S564-119

1. Short title; table of contents This Act may be cited as the Zuni Indian Tribe Water Rights Settlement Act of 2025. The table of contents for this Act is as follows:

2. Definitions In this Act: The term Enforceability Date means the date described in section 109. The term Secretary means the Secretary of the Interior. The term State means the State of New Mexico. The term Tribal Water Rights means the water rights of the Tribe in the Zuni River Stream System (as defined in section 102)— as identified in the Agreement and section 104; and as confirmed in the Partial Final Judgment and Decree (as defined in section 102). The term Tribal Water Rights does not include— 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 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)). The term Tribe means the Zuni Tribe of the Zuni Reservation, a federally recognized Indian Tribe.

101. Purposes The purposes of this title are— to achieve a fair, equitable, and final settlement of all claims to water rights in the Zuni River Stream System in the State for— the Tribe; and the United States, acting as trustee for the Tribe; 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; to authorize and direct the Secretary— to execute the Agreement; and to take any other actions necessary to carry out the Agreement in accordance with this title; and to authorize funds necessary for the implementation of the Agreement and this title.

102. Definitions In this title: 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. The term Agreement means— 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 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. The term Allotment means— 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 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. The term Allottee means— an individual Indian holding a beneficial interest in an Allotment; or an Indian Tribe holding an undivided fractional beneficial interest in an Allotment. 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— that is substantially in the form described in the Agreement, as amended to ensure consistency with this title; and from which no further appeal may be taken. The term Trust Fund means the Zuni Tribe Settlement Trust Fund established under section 105(a). 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— Executive Order of March 16, 1877 (relating to Zuni Pueblo reserve), as amended by Executive Order of May 1, 1883 (relating to Zuni Reserve); Presidential Proclamation 1412, dated November 30, 1917; the Act of June 20, 1935 (49 Stat. 393, chapter 282); the Act of August 13, 1949 (63 Stat. 604, chapter 425); and the Warranty Deed recorded on July 16, 1997, in Book 6, Page 5885 of the Cibola County Records. 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.

103. Ratification of Agreement 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. 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. 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. 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. In implementing the Agreement and this title, the Secretary shall comply with— the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and all other applicable Federal environmental laws and regulations. In implementing the Agreement and this title, the Tribe shall prepare any necessary environmental documents, consistent with— the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and all other applicable Federal environmental laws and regulations. The Secretary shall— independently evaluate the documentation required under subparagraph (A); and be responsible for the accuracy, scope, and contents of that documentation. 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.). 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.

104. 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. The Tribal Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. 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. Any use of the Tribal Water Rights shall be subject to the terms and conditions of the Agreement and this title. The Tribal Water Rights do not include any water rights for an Allotment. Nothing in this title quantifies or diminishes any water right, or any claim or entitlement to water, of an Allottee. Any use of water on an Allotment shall be accounted for out of the Tribal Water Rights recognized in the Agreement, including recognition of— any water use existing on an Allotment as of the date of enactment of this Act; reasonable domestic, stock, and irrigation water uses put into use on an Allotment; and any water right decreed to the United States in trust for an Allottee in the Adjudication for use on an Allotment. 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— any water use existing on an Allotment as of the date of enactment of this Act; reasonable domestic, stock, and irrigation water uses on an Allotment; and any water right decreed to the United States in trust for an Allottee in the Adjudication. 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). 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. The maximum term of any lease, including all renewals, under this paragraph shall not exceed 99 years. The Tribe shall not permanently alienate any portion of the Tribal Water Rights. 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. 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.

107. Waivers and releases of claims Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Tribal Water Rights and other benefits described in the Agreement and this title, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for— water rights within the Zuni River Stream System that the Tribe, or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including the Adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the Agreement and this title; and damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water rights (including claims for injury to land resulting from such damages, losses, injuries, interference, diversion, or taking of water rights) in the Zuni River Stream System against any party to the Agreement that accrued at any time up to and including the Enforceability Date. Subject to the reservation of rights and retention of claims under subsection (d), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the Zuni River Stream System first arising before the Enforceability Date relating to— water rights within the Zuni River Stream System that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including the Adjudication, except to the extent that such rights are recognized as part of the Tribal Water Rights under this title; foregone benefits from non-Indian use of water, on and off Zuni Lands (including water from all sources and for all uses), within the Zuni River Stream System; damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the Zuni River Stream System; a failure to establish or provide a municipal, rural, or industrial water delivery system on Zuni Lands within the Zuni River Stream System; damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Zuni Lands or Federal land (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Zuni River Stream System; a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Zuni River Stream System; a failure to provide a dam safety improvement to a dam on Zuni Lands within the Zuni River Stream System; the litigation of claims relating to any water right of the Tribe within the Zuni River Stream System; and the negotiation, execution, or adoption of the Agreement and this title. The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date. Notwithstanding the waivers and releases under subsections (a) and (b), the Tribe and the United States, acting as trustee for the Tribe, shall retain all claims relating to— the enforcement of, or claims accruing after the Enforceability Date relating to, water rights recognized under the Agreement, this title, or the Partial Final Judgment and Decree entered into in the Adjudication; activities affecting the quality of water, including claims under— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including claims for damages to natural resources; the Safe Drinking Water Act (42 U.S.C. 300f et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and any regulations implementing the Acts described in subparagraphs (A) through (C); the right to use and protect water rights acquired after the date of enactment of this Act; damage, loss, or injury to land or natural resources that is not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this title or the Agreement; and loss of water or water rights in locations outside of the Zuni River Stream System. Nothing in the Agreement or this title— reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; affects the ability of the United States, as sovereign, to carry out any activity authorized by law, including— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); the Safe Drinking Water Act (42 U.S.C. 300f et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and any regulations implementing the Acts described in subparagraphs (A) though (D); affects the ability of the United States to act as trustee for the Tribe (consistent with this title), any other Indian Tribe or Pueblo, or an allottee of any Indian Tribe or Pueblo; confers jurisdiction on any State court— to interpret Federal law relating to health, safety, or the environment; to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; to conduct judicial review of any Federal agency action; or to interpret Tribal law; or waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe. Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. Nothing in this section precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. This title shall expire in any case in which the Secretary fails to publish a statement of findings under section 109 by not later than— July 1, 2030; or such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State. If this title expires under paragraph (1)— the waivers and releases under subsections (a) and (b) shall— expire; and have no further force or effect; the authorization, ratification, confirmation, and execution of the Agreement under section 103 shall no longer be effective; any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this title shall be void; any unexpended Federal funds appropriated or made available to carry out the activities authorized by this title (together with any interest earned on those funds), and any water rights or contracts to use water, and title to any property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this title shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this title that were expended or withdrawn, or any funds made available to carry out this title from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— relating to— water rights in the State asserted by— the Tribe; or any user of the Tribal Water Rights; or any other matter described in subsection (b); or in any future settlement of water rights of the Tribe.

108. Satisfaction of claims The benefits provided under this title shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Tribe against the United States that is waived and released by the Tribe pursuant to section 107(b).

109. Enforceability date The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— to the extent that the Agreement conflicts with this title, the Agreement has been amended to conform with this title; the Agreement, as amended, has been executed by all parties to the Agreement, including the United States; the United States District Court for the District of New Mexico has approved the Agreement and has entered a Partial Final Judgment and Decree; all of the amounts appropriated under subsections (a) and (b) of section 106 have been appropriated and deposited in the Zuni Tribe Water Rights Settlement Trust Account established under section 105(b)(1) or the Zuni Tribe Operation, Maintenance, & Replacement Trust Account established under section 105(b)(2), as applicable; the State has— provided the funding under section 106(c); and enacted legislation to amend State law to provide that the Tribal Water Rights may be leased for a term of not to exceed 99 years, including renewals; and the waivers and releases under section 107 have been executed by the Tribe and the Secretary.

110. Miscellaneous provisions Nothing in this title waives the sovereign immunity of the United States. Nothing in this title quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, Pueblo, or community other than the Tribe. Nothing in this title affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. In the event of a conflict between the Agreement and this title, this title shall control.

111. Relation to Allottees Nothing in this Act or the Agreement affects the rights or claims of Allottees, or the United States, acting in its capacity as trustee for or on behalf of Allottees, for water rights or damages relating to land allotted by the United States to Allottees. Regardless of whether an Allotment is patented pursuant to section 1 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act) (24 Stat. 388, chapter 119; 25 U.S.C. 331) (as in effect on the day before the date of enactment of the Indian Land Consolidation Act Amendments of 2000 (Public Law 106–462; 114 Stat. 1991)), or section 4 of that Act (24 Stat. 389, chapter 119; 25 U.S.C. 334), as determined by the Secretary, when adjudicated— water rights for Allotments shall be separate from the Tribal Water Rights; and no water rights for Allotments shall be included in the Partial Final Judgment and Decree. Allotment water rights adjudicated separately pursuant to paragraph (1) shall not be subject to the restrictions or conditions that apply to the use of the Tribal Water Rights, subject to the condition that if an Allotment governed by the Act of February 8, 1887 (commonly known as the Indian General Allotment Act) (24 Stat. 388, chapter 119; 25 U.S.C. 331 et seq.), becomes Zuni Lands, the water rights associated with that Allotment shall be subject to the restrictions and conditions on the Tribal Water Rights set forth in this Act and the Agreement. Allottees, or the United States, acting in its capacity as trustee for Allottees, may make water rights claims, and such claims may be adjudicated in the Zuni River Stream System.

112. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this title, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this title.

201. Definitions In this title: The term casual collecting has the meaning given the term in section 6301 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 470aaa). The term Federal land means— any Federal land or interest in Federal land that is within the boundary of the Zuni Salt Lake and Sanctuary; and any land or interest in land located within the boundary of the Zuni Salt Lake and Sanctuary that is acquired by the Federal Government after the date of enactment of this Act. The term Map means the map entitled Legislative Map for Zuni Tribe Water Settlement and dated June 17, 2024. The term Zuni Salt Lake and Sanctuary means the approximately 217,037 acres located in the State comprised of a mixture of private, Tribal trust, State, and Bureau of Land Management-managed lands, as depicted on the Map, protected by New Mexico Office of the State Engineer Order No. 199 (July 5, 2023) due to the historical and cultural significance of those lands.

202. Withdrawal of certain Federal land in New Mexico Subject to valid existing rights and section 204(a)(3), effective on the date of enactment of this Act, the Federal land described in section 201(2)(A), comprising approximately 92,364 acres, is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Subject to valid existing rights and section 204(a)(3), effective on the date on which the land described in section 201(2)(B) is acquired by the Federal Government, that Federal land is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. The Federal land withdrawn under this section is reserved for— the protection of the Zuni Salt Lake and Sanctuary; the quality and quantity of water resources that supply the Zuni Salt Lake; and any cultural resources or values within or associated with the Zuni Salt Lake and Sanctuary.

203. Management of Federal land In addition to the requirements of section 202, the Secretary, acting through the Director of the Bureau of Land Management, shall manage the Federal land withdrawn under that section in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), in consultation with the Tribe, to protect the Zuni Salt Lake and Sanctuary, the quality and quantity of water resources that supply the Zuni Salt Lake, and any cultural resources or values within or associated with the Zuni Salt Lake and Sanctuary. The following restrictions shall apply to the Federal land described in subsection (a): Except where needed for administrative or emergency purposes, motor vehicle use shall be limited to designated routes, which shall not impact the values of the Zuni Salt Lake and Sanctuary. No water wells or extension or expansion of any existing water wells may be authorized after the date of enactment of this Act, except that replacement water wells may be authorized in the event of failure of an existing water well. No increase in existing permitted grazing use may be authorized. No new rights-of-way or leases may be issued, except for geophysical, geologic, or hydrologic operations limited to research or monitoring to understand and protect the Zuni Salt Lake or for regional scientific study. No sale or free use of timber may be authorized. Casual collecting shall not be authorized.

204. Transfer of land into trust On the Enforceability Date, and subject to valid existing rights and the requirements of this section, the Secretary shall take into trust for the benefit of the Tribe all right, title, and interest of the United States in and to the land described as Tribal Acquisition Area on the Map. Land taken into trust under this subsection shall be subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall— assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, and rights-of-way described in clause (i); and disburse to the Tribe any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-way after the date on which the land is taken into trust from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. Any improvements constituting personal property (as defined by State law) belonging to the holder of a right, contract, lease, permit, or right-of-way on land taken into trust under this subsection shall— remain the property of the holder; and be removed from the land not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Tribe and the holder agree otherwise. Any personal property described in clause (i) remaining beyond the 90-day period described in subclause (II) of that clause shall— become the property of the Tribe; and be subject to removal and disposition at the discretion of the Tribe. The holder of personal property described in clause (i) shall be liable to the Tribe for costs incurred by the Tribe in removing and disposing of the property under clause (ii)(II). The withdrawal of Federal land pursuant to section 202 shall terminate, as to the land described in paragraph (1), on the date on which the land is taken into trust under that paragraph. Any water rights associated with land taken into trust under paragraph (1)— shall be held in trust for the Tribe; but shall not be included in the Tribal Water Rights. On acquisition by the Tribe of any land depicted as Potential Future Acquisition Areas on the Map, the Secretary shall take legal title in and to that land into trust for the benefit of the Tribe, subject to the conditions that— the land shall be free from any liens, encumbrances, or other infirmities; and no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land.

205. Maps and legal descriptions As soon as practicable after the date of enactment of this Act, the Secretary shall— prepare maps depicting— the land withdrawn under section 202; and the land taken into trust under section 204; and publish in the Federal Register a notice containing the legal descriptions of land described in subparagraphs (A) and (B) of paragraph (1). Maps and legal descriptions prepared and published under subsection (a) shall have the same force and effect as if the maps and legal descriptions were included in this title, except that the Secretary may correct any clerical and typographical errors in such maps and legal descriptions. Copies of maps and legal descriptions prepared and published under subsection (a) shall be available for public inspection in the appropriate offices of the Bureau of Land Management.