82 FR 43400 - Statement of Findings: Aamodt Litigation Settlement Act

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 82, Issue 178 (September 15, 2017)

The Secretary of the Interior (Secretary) is publishing this notice in accordance with the Aamodt Litigation Settlement Act (Settlement Act). Congress enacted the Settlement Act as Title VI of the Claims Resolution Act of 2010. The publication of this notice causes the Settlement Agreement executed in accordance with the Settlement Act to remain applicable and causes certain waivers and releases of claims executed pursuant to the Settlement Act to become applicable.

[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43400-43401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19541]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[17XD4523WS\DS10100000\DWSN00000.000000\DP10020]


Statement of Findings: Aamodt Litigation Settlement Act

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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SUMMARY: The Secretary of the Interior (Secretary) is publishing this 
notice in accordance with the Aamodt Litigation Settlement Act 
(Settlement Act). Congress enacted the Settlement Act as Title VI of 
the Claims Resolution Act of 2010. The publication of this notice 
causes the Settlement Agreement executed in accordance with the 
Settlement Act to remain applicable and causes certain waivers and 
releases of claims executed pursuant to the Settlement Act to become 
applicable.

DATES: This notice is applicable September 15, 2017.

FOR FURTHER INFORMATION CONTACT: Address all comments and requests for 
additional information to Christopher Banet, Chair, Aamodt Settlement 
Implementation Team, Department of the Interior, Bureau of Indian 
Affairs, Southwest Regional Office, 1001 Indian School Road NW., 
Albuquerque, NM 87104 (503) 563-3403, [email protected].

SUPPLEMENTARY INFORMATION: The Settlement Act was enacted to resolve 
water rights claims of the Pueblos of Pojoaque, Namb[eacute], Tesuque, 
and San Ildefonso (Pueblos) in the Pojoaque River Basin--including the 
Rio Namb[eacute], Rio Pojoaque, and Rio Tesuque stream systems and 
interrelated groundwater systems--in the State of New Mexico subject to 
an adjudication in the U.S. District Court (Court) in State of New 
Mexico ex rel. State Engineer v. Aamodt, No. 6:66-CV-6639 (D.N.M. filed 
1966). The Settlement Parties include the four Pueblos; the County of 
Santa Fe; the City of Santa Fe; various individuals and entities; the 
State of New Mexico (State); and the United States (Settlement 
Parties).
    The Settlement Act and underlying agreements quantify and define 
the Pueblos' water rights, including surface and groundwater within the 
Pojoaque River Basin as well as additional water to be supplied via 
contract from the Bureau of Reclamation's San Juan-Chama Project, and 
also recognizes certain non-Pueblo water entitlements and allocations, 
including for local governments and water districts. The Settlement Act 
and underlying

[[Page 43401]]

agreements provide additional significant benefits to the Pueblos and 
local communities, including federal funding to help construct the 
Pojoaque Basin Regional Water System and federal funding to establish 
the Aamodt Pueblos Settlement Fund. The non-federal Settlement Parties 
submitted a signed Settlement Agreement to Congress prior to enactment 
of the Settlement Act, which has been revised and signed by the 
Settlement Parties pursuant to the terms of the Settlement Act. In 
order for the Settlement Agreement to remain enforceable, nine 
conditions precedent outlined in section 623 of the Settlement Act must 
be fulfilled by September 15, 2017.

Statement of Findings

    In accordance with section 623(a)(2) of the Settlement Act, I find 
as follows:
    (A) To the extent that the Settlement Agreement conflicted with the 
Settlement Act, the Settlement Agreement has been revised to conform 
with the Settlement Act.
    (B) The Settlement Agreement, as revised, including waivers and 
releases pursuant to section 624 of the Settlement Act, has been 
executed by the appropriate parties and the Secretary.
    (C) Congress has fully appropriated, or the Secretary has provided 
from other authorized sources, all funds authorized by section 617 of 
the Settlement Act, with the exception of subsection (a)(1) of that 
section.
    (D) The Secretary has acquired and entered into appropriate 
contracts for the water rights described in section 613(a) of the 
Settlement Act.
    (E) For purposes of section 613(a) of the Settlement Act, permits 
have been issued by the New Mexico State Engineer to the Pojoaque Basin 
Regional Water Authority (Authority) formed pursuant to section 9.5 of 
the Settlement Agreement to change the points of diversion to the 
mainstem of the Rio Grande for the diversion and consumptive use of at 
least 2,381 acre-feet by the Pueblos as part of the water supply for 
the Regional Water System, subject to the conditions that (i) the 
permits are free of any condition that materially adversely affects the 
ability of the Pueblos or the Authority to divert or use the Pueblo 
water supply described in section 613(a) of the Settlement Act, 
including water rights acquired in addition to those described in 
section 613(a) of the Settlement Act, in accordance with section 613(g) 
of the Settlement Act; and (ii) the Settlement Agreement establishes 
the means to address any permit conditions to ensure the ability of the 
Pueblos to fully divert and consume at least 2,381 acre-feet as part of 
the water supply for the Regional Water System, including defining the 
conditions that will not constitute a material adverse effect.
    (F) The State has enacted necessary legislation and has provided 
funding as required under the Settlement Agreement.
    (G) A partial final decree that sets forth the water rights and 
other rights to water to which the Pueblos are entitled under the 
Settlement Agreement and the Settlement Act and that substantially 
conforms to the Settlement Agreement has been approved by the Court.
    (H) A final decree that sets forth the water rights for all parties 
to the Aamodt Case and that substantially conforms to the Settlement 
Agreement has been approved by the Court.
    (I) The waivers and releases described in section 624 of the 
Settlement Act have been executed.

Ryan K. Zinke,
Secretary of the Interior.
[FR Doc. 2017-19541 Filed 9-14-17; 8:45 am]
 BILLING CODE 4334-63-P