[109th Congress Public Law 379]
[From the U.S. Government Printing Office]
[DOCID: f:publ379.109]
[[Page 2665]]
PUEBLO OF ISLETA SETTLEMENT
AND NATURAL RESOURCES
RESTORATION ACT OF 2006
[[Page 120 STAT. 2666]]
Public Law 109-379
109th Congress
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. <<NOTE: Dec. 1, 2006 - [H.R. 5842]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Pueblo of Isleta
Settlement and Natural Resources Restoration Act of 2006.>>
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).
[[Page 120 STAT. 2667]]
(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.
[[Page 120 STAT. 2668]]
(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.
[[Page 120 STAT. 2669]]
(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 <<NOTE: Deadline.>> 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.
[[Page 120 STAT. 2670]]
(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.
Approved December 1, 2006.
LEGISLATIVE HISTORY--H.R. 5842 (S. 3648):
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SENATE REPORTS: No. 109-354 accompanying S. 3648 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 27, considered and passed House.
Nov. 13, considered and passed Senate.
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