[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.