116 STAT. 6 PUBLIC LAW 107–138—FEB. 6, 2002

Public Law 107–138

107th Congress

An Act

To require the valuation of nontribal interest ownership of subsurface rights within

the boundaries of the Acoma Indian Reservation, 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. PUEBLO OF ACOMA LAND AND MINERAL CONSOLIDATION.

(a) VALUATION.—Not later than 6 months after the date of

the enactment of this Act, the Secretary of the Interior shall determine the extent and the value of the nontribal interest ownership

of the subsurface rights, including mineral rights, within the boundaries of the Acoma Indian Reservation.

(b) LAND EXCHANGES.—Upon completion of the valuation

required by subsection (a), the Secretary shall, unless the Secretary

exercises an option under subsection (c), negotiate an exchange

with any willing sellers of interests in nontribal land (including

interests in mineral or other surface or subsurface rights) within

the boundaries of the Acoma Indian Reservation for interests in

Federal land that is—

(1) located within the boundaries of the State of New

Mexico;

(2) identified by the Bureau of Land Management as available for disposal; and

(3) of approximately the same value as the interest in

land for which it is being exchanged.

(c) PURCHASE OPTION.—At the discretion of the Secretary,

instead of a land exchange under subsection (b), the Secretary

may acquire interests in nontribal land (including interests in mineral or other surface or subsurface rights) within the boundaries

of the Acoma Indian Reservation through—

(1) direct cash purchase of the interests in nontribal land

for the fair market value determined under subsection (a);

and

(2) issuance to any owner of the interests in nontribal

land of a Certificate of Bidding Rights in such form and manner

as provided for under regulations promulgated by the Secretary

under provisions of the Act of February 25, 1920 (commonly

known as the Mineral Leasing Act (30 U.S.C. 181 et seq.))

or the Outer Continental Shelf Lands Act (43 U.S.C. 1331

et seq.) for mineral leasing and bidding rights equal to the

fair market value determined under subsection (a).

(d) COST SHARING.—The costs of the valuation required under

subsection (a) and any land exchange under subsection (b) shall

be equally shared between the owners of the interests in nontribal

Applicability. land and the Secretary. This subsection shall apply to the cost

Deadline.

New Mexico.

Feb. 6, 2002

[H.R. 1913]

PUBLIC LAW 107–138—FEB. 6, 2002 116 STAT. 7

LEGISLATIVE HISTORY—H.R. 1913:

HOUSE REPORTS: No. 107–285 (Comm. on Resources).

CONGRESSIONAL RECORD:

Vol. 147 (2001): Nov. 27, considered and passed House.

Vol. 148 (2002): Jan. 28, considered and passed Senate.

Æ

of the valuation under subsection (a) even if the Secretary elects

to exercise the options for acquisition under subsection (c).

SEC. 2. TIMELINE; LAND TAKEN INTO TRUST.

The Secretary shall complete such negotiations and exchanges

not later than 3 years after the date of the enactment of this

Act and shall place interests in land within the boundaries of

the Acoma Indian Reservation that are acquired under this Act

into trust for the Pueblo of Acoma.

Approved February 6, 2002.

Deadline.