Pueblo de Cochiti Self-Governance Act

Bill: 114-s-2643
Sponsor: full_name: Sen. Udall, Tom [D-NM]
Introduced: 2016-03-07
Policy area: Native Americans
Subjects: Dams and canals

Government liability

Indian claims

Indian lands and resources rights

Land transfers

New Mexico
Latest action: action_date: 2016-11-17
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 685.

Summaries:
action_date: 2016-03-07
action_desc: Introduced in Senate
text: <p><b>Pueblo de Cochiti Self-Governance Act</b></p> This bill amends the Act of August 26, 1992, to ratify modifications to the settlement agreement between the Pueblo de Cochiti of New Mexico and the U.S. Army Corps of Engineers. In accordance with the amended agreement, the tribe assumes legal and financial responsibility for the operation and maintenance of a drainage system.

action_date: 2016-11-17
action_desc: Reported to Senate with amendment(s)
text: <p><b>Pueblo de Cochiti Self-Governance Act</b></p> (Sec. 2) This bill amends the Act of August 26, 1992, to ratify modifications to the settlement agreement between the Pueblo de Cochiti of New Mexico and the U.S. Army Corps of Engineers. In accordance with the amended agreement, the tribe assumes legal and financial responsibility for the operation and maintenance of a drainage system, and gaming is prohibited on land acquired using settlement funds.

tv_txt: II 114th CONGRESS 2d Session S. 2643 IN THE SENATE OF THE UNITED STATES March 7, 2016 Mr. Udall (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To improve the implementation of the settlement agreement reached between the Pueblo de Cochiti of New Mexico and the Corps of Engineers, and for other purposes.

1. Short title This Act may be cited as the Pueblo de Cochiti Self-Governance Act . 2. Amendments (a) General authorization Section 1 of the Act of August 26, 1992 ( Public Law 102–358 ; 106 Stat. 960; 118 Stat. 543), is amended— (1) by striking paragraph (2); (2) in paragraph (1), by striking ; and at the end and inserting a period; (3) in the matter preceding paragraph (1)— (A) by striking The Secretary and inserting the following: (a) In general The Secretary ; and (B) by striking implement— and all that follows through the settlement in paragraph (1) and inserting implement the settlement ; and (4) by adding at the end the following: (b) Ratification Congress ratifies and approves the modifications regarding the use of the settlement funds and transfer of responsibility for the drainage system, as described in the agreement known as Amendment to the Settlement Agreement for Implementation of Cochiti Wetfields Solution , executed on— (1) October 15, 2015, by the Department of the Interior; (2) October 21, 2015, by the Corps of Engineers; and (3) October 27, 2015, by the Pueblo de Cochiti of New Mexico. . (b) Duties of the Secretary Section 2 of the Act of August 26, 1992 ( Public Law 102–358 ; 106 Stat. 960), is amended to read as follows: 2. Duties of the Secretary of the Interior (a) In general In accordance with the settlement agreement and pursuant to the government-to-government relationship between the United States and the Pueblo de Cochiti of New Mexico and the modifications to the settlement agreement under section 1(b), the Pueblo de Cochiti of New Mexico, as an exercise of self-determination, assumes any and all legal and financial responsibility for the operation, maintenance, repair, and replacement of the drainage system. (b) No responsibility for drainage system The United States shall have no further legal or financial responsibility for the operation, maintenance, repair, or replacement of the drainage system. (c) Release from liability Effective beginning on the date on which the Pueblo de Cochiti of New Mexico assumes all legal and financial responsibility for the operation, maintenance, repair, and replacement of the drainage system under subsection (a), the Pueblo de Cochiti of New Mexico, on behalf of the Pueblo de Cochiti of New Mexico and the members of the Pueblo de Cochiti of New Mexico, waives and releases the United States from all past, present, and future liability for any claim relating to the operation, maintenance, repair, or replacement of the drainage system. .

tv_txt: II Calendar No. 685 114th CONGRESS 2d Session S. 2643 [Report No. 114–381] IN THE SENATE OF THE UNITED STATES March 7, 2016 Mr. Udall (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs November 17, 2016 Reported by Mr. Barrasso , with an amendment Omit the part struck through and insert the part printed in italic A BILL To improve the implementation of the settlement agreement reached between the Pueblo de Cochiti of New Mexico and the Corps of Engineers, and for other purposes.

1. Short title This Act may be cited as the Pueblo de Cochiti Self-Governance Act . 2. Amendments (a) General authorization Section 1 of the Act of August 26, 1992 ( Public Law 102–358 ; 106 Stat. 960; 118 Stat. 543), is amended— (1) by striking paragraph (2); (2) in paragraph (1), by striking ; and at the end and inserting a period; (3) in the matter preceding paragraph (1)— (A) by striking The Secretary and inserting the following: (a) In general The Secretary ; and (B) by striking implement— and all that follows through the settlement in paragraph (1) and inserting implement the settlement ; and (4) by adding at the end the following: (b) Ratification Congress ratifies and approves the modifications regarding the use of the settlement funds and transfer of responsibility for the drainage system, as described in the agreement known as Amendment to the Settlement Agreement for Implementation of Cochiti Wetfields Solution , executed on— (1) October 15, 2015, by the Department of the Interior; (2) October 21, 2015, by the Corps of Engineers; and (3) October 27, 2015, by the Pueblo de Cochiti of New Mexico. . (b) Duties of the Secretary Section 2 of the Act of August 26, 1992 ( Public Law 102–358 ; 106 Stat. 960), is amended to read as follows: 2. Duties of the Secretary of the Interior (a) In general In accordance with the settlement agreement and pursuant to the government-to-government relationship between the United States and the Pueblo de Cochiti of New Mexico and the modifications to the settlement agreement under section 1(b), the Pueblo de Cochiti of New Mexico, as an exercise of self-determination, assumes any and all legal and financial responsibility for the operation, maintenance, repair, and replacement of the drainage system. (b) No responsibility for drainage system The United States shall have no further legal or financial responsibility for the operation, maintenance, repair, or replacement of the drainage system. (c) Release from liability Effective beginning on the date on which the Pueblo de Cochiti of New Mexico assumes all legal and financial responsibility for the operation, maintenance, repair, and replacement of the drainage system under subsection (a), the Pueblo de Cochiti of New Mexico, on behalf of the Pueblo de Cochiti of New Mexico and the members of the Pueblo de Cochiti of New Mexico, waives and releases the United States from all past, present, and future liability for any claim relating to the operation, maintenance, repair, or replace- ment of the drainage system .”. ment of the drainage system. (d) Prohibition on gaming Notwithstanding any other provision of law, no class I gaming, class II gaming, or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )) may be carried out on any land acquired through the use of the settlement funds, as described in the agreement entitled Amendment to the Settlement Agreement for Implementation of Cochiti Wetfields Solution . .

November 17, 2016 Reported with an amendment