What does Preamble of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This bill, formally titled '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,' aims to approve a settlement of water rights claims for the Zuni Indian Tribe. The bill seeks to protect the Zuni Salt Lake. The bill was introduced in the Senate on February 13, 2025, by Mr. Heinrich and Mr. Lujan.

What does DEFINITIONS. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section defines terms used throughout the Act. The 'Enforceability Date' is defined as the date described in section 109. The 'Secretary' refers to the Secretary of the Interior. The 'State' is defined as the State of New Mexico. ‘Tribal Water Rights’ refers to the water rights of the Zuni Tribe in the Zuni River Stream System, as identified in the Agreement and section 104, and confirmed in the Partial Final Judgment and Decree. Certain interests in allotments patented under the Indian General Allotment Act or other authorities are excluded from the definition of 'Tribal Water Rights'. The 'Tribe' is defined as the Zuni Tribe of the Zuni Reservation, a federally recognized Indian Tribe.

What does PURPOSES. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section outlines the purposes of the title. It aims to settle claims to water rights in the Zuni River Stream System. The settlement applies to claims of the Tribe and the United States, acting as trustee for the Tribe. The title authorizes, ratifies, and confirms an agreement between the Tribe, the State, and other parties. The Secretary is authorized to execute the agreement and take actions to implement it. Funds are authorized for the implementation of the agreement and the title.

What does DEFINITIONS. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section defines terms used within the title of the Act. “Adjudication” refers to a specific water rights case in the United States District Court for the District of New Mexico. “Agreement” means a settlement agreement related to water rights of the Zuni Indian Tribe in the Zuni River Basin, and any amendments ensuring consistency with the Act. “Allotment” refers to parcels of land held in trust by the United States for individual Indians or Tribes, both on and off Zuni Lands, identified by specific patent numbers. “Allottee” means an individual Indian or Indian Tribe holding a beneficial interest in an Allotment. “Partial Final Judgment and Decree” refers to a court judgment regarding the Tribe’s water rights, substantially in the form of the Agreement. “Trust Fund” is defined as the Zuni Tribe Settlement Trust Fund established under section 105(a). “Zuni Lands” encompasses land held in trust or owned by the Tribe, as of a specific filing date, including land withdrawn by various executive orders, proclamations, and acts. “Zuni River Stream System” refers to a drainage basin identified in a court order related to the Adjudication.

What does RATIFICATION OF AGREEMENT. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section ratifies and confirms the Agreement, subject to modifications and limitations outlined in the title. Amendments to the Agreement, requiring the Secretary's signature, are also authorized, ratified, and confirmed if consistent with the title. The Secretary is authorized to execute the Agreement and its attachments, provided they do not conflict with the title. The Secretary can approve modifications to the Agreement consistent with the title, unless congressional approval is otherwise required. Implementation of the Agreement requires compliance with the Endangered Species Act, the National Environmental Policy Act, and other applicable federal environmental laws and regulations. The Tribe is responsible for preparing necessary environmental documents in compliance with relevant federal laws. The Secretary is responsible for independently evaluating the Tribe's environmental documentation and ensuring its accuracy. The execution of the Agreement does not constitute a major federal action under the National Environmental Policy Act. Costs associated with environmental compliance activities are to be paid from the Trust Fund, with certain costs remaining the Secretary's responsibility.

What does TRIBAL WATER RIGHTS. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section establishes that Tribal Water Rights are held in trust by the United States on behalf of the Tribe. The Tribal Water Rights are protected from loss through non-use, forfeiture, abandonment, or other legal operations. State-law based water rights acquired by the Tribe after a specific date are also protected from forfeiture and alienation. Any use of the Tribal Water Rights is subject to the terms of the Agreement and this title. The Tribal Water Rights do not include water rights for allotments. Existing water rights or claims of Allottees are not diminished by this title. Water use on allotments will be accounted for within the recognized Tribal Water Rights, including existing uses and reasonable domestic, stock, and irrigation uses. The Tribe is obligated to recognize reasonable water uses on allotments and administer water use on Zuni Lands according to federal law. The Tribe has authority to allocate, distribute, and lease Tribal Water Rights for use on Zuni Lands, referencing the Long-Term Leasing Act. The Tribe may lease Tribal Water Rights for use off Zuni Lands with Secretary approval, with a maximum lease term of 99 years. The Tribe cannot permanently alienate any portion of the Tribal Water Rights. Authorizations under this title satisfy requirements for actions under federal law.

What does SETTLEMENT TRUST FUND. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section establishes the “Zuni Tribe Settlement Trust Fund” to be managed, invested, and distributed by the Secretary. The Trust Fund will consist of amounts deposited under section 106(a), investment earnings, and remain available until expended. The Trust Fund includes two accounts: the Zuni Tribe Water Rights Settlement Trust Account and the Zuni Tribe Operation, Maintenance, & Replacement Trust Account. The Secretary will manage the Trust Fund consistent with existing authorities related to Indian trust fund management. Initially, $50,000,000 will be available to the Tribe for specific uses, including economic water development plans and groundwater well installation. The Tribe can withdraw funds through a Tribal management plan approved by the Secretary or through an approved expenditure plan. The Zuni Tribe Water Rights Settlement Trust Account funds are designated for water infrastructure projects, water acquisition, and related activities. The Zuni Tribe Operation, Maintenance, & Replacement Trust Account funds are for operation, maintenance, and replacement of water infrastructure. The Tribe is responsible for all operation, maintenance, and replacement costs of projects funded by the Trust Fund. The Tribe must annually submit expenditure reports to the Secretary detailing fund usage and accomplishments.

What does FUNDING. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section establishes funding for the Zuni Tribe Water Rights Settlement and related operations. It mandates the transfer of $655,500,000 to the Zuni Tribe Water Rights Settlement Trust Account and $29,500,000 to the Zuni Tribe Operation, Maintenance, & Replacement Trust Account. The appropriated amounts are subject to adjustments based on fluctuations in construction costs, as indicated by the Bureau of Reclamation Construction Cost Index-Composite Trend. The Secretary has the authority to adjust the appropriated amounts to address unforeseen market volatility. The indexing period for adjustments starts on January 1, 2022, and ends upon fund deposit. The State is required to contribute $750,000 for monitoring plans and $500,000 to mitigate groundwater rights impairment.

What does WAIVERS AND RELEASES OF CLAIMS. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section outlines waivers and releases of claims by the Zuni Tribe and the United States, acting as trustee for the Tribe, as consideration for recognition of Tribal Water Rights and other benefits. The Tribe waives claims related to water rights within the Zuni River Stream System asserted or that could have been asserted before a specified Enforceability Date, with exceptions for rights recognized in the Agreement. The Tribe also waives claims against the United States for water rights, foregone benefits, and damages related to water within the Zuni River Stream System, arising before the Enforceability Date. Certain claims are specifically reserved, including those related to the enforcement of water rights recognized under the Agreement, activities affecting water quality, and rights acquired after the Act's enactment. The waivers and releases take effect on the Enforceability Date. The Agreement and this title do not reduce tribal sovereignty, affect the United States' ability to carry out authorized activities, or confer jurisdiction on State courts to interpret Federal law. Periods of limitation relating to claims described in this section are tolled until the Enforceability Date. This title expires if the Secretary fails to publish a statement of findings by July 1, 2030, or an agreed-upon later date, leading to the expiration of waivers and releases, and other consequences including the return of Federal funds.

What does SATISFACTION OF CLAIMS. of Zuni Indian Tribe Water Rights Settlement Act of 2025 do?

This section establishes that benefits provided under the title replace, substitute for, and fully satisfy any waived and released claim the Tribe has against the United States. The satisfaction of claims is contingent upon the Tribe waiving and releasing claims as specified in section 107(b).

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Zuni Indian Tribe Water Rights Settlement Act of 2025

Last updated: 3/5/2025 · Introduced: 2/13/2025

Author: Martin Heinrich (D-NM)

TL;DR (AI)

The Zuni Indian Tribe Water Rights Settlement Act of 2025 settles the Tribe's water rights claims in the Zuni River Stream System and protects the Zuni Salt Lake.
The Act establishes the Zuni Tribe Settlement Trust Fund to manage and distribute funds for the implementation of the settlement agreement and water infrastructure projects.
The Tribe is authorized to allocate, distribute, and lease Tribal Water Rights for use on Zuni Lands, with the option to lease rights for use off Zuni Lands with Secretary approval.
The Act withdraws certain federal land in New Mexico from entry, appropriation, and disposal to protect the Zuni Salt Lake and Sanctuary, and directs the Secretary to manage this land in accordance with the Federal Land Policy and Management Act of 1976.
The Act provides funding for the settlement, including $655,500,000 for the Zuni Tribe Water Rights Settlement Trust Account and $29,500,000 for the Zuni Tribe Operation, Maintenance, & Replacement Trust Account.

119th Congressin committeeOfficial page

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Includes provisions on preamble, definitions..

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TITLE I

-ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT

12 sections

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TITLE II

-ZUNI SALT LAKE AND SANCTUARY PROTECTION

5 sections

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