Santo Domingo Pueblo Claims Settlement Act of 2000

Summary: Extinguishes certain Pueblo land and trespass claims. Sets forth provisions relating to the treatment of land or natural resources transferred by the Pueblo prior to this Act's enactment and ratifies such transfers. Makes this paragraph effective upon the entry of a compromise final judgment in the case of Pueblo of Santo Domingo v. United States.
Establishes the Pueblo of Santo Domingo Land Claims Settlement Fund from which funds may be expended by the Pueblo to acquire lands within the exterior boundaries of the exclusive aboriginal occupancy area of the Pueblo and for other tribal purposes. Authorizes appropriations. Prohibits disbursal of amounts in the Fund until: (1) the case of Pueblo of Santo Domingo v. Rael has been dismissed with prejudice; and (2) the compromise final judgment described above has been entered in the U.S. Court of Federal Claims.
Declares the boundaries of the Santo Domingo Pueblo Grant as determined by the 1907 Hall-Joy Survey to be the current boundaries and that any lands currently owned or hereafter acquired by the Pueblo within such boundaries or the Grant shall be considered to be Indian country.
Directs the Secretary of the Interior to acquire by exchange specified New Mexico trust lands and interests, including improvements, mineral rights, and water rights. Requires the properties so exchanged to be of approximately equal value. Requires the Secretary to convey such lands to the Pueblo of Santo Domingo and grants the Pueblo the exclusive right to acquire them. Permits the conveyance of such lands by the Pueblo to the Secretary who shall hold them in trust for the Pueblo's benefit.
Authorizes the exchange of the Pueblo's restricted land for lands private title to which was put at issue in Pueblo of Santo Domingo v. Rael. Approves any land exchange agreements between the Pueblo and any of the parties to such lawsuit that are executed no later than December 31, 2001. Permits the Pueblo to convey lands the Pueblo acquires to the Secretary who shall hold them in trust for the Pueblo's benefit.
Approves specified boundary dispute resolutions as enacted by the Tribal Council of the Pueblo de Cochiti and the Tribal Council of the Pueblo, including the Pueblo de Cochiti's agreement to relinquish its claim to the southwest corner of its Spanish Land Grant, to the extent of its overlap with the Santo Domingo Pueblo Grant, and to disclaim any right to receive compensation from the United States or any other party with respect to such overlapping lands.

OF DISPUTES AND CLAIMS.

    (a) Relinquishment, Extinguishment, and Compromise of Santo Domingo 
Claims.--
            (1) Extinguishment.--
                    (A) In general.--Subject to paragraph (2), in 
                consideration of the benefits provided under this Act, 
                and in accordance with the Settlement Agreement 
                pursuant to which the Pueblo has agreed to relinquish 
                and compromise certain claims, the Pueblo's land and 
                trespass claims described in subparagraph (B) are 
                hereby extinguished, effective as of the date specified 
                in paragraph (5).
                    (B) Claims.--The claims described in this 
                subparagraph are the following:
                            (i) With respect to the Pueblo's claims 
                        against the United States, its agencies, 
                        officers, and instrumentalities, all claims to 
                        land, whether based on aboriginal or recognized 
                        title, and all claims for damages or other 
                        judicial relief or for administrative remedies 
                        pertaining in any way to the Pueblo's land, 
                        such as boundary, trespass, and mismanagement 
                        claims, including any claim related to--
                                    (I) any federally administered 
                                lands, including National Forest System 
                                lands designated in the Settlement 
                                Agreement for possible sale or exchange 
                                to the Pueblo;
                                    (II) any lands owned or held for 
                                the benefit of any Indian tribe other 
                                than the Pueblo; and
                                    (III) all claims which were, or 
                                could have been brought against the 
                                United States in docket No. 355, 
                                pending in the United States Court of 
                                Federal Claims.
                            (ii) With respect to the Pueblo's claims 
                        against persons, the State of New Mexico and 
                        its subdivisions, and Indian tribes other than 
                        the Pueblo, all claims to land, whether based 
                        on aboriginal or recognized title, and all 
                        claims for damages or other judicial relief or 
                        for administrative remedies pertaining in any 
                        way to the Pueblo's land, such as boundary and 
                        trespass claims.
                            (iii) All claims listed on pages 13894-
                        13895 of volume 48 of the Federal Register, 
                        published on March 31, 1983, except for claims 
                        numbered 002 and 004.
            (2) Rule of construction.--Nothing in this Act (including 
        paragraph (1)) shall be construed--
                    (A) to in any way effectuate an extinguishment of 
                or otherwise impair--
                            (i) the Pueblo's title to lands acquired by 
                        or for the benefit of the Pueblo since December 
                        28, 1927, or in a tract of land of 
                        approximately 150.14 acres known as the 
                        ``sliver area'' and described on a plat which 
                        is appendix H to the Settlement Agreement;
                            (ii) the Pueblo's title to land within the 
                        Santo Domingo Pueblo Grant which the Pueblo 
                        Lands Board found not to have been 
                        extinguished; or
                            (iii) the Pueblo's water rights appurtenant 
                        to the lands described in clauses (i) and (ii); 
                        and
                    (B) to expand, reduce, or otherwise impair any 
                rights which the Pueblo or its members may have under 
                existing Federal statutes concerning religious and 
                cultural access to and uses of the public lands.
            (3) Confirmation of determination.--The Pueblo Lands 
        Board's determination on page 1 of its Report of December 28, 
        1927, that Santo Domingo Pueblo title, derived from the Santo 
        Domingo Pueblo Grant to the lands overlapped by the La Majada, 
        Sitio de Juana Lopez and Mesita de Juana Lopez Grants has been 
        extinguished is hereby confirmed as of the date of that Report.
            (4) Transfers prior to enactment.--
                    (A) In general.--In accordance with the Settlement 
                Agreement, any transfer of land or natural resources, 
                prior to the date of enactment of this Act, located 
                anywhere within the United States from, by, or on 
                behalf of the Pueblo, or any of the Pueblo's members, 
                shall be deemed to have been made in accordance with 
                the Act of June 30, 1834 (4 Stat. 729; commonly 
                referred to as the Trade and Intercourse Act), section 
                17 of the Act of June 7, 1924 (43 Stat. 641; commonly 
                referred to as the Pueblo Lands Act), and any other 
                provision of Federal law that specifically applies to 
                transfers of land or natural resources from, by, or on 
                behalf of an Indian tribe, and such transfers shall be 
                deemed to be ratified effective as of the date of the 
                transfer.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) shall be construed to affect or eliminate the 
                personal claim of any individual Indian which is 
                pursued under any law of general applicability that 
                protects non-Indians as well as Indians.
            (5) Effective date.--The provisions of paragraphs (1), (3), 
        and (4) shall take effect upon the entry of a compromise final 
        judgment, in a form and manner acceptable to the Attorney 
        General, in the amount of $8,000,000 in the case of Pueblo of 
        Santo Domingo v. United States (Indian Claims Commission docket 
        No. 355). The judgment so entered shall be paid from funds 
        appropriated pursuant to section 1304 of title 31, United 
        States Code.
    (b) Trust Funds; Authorization of Appropriations.--
            (1) Establishment.--There is hereby established in the 
        Treasury a trust fund to be known as the ``Pueblo of Santo 
        Domingo Land Claims Settlement Fund''. Funds deposited in the 
        Fund shall be subject to the following conditions:
                    (A) The Fund shall be maintained and invested by 
                the Secretary of the Interior pursuant to the Act of 
                June 24, 1938 (25 U.S.C. 162a).
                    (B) Subject to the provisions of paragraph (3), 
                monies deposited into the Fund may be expended by the 
                Pueblo to acquire lands within  the exterior boundaries 
of the exclusive aboriginal occupancy area of the Pueblo, as described 
in the Findings of Fact of the Indian Claims Commission, dated May 9, 
1973, and for use for education, economic development, youth and 
elderly programs, or for other tribal purposes in accordance with plans 
and budgets developed and approved by the Tribal Council of the Pueblo 
and approved by the Secretary.
                    (C) If the Pueblo withdraws monies from the Fund, 
                neither the Secretary nor the Secretary of the Treasury 
                shall retain any oversight over or liability for the 
                accounting, disbursement, or investment of such 
                withdrawn monies.
                    (D) No portion of the monies described in 
                subparagraph (C) may be paid to Pueblo members on a per 
                capita basis.
                    (E) The acquisition of lands with monies from the 
                Fund shall be on a willing-seller, willing-buyer basis, 
                and no eminent domain authority may be exercised for 
                purposes of acquiring lands for the benefit of the 
                Pueblo pursuant to this Act.
                    (F) The provisions of Public Law 93-134, governing 
                the distribution of Indian claims judgment funds, and 
                the plan approval requirements of section 203 of Public 
                Law 103-412 shall not be applicable to the Fund.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $15,000,000 for deposit into the Fund, in 
        accordance with the following schedule:
                    (A) $5,000,000 to be deposited in the fiscal year 
                which commences on October 1, 2001.
                    (B) $5,000,000 to be deposited in the next fiscal 
                year.
                    (C) The balance of the funds to be deposited in the 
                third consecutive fiscal year.
            (3) Limitation on disbursal.--Amounts authorized to be 
        appropriated to the Fund under paragraph (2) shall not be 
        disbursed until the following conditions are met:
                    (A) The case of Pueblo of Santo Domingo v. Rael 
                (No. CIV-83-1888) in the United States District Court 
                for the District of New Mexico, has been dismissed with 
                prejudice.
                    (B) A compromise final judgment in the amount of 
                $8,000,000 in the case of Pueblo of Santo Domingo v. 
                United States (Indian Claims Commission docket No. 355) 
                in a form and manner acceptable to the Attorney 
                General, has been entered in the United States Court of 
                Federal Claims in accordance with subsection (a)(5).
            (4) Deposits.--Funds awarded to the Pueblo consistent with 
        subsection (c)(2) in docket No. 355 of the Indian Claims 
        Commission shall be deposited into the Fund.
    (c) Activities Upon Compromise.--On the date of the entry of the 
final compromise judgment in the case of Pueblo of Santo Domingo v. 
United States (Indian Claims Commission docket No. 355) in the United 
States Court of Federal Claims, and the dismissal with prejudice of the 
case of Pueblo of Santo Domingo v. Rael (No. CIV-83-1888) in the United 
States District Court for the District of New Mexico, whichever occurs 
later--
            (1) the public lands administered by the Bureau of Land 
        Management and described in section 6 of the Settlement 
        Agreement, and consisting of approximately 4,577.10 acres of 
        land, shall thereafter be held by the United States in trust 
        for the benefit of the Pueblo, subject to valid existing rights 
        and rights of public and private access, as provided for in the 
        Settlement Agreement;
            (2) the Secretary of Agriculture is authorized to sell and 
        convey National Forest System lands and the Pueblo shall have 
        the exclusive right to acquire these lands as provided for in 
        section 7 of the Settlement Agreement, and the funds received 
        by the Secretary of Agriculture for such sales shall be 
        deposited in the fund established under the Act of December 4, 
        1967 (16 U.S.C. 484a) and shall be available to purchase non-
        Federal lands within or adjacent to the National Forests in the 
        State of New Mexico;
            (3) lands conveyed by the Secretary of Agriculture pursuant 
        to this section shall no longer be considered part of the 
        National Forest System and upon any conveyance of National 
        Forest lands, the boundaries of the Santa Fe National Forest 
        shall be deemed modified to exclude such lands;
            (4) until the National Forest lands are conveyed to the 
        Pueblo pursuant to this section, or until the Pueblo's right to 
        purchase such lands expires pursuant to section 7 of the 
        Settlement Agreement, such lands are withdrawn, subject to 
        valid existing rights, from any new public use or entry under 
        any Federal land law, except for permits not to exceed  1 year, 
and shall not be identified for any disposition by or for any agency, 
and no mineral production or harvest of forest products shall be 
permitted, except that nothing in this subsection shall preclude forest 
management practices on such lands, including the harvest of timber in 
the event of fire, disease, or insect infestation; and
            (5) once the Pueblo has acquired title to the former 
        National Forest System lands, these lands may be conveyed by 
        the Pueblo to the Secretary of the Interior who shall accept 
        and hold such lands in the name of the United States in trust 
        for the benefit of the Pueblo.

SEC. 6. AFFIRMATION OF ACCURATE BOUNDARIES OF SANTO DOMINGO PUEBLO 
              GRANT.

    (a) In General.--The boundaries of the Santo Domingo Pueblo Grant, 
as determined by the 1907 Hall-Joy Survey, confirmed in the Report of 
the Pueblo Lands Board, dated December 28, 1927, are hereby declared to 
be the current boundaries of the Grant and any lands currently owned by 
or on behalf of the Pueblo within such boundaries, or any lands 
hereinafter acquired by the Pueblo within the Grant in fee simple 
absolute, shall be considered to be Indian country within the meaning 
of section 1151 of title 18, United States Code.
    (b) Limitation.--Any lands or interests in lands within the Santo 
Domingo Pueblo Grant, that are not owned or acquired by the Pueblo, 
shall not be treated as Indian country within the meaning of section 
1151 of title 18, United States Code.
    (c) Acquisition of Federal Lands.--Any Federal lands acquired by 
the Pueblo pursuant to section 5(c)(1) shall be held in trust by the 
Secretary for the benefit of the Pueblo, and shall be treated as Indian 
country within the meaning of section 1151 of title 18, United States 
Code.
    (d) Land Subject to Provisions.--Any lands acquired by the Pueblo 
pursuant to section 5(c), or with funds subject to section 5(b), shall 
be subject to the provisions of section 17 of the Act of June 7, 1924 
(43 Stat. 641; commonly referred to as the Pueblo Lands Act).
    (e) Rule of Construction.--Nothing in this Act or in the Settlement 
Agreement shall be construed to--
            (1) cloud title to federally administered lands or non-
        Indian or other Indian lands, with regard to claims of title 
        which are extinguished pursuant to section 5; or
            (2) affect actions taken prior to the date of enactment of 
        this Act to manage federally administered lands within the 
        boundaries of the Santo Domingo Pueblo Grant.

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Authorization for Acquisition of State Trust Lands.--Not later 
than 2 years after the date of the enactment of this Act, the Secretary 
shall acquire by exchange the State trust lands in township 15 north, 
range 4 east, section 2, and all interests therein, including 
improvements, mineral rights, and water rights. In exercising the 
authority to acquire such lands by exchange, the Secretary is 
authorized to use unappropriated public lands within the State of New 
Mexico. The properties so exchanged shall be of approximately equal 
value and the Secretary may credit or debit the ledger account 
established in the Memorandum of Understanding between the Bureau of 
Land Management, the New Mexico State Land Office, and the New Mexico 
Commissioner of Public Lands, in order to equalize the values of the 
properties exchanged. Once such lands are acquired, the Secretary shall 
convey such lands to the Pueblo by sale, exchange, or otherwise, and 
the Pueblo shall have the exclusive right to acquire these lands. Once 
the Pueblo has acquired title to the former State trust lands, these 
lands may be conveyed by the Pueblo to the Secretary who shall accept 
and hold such lands in the name of the United States in trust for the 
benefit of the Pueblo.
    (b) Authorization for Exchange of Restricted Lands.--Authorization 
is hereby given for the exchange of restricted land of the Pueblo for 
lands private title to which was put in issue in the lawsuit styled 
Pueblo of Santo Domingo v. Rael (Civil No. 83-1888) (D.N.M.). Any land 
exchange agreements between the Pueblo and any of the parties to such 
lawsuit that are executed no later than December 31, 2001, are hereby 
approved. Nothing in this section shall be construed to limit the 
provision of section 5(a) pertaining to the extinguishment of the land 
claims of the Pueblo. The lands to which the Pueblo acquires title in 
such land exchange agreements may be conveyed by the Pueblo to the 
Secretary, who shall accept and hold such lands in the name of the 
United States in trust for the benefit of the Pueblo.
    (c) Boundary Dispute Resolutions Approved.--Resolutions 97-010 and 
C 22-99 enacted by the Tribal Council of the Pueblo de Cochiti, and 
Resolution S.D. 12-99-36 enacted by the Tribal Council of the Pueblo of 
Santo Domingo, pertaining to boundary disputes between the Pueblo de 
Cochiti and the Pueblo of Santo Domingo, are hereby approved, including 
the Pueblo de Cochiti's agreement to relinquish its claim to the 
southwest corner of its Spanish land grant, to the extent of its 
overlap with the Santo Domingo Pueblo Grant, and to disclaim any right 
to receive compensation from the United States or any other party with 
respect to such overlapping lands.