.
(c) Pueblo Water Code and interpretation (1) In general 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. (2) 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 Code, the State court shall certify the question of interpretation to the Pueblo court. (3) No certification Any issues of interpretation of standards in Article 11.6 of the Agreement are not subject to certification. (4) Limitation Nothing in this section limits the jurisdiction of the Decree Court to interpret and enforce the Agreement.
Both titles state that they do not waive federal sovereign immunity—the government's protection against suit without consent—or determine or reduce other tribes' land and water rights. Title I also expressly protects individual allotment holders' water rights. Both preserve existing rules on reviewing federal environmental enforcement before enforcement occurs, and make the statutory title control over conflicting agreement terms.
(a) No waiver of sovereign immunity by the United States Nothing in this title waives the sovereign immunity of the United States. (b) Other tribes not adversely affected Nothing in this title 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. (c) Allottees not adversely affected Nothing in this title quantifies or diminishes any water right, or any claim or entitlement to water, of an Allottee. (d) Effect on current law Nothing in this title 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. (e) Conflict In the event of a conflict between the Agreement and this title, this title shall control.
(a) No waiver of sovereign immunity by the United States Nothing in this title waives the sovereign immunity of the United States. (b) Other Tribes not adversely affected Nothing in this title 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. (c) Effect on current law Nothing in this title 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. (d) Conflict In the event of a conflict between the Agreement and this title, this title shall control.
For either title, the United States would not be liable for failing to carry out an authorized obligation or activity if Congress did not expressly provide adequate appropriations.
The United States shall not be liable for any failure to carry out any obligation or activity authorized by this title, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this title.
The United States shall not be liable for any failure to carry out any obligation or activity authorized by this title, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this title.
The supplied official-actions snapshot, updated December 9, 2025, records introduction in the House and referral to the House Committee on Natural Resources on February 13, 2025. This snapshot does not establish subsequent passage or enactment.
Source snapshot updated 2025-12-09T23:14:20Z. 2025-02-13: Referred to the House Committee on Natural Resources. 2025-02-13: Introduced in House
A closer look
Reviewed version: Introduced in House · 2025-02-13. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or extraneous policy rider was identified in the complete supplied introduced version. The provisions concern implementing and funding the water settlements. This conclusion is limited to that version and does not establish what appeared in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
Findings to examine
The text directs spending to named settlement recipients and a specific project fund. These are recipient-specific allocations for earmark review; formal congressional earmark status is not established by the supplied materials.
Title I would direct mandatory federal funding to Acoma and Laguna settlement accounts and the Acomita Reservoir Works Trust Fund. The quoted allocations include $296 million for Acoma's water-rights settlement account, $464 million for Laguna's corresponding account and $45 million for the reservoir fund, rather than leaving selection of those recipients to a competition.
(a) Mandatory appropriations Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary the following amounts for deposit in the following accounts: (1) Pueblo of Acoma Settlement Trust Fund (A) The Water Rights Settlement Account For deposit in the Water Rights Settlement Account established under section 105(b)(1)(A), $296,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
(2) Pueblo of Laguna Settlement Trust Fund (A) The Water Rights Settlement Account For deposit in the Water Rights Settlement Account established under section 105(b)(2)(A), $464,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
(3) Acomita Reservoir Works Trust Fund For deposit in the Acomita Reservoir Works Trust Fund, $45,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
Title II would direct mandatory federal transfers of $290 million to Jemez's settlement trust fund and $200 million to Zia's settlement trust fund. These are named-recipient settlement allocations; the text alone does not establish formal earmark status.
(a) Mandatory appropriation Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Pueblo of Jemez Settlement Trust Fund established under section 205(a) $290,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Pueblo of Zia Settlement Trust Fund established under that section $200,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
Narrow legal protections and a limited environmental-review exception are identified as part of the settlement policy. This classification does not imply improper purpose or unjustified treatment.
The settling Pueblos would receive express protection against losing settled water rights through non-use, forfeiture or abandonment. Protection would also extend to state-law rights acquired after the cutoff for inclusion in the decree. This is a specific legal protection tied to the settlement, beyond merely identifying its beneficiaries.
(b) Forfeiture and abandonment (1) In general The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights 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.
(b) Forfeiture and abandonment (1) In general The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights 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.
For both settlements, the Pueblos and Interior would receive a narrow exception treating the Secretary's signing of the agreement as outside the National Environmental Policy Act's category of major federal actions. This exception concerns signing; implementation would still have to comply with that law and other applicable federal environmental laws.
(3) 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 1969 (42 U.S.C. 4321 et seq.).
In implementing the Agreement and this title, 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.
(3) 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 1969 (42 U.S.C. 4321 et seq.).
In implementing the Agreement and this title, 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.
Full text preserved for this analysis. Legislative record snapshot: Dec 9, 2025. How PlainBill uses AI