II 

109TH CONGRESS 

2D SESSION S. 3648 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2006 

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pueblo of Isleta Settle5 ment and Natural Resources Restoration Act of 2006’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) there is pending before the United States 

2 Court of Federal Claims a civil action filed by the 

3 Pueblo against the United States in which the Pueb4 lo seeks to recover damages pursuant to the Isleta 

5 Jurisdictional Act; 

6 (2) the Pueblo and the United States, after a 

7 diligent investigation of the Pueblo claims, have ne8 gotiated a Settlement Agreement, the validity and 

9 effectiveness of which is contingent on the enact10 ment of enabling legislation; 

11 (3) certain land of the Pueblo is waterlogged, 

12 and it would be to the benefit of the Pueblo and 

13 other water users to drain the land and return water 

14 to the Rio Grande River; and 

15 (4) there is Pueblo forest land in need of reme16 diation in order to improve timber yields, reduce the 

17 threat of fire, reduce erosion, and improve grazing 

18 conditions. 

19 (b) PURPOSES.—The purposes of this Act are— 

20 (1) to improve the drainage of the irrigated 

21 land, the health of the forest land, and other natural 

22 resources of the Pueblo; and 

23 (2) to settle all claims that were raised or could 

24 have been raised by the Pueblo against the United 


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1 States under the Isleta Jurisdictional Act in accord2 ance with section 5. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ISLETA JURISDICTIONAL ACT.—The term 

6 ‘‘Isleta Jurisdictional Act’’ means Public Law 104– 

7 198 (110 Stat. 2418). 

8 (2) PUEBLO.—The term ‘‘Pueblo’’ means the 

9 Pueblo of Isleta, a federally-recognized Indian tribe. 

10 (3) RESTORATION FUND.—The term ‘‘Restora11 tion Fund’’ means the Pueblo of Isleta Natural Re12 sources Restoration Fund established by section 

13 4(a). 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (5) SETTLEMENT AGREEMENT.—The term 

17 ‘‘Settlement Agreement’’ means the Agreement of 

18 Compromise and Settlement entered into between 

19 the United States and the Pueblo dated July 12, 

20 2005, as modified by the Extension and Modification 

21 Agreement executed by the United States and the 

22 Pueblo on June 22, 2006, to settle the claims of the 

23 Pueblo in Docket No. 98–166L, a case pending in 

24 the United States Court of Federal Claims. 


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1 SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RES2 TORATION TRUST FUND. 

3 (a) ESTABLISHMENT.—There is established in the 

4 Treasury of the United States a trust fund, to be known 

5 as the ‘‘Pueblo of Isleta Natural Resources Restoration 

6 Fund’’, consisting of— 

7 (1) such amounts as are transferred to the Res8 toration Fund under subsection (b); and 

9 (2) any interest earned on investment of 

10 amounts in the Restoration Fund under subsection 

11 (d). 

12 (b) TRANSFERS TO RESTORATION FUND.—Upon 

13 entry of the final judgment described in section 5(b), there 

14 shall be transferred to the Restoration Fund, in accord15 ance with conditions specified in the Settlement Agree16 ment and this Act— 

17 (1) $32,838,750 from the permanent judgment 

18 appropriation established pursuant to section 1304 

19 of title 31, United States Code; and 

20 (2) in addition to the amounts transferred 

21 under paragraph (1), at such times and in such 

22 amounts as are specified for that purpose in the an23 nual budget of the Department of the Interior, au24 thorized to be appropriated by subsection (f), and 

25 made available by an Act of appropriation, a total of 

26 $7,200,000. 


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1 (c) DISTRIBUTION OF AMOUNTS FROM RESTORA2 TION FUND.— 

3 (1) APPROPRIATED AMOUNTS.— 

4 (A) IN GENERAL.—Subject to paragraph 

5 (3), upon the request of the Pueblo, the Sec6 retary shall distribute amounts deposited in the 

7 Restoration Fund pursuant to section V of the 

8 Settlement Agreement and subsection (b)(2), in 

9 accordance with the terms and conditions of the 

10 Settlement Agreement and this Act, on the con11 dition that the Secretary, before any such dis12 tribution, receives from the Pueblo such assur13 ances as are satisfactory to the Secretary 

14 that— 

15 (i) the Pueblo shall deliver funds in 

16 the amount of $7,100,000 toward drainage 

17 and remediation of the agricultural land 

18 and rehabilitation of forest and range land 

19 of the Pueblo in accordance with section 

20 IV(C) and IV(D) of the Settlement Agree21 ment; and 

22 (ii) those funds shall be available for 

23 expenditure for drainage and remediation 

24 expenses as provided in sections IV(C) and 

25 IV(D) of the Settlement Agreement on the 


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1 dates on which the Secretary makes dis2 tributions, and in amounts equal to the 

3 amounts so distributed, in accordance with 

4 sections IV(A) and IV(B) of the Settle5 ment Agreement. 

6 (B) USE OF FUNDS.—Of the amounts dis7 tributed by the Secretary from the Restoration 

8 Fund under subparagraph (A)— 

9 (i) $5,700,000 shall be available to 

10 the Pueblo for use in carrying out the 

11 drainage and remediation of approximately 

12 1,081 acres of waterlogged agricultural 

13 land, as described in section IV(A) of the 

14 Settlement Agreement; and 

15 (ii) $1,500,000 shall be available to 

16 the Pueblo for use in carrying out the re17 habilitation and remediation of forest and 

18 range land, as described in section IV(B) 

19 of the Settlement Agreement. 

20 (C) FEDERAL CONSULTATION.—Restora21 tion work carried out using funds distributed 

22 under this paragraph shall be planned and per23 formed in consultation with— 

24 (i) the Bureau of Indian Affairs; and 


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1 (ii) such other Federal agencies as are 

2 necessary. 

3 (D) UNUSED FUNDS.—Any funds, includ4 ing any interest income, that are distributed 

5 under this paragraph but that are not needed 

6 to carry out this paragraph shall be available 

7 for use in accordance with paragraph (2)(A). 

8 (2) AMOUNTS FROM JUDGMENT FUND.— 

9 (A) IN GENERAL.—Subject to paragraph 

10 (3), the amount paid into the Restoration Fund 

11 under subsection (b)(1), and interest income re12 sulting from investment of that amount, shall 

13 be available to the Pueblo for— 

14 (i) the acquisition, restoration, im15 provement, development, and protection of 

16 land, natural resources, and cultural re17 sources within the exterior boundaries of 

18 the Pueblo, including improvements to the 

19 water supply and sewage treatment facili20 ties of the Pueblo; and 

21 (ii) for the payment and reimburse22 ment of attorney and expert witness fees 

23 and expenses incurred in connection with 

24 Docket No. 98–166L of the United States 


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1 Court of Federal Claims, as provided in 

2 the Settlement Agreement. 

3 (B) NO CONTINGENCY ON PROVISION OF

4 FUNDS BY PUEBLO.—The receipt and use of 

5 funds by the Pueblo under this paragraph shall 

6 not be contingent upon the provision by the 

7 Pueblo of the funds described in paragraph 

8 (1)(A)(i). 

9 (3) EXPENDITURES AND WITHDRAWAL.— 

10 (A) TRIBAL MANAGEMENT PLAN.— 

11 (i) IN GENERAL.—Subject to clause 

12 (ii), the Pueblo may withdraw all or part 

13 of the Restoration Fund on approval by 

14 the Secretary of a tribal management plan 

15 in accordance with section 202 of the 

16 American Indian Trust Fund Management 

17 Reform Act of 1994 (25 U.S.C. 4022). 

18 (ii) REQUIREMENTS.—In addition to 

19 the requirements under the American In20 dian Trust Fund Management Reform Act 

21 of 1994 (25 U.S.C. 4001 et seq.), a tribal 

22 management plan described in clause (i) 

23 shall require that the Pueblo shall expend 

24 any funds withdrawn from the Restoration 

25 Fund under this paragraph in a manner 


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1 consistent with the purposes described in 

2 the Settlement Agreement. 

3 (B) ENFORCEMENT.—The Secretary may 

4 take judicial or administrative action to enforce 

5 the provisions of any tribal management plan 

6 described in subparagraph (A)(i) to ensure that 

7 any funds withdrawn from the Restoration 

8 Fund under this paragraph are used in accord9 ance with this Act. 

10 (C) LIABILITY.—If the Pueblo exercises 

11 the right to withdraw funds from the Restora12 tion Fund under this paragraph, neither the 

13 Secretary nor the Secretary of the Treasury 

14 shall retain any liability for the accounting, dis15 bursement, or investment of the funds with16 drawn. 

17 (D) EXPENDITURE PLAN.— 

18 (i) IN GENERAL.—The Pueblo shall 

19 submit to the Secretary for approval an ex20 penditure plan for any portion of the funds 

21 in the Restoration Fund made available 

22 under this Act that the Pueblo does not 

23 withdraw under this paragraph. 

24 (ii) DESCRIPTION.—The expenditure 

25 plan shall describe the manner in which, 


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1 and the purposes for which, funds of the 

2 Pueblo remaining in the Restoration Fund 

3 will be used. 

4 (iii) APPROVAL.—On receipt of an ex5 penditure plan under clause (i), the Sec6 retary shall approve the plan if the Sec7 retary determines that the plan is reason8 able and consistent with this Act and the 

9 Settlement Agreement. 

10 (E) ANNUAL REPORT.—The Pueblo shall 

11 submit to the Secretary an annual report that 

12 describes expenditures from the Restoration 

13 Fund during the year covered by the report. 

14 (d) MAINTENANCE AND INVESTMENT OF RESTORA15 TION FUND.— 

16 (1) IN GENERAL.—The Restoration Fund and 

17 amounts in the Restoration Fund shall be main18 tained and invested by the Secretary of the Interior 

19 pursuant to the first section of the Act of June 24, 

20 1938 (52 Stat. 1037, chapter 648). 

21 (2) CREDITS TO RESTORATION FUND.—The in22 terest on, and the proceeds from the sale or redemp23 tion of, any obligations held in the Restoration Fund 

24 shall be credited to, and form a part of, the Restora25 tion Fund. 


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1 (e) PROHIBITION ON PER-CAPITA PAYMENTS.—No 

2 portion of the amounts in the Restoration Fund shall be 

3 available for payment on a per-capita basis to members 

4 of the Pueblo. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Restoration Fund 

7 $7,200,000. 

8 SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF 

9 LITIGATION, AND COMPENSATION TO PUEB10 LO. 

11 (a) RATIFICATION OF SETTLEMENT AGREEMENT.— 

12 The Settlement Agreement is ratified. 

13 (b) DISMISSAL.—Not later than 90 days after the 

14 date of enactment of this Act, the Pueblo and the United 

15 States shall execute and file a joint stipulation for entry 

16 of final judgment in the case of Pueblo of Isleta v. United 

17 States, Docket 98–166L, in the United States Court of 

18 Federal Claims in such form and such manner as are ac19 ceptable to the Attorney General and the Pueblo. 

20 (c) COMPENSATION.—After the date of enactment of 

21 this Act, in accordance with the Settlement Agreement, 

22 and upon entry of the final judgment described in sub23 section (b)— 

24 (1) compensation to the Pueblo shall be paid 

25 from the permanent judgment appropriation estabVerDate Aug 31 2005 21:53 Jul 13, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3648.IS S3648

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1 lished pursuant to section 1304 of title 31, United 

2 States Code, in the total amount of $32,838,750 for 

3 all monetary damages and attorney fees, interest, 

4 and any other fees and costs of any kind that were 

5 or could have been presented in connection with 

6 Docket No. 98–166L of the United States Court of 

7 Federal Claims; but 

8 (2) the Pueblo shall retain all rights, including 

9 the right to bring civil actions based on causes of ac10 tion, relating to the removal of ordnance under— 

11 (A) the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 

13 1980 (42 U.S.C. 9601 et seq.); 

14 (B) the Defense Environmental Restora15 tion Program under section 2701 of title 10, 

16 United States Code; and 

17 (C) any contract entered into by the Pueb18 lo for the removal of ordnance. 

19 (d) OTHER LIMITATIONS ON USE OF FUNDS.—The 

20 Indian Tribal Judgment Funds Use or Distribution Act 

21 (25 U.S.C. 1401 et seq.) shall not apply to funds distrib22 uted or withdrawn from the Restoration Fund under this 

23 Act. 

24 (e) NO EFFECT ON LAND, RESOURCES, OR WATER

25 RIGHTS.—Nothing in this Act affects the status of land 


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1 and natural resources of the Pueblo or any water right 

2 of the Pueblo. 

Æ 


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