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Pueblo de Cochiti Self-Governance Act

H.R. 5478 · 114th Congress · Jun 14, 2016 · Lineage

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.

Section 1 Short title

This Act may be cited as the “Pueblo de Cochiti Self-Governance Act”.

Sec. 2 Amendments

(a)
General authorization— Section 1 of 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”

(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 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.”