[109th Congress Public Law 379]
[From the U.S. Government Printing Office]


[DOCID: f:publ379.109]

[[Page 2665]]

                      PUEBLO OF ISLETA SETTLEMENT 
                         AND NATURAL RESOURCES 
                         RESTORATION ACT OF 2006

[[Page 120 STAT. 2666]]

Public Law 109-379
109th Congress

                                 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. <<NOTE: Dec. 1, 2006 -  [H.R. 5842]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Pueblo of Isleta 
Settlement and Natural Resources Restoration Act of 2006.>> 
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).

[[Page 120 STAT. 2667]]

            (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.

[[Page 120 STAT. 2668]]

                    (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.

[[Page 120 STAT. 2669]]

                    (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 <<NOTE: Deadline.>> 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.

[[Page 120 STAT. 2670]]

    (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.

    Approved December 1, 2006.

LEGISLATIVE HISTORY--H.R. 5842 (S. 3648):
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SENATE REPORTS: No. 109-354 accompanying S. 3648 (Comm. on Indian 
Affairs).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            Sept. 27, considered and passed House.
            Nov. 13, considered and passed Senate.

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