[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4643 Introduced in Senate (IS)] <DOC> 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. Lujan) 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. 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 th