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[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
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