HR6205-119

What This Bill Does

The Taos Pueblo Indian Water Rights Settlement Amendments Act updates the 2010 Taos Pueblo settlement statute. It adds definitions for a mitigation well system and Pueblo Trust Funds, then revises section 505 so the Secretary manages multiple Pueblo trust funds instead of a single fund. It creates a Taos Pueblo Groundwater Development Supplemental Trust Fund that Taos Pueblo may use for groundwater production, treatment, and delivery infrastructure, and a Taos Pueblo Surface Water Sharing Supplemental Trust Fund that may be used for surface water sharing infrastructure and gages tied to the Settlement Agreement. It adds supplemental nonreimbursable assistance for eligible non-Pueblo entities to plan, permit, design, engineer, and construct mutual-benefit water projects, including water treatment, with application deadlines and construction benchmarks. Non-mitigation well system projects must spend at least 10 percent within three years, substantially complete construction within six years, and fully complete within eight years; mitigation well system projects must spend at least 15 percent within three years, substantially complete within four years, and fully complete within six years, with limited extension authority. The bill provides mandatory appropriations of $161 million, adjusted for construction costs, for mutual-benefit projects; $190 million, adjusted, for the groundwater development supplemental trust fund; and $16 million, adjusted, for the surface water sharing supplemental trust fund. It also states that prior settlement conditions and the 2016 Interior finding remain valid and that no settlement agreement or partial final decree amendment is required for Interior to carry out the Act.

Who Benefits and How

Taos Pueblo water programs benefit from supplemental trust funds for groundwater infrastructure and surface water sharing infrastructure. Taos Pueblo groundwater infrastructure benefits from a $190 million mandatory appropriation, adjusted for construction cost changes. Taos Pueblo surface water sharing infrastructure benefits from a $16 million mandatory appropriation, adjusted for construction cost changes. Eligible non-Pueblo entities benefit from $161 million in supplemental nonreimbursable assistance for mutual-benefit water projects. Mutual-benefit water project contractors benefit from funded planning, design, engineering, construction, and water treatment work.

Who Bears the Burden and How

Interior trust fund staff must manage the supplemental Pueblo trust funds, investments, withdrawals, and expenditure conditions. Bureau of Reclamation project staff must award and oversee mutual-benefit project grants, contracts, and financial assistance agreements. Eligible non-Pueblo entities must meet application deadlines and construction expenditure, substantial-completion, and final-completion deadlines. Treasury transfer staff must move mandatory appropriations into the new settlement funds. Federal taxpayers bear the cost of at least $367 million in mandatory appropriations before construction-cost adjustments.

Key Provisions

• Adds definitions for the mitigation well system and Pueblo Trust Funds.
• Establishes supplemental groundwater development and surface water sharing trust funds for Taos Pueblo.
• Authorizes supplemental nonreimbursable assistance for eligible non-Pueblo mutual-benefit water projects.
• Requires project expenditure and completion deadlines for mitigation well system and non-mitigation projects.
• Appropriates $161 million for mutual-benefit projects, $190 million for groundwater development, and $16 million for surface water sharing, each subject to adjustment.
• Protects prior settlement conditions, the 2016 Interior finding, and implementation without amending the settlement agreement or partial final decree.