Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006
PL 109-379 (H.R.5842), enacted 12/01/2006

120 STAT. 2666
PUBLIC LAW 109–379—DEC. 1, 2006
Public Law 109–379
109th Congress
An Act
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Pueblo of Isleta Settlement
and Natural Resources Restoration Act of 2006’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) there is pending before the United States Court of
Federal Claims a civil action filed by the Pueblo against the
United States in which the Pueblo seeks to recover damages
pursuant to the Isleta Jurisdictional Act;
(2) the Pueblo and the United States, after a diligent inves-
tigation of the Pueblo claims, have negotiated a Settlement
Agreement, the validity and effectiveness of which is contingent
on the enactment of enabling legislation;
(3) certain land of the Pueblo is waterlogged, and it would
be to the benefit of the Pueblo and other water users to drain
the land and return water to the Rio Grande River; and
(4) there is Pueblo forest land in need of remediation in
order to improve timber yields, reduce the threat of fire, reduce
erosion, and improve grazing conditions.
(b) PURPOSES.—The purposes of this Act are—
(1) to improve the drainage of the irrigated land, the health
of the forest land, and other natural resources of the Pueblo;
and
(2) to settle all claims that were raised or could have
been raised by the Pueblo against the United States under
the Isleta Jurisdictional Act in accordance with section 5.
SEC. 3. DEFINITIONS.
In this Act:
(1) ISLETA JURISDICTIONAL ACT.—The term ‘‘Isleta Jurisdic-
tional Act’’ means Public Law 104–198 (110 Stat. 2418).
(2) PUEBLO.—The term ‘‘Pueblo’’ means the Pueblo of Isleta,
a federally recognized Indian tribe.
(3) RESTORATION
FUND.—The term ‘‘Restoration Fund’’
means the Pueblo of Isleta Natural Resources Restoration Fund
established by section 4(a).
Pueblo of Isleta
Settlement and
Natural
Resources
Restoration Act
of 2006.
Dec. 1, 2006
[H.R. 5842]
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120 STAT. 2667
PUBLIC LAW 109–379—DEC. 1, 2006
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agree-
ment’’ means the Agreement of Compromise and Settlement
entered into between the United States and the Pueblo, dated
July 12, 2005, as modified by the Extension and Modification
Agreement executed by the United States and the Pueblo on
June 22, 2006, to settle the claims of the Pueblo in Docket
No. 98–166L, a case pending in the United States Court of
Federal Claims.
SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RESTORATION
TRUST FUND.
(a) ESTABLISHMENT.—There is established in the Treasury a
trust fund, to be known as the ‘‘Pueblo of Isleta Natural Resources
Restoration Fund’’, consisting of—
(1) such amounts as are transferred to the Restoration
Fund under subsection (b); and
(2) any interest earned on investment of amounts in the
Restoration Fund under subsection (d).
(b) TRANSFERS TO RESTORATION FUND.—Upon entry of the final
judgment described in section 5(b), there shall be transferred to
the Restoration Fund, in accordance with conditions specified in
the Settlement Agreement and this Act—
(1) $32,838,750 from the permanent judgment appropria-
tion established pursuant to section 1304 of title 31, United
States Code; and
(2) in addition to the amounts transferred under paragraph
(1), at such times and in such amounts as are specified for
that purpose in the annual budget of the Department of the
Interior, authorized to be appropriated under subsection (f),
and made available by an Act of appropriation, a total of
$7,200,000.
(c) DISTRIBUTION
OF AMOUNTS FROM RESTORATION FUND.—
(1) APPROPRIATED AMOUNTS.—
(A) IN GENERAL.—Subject to paragraph (3), upon the
request of the Pueblo, the Secretary shall distribute
amounts deposited in the Restoration Fund pursuant to
subsection (b)(2) of this section and section V of the Settle-
ment Agreement, in accordance with the terms and condi-
tions of the Settlement Agreement and this Act, on the
condition that before any such distribution the Secretary
receives from the Pueblo such assurances as are satisfac-
tory to the Secretary that—
(i) the Pueblo shall deliver funds in the amount
of $7,100,000 toward drainage and remediation of the
agricultural land and rehabilitation of forest and range
land of the Pueblo in accordance with section IV(C)
and IV(D) of the Settlement Agreement; and
(ii) those funds shall be available for expenditure
for drainage and remediation expenses as provided
in sections IV(C) and IV(D) of the Settlement Agree-
ment on the dates on which the Secretary makes dis-
tributions, and in amounts equal to the amounts so
distributed, in accordance with sections IV(A) and
IV(B) of the Settlement Agreement.
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120 STAT. 2668
PUBLIC LAW 109–379—DEC. 1, 2006
(B) USE OF FUNDS.—Of the amounts distributed by
the Secretary from the Restoration Fund under subpara-
graph (A)—
(i) $5,700,000 shall be available to the Pueblo for
use in carrying out the drainage and remediation of
approximately 1,081 acres of waterlogged agricultural
land, as described in section IV(A) of the Settlement
Agreement; and
(ii) $1,500,000 shall be available to the Pueblo
for use in carrying out the rehabilitation and remedi-
ation of forest and range land, as described in section
IV(B) of the Settlement Agreement.
(C) FEDERAL CONSULTATION.—Restoration work carried
out using funds distributed under this paragraph shall
be planned and performed in consultation with—
(i) the Bureau of Indian Affairs; and
(ii) such other Federal agencies as are necessary.
(D) UNUSED FUNDS.—Any funds, including any interest
income, that are distributed under this paragraph but that
are not needed to carry out this paragraph shall be avail-
able for use in accordance with paragraph (2)(A).
(2) AMOUNTS FROM JUDGMENT FUND.—
(A) IN GENERAL.—Subject to paragraph (3), the amount
paid into the Restoration Fund under subsection (b)(1),
and interest income resulting from investment of that
amount, shall be available to the Pueblo for—
(i) the acquisition, restoration, improvement,
development, and protection of land, natural resources,
and cultural resources within the exterior boundaries
of the Pueblo, including improvements to the water
supply and sewage treatment facilities of the Pueblo;
and
(ii) for the payment and reimbursement of attorney
and expert witness fees and expenses incurred in
connection with Docket No. 98–166L of the United
States Court of Federal Claims, as provided in the
Settlement Agreement.
(B) NO
CONTINGENCY
ON
PROVISION
OF
FUNDS
BY
PUEBLO.—The receipt and use of funds by the Pueblo under
this paragraph shall not be contingent upon the provision
by the Pueblo of the funds described in paragraph (1)(A)(i).
(3) EXPENDITURES AND WITHDRAWAL.—
(A) TRIBAL MANAGEMENT PLAN.—
(i) IN GENERAL.—Subject to clause (ii), the Pueblo
may withdraw all or part of the Restoration Fund
on approval by the Secretary of a tribal management
plan in accordance with section 202 of the American
Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4022).
(ii) REQUIREMENTS.—In addition to the require-
ments under the American Indian Trust Fund Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.),
a tribal management plan described in clause (i) shall
require that the Pueblo shall expend any funds with-
drawn from the Restoration Fund under this paragraph
in a manner consistent with the purposes described
in the Settlement Agreement.
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120 STAT. 2669
PUBLIC LAW 109–379—DEC. 1, 2006
(B) ENFORCEMENT.—The Secretary may take judicial
or administrative action to enforce the provisions of any
tribal management plan described in subparagraph (A)(i)
to ensure that any funds withdrawn from the Restoration
Fund under this paragraph are used in accordance with
this Act.
(C) LIABILITY.—If the Pueblo exercises the right to
withdraw funds from the Restoration Fund under this para-
graph, neither the Secretary nor the Secretary of the
Treasury shall retain any liability for the accounting,
disbursement, or investment of the funds withdrawn.
(D) EXPENDITURE PLAN.—
(i) IN GENERAL.—The Pueblo shall submit to the
Secretary for approval an expenditure plan for any
portion of the funds in the Restoration Fund made
available under this Act that the Pueblo does not with-
draw under this paragraph.
(ii) DESCRIPTION.—The expenditure plan shall
describe the manner in which, and the purposes for
which, funds of the Pueblo remaining in the Restora-
tion Fund will be used.
(iii) APPROVAL.—On receipt of an expenditure plan
under clause (i), the Secretary shall approve the plan
if the Secretary determines that the plan is reasonable
and consistent with this Act and the Settlement Agree-
ment.
(E) ANNUAL REPORT.—The Pueblo shall submit to the
Secretary an annual report that describes expenditures
from the Restoration Fund during the year covered by
the report.
(d) MAINTENANCE AND INVESTMENT OF RESTORATION FUND.—
(1) IN GENERAL.—The Restoration Fund and amounts in
the Restoration Fund shall be maintained and invested by
the Secretary of the Interior pursuant to the first section of
the Act of June 24, 1938 (52 Stat. 1037, chapter 648).
(2) CREDITS TO RESTORATION FUND.—The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Restoration Fund shall be credited to, and form
a part of, the Restoration Fund.
(e) PROHIBITION ON PER-CAPITA PAYMENTS.—No portion of the
amounts in the Restoration Fund shall be available for payment
on a per capita basis to members of the Pueblo.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Restoration Fund $7,200,000.
SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF LITIGATION,
AND COMPENSATION TO PUEBLO.
(a) RATIFICATION OF SETTLEMENT AGREEMENT.—The Settlement
Agreement is ratified.
(b) DISMISSAL.—Not later than 90 days after the date of the
enactment of this Act, the Pueblo and the United States shall
execute and file a joint stipulation for entry of final judgment
in the case of Pueblo of Isleta v. United States, Docket 98–166L,
in the United States Court of Federal Claims in such form and
such manner as are acceptable to the Attorney General and the
Pueblo.
Deadline.
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120 STAT. 2670
PUBLIC LAW 109–379—DEC. 1, 2006
LEGISLATIVE HISTORY—H.R. 5842 (S. 3648):
SENATE REPORTS: No. 109–354 accompanying S. 3648 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 27, considered and passed House.
Nov. 13, considered and passed Senate.
(c) COMPENSATION.—After the date of the enactment of this
Act, in accordance with the Settlement Agreement and upon entry
of the final judgment described in subsection (b)—
(1) compensation to the Pueblo shall be paid from the
permanent judgment appropriation established pursuant to sec-
tion 1304 of title 31, United States Code, in the total amount
of $32,838,750 for all monetary damages and attorney fees,
interest, and any other fees and costs of any kind that were
or could have been presented in connection with Docket No.
98–166L of the United States Court of Federal Claims; but
(2) the Pueblo shall retain all rights, including the right
to bring civil actions based on causes of action, relating to
the removal of ordnance under—
(A) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.);
(B) the Defense Environmental Restoration Program
under section 2701 of title 10, United States Code; and
(C) any contract entered into by the Pueblo for the
removal of ordnance.
(d) OTHER LIMITATIONS ON USE OF FUNDS.—The Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.)
shall not apply to funds distributed or withdrawn from the Restora-
tion Fund under this Act.
(e) NO EFFECT ON LAND, RESOURCES, OR WATER RIGHTS.—
Nothing in this Act affects the status of land and natural resources
or any water right of the Pueblo.
Approved December 1, 2006.
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