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Congressional Research Service
Version 00 · Introduced in House · Feb 18, 2025
Zuni Indian Tribe Water Rights Settlement Act of 2025
This bill recognizes and settles certain water rights claims in New Mexico of the pueblo of Zuni and establishes and provides funding for a related settlement trust fund. It also requires federal actions related to the Zuni Salt Lake in New Mexico.
Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by Zuni, New Mexico, and others, thus satisfying claims to water rights in the Zuni River Stream System in New Mexico.
Showing the opening paragraphs of the official summary.
The bill establishes and provides funding for the Zuni Tribe Settlement Trust Fund (and specified accounts) for purposes of carrying out this bill.
Additionally, the bill (1) specifies the water rights of the pueblo; and (2) outlines waivers, releases, and retentions of claims by the pueblo and the United States.
The bill also withdraws certain federal land in New Mexico from mineral development. The bill reserves this federal land for the following three purposes: (1) the protection of the Zuni Salt Lake and Sanctuary, (2) the protection of the quality and quantity of the Zuni Salt Lake's water supply, and (3) the protection of any cultural resources associated with the Zuni Salt Lake and Sanctuary. The Bureau of Land Management must manage this land.
The Department of the Interior must take certain land surrounding the Zuni Salt Lake into trust for the benefit of Zuni.
People & committees
Rep. Vasquez, Gabe [D-NM-2] · D–NM
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the House Committee on Natural Resources.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
Source last updated: Jul 23, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-02-18 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
This proposal would settle specified Zuni Tribe water-rights claims in New Mexico and provide $685 million before adjustments for water infrastructure and related work. In exchange, the Tribe would give up specified claims. It would also restrict development on certain federal lands around Zuni Salt Lake and transfer designated land into federal trust for the Tribe. These changes would affect the Tribe, other water users, and people holding rights or permits on affected land, subject to settlement conditions and protections for existing rights.
to achieve a fair, equitable, and final settlement of all claims to water rights in the Zuni River Stream System in the State for— (A) the Tribe; and (B) the United States, acting as trustee for the Tribe;
(1) for deposit in the Zuni Tribe Water Rights Settlement Trust Account established under section 105(b)(1), $655,500,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Zuni Tribe Operation, Maintenance, & Replacement Trust Account established under section 105(b)(2), $29,500,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
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).
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— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
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.
The settlement would concern the Zuni Tribe's rights in the defined Zuni River drainage basin. Those rights would be identified through the agreement, the bill, and a court judgment. The referenced agreement is dated May 1, 2023, and includes attachments and amendments needed to conform to this proposal.
The term Tribal Water Rights means the water rights of the Tribe in the Zuni River Stream System (as defined in section 102)— (i) as identified in the Agreement and section 104; and (ii) as confirmed in the Partial Final Judgment and Decree (as defined in section 102).
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;
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 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.
The bill would approve the agreement only insofar as it is consistent with Title I and require the Interior Secretary to sign it. The Secretary could approve later consistent modifications unless another federal law requires congressional approval. Title I would control any conflict with the 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.
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 the event of a conflict between the Agreement and this title, this title shall control.
Implementation would remain subject to federal environmental laws. The Tribe would prepare necessary environmental documents, and the Secretary would independently evaluate them and remain responsible for their accuracy and scope. Signing the agreement itself would not count as a major federal action under the National Environmental Policy Act. Compliance costs would generally come from the trust fund, while federal review and inherently federal work would remain the Secretary's responsibility.
In implementing the Agreement and this title, the Secretary shall comply with— (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and (C) all other applicable Federal environmental laws and regulations.
In implementing the Agreement and this title, the Tribe shall prepare any necessary environmental documents, consistent with— (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations.
The Secretary shall— (i) independently evaluate the documentation required under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation.
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.
The United States would hold the settlement water rights in trust for the Tribe. The rights could not be lost through nonuse or abandonment, and the Tribe could not permanently transfer them away. State-law water rights acquired for the Tribe after the court judgment's inclusion cutoff would also receive protection against forfeiture, abandonment, and permanent transfer.
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.
The Tribe shall not permanently alienate any portion of the Tribal Water Rights.
The Tribe could allocate, distribute, and lease settlement water rights for use on Zuni Lands, subject to the agreement and applicable federal law. Use off Zuni Lands would require the Secretary's approval, and those leases could last no more than 99 years including renewals.
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.
People and Tribes with beneficial interests in the specified allotted trust parcels would retain their separate water claims. Their water rights would be decided separately and excluded from the Tribe's settlement judgment, although allotment water use would be counted against the settlement water rights. The Tribe could not object to quantifying reasonable domestic, livestock, and irrigation uses. Separate allotment rights would generally avoid settlement restrictions, but those restrictions would apply if a covered allotment became Zuni Lands.
The term Allottee means— (A) an individual Indian holding a beneficial interest in an Allotment; or (B) an Indian Tribe holding an undivided fractional beneficial interest in an Allotment.
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.
(A) water rights for Allotments shall be separate from the Tribal Water Rights; and (B) no water rights for Allotments shall be included in the Partial Final Judgment and Decree.
Any use of water on an Allotment shall be accounted for out of the Tribal Water Rights recognized in the Agreement
The Tribe shall not object in the Adjudication to the quantification of reasonable domestic, stock, and irrigation water uses on an Allotment
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.
The Secretary would establish and manage a settlement trust fund with separate settlement and infrastructure upkeep accounts. Funds and investment earnings would generally become available to the Tribe on the settlement's Enforceability Date—the date when the Secretary publishes findings that the required conditions have been met.
The Secretary shall establish a trust fund, to be known as the Zuni Tribe Settlement Trust Fund, to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury
The Secretary shall establish in the Trust Fund the following accounts: (1) The Zuni Tribe Water Rights Settlement Trust Account. (2) The Zuni Tribe Operation, Maintenance, & Replacement Trust Account.
Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Tribe pursuant to paragraph (2).
The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings
An early-access exception would make $50 million available when deposited, for specified planning, environmental documents, engineering, a water resource department, groundwater wells for immediate needs, urgent irrigation repairs, land and water acquisitions, and water measurement and reporting plans.
Notwithstanding paragraph (1), $50,000,000 of the amounts deposited in the Trust Fund, including any investment earnings, including interest, earned on those amounts, shall be available to the Tribe for the following uses on the date on which the amounts are deposited in the Trust Fund: (A) Developing economic water development plans. (B) Preparing environmental compliance documents. (C) Preparing water project engineering designs. (D) Establishing and operating a water resource department. (E) Installing groundwater wells on Zuni Lands to meet immediate domestic, commercial, municipal, industrial, livestock, or supplemental irrigation water needs. (F) Urgent repairs to irrigation infrastructure. (G) Acquiring land and water rights or water supply. (H) Developing water measurement and reporting water use plans.
The settlement account could fund water and wastewater infrastructure, agricultural water improvements, watershed and endangered-species habitat work, land and water-rights acquisition, water-related community and economic development, environmental compliance, and settlement administration. The upkeep account could only pay to operate, maintain, and replace infrastructure serving the specified Tribal water uses.
The Zuni Tribe Water Rights Settlement Trust Account established under subsection (b)(1) may only be used for the following purposes: (A) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal supply, or wastewater infrastructure. (B) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, acquisition of water, or on-farm improvements for irrigation, livestock, and support of agriculture. (C) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, monitoring, or other measures for watershed and endangered species habitat protection and enhancement, land and water rights acquisition, water-related Tribal community welfare and economic development, and costs relating to the implementation of the Agreement. (D) Ensuring environmental compliance in the development and construction of projects under this title. (E) Tribal water rights management and administration.
The Zuni Tribe Operation, Maintenance, & Replacement Trust Account established under subsection (b)(2) may only be used to pay costs for operation, maintenance, and replacement of water infrastructure to serve Tribal domestic, commercial, municipal, industrial, irrigation, and livestock water uses from any water source.
Withdrawals would require an approved Tribal management plan or expenditure plan and must serve Title I's purposes. The Secretary would have to approve a reasonable, qualifying expenditure plan and could enforce either type of plan through administrative or court action. The bill would provide no additional right to challenge approval decisions beyond review under the Administrative Procedure Act.
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 1994 (25 U.S.C. 4001 et seq.).
the Tribal management plan under this paragraph shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund, and any investment earnings, including interest, earned on those amounts, through the investments under the Tribal management plan, in accordance with this title.
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 (A) are used in accordance with this title.
The Secretary shall approve an expenditure plan submitted under subparagraph (A) if the Secretary determines that the expenditure plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this title.
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary— (i) to enforce an expenditure plan; and (ii) to ensure that amounts withdrawn under this paragraph are used in accordance with this title.
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 (1) of subsection (f) or an expenditure plan under paragraph (2) of that subsection, except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).
The Tribe would report annually on withdrawn funds and accomplishments, and could not distribute trust funds as per-person payments to members. It would own and operate funded projects and bear their upkeep and replacement costs. The Interior and Treasury Secretaries would not be liable for the Tribe's spending or investment of withdrawn funds.
The Tribe shall annually submit to the Secretary an expenditure report describing amounts spent from, and accomplishment from the use of, withdrawals under the Tribal management plan or an expenditure plan under paragraph (1) or (2) of subsection (f), respectively.
No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe.
Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe.
All operation, maintenance, and replacement costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe.
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 (1) or (2) of subsection (f), respectively.
The bill would directly require Treasury transfers totaling $685 million before adjustments: $655.5 million to the settlement account and $29.5 million to the operation, maintenance, and replacement account. This is proposed mandatory funding, rather than merely permission for a future appropriation.
(a) Mandatory appropriations Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Zuni Tribe Water Rights Settlement Trust Account established under section 105(b)(1), $655,500,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Zuni Tribe Operation, Maintenance, & Replacement Trust Account established under section 105(b)(2), $29,500,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
Federal funding amounts would increase or decrease with a specified construction-cost index and would also be adjusted for unforeseen market volatility as determined by the Secretary. Indexing would run from January 1, 2022, until each funding increment is deposited, so the bill does not establish a fixed final dollar total.
The amount appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend.
The amount appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.
The period of indexing adjustment under this subsection for any increment of funding shall start on January 1, 2022, and end on the date on which the funds are deposited in the Trust Fund.
New Mexico would contribute $750,000 for monitoring plans and $500,000 to an interest-bearing account to address harm to non-Indian domestic and livestock groundwater rights caused by new Tribal water use.
Pursuant to the Agreement, the State shall contribute— (1) $750,000, for development and execution of monitoring plans pursuant to the Agreement; and (2) $500,000, to be deposited in an interest-bearing account, to mitigate impairment to non-Indian domestic and livestock groundwater rights as a result of new Tribal water use.
On the Enforceability Date, the Tribe and the United States as its trustee would give up specified basin water-rights claims not recognized by the settlement, plus specified past water-related damage claims against agreement parties. The Tribe would also release listed claims against the United States concerning water rights, infrastructure, irrigation, dam safety, litigation, and settlement negotiations, subject to express exceptions. Settlement benefits would fully satisfy the released claims against the United States.
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— (1) 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 (2) 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
(4) a failure to establish or provide a municipal, rural, or industrial water delivery system on Zuni Lands within the Zuni River Stream System; (5) 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; (6) a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Zuni River Stream System; (7) a failure to provide a dam safety improvement to a dam on Zuni Lands within the Zuni River Stream System; (8) the litigation of claims relating to any water right of the Tribe within the Zuni River Stream System; and (9) 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.
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).
The releases would preserve claims to enforce recognized rights, relevant claims arising after enforceability, water-quality claims, rights acquired after enactment, injuries unrelated to loss of water, and water losses outside the basin. Rights not specifically released would also remain.
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— (1) 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; (2) activities affecting the quality of water
(3) the right to use and protect water rights acquired after the date of enactment of this Act; (4) 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; (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this title or the Agreement; and (6) loss of water or water rights in locations outside of the Zuni River Stream System.
The settlement would preserve governmental sovereignty, federal enforcement and trustee authority, and individual Tribal members' claims that do not derive from Tribal rights. It would not give state courts the listed new powers over federal environmental law, federal agency review, or Tribal law. It would not waive federal immunity from suit, diminish other Tribes' land or water claims, or change existing rules on court review before federal environmental enforcement.
Nothing in the Agreement or this title— (1) reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, as sovereign, to carry out any activity authorized by law
(3) 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; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe.
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.
Time limits and delay-based defenses for covered claims would be paused from enactment until the Enforceability Date. This would not revive claims or deadlines already expired before enactment, and other laws could still provide additional pauses.
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.
Title I would expire if the Secretary did not publish the required settlement findings by July 1, 2030. The Tribe and Secretary could agree to a later deadline after reasonable notice to New Mexico. This expiration clause applies to Title I, rather than expressly terminating the whole bill.
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— (A) July 1, 2030; or (B) such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State.
If Title I expired, its releases and agreement approval would cease to operate, and actions and contracts under it would be void. Unspent federal money, interest, and federally funded water rights and property would return to the federal government unless Congress approved a different agreement. The United States could generally credit other spent or withdrawn settlement funds and interest against specified Tribal claims or a future water settlement, excluding funds used for property returned to it.
If this title expires under paragraph (1)— (A) the waivers and releases under subsections (a) and (b) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Agreement under section 103 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this title shall be void;
(D) 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;
(E) 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— (i) relating to— (I) water rights in the State asserted by— (aa) the Tribe; or (bb) any user of the Tribal Water Rights; or (II) any other matter described in subsection (b); or (ii) in any future settlement of water rights of the Tribe.
Enforceability would require published findings that the agreement conforms to Title I, all parties have signed it, the federal district court has approved it and entered the specified judgment, and all required federal and state funding has been provided. New Mexico would also have to authorize water leases of up to 99 years including renewals, and the Tribe and Secretary would have to sign the releases. The defined judgment must be beyond further appeal.
The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the Agreement conflicts with this title, the Agreement has been amended to conform with this title; (2) the Agreement, as amended, has been executed by all parties to the Agreement, including the United States; (3) the United States District Court for the District of New Mexico has approved the Agreement and has entered a Partial Final Judgment and Decree; (4) 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; (5) the State has— (A) provided the funding under section 106(c); and (B) 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 (6) the waivers and releases under section 107 have been executed by the Tribe and the Secretary.
The term Partial Final Judgment and Decree means a final or interlocutory partial final judgment and decree entered by the United States District Court for the District of New Mexico with respect to the water rights of the Tribe— (A) that is substantially in the form described in the Agreement, as amended to ensure consistency with this title; and (B) from which no further appeal may be taken.
The United States would not be liable for failing to carry out a Title I obligation or activity if Congress did not expressly provide adequate funding for it.
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.
The defined Zuni Salt Lake and Sanctuary encompasses approximately 217,037 acres of mixed ownership. At enactment, approximately 92,364 federal acres would be closed to the listed public-land disposal, mining-claim, mineral-leasing, geothermal-leasing, and mineral-materials processes, subject to valid existing rights and the trust-transfer exception. Federal land later acquired within the boundary would receive the same restrictions upon acquisition.
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
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— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) 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— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
The Bureau of Land Management would manage the withdrawn federal land under federal land-management law, consulting the Tribe. The stated purposes would be protection of the lake and sanctuary, their water supply, and associated cultural resources; the text does not establish that these outcomes would necessarily result.
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.
On the withdrawn federal land, vehicles would generally be limited to designated routes, with administrative and emergency exceptions. New or expanded wells would be barred except replacements for failed wells; permitted grazing could not increase. New rights-of-way and leases would be limited to specified research or monitoring. Timber sales, free timber use, and the activity legally defined as casual collecting would not be authorized.
The following restrictions shall apply to the Federal land described in subsection (a): (1) 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. (2) 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. (3) No increase in existing permitted grazing use may be authorized. (4) 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. (5) No sale or free use of timber may be authorized. (6) Casual collecting shall not be authorized.
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).
On the Enforceability Date, the Secretary would place the United States' interests in the mapped Tribal Acquisition Area into trust for the Tribe, subject to valid existing rights and other conditions. The section 202 land withdrawal would end for transferred land. Associated water rights would also be held in trust but kept separate from the settlement's defined Tribal Water Rights.
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.
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)— (A) shall be held in trust for the Tribe; but (B) shall not be included in the Tribal Water Rights.
Existing valid rights, contracts, leases, permits, and rights-of-way would continue on transferred land unless their holders sought earlier termination under existing law. The Bureau of Indian Affairs would take over the previous agency's benefits and obligations and pass specified post-transfer land revenues to the Tribe.
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— (I) 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 (II) 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.
A permit or other rights holder would retain improvements classified as personal property under state law, but generally must remove them within 90 days after the authorization expires. Unless the holder and Tribe agreed otherwise, property left beyond that period would become Tribal property, and the former holder would owe the Tribe its removal and disposal costs.
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— (I) remain the property of the holder; and (II) 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— (I) become the property of the Tribe; and (II) 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).
If the Tribe acquired land in the mapped Potential Future Acquisition Areas, the Secretary would have to take it into trust. The land must be free of liens, encumbrances, or other title problems, with no evidence of hazardous substances or other environmental liability.
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— (1) the land shall be free from any liens, encumbrances, or other infirmities; and (2) no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land.
The Secretary would prepare maps and publish legal land descriptions as soon as practicable after enactment. They would carry the same legal force as text included in Title II, subject to correction of clerical and typographical errors, and would be available for public inspection at appropriate Bureau of Land Management offices.
As soon as practicable after the date of enactment of this Act, the Secretary shall— (1) prepare maps depicting— (A) the land withdrawn under section 202; and (B) the land taken into trust under section 204; and (2) 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.
The supplied actions snapshot, updated July 23, 2026, records introduction in the House and referral to the House Committee on Natural Resources on February 18, 2025. It supplies no later legislative action and does not establish enactment.
Source snapshot updated 2026-07-23T23:06:25Z. 2025-02-18: Referred to the House Committee on Natural Resources. 2025-02-18: Introduced in House 2025-02-18: Introduced in House
A closer look
Reviewed version: Introduced in House · 2025-02-18. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated rider was identified in the complete supplied introduced version. The water settlement, its funding, and the lake and sanctuary provisions form the proposal's connected subject matter. This conclusion does not establish the absence of riders in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
Findings to examine
The supplied text directs funding to named recipient-specific accounts, fitting the requested spending-screen definition. Formal congressional earmark status cannot be established without accompanying disclosure and committee materials.
Section 106 would direct $655.5 million to the Zuni Tribe's settlement account and $29.5 million to its infrastructure upkeep account, before adjustments. These are specified allocations to named Tribal accounts rather than a general competitive funding program.
Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Zuni Tribe Water Rights Settlement Trust Account established under section 105(b)(1), $655,500,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Zuni Tribe Operation, Maintenance, & Replacement Trust Account established under section 105(b)(2), $29,500,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
The amount appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The supplied version contains narrow statutory protections and mandatory land treatment connected to the settlement. These findings identify the treatment and beneficiaries; they do not imply improper motives or unjustified benefits.
The Tribe's settlement water rights would receive express protection against loss through nonuse or other operation of law. Specified later-acquired state-law water rights would also be protected against forfeiture, abandonment, and permanent transfer. These are targeted legal protections within the settlement.
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.
The agreement's execution would receive a specific exception from treatment as a major federal action under the National Environmental Policy Act. This narrowly concerns signing the Zuni settlement; implementation would still require compliance with applicable federal environmental laws.
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.).
In implementing the Agreement and this title, the Secretary shall comply with— (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and (C) all other applicable Federal environmental laws and regulations.
The Tribe would receive mandatory trust transfers of designated federal land at enforceability and mandatory trust acceptance of specified land it later acquires. This is geographically and recipient-specific treatment tied to the settlement's land-protection provisions, subject to existing rights and the stated acquisition conditions.
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.
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— (1) the land shall be free from any liens, encumbrances, or other infirmities; and (2) no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land.
Full text preserved for this analysis. Legislative record snapshot: Jul 23, 2026. How PlainBill uses AI