II 112th CONGRESS 2d Session H. R. 1461 IN THE SENATE OF THE UNITED STATES September 20, 2012 Received AN ACT To authorize the Mescalero Apache Tribe to lease adjudicated water rights.

1.

Short title

This Act may be cited as the Mescalero Apache Tribe Leasing Authorization Act.

2.

Definitions

In this Act: (1)

Adjudicated water rights

The term adjudicated water rights means water rights that were adjudicated to the Tribe in State v. Lewis, 116 N.M. 194, 861 P. 2d 235 (1993). (2)

Secretary

The term Secretary means the Secretary of the Interior. (3)

State

The term State means the State of New Mexico. (4)

Tribe

The term Tribe means the Mescalero Apache Tribe.

3.

Authorization to lease adjudicated water rights

(a)

In general

Notwithstanding any other provision of law, subject to subsections (b) and (c), the Tribe may lease, enter into a contract with respect to, or otherwise transfer to another party, for another purpose, or to another place of use in the State, all or any portion of the adjudicated water rights. (b)

State law

In carrying out any action under subsection (a), the Tribe shall comply with all laws (including regulations) of the State with respect to the leasing or transfer of water rights. (c)

Alienation; maximum term

(1)

Alienation

The Tribe shall not permanently alienate any adjudicated water rights. (2)

Maximum term

The term of any water use lease, contract, or other agreement under this section (including a renewal of such an agreement) shall be not more than 99 years. (d)

Liability

The Secretary shall not be liable to the Tribe or any other person for any loss or other detriment resulting from a lease, contract, or other arrangement entered into pursuant to this section. (e)

Purchases or grants of land from Indians

The authorization provided by this Act for the leasing, contracting, and transfer of the adjudicated water rights shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes (25 U.S.C. 177). (f)

Prohibition on forfeiture

The nonuse of all or any portion of the adjudicated water rights by a lessee or contractor shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the adjudicated water rights. (g)

Applicability

This Act shall not apply to leasing, contracting, or transfer of the adjudicated water rights on the Tribe’s reservation.

Passed the House of Representatives September 19, 2012. Karen L. Haas, Clerk