Congressional Record, Volume 152 Issue 123 (Wednesday, September 27, 2006)

[Congressional Record Volume 152, Number 123 (Wednesday, September 27, 2006)]
[House]
[Pages H7651-H7653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PUEBLO OF ISLETA SETTLEMENT AND NATURAL RESOURCES RESTORATION ACT OF
2006

Mr. PEARCE. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 5842) 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.
The Clerk read as follows:

H.R. 5842

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.

[[Page H7652]]

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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Mexico (Mr. Pearce) and the gentleman from Wisconsin (Mr. Kind) each
will control 20 minutes.
The Chair recognizes the gentleman from New Mexico.
Mr. PEARCE. Madam Speaker, I yield myself such time as I may consume.
H.R. 5842 authored by myself ratifies a settlement agreement pending
between the Isleta Pueblo of New Mexico, a federally recognized tribe,
and the United States.
This settlement agreement is the result of many years of
environmental damage to certain reservation lands by the United States
Government. H.R. 5842 would establish a land restoration fund for the
Pueblo to acquire, restore and improve the land and natural resources
within the exterior boundaries of the reservation.

[[Page H7653]]

Passage of this legislation settles all claims by the Pueblo pending
in the United States Courts of Federal Claims. We understand that both
the administration and the entire New Mexico delegation fully support
this settlement and the corresponding legislation.
Madam Speaker, I rise today to support the passage of my bill, H.R.
5842, the ``Pueblo of Isleta Settlement and Natural Resources
Restoration Act of 2006.'' I jointly introduced this bill with the
support of the entire New Mexico Delegation. While this bill is a
settlement of claims against America by a tribal government, the result
of this settlement will benefit the Pueblo, the State of New Mexico and
all of America. By passing this bill we fulfill our responsibility for
the trust and management of these tribal lands.
This bill will settle the Pueblo's claims against the United States
for mismanagement damages of the Pueblo's tribal lands. The final
settlement to this case was reached in June between the U.S.
Departments of Interior and Justice and the tribal leaders and will
expire at the end of this session of Congress unless we act.
H.R. 5842 in settling the claims will result in a tremendous victory
not just for the Pueblo of Isleta but also for the whole of New Mexico.
Specifically, the legislation provides $32.8 million from the
Department of Justice judgment fund and an additional $7.2 million to
be appropriated.
The victory in the bill is that these funds will be used for the
acquisition, restoration, improvement, development and protection of
the land, natural resources and cultural resources of the Pueblo. The
measure also calls for the Pueblo to invest $7.1 million of its own
funds for the drainage and remediation of agricultural lands and the
rehabilitation of forest and range land.
This commitment of the tribe shows their willingness to work to
restore not just their lands but also a key portion of the Rio Grande
Watershed bringing environmental improvements to every water user on
the Rio Grande River.
If this bill isn't passed all we will have is more delay, more cost
and a situation that benefits no one. Therefore, I urge all my
colleagues to join me and help get this settlement agreement completed
today. This bill benefits New Mexico, and protects the American
taxpayer through a fair comprehensive settlement of the Pueblo's claim.
I want to thank many people for their hard work on making this bill a
reality. Specifically, I want to thank Governor Robert Benavides of
Isleta for his hard work and leadership in making this settlement such
a success for not just his citizens but all of New Mexico.
I want to thank my colleague, Mrs. Wilson for her help and my
Chairman Mr. Pombo for his leadership. Finally, I appreciate the hard
work of the House Resources staff, Chris Fluhr, Matt Miller, and Todd
Willens for helping bring this legislation to the House floor today.
Again, this settlement is good for America and should be passed here
today.
Madam Speaker, I reserve the balance of my time.
Mr. KIND. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, we have no objection in regards to this legislation. I
will encourage its adoption this evening.
Madam Speaker, I yield back the balance of our time.
Mr. PEARCE. Madam Speaker, I have no additional Speakers, and yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Mexico (Mr. Pearce) that the House suspend the rules
and pass the bill, H.R. 5842.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

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