I 119THCONGRESS 1 STSESSION H. R. 1444 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 FEBRUARY18, 2025 Mr. V ASQUEZ(for himself, Ms. LEGERFERNANDEZ, and Ms. STANSBURY) in- troduced the following bill; which was referred to the Committee on Nat- ural 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 Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) S HORTTITLE.—This Act may be cited as the 4 ‘‘Zuni Indian Tribe Water Rights Settlement Act of 5 2025’’. 6 (b) T ABLE OFCONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 1444 IH Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. Ratification of Agreement. Sec. 104. Tribal Water Rights. Sec. 105. Settlement Trust Fund. Sec. 106. Funding. Sec. 107. Waivers and releases of claims. Sec. 108. Satisfaction of claims. Sec. 109. Enforceability date. Sec. 110. Miscellaneous provisions. Sec. 111. Relation to Allottees. Sec. 112. Antideficiency. TITLE II—ZUNI SALT LAKE AND SANCTUARY PROTECTION Sec. 201. Definitions. Sec. 202. Withdrawal of certain Federal land in New Mexico. Sec. 203. Management of Federal land. Sec. 204. Transfer of land into trust. Sec. 205. Maps and legal descriptions. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) E NFORCEABILITY DATE .—The term ‘‘En-3 forceability Date’’ means the date described in sec-4 tion 109. 5 (2) S ECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of the Interior. 7 (3) S TATE.—The term ‘‘State’’ means the State 8 of New Mexico. 9 (4) T RIBAL WATER RIGHTS.— 10 (A) I N GENERAL.—The term ‘‘Tribal 11 Water Rights’’ means the water rights of the 12 Tribe in the Zuni River Stream System (as de-13 fined in section 102)— 14 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 1444 IH (i) as identified in the Agreement and 1 section 104; and 2 (ii) as confirmed in the Partial Final 3 Judgment and Decree (as defined in sec-4 tion 102). 5 (B) E XCLUSIONS.—The term ‘‘Tribal 6 Water Rights’’ does not include— 7 (i) any interest that the Tribe may 8 have in an Allotment (as defined in section 9 102) that is determined by the Secretary 10 to be patented pursuant to section 1 of the 11 Act of February 8, 1887 (commonly known 12 as the ‘‘Indian General Allotment Act’’) 13 (24 Stat. 388, chapter 119; 25 U.S.C. 14 331) (as in effect on the day before the 15 date of enactment of the Indian Land Con-16 solidation Act Amendments of 2000 (Pub-17 lic Law 106–462; 114 Stat. 1991)); or 18 (ii) any undivided interest that the 19 Tribe may have in an Allotment (as so de-20 fined) that is determined by the Secretary 21 to be patented pursuant to an authority 22 other than section 1 of the Act of Feb-23 ruary 8, 1887 (commonly known as the 24 ‘‘Indian General Allotment Act’’) (24 Stat. 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 1444 IH 388, chapter 119; 25 U.S.C. 331) (as in 1 effect on the day before the date of enact-2 ment of the Indian Land Consolidation Act 3 Amendments of 2000 (Public Law 106– 4 462; 114 Stat. 1991)). 5 (5) T RIBE.—The term ‘‘Tribe’’ means the Zuni 6 Tribe of the Zuni Reservation, a federally recognized 7 Indian Tribe. 8 TITLE I—ZUNI INDIAN TRIBE 9 WATER RIGHTS SETTLEMENT 10 SEC. 101. PURPOSES. 11 The purposes of this title are— 12 (1) to achieve a fair, equitable, and final settle-13 ment of all claims to water rights in the Zuni River 14 Stream System in the State for— 15 (A) the Tribe; and 16 (B) the United States, acting as trustee 17 for the Tribe; 18 (2) to authorize, ratify, and confirm the Agree-19 ment entered into by the Tribe, the State, and var-20 ious other parties to the extent that the Agreement 21 is consistent with this title; 22 (3) to authorize and direct the Secretary— 23 (A) to execute the Agreement; and 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 1444 IH (B) to take any other actions necessary to 1 carry out the Agreement in accordance with 2 this title; and 3 (4) to authorize funds necessary for the imple-4 mentation of the Agreement and this title. 5 SEC. 102. DEFINITIONS. 6 In this title: 7 (1) A DJUDICATION.—The term ‘‘Adjudication’’ 8 means the general adjudication of water rights enti-9 tled ‘‘United States v. A&R Production, et al.’’, Civil 10 No. 01–CV–00072, including the subproceeding Civil 11 No. 07–CV–00681, pending as of the date of enact-12 ment of this Act in the United States District Court 13 for the District of New Mexico. 14 (2) A GREEMENT.—The term ‘‘Agreement’’ 15 means— 16 (A) the document entitled ‘‘Settlement 17 Agreement to Quantify and Protect the Water 18 Rights of the Zuni Indian Tribe in the Zuni 19 River Basin in New Mexico and to Protect the 20 Zuni Salt Lake’’ and dated May 1, 2023, and 21 the attachments thereto; and 22 (B) any amendment to the document re-23 ferred to in subparagraph (A) (including an 24 amendment to an attachment thereto) that is 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 1444 IH executed to ensure that the Agreement is con-1 sistent with this title. 2 (3) A LLOTMENT.—The term ‘‘Allotment’’ 3 means— 4 (A) any of the 9 parcels on Zuni Lands 5 that are held in trust by the United States for 6 individual Indians, or an Indian Tribe holding 7 an undivided fractional beneficial interest, 8 under the patents numbered 202394, 224251, 9 224252, 224667, 234753, 236955, 254124, 10 254125, and 254126; and 11 (B) any of the 6 parcels in the State off 12 Zuni Lands that are held in trust by the United 13 States for individual Indians, or an Indian 14 Tribe holding an undivided fractional beneficial 15 interest, under the patents numbered 211719, 16 246362, 246363, 246364, 246365, and 17 247321. 18 (4) A LLOTTEE.—The term ‘‘Allottee’’ means— 19 (A) an individual Indian holding a bene-20 ficial interest in an Allotment; or 21 (B) an Indian Tribe holding an undivided 22 fractional beneficial interest in an Allotment. 23 (5) P ARTIAL FINAL JUDGMENT AND DECREE .— 24 The term ‘‘Partial Final Judgment and Decree’’ 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 1444 IH means a final or interlocutory partial final judgment 1 and decree entered by the United States District 2 Court for the District of New Mexico with respect 3 to the water rights of the Tribe— 4 (A) that is substantially in the form de-5 scribed in the Agreement, as amended to ensure 6 consistency with this title; and 7 (B) from which no further appeal may be 8 taken. 9 (6) T RUST FUND.—The term ‘‘Trust Fund’’ 10 means the Zuni Tribe Settlement Trust Fund estab-11 lished under section 105(a). 12 (7) Z UNI LANDS.—The term ‘‘Zuni Lands’’ 13 means land within the State that is held in trust by 14 the United States for the Tribe, or owned by the 15 Tribe, at the time of filing of a Motion for Entry of 16 the Partial Final Judgment and Decree, including 17 the land withdrawn from sale and set apart as a res-18 ervation or in trust for the use and occupancy of the 19 Tribe by— 20 (A) Executive order of March 16, 1877 21 (relating to Zuni Pueblo reserve), as amended 22 by Executive order of May 1, 1883 (relating to 23 Zuni Reserve); 24 VerDate Sep 11 2014 07:31 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 1444 IH (B) Presidential Proclamation 1412, dated 1 November 30, 1917; 2 (C) the Act of June 20, 1935 (49 Stat. 3 393, chapter 282); 4 (D) the Act of August 13, 1949 (63 Stat. 5 604, chapter 425); and 6 (E) the Warranty Deed recorded on July 7 16, 1997, in Book 6, Page 5885 of the Cibola 8 County Records. 9 (8) Z UNI RIVER STREAM SYSTEM .—The term 10 ‘‘Zuni River Stream System’’ means the Zuni River 11 surface water drainage basin identified in the order 12 of the United States District Court for the District 13 of New Mexico in the Adjudication entitled ‘‘Order 14 on Special Master’s Report re: Geographic Scope of 15 Adjudication, Docket 200’’ and dated May 21, 2003. 16 SEC. 103. RATIFICATION OF AGREEMENT. 17 (a) R ATIFICATION.— 18 (1) I N GENERAL.—Except as modified by this 19 title, and to the extent that the Agreement does not 20 conflict with this title, the Agreement is authorized, 21 ratified, and confirmed. 22 (2) A MENDMENTS.—If an amendment to the 23 Agreement, or to any attachment to the Agreement 24 requiring the signature of the Secretary, is executed 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •HR 1444 IH in accordance with this title to make the Agreement 1 consistent with this title, the amendment is author-2 ized, ratified, and confirmed. 3 (b) E XECUTION.— 4 (1) I N GENERAL.—To the extent the Agreement 5 does not conflict with this title, the Secretary shall 6 execute the Agreement, including all attachments to 7 or parts of the Agreement, requiring the signature 8 of the Secretary. 9 (2) M ODIFICATIONS.—Nothing in this title pro-10 hibits the Secretary, after execution of the Agree-11 ment, from approving any modification to the Agree-12 ment, including an attachment to the Agreement, 13 that is consistent with this title, to the extent that 14 the modification does not otherwise require congres-15 sional approval under section 2116 of the Revised 16 Statutes (25 U.S.C. 177) or any other applicable 17 Federal law. 18 (c) E NVIRONMENTAL COMPLIANCE.— 19 (1) I N GENERAL.—In implementing the Agree-20 ment and this title, the Secretary shall comply 21 with— 22 (A) the Endangered Species Act of 1973 23 (16 U.S.C. 1531 et seq.); 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •HR 1444 IH (B) the National Environmental Policy Act 1 of 1969 (42 U.S.C. 4321 et seq.), including the 2 implementing regulations of that Act; and 3 (C) all other applicable Federal environ-4 mental laws and regulations. 5 (2) C OMPLIANCE.— 6 (A) I N GENERAL.—In implementing the 7 Agreement and this title, the Tribe shall pre-8 pare any necessary environmental documents, 9 consistent with— 10 (i) the Endangered Species Act of 11 1973 (16 U.S.C. 1531 et seq.); 12 (ii) the National Environmental Policy 13 Act of 1969 (42 U.S.C. 4321 et seq.), in-14 cluding the implementing regulations of 15 that Act; and 16 (iii) all other applicable Federal envi-17 ronmental laws and regulations. 18 (B) A UTHORIZATIONS.—The Secretary 19 shall— 20 (i) independently evaluate the docu-21 mentation required under subparagraph 22 (A); and 23 (ii) be responsible for the accuracy, 24 scope, and contents of that documentation. 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •HR 1444 IH (3) EFFECT OF EXECUTION .—The execution of 1 the Agreement by the Secretary under this section 2 shall not constitute a major Federal action under 3 the National Environmental Policy Act of 1969 (42 4 U.S.C. 4321 et seq.). 5 (4) C OSTS.—Any costs associated with the per-6 formance of the compliance activities under this sub-7 section shall be paid from funds deposited in the 8 Trust Fund, subject to the condition that any costs 9 associated with the performance of Federal approval 10 or other review of such compliance work or costs as-11 sociated with inherently Federal functions shall re-12 main the responsibility of the Secretary. 13 SEC. 104. TRIBAL WATER RIGHTS. 14 (a) T RUSTSTATUS OF THE TRIBALWATER 15 R IGHTS.—The Tribal Water Rights shall be held in trust 16 by the United States on behalf of the Tribe, in accordance 17 with the Agreement and this title. 18 (b) F ORFEITURE ANDABANDONMENT.— 19 (1) I N GENERAL.—The Tribal Water Rights 20 shall not be subject to loss through non-use, for-21 feiture, abandonment, or other operation of law. 22 (2) S TATE-LAW BASED WATER RIGHTS .—State- 23 law based water rights acquired by the Tribe, or by 24 the United States on behalf of the Tribe, after the 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •HR 1444 IH date for inclusion in the Partial Final Judgment and 1 Decree shall not be subject to forfeiture, abandon-2 ment, or permanent alienation from the time those 3 water rights are acquired. 4 (c) U SE.—Any use of the Tribal Water Rights shall 5 be subject to the terms and conditions of the Agreement 6 and this title. 7 (d) A LLOTMENT RIGHTSNOTINCLUDED.—The 8 Tribal Water Rights do not include any water rights for 9 an Allotment. 10 (e) A LLOTTEESNOTADVERSELYAFFECTED.— 11 Nothing in this title quantifies or diminishes any water 12 right, or any claim or entitlement to water, of an Allottee. 13 (f) A CCOUNTING FOR ALLOTMENTUSES.—Any use 14 of water on an Allotment shall be accounted for out of 15 the Tribal Water Rights recognized in the Agreement, in-16 cluding recognition of— 17 (1) any water use existing on an Allotment as 18 of the date of enactment of this Act; 19 (2) reasonable domestic, stock, and irrigation 20 water uses put into use on an Allotment; and 21 (3) any water right decreed to the United 22 States in trust for an Allottee in the Adjudication 23 for use on an Allotment. 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •HR 1444 IH (g) ALLOTTEEWATERRIGHTS.—The Tribe shall not 1 object in the Adjudication to the quantification of reason-2 able domestic, stock, and irrigation water uses on an Allot-3 ment, and shall administer any water use on Zuni Lands 4 in accordance with applicable Federal law, including rec-5 ognition of— 6 (1) any water use existing on an Allotment as 7 of the date of enactment of this Act; 8 (2) reasonable domestic, stock, and irrigation 9 water uses on an Allotment; and 10 (3) any water right decreed to the United 11 States in trust for an Allottee in the Adjudication. 12 (h) A UTHORITY OF THETRIBE.— 13 (1) I N GENERAL.—The Tribe shall have the au-14 thority to allocate, distribute, and lease the Tribal 15 Water Rights for use on Zuni Lands in accordance 16 with the Agreement, this title, and applicable Fed-17 eral law, including the first section of the Act of Au-18 gust 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 19 415) (commonly known as the ‘‘Long-Term Leasing 20 Act’’). 21 (2) U SE OFF ZUNI LANDS.— 22 (A) I N GENERAL.—The Tribe may allo-23 cate, distribute, and lease the Tribal Water 24 Rights for use off Zuni Lands in accordance 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 14 •HR 1444 IH with the Agreement, this title, and applicable 1 Federal law, subject to the approval of the Sec-2 retary. 3 (B) M AXIMUM TERM .—The maximum 4 term of any lease, including all renewals, under 5 this paragraph shall not exceed 99 years. 6 (i) A DMINISTRATION.— 7 (1) N O ALIENATION.—The Tribe shall not per-8 manently alienate any portion of the Tribal Water 9 Rights. 10 (2) P URCHASES OR GRANTS OF LAND FROM IN -11 DIANS.—An authorization provided by this title for 12 the allocation, distribution, leasing, or other ar-13 rangement entered into pursuant to this title shall 14 be considered to satisfy any requirement for author-15 ization of the action required by Federal law. 16 (3) P ROHIBITION ON FORFEITURE .—The non- 17 use of all or any portion of the Tribal Water Rights 18 by any water user shall not result in the forfeiture, 19 abandonment, relinquishment, or other loss of all or 20 any portion of the Tribal Water Rights. 21 SEC. 105. SETTLEMENT TRUST FUND. 22 (a) E STABLISHMENT.—The Secretary shall establish 23 a trust fund, to be known as the ‘‘Zuni Tribe Settlement 24 Trust Fund’’, to be managed, invested, and distributed by 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 15 •HR 1444 IH the Secretary and to remain available until expended, 1 withdrawn, or reverted to the general fund of the Treas-2 ury, consisting of amounts deposited in the Trust Fund 3 under subsection (c), together with any investment earn-4 ings, including interest, earned on those amounts, for the 5 purpose of carrying out this title. 6 (b) T RUSTFUNDACCOUNTS.—The Secretary shall 7 establish in the Trust Fund the following accounts: 8 (1) The Zuni Tribe Water Rights Settlement 9 Trust Account. 10 (2) The Zuni Tribe Operation, Maintenance, & 11 Replacement Trust Account. 12 (c) D EPOSITS.—The Secretary shall deposit in the 13 Trust Fund the amounts made available under section 14 106(a). 15 (d) M ANAGEMENT AND INTEREST.— 16 (1) M ANAGEMENT.—On receipt and deposit of 17 funds into the Trust Fund under subsection (c), the 18 Secretary shall manage, invest, and distribute all 19 amounts in the Trust Fund in a manner that is con-20 sistent with the investment authority of the Sec-21 retary under— 22 (A) the first section of the Act of June 24, 23 1938 (25 U.S.C. 162a); 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 16 •HR 1444 IH (B) the American Indian Trust Fund Man-1 agement Reform Act of 1994 (25 U.S.C. 4001 2 et seq.); and 3 (C) this section. 4 (2) I NVESTMENT EARNINGS .—In addition to 5 the amounts deposited under subsection (c), any in-6 vestment earnings, including interest, earned on 7 those amounts, held in the Trust Fund are author-8 ized to be used in accordance with subsections (f) 9 and (h). 10 (e) A VAILABILITY OFAMOUNTS.— 11 (1) I N GENERAL.—Amounts appropriated to, 12 and deposited in, the Trust Fund, including any in-13 vestment earnings, including interest, earned on 14 those amounts, shall be made available to the Tribe 15 by the Secretary beginning on the Enforceability 16 Date, subject to the requirements of this section, ex-17 cept for funds to be made available to the Tribe pur-18 suant to paragraph (2). 19 (2) U SE OF FUNDS.—Notwithstanding para-20 graph (1), $50,000,000 of the amounts deposited in 21 the Trust Fund, including any investment earnings, 22 including interest, earned on those amounts, shall be 23 available to the Tribe for the following uses on the 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 17 •HR 1444 IH date on which the amounts are deposited in the 1 Trust Fund: 2 (A) Developing economic water develop-3 ment plans. 4 (B) Preparing environmental compliance 5 documents. 6 (C) Preparing water project engineering 7 designs. 8 (D) Establishing and operating a water re-9 source department. 10 (E) Installing groundwater wells on Zuni 11 Lands to meet immediate domestic, commercial, 12 municipal, industrial, livestock, or supplemental 13 irrigation water needs. 14 (F) Urgent repairs to irrigation infrastruc-15 ture. 16 (G) Acquiring land and water rights or 17 water supply. 18 (H) Developing water measurement and 19 reporting water use plans. 20 (f) W ITHDRAWALS.— 21 (1) W ITHDRAWALS UNDER THE AMERICAN IN -22 DIAN TRUST FUND MANAGEMENT REFORM ACT OF 23 1994.— 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 18 •HR 1444 IH (A) IN GENERAL.—The Tribe may with-1 draw any portion of the amounts in the Trust 2 Fund on approval by the Secretary of a Tribal 3 management plan submitted by the Tribe in ac-4 cordance with the American Indian Trust Fund 5 Management Reform Act of 1994 (25 U.S.C. 6 4001 et seq.). 7 (B) R EQUIREMENTS.—In addition to the 8 requirements under the American Indian Trust 9 Fund Management Reform Act of 1994 (25 10 U.S.C. 4001 et seq.), the Tribal management 11 plan under this paragraph shall require that the 12 Tribe shall spend all amounts withdrawn from 13 the Trust Fund, and any investment earnings, 14 including interest, earned on those amounts, 15 through the investments under the Tribal man-16 agement plan, in accordance with this title. 17 (C) E NFORCEMENT.—The Secretary may 18 carry out such judicial and administrative ac-19 tions as the Secretary determines to be nec-20 essary to enforce the Tribal management plan 21 under this paragraph and to ensure that 22 amounts withdrawn by the Tribe from the 23 Trust Fund under subparagraph (A) are used 24 in accordance with this title. 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 19 •HR 1444 IH (2) WITHDRAWALS UNDER EXPENDITURE 1 PLAN.— 2 (A) I N GENERAL.—The Tribe may submit 3 to the Secretary a request to withdraw amounts 4 from the Trust Fund pursuant to an approved 5 expenditure plan. 6 (B) R EQUIREMENTS.—To be eligible to 7 withdraw amounts under an expenditure plan 8 under subparagraph (A), the Tribe shall submit 9 to the Secretary an expenditure plan for any 10 portion of the Trust Fund the Tribe elects to 11 withdraw pursuant to that subparagraph, sub-12 ject to the condition that the amounts shall be 13 used for the purposes described in this title. 14 (C) I NCLUSIONS.—An expenditure plan 15 submitted under subparagraph (A) shall include 16 a description of the manner and purpose for 17 which the amounts proposed to be withdrawn 18 from the Trust Fund will be used by the Tribe, 19 in accordance with this subsection and sub-20 section (h). 21 (D) A PPROVAL.—The Secretary shall ap-22 prove an expenditure plan submitted under sub-23 paragraph (A) if the Secretary determines that 24 the expenditure plan— 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 20 •HR 1444 IH (i) is reasonable; and 1 (ii) is consistent with, and will be used 2 for, the purposes of this title. 3 (E) E NFORCEMENT.—The Secretary may 4 carry out such judicial and administrative ac-5 tions as the Secretary determines to be nec-6 essary— 7 (i) to enforce an expenditure plan; 8 and 9 (ii) to ensure that amounts withdrawn 10 under this paragraph are used in accord-11 ance with this title. 12 (g) E FFECT OFSECTION.—Nothing in this section 13 entitles the Tribe the right to judicial review of a deter-14 mination of the Secretary relating to whether to approve 15 the Tribal management plan under paragraph (1) of sub-16 section (f) or an expenditure plan under paragraph (2) 17 of that subsection, except under subchapter II of chapter 18 5, and chapter 7, of title 5, United States Code (commonly 19 known as the ‘‘Administrative Procedure Act’’). 20 (h) U SES.— 21 (1) Z UNI TRIBE WATER RIGHTS SETTLEMENT 22 TRUST ACCOUNT.—The Zuni Tribe Water Rights 23 Settlement Trust Account established under sub-24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 21 •HR 1444 IH section (b)(1) may only be used for the following 1 purposes: 2 (A) Planning, permitting, designing, engi-3 neering, constructing, reconstructing, replacing, 4 rehabilitating, operating, or repairing water 5 production, treatment, or delivery infrastruc-6 ture, including for domestic and municipal sup-7 ply, or wastewater infrastructure. 8 (B) Planning, permitting, designing, engi-9 neering, constructing, reconstructing, replacing, 10 rehabilitating, operating, or repairing water 11 production, treatment, or delivery infrastruc-12 ture, acquisition of water, or on-farm improve-13 ments for irrigation, livestock, and support of 14 agriculture. 15 (C) Planning, permitting, designing, engi-16 neering, constructing, reconstructing, replacing, 17 rehabilitating, operating, monitoring, or other 18 measures for watershed and endangered species 19 habitat protection and enhancement, land and 20 water rights acquisition, water-related Tribal 21 community welfare and economic development, 22 and costs relating to the implementation of the 23 Agreement. 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 22 •HR 1444 IH (D) Ensuring environmental compliance in 1 the development and construction of projects 2 under this title. 3 (E) Tribal water rights management and 4 administration. 5 (2) Z UNI TRIBE OPERATION , MAINTENANCE, & 6 REPLACEMENT TRUST ACCOUNT .—The Zuni Tribe 7 Operation, Maintenance, & Replacement Trust Ac-8 count established under subsection (b)(2) may only 9 be used to pay costs for operation, maintenance, and 10 replacement of water infrastructure to serve Tribal 11 domestic, commercial, municipal, industrial, irriga-12 tion, and livestock water uses from any water 13 source. 14 (i) L IABILITY.—The Secretary and the Secretary of 15 the Treasury shall not be liable for the expenditure or in-16 vestment of any amounts withdrawn from the Trust Fund 17 by the Tribe under the Tribal management plan or an ex-18 penditure plan under paragraph (1) or (2) of subsection 19 (f), respectively. 20 (j) E XPENDITUREREPORTS.—The Tribe shall annu-21 ally submit to the Secretary an expenditure report describ-22 ing amounts spent from, and accomplishment from the use 23 of, withdrawals under the Tribal management plan or an 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 23 •HR 1444 IH expenditure plan under paragraph (1) or (2) of subsection 1 (f), respectively. 2 (k) N OPERCAPITADISTRIBUTIONS.—No portion of 3 the Trust Fund shall be distributed on a per capita basis 4 to any member of the Tribe. 5 (l) T ITLE TOINFRASTRUCTURE.—Title to, control 6 over, and operation of any project constructed using funds 7 from the Trust Fund shall remain in the Tribe. 8 (m) O PERATION, MAINTENANCE, ANDREPLACE-9 MENT.—All operation, maintenance, and replacement 10 costs of any project constructed using funds from the 11 Trust Fund shall be the responsibility of the Tribe. 12 SEC. 106. FUNDING. 13 (a) M ANDATORY APPROPRIATIONS.—Out of any 14 money in the Treasury not otherwise appropriated, the 15 Secretary of the Treasury shall transfer to the Sec-16 retary— 17 (1) for deposit in the Zuni Tribe Water Rights 18 Settlement Trust Account established under section 19 105(b)(1), $655,500,000, to remain available until 20 expended, withdrawn, or reverted to the general 21 fund of the Treasury; and 22 (2) for deposit in the Zuni Tribe Operation, 23 Maintenance, & Replacement Trust Account estab-24 lished under section 105(b)(2), $29,500,000, to re-25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 24 •HR 1444 IH main available until expended, withdrawn, or re-1 verted to the general fund of the Treasury. 2 (b) F LUCTUATION INCOSTS.— 3 (1) I N GENERAL.—The amount appropriated 4 under subsection (a) shall be increased or decreased, 5 as appropriate, by such amounts as may be justified 6 by reason of ordinary fluctuations in costs, as indi-7 cated by the Bureau of Reclamation Construction 8 Cost Index–Composite Trend. 9 (2) C ONSTRUCTION COSTS ADJUSTMENT .—The 10 amount appropriated under subsection (a) shall be 11 adjusted to address construction cost changes nec-12 essary to account for unforeseen market volatility 13 that may not otherwise be captured by engineering 14 cost indices, as determined by the Secretary, includ-15 ing repricing applicable to the types of construction 16 and current industry standards involved. 17 (3) R EPETITION.—The adjustment process 18 under this subsection shall be repeated for each sub-19 sequent amount appropriated until the applicable 20 amount, as adjusted, has been appropriated. 21 (4) P ERIOD OF INDEXING.—The period of in-22 dexing adjustment under this subsection for any in-23 crement of funding shall start on January 1, 2022, 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 25 •HR 1444 IH and end on the date on which the funds are depos-1 ited in the Trust Fund. 2 (c) S TATECOST-SHARE.—Pursuant to the Agree-3 ment, the State shall contribute— 4 (1) $750,000, for development and execution of 5 monitoring plans pursuant to the Agreement; and 6 (2) $500,000, to be deposited in an interest- 7 bearing account, to mitigate impairment to non-In-8 dian domestic and livestock groundwater rights as a 9 result of new Tribal water use. 10 SEC. 107. WAIVERS AND RELEASES OF CLAIMS. 11 (a) W AIVERS ANDRELEASES OFCLAIMS BYZUNI 12 T RIBE ANDUNITEDSTATES ASTRUSTEE FOR ZUNI 13 T RIBE.—Subject to the reservation of rights and retention 14 of claims under subsection (d), as consideration for rec-15 ognition of the Tribal Water Rights and other benefits de-16 scribed in the Agreement and this title, the Tribe and the 17 United States, acting as trustee for the Tribe, shall exe-18 cute a waiver and release of all claims for— 19 (1) water rights within the Zuni River Stream 20 System that the Tribe, or the United States acting 21 as trustee for the Tribe, asserted or could have as-22 serted in any proceeding, including the Adjudication, 23 on or before the Enforceability Date, except to the 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 26 •HR 1444 IH extent that such rights are recognized in the Agree-1 ment and this title; and 2 (2) damages, losses, or injuries to water rights 3 or claims of interference with, diversion of, or taking 4 of water rights (including claims for injury to land 5 resulting from such damages, losses, injuries, inter-6 ference, diversion, or taking of water rights) in the 7 Zuni River Stream System against any party to the 8 Agreement that accrued at any time up to and in-9 cluding the Enforceability Date. 10 (b) W AIVERS ANDRELEASES OFCLAIMS BYZUNI 11 T RIBEAGAINSTUNITEDSTATES.—Subject to the res-12 ervation of rights and retention of claims under subsection 13 (d), the Tribe shall execute a waiver and release of all 14 claims against the United States (including any agency 15 or employee of the United States) for water rights within 16 the Zuni River Stream System first arising before the En-17 forceability Date relating to— 18 (1) water rights within the Zuni River Stream 19 System that the United States, acting as trustee for 20 the Tribe, asserted or could have asserted in any 21 proceeding, including the Adjudication, except to the 22 extent that such rights are recognized as part of the 23 Tribal Water Rights under this title; 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 27 •HR 1444 IH (2) foregone benefits from non-Indian use of 1 water, on and off Zuni Lands (including water from 2 all sources and for all uses), within the Zuni River 3 Stream System; 4 (3) damage, loss, or injury to water, water 5 rights, land, or natural resources due to loss of 6 water or water rights (including damages, losses, or 7 injuries to hunting, fishing, gathering, or cultural 8 rights due to loss of water or water rights, claims 9 relating to interference with, diversion of, or taking 10 of water, or claims relating to a failure to protect, 11 acquire, replace, or develop water, water rights, or 12 water infrastructure) within the Zuni River Stream 13 System; 14 (4) a failure to establish or provide a municipal, 15 rural, or industrial water delivery system on Zuni 16 Lands within the Zuni River Stream System; 17 (5) damage, loss, or injury to water, water 18 rights, land, or natural resources due to construc-19 tion, operation, and management of irrigation 20 projects on Zuni Lands or Federal land (including 21 damages, losses, or injuries to fish habitat, wildlife, 22 and wildlife habitat) within the Zuni River Stream 23 System; 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 28 •HR 1444 IH (6) a failure to provide for operation, mainte-1 nance, or deferred maintenance for any irrigation 2 system or irrigation project within the Zuni River 3 Stream System; 4 (7) a failure to provide a dam safety improve-5 ment to a dam on Zuni Lands within the Zuni River 6 Stream System; 7 (8) the litigation of claims relating to any water 8 right of the Tribe within the Zuni River Stream Sys-9 tem; and 10 (9) the negotiation, execution, or adoption of 11 the Agreement and this title. 12 (c) E FFECTIVEDATE.—The waivers and releases de-13 scribed in subsections (a) and (b) shall take effect on the 14 Enforceability Date. 15 (d) R ESERVATION OF RIGHTS ANDRETENTION OF 16 C LAIMS.—Notwithstanding the waivers and releases under 17 subsections (a) and (b), the Tribe and the United States, 18 acting as trustee for the Tribe, shall retain all claims relat-19 ing to— 20 (1) the enforcement of, or claims accruing after 21 the Enforceability Date relating to, water rights rec-22 ognized under the Agreement, this title, or the Par-23 tial Final Judgment and Decree entered into in the 24 Adjudication; 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 29 •HR 1444 IH (2) activities affecting the quality of water, in-1 cluding claims under— 2 (A) the Comprehensive Environmental Re-3 sponse, Compensation, and Liability Act of 4 1980 (42 U.S.C. 9601 et seq.), including claims 5 for damages to natural resources; 6 (B) the Safe Drinking Water Act (42 7 U.S.C. 300f et seq.); 8 (C) the Federal Water Pollution Control 9 Act (33 U.S.C. 1251 et seq.); and 10 (D) any regulations implementing the Acts 11 described in subparagraphs (A) through (C); 12 (3) the right to use and protect water rights ac-13 quired after the date of enactment of this Act; 14 (4) damage, loss, or injury to land or natural 15 resources that is not due to loss of water or water 16 rights, including hunting, fishing, gathering, or cul-17 tural rights; 18 (5) all rights, remedies, privileges, immunities, 19 and powers not specifically waived and released pur-20 suant to this title or the Agreement; and 21 (6) loss of water or water rights in locations 22 outside of the Zuni River Stream System. 23 (e) E FFECT OFAGREEMENT AND TITLE.—Nothing 24 in the Agreement or this title— 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 30 •HR 1444 IH (1) reduces or extends the sovereignty (includ-1 ing civil and criminal jurisdiction) of any govern-2 ment entity; 3 (2) affects the ability of the United States, as 4 sovereign, to carry out any activity authorized by 5 law, including— 6 (A) the Comprehensive Environmental Re-7 sponse, Compensation, and Liability Act of 8 1980 (42 U.S.C. 9601 et seq.); 9 (B) the Safe Drinking Water Act (42 10 U.S.C. 300f et seq.); 11 (C) the Federal Water Pollution Control 12 Act (33 U.S.C. 1251 et seq.); 13 (D) the Solid Waste Disposal Act (42 14 U.S.C. 6901 et seq.); and 15 (E) any regulations implementing the Acts 16 described in subparagraphs (A) though (D); 17 (3) affects the ability of the United States to 18 act as trustee for the Tribe (consistent with this 19 title), any other Indian Tribe or Pueblo, or an allot-20 tee of any Indian Tribe or Pueblo; 21 (4) confers jurisdiction on any State court— 22 (A) to interpret Federal law relating to 23 health, safety, or the environment; 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 31 •HR 1444 IH (B) to determine the duties of the United 1 States or any other party under Federal law re-2 garding health, safety, or the environment; 3 (C) to conduct judicial review of any Fed-4 eral agency action; or 5 (D) to interpret Tribal law; or 6 (5) waives any claim of a member of the Tribe 7 in an individual capacity that does not derive from 8 a right of the Tribe. 9 (f) T OLLING OFCLAIMS.— 10 (1) I N GENERAL.—Each applicable period of 11 limitation and time-based equitable defense relating 12 to a claim described in this section shall be tolled for 13 the period beginning on the date of enactment of 14 this Act and ending on the Enforceability Date. 15 (2) E FFECT OF SUBSECTION .—Nothing in this 16 subsection revives any claim or tolls any period of 17 limitation or time-based equitable defense that ex-18 pired before the date of enactment of this Act. 19 (3) L IMITATION.—Nothing in this section pre-20 cludes the tolling of any period of limitation or any 21 time-based equitable defense under any other appli-22 cable law. 23 (g) E XPIRATION.— 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 32 •HR 1444 IH (1) IN GENERAL.—This title shall expire in any 1 case in which the Secretary fails to publish a state-2 ment of findings under section 109 by not later 3 than— 4 (A) July 1, 2030; or 5 (B) such alternative later date as is agreed 6 to by the Tribe and the Secretary, after pro-7 viding reasonable notice to the State. 8 (2) C ONSEQUENCES.—If this title expires under 9 paragraph (1)— 10 (A) the waivers and releases under sub-11 sections (a) and (b) shall— 12 (i) expire; and 13 (ii) have no further force or effect; 14 (B) the authorization, ratification, con-15 firmation, and execution of the Agreement 16 under section 103 shall no longer be effective; 17 (C) any action carried out by the Sec-18 retary, and any contract or agreement entered 19 into, pursuant to this title shall be void; 20 (D) any unexpended Federal funds appro-21 priated or made available to carry out the ac-22 tivities authorized by this title (together with 23 any interest earned on those funds), and any 24 water rights or contracts to use water, and title 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 33 •HR 1444 IH to any property acquired or constructed with 1 Federal funds appropriated or made available 2 to carry out the activities authorized by this 3 title shall be returned to the Federal Govern-4 ment, unless otherwise agreed to by the Tribe 5 and the United States and approved by Con-6 gress; and 7 (E) except for Federal funds used to ac-8 quire or construct property that is returned to 9 the Federal Government under subparagraph 10 (D), the United States shall be entitled to offset 11 any Federal funds made available to carry out 12 this title that were expended or withdrawn, or 13 any funds made available to carry out this title 14 from other Federal authorized sources, together 15 with any interest accrued on those funds, 16 against any claims against the United States— 17 (i) relating to— 18 (I) water rights in the State as-19 serted by— 20 (aa) the Tribe; or 21 (bb) any user of the Tribal 22 Water Rights; or 23 (II) any other matter described 24 in subsection (b); or 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 34 •HR 1444 IH (ii) in any future settlement of water 1 rights of the Tribe. 2 SEC. 108. SATISFACTION OF CLAIMS. 3 The benefits provided under this title shall be in com-4 plete replacement of, complete substitution for, and full 5 satisfaction of any claim of the Tribe against the United 6 States that is waived and released by the Tribe pursuant 7 to section 107(b). 8 SEC. 109. ENFORCEABILITY DATE. 9 The Enforceability Date shall be the date on which 10 the Secretary publishes in the Federal Register a state-11 ment of findings that— 12 (1) to the extent that the Agreement conflicts 13 with this title, the Agreement has been amended to 14 conform with this title; 15 (2) the Agreement, as amended, has been exe-16 cuted by all parties to the Agreement, including the 17 United States; 18 (3) the United States District Court for the 19 District of New Mexico has approved the Agreement 20 and has entered a Partial Final Judgment and De-21 cree; 22 (4) all of the amounts appropriated under sub-23 sections (a) and (b) of section 106 have been appro-24 priated and deposited in the Zuni Tribe Water 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 35 •HR 1444 IH Rights Settlement Trust Account established under 1 section 105(b)(1) or the Zuni Tribe Operation, 2 Maintenance, & Replacement Trust Account estab-3 lished under section 105(b)(2), as applicable; 4 (5) the State has— 5 (A) provided the funding under section 6 106(c); and 7 (B) enacted legislation to amend State law 8 to provide that the Tribal Water Rights may be 9 leased for a term of not to exceed 99 years, in-10 cluding renewals; and 11 (6) the waivers and releases under section 107 12 have been executed by the Tribe and the Secretary. 13 SEC. 110. MISCELLANEOUS PROVISIONS. 14 (a) N OWAIVER OFSOVEREIGNIMMUNITY BY THE 15 U NITEDSTATES.—Nothing in this title waives the sov-16 ereign immunity of the United States. 17 (b) O THERTRIBESNOTADVERSELYAFFECTED.— 18 Nothing in this title quantifies or diminishes any land or 19 water right, or any claim or entitlement to land or water, 20 of an Indian Tribe, band, Pueblo, or community other 21 than the Tribe. 22 (c) E FFECT ONCURRENTLAW.—Nothing in this 23 title affects any provision of law (including regulations) 24 in effect on the day before the date of enactment of this 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 36 •HR 1444 IH Act with respect to pre-enforcement review of any Federal 1 environmental enforcement action. 2 (d) C ONFLICT.—In the event of a conflict between 3 the Agreement and this title, this title shall control. 4 SEC. 111. RELATION TO ALLOTTEES. 5 (a) N OEFFECT ONCLAIMS OFALLOTTEES.—Noth-6 ing in this Act or the Agreement affects the rights or 7 claims of Allottees, or the United States, acting in its ca-8 pacity as trustee for or on behalf of Allottees, for water 9 rights or damages relating to land allotted by the United 10 States to Allottees. 11 (b) R ELATIONSHIP OFDECREE TOALLOTTEES.— 12 (1) S EPARATE ADJUDICATION .—Regardless of 13 whether an Allotment is patented pursuant to sec-14 tion 1 of the Act of February 8, 1887 (commonly 15 known as the ‘‘Indian General Allotment Act’’) (24 16 Stat. 388, chapter 119; 25 U.S.C. 331) (as in effect 17 on the day before the date of enactment of the In-18 dian Land Consolidation Act Amendments of 2000 19 (Public Law 106–462; 114 Stat. 1991)), or section 20 4 of that Act (24 Stat. 389, chapter 119; 25 U.S.C. 21 334), as determined by the Secretary, when adju-22 dicated— 23 (A) water rights for Allotments shall be 24 separate from the Tribal Water Rights; and 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 37 •HR 1444 IH (B) no water rights for Allotments shall be 1 included in the Partial Final Judgment and De-2 cree. 3 (2) A LLOTMENT WATER RIGHTS .—Allotment 4 water rights adjudicated separately pursuant to 5 paragraph (1) shall not be subject to the restrictions 6 or conditions that apply to the use of the Tribal 7 Water Rights, subject to the condition that if an Al-8 lotment governed by the Act of February 8, 1887 9 (commonly known as the ‘‘Indian General Allotment 10 Act’’) (24 Stat. 388, chapter 119; 25 U.S.C. 331 et 11 seq.), becomes Zuni Lands, the water rights associ-12 ated with that Allotment shall be subject to the re-13 strictions and conditions on the Tribal Water Rights 14 set forth in this Act and the Agreement. 15 (3) A LLOTTEE WATER RIGHTS TO BE ADJU -16 DICATED.—Allottees, or the United States, acting in 17 its capacity as trustee for Allottees, may make water 18 rights claims, and such claims may be adjudicated in 19 the Zuni River Stream System. 20 SEC. 112. ANTIDEFICIENCY. 21 The United States shall not be liable for any failure 22 to carry out any obligation or activity authorized by this 23 title, including any obligation or activity under the Agree-24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 38 •HR 1444 IH ment, if adequate appropriations are not provided ex-1 pressly by Congress to carry out the purposes of this title. 2 TITLE II—ZUNI SALT LAKE AND 3 SANCTUARY PROTECTION 4 SEC. 201. DEFINITIONS. 5 In this title: 6 (1) C ASUAL COLLECTING .—The term ‘‘casual 7 collecting’’ has the meaning given the term in sec-8 tion 6301 of the Omnibus Public Land Management 9 Act of 2009 (16 U.S.C. 470aaa). 10 (2) F EDERAL LAND.—The term ‘‘Federal land’’ 11 means— 12 (A) any Federal land or interest in Federal 13 land that is within the boundary of the Zuni 14 Salt Lake and Sanctuary; and 15 (B) any land or interest in land located 16 within the boundary of the Zuni Salt Lake and 17 Sanctuary that is acquired by the Federal Gov-18 ernment after the date of enactment of this 19 Act. 20 (3) M AP.—The term ‘‘Map’’ means the map en-21 titled ‘‘Legislative Map for Zuni Tribe Water Settle-22 ment’’ and dated June 17, 2024. 23 (4) Z UNI SALT LAKE AND SANCTUARY .—The 24 term ‘‘Zuni Salt Lake and Sanctuary’’ means the 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 39 •HR 1444 IH approximately 217,037 acres located in the State 1 comprised of a mixture of private, Tribal trust, 2 State, and Bureau of Land Management-managed 3 lands, as depicted on the Map, protected by New 4 Mexico Office of the State Engineer Order No. 199 5 (July 5, 2023) due to the historical and cultural sig-6 nificance of those lands. 7 SEC. 202. WITHDRAWAL OF CERTAIN FEDERAL LAND IN 8 NEW MEXICO. 9 (a) W ITHDRAWAL OF FEDERALLAND.—Subject to 10 valid existing rights and section 204(a)(3), effective on the 11 date of enactment of this Act, the Federal land described 12 in section 201(2)(A), comprising approximately 92,364 13 acres, is withdrawn from all forms of— 14 (1) entry, appropriation, or disposal under the 15 public land laws; 16 (2) location, entry, and patent under the mining 17 laws; and 18 (3) disposition under all laws pertaining to min-19 eral and geothermal leasing or mineral materials. 20 (b) W ITHDRAWAL OF LANDACQUIRED.—Subject to 21 valid existing rights and section 204(a)(3), effective on the 22 date on which the land described in section 201(2)(B) is 23 acquired by the Federal Government, that Federal land 24 is withdrawn from all forms of— 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 40 •HR 1444 IH (1) entry, appropriation, or disposal under the 1 public land laws; 2 (2) location, entry, and patent under the mining 3 laws; and 4 (3) disposition under all laws pertaining to min-5 eral and geothermal leasing or mineral materials. 6 (c) R ESERVATION.—The Federal land withdrawn 7 under this section is reserved for— 8 (1) the protection of the Zuni Salt Lake and 9 Sanctuary; 10 (2) the quality and quantity of water resources 11 that supply the Zuni Salt Lake; and 12 (3) any cultural resources or values within or 13 associated with the Zuni Salt Lake and Sanctuary. 14 SEC. 203. MANAGEMENT OF FEDERAL LAND. 15 (a) I NGENERAL.—In addition to the requirements 16 of section 202, the Secretary, acting through the Director 17 of the Bureau of Land Management, shall manage the 18 Federal land withdrawn under that section in accordance 19 with the Federal Land Policy and Management Act of 20 1976 (43 U.S.C. 1701 et seq.), in consultation with the 21 Tribe, to protect the Zuni Salt Lake and Sanctuary, the 22 quality and quantity of water resources that supply the 23 Zuni Salt Lake, and any cultural resources or values with-24 in or associated with the Zuni Salt Lake and Sanctuary. 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 41 •HR 1444 IH (b) SPECIFICRESTRICTIONS.—The following restric-1 tions shall apply to the Federal land described in sub-2 section (a): 3 (1) Except where needed for administrative or 4 emergency purposes, motor vehicle use shall be lim-5 ited to designated routes, which shall not impact the 6 values of the Zuni Salt Lake and Sanctuary. 7 (2) No water wells or extension or expansion of 8 any existing water wells may be authorized after the 9 date of enactment of this Act, except that replace-10 ment water wells may be authorized in the event of 11 failure of an existing water well. 12 (3) No increase in existing permitted grazing 13 use may be authorized. 14 (4) No new rights-of-way or leases may be 15 issued, except for geophysical, geologic, or hydrologic 16 operations limited to research or monitoring to un-17 derstand and protect the Zuni Salt Lake or for re-18 gional scientific study. 19 (5) No sale or free use of timber may be au-20 thorized. 21 (6) Casual collecting shall not be authorized. 22 SEC. 204. TRANSFER OF LAND INTO TRUST. 23 (a) F EDERALLANDTRANSFERS.— 24 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 42 •HR 1444 IH (1) IN GENERAL.—On the Enforceability Date, 1 and subject to valid existing rights and the require-2 ments of this section, the Secretary shall take into 3 trust for the benefit of the Tribe all right, title, and 4 interest of the United States in and to the land de-5 scribed as ‘‘Tribal Acquisition Area’’ on the Map. 6 (2) T ERMS AND CONDITIONS .— 7 (A) E XISTING AUTHORIZATIONS .— 8 (i) I N GENERAL.—Land taken into 9 trust under this subsection shall be subject 10 to valid existing rights, contracts, leases, 11 permits, and rights-of-way, unless the hold-12 er of the right, contract, lease, permit, or 13 right-of-way requests an earlier termi-14 nation in accordance with existing law. 15 (ii) A SSUMPTION BY BUREAU OF IN -16 DIAN AFFAIRS.—The Bureau of Indian Af-17 fairs shall— 18 (I) assume all benefits and obli-19 gations of the previous land manage-20 ment agency under the existing rights, 21 contracts, leases, permits, and rights- 22 of-way described in clause (i); and 23 (II) disburse to the Tribe any 24 amounts that accrue to the United 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 43 •HR 1444 IH States from those rights, contracts, 1 leases, permits, and rights-of-way 2 after the date on which the land is 3 taken into trust from any sale, bonus, 4 royalty, or rental relating to that land 5 in the same manner as amounts re-6 ceived from other land held by the 7 Secretary in trust for the Tribe. 8 (B) P ERSONAL PROPERTY .— 9 (i) I N GENERAL.—Any improvements 10 constituting personal property (as defined 11 by State law) belonging to the holder of a 12 right, contract, lease, permit, or right-of- 13 way on land taken into trust under this 14 subsection shall— 15 (I) remain the property of the 16 holder; and 17 (II) be removed from the land 18 not later than 90 days after the date 19 on which the right, contract, lease, 20 permit, or right-of-way expires, unless 21 the Tribe and the holder agree other-22 wise. 23 (ii) R EMAINING PROPERTY.—Any per-24 sonal property described in clause (i) re-25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 44 •HR 1444 IH maining beyond the 90-day period de-1 scribed in subclause (II) of that clause 2 shall— 3 (I) become the property of the 4 Tribe; and 5 (II) be subject to removal and 6 disposition at the discretion of the 7 Tribe. 8 (iii) L IABILITY OF PREVIOUS HOLD -9 ER.—The holder of personal property de-10 scribed in clause (i) shall be liable to the 11 Tribe for costs incurred by the Tribe in re-12 moving and disposing of the property 13 under clause (ii)(II). 14 (3) T ERMINATION OF WITHDRAWAL OF FED -15 ERAL LAND.—The withdrawal of Federal land pur-16 suant to section 202 shall terminate, as to the land 17 described in paragraph (1), on the date on which the 18 land is taken into trust under that paragraph. 19 (4) S TATUS OF WATER RIGHTS ON TRANS -20 FERRED LAND.—Any water rights associated with 21 land taken into trust under paragraph (1)— 22 (A) shall be held in trust for the Tribe; but 23 (B) shall not be included in the Tribal 24 Water Rights. 25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 45 •HR 1444 IH (b) FUTURETRUSTLAND.—On acquisition by the 1 Tribe of any land depicted as ‘‘Potential Future Acquisi-2 tion Areas’’ on the Map, the Secretary shall take legal title 3 in and to that land into trust for the benefit of the Tribe, 4 subject to the conditions that— 5 (1) the land shall be free from any liens, en-6 cumbrances, or other infirmities; and 7 (2) no evidence exists of any hazardous sub-8 stances on, or other environmental liability with re-9 spect to, the land. 10 SEC. 205. MAPS AND LEGAL DESCRIPTIONS. 11 (a) P REPARATION OF MAPS ANDLEGALDESCRIP-12 TIONS.—As soon as practicable after the date of enact-13 ment of this Act, the Secretary shall— 14 (1) prepare maps depicting— 15 (A) the land withdrawn under section 202; 16 and 17 (B) the land taken into trust under section 18 204; and 19 (2) publish in the Federal Register a notice 20 containing the legal descriptions of land described in 21 subparagraphs (A) and (B) of paragraph (1). 22 (b) L EGALEFFECT.—Maps and legal descriptions 23 prepared and published under subsection (a) shall have 24 the same force and effect as if the maps and legal descrip-25 VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 46 •HR 1444 IH tions were included in this title, except that the Secretary 1 may correct any clerical and typographical errors in such 2 maps and legal descriptions. 3 (c) A VAILABILITY.—Copies of maps and legal de-4 scriptions prepared and published under subsection (a) 5 shall be available for public inspection in the appropriate 6 offices of the Bureau of Land Management. 7 Æ VerDate Sep 11 2014 08:19 Mar 12, 2025 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6301 E:\BILLS\H1444.IH H1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB