[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8951 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8951
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 HOUSE OF REPRESENTATIVES
July 8, 2024
Mr. Vasquez (for himself, Ms. Stansbury, and Ms. Leger Fernandez)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
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 the first section 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 the first
section 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