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S564119th Congress

Zuni Indian Tribe Water Rights Settlement Act of 2025

Sponsored By: Senator Heinrich, Martin [D-NM]

In Committee

Summary

Would confirm and fund Zuni Tribe water rights in the Zuni River Basin. The bill would create a federally backed trust and legal framework to define Tribal water rights, fund water projects, and protect Zuni Salt Lake and its cultural resources.

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  • Zuni Tribe and tribal members: Tribal water rights would be held in trust and shielded from forfeiture. The bill would establish a Settlement Trust Fund with accounts funded at $655.5 million and $29.5 million for implementation and operation.
  • Land, water, and cultural protections: The bill would withdraw about 92,364 acres of federal land from mining and development to protect the Zuni Salt Lake and reserve management to the Bureau of Land Management in consultation with the Tribe.
  • State and federal roles: New Mexico must provide $750,000 and $500,000 for monitoring and mitigation plans. The Department of the Interior would take specified lands into trust for the Tribe and oversee environmental compliance.

*If enacted, the bill would provide mandatory Treasury appropriations totaling $685.0 million, increasing federal outlays by that amount.*

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 0 costs, 2 mixed.

Large federal trust for Zuni

If enacted, the Secretary would set up a Zuni Settlement Trust Fund with two accounts. The government would deposit $655.5 million to the water account and $29.5 million to an operations account, a total of $685 million. The money would remain available until spent and could earn investment returns. Deposits would be adjusted for construction cost changes starting January 1, 2022 until the funds are deposited.

Enforceability date, waivers, limits

This bill would make the settlement legally effective only after the Secretary publishes a Federal Register finding that many conditions are met. If the Secretary does not publish those findings by July 1, 2030, the title would expire and many settlement actions and some federal spending could be voided or returned. On the enforceability date the Tribe and United States would execute waivers of pre-date water claims, but environmental and later enforcement claims would be preserved. The United States would not be liable for failures to act unless Congress provides the money needed to carry out the title.

Who pays for environmental reviews

If enacted, projects under the settlement would have to follow NEPA, the Endangered Species Act, and other federal environmental laws. The Tribe would prepare required environmental documents, and the Secretary would independently evaluate and be responsible for their accuracy. Most environmental compliance costs would be paid from the Trust Fund, but costs tied to federal approvals or inherently federal functions would remain the Secretary's responsibility.

Allottee water rights stay separate

If enacted, individual Allottee water rights and claims would be preserved and treated separately from the Tribal Water Rights resolved by the settlement. Allottees or the United States as trustee could bring water claims for allotted land to be adjudicated in the Zuni River system. If an Allotment later becomes Zuni Lands, its water use would then be subject to the Tribal Water Rights rules.

Protect Zuni Salt Lake lands

If enacted, about 92,364 acres would be withdrawn from public disposals and mining to protect Zuni Salt Lake and the Sanctuary. The BLM would manage the withdrawn land with limits like designated vehicle routes, no new wells or well expansion (except replacement for failed wells), no increased grazing, and strict limits on new rights‑of‑way and leases. Maps and legal descriptions would be published, and Tribal Acquisition Areas on the map would be taken into trust on the enforceability date subject to valid existing rights.

State pays monitoring and mitigation

Pursuant to the Agreement, the State of New Mexico would pay $750,000 to develop and run monitoring plans. The State would also deposit $500,000 in an interest‑bearing account to mitigate harm to non‑Indian domestic and livestock groundwater rights from new Tribal water use. Those two payments total $1.25 million.

Tribal water rights kept in trust

If enacted, Tribal Water Rights would be held in trust by the United States and could not be lost by non‑use, forfeiture, abandonment, or permanent sale. The Tribe would be able to allocate, distribute, and lease Tribal Water Rights off Zuni Lands with Secretary approval. Any lease, including renewals, could not exceed 99 years, and State law changes would be required before those leases take effect.

Sponsors & CoSponsors

Sponsor

Heinrich, Martin [D-NM]

NM • D

Cosponsors

  • Sen. Luján, Ben Ray [D-NM]

    NM • D

    Sponsored 2/13/2025

Roll Call Votes

No roll call votes available for this bill.

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