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Title II — Zuni Salt Lake and Sanctuary Protection

S. 4643 · 118th Congress · Jul 9, 2024 · Lineage

II Zuni Salt Lake and Sanctuary Protection

Sec. 201 Definitions

In this title:
(1)
Casual collecting— 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).
(2)
Federal land— The term Federal land means—
(A)
any Federal land or interest in Federal land that is within the boundary of the Zuni Salt Lake and Sanctuary; and
(B)
any land or interest in land located within the boundary of the Zuni Salt Lake and Sanctuary that is acquired by the Federal Government after the date of enactment of this Act.
(3)
Map— The term Map means the map entitled “Legislative Map for Zuni Tribe Water Settlement” and dated June 17, 2024.
(4)
Zuni salt lake and sanctuary— The term Zuni Salt Lake and Sanctuary means the approximately 217,037 acres located in the State comprised of a mixture of private, Tribal trust, State, and Bureau of Land Management-managed lands, as depicted on the Map, protected by New Mexico Office of the State Engineer Order No. 199 (July 5, 2023) due to the historical and cultural significance of those lands.

Sec. 202 Withdrawal of certain Federal land in New Mexico

(a)
Withdrawal of Federal land— 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of enactment of this Act, the Federal land described in section 201(2)(A), comprising approximately 92,364 acres, is withdrawn from all forms of—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.
(b)
Withdrawal of land acquired— 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the date on which the land described in section 201(2)(B) is acquired by the Federal Government, that Federal land is withdrawn from all forms of—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.
(c)
Reservation— The Federal land withdrawn under this section is reserved for—
(1)
the protection of the Zuni Salt Lake and Sanctuary;
(2)
the quality and quantity of water resources that supply the Zuni Salt Lake; and
(3)
any cultural resources or values within or associated with the Zuni Salt Lake and Sanctuary.

Sec. 203 Management of Federal land

(a)
In general— In addition to the requirements of section 202, the Secretary, acting through the Director of the Bureau of Land Management, shall manage the Federal land withdrawn under that section in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), in consultation with the Tribe, to protect the Zuni Salt Lake and Sanctuary, the quality and quantity of water resources that supply the Zuni Salt Lake, and any cultural resources or values within or associated with the Zuni Salt Lake and Sanctuary.
(b)
Specific restrictions— 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.

Sec. 204 Transfer of land into trust

(a)
Federal land transfers—
(1)
In general— 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.
(2)
Terms and conditions—
(A)
Existing authorizations—
(i)
In general— 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.
(ii)
Assumption by Bureau of Indian Affairs— 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.
(B)
Personal property—
(i)
In general— 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.
(ii)
Remaining property— 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.
(iii)
Liability of previous holder— 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).
(3)
Termination of withdrawal of Federal land— 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.
(4)
Status of water rights on transferred land— 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.
(b)
Future trust land— 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.

Sec. 205 Maps and legal descriptions

(a)
Preparation of maps and legal descriptions— 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).
(b)
Legal effect— 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.
(c)
Availability— 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.