[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1377 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1377
To authorize the Mescalero Apache Tribe to lease adjudicated water
rights.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2013
Mr. Pearce (for himself, Ms. Michelle Lujan Grisham of New Mexico, and
Mr. Ben Ray Lujan of New Mexico) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the Mescalero Apache Tribe to lease adjudicated water
rights.
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 ``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 Mescalero Apache
Tribe.
SEC. 3. AUTHORIZATION TO LEASE ADJUDICATED WATER RIGHTS.
(a) In General.--Notwithstanding any other provision of law,
subject to subsections (b) and (c), the Tribe may lease, enter into a
contract with respect to, or otherwise 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 (including regulations) of the
State with respect to the leasing or transfer of water rights.
(c) Alienation; Maximum Term.--
(1) Alienation.--The Tribe shall not permanently 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 detriment resulting from a
lease, contract, or other arrangement entered into pursuant to this
section.
(e) Purchases or Grants of Land From Indians.--The authorization
provided by this Act for the leasing, contracting, and transfer of the
adjudicated water rights shall be considered to satisfy any requirement
for authorization of the action by treaty or convention imposed 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, abandonment, relinquishment, or other loss of all or
any portion of the adjudicated water rights.
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