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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mescalero Apache 

3 Tribe Leasing Authorization Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADJUDICATED WATER RIGHTS.—The term 

7 ‘‘adjudicated water rights’’ means water rights that 

8 were adjudicated to the Tribe in State v. Lewis, 116 

9 N.M. 194, 861 P. 2d 235 (1993). 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (3) STATE.—The term ‘‘State’’ means the State 

13 of New Mexico. 

14 (4) TRIBE.—The term ‘‘Tribe’’ means the Mes15 calero Apache Tribe. 

16 SEC. 3. AUTHORIZATION TO LEASE ADJUDICATED WATER 

17 RIGHTS. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, subject to subsections (b) and (c), the Tribe 

20 may lease, enter into a contract with respect to, or other21 wise transfer to another party, for another purpose, or to 

22 another place of use in the State, all or any portion of 

23 the adjudicated water rights. 

24 (b) STATE LAW.—In carrying out any action under 

25 subsection (a), the Tribe shall comply with all laws (inVerDate Mar 15 2010 23:04 Jan 02, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1461.RDS H1461

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HR 1461 RDS 

1 cluding regulations) of the State with respect to the leas2 ing or transfer of water rights. 

3 (c) ALIENATION; MAXIMUM TERM.— 

4 (1) ALIENATION.—The Tribe shall not perma5 nently alienate any adjudicated water rights. 

6 (2) MAXIMUM TERM.—The term of any water 

7 use lease, contract, or other agreement under this 

8 section (including a renewal of such an agreement) 

9 shall be not more than 99 years. 

10 (d) LIABILITY.—The Secretary shall not be liable to 

11 the Tribe or any other person for any loss or other det12 riment resulting from a lease, contract, or other arrange13 ment entered into pursuant to this section. 

14 (e) PURCHASES OR GRANTS OF LAND FROM INDI15 ANS.—The authorization provided by this Act for the leas16 ing, contracting, and transfer of the adjudicated water 

17 rights shall be considered to satisfy any requirement for 

18 authorization of the action by treaty or convention im19 posed by section 2116 of the Revised Statutes (25 U.S.C. 

20 177). 

21 (f) PROHIBITION ON FORFEITURE.—The nonuse of 

22 all or any portion of the adjudicated water rights by a 

23 lessee or contractor shall not result in the forfeiture, aban24 donment, relinquishment, or other loss of all or any por25 tion of the adjudicated water rights. 


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1 (g) APPLICABILITY.—This Act shall not apply to 

2 leasing, contracting, or transfer of the adjudicated water 

3 rights on the Tribe’s reservation. 

Passed the House of Representatives September 19, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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