,,ii #aahth ,,congress #b;d ,session ,s4 #dfdc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #i1 #bjbd,mr4 ,heinrich 7for himself and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to approve the settlement of water rights claims of the ,zuni ,indian ,tribe in the ,zuni ,river ,stream ,system in the ,state of ,new ,mexico1 to protect the ,zuni ,salt ,lake1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,zuni ,indian ,tribe ,water ,rights ,settlement ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,zuni ,indian ,tribe ,water ,rights ,settlement,sec4 #aja4 ,purposes4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,ratification of ,agreement4,sec4 #ajd4 ,tribal ,water ,rights4,sec4 #aje4 ,settlement ,trust ,fund4,sec4 #ajf4 ,funding4,sec4 #ajg4 ,waivers and releases of claims4,sec4 #ajh4 ,satisfaction of claims4,sec4 #aji4 ,enforceability date4,sec4 #aaj4 ,miscellaneous provisions4,sec4 #aaa4 ,relation to ,allottees4,sec4 #aab4 ,antideficiency4,,title ,,ii--,zuni ,salt ,lake and ,sanctuary ,protection,sec4 #bja4 ,definitions4,sec4 #bjb4 ,withdrawal of certain ,federal land in ,new ,mexico4,sec4 #bjc4 ,management of ,federal land4,sec4 #bjd4 ,transfer of land into trust4,sec4 #bje4 ,maps and legal descriptions4 #b4 ,definitions ,in this ,act3 7#a7 ,enforceability date ,the term ,enforceability ,date means the date described in section #aji4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,state ,the term ,state means the ,state of ,new ,mexico4 7#d7 ,tribal water rights 7,a7 ,in general ,the term ,tribal ,water ,rights means the water rights of the ,tribe in the ,zuni ,river ,stream ,system 7as defined in section #ajb7-- 7i7 as identified in the ,agreement and section #ajd2 and 7ii7 as confirmed in the ,partial ,final ,judgment and ,decree 7as defined in section #ajb74 7,b7 ,exclusions ,the term ,tribal ,water ,rights does not include-- 7i7 any interest that the ,tribe may have in an ,allotment 7as defined in section #ajb7 that is determined by the ,secretary to be patented pursuant to section #a of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chh1 chapter #aai2 #be ,u4,s4,c4 #cca7 7as in effect on the day before the date of enactment of the ,indian ,land ,consolidation ,act ,amendments of #bjjj 7,public ,law #ajf-dfb2 #aad ,stat4 #aiia772 or 7ii7 any undivided interest that the ,tribe may have in an ,allotment 7as so defined7 that is determined by the ,secretary to be patented pursuant to an authority other than section #a of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chh1 chapter #aai2 #be ,u4,s4,c4 #cca7 7as in effect on the day before the date of enactment of the ,indian ,land ,consolidation ,act ,amendments of #bjjj 7,public ,law #ajf-dfb2 #aad ,stat4 #aiia774 7#e7 ,tribe ,the term ,tribe means the ,zuni ,tribe of the ,zuni ,reservation1 a federally recognized ,indian ,tribe4 ,i ,zuni ,indian ,tribe ,water ,rights ,settlement #aja4 ,purposes ,the purposes of this title are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all claims to water rights in the ,zuni ,river ,stream ,system in the ,state for-- 7,a7 the ,tribe2 and 7,b7 the ,united ,states1 acting as trustee for the ,tribe2 7#b7 to authorize1 ratify1 and confirm the ,agreement entered into by the ,tribe1 the ,state1 and various other parties to the extent that the ,agreement is consistent with this title2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the ,agreement2 and 7,b7 to take any other actions necessary to carry out the ,agreement in accordance with this title2 and 7#d7 to authorize funds necessary for the implementation of the ,agreement and this title4 #ajb4 ,definitions ,in this title3 7#a7 ,adjudication ,the term ,adjudication means the general adjudication of water rights entitled ,united ,states v4 ,a,r ,production1 et al41 ,civil ,no4 #ja-;,,cv-#jjjgb1 including the subproceeding ,civil ,no4 #jg-;,,cv-#jjfha1 pending as of the date of enactment of this ,act in the ,united ,states ,district ,court for the ,district of ,new ,mexico4 7#b7 ,agreement ,the term ,agreement means-- 7,a7 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 #a1 #bjbc1 and the attachments thereto2 and 7,b7 any amendment to the document referred to in subparagraph 7,a7 7including an amendment to an attachment thereto7 that is executed to ensure that the ,agreement is consistent with this title4 7#c7 ,allotment ,the term ,allotment means-- 7,a7 any of the #i parcels on ,zuni ,lands that are held in trust by the ,united ,states for individual ,indians1 or an ,indian ,tribe holding an undivided fractional beneficial interest1 under the patents numbered #bjbcid1 #bbdbea1 #bbdbeb1 #bbdffg1 #bcdgec1 #bcfiee1 #bedabd1 #bedabe1 and #bedabf2 and 7,b7 any of the #f parcels in the ,state off ,zuni ,lands that are held in trust by the ,united ,states for individual ,indians1 or an ,indian ,tribe holding an undivided fractional beneficial interest1 under the patents numbered #baagai1 #bdfcfb1 #bdfcfc1 #bdfcfd1 #bdfcfe1 and #bdgcba4 7#d7 ,allottee ,the term ,allottee means-- 7,a7 an individual ,indian holding a beneficial interest in an ,allotment2 or 7,b7 an ,indian ,tribe holding an undivided fractional beneficial interest in an ,allotment4 7#e7 ,partial final judgment and decree ,the term ,partial ,final ,judgment and ,decree means a final or interlocutory partial final judgment and decree entered by the ,united ,states ,district ,court for the ,district of ,new ,mexico with respect to the water rights of the ,tribe-- 7,a7 that is substantially in the form described in the ,agreement1 as amended to ensure consistency with this title2 and 7,b7 from which no further appeal may be taken4 7#f7 ,trust fund ,the term ,trust ,fund means the ,zuni ,tribe ,settlement ,trust ,fund established under section #aje7;a74 7#g7 ,zuni ,lands ,the term ,zuni ,lands means land within the ,state that is held in trust by the ,united ,states for the ,tribe1 or owned by the ,tribe1 at the time of filing of a ,motion for ,entry of the ,partial ,final ,judgment and ,decree1 including the land withdrawn from sale and set apart as a reservation or in trust for the use and occupancy of the ,tribe by-- 7,a7 ,executive ,order of ,march #af1 #ahgg 7relating to ,zuni ,pueblo reserve71 as amended by ,executive ,order of ,may #a1 #ahhc 7relating to ,zuni ,reserve72 7,b7 ,presidential ,proclamation #adab1 dated ,november #cj1 #aiag2 7,c7 the ,act of ,june #bj1 #aice 7#di ,stat4 #cic1 chapter #bhb72 7,d7 the ,act of ,august #ac1 #aidi 7#fc ,stat4 #fjd1 chapter #dbe72 and 7,e7 the ,warranty ,deed recorded on ,july #af1 #aiig1 in ,book #f1 ,page #ehhe of the ,cibola ,county ,records4 7#h7 ,zuni river stream system ,the term ,zuni ,river ,stream ,system means the ,zuni ,river surface water drainage basin identified in the order of the ,united ,states ,district ,court for the ,district of ,new ,mexico in the ,adjudication entitled ,order on ,special ,master's ,report re3 ,geographic ,scope of ,adjudication1 ,docket #bjj and dated ,may #ba1 #bjjc4 #ajc4 ,ratification of ,agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this title1 and to the extent that the ,agreement does not conflict with this title1 the ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment to the ,agreement1 or to any attachment to the ,agreement requiring the signature of the ,secretary1 is executed in accordance with this title to make the ,agreement consistent with this title1 the amendment is authorized1 ratified1 and confirmed4 7b7 ,execution 7#a7 ,in general ,to the extent the ,agreement does not conflict with this title1 the ,secretary shall execute the ,agreement1 including all attachments to or parts of the ,agreement1 requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this title prohibits the ,secretary1 after execution of the ,agreement1 from approving any modification to the ,agreement1 including an attachment to the ,agreement1 that is consistent with this title1 to the extent that the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,agreement and this title1 the ,secretary shall comply with-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7,c7 all other applicable ,federal environmental laws and regulations4 7#b7 ,compliance 7,a7 ,in general ,in implementing the ,agreement and this title1 the ,tribe shall prepare any necessary environmental documents1 consistent with-- 7i7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7iii7 all other applicable ,federal environmental laws and regulations4 7,b7 ,authorizations ,the ,secretary shall-- 7i7 independently evaluate the documentation required under subparagraph 7,a72 and 7ii7 be responsible for the accuracy1 scope1 and contents of that documentation4 7#c7 ,effect of execution ,the execution of the ,agreement by the ,secretary under this section shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,costs ,any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the ,trust ,fund1 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 ,secretary4 #ajd4 ,tribal ,water ,rights 7a7 ,trust status of the tribal water rights ,the ,tribal ,water ,rights shall be held in trust by the ,united ,states on behalf of the ,tribe1 in accordance with the ,agreement and this title4 7b7 ,forfeiture and abandonment 7#a7 ,in general ,the ,tribal ,water ,rights shall not be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law4 7#b7 ,state-law based water rights ,state-law based water rights acquired by the ,tribe1 or by the ,united ,states on behalf of the ,tribe1 after the date for inclusion in the ,partial ,final ,judgment and ,decree shall not be subject to forfeiture1 abandonment1 or permanent alienation from the time those water rights are acquired4 7c7 ,use ,any use of the ,tribal ,water ,rights shall be subject to the terms and conditions of the ,agreement and this title4 7d7 ,allotment rights not included ,the ,tribal ,water ,rights do not include any water rights for an ,allotment4 7e7 ,allottees not adversely affected ,nothing in this title quantifies or diminishes any water right1 or any claim or entitlement to water1 of an ,allottee4 7f7 ,accounting for allotment uses ,any use of water on an ,allotment shall be accounted for out of the ,tribal ,water ,rights recognized in the ,agreement1 including recognition of-- 7#a7 any water use existing on an ,allotment as of the date of enactment of this ,act2 7#b7 reasonable domestic1 stock1 and irrigation water uses put into use on an ,allotment2 and 7#c7 any water right decreed to the ,united ,states in trust for an ,allottee in the ,adjudication for use on an ,allotment4 7g7 ,allottee water rights ,the ,tribe shall not object in the ,adjudication to the quantification of reasonable domestic1 stock1 and irrigation water uses on an ,allotment1 and shall administer any water use on ,zuni ,lands in accordance with applicable ,federal law1 including recognition of-- 7#a7 any water use existing on an ,allotment as of the date of enactment of this ,act2 7#b7 reasonable domestic1 stock1 and irrigation water uses on an ,allotment2 and 7#c7 any water right decreed to the ,united ,states in trust for an ,allottee in the ,adjudication4 7h7 ,authority of the tribe 7#a7 ,in general ,the ,tribe shall have the authority to allocate1 distribute1 and lease the ,tribal ,water ,rights for use on ,zuni ,lands in accordance with the ,agreement1 this title1 and applicable ,federal law1 including the first section of the ,act of ,august #i1 #aiee 7#fi ,stat4 #eci1 chapter #fae2 #be ,u4,s4,c4 #dae7 7commonly known as the ,long-,term ,leasing ,act74 7#b7 ,use off zuni lands 7,a7 ,in general ,the ,tribe may allocate1 distribute1 and lease the ,tribal ,water ,rights for use off ,zuni ,lands in accordance with the ,agreement1 this title1 and applicable ,federal law1 subject to the approval of the ,secretary4 7,b7 ,maximum term ,the maximum term of any lease1 including all renewals1 under this paragraph shall not exceed #ii years4 7i7 ,administration 7#a7 ,no alienation ,the ,tribe shall not permanently alienate any portion of the ,tribal ,water ,rights4 7#b7 ,purchases or grants of land from indians ,an authorization provided by this title for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this title shall be considered to satisfy any requirement for authorization of the action required by ,federal law4 7#c7 ,prohibition on forfeiture ,the non-use of all or any portion of the ,tribal ,water ,rights by any water user shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all or any portion of the ,tribal ,water ,rights4 #aje4 ,settlement ,trust ,fund 7a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,zuni ,tribe ,settlement ,trust ,fund1 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury1 consisting of amounts deposited in the ,trust ,fund under subsection 7c71 together with any investment earnings1 including interest1 earned on those amounts1 for the purpose of carrying out this title4 7b7 ,trust fund accounts ,the ,secretary shall establish in the ,trust ,fund the following accounts3 7#a7 ,the ,zuni ,tribe ,water ,rights ,settlement ,trust ,account4 7#b7 ,the ,zuni ,tribe ,operation1 ,maintenance1 ,replacement ,trust ,account4 7c7 ,deposits ,the ,secretary shall deposit in the ,trust ,fund the amounts made available under section #ajf7;a74 7d7 ,management and interest 7#a7 ,management ,on receipt and deposit of funds into the ,trust ,fund under subsection 7c71 the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7,a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7,b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7,c7 this section4 7#b7 ,investment earnings ,in addition to the amounts deposited under subsection 7c71 any investment earnings1 including interest1 earned on those amounts1 held in the ,trust ,fund are authorized to be used in accordance with subsections 7f7 and 7h74 7e7 ,availability of amounts 7#a7 ,in general ,amounts appropriated to1 and deposited in1 the ,trust ,fund1 including any investment earnings1 including interest1 earned on those amounts1 shall be made available to the ,tribe by the ,secretary beginning on the ,enforceability ,date1 subject to the requirements of this section1 except for funds to be made available to the ,tribe pursuant to paragraph 7#b74 7#b7 ,use of funds ,notwithstanding paragraph 7#a71 #ej1jjj1jjj of the amounts deposited in the ,trust ,fund1 including any investment earnings1 including interest1 earned on those amounts1 shall be available to the ,tribe for the following uses on the date on which the amounts are deposited in the ,trust ,fund3 7,a7 ,developing economic water development plans4 7,b7 ,preparing environmental compliance documents4 7,c7 ,preparing water project engineering designs4 7,d7 ,establishing and operating a water resource department4 7,e7 ,installing groundwater wells on ,zuni ,lands to meet immediate domestic1 commercial1 municipal1 industrial1 livestock1 or supplemental irrigation water needs4 7,f7 ,urgent repairs to irrigation infrastructure4 7,g7 ,acquiring land and water rights or water supply4 7,h7 ,developing water measurement and reporting water use plans4 7f7 ,withdrawals 7#a7 ,withdrawals under the american indian trust fund management reform act of #aiid 7,a7 ,in general ,the ,tribe may withdraw any portion of the amounts in the ,trust ,fund on approval by the ,secretary of a ,tribal management plan submitted by the ,tribe in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7,b7 ,requirements ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the ,tribal management plan under this paragraph shall require that the ,tribe shall spend all amounts withdrawn from the ,trust ,fund1 and any investment earnings1 including interest1 earned on those amounts1 through the investments under the ,tribal management plan1 in accordance with this title4 7,c7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the ,tribal management plan under this paragraph and to ensure that amounts withdrawn by the ,tribe from the ,trust ,fund under subparagraph 7,a7 are used in accordance with this title4 7#b7 ,withdrawals under expenditure plan 7,a7 ,in general ,the ,tribe may submit to the ,secretary a request to withdraw amounts from the ,trust ,fund pursuant to an approved expenditure plan4 7,b7 ,requirements ,to be eligible to withdraw amounts under an expenditure plan under subparagraph 7,a71 the ,tribe shall submit to the ,secretary an expenditure plan for any portion of the ,trust ,fund the ,tribe elects to withdraw pursuant to that subparagraph1 subject to the condition that the amounts shall be used for the purposes described in this title4 7,c7 ,inclusions ,an expenditure plan submitted under subparagraph 7,a7 shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,trust ,fund will be used by the ,tribe1 in accordance with this subsection and subsection 7h74 7,d7 ,approval ,the ,secretary shall approve an expenditure plan submitted under subparagraph 7,a7 if the ,secretary determines that the expenditure plan-- 7i7 is reasonable2 and 7ii7 is consistent with1 and will be used for1 the purposes of this title4 7,e7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary-- 7i7 to enforce an expenditure plan2 and 7ii7 to ensure that amounts withdrawn under this paragraph are used in accordance with this title4 7g7 ,effect of section ,nothing in this section entitles the ,tribe the right to judicial review of a determination of the ,secretary relating to whether to approve the ,tribal management plan under paragraph 7#a7 of subsection 7f7 or an expenditure plan under paragraph 7#b7 of that subsection1 except under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7h7 ,uses 7#a7 ,zuni tribe water rights settlement trust account ,the ,zuni ,tribe ,water ,rights ,settlement ,trust ,account established under subsection 7b77#a7 may only be used for the following purposes3 7,a7 ,planning1 permitting1 designing1 engineering1 constructing1 reconstructing1 replacing1 rehabilitating1 operating1 or repairing water production1 treatment1 or delivery infrastructure1 including for domestic and municipal supply1 or wastewater infrastructure4 7,b7 ,planning1 permitting1 designing1 engineering1 constructing1 reconstructing1 replacing1 rehabilitating1 operating1 or repairing water production1 treatment1 or delivery infrastructure1 acquisition of water1 or on-farm improvements for irrigation1 livestock1 and support of agriculture4 7,c7 ,planning1 permitting1 designing1 engineering1 constructing1 reconstructing1 replacing1 rehabilitating1 operating1 monitoring1 or other measures for watershed and endangered species habitat protection and enhancement1 land and water rights acquisition1 water-related ,tribal community welfare and economic development1 and costs relating to the implementation of the ,agreement4 7,d7 ,ensuring environmental compliance in the development and construction of projects under this title4 7,e7 ,tribal water rights management and administration4 7#b7 ,zuni tribe operation1 maintenance1 replacement trust account ,the ,zuni ,tribe ,operation1 ,maintenance1 ,replacement ,trust ,account established under subsection 7b77#b7 may only be used to pay costs for operation1 maintenance1 and replacement of water infrastructure to serve ,tribal domestic1 commercial1 municipal1 industrial1 irrigation1 and livestock water uses from any water source4 7i7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,tribe under the ,tribal management plan or an expenditure plan under paragraph 7#a7 or 7#b7 of subsection 7f71 respectively4 7j7 ,expenditure reports ,the ,tribe shall annually submit to the ,secretary an expenditure report describing amounts spent from1 and accomplishment from the use of1 withdrawals under the ,tribal management plan or an expenditure plan under paragraph 7#a7 or 7#b7 of subsection 7f71 respectively4 7k7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any member of the ,tribe4 7l7 ,title to infrastructure ,title to1 control over1 and operation of any project constructed using funds from the ,trust ,fund shall remain in the ,tribe4 7m7 ,operation1 maintenance1 and replacement ,all operation1 maintenance1 and replacement costs of any project constructed using funds from the ,trust ,fund shall be the responsibility of the ,tribe4 #ajf4 ,funding 7a7 ,mandatory appropriations ,out of any money in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary-- 7#a7 for deposit in the ,zuni ,tribe ,water ,rights ,settlement ,trust ,account established under section #aje7;b77#a71 #fee1ejj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury2 and 7#b7 for deposit in the ,zuni ,tribe ,operation1 ,maintenance1 ,replacement ,trust ,account established under section #aje7;b77#b71 #bi1ejj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7b7 ,fluctuation in costs 7#a7 ,in general ,the amount appropriated under subsection 7a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index-,composite ,trend4 7#b7 ,construction costs adjustment ,the amount appropriated under subsection 7a7 shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices1 as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7#c7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount1 as adjusted1 has been appropriated4 7#d7 ,period of indexing ,the period of indexing adjustment under this subsection for any increment of funding shall start on ,january #a1 #bjbb1 and end on the date on which the funds are deposited in the ,trust ,fund4 7c7 ,state cost-,share ,pursuant to the ,agreement1 the ,state shall contribute-- 7#a7 #gej1jjj1 for development and execution of monitoring plans pursuant to the ,agreement2 and 7#b7 #ejj1jjj1 to be deposited in an interest-bearing account1 to mitigate impairment to non-,indian domestic and livestock groundwater rights as a result of new ,tribal water use4 #ajg4 ,waivers and releases of claims 7a7 ,waivers and releases of claims by zuni tribe and united states as trustee for zuni tribe ,subject to the reservation of rights and retention of claims under subsection 7d71 as consideration for recognition of the ,tribal ,water ,rights and other benefits described in the ,agreement and this title1 the ,tribe and the ,united ,states1 acting as trustee for the ,tribe1 shall execute a waiver and release of all claims for-- 7#a7 water rights within the ,zuni ,river ,stream ,system that the ,tribe1 or the ,united ,states acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including the ,adjudication1 on or before the ,enforceability ,date1 except to the extent that such rights are recognized in the ,agreement and this title2 and 7#b7 damages1 losses1 or injuries to water rights or claims of interference with1 diversion of1 or taking of water rights 7including claims for injury to land resulting from such damages1 losses1 injuries1 interference1 diversion1 or taking of water rights7 in the ,zuni ,river ,stream ,system against any party to the ,agreement that accrued at any time up to and including the ,enforceability ,date4 7b7 ,waivers and releases of claims by zuni tribe against united states ,subject to the reservation of rights and retention of claims under subsection 7d71 the ,tribe shall execute a waiver and release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7 for water rights within the ,zuni ,river ,stream ,system first arising before the ,enforceability ,date relating to-- 7#a7 water rights within the ,zuni ,river ,stream ,system that the ,united ,states1 acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including the ,adjudication1 except to the extent that such rights are recognized as part of the ,tribal ,water ,rights under this title2 7#b7 foregone benefits from non-,indian use of water1 on and off ,zuni ,lands 7including water from all sources and for all uses71 within the ,zuni ,river ,stream ,system2 7#c7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights1 claims relating to interference with1 diversion of1 or taking of water1 or claims relating to a failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 within the ,zuni ,river ,stream ,system2 7#d7 a failure to establish or provide a municipal1 rural1 or industrial water delivery system on ,zuni ,lands within the ,zuni ,river ,stream ,system2 7#e7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to construction1 operation1 and management of irrigation projects on ,zuni ,lands or ,federal land 7including damages1 losses1 or injuries to fish habitat1 wildlife1 and wildlife habitat7 within the ,zuni ,river ,stream ,system2 7#f7 a failure to provide for operation1 maintenance1 or deferred maintenance for any irrigation system or irrigation project within the ,zuni ,river ,stream ,system2 7#g7 a failure to provide a dam safety improvement to a dam on ,zuni ,lands within the ,zuni ,river ,stream ,system2 7#h7 the litigation of claims relating to any water right of the ,tribe within the ,zuni ,river ,stream ,system2 and 7#i7 the negotiation1 execution1 or adoption of the ,agreement and this title4 7c7 ,effective date ,the waivers and releases described in subsections 7a7 and 7b7 shall take effect on the ,enforceability ,date4 7d7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under subsections 7a7 and 7b71 the ,tribe and the ,united ,states1 acting as trustee for the ,tribe1 shall retain all claims relating to-- 7#a7 the enforcement of1 or claims accruing after the ,enforceability ,date relating to1 water rights recognized under the ,agreement1 this title1 or the ,partial ,final ,judgment and ,decree entered into in the ,adjudication2 7#b7 activities affecting the quality of water1 including claims under-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including claims for damages to natural resources2 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#c7 the right to use and protect water rights acquired after the date of enactment of this ,act2 7#d7 damage1 loss1 or injury to land or natural resources that is not due to loss of water or water rights1 including hunting1 fishing1 gathering1 or cultural rights2 7#e7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this title or the ,agreement2 and 7#f7 loss of water or water rights in locations outside of the ,zuni ,river ,stream ,system4 7e7 ,effect of agreement and title ,nothing in the ,agreement or this title-- 7#a7 reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity2 7#b7 affects the ability of the ,united ,states1 as sovereign1 to carry out any activity authorized by law1 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,d7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 and 7,e7 any regulations implementing the ,acts described in subparagraphs 7,a7 though 7,d72 7#c7 affects the ability of the ,united ,states to act as trustee for the ,tribe 7consistent with this title71 any other ,indian ,tribe or ,pueblo1 or an allottee of any ,indian ,tribe or ,pueblo2 7#d7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law relating to health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or any other party under ,federal law regarding health1 safety1 or the environment2 7,c7 to conduct judicial review of any ,federal agency action2 or 7,d7 to interpret ,tribal law2 or 7#e7 waives any claim of a member of the ,tribe in an individual capacity that does not derive from a right of the ,tribe4 7f7 ,tolling of claims 7#a7 ,in general ,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 ,date4 7#b7 ,effect of subsection ,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 ,act4 7#c7 ,limitation ,nothing in this section precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law4 7g7 ,expiration 7#a7 ,in general ,this title shall expire in any case in which the ,secretary fails to publish a statement of findings under section #aji by not later than-- 7,a7 ,july #a1 #bjcj2 or 7,b7 such alternative later date as is agreed to by the ,tribe and the ,secretary1 after providing reasonable notice to the ,state4 7#b7 ,consequences ,if this title expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsections 7a7 and 7b7 shall-- 7i7 expire2 and 7ii7 have no further force or effect2 7,b7 the authorization1 ratification1 confirmation1 and execution of the ,agreement under section #ajc shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into1 pursuant to this title shall be void2 7,d7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this title 7together with any interest earned on those funds71 and any water rights or contracts to use water1 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 ,government1 unless otherwise agreed to by the ,tribe and the ,united ,states and approved by ,congress2 and 7,e7 except for ,federal funds used to acquire or construct property that is returned to the ,federal ,government under subparagraph 7,d71 the ,united ,states shall be entitled to offset any ,federal funds made available to carry out this title that were expended or withdrawn1 or any funds made available to carry out this title from other ,federal authorized sources1 together with any interest accrued on those funds1 against any claims against the ,united ,states-- 7i7 relating to-- 7,i7 water rights in the ,state asserted by-- 7aa7 the ,tribe2 or 7bb7 any user of the ,tribal ,water ,rights2 or 7,,ii7 any other matter described in subsection 7b72 or 7ii7 in any future settlement of water rights of the ,tribe4 #ajh4 ,satisfaction of claims ,the benefits provided under this title shall be in complete replacement of1 complete substitution for1 and full satisfaction of any claim of the ,tribe against the ,united ,states that is waived and released by the ,tribe pursuant to section #ajg7;b74 #aji4 ,enforceability date ,the ,enforceability ,date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 to the extent that the ,agreement conflicts with this title1 the ,agreement has been amended to conform with this title2 7#b7 the ,agreement1 as amended1 has been executed by all parties to the ,agreement1 including the ,united ,states2 7#c7 the ,united ,states ,district ,court for the ,district of ,new ,mexico has approved the ,agreement and has entered a ,partial ,final ,judgment and ,decree2 7#d7 all of the amounts appropriated under subsections 7a7 and 7b7 of section #ajf have been appropriated and deposited in the ,zuni ,tribe ,water ,rights ,settlement ,trust ,account established under section #aje7;b77#a7 or the ,zuni ,tribe ,operation1 ,maintenance1 ,replacement ,trust ,account established under section #aje7;b77#b71 as applicable2 7#e7 the ,state has-- 7,a7 provided the funding under section #ajf7;c72 and 7,b7 enacted legislation to amend ,state law to provide that the ,tribal ,water ,rights may be leased for a term of not to exceed #ii years1 including renewals2 and 7#f7 the waivers and releases under section #ajg have been executed by the ,tribe and the ,secretary4 #aaj4 ,miscellaneous provisions 7a7 ,no waiver of sovereign immunity by the united states ,nothing in this title waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this title quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of an ,indian ,tribe1 band1 ,pueblo1 or community other than the ,tribe4 7c7 ,effect on current law ,nothing in this title affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to pre-enforcement review of any ,federal environmental enforcement action4 7d7 ,conflict ,in the event of a conflict between the ,agreement and this title1 this title shall control4 #aaa4 ,relation to ,allottees 7a7 ,no effect on claims of allottees ,nothing in this ,act or the ,agreement affects the rights or claims of ,allottees1 or the ,united ,states1 acting in its capacity as trustee for or on behalf of ,allottees1 for water rights or damages relating to land allotted by the ,united ,states to ,allottees4 7b7 ,relationship of decree to allottees 7#a7 ,separate adjudication ,regardless of whether an ,allotment is patented pursuant to section #a of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chh1 chapter #aai2 #be ,u4,s4,c4 #cca7 7as in effect on the day before the date of enactment of the ,indian ,land ,consolidation ,act ,amendments of #bjjj 7,public ,law #ajf-dfb2 #aad ,stat4 #aiia771 or section #d of that ,act 7#bd ,stat4 #chi1 chapter #aai2 #be ,u4,s4,c4 #ccd71 as determined by the ,secretary1 when adjudicated-- 7,a7 water rights for ,allotments shall be separate from the ,tribal ,water ,rights2 and 7,b7 no water rights for ,allotments shall be included in the ,partial ,final ,judgment and ,decree4 7#b7 ,allotment water rights ,allotment water rights adjudicated separately pursuant to paragraph 7#a7 shall not be subject to the restrictions or conditions that apply to the use of the ,tribal ,water ,rights1 subject to the condition that if an ,allotment governed by the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chh1 chapter #aai2 #be ,u4,s4,c4 #cca et seq471 becomes ,zuni ,lands1 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 ,agreement4 7#c7 ,allottee water rights to be adjudicated ,allottees1 or the ,united ,states1 acting in its capacity as trustee for ,allottees1 may make water rights claims1 and such claims may be adjudicated in the ,zuni ,river ,stream ,system4 #aab4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this title1 including any obligation or activity under the ,agreement1 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this title4 ,,ii ,zuni ,salt ,lake and ,sanctuary ,protection #bja4 ,definitions ,in this title3 7#a7 ,casual collecting ,the term casual collecting has the meaning given the term in section #fcja of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #dgj;aaa74 7#b7 ,federal land ,the term ,federal land means-- 7,a7 any ,federal land or interest in ,federal land that is within the boundary of the ,zuni ,salt ,lake and ,sanctuary2 and 7,b7 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 ,act4 7#c7 ,map ,the term ,map means the map entitled ,legislative ,map for ,zuni ,tribe ,water ,settlement and dated ,june #ag1 #bjbd4 7#d7 ,zuni salt lake and sanctuary ,the term ,zuni ,salt ,lake and ,sanctuary means the approximately #bag1jcg acres located in the ,state comprised of a mixture of private1 ,tribal trust1 ,state1 and ,bureau of ,land ,management-managed lands1 as depicted on the ,map1 protected by ,new ,mexico ,office of the ,state ,engineer ,order ,no4 #aii 7,july #e1 #bjbc7 due to the historical and cultural significance of those lands4 #bjb4 ,withdrawal of certain ,federal land in ,new ,mexico 7a7 ,withdrawal of ,federal land ,subject to valid existing rights and section #bjd7;a77#c71 effective on the date of enactment of this ,act1 the ,federal land described in section #bja7b77;,a71 comprising approximately #ib1cfd acres1 is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7b7 ,withdrawal of land acquired ,subject to valid existing rights and section #bjd7;a77#c71 effective on the date on which the land described in section #bja7b77;,b7 is acquired by the ,federal ,government1 that ,federal land is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7c7 ,reservation ,the ,federal land withdrawn under this section is reserved for-- 7#a7 the protection of the ,zuni ,salt ,lake and ,sanctuary2 7#b7 the quality and quantity of water resources that supply the ,zuni ,salt ,lake2 and 7#c7 any cultural resources or values within or associated with the ,zuni ,salt ,lake and ,sanctuary4 #bjc4 ,management of ,federal land 7a7 ,in general ,in addition to the requirements of section #bjb1 the ,secretary1 acting through the ,director of the ,bureau of ,land ,management1 shall manage the ,federal land withdrawn under that section in accordance with the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 in consultation with the ,tribe1 to protect the ,zuni ,salt ,lake and ,sanctuary1 the quality and quantity of water resources that supply the ,zuni ,salt ,lake1 and any cultural resources or values within or associated with the ,zuni ,salt ,lake and ,sanctuary4 7b7 ,specific restrictions ,the following restrictions shall apply to the ,federal land described in subsection 7a73 7#a7 ,except where needed for administrative or emergency purposes1 motor vehicle use shall be limited to designated routes1 which shall not impact the values of the ,zuni ,salt ,lake and ,sanctuary4 7#b7 ,no water wells or extension or expansion of any existing water wells may be authorized after the date of enactment of this ,act1 except that replacement water wells may be authorized in the event of failure of an existing water well4 7#c7 ,no increase in existing permitted grazing use may be authorized4 7#d7 ,no new rights-of-way or leases may be issued1 except for geophysical1 geologic1 or hydrologic operations limited to research or monitoring to understand and protect the ,zuni ,salt ,lake or for regional scientific study4 7#e7 ,no sale or free use of timber may be authorized4 7#f7 ,casual collecting shall not be authorized4 #bjd4 ,transfer of land into trust 7a7 ,federal land transfers 7#a7 ,in general ,on the ,enforceability ,date1 and subject to valid existing rights and the requirements of this section1 the ,secretary shall take into trust for the benefit of the ,tribe all right1 title1 and interest of the ,united ,states in and to the land described as ,tribal ,acquisition ,area on the ,map4 7#b7 ,terms and conditions 7,a7 ,existing authorizations 7i7 ,in general ,land taken into trust under this subsection shall be subject to valid existing rights1 contracts1 leases1 permits1 and rights-of-way1 unless the holder of the right1 contract1 lease1 permit1 or right-of-way requests an earlier termination in accordance with existing law4 7ii7 ,assumption by ,bureau of ,indian ,affairs ,the ,bureau of ,indian ,affairs shall-- 7,i7 assume all benefits and obligations of the previous land management agency under the existing rights1 contracts1 leases1 permits1 and rights-of-way described in clause 7i72 and 7,,ii7 disburse to the ,tribe any amounts that accrue to the ,united ,states from those rights1 contracts1 leases1 permits1 and rights-of-way after the date on which the land is taken into trust from any sale1 bonus1 royalty1 or rental relating to that land in the same manner as amounts received from other land held by the ,secretary in trust for the ,tribe4 7,b7 ,personal property 7i7 ,in general ,any improvements constituting personal property 7as defined by ,state law7 belonging to the holder of a right1 contract1 lease1 permit1 or right-of-way on land taken into trust under this subsection shall-- 7,i7 remain the property of the holder2 and 7,,ii7 be removed from the land not later than #ij days after the date on which the right1 contract1 lease1 permit1 or right-of-way expires1 unless the ,tribe and the holder agree otherwise4 7ii7 ,remaining property ,any personal property described in clause 7i7 remaining beyond the #ij-;day period described in subclause 7,,ii7 of that clause shall-- 7,i7 become the property of the ,tribe2 and 7,,ii7 be subject to removal and disposition at the discretion of the ,tribe4 7iii7 ,liability of previous holder ,the holder of personal property described in clause 7i7 shall be liable to the ,tribe for costs incurred by the ,tribe in removing and disposing of the property under clause 7ii77,,ii74 7#c7 ,termination of withdrawal of ,federal land ,the withdrawal of ,federal land pursuant to section #bjb shall terminate1 as to the land described in paragraph 7#a71 on the date on which the land is taken into trust under that paragraph4 7#d7 ,status of water rights on transferred land ,any water rights associated with land taken into trust under paragraph 7#a7-- 7,a7 shall be held in trust for the ,tribe2 but 7,b7 shall not be included in the ,tribal ,water ,rights4 7b7 ,future trust land ,on acquisition by the ,tribe of any land depicted as ,potential ,future ,acquisition ,areas on the ,map1 the ,secretary shall take legal title in and to that land into trust for the benefit of the ,tribe1 subject to the conditions that-- 7#a7 the land shall be free from any liens1 encumbrances1 or other infirmities2 and 7#b7 no evidence exists of any hazardous substances on1 or other environmental liability with respect to1 the land4 #bje4 ,maps and legal descriptions 7a7 ,preparation of maps and legal descriptions ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 prepare maps depicting-- 7,a7 the land withdrawn under section #bjb2 and 7,b7 the land taken into trust under section #bjd2 and 7#b7 publish in the ,federal ,register a notice containing the legal descriptions of land described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7b7 ,legal effect ,maps and legal descriptions prepared and published under subsection 7a7 shall have the same force and effect as if the maps and legal descriptions were included in this title1 except that the ,secretary may correct any clerical and typographical errors in such maps and legal descriptions4 7c7 ,availability ,copies of maps and legal descriptions prepared and published under subsection 7a7 shall be available for public inspection in the appropriate offices of the ,bureau of ,land ,management4