PUBLIC LAW 109–286—SEPT. 27, 2006

PUEBLO DE SAN ILDEFONSO CLAIMS

SETTLEMENT ACT OF 2005

120 STAT. 1218 PUBLIC LAW 109–286—SEPT. 27, 2006

Public Law 109–286

109th Congress

An Act

To resolve certain Native American claims in New Mexico, and for other purposes.

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 ‘‘Pueblo de San Ildefonso Claims

Settlement Act of 2005’’.

SEC. 2. DEFINITIONS AND PURPOSES.

(a) DEFINITIONS.—In this Act:

(1) ADMINISTRATIVE ACCESS.—The term ‘‘administrative

access’’ means the unrestricted use of land and interests in

land for ingress and egress by an agency of the United States

(including a permittee, contractor, agent, or assignee of the

United States) in order to carry out an activity authorized

by law or regulation, or otherwise in furtherance of the management of federally-owned land and resources.

(2) COUNTY.—The term ‘‘County’’ means the incorporated

county of Los Alamos, New Mexico.

(3) LOS ALAMOS AGREEMENT.—The term ‘‘Los Alamos Agreement’’ means the agreement among the County, the Pueblo,

the Department of Agriculture Forest Service, and the Bureau

of Indian Affairs dated January 22, 2004.

(4) LOS ALAMOS TOWNSITE LAND.—‘‘Los Alamos Townsite

Land’’ means the land identified as Attachment B (dated

December 12, 2003) to the Los Alamos Agreement.

(5) NORTHERN TIER LAND.—‘‘Northern Tier Land’’ means

the land comprising approximately 739.71 acres and identified

as ‘‘Northern Tier Lands’’ in Appendix B (dated August 3,

2004) to the Settlement Agreement.

(6) PENDING LITIGATION.—The term ‘‘Pending Litigation’’

means the case styled Pueblo of San Ildefonso v. United States,

Docket Number 354, originally filed with the Indian Claims

Commission and pending in the United States Court of Federal

Claims on the date of enactment of this Act.

(7) PUEBLO.—The term ‘‘Pueblo’’ means the Pueblo de San

Ildefonso, a federally recognized Indian tribe (also known as

the ‘‘Pueblo of San Ildefonso’’).

(8) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agreement’’ means the agreement entitled ‘‘Settlement Agreement

between the United States and the Pueblo de San Ildefonso

to Resolve All of the Pueblo’s Land Title and Trespass Claims’’

and dated June 7, 2005.

25 USC 1780.

25 USC 1780

note.

Pueblo de San

Ildefonso Claims

Settlement Act of

2005.

Sept. 27, 2006

[S. 1773]

PUBLIC LAW 109–286—SEPT. 27, 2006 120 STAT. 1219

(9) SETTLEMENT AREA LAND.—The term ‘‘Settlement Area

Land’’ means the National Forest System land located within

the Santa Fe National Forest, as described in Appendix B

to the Settlement Agreement, that is available for purchase

by the Pueblo under section 9(a) of the Settlement Agreement.

(10) SETTLEMENT FUND.—The term ‘‘Settlement Fund’’

means the Pueblo de San Ildefonso Land Claims Settlement

Fund established by section 6.

(11) SISK ACT.—The term ‘‘Sisk Act’’ means Public Law

90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).

(12) WATER SYSTEM LAND.—The term ‘‘Water System Land’’

means the federally-owned land located within the Santa Fe

National Forest to be conveyed to the County under the Los

Alamos Agreement.

(b) PURPOSES.—The purposes of this Act are—

(1) to finally dispose, as set forth in sections 4 and 5,

of all rights, claims, or demands that the Pueblo has asserted

or could have asserted against the United States with respect

to any and all claims in the Pending Litigation;

(2) to extinguish claims based on aboriginal title, Indian

title, or recognized title, or any other title claims under section

5;

(3) to authorize the Pueblo to acquire the Settlement Area

Land, and to authorize the Secretary of Agriculture to convey

the Water System Land, the Northern Tier Land, and the

Los Alamos Townsite Land for market value consideration,

and for such consideration to be paid to the Secretary of Agriculture for the acquisition of replacement National Forest land

elsewhere in New Mexico;

(4) to provide that the Settlement Area Land acquired

by the Pueblo shall be held by the Secretary of the Interior

in trust for the benefit of the Pueblo;

(5) to facilitate government-to-government relations

between the United States and the Pueblo regarding cooperation in the management of certain land administered by the

National Park Service and the Bureau of Land Management

as described in sections 7 and 8 of the Settlement Agreement;

(6) to ratify the Settlement Agreement; and,

(7) to ratify the Los Alamos Agreement.

SEC. 3. RATIFICATION OF AGREEMENTS.

(a) RATIFICATION.—The Settlement Agreement and Los Alamos

Agreement are ratified under Federal law, and the parties to those

agreements are authorized to carry out the provisions of the agreements.

(b) CORRECTIONS AND MODIFICATIONS.—The respective parties

to the Settlement Agreement and the Los Alamos Agreement are

authorized, by mutual agreement, to correct errors in any legal

description or maps, and to make minor modifications to those

agreements.

SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.

(a) DISMISSAL.—Not later than 90 days after the date of enactment of this Act, the United States and the Pueblo shall execute

and file with the United States Court of Federal Claims in the

Pending Litigation a motion for entry of final judgment in accordance with section 5 of the Settlement Agreement.

Deadline.

25 USC 1780b.

25 USC 1780a.

120 STAT. 1220 PUBLIC LAW 109–286—SEPT. 27, 2006

(b) COMPENSATION.—Upon entry of the final judgment under

subsection (a), $6,900,000 shall be paid into the Settlement Fund

as compensation to the Pueblo in accordance with section 1304

of title 31, United States Code.

SEC. 5. RESOLUTION OF CLAIMS.

(a) EXTINGUISHMENTS.—Except as provided in subsection (b),

in consideration of the benefits of the Settlement Agreement, and

in recognition of the agreement of the Pueblo to the Settlement

Agreement, all claims of the Pueblo against the United States

(including any claim against an agency, officer, or instrumentality

of the United States) are relinquished and extinguished, including—

(1) any claim to land based on aboriginal title, Indian

title, or recognized title;

(2) any claim for damages or other judicial relief or for

administrative remedies that were brought, or that were

knowable and could have been brought, on or before the date

of the Settlement Agreement;

(3) any claim relating to—

(A) any federally-administered land, including National

Park System land, National Forest System land, Public

land administered by the Bureau of Land Management,

the Settlement Area Land, the Water System Land, the

Northern Tier Land, and the Los Alamos Townsite Land;

and

(B) any land owned by, or held for the benefit of,

any Indian tribe other than the Pueblo; and

(4) any claim that was, or that could have been, asserted

in the Pending Litigation.

(b) EXCEPTIONS.—Nothing in this Act or the Settlement Agreement shall in any way extinguish or otherwise impair—

(1) the title of record of the Pueblo to land held by or

for the benefit of the Pueblo, as identified in Appendix D

to the Settlement Agreement, on or before the date of enactment

of this Act; and,

(2) the title of the Pueblo to the Pueblo de San Ildefonso

Grant, including, as identified in Appendix D to the Settlement

Agreement—

(A) the title found by the United States District Court

for the District of New Mexico in the case styled United

States v. Apodoca (Number 2031, equity: December 5, 1930)

not to have been extinguished; and

(B) title to any land that has been reacquired by the

Pueblo pursuant to the Act entitled ‘‘An Act to quiet the

title to lands within Pueblo Indian land grants, and for

other purposes’’, approved June 7, 1924 (43 Stat. 636,

chapter 331);

(3) the water rights of the Pueblo appurtenant to the land

described in paragraphs (1) and (2); and

(4) any rights of the Pueblo or a member of the Pueblo

under Federal law relating to religious or cultural access to,

and use of, Federal land.

(c) PREVIOUS EXTINGUISHMENTS UNIMPAIRED.—Nothing in this

Act affects any prior extinguishments of rights or claims of the

Pueblo which may have occurred by operation of law.

(d) BOUNDARIES AND TITLE UNAFFECTED.—

25 USC 1780c.

PUBLIC LAW 109–286—SEPT. 27, 2006 120 STAT. 1221

(1) BOUNDARIES.—Nothing in this Act affects the location

of the boundaries of the Pueblo de San Ildefonso Grant.

(2) RIGHTS, TITLE, AND INTEREST.—Nothing in this Act

affects, ratifies, or confirms the right, title, or interest of the

Pueblo in the land held by, or for the benefit of, the Pueblo,

including the land described in Appendix D of the Settlement

Agreement.

SEC. 6. SETTLEMENT FUND.

(a) ESTABLISHMENT.—There is established in the Treasury a

fund to be known as the ‘‘Pueblo de San Ildefonso Land Claims

Settlement Fund’’.

(b) CONDITIONS.—Monies deposited in the Settlement Fund

shall be subject to the following conditions:

(1) MAINTENANCE AND INVESTMENT.—The Settlement 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).

(2) USE OF FUNDS.—Subject to paragraph (3), monies deposited into the Settlement Fund shall be expended by the

Pueblo—

(A) to acquire the federally administered Settlement

Area Land;

(B) to pay for the acquisition of the Water System

Land, as provided in the Los Alamos Agreement; and

(C) at the option of the Pueblo, to acquire other land.

(3) EFFECT OF WITHDRAWAL.—If the Pueblo withdraws

monies from the Settlement Fund, neither the Secretary of

the Interior nor the Secretary of the Treasury shall retain

any oversight over, or liability for, the accounting, disbursement, or investment of the withdrawn funds.

(4) PER CAPITA DISTRIBUTION.—No portion of the funds

in the Settlement Fund may be paid to Pueblo members on

a per capita basis.

(5) ACQUISITION OF LAND.—The acquisition of land with

funds from the Settlement Fund shall be on a willing-seller,

willing-buyer basis, and no eminent domain authority may

be exercised for purposes of acquiring land for the benefit

of the Pueblo under this Act.

(6) EFFECT OF OTHER LAWS.—The Act of October 19, 1973

(Public Law 93–134; 87 Stat. 466) and section 203 of the American Indian Trust Fund Management Reform Act of 1994 (25

U.S.C. 4023) shall not apply to the Settlement Fund.

SEC. 7. LAND OWNERSHIP ADJUSTMENTS.

(a) AUTHORIZATION.— (1) IN GENERAL.—The Secretary of Agriculture may sell

the Settlement Area Land, Water System Land, and Los Alamos

Townsite Land, on such terms and conditions as are agreed

upon and described in the Settlement Agreement and the Los

Alamos Agreement, including reservations for administrative

access and other access as shown on Appendix B of the Settlement Agreement.

(2) EFFECT OF CLAIMS AND CAUSE OF ACTION.—Consideration for any land authorized for sale by the Secretary of

Agriculture shall not be offset or reduced by any claim or

cause of action by any party to whom the land is conveyed.

(b) CONSIDERATION.—The consideration to be paid for the Federal land authorized for sale in subsection (a) shall be—

25 USC 1780e.

25 USC 1780d.

120 STAT. 1222 PUBLIC LAW 109–286—SEPT. 27, 2006

(1) for the Settlement Area Land and Water System Land,

the consideration agreed upon in the Settlement Agreement;

and

(2) for the Los Alamos Townsite Land, the current market

value based on an appraisal approved by the Forest Service

as being in conformity with the latest edition of the Uniform

Appraisal Standards for Federal Land Acquisitions.

(c) DISPOSITION OF RECEIPTS.— (1) IN GENERAL.—All monies received by the Secretary of

Agriculture from the sale of National Forest System land as

authorized by this Act, including receipts from the Northern

Tier Land, shall be deposited into the fund established in

the Treasury of the United States pursuant to the Sisk Act

and shall be available, without further appropriation,

authorization, or administrative apportionment for the purchase of land by the Secretary of Agriculture for National

Forest System purposes in the State of New Mexico, and for

associated administrative costs.

(2) USE OF FUNDS.—Funds deposited in a Sisk Act fund

pursuant to this Act shall not be subject to transfer or reprogramming for wildlands fire management or any other emergency purposes, or used to reimburse any other account.

(3) ACQUISITIONS OF LAND.—In expending funds to exercise

its rights under the Settlement Agreement and the Los Alamos

Agreement with respect to the acquisition of the Settlement

Area Land, the County’s acquisitions of the Water System

Land, and the Northern Tier Land (if the Pueblo exercises

an option to purchase the Northern Tier Land as provided

in section 12(b)(2)(A), the Pueblo shall use only funds in the

Settlement Fund and shall not augment those funds from any

other source.

(d) VALID EXISTING RIGHTS AND RESERVATIONS.—

(1) IN GENERAL.—The Settlement Area Land acquired by

the Pueblo shall be subject to all valid existing rights on the

date of enactment of this Act, including rights of administrative

access.

(2) WATER RIGHTS.—No water rights shall be conveyed

by the United States.

(3) SPECIAL USE AUTHORIZATION.—

(A) IN GENERAL.—Nothing in this Act shall affect the

validity of any special use authorization issued by the

Forest Service within the Settlement Area Land, except

that such authorizations shall not be renewed upon expiration.

(B) REASONABLE ACCESS.—For access to valid occupancies within the Settlement Area Land, the Pueblo and

the Secretary of the Interior shall afford rights of reasonable access commensurate with that provided by the Secretary of Agriculture on or before the date of enactment

of this Act.

(4) WATER SYSTEM LAND AND LOS ALAMOS TOWNSITE LAND.— The Water System Land and Los Alamos Townsite Land

acquired by the County shall be subject to—

(A) all valid existing rights; and

(B) the rights reserved by the United States under

the Los Alamos Agreement.

(5) PRIVATE LANDOWNERS.—

PUBLIC LAW 109–286—SEPT. 27, 2006 120 STAT. 1223

(A) IN GENERAL.—Upon acquisition by the Pueblo of

the Settlement Area Land, the Secretary of the Interior,

acting on behalf of the Pueblo and the United States,

shall execute easements in accordance with any right

reserved by the United States for the benefit of private

landowners owning property that requires the use of Forest

Development Road 416 (as in existence on the date of

enactment of this Act) and other roads that may be necessary to provide legal access into the property of the

landowners, as the property is used on the date of this

Act.

(B) MAINTENANCE OF ROADS.—Neither the Pueblo nor

the United States shall be required to maintain roads

for the benefit of private landowners.

(C) EASEMENTS.—Easements shall be granted, without

consideration, to private landowners only upon application

of such landowners to the Secretary.

(e) FOREST DEVELOPMENT ROADS.—

(1) UNITED STATES RIGHT TO USE.—Subject to any rightof-way to use, cross, and recross a road, the United States

shall reserve and have free and unrestricted rights to use,

operate, maintain, and reconstruct (at the same level of development, as in existence on the date of the Settlement Agreement),

those sections of Forest Development Roads 57, 442, 416, 416v,

445 and 445ca referenced in Appendix B of the Settlement

Agreement for any and all public and administrative access

and other Federal governmental purposes, including access by

Federal employees, their agents, contractors, and assigns

(including those holding Forest Service permits).

(2) CERTAIN ROADS.—Notwithstanding paragraph (1), the

United States—

(A) may improve Forest Development Road 416v

beyond the existing condition of that road to a high clearance standard road (level 2); and

(B) shall have unrestricted administrative access and

non-motorized public trail access to the portion of Forest

Development Road 442 depicted in Appendix B to the

Settlement Agreement.

(f) PRIVATE MINING OPERATIONS.—

(1) COPAR PUMICE MINE.—The United States and the

Pueblo shall allow the COPAR Pumice Mine to continue to

operate as provided in the Contract For The Sale Of Mineral

Materials dated May 4, 1994, and for COPAR to use portions

of Forest Development Roads 57, 442, 416, and other designated

roads within the area described in the contract, for the period

of the contract and thereafter for a period necessary to reclaim

the site.

(2) CONTINUING JURISDICTION.—

(A) ADMINISTRATION.—Continuing jurisdiction of the

United States over the contract for the sale of mineral

materials shall be administered by the Secretary of the

Interior.

(B) EXPIRATION OF CONTRACT.—Upon expiration of the

contract described in subparagraph (A), jurisdiction over

reclamation shall be assumed by the Secretary of the

Interior.

120 STAT. 1224 PUBLIC LAW 109–286—SEPT. 27, 2006

(3) EFFECT ON EXISTING RIGHTS.—Nothing in this Act limits

or enhances the rights of COPAR under the Contract For The

Sale Of Mineral Materials dated May 4, 1994.

SEC. 8. CONVEYANCES.

(a) AUTHORIZATION.— (1) CONSIDERATION FROM PUEBLO.—Upon receipt of the

consideration from the Pueblo for the Settlement Area Land

and the Water System Land, the Secretary of Agriculture shall

execute and deliver—

(A) to the Pueblo, a quitclaim deed to the Settlement

Area Land; and

(B) to the County, a quitclaim deed to the Water

System Land, reserving—

(i) a contingent remainder in the United States

in trust for the benefit of the Pueblo in accordance

with the Los Alamos Agreement; and

(ii) a right of access for the United States for

the Pueblo for ceremonial and other cultural purposes.

(2) CONSIDERATION FROM COUNTY.—Upon receipt of the

consideration from the County for all or a portion of the Los

Alamos Townsite Land, the Secretary of Agriculture shall execute and deliver to the County a quitclaim deed to all or

portions of such land, as appropriate.

(3) EXECUTION.—An easement or deed of conveyance by

the Secretary of Agriculture under this Act shall be executed

by the Director of Lands and Minerals, Forest Service, Southwestern Region, Department of Agriculture.

(b) AUTHORIZATION FOR PUEBLO TO CONVEY IN TRUST.—Upon

receipt by the Pueblo of the quitclaim deed to the Settlement

Land under subsection (a)(1), the Pueblo may quitclaim the Settlement Land to the United States, in trust for the Pueblo.

(c) ADEQUACY OF CONVEYANCE INSTRUMENTS.—Notwithstanding the status of the Federal land as public domain or acquired

land, no instrument of conveyance other than a quitclaim deed

shall be required to convey the Settlement Area Land, the Water

System Land, the Northern Tier Land, or the Los Alamos Townsite

Land under this Act.

(d) SURVEYS.—The Secretary of Agriculture is authorized to

perform and approve any required cadastral survey.

(e) CONTRIBUTIONS.—Notwithstanding section 3302 of title 31,

United States Code, or any other provision of law, the Secretary

of Agriculture may accept and use contributions of cash or services

from the Pueblo, other governmental entities, or other persons—

(1) to perform and complete required cadastral surveys

for the Settlement Area Land, the Water System Land, the

Northern Tier Land, or the Los Alamos Townsite Land, as

described in the Settlement Agreement or the Los Alamos

Agreement; and

(2) to carry out any other project or activity under—

(A) this Act;

(B) the Settlement Agreement; or

(C) the Los Alamos Agreement.

SEC. 9. TRUST STATUS AND NATIONAL FOREST BOUNDARIES.

(a) OPERATION OF LAW.—Without any additional administrative

action by the Secretary of Agriculture or the Secretary of the

Interior—

25 USC 1780g.

25 USC 1780f.

PUBLIC LAW 109–286—SEPT. 27, 2006 120 STAT. 1225

(1) on recording the quitclaim deed or deeds from the

Pueblo to the United States in trust for the Pueblo under

section 8(b) in the Land Titles and Records Office, Southwest

Region, Bureau of Indian Affairs—

(A) the Settlement Area Land shall be held in trust

by the United States for the benefit of the Pueblo; and

(B) the boundaries of the Santa Fe National Forest

shall be deemed to be modified to exclude from the National

Forest System the Settlement Area Land; and

(2) on recording the quitclaim deed or deeds from the

Secretary of Agriculture to the County of the Water System

Land in the county land records, the boundaries of the Santa

Fe National Forest shall be deemed to be modified to exclude

from the National Forest System the Water System Land.

(b) FUTURE INTERESTS.—If fee title to the Water System Land

vests in the Pueblo by conveyance or operation of law, the Water

System Land shall be deemed to be held in trust by the United

States for the benefit of the Pueblo, without further administrative

procedures or environmental or other analyses.

(c) NONINTERCOURSE ACT.—Any land conveyed to the Secretary

of the Interior in trust for the Pueblo or any other tribe in accordance with this Act shall be—

(1) subject to the Act of June 30, 1834 (25 U.S.C. 177);

and

(2) treated as reservation land.

SEC. 10. INTERIM MANAGEMENT.

Subject to valid existing rights, prior to the conveyance under

section 9, the Secretary of Agriculture, with respect to the Settlement Area Land, the Water System Land, the Northern Tier Land,

and the Los Alamos Townsite Land—

(1) shall not encumber or dispose of the land by sale,

exchange, or special use authorization, in such a manner as

to substantially reduce the market value of the land;

(2) shall take any action that the Secretary determines

to be necessary or desirable—

(A) to protect the land from fire, disease, or insect

infestation; or

(B) to protect lives or property; and

(3) may, in consultation with the Pueblo or the County,

as appropriate, authorize a special use of the Settlement Area

Land, not to exceed 1 year in duration.

SEC. 11. WITHDRAWAL.

Subject to valid existing rights, the land referenced in the

notices of withdrawal of land in New Mexico (67 Fed. Reg. 7193;

68 Fed. Reg. 75628) is withdrawn from all location, entry, and

patent under the public land laws and mining and mineral leasing

laws of the United States, including geothermal leasing laws.

SEC. 12. CONVEYANCE OF THE NORTHERN TIER LAND.

(a) CONVEYANCE AUTHORIZATION.— (1) IN GENERAL.—Subject to valid existing rights, including

reservations in the United States and any right under this

section, the Secretary of Agriculture shall sell the Northern

Tier Land on such terms and conditions as the Secretary may

prescribe as being in the public interest and in accordance

with this section.

25 USC 1780j.

25 USC 1780i.

25 USC 1780h.

120 STAT. 1226 PUBLIC LAW 109–286—SEPT. 27, 2006

(2) EFFECT OF PARAGRAPH.—The authorization under paragraph (1) is solely for the purpose of consolidating Federal

and non-Federal land to increase management efficiency and

is not in settlement or compromise of any claim of title by

any Pueblo, Indian tribe, or other entity.

(b) RIGHTS OF REFUSAL.— (1) PUEBLO OF SANTA CLARA.— (A) IN GENERAL.—In consideration for an easement

under subsection (e)(2), the Pueblo of Santa Clara shall

have an exclusive option to purchase the Northern Tier

Land for the period beginning on the date of enactment

of this Act and ending 90 days thereafter.

(B) RESOLUTION.—Within the period prescribed in

subparagraph (A), the Pueblo of Santa Clara may exercise

its option to acquire the Northern Tier Land by delivering

to the Regional Director of Lands and Minerals, Forest

Service, Southwestern Region, Department of Agriculture,

a resolution of the Santa Clara Tribal Council expressing

the unqualified intent of the Pueblo of Santa Clara to

purchase the land at the offered price.

(C) FAILURE TO ACT.—If the Pueblo of Santa Clara

does not exercise its option to purchase the Northern Tier

Land within the 90-day period under subparagraph (A),

or fails to close on the purchase of such land within 1

year of the date on which the option to purchase was

exercised, the Secretary of Agriculture shall offer the

Northern Tier Land for sale to the Pueblo.

(2) OFFER TO PUEBLO.—

(A) IN GENERAL.—Not later than 90 days after receiving

a written offer from the Secretary of Agriculture under

paragraph (1)(C), the Pueblo may exercise its option to

acquire the Northern Tier Land by delivering to the

Regional Director of Lands and Minerals, Forest Service,

Southwestern Region, a resolution of the Pueblo Tribal

Council expressing the unqualified intent of the Pueblo

to purchase the land at the offered price.

(B) FAILURE OF PUEBLO TO ACT.—If the Pueblo fails

to exercise its option to purchase the Northern Tier Land

within 90 days after receiving an offer from the Secretary

of Agriculture, or fails to close on the purchase of such

land within 1 year of the date on which the option to

purchase was exercised under subparagraph (A), the Secretary of Agriculture may sell or exchange the land to

any third party in such manner and on such terms and

conditions as the Secretary determines to be in the public

interest, including by a competitive process.

(3) EXTENSION OF TIME PERIOD.—The Secretary of Agriculture may extend the time period for closing beyond the

1 year prescribed in subsection (b), if the Secretary determines

that additional time is required to meet the administrative

processing requirements of the Federal Government, or for

other reasons beyond the control of either party.

(c) TERMS AND CONDITIONS OF SALE.—

(1) PURCHASE PRICE.—Subject to valid existing rights and

reservations, the purchase price for the Northern Tier Land

sold to the Pueblo of Santa Clara or the Pueblo under subsection

(b) shall be the consideration agreed to by the Pueblo of Santa

Deadline.

Deadline.

PUBLIC LAW 109–286—SEPT. 27, 2006 120 STAT. 1227

Clara pursuant to that certain Pueblo of Santa Clara Tribal

Council Resolution No. 05–01 ‘‘Approving Proposed San

Ildefonso Claims Settlement Act of 2005, and Terms for Purchase of Northern Tier Lands’’ that was signed by Governor

J. Bruce Tafoya in January 2005.

(2) RESERVED RIGHTS.—On the Northern Tier Land, the

United States shall reserve the right to operate, maintain,

reconstruct (at standards in existence on the date of the Settlement Agreement), replace, and use the stream gauge, and to

have unrestricted administrative access over the associated

roads to the gauge (as depicted in Appendix B of the Settlement

Agreement).

(3) CONVEYANCE BY QUITCLAIM DEED.—The conveyance of

the Northern Tier Land shall be by quitclaim deed executed

on behalf of the United States by the Director of Lands and

Minerals, Forest Service, Southwestern Region, Department

of Agriculture.

(d) TRUST STATUS AND FOREST BOUNDARIES.—

(1) ACQUISITION OF LAND BY INDIAN TRIBE.—If the Northern

Tier Land is acquired by an Indian tribe (including a Pueblo

tribe), the land may be reconveyed by quitclaim deed or deeds

back to the United States to be held in trust by the Secretary

of the Interior for the benefit of the tribe, and the Secretary

of the Interior shall accept the conveyance without any additional administrative action by the Secretary of Agriculture

or the Secretary of the Interior.

(2) LAND HELD IN TRUST.—On recording a quitclaim deed

described in paragraph (1) in the Land Titles and Records

Office, Southwest Region, Bureau of Indian Affairs, the

Northern Tier Land shall be deemed to be held in trust by

the United States for the benefit of the Indian tribe.

(3) BOUNDARIES OF SANTA FE NATIONAL FOREST.—Effective

on the date of a deed described in paragraph (1), the boundaries

of the Santa Fe National Forest shall be deemed modified

to exclude from the National Forest System the land conveyed

by the deed.

(e) INHOLDER AND ADMINISTRATIVE ACCESS.—

(1) FAILURE OF PUEBLO OF SANTA CLARA TO ACT.—

(A) IN GENERAL.—If the Pueblo of Santa Clara does

not exercise its option to acquire the Northern Tier Land,

the Secretary of Agriculture or the Secretary of the Interior,

as appropriate, shall by deed reservations or grants on

land under their respective jurisdiction provide for inholder

and public access across the Northern Tier Land in order

to provide reasonable ingress and egress to private and

Federal land as shown in Appendix B of the Settlement

Agreement.

(B) ADMINISTRATION OF RESERVATIONS.—The Secretary

of the Interior shall administer any such reservations on

land acquired by any Indian tribe.

(2) EFFECT OF ACCEPTANCE.—If the Pueblo of Santa Clara

exercises its option to acquire all of the Northern Tier Land,

the following shall apply:

(A) EASEMENTS TO UNITED STATES.—

(i) DEFINITION OF ADMINISTRATIVE ACCESS.—In this

subparagraph, the term ‘‘administrative access’’ means

access to Federal land by Federal employees acting

Applicability.

Effective date.

120 STAT. 1228 PUBLIC LAW 109–286—SEPT. 27, 2006

in the course of their official capacities in carrying

out activities on Federal land authorized by law or

regulation, and by agents and contractors of Federal

agencies who have been engaged to perform services

necessary or desirable for fire management and the

health of forest resources, including the cutting and

removal of vegetation, and for the health and safety

of persons on the Federal land.

(ii) EASEMENTS.— (I) IN GENERAL.—The Pueblo of Santa Clara

shall grant and convey at closing perpetual easements over the existing roads to the United States

that are acceptable to the Secretary of Agriculture

for administrative access over the Santa Clara Reservation Highway 601 (the Puye Road), from its

intersection with New Mexico State Highway 30,

westerly to its intersection with the Sawyer

Canyon Road (also known as Forest Development

Road 445), thence southwesterly on the Sawyer

Canyon Road to the point at which it exits the

Santa Clara Reservation.

(II) MAINTENANCE OF ROADWAY.—An easement

under this subparagraph shall provide that the

United States shall be obligated to contribute to

maintenance of the roadway commensurate with

actual use.

(B) EASEMENTS TO PRIVATE LANDOWNERS.—Not later

than 180 days after the date of enactment of this Act,

the Pueblo of Santa Clara, in consultation with private

landowners, shall grant and convey a perpetual easement

to the private owners of land within the Northern Tier

Land for private access over Santa Clara Reservation Highway 601 (Puye Road) across the Santa Clara Indian Reservation from its intersection with New Mexico State Highway 30, or other designated public road, on Forest Development Roads 416, 445 and other roads that may be necessary

to provide access to each individually owned private tract.

(3) APPROVAL.—The Secretary of the Interior shall approve

the conveyance of an easement under paragraph (2) upon

receipt of written approval of the terms of the easement by

the Secretary of Agriculture.

(4) ADEQUATE ACCESS PROVIDED BY PUEBLO OF SANTA

CLARA.—If adequate administrative and inholder access is provided over the Santa Clara Indian Reservation under paragraph

(2), the Secretary of the Interior—

(A) shall vacate the inholder access over that portion

of Forest Development Road 416 referenced in section

7(e)(5); but

(B) shall not vacate the reservations over the Northern

Tier Land for administrative access under subsection (c)(2).

SEC. 13. INTER–PUEBLO COOPERATION.

(a) DEMARCATION OF BOUNDARY.—The Pueblo of Santa Clara

and the Pueblo may, by agreement, demarcate a boundary between

their respective tribal land within Township 20 North, Range 7

East, in Rio Arriba County, New Mexico, and may exchange or

otherwise convey land between them in that township.

25 USC 1780k.

Deadline.

PUBLIC LAW 109–286—SEPT. 27, 2006 120 STAT. 1229

(b) ACTION BY SECRETARY OF THE INTERIOR.—In accordance

with any agreement under subsection (a), the Secretary of the

Interior shall, without further administrative procedures or environmental or other analyses—

(1) recognize a boundary between the Pueblo of Santa

Clara and the Pueblo;

(2) provide for a boundary survey;

(3) approve land exchanges and conveyances as agreed

upon by the Pueblo of Santa Clara and the Pueblo; and

(4) accept conveyances of exchanged lands into trust for

the benefit of the grantee tribe.

SEC. 14. DISTRIBUTION OF FUNDS PLAN.

Not later than 2 years after the date of enactment of this

Act, the Secretary of the Interior shall act in accordance with

the Indian Tribal Judgment Funds Use or Distribution Act (25

U.S.C. 1401 et seq.) with respect to the award entered in the

compromise and settlement of claims under the case styled Pueblo

of San Ildefonso v. United States, No. 660–87L, United States

Court of Federal Claims.

SEC. 15. RULE OF CONSTRUCTION AND JUDICIAL REVIEW.

Notwithstanding any provision of State law, the Settlement

Agreement and the Los Alamos Agreement (including any real

property conveyance under the agreements) shall be interpreted

and implemented as matters of Federal law.

SEC. 16. EFFECTIVE DATE.

This Act shall take effect on the date of enactment of this

Act.

SEC. 17. TIMING OF ACTIONS.

It is the intent of Congress that the land conveyances and

adjustments contemplated in this Act (except the conveyances and

adjustments relating to Los Alamos Townsite Land) shall be completed not later than 180 days after the date of enactment of

this Act.

Deadline.

25 USC 1780o.

25 USC 1780n.

25 USC 1780m.

Deadline.

25 USC 1780l.

120 STAT. 1230 PUBLIC LAW 109–286—SEPT. 27, 2006

LEGISLATIVE HISTORY—S. 1773:

HOUSE REPORTS: No. 109–633 (Comm. on Resources).

SENATE REPORTS: No. 109–252 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD, Vol. 152 (2006):

May 24, considered and passed Senate.

Sept. 12, considered and passed House.

Æ

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such funds as are

necessary to carry out this Act.

Approved September 27, 2006.

25 USC 1780p.