[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4594-S4599]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2269. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Zuni Indian Tribe Water
Rights Settlement Act of 2024''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Enforceability date.--The term ``Enforceability Date''
means the date described in section 5109.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Tribal water rights.--
(A) In general.--The term ``Tribal Water Rights'' means the
water rights of the Tribe in the Zuni River Stream System (as
defined in section 5102)--
(i) as identified in the Agreement and section 5104; and
(ii) as confirmed in the Partial Final Judgment and Decree
(as defined in section 5102).
(B) Exclusions.--The term ``Tribal Water Rights'' does not
include--
(i) any interest that the Tribe may have in an Allotment
(as defined in section 5102) that is determined by the
Secretary to be patented pursuant to section 1 of the Act of
February 8, 1887 (commonly known as the ``Indian General
Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331)
(as in effect on the day before the date of enactment of the
Indian Land Consolidation Act Amendments of 2000 (Public Law
106-462; 114 Stat. 1991)); or
(ii) any undivided interest that the Tribe may have in an
Allotment (as so defined)
[[Page S4595]]
that is determined by the Secretary to be patented pursuant
to an authority other than section 1 of the Act of February
8, 1887 (commonly known as the ``Indian General Allotment
Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331) (as in
effect on the day before the date of enactment of the Indian
Land Consolidation Act Amendments of 2000 (Public Law 106-
462; 114 Stat. 1991)).
(5) Tribe.--The term ``Tribe'' means the Zuni Tribe of the
Zuni Reservation, a federally recognized Indian Tribe.
TITLE LI--ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT
SEC. 5101. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the Zuni River Stream System in
the State for--
(A) the Tribe; and
(B) the United States, acting as trustee for the Tribe;
(2) to authorize, ratify, and confirm the Agreement entered
into by the Tribe, the State, and various other parties to
the extent that the Agreement is consistent with this title;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry out the
Agreement in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Agreement and this title.
SEC. 5102. DEFINITIONS.
In this title:
(1) Adjudication.--The term ``Adjudication'' means the
general adjudication of water rights entitled ``United States
v. A&R Production, et al.'', Civil No. 01-CV-00072, including
the subproceeding Civil No. 07-CV-00681, pending as of the
date of enactment of this Act in the United States District
Court for the District of New Mexico.
(2) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Settlement Agreement to
Quantify and Protect the Water Rights of the Zuni Indian
Tribe in the Zuni River Basin in New Mexico and to Protect
the Zuni Salt Lake'' and dated May 1, 2023, 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.
(3) Allotment.--The term ``Allotment'' means--
(A) any of the 9 parcels on Zuni Lands that are held in
trust by the United States for individual Indians, or an
Indian Tribe holding an undivided fractional beneficial
interest, under the patents numbered 202394, 224251, 224252,
224667, 234753, 236955, 254124, 254125, and 254126; and
(B) any of the 6 parcels in the State off Zuni Lands that
are held in trust by the United States for individual
Indians, or an Indian Tribe holding an undivided fractional
beneficial interest, under the patents numbered 211719,
246362, 246363, 246364, 246365, and 247321.
(4) Allottee.--The term ``Allottee'' means--
(A) an individual Indian holding a beneficial interest in
an Allotment; or
(B) an Indian Tribe holding an undivided fractional
beneficial interest in an Allotment.
(5) 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 the Tribe--
(A) that is substantially in the form described in the
Agreement, as amended to ensure consistency with this title;
and
(B) from which no further appeal may be taken.
(6) Trust fund.--The term ``Trust Fund'' means the Zuni
Tribe Settlement Trust Fund established under section
5105(a).
(7) Zuni lands.--The term ``Zuni Lands'' means land within
the State that is held in trust by the United States for the
Tribe, or owned by the Tribe, at the time of filing of a
Motion for Entry of the Partial Final Judgment and Decree,
including the land withdrawn from sale and set apart as a
reservation or in trust for the use and occupancy of the
Tribe by--
(A) Executive Order of March 16, 1877 (relating to Zuni
Pueblo reserve), as amended by Executive Order of May 1, 1883
(relating to Zuni Reserve);
(B) Presidential Proclamation 1412, dated November 30,
1917;
(C) the Act of June 20, 1935 (49 Stat. 393, chapter 282);
(D) the Act of August 13, 1949 (63 Stat. 604, chapter 425);
and
(E) the Warranty Deed recorded on July 16, 1997, in Book 6,
Page 5885 of the Cibola County Records.
(8) Zuni river stream system.--The term ``Zuni River Stream
System'' means the Zuni River surface water drainage basin
identified in the order of the United States District Court
for the District of New Mexico in the Adjudication entitled
``Order on Special Master's Report re: Geographic Scope of
Adjudication, Docket 200'' and dated May 21, 2003.
SEC. 5103. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--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.
(2) Amendments.--If an amendment to the Agreement, or to
any attachment to the Agreement requiring the signature of
the Secretary, is executed in accordance with this title to
make the Agreement consistent with this title, the amendment
is authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent 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.
(2) Modifications.--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 Federal law.
(c) Environmental Compliance.--
(1) In general.--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.
(2) Compliance.--
(A) In general.--In implementing the Agreement and this
title, the Tribe 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.
(B) Authorizations.--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 Trust Fund, 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.
SEC. 5104. TRIBAL WATER RIGHTS.
(a) Trust Status of the Tribal Water Rights.--The Tribal
Water Rights shall be held in trust by the United States on
behalf of the Tribe, in accordance with the Agreement and
this title.
(b) Forfeiture and Abandonment.--
(1) In general.--The Tribal 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 the Tribe, or by the United States on
behalf of the Tribe, 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 those water rights are acquired.
(c) Use.--Any use of the Tribal Water Rights shall be
subject to the terms and conditions of the Agreement and this
title.
(d) Allotment Rights Not Included.--The Tribal Water Rights
do not include any water rights for an Allotment.
(e) Allottees Not Adversely Affected.--Nothing in this
title quantifies or diminishes any water right, or any claim
or entitlement to water, of an Allottee.
(f) Accounting for Allotment Uses.--Any use of water on an
Allotment shall be accounted for out of the Tribal Water
Rights recognized in the Agreement, including recognition
of--
(1) any water use existing on an Allotment as of the date
of enactment of this Act;
(2) reasonable domestic, stock, and irrigation water uses
put into use on an Allotment; and
(3) any water right decreed to the United States in trust
for an Allottee in the Adjudication for use on an Allotment.
(g) Allottee Water Rights.--The Tribe shall not object in
the Adjudication to the quantification of reasonable
domestic, stock, and irrigation water uses on an Allotment,
and shall administer any water use on Zuni Lands in
accordance with applicable Federal law, including recognition
of--
(1) any water use existing on an Allotment as of the date
of enactment of this Act;
(2) reasonable domestic, stock, and irrigation water uses
on an Allotment; and
(3) any water right decreed to the United States in trust
for an Allottee in the Adjudication.
(h) Authority of the Tribe.--
(1) In general.--The Tribe shall have the authority to
allocate, distribute, and lease
[[Page S4596]]
the Tribal Water Rights for use on Zuni Lands in accordance
with the Agreement, this title, and applicable Federal law,
including the first section of the Act of August 9, 1955 (69
Stat. 539, chapter 615; 25 U.S.C. 415) (commonly known as the
``Long-Term Leasing Act'').
(2) Use off zuni lands.--
(A) In general.--The Tribe may allocate, distribute, and
lease the Tribal Water Rights for use off Zuni Lands in
accordance with the Agreement, this title, and applicable
Federal law, subject to the approval of the Secretary.
(B) Maximum term.--The maximum term of any lease, including
all renewals, under this paragraph shall not exceed 99 years.
(i) Administration.--
(1) No alienation.--The Tribe shall not permanently
alienate any portion of the Tribal Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action required by
Federal law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal Water Rights by any water user shall
not result in the forfeiture, abandonment, relinquishment, or
other loss of all or any portion of the Tribal Water Rights.
SEC. 5105. SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust
fund, to be known as the ``Zuni Tribe 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 amounts deposited in the Trust Fund under subsection (c),
together with any investment earnings, including interest,
earned on those amounts, for the purpose of carrying out this
title.
(b) Trust Fund Accounts.--The Secretary shall establish in
the Trust Fund the following accounts:
(1) The Zuni Tribe Water Rights Settlement Trust Account.
(2) The Zuni Tribe Operation, Maintenance, & Replacement
Trust Account.
(c) Deposits.--The Secretary shall deposit in the Trust
Fund the amounts made available under section 5106(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Trust Fund under subsection (c), the Secretary shall manage,
invest, and distribute all amounts in the Trust Fund in a
manner that is consistent with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the amounts
deposited under subsection (c), any investment earnings,
including interest, earned on those amounts, held in the
Trust Fund are authorized to be used in accordance with
subsections (f) and (h).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, including
interest, earned on those amounts, shall be made available to
the Tribe by the Secretary beginning on the Enforceability
Date, subject to the requirements of this section, except for
funds to be made available to the Tribe pursuant to paragraph
(2).
(2) Use of funds.--Notwithstanding paragraph (1),
$50,000,000 of the amounts deposited in the Trust Fund,
including any investment earnings, including interest, earned
on those amounts, shall be available to the Tribe for the
following uses on the date on which the amounts are deposited
in the Trust Fund:
(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 groundwater wells on Zuni Lands to meet
immediate domestic, commercial, municipal, industrial,
livestock, or supplemental irrigation water needs.
(F) Urgent repairs to irrigation infrastructure.
(G) Acquiring land and water rights or water supply.
(H) Developing water measurement and reporting water use
plans.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--The Tribe may withdraw any portion of the
amounts in the Trust Fund on approval by the Secretary of a
Tribal management plan submitted by the Tribe in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
this paragraph shall require that the Tribe 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 title.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce the Tribal management plan under this
paragraph and to ensure that amounts withdrawn by the Tribe
from the Trust Fund under subparagraph (A) are used in
accordance with this title.
(2) Withdrawals under expenditure plan.--
(A) In general.--The Tribe may submit to the Secretary a
request to withdraw amounts from the Trust Fund pursuant to
an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw amounts under
an expenditure plan under subparagraph (A), the Tribe shall
submit to the Secretary an expenditure plan for any portion
of the Trust Fund the Tribe elects to withdraw pursuant to
that subparagraph, subject to the condition that the amounts
shall be used for the purposes described in this title.
(C) Inclusions.--An expenditure plan submitted under
subparagraph (A) shall include a description of the manner
and purpose for which the amounts proposed to be withdrawn
from the Trust Fund will be used by the Tribe, in accordance
with this subsection and subsection (h).
(D) Approval.--The Secretary shall approve an expenditure
plan submitted under subparagraph (A) if the Secretary
determines that the expenditure 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--
(i) to enforce an expenditure plan; and
(ii) to ensure that amounts withdrawn under this paragraph
are used in accordance with this title.
(g) Effect of Section.--Nothing in this section entitles
the Tribe the right to judicial review of a determination of
the Secretary relating to whether to approve the Tribal
management plan under paragraph (1) of subsection (f) 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'').
(h) Uses.--
(1) Zuni tribe water rights settlement trust account.--The
Zuni Tribe Water Rights Settlement Trust Account established
under subsection (b)(1) may only be used for the following
purposes:
(A) 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.
(B) 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.
(C) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, monitoring, or other measures for watershed and
endangered species habitat protection and enhancement, land
and water rights acquisition, water-related Tribal community
welfare and economic development, and costs relating to the
implementation of the Agreement.
(D) Ensuring environmental compliance in the development
and construction of projects under this title.
(E) Tribal water rights management and administration.
(2) Zuni tribe operation, maintenance, & replacement trust
account.--The Zuni Tribe Operation, Maintenance, &
Replacement Trust Account established under subsection (b)(2)
may only be used to pay costs for operation, maintenance, and
replacement of water infrastructure to serve Tribal domestic,
commercial, municipal, industrial, irrigation, and livestock
water uses from any water source.
(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 Trust Fund by
the Tribe under the Tribal management plan or an expenditure
plan under paragraph (1) or (2) of subsection (f),
respectively.
(j) Expenditure Reports.--The Tribe shall annually submit
to the Secretary an expenditure report describing amounts
spent from, and accomplishment from the use of, withdrawals
under the Tribal management plan or an expenditure plan under
paragraph (1) or (2) of subsection (f), respectively.
(k) No Per Capita Distributions.--No portion of the Trust
Fund shall be distributed on a per capita basis to any member
of the Tribe.
(l) Title to Infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
Trust Fund shall remain in the Tribe.
(m) Operation, Maintenance, and Replacement.--All
operation, maintenance, and replacement costs of any project
constructed using funds from the Trust Fund shall be the
responsibility of the Tribe.
[[Page S4597]]
SEC. 5106. FUNDING.
(a) Mandatory Appropriations.--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 Zuni Tribe Water Rights Settlement
Trust Account established under section 5105(b)(1),
$655,500,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury; and
(2) for deposit in the Zuni Tribe Operation, Maintenance, &
Replacement Trust Account established under section
5105(b)(2), $29,500,000, to remain available until expended,
withdrawn, or reverted to the general fund of the Treasury.
(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.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has
been appropriated.
(4) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall
start on January 1, 2022, and end on the date on which the
funds are deposited in the Trust Fund.
(c) State Cost-share.--Pursuant to the Agreement, the State
shall contribute--
(1) $750,000, for development and execution of monitoring
plans pursuant to the Agreement; and
(2) $500,000, to be deposited in an interest-bearing
account, to mitigate impairment to non-Indian domestic and
livestock groundwater rights as a result of new Tribal water
use.
SEC. 5107. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Zuni Tribe and United
States as Trustee for Zuni Tribe.--Subject to the reservation
of rights and retention of claims under subsection (d), as
consideration for recognition of the Tribal Water Rights and
other benefits described in the Agreement and this title, the
Tribe and the United States, acting as trustee for the Tribe,
shall execute a waiver and release of all claims for--
(1) water rights within the Zuni River Stream System that
the Tribe, or the United States acting as trustee for the
Tribe, 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, diversion, or taking
of water rights) in the Zuni River Stream System against any
party to the Agreement that accrued at any time up to and
including the Enforceability Date.
(b) Waivers and Releases of Claims by Zuni Tribe Against
United States.--Subject to the reservation of rights and
retention of claims under subsection (d), the Tribe 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 Zuni River Stream System
first arising before the Enforceability Date relating to--
(1) water rights within the Zuni River Stream System that
the United States, acting as trustee for the Tribe, asserted
or could have asserted in any proceeding, including the
Adjudication, except to the extent that such rights are
recognized as part of the Tribal Water Rights under this
title;
(2) foregone benefits from non-Indian use of water, on and
off Zuni Lands (including water from all sources and for all
uses), within the Zuni River 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 Zuni River Stream System;
(4) a failure to establish or provide a municipal, rural,
or industrial water delivery system on Zuni Lands within the
Zuni River 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 Zuni Lands or Federal
land (including damages, losses, or injuries to fish habitat,
wildlife, and wildlife habitat) within the Zuni River Stream
System;
(6) a failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Zuni River Stream System;
(7) a failure to provide a dam safety improvement to a dam
on Zuni Lands within the Zuni River Stream System;
(8) the litigation of claims relating to any water right of
the Tribe within the Zuni River Stream System; and
(9) the negotiation, execution, or adoption of the
Agreement and this title.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the
Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsections
(a) and (b), the Tribe and the United States, acting as
trustee for the Tribe, 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 into 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
title or the Agreement; and
(6) loss of water or water rights in locations outside of
the Zuni River Stream System.
(e) Effect of Agreement and Title.--Nothing in the
Agreement or this title--
(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, including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(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.);
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
and
(E) any regulations implementing the Acts described in
subparagraphs (A) though (D);
(3) affects the ability of the United States to act as
trustee for the Tribe (consistent with this title), any other
Indian Tribe or Pueblo, or an allottee of any Indian Tribe or
Pueblo;
(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 Tribal law; or
(5) waives any claim of a member of the Tribe in an
individual capacity that does not derive from a right of the
Tribe.
(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.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based
equitable defense under any other applicable law.
(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 5109 by not later than--
(A) July 1, 2030; or
(B) such alternative later date as is agreed to by the
Tribe and the Secretary, after providing reasonable notice to
the State.
(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 5103 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 any
property acquired or constructed with Federal funds
appropriated or
[[Page S4598]]
made available to carry out the activities authorized by this
title shall be returned to the Federal Government, unless
otherwise agreed to by the Tribe and the United States and
approved by Congress; and
(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 Tribe; or
(bb) any user of the Tribal Water Rights; or
(II) any other matter described in subsection (b); or
(ii) in any future settlement of water rights of the Tribe.
SEC. 5108. SATISFACTION OF CLAIMS.
The benefits provided under this title shall be in complete
replacement of, complete substitution for, and full
satisfaction of any claim of the Tribe against the United
States that is waived and released by the Tribe pursuant to
section 5107(b).
SEC. 5109. ENFORCEABILITY DATE.
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 subsections (a)
and (b) of section 5106 have been appropriated and deposited
in the Zuni Tribe Water Rights Settlement Trust Account
established under section 5105(b)(1) or the Zuni Tribe
Operation, Maintenance, & Replacement Trust Account
established under section 5105(b)(2), as applicable;
(5) the State has--
(A) provided the funding under section 5106(c); and
(B) enacted legislation to amend State law to provide that
the Tribal Water Rights may be leased for a term of not to
exceed 99 years, including renewals; and
(6) the waivers and releases under section 5107 have been
executed by the Tribe and the Secretary.
SEC. 5110. MISCELLANEOUS PROVISIONS.
(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, Pueblo, or community other than the Tribe.
(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.
SEC. 5111. RELATION TO ALLOTTEES.
(a) No Effect on Claims of Allottees.--Nothing in this
division or the Agreement affects the rights or claims of
Allottees, or the United States, acting in its capacity as
trustee for or on behalf of Allottees, for water rights or
damages relating to land allotted by the United States to
Allottees.
(b) Relationship of Decree to Allottees.--
(1) Separate adjudication.--Regardless of whether an
Allotment is patented pursuant to section 1 of the Act of
February 8, 1887 (commonly known as the ``Indian General
Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331)
(as in effect on the day before the date of enactment of the
Indian Land Consolidation Act Amendments of 2000 (Public Law
106-462; 114 Stat. 1991)), or section 4 of that Act (24 Stat.
389, chapter 119; 25 U.S.C. 334), as determined by the
Secretary, when adjudicated--
(A) water rights for Allotments shall be separate from the
Tribal Water Rights; and
(B) no water rights for Allotments shall be included in the
Partial Final Judgment and Decree.
(2) Allotment water rights.--Allotment water rights
adjudicated separately pursuant to paragraph (1) shall not be
subject to the restrictions or conditions that apply to the
use of the Tribal Water Rights, subject to the condition that
if an Allotment governed by the Act of February 8, 1887
(commonly known as the ``Indian General Allotment Act'') (24
Stat. 388, chapter 119; 25 U.S.C. 331 et seq.), becomes Zuni
Lands, the water rights associated with that Allotment shall
be subject to the restrictions and conditions on the Tribal
Water Rights set forth in this division and the Agreement.
(3) Allottee water rights to be adjudicated.--Allottees, or
the United States, acting in its capacity as trustee for
Allottees, may make water rights claims, and such claims may
be adjudicated in the Zuni River Stream System.
SEC. 5112. ANTIDEFICIENCY.
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.
TITLE LII--ZUNI SALT LAKE AND SANCTUARY PROTECTION
SEC. 5201. DEFINITIONS.
In this title:
(1) Casual collecting.--The term ``casual collecting'' has
the meaning given the term in section 6301 of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 470aaa).
(2) Federal land.--The term ``Federal land'' means--
(A) any Federal land or interest in Federal land that is
within the boundary of the Zuni Salt Lake and Sanctuary; and
(B) any land or interest in land located within the
boundary of the Zuni Salt Lake and Sanctuary that is acquired
by the Federal Government after the date of enactment of this
Act.
(3) Map.--The term ``Map'' means the map entitled
``Legislative Map for Zuni Tribe Water Settlement'' and dated
June 17, 2024.
(4) Zuni salt lake and sanctuary.--The term ``Zuni Salt
Lake and Sanctuary'' means the approximately 217,037 acres
located in the State comprised of a mixture of private,
Tribal trust, State, and Bureau of Land Management-managed
lands, as depicted on the Map, protected by New Mexico Office
of the State Engineer Order No. 199 (July 5, 2023) due to the
historical and cultural significance of those lands.
SEC. 5202. WITHDRAWAL OF CERTAIN FEDERAL LAND IN NEW MEXICO.
(a) Withdrawal of Federal Land.--Subject to valid existing
rights and section 5204(a)(3), effective on the date of
enactment of this Act, the Federal land described in section
5201(2)(A), comprising approximately 92,364 acres, is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(b) Withdrawal of Land Acquired.--Subject to valid existing
rights and section 5204(a)(3), effective on the date on which
the land described in section 5201(2)(B) is acquired by the
Federal Government, that Federal land is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(c) Reservation.--The Federal land withdrawn under this
section is reserved for--
(1) the protection of the Zuni Salt Lake and Sanctuary;
(2) the quality and quantity of water resources that supply
the Zuni Salt Lake; and
(3) any cultural resources or values within or associated
with the Zuni Salt Lake and Sanctuary.
SEC. 5203. MANAGEMENT OF FEDERAL LAND.
(a) In General.--In addition to the requirements of section
5202, the Secretary, acting through the Director of the
Bureau of Land Management, shall manage the Federal land
withdrawn under that section in accordance with the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), in consultation with the Tribe, to protect the Zuni
Salt Lake and Sanctuary, the quality and quantity of water
resources that supply the Zuni Salt Lake, and any cultural
resources or values within or associated with the Zuni Salt
Lake and Sanctuary.
(b) Specific Restrictions.--The following restrictions
shall apply to the Federal land described in subsection (a):
(1) Except where needed for administrative or emergency
purposes, motor vehicle use shall be limited to designated
routes, which shall not impact the values of the Zuni Salt
Lake and Sanctuary.
(2) No water wells or extension or expansion of any
existing water wells may be authorized after the date of
enactment of this Act, except that replacement water wells
may be authorized in the event of failure of an existing
water well.
(3) No increase in existing permitted grazing use may be
authorized.
(4) No new rights-of-way or leases may be issued, except
for geophysical, geologic, or hydrologic operations limited
to research or monitoring to understand and protect the Zuni
Salt Lake or for regional scientific study.
(5) No sale or free use of timber may be authorized.
(6) Casual collecting shall not be authorized.
SEC. 5204. TRANSFER OF LAND INTO TRUST.
(a) Federal Land Transfers.--
(1) In general.--On the Enforceability Date, and subject to
valid existing rights and the requirements of this section,
the Secretary shall take into trust for the benefit of the
Tribe all right, title, and interest of the United States in
and to the land described as ``Tribal Acquisition Area'' on
the Map.
(2) Terms and conditions.--
(A) Existing authorizations.--
(i) In general.--Land taken into trust under this
subsection shall be subject to valid existing rights,
contracts, leases, permits, and rights-of-way, unless the
holder of
[[Page S4599]]
the right, contract, lease, permit, or right-of-way requests
an earlier termination in accordance with existing law.
(ii) Assumption by bureau of indian affairs.--The Bureau of
Indian Affairs shall--
(I) assume all benefits and obligations of the previous
land management agency under the existing rights, contracts,
leases, permits, and rights-of-way described in clause (i);
and
(II) disburse to the Tribe any amounts that accrue to the
United States from those rights, contracts, leases, permits,
and rights-of-way after the date on which the land is taken
into trust from any sale, bonus, royalty, or rental relating
to that land in the same manner as amounts received from
other land held by the Secretary in trust for the Tribe.
(B) Personal property.--
(i) In general.--Any improvements constituting personal
property (as defined by State law) belonging to the holder of
a right, contract, lease, permit, or right-of-way on land
taken into trust under this subsection shall--
(I) remain the property of the holder; and
(II) be removed from the land not later than 90 days after
the date on which the right, contract, lease, permit, or
right-of-way expires, unless the Tribe and the holder agree
otherwise.
(ii) Remaining property.--Any personal property described
in clause (i) remaining beyond the 90-day period described in
subclause (II) of that clause shall--
(I) become the property of the Tribe; and
(II) be subject to removal and disposition at the
discretion of the Tribe.
(iii) Liability of previous holder.--The holder of personal
property described in clause (i) shall be liable to the Tribe
for costs incurred by the Tribe in removing and disposing of
the property under clause (ii)(II).
(3) Termination of withdrawal of federal land.--The
withdrawal of Federal land pursuant to section 5202 shall
terminate, as to the land described in paragraph (1), on the
date on which the land is taken into trust under that
paragraph.
(4) Status of water rights on transferred land.--Any water
rights associated with land taken into trust under paragraph
(1)--
(A) shall be held in trust for the Tribe; but
(B) shall not be included in the Tribal Water Rights.
(b) Future Trust Land.--On acquisition by the Tribe of any
land depicted as ``Potential Future Acquisition Areas'' on
the Map, the Secretary shall take legal title in and to that
land into trust for the benefit of the Tribe, subject to the
conditions that--
(1) the land shall be free from any liens, encumbrances, or
other infirmities; and
(2) no evidence exists of any hazardous substances on, or
other environmental liability with respect to, the land.
SEC. 5205. MAPS AND LEGAL DESCRIPTIONS.
(a) Preparation of Maps and Legal Descriptions.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall--
(1) prepare maps depicting--
(A) the land withdrawn under section 5202; and
(B) the land taken into trust under section 5204; and
(2) publish in the Federal Register a notice containing the
legal descriptions of land described in subparagraphs (A) and
(B) of paragraph (1).
(b) Legal Effect.--Maps and legal descriptions prepared and
published under subsection (a) shall have the same force and
effect as if the maps and legal descriptions were included in
this title, except that the Secretary may correct any
clerical and typographical errors in such maps and legal
descriptions.
(c) Availability.--Copies of maps and legal descriptions
prepared and published under subsection (a) shall be
available for public inspection in the appropriate offices of
the Bureau of Land Management.
______