H.R. 1377 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1377 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Pearce (for himself, Ms. Michelle Lujan Grisham of New Mexico, and Mr. Ben Ray Luján 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. 1. Short title This Act may be cited as the Mescalero Apache Tribe Leasing Authorization Act. 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. 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.