text: 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 
          investigation 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 
          Jurisdictional 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).
              (4) Secretary.--The term ``Secretary'' means the Secretary 
          of the Interior.
              (5) Settlement agreement.--The term ``Settlement 
          Agreement'' 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 of the 
  United States 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 appropriation 
          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 by 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 
                  section V of the Settlement Agreement and subsection 
                  (b)(2), in accordance with the terms and conditions of 
                  the Settlement Agreement and this Act, on the condition 
                  that the Secretary, before any such distribution, 
                  receives from the Pueblo such assurances as are 
                  satisfactory 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 Agreement on the dates 
                          on which the Secretary makes distributions, and 
                          in amounts equal to the amounts so distributed, 
                          in accordance with sections IV(A) and IV(B) of 
                          the Settlement Agreement.
                      (B) Use of funds.--Of the amounts distributed by 
                  the Secretary from the Restoration Fund under 
                  subparagraph (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 remediation 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 available 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 
                          requirements under the American Indian Trust 
                          Fund Management 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 withdrawn from 
                          the Restoration Fund under this paragraph in a 
                          manner consistent with the purposes described 
                          in the Settlement Agreement.
                      (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 
                  paragraph, 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 withdraw 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 Restoration 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 Agreement.
                      (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 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.
      (c) Compensation.--After the date of 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 
          section 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, 
                  Compensation, 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 Restoration 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 of the Pueblo or 
  any water right of the Pueblo.
target: Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006 - Establishes in the Treasury the Pueblo of Isleta Natural Resources Restoration Fund for: (1) settlement of the claims of the Pueblo of Isleta; and (2) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo. Provides for the maintenance and investment of the restoration fund.
  
  Ratifies the Agreement of Compromise and Settlement entered into between the United States and the Pueblo on 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 in the case of Pueblo of Isleta v. United States, Docket No. 98-166L, pending in the U.S. Court of Federal Claims.
  
  Directs the Pueblo and the United States to execute and file a joint stipulation for entry of final judgment in dismissal of such case.
  
  Provides for the payment of compensation to the Pueblo from the permanent judgment appropriation for all monetary damages and attorney fees, interest, and other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L.
feat_title: 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.