Sec. 303. Effect
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/bill/119/s/4458/is/section-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this Act affects the treaty rights of any Indian Tribe or land grant-merced. Nothing in this Act— constitutes an express or implied reservation by the United States of water or water rights for any purpose; modifies or otherwise affects any water rights existing on the date of enactment of this Act, including any water rights held by the United States; affects an interstate water compact existing on the date of enactment of this Act; or imposes any mandatory streamflow requirement or any Federal water quality standard within the covered land.
The Secretary shall follow the procedural and substantive requirements of applicable State law to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to a covered area. Nothing in this Act affects valid existing rights, including the existing rights-of-way of Santa Fe County, the city of Santa Fe, or the Buckman Direct Diversion Board in the State, to conduct necessary repair, operations, maintenance, replacement, or expansion of drinking water supply infrastructure.
The Secretary may grant to Santa Fe County or the city of Santa Fe in the State new permits or rights-of-way to build water supply infrastructure not more than 1 mile from the historic settlement area commonly known as Buckman within the Special Management Area. Any repair, operations, maintenance, replacement, expansion, or new construction of water supply infrastructure in a covered area shall be conducted in a manner that is consistent with the purposes of this Act. Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones where, and establish periods during which, hunting shall not be allowed within a covered area for reasons of public safety, administration, or public use and enjoyment.
The Secretary shall not disclose to the public— information relating to the covered area that is derived from Indigenous knowledge that has not otherwise been released to the public as of the date of enactment of this Act; or information relating to the nature or location of any sacred site in a covered area, if the Secretary determines, in consultation with the interested Indian Tribe, that such a disclosure may— risk harm to the cultural resources of the sacred site; cause a significant invasion of privacy; or impede the use of the sacred site for traditional cultural activities by an Indian Tribe or members of an Indian Tribe.
Information described in paragraph
(1)shall be exempt from disclosure under section 552 of title 5, United States Code. For purposes of subparagraph (A), this subsection shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code.