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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
23:04 Jan 02, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.RDS
H1461
srobinson on DSK4SPTVN1PROD with
HR 1461 RDS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mescalero Apache 
Tribe Leasing Authorization Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADJUDICATED WATER RIGHTS.—The term 
‘‘adjudicated water rights’’ means water rights that 
were adjudicated to the Tribe in State v. Lewis, 116 
N.M. 194, 861 P. 2d 235 (1993). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
(4) TRIBE.—The term ‘‘Tribe’’ means the Mes-
calero Apache Tribe. 
SEC. 3. AUTHORIZATION TO LEASE ADJUDICATED WATER 
RIGHTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, subject to subsections (b) and (c), the Tribe 
may lease, enter into a contract with respect to, or other-
wise transfer to another party, for another purpose, or to 
another place of use in the State, all or any portion of 
the adjudicated water rights. 
(b) STATE LAW.—In carrying out any action under 
subsection (a), the Tribe shall comply with all laws (in-
VerDate Mar 15 2010 
23:04 Jan 02, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.RDS
H1461
srobinson on DSK4SPTVN1PROD with
HR 1461 RDS 
cluding regulations) of the State with respect to the leas-
ing or transfer of water rights. 
(c) ALIENATION; MAXIMUM TERM.— 
(1) ALIENATION.—The Tribe shall not perma-
nently alienate any adjudicated water rights. 
(2) MAXIMUM TERM.—The term of any water 
use lease, contract, or other agreement under this 
section (including a renewal of such an agreement) 
shall be not more than 99 years. 
(d) LIABILITY.—The Secretary shall not be liable to 
the Tribe or any other person for any loss or other det-
riment resulting from a lease, contract, or other arrange-
ment entered into pursuant to this section. 
(e) PURCHASES OR GRANTS OF LAND FROM INDI-
ANS.—The authorization provided by this Act for the leas-
ing, contracting, and transfer of the adjudicated water 
rights shall be considered to satisfy any requirement for 
authorization of the action by treaty or convention im-
posed by section 2116 of the Revised Statutes (25 U.S.C. 
177). 
(f) PROHIBITION ON FORFEITURE.—The nonuse of 
all or any portion of the adjudicated water rights by a 
lessee or contractor shall not result in the forfeiture, aban-
donment, relinquishment, or other loss of all or any por-
tion of the adjudicated water rights. 
VerDate Mar 15 2010 
23:04 Jan 02, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.RDS
H1461
srobinson on DSK4SPTVN1PROD with
HR 1461 RDS 
(g) APPLICABILITY.—This Act shall not apply to 
leasing, contracting, or transfer of the adjudicated water 
rights on the Tribe’s reservation. 
Passed the House of Representatives September 19, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Mar 15 2010 
23:04 Jan 02, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1461.RDS
H1461
srobinson on DSK4SPTVN1PROD with