[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5842 Enrolled Bill (ENR)]
H.R.5842
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To compromise and settle all claims in the case of Pueblo of Isleta v.
United States, to restore, improve, and develop the valuable on-
reservation land and natural resources of the Pueblo, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pueblo of Isleta Settlement and
Natural Resources Restoration Act of 2006''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there is pending before the United States Court of Federal
Claims a civil action filed by the Pueblo against the United States
in which the Pueblo seeks to recover damages pursuant to the Isleta
Jurisdictional Act;
(2) the Pueblo and the United States, after a diligent
investigation of the Pueblo claims, have negotiated a Settlement
Agreement, the validity and effectiveness of which is contingent on
the enactment of enabling legislation;
(3) certain land of the Pueblo is waterlogged, and it would be
to the benefit of the Pueblo and other water users to drain the
land and return water to the Rio Grande River; and
(4) there is Pueblo forest land in need of remediation in order
to improve timber yields, reduce the threat of fire, reduce
erosion, and improve grazing conditions.
(b) Purposes.--The purposes of this Act are--
(1) to improve the drainage of the irrigated land, the health
of the forest land, and other natural resources of the Pueblo; and
(2) to settle all claims that were raised or could have been
raised by the Pueblo against the United States under the Isleta
Jurisdictional Act in accordance with section 5.
SEC. 3. DEFINITIONS.
In this Act:
(1) Isleta jurisdictional act.--The term ``Isleta
Jurisdictional Act'' means Public Law 104-198 (110 Stat. 2418).
(2) Pueblo.--The term ``Pueblo'' means the Pueblo of Isleta, a
federally recognized Indian tribe.
(3) Restoration fund.--The term ``Restoration Fund'' means the
Pueblo of Isleta Natural Resources Restoration Fund established by
section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Settlement agreement.--The term ``Settlement Agreement''
means the Agreement of Compromise and Settlement entered into
between the United States and the Pueblo, dated July 12, 2005, as
modified by the Extension and Modification Agreement executed by
the United States and the Pueblo on June 22, 2006, to settle the
claims of the Pueblo in Docket No. 98-166L, a case pending in the
United States Court of Federal Claims.
SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RESTORATION TRUST FUND.
(a) Establishment.--There is established in the Treasury a trust
fund, to be known as the ``Pueblo of Isleta Natural Resources
Restoration Fund'', consisting of--
(1) such amounts as are transferred to the Restoration Fund
under subsection (b); and
(2) any interest earned on investment of amounts in the
Restoration Fund under subsection (d).
(b) Transfers to Restoration Fund.--Upon entry of the final
judgment described in section 5(b), there shall be transferred to the
Restoration Fund, in accordance with conditions specified in the
Settlement Agreement and this Act--
(1) $32,838,750 from the permanent judgment appropriation
established pursuant to section 1304 of title 31, United States
Code; and
(2) in addition to the amounts transferred under paragraph (1),
at such times and in such amounts as are specified for that purpose
in the annual budget of the Department of the Interior, authorized
to be appropriated under subsection (f), and made available by an
Act of appropriation, a total of $7,200,000.
(c) Distribution of Amounts From Restoration Fund.--
(1) Appropriated amounts.--
(A) In general.--Subject to paragraph (3), upon the request
of the Pueblo, the Secretary shall distribute amounts deposited
in the Restoration Fund pursuant to subsection (b)(2) of this
section and section V of the Settlement Agreement, in
accordance with the terms and conditions of the Settlement
Agreement and this Act, on the condition that before any such
distribution the Secretary receives from the Pueblo such
assurances as are satisfactory to the Secretary that--
(i) the Pueblo shall deliver funds in the amount of
$7,100,000 toward drainage and remediation of the
agricultural land and rehabilitation of forest and range
land of the Pueblo in accordance with section IV(C) and
IV(D) of the Settlement Agreement; and
(ii) those funds shall be available for expenditure for
drainage and remediation expenses as provided in sections
IV(C) and IV(D) of the Settlement Agreement on the dates on
which the Secretary makes distributions, and in amounts
equal to the amounts so distributed, in accordance with
sections IV(A) and IV(B) of the Settlement Agreement.
(B) Use of funds.--Of the amounts distributed by the
Secretary from the Restoration Fund under subparagraph (A)--
(i) $5,700,000 shall be available to the Pueblo for use
in carrying out the drainage and remediation of
approximately 1,081 acres of waterlogged agricultural land,
as described in section IV(A) of the Settlement Agreement;
and
(ii) $1,500,000 shall be available to the Pueblo for
use in carrying out the rehabilitation and remediation of
forest and range land, as described in section IV(B) of the
Settlement Agreement.
(C) Federal consultation.--Restoration work carried out
using funds distributed under this paragraph shall be planned
and performed in consultation with--
(i) the Bureau of Indian Affairs; and
(ii) such other Federal agencies as are necessary.
(D) Unused funds.--Any funds, including any interest
income, that are distributed under this paragraph but that are
not needed to carry out this paragraph shall be available for
use in accordance with paragraph (2)(A).
(2) Amounts from judgment fund.--
(A) In general.--Subject to paragraph (3), the amount paid
into the Restoration Fund under subsection (b)(1), and interest
income resulting from investment of that amount, shall be
available to the Pueblo for--
(i) the acquisition, restoration, improvement,
development, and protection of land, natural resources, and
cultural resources within the exterior boundaries of the
Pueblo, including improvements to the water supply and
sewage treatment facilities of the Pueblo; and
(ii) for the payment and reimbursement of attorney and
expert witness fees and expenses incurred in connection
with Docket No. 98-166L of the United States Court of
Federal Claims, as provided in the Settlement Agreement.
(B) No contingency on provision of funds by pueblo.--The
receipt and use of funds by the Pueblo under this paragraph
shall not be contingent upon the provision by the Pueblo of the
funds described in paragraph (1)(A)(i).
(3) Expenditures and withdrawal.--
(A) Tribal management plan.--
(i) In general.--Subject to clause (ii), the Pueblo may
withdraw all or part of the Restoration Fund on approval by
the Secretary of a tribal management plan in accordance
with section 202 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4022).
(ii) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.), a tribal management plan
described in clause (i) shall require that the Pueblo shall
expend any funds withdrawn from the Restoration Fund under
this paragraph in a manner consistent with the purposes
described in the Settlement Agreement.
(B) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan described in subparagraph (A)(i) to ensure that
any funds withdrawn from the Restoration Fund under this
paragraph are used in accordance with this Act.
(C) Liability.--If the Pueblo exercises the right to
withdraw funds from the Restoration Fund under this paragraph,
neither the Secretary nor the Secretary of the Treasury shall
retain any liability for the accounting, disbursement, or
investment of the funds withdrawn.
(D) Expenditure plan.--
(i) In general.--The Pueblo shall submit to the
Secretary for approval an expenditure plan for any portion
of the funds in the Restoration Fund made available under
this Act that the Pueblo does not withdraw under this
paragraph.
(ii) Description.--The expenditure plan shall describe
the manner in which, and the purposes for which, funds of
the Pueblo remaining in the Restoration Fund will be used.
(iii) Approval.--On receipt of an expenditure plan
under clause (i), the Secretary shall approve the plan if
the Secretary determines that the plan is reasonable and
consistent with this Act and the Settlement Agreement.
(E) Annual report.--The Pueblo shall submit to the
Secretary an annual report that describes expenditures from the
Restoration Fund during the year covered by the report.
(d) Maintenance and Investment of Restoration Fund.--
(1) In general.--The Restoration Fund and amounts in the
Restoration Fund shall be maintained and invested by the Secretary
of the Interior pursuant to the first section of the Act of June
24, 1938 (52 Stat. 1037, chapter 648).
(2) Credits to restoration fund.--The interest on, and the
proceeds from the sale or redemption of, any obligations held in
the Restoration Fund shall be credited to, and form a part of, the
Restoration Fund.
(e) Prohibition on Per-Capita Payments.--No portion of the amounts
in the Restoration Fund shall be available for payment on a per capita
basis to members of the Pueblo.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Restoration Fund $7,200,000.
SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF LITIGATION, AND
COMPENSATION TO PUEBLO.
(a) Ratification of Settlement Agreement.--The Settlement Agreement
is ratified.
(b) Dismissal.--Not later than 90 days after the date of the
enactment of this Act, the Pueblo and the United States shall execute
and file a joint stipulation for entry of final judgment in the case of
Pueblo of Isleta v. United States, Docket 98-166L, in the United States
Court of Federal Claims in such form and such manner as are acceptable
to the Attorney General and the Pueblo.
(c) Compensation.--After the date of the enactment of this Act, in
accordance with the Settlement Agreement and upon entry of the final
judgment described in subsection (b)--
(1) compensation to the Pueblo shall be paid from the permanent
judgment appropriation established pursuant to section 1304 of
title 31, United States Code, in the total amount of $32,838,750
for all monetary damages and attorney fees, interest, and any other
fees and costs of any kind that were or could have been presented
in connection with Docket No. 98-166L of the United States Court of
Federal Claims; but
(2) the Pueblo shall retain all rights, including the right to
bring civil actions based on causes of action, relating to the
removal of ordnance under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Defense Environmental Restoration Program under
section 2701 of title 10, United States Code; and
(C) any contract entered into by the Pueblo for the removal
of ordnance.
(d) Other Limitations on Use of Funds.--The Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) shall not apply
to funds distributed or withdrawn from the Restoration Fund under this
Act.
(e) No Effect on Land, Resources, or Water Rights.--Nothing in this
Act affects the status of land and natural resources or any water right
of the Pueblo.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.