S. 3242

111 S3242 IS: Taos Pueblo Indian Water Rights Settlement Amendments Act of 2025
 U.S. Senate
 2025-11-20
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 3242  IN THE SENATE OF THE UNITED STATES   November 20, 2025   Mr. Luján  (for himself and  Mr. Heinrich ) introduced the following bill; which was read twice and referred to the  Committee on Indian Affairs    A BILL
To amend the Taos Pueblo Indian Water Rights Settlement Act to facilitate implementation of the Taos Pueblo Indian Water Rights Settlement Agreement, and for other purposes.
1.
Short title
This Act may be cited as the   Taos Pueblo Indian Water Rights Settlement Amendments Act of 2025  .
2.
Definitions
Section 503 of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3122) is amended—
(1)
in paragraph (1), by striking  and the New Mexico Department of Finance and Administration Local Government Division on behalf of  ;
(2)
by redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), and (12) as paragraphs (4), (5), (6), (7), (8), (10), (11), (12), (13), and (14), respectively;
(3)
by inserting after paragraph (2) the following:
(3)
Mitigation well system
The term  Mitigation Well System  means a system of wells, pipelines, and treatment infrastructure to provide a method for offsetting surface water depletion effects to the stream segments identified in Article 7.3.3.1.9 of the Settlement Agreement.
 ; and
(4)
by inserting after paragraph (8) (as so redesignated) the following:
(9)
Pueblo trust funds
The term  Pueblo Trust Funds  means—
(A)
the Taos Pueblo Water Development Fund established by subsection (a) of section 505;
(B)
the Taos Pueblo Groundwater Development Supplemental Trust Fund established by subsection (h) of that section; and
(C)
the Taos Pueblo Surface Water Sharing Supplemental Trust Fund established by subsection (i) of that section.
 .
3.
Pueblo Trust Funds
(a)
In general
Section 505 of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3123) is amended—
(1)
by striking the section heading and inserting
Pueblo Trust Funds  ;
(2)
in subsection (a)—
(A)
in the subsection heading, by inserting
of Taos Pueblo Water Development Fund   after
Establishment  ; and
(B)
in the matter preceding paragraph (1), by striking  (referred to in this section as the  Fund ) ;
(3)
in subsection (b)—
(A)
by striking the subsection heading and inserting
Management of Pueblo Trust Funds  ; and
(B)
by striking  the Fund  each place it appears and inserting  the Pueblo Trust Funds ;
(4)
in subsection (c)—
(A)
by striking the subsection heading and inserting
Investment of Pueblo Trust Funds  ;
(B)
in the matter preceding paragraph (1), by striking  the Fund  and inserting  the Pueblo Trust Funds ; and
(C)
by striking paragraph (3) and inserting the following:
(3)
the Trust Fund Reform Act.
 ;
(5)
in subsection (d)—
(A)
in the subsection heading, by striking
Fund   and inserting
Taos Pueblo Water Development Fund  ; and
(B)
by striking  the Fund  and inserting  the Taos Pueblo Water Development Fund established by subsection (a) ;
(6)
in subsection (e)—
(A)
by striking  the Fund  each place it appears and inserting  the Pueblo Trust Funds ; and
(B)
in paragraph (2), by striking  specified in subsection (a)  and inserting  described in subsections (a), (h)(2), and (i)(2), as applicable ;
(7)
in subsection (f), in the matter preceding paragraph (1), by striking  the Fund  and inserting  the Taos Pueblo Water Development Fund established by subsection (a) ;
(8)
in subsection (g), by striking  the Fund  and inserting  the Pueblo Trust Funds ; and
(9)
by adding at the end the following:
(h)
Taos pueblo groundwater development supplemental trust fund
(1)
Establishment
There is established in the Treasury of the United States a fund, to be known as the  Taos Pueblo Groundwater Development Supplemental Trust Fund  (referred to in this subsection as the  Groundwater Development Supplemental Trust Fund ), consisting of—
(A)
amounts appropriated to the Groundwater Development Supplemental Trust Fund under section 509(l); and
(B)
any interest earned on investment of amounts in the Groundwater Development Supplemental Trust Fund under paragraph (3).
(2)
Use of funds
The Pueblo may use amounts in the Groundwater Development Supplemental Trust Fund to pay or reimburse costs incurred by the Pueblo to investigate, plan, permit, design, engineer, construct, reconstruct, replace, rehabilitate, operate, or repair groundwater production, treatment, or delivery infrastructure consistent with the Settlement Agreement.
(3)
Investment
On deposit, the Secretary shall invest amounts in the Groundwater Development Supplemental Trust Fund in accordance with subsection (c).
(4)
Investment earnings
Any investment earnings, including interest, credited to amounts in the Groundwater Development Supplemental Trust Fund are authorized to be used in accordance with paragraph (2).
(5)
Availability
Amounts deposited in the Groundwater Development Supplemental Trust Fund pursuant to section 509(l), or from other authorized sources, shall be available to the Pueblo for expenditure or withdrawal after the requirements of subsection (e) have been met.
(6)
Management
The Secretary shall manage the Groundwater Development Supplemental Trust Fund in accordance with subsection (b).
(7)
Conditions for expenditure and withdrawal
All expenditures and withdrawals by the Pueblo of funds in the Groundwater Development Supplemental Trust Fund shall comply with the requirements of subsection (e).
(i)
Taos pueblo surface water sharing supplemental trust fund
(1)
Establishment
There is established in the Treasury of the United States a fund, to be known as the  Taos Pueblo Surface Water Sharing Supplemental Trust Fund  (referred to in this subsection as the  Surface Water Sharing Supplemental Trust Fund ), consisting of—
(A)
amounts appropriated to the Surface Water Sharing Supplemental Trust Fund under section 509(m); and
(B)
any interest earned on investment of amounts in the Surface Water Sharing Supplemental Trust Fund under paragraph (3).
(2)
Use of funds
The Pueblo may use amounts in the Surface Water Sharing Supplemental Trust Fund to pay or reimburse costs incurred by the Pueblo to investigate, plan, permit, design, engineer, construct, reconstruct, replace, rehabilitate, operate, or repair surface water sharing infrastructure and gages to facilitate implementation of Article 8.2 of the Settlement Agreement.
(3)
Investment
On deposit, the Secretary shall invest amounts in the Surface Water Sharing Supplemental Trust Fund in accordance with subsection (c).
(4)
Investment earnings
Any investment earnings, including interest, credited to amounts in the Surface Water Sharing Supplemental Trust Fund are authorized to be used in accordance with paragraph (2).
(5)
Availability
Amounts deposited in the Surface Water Sharing Supplemental Trust Fund pursuant to section 509(m), or from other authorized sources, shall be available to the Pueblo for expenditure or withdrawal after the requirements of subsection (e) have been met.
(6)
Management
The Secretary shall manage the Surface Water Sharing Supplemental Trust Fund in accordance with subsection (b).
(7)
Conditions for expenditure and withdrawal
All expenditures and withdrawals by the Pueblo of amounts in the Surface Water Sharing Supplemental Trust Fund shall comply with the requirements of subsection (e).
 .
(b)
Clerical amendment
The table of contents for the Claims Resolution Act of 2010 ( Public Law 111–291 ; 124 Stat. 3064) is amended by striking the item relating to section 505 and inserting the following:
Sec. 505. Pueblo Trust Funds.
  .
4.
Mutual-benefit projects
Section 507 of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3126) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1), by striking  in subsection (a)  and inserting  under subsections (a) and (c) ;
(B)
in paragraph (2), by striking  shall  and inserting  authorized under subsections (a) and (c) shall ; and
(C)
in paragraph (3), in the matter preceding subparagraph (A), by striking  section 509(c)(2)  and inserting  subsections (c)(2) and (k) of section 509 ; and
(2)
by adding at the end the following:
(c)
Supplemental funding for mutual-Benefit projects
(1)
In general
The Secretary, acting through the Commissioner of Reclamation, shall provide financial assistance from funds made available pursuant to section 509(k) to Eligible Non-Pueblo Entities in the form of grants or financial assistance agreements on a nonreimbursable basis or contracts to plan, permit, design, engineer, and construct the Mutual-Benefit Projects, including water treatment.
(2)
Eligibility
To be eligible for funding under paragraph (1), an Eligible Non-Pueblo Entity—
(A)
shall have applied for funding under subsection (a) prior to the date that is 90 days after the date of enactment of the  Taos Pueblo Indian Water Rights Settlement Amendments Act of 2025 ; and
(B)
shall apply for funding under paragraph (1) not later than 180 days after that date of enactment.
(3)
Deadlines
(A)
In general
Grants, contracts, and financial assistance agreements under paragraph (1) shall be subject to the following deadlines, as applicable:
(i)
Non-mitigation well system projects
Subject to subparagraph (B), for each Mutual-Benefit Project that does not include part of the Mitigation Well System—
(I)
at least 10 percent of funding awarded under paragraph (1) shall be expended not later than 3 years after the date on which that funding is awarded;
(II)
construction of the Mutual-Benefit Project shall be substantially completed, as determined by the Commissioner of Reclamation, not later than 6 years after the date on which that funding is awarded; and
(III)
construction of the Mutual-Benefit Project shall be fully completed, as determined by the Commissioner of Reclamation, not later than 8 years after the date on which that funding is awarded.
(ii)
Mitigation well system
Subject to subparagraph (B), for each Mutual-Benefit Project that includes part of the Mitigation Well System—
(I)
at least 15 percent of funding awarded under paragraph (1) shall be expended not later than 3 years after the date on which that funding is awarded;
(II)
construction of the Mutual-Benefit Project shall be substantially completed, as determined by the Commissioner of Reclamation, not later than 4 years after the date on which that funding is awarded; and
(III)
construction of the Mutual-Benefit Project shall be fully completed, as determined by the Commissioner of Reclamation, not later than 5 years after the date on which that funding is awarded.
(B)
Extension
The Commissioner of Reclamation may, for good cause, extend a deadline under clause (i) or (ii) of subparagraph (A) for the applicable grant, contract, or financial assistance agreement.
(C)
Failure to comply with deadlines
If an Eligible Non-Pueblo Entity does not comply with any deadline described in clause (i) or (ii) of subparagraph (A), the Commissioner of Reclamation may—
(i)
terminate the grant, contract, or financial assistance agreement; and
(ii)
require the Eligible Non-Pueblo Entity to return unexpended funds.
(4)
Exceptions
Notwithstanding paragraphs (1) and (2), the Commissioner of Reclamation may—
(A)
award funding returned under paragraph (3)(C) or funding not yet disbursed to the noncompliant Eligible Non-Pueblo Entity to another Eligible Non-Pueblo Entity to plan, permit, design, engineer, and construct any affected portion of the Mitigation Well System or another Mutual-Benefit Project;
(B)
on consent of the Pueblo and State, contract with a third party to plan, permit, design, engineer, and construct any affected portion of the Mitigation Well System with funding returned under paragraph (3)(C) or not yet disbursed to the noncompliant Eligible Non-Pueblo Entity; and
(C)
award funding made available pursuant to section 509(k) for alternative or interim offset infrastructure under paragraph (5) if—
(i)
an Eligible Non-Pueblo Entity obligated to construct part of the Mitigation Well System—
(I)
does not meet the eligibility requirements under paragraph (2) for the applicable part of the Mitigation Well System by the dates described in that paragraph;
(II)
is not awarded funding under subsection (a) for the applicable part of the Mitigation Well System by the date that is 1 year after the date of enactment of the  Taos Pueblo Indian Water Rights Settlement Amendments Act of 2025 ;
(III)
is not awarded funding under this subsection for the applicable part of the Mitigation Well System by the date that is 18 months after that date of enactment;
(IV)
does not commence construction of the applicable part of the Mitigation Well System by the date that is 2 years after that date of enactment; or
(V)
does not comply with a deadline described in paragraph (3); and
(ii)
sufficient funding is available in the Taos Settlement Mutual-Benefit Projects Supplemental Fund established under section 509(k)(3), as determined by the Commissioner of Reclamation.
(5)
Alternative or interim offset infrastructure
(A)
In general
(i)
In general
Notwithstanding paragraphs (1) and (2), the Commissioner of Reclamation may, pursuant to paragraph (4)(C), provide financial assistance from funds made available pursuant to section 509(k) in the form of grants or financial assistance agreements on a nonreimbursable basis or contracts—
(I)
to another Eligible Non-Pueblo Entity to plan, permit, design, engineer, and construct alternative or interim offset infrastructure off Pueblo lands to offset surface water depletion effects on the applicable stream segments in accordance with a proposal from an Eligible Non-Pueblo Entity approved by the State, the Pueblo, and the Secretary; and
(II)
to the Pueblo to plan, permit, design, engineer, and construct alternative or interim offset infrastructure on Pueblo lands, to be owned and operated by the Pueblo, to offset surface water depletion effects on the applicable stream segments in accordance with a proposal from the Pueblo approved by the State and the Secretary.
(ii)
Limitation
Notwithstanding subsection (b)(2), no non-Federal cost share shall be required for alternative or interim offset infrastructure under clause (i)(II).
(B)
Effect
(i)
In general
Use of alternative or interim offset infrastructure constructed pursuant to subparagraph (A)(i) shall constitute compliance with requirements in the Settlement Agreement for use of the Mitigation Well System to offset surface water depletions on the applicable stream segments.
(ii)
Savings provision
Nothing in the amendments made by the  Taos Pueblo Indian Water Rights Settlement Amendments Act of 2025  precludes agreements among the Pueblo, the Secretary, the State, and affected parties to address depletion offset obligations for the period before the applicable Mitigation Well is fully completed, permitted, and operating.
(d)
Title to property
In no event shall the Commissioner of Reclamation hold title to property acquired or constructed with funding made available pursuant to subsections (c)(2)(A) and (k) of section 509.
 .
5.
Funding
Section 509 of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3128) is amended by adding at the end the following:
(k)
Supplemental funding for mutual-Benefit projects
(1)
Mandatory appropriation
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to award funding pursuant to section 507(c) $161,000,000, as adjusted pursuant to paragraph (2).
(2)
Fluctuation in costs
(A)
In general
The amount under paragraph (1) shall be adjusted by such amounts as may be justified—
(i)
by reason of changes since July 2025 in construction costs, as indicated by the Bureau of Reclamation Construction Cost Index-Composite Trend; and
(ii)
to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices applicable to the types of construction involved, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.
(B)
Repetition
The adjustment process under this paragraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.
(C)
Period of indexing
The period of indexing adjustment under this paragraph for any increment of funding shall end on the date on which the relevant funding is awarded, but in no event shall funds be indexed later than 10 years after the date of enactment of the  Taos Pueblo Indian Water Rights Settlement Amendments Act of 2025 .
(3)
Deposit in Fund
The Secretary shall deposit the funds made available pursuant to paragraph (1) in a noninterest-bearing fund, to be known as the  Taos Settlement Mutual-Benefit Projects Supplemental Fund , to be established in the Treasury of the United States so that such funds may be made available to carry out section 507(c).
(l)
Taos pueblo groundwater development supplemental trust fund
(1)
Mandatory appropriation
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for deposit in the Taos Pueblo Groundwater Development Supplemental Trust Fund established by section 505(h) (referred to in this subsection as the  Groundwater Development Supplemental Trust Fund ) $190,000,000, as adjusted pursuant to paragraph (2).
(2)
Fluctuation in costs
(A)
In general
The amount under paragraph (1) shall be adjusted by such amounts as may be justified—
(i)
by reason of changes since July 2025 in construction costs, as indicated by the Bureau of Reclamation Construction Cost Index-Composite Trend; and
(ii)
to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices applicable to the types of construction involved, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.
(B)
Repetition
The adjustment process under this paragraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.
(C)
Period of indexing
The period of indexing adjustment under this paragraph for any increment of funding shall end on the date on which the amount under paragraph (1) is deposited in the Groundwater Development Supplemental Trust Fund.
(m)
Taos pueblo surface water sharing supplemental trust fund
(1)
Mandatory appropriation
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for deposit in the Taos Pueblo Surface Water Sharing Supplemental Trust Fund established by section 505(i) (referred to in this subsection as the  Surface Water Sharing Supplemental Trust Fund ) $16,000,000, as adjusted pursuant to paragraph (2).
(2)
Fluctuation in costs
(A)
In general
The amount under paragraph (1) shall be adjusted by such amounts as may be justified—
(i)
by reason of changes since July 2025 in construction costs, as indicated by the Bureau of Reclamation Construction Cost Index-Composite Trend; and
(ii)
to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices applicable to the types of construction involved, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.
(B)
Repetition
The adjustment process under this paragraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.
(C)
Period of indexing
The period of indexing adjustment under this paragraph for any increment of funding shall end on the date on which the amount under paragraph (1) is deposited in the Surface Water Sharing Supplemental Trust Fund.
 .
6.
Disclaimers
(a)
Conditions precedent
Nothing in this Act shall be construed to affect—
(1)
the previous satisfaction of the conditions precedent in subsection (f)(2) of section 509 of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3128); or
(2)
the validity of the finding published by the Secretary of the Interior in the Federal Register on October 7, 2016, pursuant to subsection (f)(1) of that section that those conditions precedent were fully satisfied.
(b)
Settlement Agreement; Partial Final Decree
(1)
Definitions
In this subsection, the terms  Partial Final Decree  and  Settlement Agreement  have the meanings given those terms in section 503 of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3122).
(2)
Disclaimers
Nothing in this Act, the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3122), or the Settlement Agreement shall be construed to require—
(A)
an amendment of the Settlement Agreement or the Partial Final Decree for the Secretary of the Interior to carry out this Act; or
(B)
use of the project modification or failure process in Article 13.3 of the Settlement Agreement for alternative or interim offset infrastructure funded under subsection (c)(5) of section 507 of the Taos Pueblo Indian Water Rights Settlement Act ( Public Law 111–291 ; 124 Stat. 3126).