II 

118TH CONGRESS 

2D SESSION S. 4643 

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. LUJA ́N) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Zuni Indian Tribe Water Rights Settlement Act of 

6 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ENFORCEABILITY DATE.—The term ‘‘En4 forceability Date’’ means the date described in sec5 tion 109. 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (3) STATE.—The term ‘‘State’’ means the State 

9 of New Mexico. 

10 (4) TRIBAL WATER RIGHTS.— 

11 (A) IN GENERAL.—The term ‘‘Tribal 

12 Water Rights’’ means the water rights of the 

13 Tribe in the Zuni River Stream System (as de14 fined in section 102)— 


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1 (i) as identified in the Agreement and 

2 section 104; and 

3 (ii) as confirmed in the Partial Final 

4 Judgment and Decree (as defined in sec5 tion 102). 

6 (B) EXCLUSIONS.—The term ‘‘Tribal 

7 Water Rights’’ does not include— 

8 (i) any interest that the Tribe may 

9 have in an Allotment (as defined in section 

10 102) that is determined by the Secretary 

11 to be patented pursuant to section 1 of the 

12 Act of February 8, 1887 (commonly known 

13 as the ‘‘Indian General Allotment Act’’) 

14 (24 Stat. 388, chapter 119; 25 U.S.C. 

15 331) (as in effect on the day before the 

16 date of enactment of the Indian Land Con17 solidation Act Amendments of 2000 (Pub18 lic Law 106–462; 114 Stat. 1991)); or 

19 (ii) any undivided interest that the 

20 Tribe may have in an Allotment (as so de21 fined) that is determined by the Secretary 

22 to be patented pursuant to an authority 

23 other than section 1 of the Act of Feb24 ruary 8, 1887 (commonly known as the 

25 ‘‘Indian General Allotment Act’’) (24 Stat. 


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1 388, chapter 119; 25 U.S.C. 331) (as in 

2 effect on the day before the date of enact3 ment of the Indian Land Consolidation Act 

4 Amendments of 2000 (Public Law 106– 

5 462; 114 Stat. 1991)). 

6 (5) TRIBE.—The term ‘‘Tribe’’ means the Zuni 

7 Tribe of the Zuni Reservation, a federally recognized 

8 Indian Tribe. 

9 TITLE I—ZUNI INDIAN TRIBE 

10 WATER RIGHTS SETTLEMENT 

11 SEC. 101. PURPOSES. 

12 The purposes of this title are— 

13 (1) to achieve a fair, equitable, and final settle14 ment of all claims to water rights in the Zuni River 

15 Stream System in the State for— 

16 (A) the Tribe; and 

17 (B) the United States, acting as trustee 

18 for the Tribe; 

19 (2) to authorize, ratify, and confirm the Agree20 ment entered into by the Tribe, the State, and var21 ious other parties to the extent that the Agreement 

22 is consistent with this title; 

23 (3) to authorize and direct the Secretary— 

24 (A) to execute the Agreement; and 


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1 (B) to take any other actions necessary to 

2 carry out the Agreement in accordance with 

3 this title; and 

4 (4) to authorize funds necessary for the imple5 mentation of the Agreement and this title. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

8 (1) ADJUDICATION.—The term ‘‘Adjudication’’ 

9 means the general adjudication of water rights enti10 tled ‘‘United States v. A&R Production, et al.’’, Civil 

11 No. 01–CV–00072, including the subproceeding Civil 

12 No. 07–CV–00681, pending as of the date of enact13 ment of this Act in the United States District Court 

14 for the District of New Mexico. 

15 (2) AGREEMENT.—The term ‘‘Agreement’’ 

16 means— 

17 (A) the document entitled ‘‘Settlement 

18 Agreement to Quantify and Protect the Water 

19 Rights of the Zuni Indian Tribe in the Zuni 

20 River Basin in New Mexico and to Protect the 

21 Zuni Salt Lake’’ and dated May 1, 2023, and 

22 the attachments thereto; and 

23 (B) any amendment to the document re24 ferred to in subparagraph (A) (including an 

25 amendment to an attachment thereto) that is 


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1 executed to ensure that the Agreement is con2 sistent with this title. 

3 (3) ALLOTMENT.—The term ‘‘Allotment’’ 

4 means— 

5 (A) any of the 9 parcels on Zuni Lands 

6 that are held in trust by the United States for 

7 individual Indians, or an Indian Tribe holding 

8 an undivided fractional beneficial interest, 

9 under the patents numbered 202394, 224251, 

10 224252, 224667, 234753, 236955, 254124, 

11 254125, and 254126; and 

12 (B) any of the 6 parcels in the State off 

13 Zuni Lands that are held in trust by the United 

14 States for individual Indians, or an Indian 

15 Tribe holding an undivided fractional beneficial 

16 interest, under the patents numbered 211719, 

17 246362, 246363, 246364, 246365, and 

18 247321. 

19 (4) ALLOTTEE.—The term ‘‘Allottee’’ means— 

20 (A) an individual Indian holding a bene21 ficial interest in an Allotment; or 

22 (B) an Indian Tribe holding an undivided 

23 fractional beneficial interest in an Allotment. 

24 (5) PARTIAL FINAL JUDGMENT AND DECREE.— 

25 The term ‘‘Partial Final Judgment and Decree’’ 


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1 means a final or interlocutory partial final judgment 

2 and decree entered by the United States District 

3 Court for the District of New Mexico with respect 

4 to the water rights of the Tribe— 

5 (A) that is substantially in the form de6 scribed in the Agreement, as amended to ensure 

7 consistency with this title; and 

8 (B) from which no further appeal may be 

9 taken. 

10 (6) TRUST FUND.—The term ‘‘Trust Fund’’ 

11 means the Zuni Tribe Settlement Trust Fund estab12 lished under section 105(a). 

13 (7) ZUNI LANDS.—The term ‘‘Zuni Lands’’ 

14 means land within the State that is held in trust by 

15 the United States for the Tribe, or owned by the 

16 Tribe, at the time of filing of a Motion for Entry of 

17 the Partial Final Judgment and Decree, including 

18 the land withdrawn from sale and set apart as a res19 ervation or in trust for the use and occupancy of the 

20 Tribe by— 

21 (A) Executive Order of March 16, 1877 

22 (relating to Zuni Pueblo reserve), as amended 

23 by Executive Order of May 1, 1883 (relating to 

24 Zuni Reserve); 


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1 (B) Presidential Proclamation 1412, dated 

2 November 30, 1917; 

3 (C) the Act of June 20, 1935 (49 Stat. 

4 393, chapter 282); 

5 (D) the Act of August 13, 1949 (63 Stat. 

6 604, chapter 425); and 

7 (E) the Warranty Deed recorded on July 

8 16, 1997, in Book 6, Page 5885 of the Cibola 

9 County Records. 

10 (8) ZUNI RIVER STREAM SYSTEM.—The term 

11 ‘‘Zuni River Stream System’’ means the Zuni River 

12 surface water drainage basin identified in the order 

13 of the United States District Court for the District 

14 of New Mexico in the Adjudication entitled ‘‘Order 

15 on Special Master’s Report re: Geographic Scope of 

16 Adjudication, Docket 200’’ and dated May 21, 2003. 

17 SEC. 103. RATIFICATION OF AGREEMENT. 

18 (a) RATIFICATION.— 

19 (1) IN GENERAL.—Except as modified by this 

20 title, and to the extent that the Agreement does not 

21 conflict with this title, the Agreement is authorized, 

22 ratified, and confirmed. 

23 (2) AMENDMENTS.—If an amendment to the 

24 Agreement, or to any attachment to the Agreement 

25 requiring the signature of the Secretary, is executed 


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1 in accordance with this title to make the Agreement 

2 consistent with this title, the amendment is author3 ized, ratified, and confirmed. 

4 (b) EXECUTION.— 

5 (1) IN GENERAL.—To the extent the Agreement 

6 does not conflict with this title, the Secretary shall 

7 execute the Agreement, including all attachments to 

8 or parts of the Agreement, requiring the signature 

9 of the Secretary. 

10 (2) MODIFICATIONS.—Nothing in this title pro11 hibits the Secretary, after execution of the Agree12 ment, from approving any modification to the Agree13 ment, including an attachment to the Agreement, 

14 that is consistent with this title, to the extent that 

15 the modification does not otherwise require congres16 sional approval under section 2116 of the Revised 

17 Statutes (25 U.S.C. 177) or any other applicable 

18 Federal law. 

19 (c) ENVIRONMENTAL COMPLIANCE.— 

20 (1) IN GENERAL.—In implementing the Agree21 ment and this title, the Secretary shall comply 

22 with— 

23 (A) the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.); 


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1 (B) the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.), including the 

3 implementing regulations of that Act; and 

4 (C) all other applicable Federal environ5 mental laws and regulations. 

6 (2) COMPLIANCE.— 

7 (A) IN GENERAL.—In implementing the 

8 Agreement and this title, the Tribe shall pre9 pare any necessary environmental documents, 

10 consistent with— 

11 (i) the Endangered Species Act of 

12 1973 (16 U.S.C. 1531 et seq.); 

13 (ii) the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.), in15 cluding the implementing regulations of 

16 that Act; and 

17 (iii) all other applicable Federal envi18 ronmental laws and regulations. 

19 (B) AUTHORIZATIONS.—The Secretary 

20 shall— 

21 (i) independently evaluate the docu22 mentation required under subparagraph 

23 (A); and 

24 (ii) be responsible for the accuracy, 

25 scope, and contents of that documentation. 


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1 (3) EFFECT OF EXECUTION.—The execution of 

2 the Agreement by the Secretary under this section 

3 shall not constitute a major Federal action under 

4 the National Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.). 

6 (4) COSTS.—Any costs associated with the per7 formance of the compliance activities under this sub8 section shall be paid from funds deposited in the 

9 Trust Fund, subject to the condition that any costs 

10 associated with the performance of Federal approval 

11 or other review of such compliance work or costs as12 sociated with inherently Federal functions shall re13 main the responsibility of the Secretary. 

14 SEC. 104. TRIBAL WATER RIGHTS. 

15 (a) TRUST STATUS OF THE TRIBAL WATER

16 RIGHTS.—The Tribal Water Rights shall be held in trust 

17 by the United States on behalf of the Tribe, in accordance 

18 with the Agreement and this title. 

19 (b) FORFEITURE AND ABANDONMENT.— 

20 (1) IN GENERAL.—The Tribal Water Rights 

21 shall not be subject to loss through non-use, for22 feiture, abandonment, or other operation of law. 

23 (2) STATE-LAW BASED WATER RIGHTS.—State24 law based water rights acquired by the Tribe, or by 

25 the United States on behalf of the Tribe, after the 


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1 date for inclusion in the Partial Final Judgment and 

2 Decree shall not be subject to forfeiture, abandon3 ment, or permanent alienation from the time those 

4 water rights are acquired. 

5 (c) USE.—Any use of the Tribal Water Rights shall 

6 be subject to the terms and conditions of the Agreement 

7 and this title. 

8 (d) ALLOTMENT RIGHTS NOT INCLUDED.—The 

9 Tribal Water Rights do not include any water rights for 

10 an Allotment. 

11 (e) ALLOTTEES NOT ADVERSELY AFFECTED.— 

12 Nothing in this title quantifies or diminishes any water 

13 right, or any claim or entitlement to water, of an Allottee. 

14 (f) ACCOUNTING FOR ALLOTMENT USES.—Any use 

15 of water on an Allotment shall be accounted for out of 

16 the Tribal Water Rights recognized in the Agreement, in17 cluding recognition of— 

18 (1) any water use existing on an Allotment as 

19 of the date of enactment of this Act; 

20 (2) reasonable domestic, stock, and irrigation 

21 water uses put into use on an Allotment; and 

22 (3) any water right decreed to the United 

23 States in trust for an Allottee in the Adjudication 

24 for use on an Allotment. 


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1 (g) ALLOTTEE WATER RIGHTS.—The Tribe shall not 

2 object in the Adjudication to the quantification of reason3 able domestic, stock, and irrigation water uses on an Allot4 ment, and shall administer any water use on Zuni Lands 

5 in accordance with applicable Federal law, including rec6 ognition of— 

7 (1) any water use existing on an Allotment as 

8 of the date of enactment of this Act; 

9 (2) reasonable domestic, stock, and irrigation 

10 water uses on an Allotment; and 

11 (3) any water right decreed to the United 

12 States in trust for an Allottee in the Adjudication. 

13 (h) AUTHORITY OF THE TRIBE.— 

14 (1) IN GENERAL.—The Tribe shall have the au15 thority to allocate, distribute, and lease the Tribal 

16 Water Rights for use on Zuni Lands in accordance 

17 with the Agreement, this title, and applicable Fed18 eral law, including the first section of the Act of Au19 gust 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 

20 415) (commonly known as the ‘‘Long-Term Leasing 

21 Act’’). 

22 (2) USE OFF ZUNI LANDS.— 

23 (A) IN GENERAL.—The Tribe may allo24 cate, distribute, and lease the Tribal Water 

25 Rights for use off Zuni Lands in accordance 


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1 with the Agreement, this title, and applicable 

2 Federal law, subject to the approval of the Sec3 retary. 

4 (B) MAXIMUM TERM.—The maximum 

5 term of any lease, including all renewals, under 

6 this paragraph shall not exceed 99 years. 

7 (i) ADMINISTRATION.— 

8 (1) NO ALIENATION.—The Tribe shall not per9 manently alienate any portion of the Tribal Water 

10 Rights. 

11 (2) PURCHASES OR GRANTS OF LAND FROM IN12 DIANS.—An authorization provided by this title for 

13 the allocation, distribution, leasing, or other ar14 rangement entered into pursuant to this title shall 

15 be considered to satisfy any requirement for author16 ization of the action required by Federal law. 

17 (3) PROHIBITION ON FORFEITURE.—The non18 use of all or any portion of the Tribal Water Rights 

19 by any water user shall not result in the forfeiture, 

20 abandonment, relinquishment, or other loss of all or 

21 any portion of the Tribal Water Rights. 

22 SEC. 105. SETTLEMENT TRUST FUND. 

23 (a) ESTABLISHMENT.—The Secretary shall establish 

24 a trust fund, to be known as the ‘‘Zuni Tribe Settlement 

25 Trust Fund’’, to be managed, invested, and distributed by 


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1 the Secretary and to remain available until expended, 

2 withdrawn, or reverted to the general fund of the Treas3 ury, consisting of amounts deposited in the Trust Fund 

4 under subsection (c), together with any investment earn5 ings, including interest, earned on those amounts, for the 

6 purpose of carrying out this title. 

7 (b) TRUST FUND ACCOUNTS.—The Secretary shall 

8 establish in the Trust Fund the following accounts: 

9 (1) The Zuni Tribe Water Rights Settlement 

10 Trust Account. 

11 (2) The Zuni Tribe Operation, Maintenance, & 

12 Replacement Trust Account. 

13 (c) DEPOSITS.—The Secretary shall deposit in the 

14 Trust Fund the amounts made available under section 

15 106(a). 

16 (d) MANAGEMENT AND INTEREST.— 

17 (1) MANAGEMENT.—On receipt and deposit of 

18 funds into the Trust Fund under subsection (c), the 

19 Secretary shall manage, invest, and distribute all 

20 amounts in the Trust Fund in a manner that is con21 sistent with the investment authority of the Sec22 retary under— 

23 (A) the first section of the Act of June 24, 

24 1938 (25 U.S.C. 162a); 


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1 (B) the American Indian Trust Fund Man2 agement Reform Act of 1994 (25 U.S.C. 4001 

3 et seq.); and 

4 (C) this section. 

5 (2) INVESTMENT EARNINGS.—In addition to 

6 the amounts deposited under subsection (c), any in7 vestment earnings, including interest, earned on 

8 those amounts, held in the Trust Fund are author9 ized to be used in accordance with subsections (f) 

10 and (h). 

11 (e) AVAILABILITY OF AMOUNTS.— 

12 (1) IN GENERAL.—Amounts appropriated to, 

13 and deposited in, the Trust Fund, including any in14 vestment earnings, including interest, earned on 

15 those amounts, shall be made available to the Tribe 

16 by the Secretary beginning on the Enforceability 

17 Date, subject to the requirements of this section, ex18 cept for funds to be made available to the Tribe pur19 suant to paragraph (2). 

20 (2) USE OF FUNDS.—Notwithstanding para21 graph (1), $50,000,000 of the amounts deposited in 

22 the Trust Fund, including any investment earnings, 

23 including interest, earned on those amounts, shall be 

24 available to the Tribe for the following uses on the 


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1 date on which the amounts are deposited in the 

2 Trust Fund: 

3 (A) Developing economic water develop4 ment plans. 

5 (B) Preparing environmental compliance 

6 documents. 

7 (C) Preparing water project engineering 

8 designs. 

9 (D) Establishing and operating a water re10 source department. 

11 (E) Installing groundwater wells on Zuni 

12 Lands to meet immediate domestic, commercial, 

13 municipal, industrial, livestock, or supplemental 

14 irrigation water needs. 

15 (F) Urgent repairs to irrigation infrastruc16 ture. 

17 (G) Acquiring land and water rights or 

18 water supply. 

19 (H) Developing water measurement and 

20 reporting water use plans. 

21 (f) WITHDRAWALS.— 

22 (1) WITHDRAWALS UNDER THE AMERICAN IN23 DIAN TRUST FUND MANAGEMENT REFORM ACT OF

24 1994.— 


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1 (A) IN GENERAL.—The Tribe may with2 draw any portion of the amounts in the Trust 

3 Fund on approval by the Secretary of a Tribal 

4 management plan submitted by the Tribe in ac5 cordance with the American Indian Trust Fund 

6 Management Reform Act of 1994 (25 U.S.C. 

7 4001 et seq.). 

8 (B) REQUIREMENTS.—In addition to the 

9 requirements under the American Indian Trust 

10 Fund Management Reform Act of 1994 (25 

11 U.S.C. 4001 et seq.), the Tribal management 

12 plan under this paragraph shall require that the 

13 Tribe shall spend all amounts withdrawn from 

14 the Trust Fund, and any investment earnings, 

15 including interest, earned on those amounts, 

16 through the investments under the Tribal man17 agement plan, in accordance with this title. 

18 (C) ENFORCEMENT.—The Secretary may 

19 carry out such judicial and administrative ac20 tions as the Secretary determines to be nec21 essary to enforce the Tribal management plan 

22 under this paragraph and to ensure that 

23 amounts withdrawn by the Tribe from the 

24 Trust Fund under subparagraph (A) are used 

25 in accordance with this title. 


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1 (2) WITHDRAWALS UNDER EXPENDITURE

2 PLAN.— 

3 (A) IN GENERAL.—The Tribe may submit 

4 to the Secretary a request to withdraw amounts 

5 from the Trust Fund pursuant to an approved 

6 expenditure plan. 

7 (B) REQUIREMENTS.—To be eligible to 

8 withdraw amounts under an expenditure plan 

9 under subparagraph (A), the Tribe shall submit 

10 to the Secretary an expenditure plan for any 

11 portion of the Trust Fund the Tribe elects to 

12 withdraw pursuant to that subparagraph, sub13 ject to the condition that the amounts shall be 

14 used for the purposes described in this title. 

15 (C) INCLUSIONS.—An expenditure plan 

16 submitted under subparagraph (A) shall include 

17 a description of the manner and purpose for 

18 which the amounts proposed to be withdrawn 

19 from the Trust Fund will be used by the Tribe, 

20 in accordance with this subsection and sub21 section (h). 

22 (D) APPROVAL.—The Secretary shall ap23 prove an expenditure plan submitted under sub24 paragraph (A) if the Secretary determines that 

25 the expenditure plan— 


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1 (i) is reasonable; and 

2 (ii) is consistent with, and will be used 

3 for, the purposes of this title. 

4 (E) ENFORCEMENT.—The Secretary may 

5 carry out such judicial and administrative ac6 tions as the Secretary determines to be nec7 essary— 

8 (i) to enforce an expenditure plan; 

9 and 

10 (ii) to ensure that amounts withdrawn 

11 under this paragraph are used in accord12 ance with this title. 

13 (g) EFFECT OF SECTION.—Nothing in this section 

14 entitles the Tribe the right to judicial review of a deter15 mination of the Secretary relating to whether to approve 

16 the Tribal management plan under paragraph (1) of sub17 section (f) or an expenditure plan under paragraph (2) 

18 of that subsection, except under subchapter II of chapter 

19 5, and chapter 7, of title 5, United States Code (commonly 

20 known as the ‘‘Administrative Procedure Act’’). 

21 (h) USES.— 

22 (1) ZUNI TRIBE WATER RIGHTS SETTLEMENT

23 TRUST ACCOUNT.—The Zuni Tribe Water Rights 

24 Settlement Trust Account established under subVerDate Sep 11 2014 01:19 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4643.IS S4643

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1 section (b)(1) may only be used for the following 

2 purposes: 

3 (A) Planning, permitting, designing, engi4 neering, constructing, reconstructing, replacing, 

5 rehabilitating, operating, or repairing water 

6 production, treatment, or delivery infrastruc7 ture, including for domestic and municipal sup8 ply, or wastewater infrastructure. 

9 (B) Planning, permitting, designing, engi10 neering, constructing, reconstructing, replacing, 

11 rehabilitating, operating, or repairing water 

12 production, treatment, or delivery infrastruc13 ture, acquisition of water, or on-farm improve14 ments for irrigation, livestock, and support of 

15 agriculture. 

16 (C) Planning, permitting, designing, engi17 neering, constructing, reconstructing, replacing, 

18 rehabilitating, operating, monitoring, or other 

19 measures for watershed and endangered species 

20 habitat protection and enhancement, land and 

21 water rights acquisition, water-related Tribal 

22 community welfare and economic development, 

23 and costs relating to the implementation of the 

24 Agreement. 


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1 (D) Ensuring environmental compliance in 

2 the development and construction of projects 

3 under this title. 

4 (E) Tribal water rights management and 

5 administration. 

6 (2) ZUNI TRIBE OPERATION, MAINTENANCE, &

7 REPLACEMENT TRUST ACCOUNT.—The Zuni Tribe 

8 Operation, Maintenance, & Replacement Trust Ac9 count established under subsection (b)(2) may only 

10 be used to pay costs for operation, maintenance, and 

11 replacement of water infrastructure to serve Tribal 

12 domestic, commercial, municipal, industrial, irriga13 tion, and livestock water uses from any water 

14 source. 

15 (i) LIABILITY.—The Secretary and the Secretary of 

16 the Treasury shall not be liable for the expenditure or in17 vestment of any amounts withdrawn from the Trust Fund 

18 by the Tribe under the Tribal management plan or an ex19 penditure plan under paragraph (1) or (2) of subsection 

20 (f), respectively. 

21 (j) EXPENDITURE REPORTS.—The Tribe shall annu22 ally submit to the Secretary an expenditure report describ23 ing amounts spent from, and accomplishment from the use 

24 of, withdrawals under the Tribal management plan or an 


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1 expenditure plan under paragraph (1) or (2) of subsection 

2 (f), respectively. 

3 (k) NO PER CAPITA DISTRIBUTIONS.—No portion of 

4 the Trust Fund shall be distributed on a per capita basis 

5 to any member of the Tribe. 

6 (l) TITLE TO INFRASTRUCTURE.—Title to, control 

7 over, and operation of any project constructed using funds 

8 from the Trust Fund shall remain in the Tribe. 

9 (m) OPERATION, MAINTENANCE, AND REPLACE10 MENT.—All operation, maintenance, and replacement 

11 costs of any project constructed using funds from the 

12 Trust Fund shall be the responsibility of the Tribe. 

13 SEC. 106. FUNDING. 

14 (a) MANDATORY APPROPRIATIONS.—Out of any 

15 money in the Treasury not otherwise appropriated, the 

16 Secretary of the Treasury shall transfer to the Sec17 retary— 

18 (1) for deposit in the Zuni Tribe Water Rights 

19 Settlement Trust Account established under section 

20 105(b)(1), $655,500,000, to remain available until 

21 expended, withdrawn, or reverted to the general 

22 fund of the Treasury; and 

23 (2) for deposit in the Zuni Tribe Operation, 

24 Maintenance, & Replacement Trust Account estab25 lished under section 105(b)(2), $29,500,000, to reVerDate Sep 11 2014 01:19 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4643.IS S4643

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1 main available until expended, withdrawn, or re2 verted to the general fund of the Treasury. 

3 (b) FLUCTUATION IN COSTS.— 

4 (1) IN GENERAL.—The amount appropriated 

5 under subsection (a) shall be increased or decreased, 

6 as appropriate, by such amounts as may be justified 

7 by reason of ordinary fluctuations in costs, as indi8 cated by the Bureau of Reclamation Construction 

9 Cost Index–Composite Trend. 

10 (2) CONSTRUCTION COSTS ADJUSTMENT.—The 

11 amount appropriated under subsection (a) shall be 

12 adjusted to address construction cost changes nec13 essary to account for unforeseen market volatility 

14 that may not otherwise be captured by engineering 

15 cost indices, as determined by the Secretary, includ16 ing repricing applicable to the types of construction 

17 and current industry standards involved. 

18 (3) REPETITION.—The adjustment process 

19 under this subsection shall be repeated for each sub20 sequent amount appropriated until the applicable 

21 amount, as adjusted, has been appropriated. 

22 (4) PERIOD OF INDEXING.—The period of in23 dexing adjustment under this subsection for any in24 crement of funding shall start on January 1, 2022, 


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1 and end on the date on which the funds are depos2 ited in the Trust Fund. 

3 (c) STATE COST-SHARE.—Pursuant to the Agree4 ment, the State shall contribute— 

5 (1) $750,000, for development and execution of 

6 monitoring plans pursuant to the Agreement; and 

7 (2) $500,000, to be deposited in an interest8 bearing account, to mitigate impairment to non-In9 dian domestic and livestock groundwater rights as a 

10 result of new Tribal water use. 

11 SEC. 107. WAIVERS AND RELEASES OF CLAIMS. 

12 (a) WAIVERS AND RELEASES OF CLAIMS BY ZUNI

13 TRIBE AND UNITED STATES AS TRUSTEE FOR ZUNI

14 TRIBE.—Subject to the reservation of rights and retention 

15 of claims under subsection (d), as consideration for rec16 ognition of the Tribal Water Rights and other benefits de17 scribed in the Agreement and this title, the Tribe and the 

18 United States, acting as trustee for the Tribe, shall exe19 cute a waiver and release of all claims for— 

20 (1) water rights within the Zuni River Stream 

21 System that the Tribe, or the United States acting 

22 as trustee for the Tribe, asserted or could have as23 serted in any proceeding, including the Adjudication, 

24 on or before the Enforceability Date, except to the 


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1 extent that such rights are recognized in the Agree2 ment and this title; and 

3 (2) damages, losses, or injuries to water rights 

4 or claims of interference with, diversion of, or taking 

5 of water rights (including claims for injury to land 

6 resulting from such damages, losses, injuries, inter7 ference, diversion, or taking of water rights) in the 

8 Zuni River Stream System against any party to the 

9 Agreement that accrued at any time up to and in10 cluding the Enforceability Date. 

11 (b) WAIVERS AND RELEASES OF CLAIMS BY ZUNI

12 TRIBE AGAINST UNITED STATES.—Subject to the res13 ervation of rights and retention of claims under subsection 

14 (d), the Tribe shall execute a waiver and release of all 

15 claims against the United States (including any agency 

16 or employee of the United States) for water rights within 

17 the Zuni River Stream System first arising before the En18 forceability Date relating to— 

19 (1) water rights within the Zuni River Stream 

20 System that the United States, acting as trustee for 

21 the Tribe, asserted or could have asserted in any 

22 proceeding, including the Adjudication, except to the 

23 extent that such rights are recognized as part of the 

24 Tribal Water Rights under this title; 


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1 (2) foregone benefits from non-Indian use of 

2 water, on and off Zuni Lands (including water from 

3 all sources and for all uses), within the Zuni River 

4 Stream System; 

5 (3) damage, loss, or injury to water, water 

6 rights, land, or natural resources due to loss of 

7 water or water rights (including damages, losses, or 

8 injuries to hunting, fishing, gathering, or cultural 

9 rights due to loss of water or water rights, claims 

10 relating to interference with, diversion of, or taking 

11 of water, or claims relating to a failure to protect, 

12 acquire, replace, or develop water, water rights, or 

13 water infrastructure) within the Zuni River Stream 

14 System; 

15 (4) a failure to establish or provide a municipal, 

16 rural, or industrial water delivery system on Zuni 

17 Lands within the Zuni River Stream System; 

18 (5) damage, loss, or injury to water, water 

19 rights, land, or natural resources due to construc20 tion, operation, and management of irrigation 

21 projects on Zuni Lands or Federal land (including 

22 damages, losses, or injuries to fish habitat, wildlife, 

23 and wildlife habitat) within the Zuni River Stream 

24 System; 


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1 (6) a failure to provide for operation, mainte2 nance, or deferred maintenance for any irrigation 

3 system or irrigation project within the Zuni River 

4 Stream System; 

5 (7) a failure to provide a dam safety improve6 ment to a dam on Zuni Lands within the Zuni River 

7 Stream System; 

8 (8) the litigation of claims relating to any water 

9 right of the Tribe within the Zuni River Stream Sys10 tem; and 

11 (9) the negotiation, execution, or adoption of 

12 the Agreement and this title. 

13 (c) EFFECTIVE DATE.—The waivers and releases de14 scribed in subsections (a) and (b) shall take effect on the 

15 Enforceability Date. 

16 (d) RESERVATION OF RIGHTS AND RETENTION OF

17 CLAIMS.—Notwithstanding the waivers and releases under 

18 subsections (a) and (b), the Tribe and the United States, 

19 acting as trustee for the Tribe, shall retain all claims relat20 ing to— 

21 (1) the enforcement of, or claims accruing after 

22 the Enforceability Date relating to, water rights rec23 ognized under the Agreement, this title, or the Par24 tial Final Judgment and Decree entered into in the 

25 Adjudication; 


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1 (2) activities affecting the quality of water, in2 cluding claims under— 

3 (A) the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 

5 1980 (42 U.S.C. 9601 et seq.), including claims 

6 for damages to natural resources; 

7 (B) the Safe Drinking Water Act (42 

8 U.S.C. 300f et seq.); 

9 (C) the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251 et seq.); and 

11 (D) any regulations implementing the Acts 

12 described in subparagraphs (A) through (C); 

13 (3) the right to use and protect water rights ac14 quired after the date of enactment of this Act; 

15 (4) damage, loss, or injury to land or natural 

16 resources that is not due to loss of water or water 

17 rights, including hunting, fishing, gathering, or cul18 tural rights; 

19 (5) all rights, remedies, privileges, immunities, 

20 and powers not specifically waived and released pur21 suant to this title or the Agreement; and 

22 (6) loss of water or water rights in locations 

23 outside of the Zuni River Stream System. 

24 (e) EFFECT OF AGREEMENT AND TITLE.—Nothing 

25 in the Agreement or this title— 


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1 (1) reduces or extends the sovereignty (includ2 ing civil and criminal jurisdiction) of any govern3 ment entity; 

4 (2) affects the ability of the United States, as 

5 sovereign, to carry out any activity authorized by 

6 law, including— 

7 (A) the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9601 et seq.); 

10 (B) the Safe Drinking Water Act (42 

11 U.S.C. 300f et seq.); 

12 (C) the Federal Water Pollution Control 

13 Act (33 U.S.C. 1251 et seq.); 

14 (D) the Solid Waste Disposal Act (42 

15 U.S.C. 6901 et seq.); and 

16 (E) any regulations implementing the Acts 

17 described in subparagraphs (A) though (D); 

18 (3) affects the ability of the United States to 

19 act as trustee for the Tribe (consistent with this 

20 title), any other Indian Tribe or Pueblo, or an allot21 tee of any Indian Tribe or Pueblo; 

22 (4) confers jurisdiction on any State court— 

23 (A) to interpret Federal law relating to 

24 health, safety, or the environment; 


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1 (B) to determine the duties of the United 

2 States or any other party under Federal law re3 garding health, safety, or the environment; 

4 (C) to conduct judicial review of any Fed5 eral agency action; or 

6 (D) to interpret Tribal law; or 

7 (5) waives any claim of a member of the Tribe 

8 in an individual capacity that does not derive from 

9 a right of the Tribe. 

10 (f) TOLLING OF CLAIMS.— 

11 (1) IN GENERAL.—Each applicable period of 

12 limitation and time-based equitable defense relating 

13 to a claim described in this section shall be tolled for 

14 the period beginning on the date of enactment of 

15 this Act and ending on the Enforceability Date. 

16 (2) EFFECT OF SUBSECTION.—Nothing in this 

17 subsection revives any claim or tolls any period of 

18 limitation or time-based equitable defense that ex19 pired before the date of enactment of this Act. 

20 (3) LIMITATION.—Nothing in this section pre21 cludes the tolling of any period of limitation or any 

22 time-based equitable defense under any other appli23 cable law. 

24 (g) EXPIRATION.— 


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1 (1) IN GENERAL.—This title shall expire in any 

2 case in which the Secretary fails to publish a state3 ment of findings under section 109 by not later 

4 than— 

5 (A) July 1, 2030; or 

6 (B) such alternative later date as is agreed 

7 to by the Tribe and the Secretary, after pro8 viding reasonable notice to the State. 

9 (2) CONSEQUENCES.—If this title expires under 

10 paragraph (1)— 

11 (A) the waivers and releases under sub12 sections (a) and (b) shall— 

13 (i) expire; and 

14 (ii) have no further force or effect; 

15 (B) the authorization, ratification, con16 firmation, and execution of the Agreement 

17 under section 103 shall no longer be effective; 

18 (C) any action carried out by the Sec19 retary, and any contract or agreement entered 

20 into, pursuant to this title shall be void; 

21 (D) any unexpended Federal funds appro22 priated or made available to carry out the ac23 tivities authorized by this title (together with 

24 any interest earned on those funds), and any 

25 water rights or contracts to use water, and title 


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1 to any property acquired or constructed with 

2 Federal funds appropriated or made available 

3 to carry out the activities authorized by this 

4 title shall be returned to the Federal Govern5 ment, unless otherwise agreed to by the Tribe 

6 and the United States and approved by Con7 gress; and 

8 (E) except for Federal funds used to ac9 quire or construct property that is returned to 

10 the Federal Government under subparagraph 

11 (D), the United States shall be entitled to offset 

12 any Federal funds made available to carry out 

13 this title that were expended or withdrawn, or 

14 any funds made available to carry out this title 

15 from other Federal authorized sources, together 

16 with any interest accrued on those funds, 

17 against any claims against the United States— 

18 (i) relating to— 

19 (I) water rights in the State as20 serted by— 

21 (aa) the Tribe; or 

22 (bb) any user of the Tribal 

23 Water Rights; or 

24 (II) any other matter described 

25 in subsection (b); or 


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1 (ii) in any future settlement of water 

2 rights of the Tribe. 

3 SEC. 108. SATISFACTION OF CLAIMS. 

4 The benefits provided under this title shall be in com5 plete replacement of, complete substitution for, and full 

6 satisfaction of any claim of the Tribe against the United 

7 States that is waived and released by the Tribe pursuant 

8 to section 107(b). 

9 SEC. 109. ENFORCEABILITY DATE. 

10 The Enforceability Date shall be the date on which 

11 the Secretary publishes in the Federal Register a state12 ment of findings that— 

13 (1) to the extent that the Agreement conflicts 

14 with this title, the Agreement has been amended to 

15 conform with this title; 

16 (2) the Agreement, as amended, has been exe17 cuted by all parties to the Agreement, including the 

18 United States; 

19 (3) the United States District Court for the 

20 District of New Mexico has approved the Agreement 

21 and has entered a Partial Final Judgment and De22 cree; 

23 (4) all of the amounts appropriated under sub24 sections (a) and (b) of section 106 have been appro25 priated and deposited in the Zuni Tribe Water 


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1 Rights Settlement Trust Account established under 

2 section 105(b)(1) or the Zuni Tribe Operation, 

3 Maintenance, & Replacement Trust Account estab4 lished under section 105(b)(2), as applicable; 

5 (5) the State has— 

6 (A) provided the funding under section 

7 106(c); and 

8 (B) enacted legislation to amend State law 

9 to provide that the Tribal Water Rights may be 

10 leased for a term of not to exceed 99 years, in11 cluding renewals; and 

12 (6) the waivers and releases under section 107 

13 have been executed by the Tribe and the Secretary. 

14 SEC. 110. MISCELLANEOUS PROVISIONS. 

15 (a) NO WAIVER OF SOVEREIGN IMMUNITY BY THE

16 UNITED STATES.—Nothing in this title waives the sov17 ereign immunity of the United States. 

18 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

19 Nothing in this title quantifies or diminishes any land or 

20 water right, or any claim or entitlement to land or water, 

21 of an Indian Tribe, band, Pueblo, or community other 

22 than the Tribe. 

23 (c) EFFECT ON CURRENT LAW.—Nothing in this 

24 title affects any provision of law (including regulations) 

25 in effect on the day before the date of enactment of this 


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1 Act with respect to pre-enforcement review of any Federal 

2 environmental enforcement action. 

3 (d) CONFLICT.—In the event of a conflict between 

4 the Agreement and this title, this title shall control. 

5 SEC. 111. RELATION TO ALLOTTEES. 

6 (a) NO EFFECT ON CLAIMS OF ALLOTTEES.—Noth7 ing in this Act or the Agreement affects the rights or 

8 claims of Allottees, or the United States, acting in its ca9 pacity as trustee for or on behalf of Allottees, for water 

10 rights or damages relating to land allotted by the United 

11 States to Allottees. 

12 (b) RELATIONSHIP OF DECREE TO ALLOTTEES.— 

13 (1) SEPARATE ADJUDICATION.—Regardless of 

14 whether an Allotment is patented pursuant to sec15 tion 1 of the Act of February 8, 1887 (commonly 

16 known as the ‘‘Indian General Allotment Act’’) (24 

17 Stat. 388, chapter 119; 25 U.S.C. 331) (as in effect 

18 on the day before the date of enactment of the In19 dian Land Consolidation Act Amendments of 2000 

20 (Public Law 106–462; 114 Stat. 1991)), or section 

21 4 of that Act (24 Stat. 389, chapter 119; 25 U.S.C. 

22 334), as determined by the Secretary, when adju23 dicated— 

24 (A) water rights for Allotments shall be 

25 separate from the Tribal Water Rights; and 


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1 (B) no water rights for Allotments shall be 

2 included in the Partial Final Judgment and De3 cree. 

4 (2) ALLOTMENT WATER RIGHTS.—Allotment 

5 water rights adjudicated separately pursuant to 

6 paragraph (1) shall not be subject to the restrictions 

7 or conditions that apply to the use of the Tribal 

8 Water Rights, subject to the condition that if an Al9 lotment governed by the Act of February 8, 1887 

10 (commonly known as the ‘‘Indian General Allotment 

11 Act’’) (24 Stat. 388, chapter 119; 25 U.S.C. 331 et 

12 seq.), becomes Zuni Lands, the water rights associ13 ated with that Allotment shall be subject to the re14 strictions and conditions on the Tribal Water Rights 

15 set forth in this Act and the Agreement. 

16 (3) ALLOTTEE WATER RIGHTS TO BE ADJU17 DICATED.—Allottees, or the United States, acting in 

18 its capacity as trustee for Allottees, may make water 

19 rights claims, and such claims may be adjudicated in 

20 the Zuni River Stream System. 

21 SEC. 112. ANTIDEFICIENCY. 

22 The United States shall not be liable for any failure 

23 to carry out any obligation or activity authorized by this 

24 title, including any obligation or activity under the AgreeVerDate Sep 11 2014 01:19 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4643.IS S4643

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1 ment, if adequate appropriations are not provided ex2 pressly by Congress to carry out the purposes of this title. 

3 TITLE II—ZUNI SALT LAKE AND 

4 SANCTUARY PROTECTION 

5 SEC. 201. DEFINITIONS. 

6 In this title: 

7 (1) CASUAL COLLECTING.—The term ‘‘casual 

8 collecting’’ has the meaning given the term in sec9 tion 6301 of the Omnibus Public Land Management 

10 Act of 2009 (16 U.S.C. 470aaa). 

11 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

12 means— 

13 (A) any Federal land or interest in Federal 

14 land that is within the boundary of the Zuni 

15 Salt Lake and Sanctuary; and 

16 (B) any land or interest in land located 

17 within the boundary of the Zuni Salt Lake and 

18 Sanctuary that is acquired by the Federal Gov19 ernment after the date of enactment of this 

20 Act. 

21 (3) MAP.—The term ‘‘Map’’ means the map en22 titled ‘‘Legislative Map for Zuni Tribe Water Settle23 ment’’ and dated June 17, 2024. 

24 (4) ZUNI SALT LAKE AND SANCTUARY.—The 

25 term ‘‘Zuni Salt Lake and Sanctuary’’ means the 


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1 approximately 217,037 acres located in the State 

2 comprised of a mixture of private, Tribal trust, 

3 State, and Bureau of Land Management-managed 

4 lands, as depicted on the Map, protected by New 

5 Mexico Office of the State Engineer Order No. 199 

6 (July 5, 2023) due to the historical and cultural sig7 nificance of those lands. 

8 SEC. 202. WITHDRAWAL OF CERTAIN FEDERAL LAND IN 

9 NEW MEXICO. 

10 (a) WITHDRAWAL OF FEDERAL LAND.—Subject to 

11 valid existing rights and section 204(a)(3), effective on the 

12 date of enactment of this Act, the Federal land described 

13 in section 201(2)(A), comprising approximately 92,364 

14 acres, is withdrawn from all forms of— 

15 (1) entry, appropriation, or disposal under the 

16 public land laws; 

17 (2) location, entry, and patent under the mining 

18 laws; and 

19 (3) disposition under all laws pertaining to min20 eral and geothermal leasing or mineral materials. 

21 (b) WITHDRAWAL OF LAND ACQUIRED.—Subject to 

22 valid existing rights and section 204(a)(3), effective on the 

23 date on which the land described in section 201(2)(B) is 

24 acquired by the Federal Government, that Federal land 

25 is withdrawn from all forms of— 


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1 (1) entry, appropriation, or disposal under the 

2 public land laws; 

3 (2) location, entry, and patent under the mining 

4 laws; and 

5 (3) disposition under all laws pertaining to min6 eral and geothermal leasing or mineral materials. 

7 (c) RESERVATION.—The Federal land withdrawn 

8 under this section is reserved for— 

9 (1) the protection of the Zuni Salt Lake and 

10 Sanctuary; 

11 (2) the quality and quantity of water resources 

12 that supply the Zuni Salt Lake; and 

13 (3) any cultural resources or values within or 

14 associated with the Zuni Salt Lake and Sanctuary. 

15 SEC. 203. MANAGEMENT OF FEDERAL LAND. 

16 (a) IN GENERAL.—In addition to the requirements 

17 of section 202, the Secretary, acting through the Director 

18 of the Bureau of Land Management, shall manage the 

19 Federal land withdrawn under that section in accordance 

20 with the Federal Land Policy and Management Act of 

21 1976 (43 U.S.C. 1701 et seq.), in consultation with the 

22 Tribe, to protect the Zuni Salt Lake and Sanctuary, the 

23 quality and quantity of water resources that supply the 

24 Zuni Salt Lake, and any cultural resources or values with25 in or associated with the Zuni Salt Lake and Sanctuary. 


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1 (b) SPECIFIC RESTRICTIONS.—The following restric2 tions shall apply to the Federal land described in sub3 section (a): 

4 (1) Except where needed for administrative or 

5 emergency purposes, motor vehicle use shall be lim6 ited to designated routes, which shall not impact the 

7 values of the Zuni Salt Lake and Sanctuary. 

8 (2) No water wells or extension or expansion of 

9 any existing water wells may be authorized after the 

10 date of enactment of this Act, except that replace11 ment water wells may be authorized in the event of 

12 failure of an existing water well. 

13 (3) No increase in existing permitted grazing 

14 use may be authorized. 

15 (4) No new rights-of-way or leases may be 

16 issued, except for geophysical, geologic, or hydrologic 

17 operations limited to research or monitoring to un18 derstand and protect the Zuni Salt Lake or for re19 gional scientific study. 

20 (5) No sale or free use of timber may be au21 thorized. 

22 (6) Casual collecting shall not be authorized. 

23 SEC. 204. TRANSFER OF LAND INTO TRUST. 

24 (a) FEDERAL LAND TRANSFERS.— 


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1 (1) IN GENERAL.—On the Enforceability Date, 

2 and subject to valid existing rights and the require3 ments of this section, the Secretary shall take into 

4 trust for the benefit of the Tribe all right, title, and 

5 interest of the United States in and to the land de6 scribed as ‘‘Tribal Acquisition Area’’ on the Map. 

7 (2) TERMS AND CONDITIONS.— 

8 (A) EXISTING AUTHORIZATIONS.— 

9 (i) IN GENERAL.—Land taken into 

10 trust under this subsection shall be subject 

11 to valid existing rights, contracts, leases, 

12 permits, and rights-of-way, unless the hold13 er of the right, contract, lease, permit, or 

14 right-of-way requests an earlier termi15 nation in accordance with existing law. 

16 (ii) ASSUMPTION BY BUREAU OF IN17 DIAN AFFAIRS.—The Bureau of Indian Af18 fairs shall— 

19 (I) assume all benefits and obli20 gations of the previous land manage21 ment agency under the existing rights, 

22 contracts, leases, permits, and rights23 of-way described in clause (i); and 

24 (II) disburse to the Tribe any 

25 amounts that accrue to the United 


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1 States from those rights, contracts, 

2 leases, permits, and rights-of-way 

3 after the date on which the land is 

4 taken into trust from any sale, bonus, 

5 royalty, or rental relating to that land 

6 in the same manner as amounts re7 ceived from other land held by the 

8 Secretary in trust for the Tribe. 

9 (B) PERSONAL PROPERTY.— 

10 (i) IN GENERAL.—Any improvements 

11 constituting personal property (as defined 

12 by State law) belonging to the holder of a 

13 right, contract, lease, permit, or right-of14 way on land taken into trust under this 

15 subsection shall— 

16 (I) remain the property of the 

17 holder; and 

18 (II) be removed from the land 

19 not later than 90 days after the date 

20 on which the right, contract, lease, 

21 permit, or right-of-way expires, unless 

22 the Tribe and the holder agree other23 wise. 

24 (ii) REMAINING PROPERTY.—Any per25 sonal property described in clause (i) reVerDate Sep 11 2014 01:19 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S4643.IS S4643

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1 maining beyond the 90-day period de2 scribed in subclause (II) of that clause 

3 shall— 

4 (I) become the property of the 

5 Tribe; and 

6 (II) be subject to removal and 

7 disposition at the discretion of the 

8 Tribe. 

9 (iii) LIABILITY OF PREVIOUS HOLD10 ER.—The holder of personal property de11 scribed in clause (i) shall be liable to the 

12 Tribe for costs incurred by the Tribe in re13 moving and disposing of the property 

14 under clause (ii)(II). 

15 (3) TERMINATION OF WITHDRAWAL OF FED16 ERAL LAND.—The withdrawal of Federal land pur17 suant to section 202 shall terminate, as to the land 

18 described in paragraph (1), on the date on which the 

19 land is taken into trust under that paragraph. 

20 (4) STATUS OF WATER RIGHTS ON TRANS21 FERRED LAND.—Any water rights associated with 

22 land taken into trust under paragraph (1)— 

23 (A) shall be held in trust for the Tribe; but 

24 (B) shall not be included in the Tribal 

25 Water Rights. 


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1 (b) FUTURE TRUST LAND.—On acquisition by the 

2 Tribe of any land depicted as ‘‘Potential Future Acquisi3 tion Areas’’ on the Map, the Secretary shall take legal title 

4 in and to that land into trust for the benefit of the Tribe, 

5 subject to the conditions that— 

6 (1) the land shall be free from any liens, en7 cumbrances, or other infirmities; and 

8 (2) no evidence exists of any hazardous sub9 stances on, or other environmental liability with re10 spect to, the land. 

11 SEC. 205. MAPS AND LEGAL DESCRIPTIONS. 

12 (a) PREPARATION OF MAPS AND LEGAL DESCRIP13 TIONS.—As soon as practicable after the date of enact14 ment of this Act, the Secretary shall— 

15 (1) prepare maps depicting— 

16 (A) the land withdrawn under section 202; 

17 and 

18 (B) the land taken into trust under section 

19 204; and 

20 (2) publish in the Federal Register a notice 

21 containing the legal descriptions of land described in 

22 subparagraphs (A) and (B) of paragraph (1). 

23 (b) LEGAL EFFECT.—Maps and legal descriptions 

24 prepared and published under subsection (a) shall have 

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1 tions were included in this title, except that the Secretary 

2 may correct any clerical and typographical errors in such 

3 maps and legal descriptions. 

4 (c) AVAILABILITY.—Copies of maps and legal de5 scriptions prepared and published under subsection (a) 

6 shall be available for public inspection in the appropriate 

7 offices of the Bureau of Land Management. 

Æ 


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