[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4643 Reported in Senate (RS)]
<DOC>
Calendar No. 664
118th CONGRESS
2d Session
S. 4643
[Report No. 118-262]
To approve the settlement of water rights claims of the Zuni Indian
Tribe in the Zuni River Stream System in the State of New Mexico, to
protect the Zuni Salt Lake, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2024
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
December 4, 2024
Reported by Mr. Schatz, without amendment
_______________________________________________________________________
A BILL
To approve the settlement of water rights claims of the Zuni Indian
Tribe in the Zuni River Stream System in the State of New Mexico, to
protect the Zuni Salt Lake, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Zuni Indian Tribe
Water Rights Settlement Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Ratification of Agreement.
Sec. 104. Tribal Water Rights.
Sec. 105. Settlement Trust Fund.
Sec. 106. Funding.
Sec. 107. Waivers and releases of claims.
Sec. 108. Satisfaction of claims.
Sec. 109. Enforceability date.
Sec. 110. Miscellaneous provisions.
Sec. 111. Relation to Allottees.
Sec. 112. Antideficiency.
TITLE II--ZUNI SALT LAKE AND SANCTUARY PROTECTION
Sec. 201. Definitions.
Sec. 202. Withdrawal of certain Federal land in New Mexico.
Sec. 203. Management of Federal land.
Sec. 204. Transfer of land into trust.
Sec. 205. Maps and legal descriptions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Enforceability date.--The term ``Enforceability Date''
means the date described in section 109.
(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 102)--
(i) as identified in the Agreement and
section 104; and
(ii) as confirmed in the Partial Final
Judgment and Decree (as defined in section
102).
(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 102) 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) 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 I--ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT
SEC. 101. 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. 102. 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 105(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. 103. 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. 104. 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 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. 105. 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 106(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.
SEC. 106. 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 105(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 105(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. 107. 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 109 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 103 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 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. 108. 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 107(b).
SEC. 109. 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 106 have been appropriated and deposited in
the Zuni Tribe Water Rights Settlement Trust Account
established under section 105(b)(1) or the Zuni Tribe
Operation, Maintenance, & Replacement Trust Account established
under section 105(b)(2), as applicable;
(5) the State has--
(A) provided the funding under section 106(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 107 have been
executed by the Tribe and the Secretary.
SEC. 110. 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. 111. RELATION TO ALLOTTEES.
(a) No Effect on Claims of Allottees.--Nothing in this Act 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 Act 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. 112. 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 II--ZUNI SALT LAKE AND SANCTUARY PROTECTION
SEC. 201. 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. 202. WITHDRAWAL OF CERTAIN FEDERAL LAND IN NEW MEXICO.
(a) Withdrawal of Federal Land.--Subject to valid existing rights
and section 204(a)(3), effective on the date of enactment of this Act,
the Federal land described in section 201(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 204(a)(3), effective on the date on which the land
described in section 201(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. 203. MANAGEMENT OF FEDERAL LAND.
(a) In General.--In addition to the requirements of section 202,
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. 204. 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 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 202 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. 205. 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 202; and
(B) the land taken into trust under section 204;
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.
Calendar No. 664
118th CONGRESS
2d Session
S. 4643
[Report No. 118-262]
_______________________________________________________________________
A BILL
To approve the settlement of water rights claims of the Zuni Indian
Tribe in the Zuni River Stream System in the State of New Mexico, to
protect the Zuni Salt Lake, and for other purposes.
_______________________________________________________________________
December 4, 2024
Reported without amendment