II 

Calendar No. 651 

109TH CONGRESS 

2D SESSION S. 3648 

[Report No. 109–354] 

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 

SEPTEMBER 29, 2006 

Reported by Mr. MCCAIN, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pueblo of Isleta Settle3 ment and Natural Resources Restoration Act of 2006’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) there is pending before the United States 

7 Court of Federal Claims a civil action filed by the 

8 Pueblo against the United States in which the Pueb9 lo seeks to recover damages pursuant to the Isleta 

10 Jurisdictional Act; 

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

12 diligent investigation of the Pueblo claims, have ne13 gotiated a Settlement Agreement, the validity and 

14 effectiveness of which is contingent on the enact15 ment of enabling legislation; 

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

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

18 other water users to drain the land and return water 

19 to the Rio Grande River; and 

20 (4) there is Pueblo forest land in need of reme21 diation in order to improve timber yields, reduce the 

22 threat of fire, reduce erosion, and improve grazing 

23 conditions. 

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


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1 (1) to improve the drainage of the irrigated 

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

3 resources of the Pueblo; and 

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

5 have been raised by the Pueblo against the United 

6 States under the Isleta Jurisdictional Act in accord7 ance with section 5. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ISLETA JURISDICTIONAL ACT.—The term 

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

12 198 (110 Stat. 2418). 

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

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

15 (3) RESTORATION FUND.—The term ‘‘Restora16 tion Fund’’ means the Pueblo of Isleta Natural Re17 sources Restoration Fund established by section 

18 4(a). 

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

20 the Secretary of the Interior. 

21 (5) SETTLEMENT AGREEMENT.—The term 

22 ‘‘Settlement Agreement’’ means the Agreement of 

23 Compromise and Settlement entered into between 

24 the United States and the Pueblo dated July 12, 

25 2005, as modified by the Extension and Modification 


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1 Agreement executed by the United States and the 

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

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

4 the United States Court of Federal Claims. 

5 SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RES6 TORATION TRUST FUND. 

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

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

9 as the ‘‘Pueblo of Isleta Natural Resources Restoration 

10 Fund’’, consisting of— 

11 (1) such amounts as are transferred to the Res12 toration Fund under subsection (b); and 

13 (2) any interest earned on investment of 

14 amounts in the Restoration Fund under subsection 

15 (d). 

16 (b) TRANSFERS TO RESTORATION FUND.—Upon 

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

18 shall be transferred to the Restoration Fund, in accord19 ance with conditions specified in the Settlement Agree20 ment and this Act— 

21 (1) $32,838,750 from the permanent judgment 

22 appropriation established pursuant to section 1304 

23 of title 31, United States Code; and 

24 (2) in addition to the amounts transferred 

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


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1 amounts as are specified for that purpose in the an2 nual budget of the Department of the Interior, au3 thorized to be appropriated by subsection (f), and 

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

5 $7,200,000. 

6 (c) DISTRIBUTION OF AMOUNTS FROM RESTORA7 TION FUND.— 

8 (1) APPROPRIATED AMOUNTS.— 

9 (A) IN GENERAL.—Subject to paragraph 

10 (3), upon the request of the Pueblo, the Sec11 retary shall distribute amounts deposited in the 

12 Restoration Fund pursuant to section V of the 

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

14 accordance with the terms and conditions of the 

15 Settlement Agreement and this Act, on the con16 dition that the Secretary, before any such dis17 tribution, receives from the Pueblo such assur18 ances as are satisfactory to the Secretary 

19 that— 

20 (i) the Pueblo shall deliver funds in 

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

22 and remediation of the agricultural land 

23 and rehabilitation of forest and range land 

24 of the Pueblo in accordance with section 


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1 IV(C) and IV(D) of the Settlement Agree2 ment; and 

3 (ii) those funds shall be available for 

4 expenditure for drainage and remediation 

5 expenses as provided in sections IV(C) and 

6 IV(D) of the Settlement Agreement on the 

7 dates on which the Secretary makes dis8 tributions, and in amounts equal to the 

9 amounts so distributed, in accordance with 

10 sections IV(A) and IV(B) of the Settle11 ment Agreement. 

12 (B) USE OF FUNDS.—Of the amounts dis13 tributed by the Secretary from the Restoration 

14 Fund under subparagraph (A)— 

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

16 the Pueblo for use in carrying out the 

17 drainage and remediation of approximately 

18 1,081 acres of waterlogged agricultural 

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

20 Settlement Agreement; and 

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

22 the Pueblo for use in carrying out the re23 habilitation and remediation of forest and 

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

25 of the Settlement Agreement. 


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1 (C) FEDERAL CONSULTATION.—Restora2 tion work carried out using funds distributed 

3 under this paragraph shall be planned and per4 formed in consultation with— 

5 (i) the Bureau of Indian Affairs; and 

6 (ii) such other Federal agencies as are 

7 necessary. 

8 (D) UNUSED FUNDS.—Any funds, includ9 ing any interest income, that are distributed 

10 under this paragraph but that are not needed 

11 to carry out this paragraph shall be available 

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

13 (2) AMOUNTS FROM JUDGMENT FUND.— 

14 (A) IN GENERAL.—Subject to paragraph 

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

16 under subsection (b)(1), and interest income re17 sulting from investment of that amount, shall 

18 be available to the Pueblo for— 

19 (i) the acquisition, restoration, im20 provement, development, and protection of 

21 land, natural resources, and cultural re22 sources within the exterior boundaries of 

23 the Pueblo, including improvements to the 

24 water supply and sewage treatment facili25 ties of the Pueblo; and 


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1 (ii) for the payment and reimburse2 ment of attorney and expert witness fees 

3 and expenses incurred in connection with 

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

5 Court of Federal Claims, as provided in 

6 the Settlement Agreement. 

7 (B) NO CONTINGENCY ON PROVISION OF

8 FUNDS BY PUEBLO.—The receipt and use of 

9 funds by the Pueblo under this paragraph shall 

10 not be contingent upon the provision by the 

11 Pueblo of the funds described in paragraph 

12 (1)(A)(i). 

13 (3) EXPENDITURES AND WITHDRAWAL.— 

14 (A) TRIBAL MANAGEMENT PLAN.— 

15 (i) IN GENERAL.—Subject to clause 

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

17 of the Restoration Fund on approval by 

18 the Secretary of a tribal management plan 

19 in accordance with section 202 of the 

20 American Indian Trust Fund Management 

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

22 (ii) REQUIREMENTS.—In addition to 

23 the requirements under the American In24 dian Trust Fund Management Reform Act 

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


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1 management plan described in clause (i) 

2 shall require that the Pueblo shall expend 

3 any funds withdrawn from the Restoration 

4 Fund under this paragraph in a manner 

5 consistent with the purposes described in 

6 the Settlement Agreement. 

7 (B) ENFORCEMENT.—The Secretary may 

8 take judicial or administrative action to enforce 

9 the provisions of any tribal management plan 

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

11 any funds withdrawn from the Restoration 

12 Fund under this paragraph are used in accord13 ance with this Act. 

14 (C) LIABILITY.—If the Pueblo exercises 

15 the right to withdraw funds from the Restora16 tion Fund under this paragraph, neither the 

17 Secretary nor the Secretary of the Treasury 

18 shall retain any liability for the accounting, dis19 bursement, or investment of the funds with20 drawn. 

21 (D) EXPENDITURE PLAN.— 

22 (i) IN GENERAL.—The Pueblo shall 

23 submit to the Secretary for approval an ex24 penditure plan for any portion of the funds 

25 in the Restoration Fund made available 


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1 under this Act that the Pueblo does not 

2 withdraw under this paragraph. 

3 (ii) DESCRIPTION.—The expenditure 

4 plan shall describe the manner in which, 

5 and the purposes for which, funds of the 

6 Pueblo remaining in the Restoration Fund 

7 will be used. 

8 (iii) APPROVAL.—On receipt of an ex9 penditure plan under clause (i), the Sec10 retary shall approve the plan if the Sec11 retary determines that the plan is reason12 able and consistent with this Act and the 

13 Settlement Agreement. 

14 (E) ANNUAL REPORT.—The Pueblo shall 

15 submit to the Secretary an annual report that 

16 describes expenditures from the Restoration 

17 Fund during the year covered by the report. 

18 (d) MAINTENANCE AND INVESTMENT OF RESTORA19 TION FUND.— 

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

21 amounts in the Restoration Fund shall be main22 tained and invested by the Secretary of the Interior 

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

24 1938 (52 Stat. 1037, chapter 648). 


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1 (2) CREDITS TO RESTORATION FUND.—The in2 terest on, and the proceeds from the sale or redemp3 tion of, any obligations held in the Restoration Fund 

4 shall be credited to, and form a part of, the Restora5 tion Fund. 

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

7 portion of the amounts in the Restoration Fund shall be 

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

9 of the Pueblo. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Restoration Fund 

12 $7,200,000. 

13 SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF 

14 LITIGATION, AND COMPENSATION TO PUEB15 LO. 

16 (a) RATIFICATION OF SETTLEMENT AGREEMENT.— 

17 The Settlement Agreement is ratified. 

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

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

20 States shall execute and file a joint stipulation for entry 

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

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

23 Federal Claims in such form and such manner as are ac24 ceptable to the Attorney General and the Pueblo. 


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

2 this Act, in accordance with the Settlement Agreement, 

3 and upon entry of the final judgment described in sub4 section (b)— 

5 (1) compensation to the Pueblo shall be paid 

6 from the permanent judgment appropriation estab7 lished pursuant to section 1304 of title 31, United 

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

9 all monetary damages and attorney fees, interest, 

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

11 or could have been presented in connection with 

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

13 Federal Claims; but 

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

15 the right to bring civil actions based on causes of ac16 tion, relating to the removal of ordnance under— 

17 (A) the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9601 et seq.); 

20 (B) the Defense Environmental Restora21 tion Program under section 2701 of title 10, 

22 United States Code; and 

23 (C) any contract entered into by the Pueb24 lo for the removal of ordnance. 


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

2 Indian Tribal Judgment Funds Use or Distribution Act 

3 (25 U.S.C. 1401 et seq.) shall not apply to funds distrib4 uted or withdrawn from the Restoration Fund under this 

5 Act. 

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

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

8 and natural resources of the Pueblo or any water right 

9 of the Pueblo. 


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Calendar No. 651 

109TH CONGRESS 

2D SESSION S. 3648 

[Report No. 109

–354] 

A BILL 

To compromise and settle all claims in the case of 

other purposes. land and natural resources of the Pueblo, and for prove, and develop the valuable on-reservation Pueblo of Isleta v. United States, to restore, imSEPTEMBER 29, 2006 

Reported without amendment 


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