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
Ohkay Owingeh Rio Chama Water Rights Settlement Act of 2025
This bill recognizes and settles certain water rights claims in New Mexico of the pueblo of Ohkay Owingeh. It also establishes and provides funding for a settlement trust fund.
Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by Ohkay Owingeh, New Mexico, and others, thus satisfying claims to water rights in the Rio Chama Stream System in New Mexico.
The bill establishes and provides funding for the Ohkay Owingeh Water Rights Settlement Trust Fund. This trust fund may only be used for five specified purposes, including for activities related to water production, treatment, or delivery infrastructure.
The bill also (1) specifies the water rights of the pueblo; and (2) outlines waivers, releases, and retentions of claims by the pueblo 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: Jul 23, 2026. 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.
This proposal would approve a settlement of Ohkay Owingeh’s water-rights claims in New Mexico’s Rio Chama basin, including claims held by the United States as its trustee. It would fund water infrastructure, riverbank forest restoration and other settlement work. In exchange for recognized water rights and other benefits, the Pueblo and its federal trustee would give up specified legal claims, subject to exceptions. These are proposed provisions, with conditions that must be met before the settlement becomes enforceable.
to achieve a fair, equitable, and final settlement of all claims to water rights in the Rio Chama Stream System in the State for— (A) Ohkay Owingeh; and (B) the United States, acting as trustee for Ohkay Owingeh;
Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, monitoring or other measures for watershed and endangered species habitat protection, bosque restoration or improvement (including any required cost shares for and allowable contributions to a Federal project or program), land and water rights acquisition, water-related Pueblo community welfare and economic development, and costs relating to implementation of the Agreement.
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, Ohkay Owingeh and the United States, acting as trustee for Ohkay Owingeh, shall execute a waiver and release of all claims for—
The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that—
The proposal concerns the July 5, 2023 settlement agreement, its exhibits and amendments needed to make it consistent with the bill. Its geographic scope is the Rio Chama surface-water drainage basin within New Mexico. The recognized water rights would depend on the agreement, section 5 and a court judgment from which no further appeal could be taken.
The term Agreement means— (A) the document entitled Ohkay Owingeh Rio Chama Water Rights Settlement and dated July 5, 2023, and the exhibits attached thereto; and (B) any amendment to the document referred to in subparagraph (A) (including an amendment to an exhibit thereto) that is executed to ensure that the Agreement is consistent with this Act.
The term Rio Chama Stream System means the Rio Chama surface water drainage basin within the State, as illustrated in Exhibit A to the Agreement.
The term State means the State of New Mexico.
The term Pueblo Water Rights means the water rights of Ohkay Owingeh in the Rio Chama Stream System— (A) as identified in the Agreement and section 5; and (B) as confirmed in the Partial Final Judgment and Decree.
The term Partial Final Judgment and Decree means a final or interlocutory partial final judgment and decree entered by the United States District Court for the District of New Mexico with respect to the water rights of Ohkay Owingeh in the Rio Chama Stream System— (A) that is substantially in the form described in the Agreement, as amended to ensure consistency with this Act; and (B) from which no further appeal may be taken.
The bill would approve the agreement only to the extent it is consistent with the bill and require the Interior Secretary to sign the relevant documents. The Secretary could later approve consistent modifications unless federal law separately requires congressional approval. If the agreement and bill conflict, the bill would control.
Except as modified by this Act, and to the extent that the Agreement does not conflict with this Act, the Agreement is authorized, ratified, and confirmed.
To the extent the Agreement does not conflict with this Act, the Secretary shall execute the Agreement, including all exhibits thereto 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 exhibit 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 the event of a conflict between the Agreement and this Act, this Act shall control.
Implementation would remain subject to applicable federal environmental laws. The Pueblo would prepare necessary environmental documents, and the Interior Secretary would independently evaluate them and remain responsible for their accuracy, scope and contents. Federally funded bosque projects—restoration or improvement of forests along water bodies—would require coordination with the Army Corps of Engineers to avoid harm to its authorized projects.
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 Pueblo 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.
For any bosque restoration or improvement project carried out by the Pueblo with funds appropriated under this Act, the Pueblo shall coordinate with the Corps of Engineers to ensure that work on the project shall not interfere with or adversely affect any authorized Federal project that is under the jurisdiction and authority of the Corps of Engineers.
The term bosque means a gallery forest located along the riparian floodplain of a stream, riverbank, or lake.
Signing the agreement itself would not count as a major federal action under the National Environmental Policy Act. The trust fund would generally pay environmental compliance and coordination costs. Federal approvals, reviews and inherently federal functions would remain the Interior Secretary’s responsibility, except that the trust fund would pay for Corps of Engineers reviews of the specified bosque projects.
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 and coordination activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of that compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary, with the exception that costs for review of bosque restoration or improvement projects by the Corps of Engineers described in paragraph (2)(C) shall be paid from funds deposited in the Trust Fund.
The United States would hold the Pueblo Water Rights in trust for Ohkay Owingeh. Those rights could not be lost through non-use, abandonment or other operation of law, and the Pueblo could not permanently transfer them away. State-law water rights acquired after the deadline for inclusion in the court judgment would also receive protection against forfeiture, abandonment and permanent transfer from the time of acquisition.
The Pueblo Water Rights shall be held in trust by the United States on behalf of Ohkay Owingeh in accordance with the Agreement and this Act.
The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law.
State-law based water rights acquired by Ohkay Owingeh, or by the United States on behalf of Ohkay Owingeh, 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.
The Pueblo shall not permanently alienate any portion of the Pueblo Water Rights.
Ohkay Owingeh could allocate, distribute and lease its recognized water rights for use on Pueblo Land, subject to the agreement, bill and applicable federal law. Uses off Pueblo Land would also require the Interior Secretary’s approval, and those leases could last no more than 99 years including renewals. The bill’s authorizations would satisfy federal-law requirements for authorization of the covered arrangements.
Ohkay Owingeh may allocate, distribute, and lease the Pueblo Water Rights for use on Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law, including the Act of August 9, 1955 (25 U.S.C. 415 et seq.) (commonly known as the Long-Term Leasing Act).
Ohkay Owingeh 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 maximum term of any lease, including all renewals, under this paragraph shall not exceed 99 years.
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 Interior Secretary would establish, manage, invest and distribute a settlement trust fund for Ohkay Owingeh. Federal deposits and investment earnings would remain available until spent, withdrawn or returned to the Treasury. Except for specified early withdrawals, funds would become available to the Pueblo on the settlement’s Enforceability Date.
The Secretary shall establish a trust fund, to be known as the Ohkay Owingeh Water Rights Settlement 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 Trust Fund under subsection (b), together with any investment earnings, including interest, earned on those amounts for the purpose of carrying out this Act.
Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to Ohkay Owingeh by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to Ohkay Owingeh pursuant to paragraph (2).
Up to $100 million, including investment earnings, could become available as soon as money is deposited. Early uses would include urgent bosque restoration, the Pueblo’s agreed contribution to senior irrigation-ditch improvements serving Pueblo and non-Indian users, a water-rights management department, water-rights purchases, and infrastructure planning, environmental documents, engineering and construction.
Notwithstanding paragraph (1), not more than $100,000,000 of the amounts deposited in the Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be available to Ohkay Owingeh for the following uses on the date on which the amounts are deposited in the Trust Fund: (A) Diversions of surface water and groundwater to the Rio Chama bosque for immediate and essential restoration and maintenance of the bosque. (B) Fulfillment of the contribution of the Pueblo under the Agreement for improvements to senior acequias on Pueblo Land supplying water to the Pueblo and non-Indians. (C) Establishment and operation of the water rights management administrative department of the Pueblo. (D) Acquisition of water rights. (E) Development of water infrastructure plans, preparing environmental compliance documents, and water project engineering and construction.
The fund could be used only for listed purposes. These include water-supply and wastewater infrastructure, agricultural water infrastructure and on-farm improvements; watershed, habitat and bosque work; land and water-rights purchases; water-related community welfare and economic development; settlement implementation; water-rights administration; and environmental compliance.
The Trust Fund may only be used 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 supply or wastewater infrastructure. (2) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, acquisition of water, or on-farm improvements for irrigation, livestock, and support of agriculture. (3) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, monitoring or other measures for watershed and endangered species habitat protection, bosque restoration or improvement (including any required cost shares for and allowable contributions to a Federal project or program), land and water rights acquisition, water-related Pueblo community welfare and economic development, and costs relating to implementation of the Agreement. (4) The management and administration of any water rights of the Pueblo. (5) Ensuring environmental compliance in the development and construction of projects under this Act.
Withdrawals would require either an approved Tribal management plan under the cited federal trust-fund law or an approved expenditure plan. Withdrawn money would have to serve the bill’s purposes; a Tribal management plan would also restrict earnings on withdrawn funds. The Secretary would have to approve an expenditure plan found reasonable and consistent with those purposes, and could use court or administrative action to enforce either type of plan.
The Pueblo may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Pueblo in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
the Tribal management plan under subparagraph (A) shall require that the Pueblo shall spend all amounts withdrawn from the 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.
Ohkay Owingeh may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan.
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 the Tribal management plan under subparagraph (A) to ensure that amounts withdrawn by the Pueblo from the Trust Fund under that subparagraph are used in accordance with 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.
The Pueblo would submit annual reports on spending and accomplishments under either withdrawal plan. The bill would provide no additional right to challenge plan-approval decisions in court beyond review under the Administrative Procedure Act, the cited law governing federal agency procedures and review.
Ohkay Owingeh shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under paragraph (1) or (2) of subsection (e), as applicable.
Nothing in this section gives Ohkay Owingeh the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (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).
The fund could not be divided into per-person payments to Pueblo members. The Interior and Treasury Secretaries would not be liable for the Pueblo’s spending or investment of funds withdrawn under either approved-plan process.
No portion of the Trust Fund shall be distributed on a per capita basis to any member of Ohkay Owingeh.
The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Pueblo under paragraph (1) or (2) of subsection (e).
The Pueblo would retain ownership, control and operation of projects built with trust-fund money and bear their operation, maintenance and replacement costs. An exception would preserve non-Indian owners’ title to projects improved on their property for mutual benefit.
Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in Ohkay Owingeh, except that title to projects that are improved with funds from the Trust Fund for the mutual benefit of the Pueblo and non-Indians, on property owned by non-Indians, shall remain with the underlying non-Indian owner.
All operation, maintenance, and replacement costs of any project constructed using funds from the Trust Fund shall be the responsibility of Ohkay Owingeh.
The bill would directly provide $745 million in federal funding for the trust fund, rather than merely authorize a future appropriation. That amount would increase or decrease for ordinary construction-cost changes and receive additional adjustments for unforeseen market volatility. Indexing would run from June 1, 2023 until each funding installment is deposited, so $745 million would not be a fixed final total.
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for deposit in the Trust Fund $745,000,000, 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, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend.
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 June 1, 2023, and end on the date on which the funds are deposited in the Trust Fund.
New Mexico would be required to contribute $98.5 million for agreement-signing acequias—irrigation-ditch organizations—and related agreed purposes, plus $32 million for Española water-system improvements, both adjusted for inflation under the agreement. It would also contribute $500,000 to an interest-bearing account to mitigate harm to non-Pueblo domestic and livestock groundwater rights caused by new Pueblo water use.
Pursuant to the Agreement, the State shall contribute— (1) $98,500,000, as adjusted for inflation pursuant to the Agreement, for Signatory Acequias ditch improvements, projects, and other purposes described in the Agreement; (2) $32,000,000, as adjusted for inflation pursuant to the Agreement, for the City of Española for water system improvement projects; and (3) $500,000, to be deposited in an interest-bearing account, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use.
The term Signatory Acequia means an acequia that is a signatory to the Agreement.
The settlement’s Enforceability Date would be set by publication of the Interior Secretary’s findings in the Federal Register. Required findings include making the agreement consistent with the bill, signatures from all parties including the United States, federal district-court approval and entry of the specified judgment, full federal funding deposits, and signed waivers from the Pueblo and Secretary.
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, 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 the amounts appropriated under section 7(a) have been appropriated and deposited in the Trust Fund;
the waivers and releases under section 9 have been executed by Ohkay Owingeh and the Secretary.
Before that date, New Mexico would also have to provide the acequia and Española contributions or enter funding agreements with their intended beneficiaries, deposit the groundwater-mitigation contribution, and enact legislation allowing Pueblo Water Rights leases lasting up to 99 years including renewals.
the State has— (A) provided the funding under section 7(c)(1) or entered into a funding agreement with the intended beneficiary for that funding; (B) provided the funding under section 7(c)(2) or entered into a funding agreement with the intended beneficiary for that funding; (C) provided the funding under section 7(c)(3) and deposited that amount into the appropriate funding account; and (D) enacted legislation to amend State law to provide that the Pueblo Water Rights may be leased for a term not to exceed 99 years, including renewals;
(1) $98,500,000, as adjusted for inflation pursuant to the Agreement, for Signatory Acequias ditch improvements, projects, and other purposes described in the Agreement; (2) $32,000,000, as adjusted for inflation pursuant to the Agreement, for the City of Española for water system improvement projects; and (3) $500,000, to be deposited in an interest-bearing account, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use.
Subject to retained claims, the Pueblo and the United States as its trustee would surrender Rio Chama water-rights claims asserted or available on or before the Enforceability Date, except rights recognized by the settlement. They would also surrender specified water-related damage and interference claims accrued through that date. These waivers would take effect on the Enforceability Date.
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, Ohkay Owingeh and the United States, acting as trustee for Ohkay Owingeh, shall execute a waiver and release of all claims for— (1) water rights within the Rio Chama Stream System that Ohkay Owingeh, or the United States acting as trustee for Ohkay Owingeh, 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, diversion, or taking of water rights) in the Rio Chama Stream System 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 retained-claims exceptions, the Pueblo would separately release claims against the United States first arising before the Enforceability Date concerning Rio Chama water rights. The listed subjects include unrecognized water-rights claims, lost benefits from non-Pueblo water use, water-related harm to land, resources and cultural activities, missing water-delivery infrastructure, irrigation-project harm or maintenance failures, dam-safety improvements, Abiquiu Dam’s effects on the bosque, and water-rights litigation.
Subject to the reservation of rights and retention of claims under subsection (d), Ohkay Owingeh 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 Rio Chama Stream System first arising before the Enforceability Date relating to—
(1) water rights within the Rio Chama Stream System that the United States, acting as trustee for Ohkay Owingeh, 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 Chama 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 Chama Stream System;
(4) failure to establish or provide a municipal, rural, or industrial water delivery system on Pueblo Land within the Rio Chama Stream System; (5) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Pueblo Land or Federal land and facilities (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Rio Chama Stream System; (6) failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Rio Chama Stream System; (7) failure to provide a dam safety improvement to a dam on Pueblo Land within the Rio Chama Stream System; (8) damage, loss, or injury to the bosque area of the Rio Chama due to the construction, operation, and maintenance of Abiquiu Dam and its associated infrastructure and resulting Rio Chama flow management; (9) the litigation of claims relating to any water right of Ohkay Owingeh within the Rio Chama Stream System;
That separate release against the United States would also cover the listed bosque-property taking claim, failures to protect aboriginal water rights or develop irrigation resources, failures involving Pueblo farmland and non-Indian trespass or seizure, and negotiation or adoption of the settlement. These are categories of claims to be released; the bill’s listing does not establish that the alleged conduct occurred.
Subject to the reservation of rights and retention of claims under subsection (d), Ohkay Owingeh 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 Rio Chama Stream System first arising before the Enforceability Date relating to—
(10) the taking of the bosque property of the Pueblo within the Pueblo Grant on the Rio Chama and Rio Grande as asserted in Ohkay Owingeh v. United States, No. 22–1607L (Court of Federal Claims); (11) failure of the United States to acknowledge and protect aboriginal rights to water in the Rio Chama Stream System; (12) the failure of the United States to develop the irrigation water resources in the Rio Chama Stream System on the Pueblo Grant, including failure to— (A) construct and deliver water through the Highline Canal; (B) make improvements to the Chamita Ditch; and (C) repurchase arable land unlawfully obtained by non-Indians; (13) the failure of the United States to prevent or remedy non-Indians’ trespass on or seizure of arable Pueblo lands in the Rio Chama Stream System on the Pueblo Grant; and (14) the negotiation, execution, or adoption of the Agreement (including exhibits) and this Act.
The Pueblo and its federal trustee would retain claims to enforce recognized rights and claims arising afterward concerning those rights. They would also retain water-quality claims, rights to use and protect water rights acquired after enactment, claims for land or resource harm unrelated to water loss, rights not specifically waived, and claims for water losses outside the Rio Chama system.
Notwithstanding the waivers and releases under subsections (a) and (b), the Pueblo and the United States, acting as trustee for Ohkay Owingeh, 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 Act, or the Partial Final Judgment and Decree entered in the Adjudication; (2) activities affecting the quality of water, including claims under— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including claims for damages to natural resources; (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.); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (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 Act or the Agreement; and (6) loss of water or water rights in locations outside of the Rio Chama Stream System.
The settlement would neither expand nor reduce governmental sovereignty or jurisdiction. It would preserve federal authority to carry out lawful activities and act as trustee, would not grant state courts the listed powers over federal environmental law, federal agency review or Pueblo law, and would not waive members’ individual claims that do not derive from Pueblo rights.
Nothing in the Agreement or this Act— (1) reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (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 Pueblo (consistent with this Act), any other pueblo or Indian Tribe, or an allottee of any other pueblo or 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 relating to health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Pueblo law; or (5) waives any claim of a member of Ohkay Owingeh in an individual capacity that does not derive from a right of the Pueblo.
For claims described in section 9, the bill would pause applicable filing deadlines and defenses based on delay from enactment until the Enforceability Date. It would not revive already expired claims or deadlines, and it would leave other legal grounds for pausing deadlines available.
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.
The proposed Act would expire if the Interior Secretary failed to publish the required findings by July 1, 2038. The Pueblo and Secretary could agree to a later deadline after giving New Mexico reasonable notice.
This Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 8 by not later than— (A) July 1, 2038; or (B) such alternative later date as is agreed to by Ohkay Owingeh and the Secretary, after providing reasonable notice to the State.
If the Act expired, the waivers and federal approval of the agreement would lose effect, and actions and contracts under the Act would become void. Unspent federal funds, earned interest and federally financed water rights, water-use contracts and other property would have to be returned to the federal government, unless the Pueblo and United States agreed otherwise and Congress approved.
If this Act 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 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 Ohkay Owingeh and the United States and approved by Congress;
After expiration, the United States could credit specified federal funding and accrued interest against covered claims or a future Pueblo water-rights settlement, reducing the amount otherwise owed. This would exclude federal money used to acquire or construct property returned to the government.
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— (aa) Ohkay Owingeh; 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 Ohkay Owingeh.
The settlement benefits would fully replace and satisfy the Pueblo’s claims against the United States that it releases under section 9(b). This provision would apply to those released claims, rather than every possible Pueblo claim.
The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of Ohkay Owingeh against the United States that is waived and released by Ohkay Owingeh pursuant to section 9(b).
The bill would not waive the United States’ sovereign immunity—its protection against suit without consent—or quantify or diminish other Tribes’ land or water rights and claims. It would preserve existing law governing court review before federal environmental enforcement. The Pueblo would have to protect the United States from damages caused by construction, operation or maintenance of covered bosque projects.
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, pueblo, or community other than Ohkay Owingeh.
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.
For any bosque restoration or improvement project carried out by the Pueblo with funds appropriated under this Act, the Pueblo shall hold and save the United States free from damages due to the construction or operation and maintenance of the project.
The United States would not be liable for failing to carry out obligations or activities under the bill or agreement 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 Act, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act.
The supplied official-actions snapshot, updated July 23, 2026, records introduction in the House and referral to the House Committee on Natural Resources on February 13, 2025. That snapshot supplies no later legislative action; it does not establish whether the bill subsequently advanced or became law.
Source snapshot updated 2026-07-23T23:06:25Z. 2025-02-13: Referred to the House Committee on Natural Resources. 2025-02-13: Introduced in House 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 separate policy rider was identified in the complete supplied introduced version. Its funding and policy terms implement the same settlement. This conclusion does not establish absence in other versions or accompanying materials, and the source set does not document attachment history.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
Findings to examine
The text identifies recipient-specific spending that warrants earmark review. The source set does not establish its formal classification under congressional earmark rules.
The proposal would direct $745 million, subject to cost adjustments, into a named settlement trust fund for Ohkay Owingeh. This is a specific recipient allocation rather than a competitive grant program; formal earmark status remains unverified.
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for deposit in the Trust Fund $745,000,000, 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, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend.
The Secretary shall establish a trust fund, to be known as the Ohkay Owingeh Water Rights Settlement Trust Fund
Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to Ohkay Owingeh by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to Ohkay Owingeh pursuant to paragraph (2).
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The supplied version contains narrow legal protections and an exception tied to the settlement. Their identification does not imply improper purpose or unjustified treatment.
Ohkay Owingeh’s recognized water rights would receive an express protection against loss through non-use or other operation of law. Certain later-acquired state-law rights would also be protected from forfeiture, abandonment and permanent transfer. These are beneficiary-specific protections central to the settlement, accompanied by a ban on permanently transferring the recognized rights away.
The Pueblo Water Rights shall be held in trust by the United States on behalf of Ohkay Owingeh in accordance with the Agreement and this Act.
The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law.
State-law based water rights acquired by Ohkay Owingeh, or by the United States on behalf of Ohkay Owingeh, 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.
The Pueblo shall not permanently alienate any portion of the Pueblo Water Rights.
The agreement’s parties would receive a narrow procedural exception: the Secretary’s signing of this settlement would not count as a major federal action under the National Environmental Policy Act. The exception concerns signing; implementation would still have to comply with applicable environmental laws.
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 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.
Full text preserved for this analysis. Legislative record snapshot: Jul 23, 2026. How PlainBill uses AI