[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.
                                 ______