[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 134 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 134

  To authorize the Mescalero Apache Tribe to lease adjudicated water 
                                rights.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

 Mr. Bingaman (for himself and Mr. Udall of New Mexico) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To authorize the Mescalero Apache Tribe to lease adjudicated water 
                                rights.

    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 ``Mescalero Apache Tribe Leasing 
Authorization Act''.

SEC. 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.

SEC. 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.
                                 <all>