[Congressional Record Volume 152, Number 90 (Wednesday, July 12, 2006)]
[Senate]
[Pages S7422-S7424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 3648. A bill 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; to the Committee on Indian Affairs.
  Mr. DOMENICI. Mr. President, I rise today with my good friend and 
colleague, Senator Bingaman, to introduce the Pueblo of Isleta 
Settlement and Natural Resources Restoration Act of 2006, an important 
piece of legislation for some of our constituents, the people of the 
Pueblo of Isleta.
  The Pueblo filed suit against the United States under Public Law 104-
198, which conferred jurisdiction on the U.S. Court of Federal Claims 
with respect to land claims of the Pueblo of Isleta Indian Tribe, 
alleging loss and injury to the Pueblo's lands and property interests 
because of mismanagement by the Federal Government. The parties to the 
suit have spent several years reviewing and discussing these 
allegations, and this year the Pueblo of Isleta, the U.S. Department of 
Justice, and the U.S. Department of Interior have come to an agreement 
on how to resolve those claims. The legislation I am introducing today 
with Senator Bingaman will codify the parties' agreement.
  Under the terms of the settlement agreement, the parties have agreed 
on how to use the funds paid to the Pueblo of Isleta. Some of the funds 
will be used for drainage and remediation of the Pueblo's agricultural 
lands that have been waterlogged. Some of the funds will be spent to 
rehabilitate and remediate the Pueblo's forest lands. Other funds will 
be used for the acquisition, restoration, improvement, development, and 
protection of land, natural resources and cultural resources of the 
Pueblo and for the payment and reimbursement of expenses incurred in 
connection with this lawsuit.
  The Pueblo of Isleta, the Department of Interior, and the Department 
of Justice have worked long and hard to resolve this matter. I believe 
Congress should act expeditiously to ratify the agreement they have 
reached.
  I ask unanimous consent that the text of the bill be printed in the 
Record

[[Page S7423]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3648

       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 of 
     the United States 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 by 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 section V of 
     the Settlement Agreement and subsection (b)(2), in accordance 
     with the terms and conditions of the Settlement Agreement and 
     this Act, on the condition that the Secretary, before any 
     such distribution, 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 
     enactment of this Act, the Pueblo and the United States shall 
     execute

[[Page S7424]]

     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 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 
     of the Pueblo or any water right of the Pueblo.
  Mr. BINGAMAN. Mr. President, I'm pleased today to join my colleague 
Senator Domenici in sponsoring the Pueblo of Isleta Settlement and 
Natural Resources Restoration Act. This bill would settle a 
longstanding dispute over federal mismanagement of lands that resulted 
in lands within the Pueblo being rendered unusable due to water 
intrusion. The money provided under the settlement would be designated 
towards remedying these losses.
  Like any settlement, I imagine neither side is completely happy with 
the result but it is a significant step and will begin the process of 
restoring inundated lands and acquiring substitute lands. I am happy 
both sides were able to work out their differences and come up with a 
solution we can support in Congress. I hope that, in addition to the 
financial commitment in the bill, the Department of Interior will 
continue to be a partner with the Pueblo in achieving the restoration 
of their lands.
  I hope my colleagues will join us to quickly move this legislation 
along so we can begin to restore these lands for the people of the 
Pueblo of Isleta.
                                 ______