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[Senate Report 106-506]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-506

======================================================================

 
        TO SETTLE THE LAND CLAIMS OF THE PUEBLO OF SANTO DOMINGO

                                _______
                                

   October 18 (legislative day, September 22), 2000.--Ordered to be 
                                printed

                                _______
                                

   Mr. Campbell, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2917]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2917) to settle the land claims of the Pueblo of Santo 
Domingo, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute, and recommends 
that the bill, as amended, do pass.

                                purpose

    The purpose of S. 2917 is to ratify and provide for the 
implementation of a Settlement Agreement between the United 
States and the Pueblo of Santo Domingo that was negotiated in 
consultation with the State of New Mexico, other pueblos, local 
governments and private landowners, to settle the Pueblo's land 
claims and provide for settlement of decades-old lawsuits 
involving title to more than 80,000 acres of public, private, 
and Indian land on both sides of the Rio Grand River south of 
Santa Fe, New Mexico.

                               background

    The people of the Pueblo of Santo Domingo (Pueblo) have 
inhabited the Rio Grande River Valley near the confluence of 
the Rio Grande River and the Galisteo River since before the 
arrival of Spanish colonists in the late 16th century. In 1689, 
the government of Spain issued a land grant to the Pueblo; 
however, like other Spanish land grants to Indian Pueblos, the 
Santo Domingo Land Grant did not encompass all of the Pueblo's 
traditional use areas. Accordingly, in 1748, the Pueblo 
purchased the Diego Gallegos Land Grant, the boundaries of 
which overlapped the 1689 grant lands and other lands on the 
west side of the Rio Grande River.
    The United States acquired sovereignty over the territory 
of what was to become the State of New Mexico as a result of 
war with Mexico in 1845 and the subsequent Treaty of Guadalupe-
Hidalgo. Although the United States recognized the Santo 
Domingo Land Grant under the terms of the treaty, and 
subsequently provided for its survey and patent to the Pueblo, 
the United States Surveyor General did not survey the Diego 
Gallegos Grant, and no Federal patent was issued to the Pueblo 
for the Diego Gallegos Grant.
    In 1907 a re-survey of the original Federal survey of that 
part of the 1689 Santo Domingo Land Grant located on the east 
side of the Rio Grande River revealed that the correct boundary 
of the grant overlapped portions of the three other Spanish 
land grants that were made subsequent to 1689. In 1928, the 
Pueblo Lands Board, which was established by the Congress to 
resolve conflicting claims to pueblo lands, excluded these 
overlapped areas from the Santo Domingo Pueblo's reservation.
    The overlapping land grants, surveys and mis-surveys of 
pueblo lands on both sides of the Rio Grande River, the lack of 
a Federal survey of the Gallegos Grant, and the Pueblo land 
Board's decisions gave rise to an array of competing claims to 
title to land by Indians and non-Indians. These claims have 
been asserted in numerous lawsuits, three of which encompass 
the most significant title disputes involving the lands of the 
Pueblo of Santo Domingo.
    One of these three cases was initiated in the late 1940's, 
when the Pueblo filed suit against the United States before the 
Indian Claims Commission (Pueblo of Santo Domingo v. United 
States, Docket No. 355) seeking monetary damages for trespass, 
lost use, and breach of the ``fair and honorable dealings'' 
provision in the Indian Claims Commission Act of 1946. The 
Pueblo's claims involve more than 80,000 acres of land and 
remain unresolved after nearly 50 years of litigation.
    In another major action, the Pueblo brought suit in federal 
court against a private landowner (Pueblo of Santo Domingo v. 
Rael, Civil No. 83-1888) seeking to secure possession of land 
within the Diego Gallegos Grant area, which include 
approximately 50,000 acres. About half of this land is 
controlled by the Pueblo and the remainder is occupied by the 
United States Forest Service, the Bureau of Land Management, 
the State of New Mexico, other pueblos, and private 
individuals. In 1988, the U.S. District Court for the District 
of New Mexico entered judgment for the Pueblo. On appeal, the 
Tenth Circuit Court of Appeals remanded the case to the 
district court. The Court of Appeals, noting that the Rael and 
the Indian Claims Commission cases concerned some of the same 
lands and that the United States was defendant in the Indian 
Claims Commission case while the Bureau of Indian Affairs was 
assisting the Pueblo in Rael with witnesses and other expenses, 
found that the United States was taking potentially 
inconsistent positions in the two cases. The Court of Appeals, 
among other rulings, ordered the Rael action held in abeyance 
until the Government intervened in Rael or judgment was entered 
in the Indians Claims Commission case.
    The third principal lawsuit resulted from the 1928 decision 
by the Pueblo Lands Board to exclude from the Pueblo of Santo 
Domingo's reservation that land which was overlapped by other 
Spanish land grants and claimed by third parties. In this case, 
United States v. Thompson, 941 F.2d 1074, cert. denied, 503 
U.S. 984 (1992), the United States sought to enforce the 
Pueblo's title against third parties who trace their title to 
approximately 24,000 acres of land that is subject to the 
overlapping land grants. In 1991, the Tenth Circuit Court of 
Appeals held that the United States' claim on behalf of the 
Pueblo was time-barred. Although the court found that the 
Pueblo Lands Board had ignored an express congressional 
directive in determining that the overlapped lands did not 
belong to the Pueblo, the court did not decide who has title to 
those lands.
    In the mid-1990's, with all parties to these long-running 
disputes facing the prospect of many more years of expensive 
and possibly inconclusive litigation, a Federal negotiating 
team was appointed and, with representatives of the Pueblo of 
Santo Domingo, the team began working with various landowners, 
the State of New Mexico, Federal agencies and other Indian 
tribes to develop a comprehensive settlement that would resolve 
the Pueblo's land claims with finality and in a principled 
manner that serves the interests of all parties. In June, 2000, 
after years of negotiations, the parties signed a Settlement 
Agreement that provides for such a settlement. On July 28, 
2000, Senator Pete Domenici introduced S. 2917, a bill that 
would ratify the Settlement Agreement and authorize the Federal 
actions and appropriations necessary to effect the settlement.

                         Summary of Provisions

    S. 2197 approves and ratifies the Santo Domingo Pueblo 
Settlement Agreement, provides for the extinguishment of the 
Pueblo's land and damage claims against the United States and 
other parties, confirms the Pueblo's reservation boundaries, 
and ratifies land transfers by and on behalf of the Pueblo that 
will be made pursuant to the Settlement Agreement subsequent to 
enactment of S. 2917.
    The bill and the Settlement Agreement provides for the 
extinguishment of the Pueblo's claims in exchange for money and 
land. The monetary component of the settlement consists of two 
parts: first, the United States and the Pueblo will stipulate 
to a judgment by the United States Court of Federal Claims in 
the amount of $8,000,000 in Indian Claims Commission Docket No. 
355. This amount is to be paid from the Judgment Fund of the 
United States into the ``Pueblo of Santo Domingo Land Claims 
Settlement Fund'' that is to be established in the United 
States Treasury. Second, S. 2917 authorizes the appropriation 
of a total of $15,000,000 for deposit into the Settlement Fund 
in three installments of $5,000,000 each, beginning in Fiscal 
Year 2002. None of the settlement funds can be disbursed until 
the case of Pueblo of Santo Domingo v. Rael is dismissed with 
prejudice and the final judgment in Indian Claims Commission 
Docket No. 355 is entered and paid into the Settlement Fund.
    The land component of the settlement also consists of two 
parts. One part provides that, upon the dismissal of the Rael 
case and the entry of the final judgment in the Indian Claims 
Commission case, approximately 4,577 acres of public lands 
administered by the Bureau of Land Management and described in 
the Settlement Agreement should be held by the United States on 
behalf of the Pueblo, subject to valid existing rights and 
rights of public and private access as described in the 
Settlement Agreement. In addition, the Pueblo would have a two-
year option to purchase approximately 7,355 acres of United 
States Forest Service land within the claim area and two other 
parcels adjacent to the claim area, for the agreed-upon price 
of $3.7 million. If the purchase is consummated, the Forest 
Service is authorized to use the funds to acquire replacement 
lands elsewhere in New Mexico for public use.
    S. 2917 also affirms the boundaries of the Santo Domingo 
Pueblo Land Grant as they were determined by the 1907 survey, 
and provides that non-Indian fee lands within the overlap area 
would not be considered Indian country pursuant to 18 U.S.C. 
1151 and would not be subject to tribal or Federal 
jurisdiction. Lands acquired by the Pueblo within the overlap 
area would be considered Indian country and would be subject to 
tribal and Federal jurisdiction. These provisions and the 
provisions of the Settlement Agreement together would resolve 
the Pueblo's land claims once and for all, and clearly 
delineate the Pueblo's lands.

                          legislative history

    S. 2917 was introduced on July 28, 2000, by Senator Pete 
Domenici and referred to the Committee on Indian Affairs. On 
September 27, 2000, the Committee ordered S. 2917 reported 
favorably to the Senate with an amendment-in-the-nature-of-a-
substitute. The substitute amendment is identical to the bill 
as introduced except for a new section 7 that includes three 
provisions that were requested by the Pueblo and other 
settlement parties. One amendment, proposed by the New Mexico 
State Land Department, authorizes conveyance of certain State 
lands to the Bureau of Land Management and the subsequent 
conveyance of certain State lands to the Bureau of Land 
Management and the subsequent conveyance of these lands to the 
Pueblo by sale, exchange or otherwise. These State lands would 
otherwise be entirely surrounded by Pueblo land once the land 
transfers provided for in the settlement are completed. Another 
amendment authorizes a land exchange negotiated by the Pueblo 
and a family of private landowners and provides for the 
Secretary to take into trust status the exchange lands acquired 
by the Pueblo. The third amendment corrects an inadvertent 
omission by the settlement parties in drafting the initial 
version of S. 2917 by providing approval of an agreement 
negotiated between the Pueblos of Santo Domingo and Cochiti as 
mandated by a provision of the Settlement Agreement. The 
Committee understands that all of the settlement parties 
support S. 2917 with these amendments.

            committee recommendation and tabulation of vote

    On September 27, 2000, the Committee on Indian Affairs, in 
an open business session, considered S. 2917 and by voice vote 
ordered the bill reported favorably with an amendment-in-the-
nature-of-a-substitute.

                      section-by-section analysis

    Section I cites the short title of the S. 2917 as the 
``Santo Domingo Pueblo Claims Settlement Act of 2000.''
    Section 2(a) sets forth six findings outlining the origins 
of the Pueblo's land claims, the pending litigation, and 
settlement negotiations.
    Section 2(b) states the purposes of the bill as--
          (1) to remove the cloud on titles to land resulting 
        from the Pueblo's claims and to settle all of the 
        Pueblo's claims against the United States and third 
        parties, including land, boundary and trespass claims, 
        in a fair, equitable and final manner;
          (2) to provide for the restoration of certain lands 
        to the Pueblo and to confirm its boundaries;
          (3) to clarify governmental jurisdiction over the 
        lands within the Pueblo's land claims area; and,
          (4) to ratify a Settlement Agreement between the 
        United States and the Pueblo which includes--
                  (A) the Pueblo's agreement to relinquish and 
                compromise its land and trespass claims;
                  (B) the provision of $8,000,000 as 
                compensation for its claims filed before the 
                Indian Claims Commission;
                  (C) the transfer of approximately 4,577 acres 
                of public land to the Pueblo;
                  (D) the sale of approximately 7,355 acres of 
                national forest lands to the Pueblo; and
                  (E) the authorization of $15,000,000 over 
                three fiscal years into a Santo Domingo Lands 
                Claims Settlement Fund for land acquisition and 
                other enumerated tribal purposes.
    Section 2(c) provides that nothing in this Act shall be 
construed to effectuate an extinguishment of, or to otherwise 
impair, the Pueblo's title to or interest in lands or water 
rights as described in section 5(a)(2).
    Section 3 provides definitions for the terms ``Federally 
Administered Lands''; ``Fund''; ``Pueblo''; ``Santo Domingo 
Pueblo Grant''; ``Secretary''; and ``Settlement Agreement''.
    Section 4 provides that the Settlement Agreement is 
approved and ratified.
    Section 5(a) provides for the extinguishment of the 
Pueblo's land and damage claims against the United States and 
against persons, the State of New Mexico and its subdivisions, 
and other Indian tribes; confirms a 1927 determination by the 
Pueblo Lands Board; and ratifies, in accordance with the Trade 
and Intercourse Act of 1834, the land transfers by and on 
behalf of the Pueblo to be made pursuant to the Settlement 
Agreement subsequent to enactment of S. 2917.
    The extinguishment of the Pueblo's claims shall be 
effective upon the entry of a judgment in the amount of 
$8,000,000 in Indian Claims Commission docket No. 355, which is 
before the U.S. Court of Federal Claims.
    Section 5(b)(1) provides for the establishment in the U.S. 
Treasury of the ``Pueblo of Santo Domingo Land Claims 
Settlement Fund'' (Fund), and sets the following conditions on 
the use of deposits made to the Fund:
    A. The Secretary of the Interior will maintain and invest 
the Fund.
    B. The Pueblo may expend monies from the Fund to acquire 
lands within the exterior boundaries of the Pueblo's exclusive 
aboriginal area, as described in Findings of Fact of the Indian 
Claims Commission, and provide for education, economic 
development, youth and elderly programs, or for other tribal 
purposes in accordance with plans and budgets developed by the 
Pueblo and approved by the Secretary.
    C. Neither the Secretary or the Secretary of the Treasury 
shall retain any oversight over or liability for the 
accounting, disbursement, or investment of monies withdrawn 
from the Fund by the Pueblo.
    D. None of the monies in the Fund may be used to make per 
capita payments to members of the Pueblo.
    E. 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 to acquire lands for the Pueblo 
pursuant to this Act.
    F. The provisions of the Indian Judgment Distribution Act, 
P.L. 108-412, shall not be applicable to the Fund.
    Section 5(b)(2) authorizes to be appropriated a total of 
$15,000,000 into the Fund in three installments of $5,000,0000 
each, the first of which is to be deposited in the fiscal year 
beginning on October 1, 2001.
    None of the authorized appropriations shall be disbursed 
until (A) the case of Pueblo of Santo Domingo v. Rael in U.S. 
District Court for the District of New Mexico has been 
dismissed, with prejudice, and (B) a compromise final judgment 
of $8,000,000 has been entered in the U.S. Court of Federal 
Claims in the case of Pueblo of Santo Domingo v. United States 
(Indian Claims Commission Docket No. 355), and such funds are 
deposited into the fund.
    Section 5(c) provides that, on the date when the Court of 
Federal Claims has entered the final compromise judgment in 
Indian Claims Commission docket NO. 355, and the U.S. District 
court has dismissed with prejudice the case of Santo Domingo 
Pueblo v. Rael.
          (1) approximately 4,577 acres of public lands 
        administered by the Bureau of Land Management and 
        described in section 6 of the Settlement Agreement 
        shall be held by the United States on behalf of the 
        Pueblo, subject to valid existing rights and rights of 
        public and private access as described 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 such 
        lands as provided in section 7 of the Settlement 
        Agreement, and the funds received by the Secretary of 
        Agriculture for such sales shall be available to 
        purchase non-Federal lands within or adjacent to the 
        National Forests in the State of New Mexico;
          (3) the lands conveyed by the Secretary of 
        Agriculture to the Pueblo shall no longer be considered 
        part of the National Forest System, and upon their 
        conveyance 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 or until the Pueblo's right to purchase such 
        lands has expired, 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 lands shall be 
        permitted, except for forest management practices 
        including the harvest of timber in the event of fire, 
        disease, or insect infestation; and,
          (5) once the Pueblo has acquired title to former 
        National Forest System lands, these lands may be 
        conveyed to the Secretary of Interior, who shall accept 
        and hold such lands in trust for the benefit of the 
        Pueblo.
    Section 6 affirms the boundaries of the Santo Domingo 
Pueblo Land Grant as determined by the 1907 Hall-Joy Survey and 
confirmed by the Pueblo Lands Board in 1927, and declares any 
lands owned or acquired by the Pueblo within such boundaries to 
be Indian country within the meaning of section 1151 of title 
18, United States Code. Any lands within such boundaries not 
owned or acquired by the Pueblo shall not be treated as Indian 
country. Any Federal lands acquired by the Pueblo shall be held 
in trust by the Secretary and shall be treated as Indian 
country. Any lands acquired by the Pueblo pursuant to section 
5(c) shall be subject to the provisions of the Pueblo Lands Act 
(43 U.S.C. 641).
    Section 7 sets forth the three amendments described in the 
third paragraph of this memorandum.
    Section 7(a) provides that not later than 2 years after 
enactment of this Act, the Secretary shall acquire by exchange 
the State of New Mexico trust lands in township 16 north, range 
4 east, section 2, and all interests therein, and may utilize 
unappropriated public lands in New Mexico to effect such 
exchange. Upon acquisition of the state lands, the Secretary 
shall convey them to the Pueblo by sale, exchange or otherwise, 
and the Pueblo may then convey such lands to the Secretary who 
shall accept and hold them in trust for the Pueblo.
    Section 7(b) provides that any agreements entered into by 
the Pueblo to acquire the land, title to which was at issue in 
the case of Pueblo of Santo Domingo v. Rael, not later than 
December 31, 2001, shall be deemed to be approved, and the 
Pueblo may convey such land to the Secretary to be held in 
trust for the benefit of the Pueblo.
    Section 7(c) provides that all agreements, transactions, 
and conveyances authorized by resolutions of the tribal 
councils of the Pueblos of Santo Domingo and Cochiti pertaining 
to boundary disputes between them are approved.

                   COST AND BUDGETARY CONSIDERATIONS

    The cost and budgetary estimate for S. 2917, as provided by 
the Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 16, 2000.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2917, the Santo 
Domingo Pueblo Claims Settlement Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are John R. 
Righter (for federal costs), and Marjorie Miller (for the 
state, local, and tribal impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.
    S. 2917 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Any costs incurred by the tribe would be accepted voluntarily 
as part of the settlement agreement.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2917 is shown in the following table. 
This estimate assumes that the amounts authorized will be 
appropriated and that the legislation will be enacted near the 
beginning of fiscal year 2001. The costs of this legislation 
fall within budget functions 800 (general government), 450 
(community and regional development), and 300 (natural 
resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Budget Authority...................................................        8    (\1\)    (\1\)    (\1\)    (\1\)
Estimated Outlays..................................................        8    (\1\)    (\1\)    (\1\)    (\1\)

                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................................        0        5        5        5        0
Estimated Outlays..................................................        0        5        5        5        0
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.

    Basis of Estimate: Enacting S. 2917 would result in a 
payment of $8 million from the Judgment Fund to the tribe. It 
also would authorize the appropriation of $15 million and the 
transfer and sale of federal land to the tribe.

Direct spending

    Under the terms of the settlement agreement, the federal 
government would pay $8 million to the tribe from the Judgment 
Fund in 2001. Based on information from DOJ and DOI and because 
the land transfer provisions of the settlement agreement 
require the approval of the Congress, CBO concludes that this 
payment would not be made absent Congressional approval of the 
entire settlement, which enacting this bill would provide.
    This settlement would extinguish certain claims that the 
tribe may have against the United States, so it is possible 
that the amount paid to the tribe under the legislation could 
be offset by a reduction in payments that would be made from 
the Judgment Fund in future years. However, CBO cannot estimate 
either the likelihood or the magnitude of such an offset 
because there is no basis for predicting either the outcome of 
pending litigation against the United States of the amount of 
compensation, if any.
    In addition, the federal government could forgo offsetting 
receipts fro grazing fees by transferring federal land to the 
tribe, but CBO estimates that the annual amount of such forgone 
receipts would be negligible.

Spending subject to appropriation

    S. 2917 would authorize the appropriation of $5 million in 
each of fiscal years 2002 through 2004 to satisfy the 
settlement agreement entered into between the federal 
government and the tribe. Because the funds would become the 
tribe's property upon deposit into the trust fund established 
under the legislation, CBO estimates the payments would result 
in outlays of $5 million in each of the three fiscal years.
    In addition, based on information from DOI and the USFS, 
CBO estimates that the tribe would use $3.7 million of the 
fiscal year 2004 appropriation to purchase the national forest 
land set aside under the settlement agreement. Because the USFS 
could spend such amounts without further appropriation action, 
CBO estimates that the increase in receipts subject to 
appropriation action would be offset by an equivalent increase 
in spending over fiscal years 2007 and 2008.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The 
following table summarizes the estimated impact of S. 2917 on 
direct spending.

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                           ---------------------------------------------------------------------
                                             2001   2002   2003   2004   2005   2006   2007   2008   2009   2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays\1\.....................      8      0      0      0      0      0      0      0      0      0
Changes in receipts.......................                              Not applicable
----------------------------------------------------------------------------------------------------------------
\1\ This cost could be offset by a reduction in future payments from the Judgment Fund, but CBO cannot estimate
  the likelihood or magnitude of such an offset.

    Estimated impact on state, local, and tribal governments: 
S. 2917 contains no intergovernmental mandates as defined in 
UMRA. Any costs incurred by the tribe would be accepted 
voluntarily as part of this settlement agreement. The tribe has 
agreed to relinquish its land claims in exchange for cash 
payments and land.
    Enactment of this legislation would impose no significant 
cost on state or local governments. S. 2917 contains no 
private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: John R. Righter. 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller. Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                      regulatory impact statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee finds that enactment of S. 
2917 will result in de minimis regulatory and paperwork impact.

                        executive communications

    The views of the Administration on S. 2917 are set forth in 
a letter of September 13, 2000 to Chairman Ben Nighthorse 
Campbell from David J. Hayes, Deputy Secretary of the Interior, 
as follows:

                      The Deputy Secretary of the Interior,
                                Washington, DC, September 13, 2000.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on S. 2917, a bill to settle the 
land claims of the Pueblo of Santo Domingo in New Mexico. The 
Department strongly supports S. 2917.
    S. 2917 would ratify a Settlement Agreement between the 
federal government and the Pueblo of Santo Domingo to settle 
the Pueblo's land claims and related litigation, involving 
approximately 80,000 acres of land on both sides of the Rio 
Grande south of Santa Fe, New Mexico. This Settlement Agreement 
is the product of several years of negotiations, with the 
Federal Negotiating Team and the Pueblo's representatives 
working closely with neighboring landowners and governmental 
entities. Notice of the consideration of the transfer of 
federal lands to the Pueblo as part of a legislative settlement 
was published in the spring of 1999, and the Federal Team 
thereafter participated in numerous meetings with others to 
advise them of the proposed settlement and seek their input.
    S. 2917, if enacted, would resolve the title and 
compensation claims of the Pueblo and would thus remove clouds 
on title to lands surrounding the Pueblo's existing 
reservation. All landowners in the area, including the state of 
New Mexico, federal agencies, private landowners, and other 
Indian tribes, would benefit from clarification of the limits 
on the Pueblo's land rights. In return, the U.S. would convey 
certain federal lands and monetary payments to the Pueblo over 
the next several years.

                             I. background

    The people of the Pueblo of Santo Domingo inhabited the Rio 
Grande Valley near that river's confluence with the Galisteo 
River before the coming of Spanish colonists in the late 16th 
century. The Santo Domingo Pueblo Land Grant dates from 1689. 
Like other Indian Pueblo land grants, it did not include all 
traditional use areas. Subsequently, in 1748 the Pueblo itself 
purchased the Diego Gallegos Grant which is on the west side of 
the Rio Grande, overlapping the 1689 grant lands and other 
lands. However, after American sovereignty the Surveyor General 
did not survey the Diego Gallegos Grant, and no federal patent 
was issued to the Pueblo for those lands. Turning to the east 
side of the Rio Grande, the title issues relate to the fact 
that the original federal (``Clements'') survey of the 1689 
grant was under-inclusive. The re-survey in 1907 revealed that, 
by that time, the correct boundary of the 1689 grant would 
overlap three other Spanish land grants made subsequent to the 
1689 grant.
    Unfortunately, the Pueblo Lands Board, created by the 1924 
Act, purported to extinguish Pueblo title to those overlap 
lands. The courts later said that the Board had no authority to 
do so. Numerous title conflicts have arisen between the Pueblo 
and other land claimants in the vicinity as a result of the 
erroneous Clements Survey, the pressure of western migration, 
and the fact that the Gallegos Grant documents were misplaced 
and never surveyed.

                 II. LAWSUITS REGARDING TITLE DISPUTES

    Three principal lawsuits encompass many but not all of the 
title disputes. They are: (1) Pueblo of Santo Domingo v. United 
States, an Indian Claims Commission case that was filed in the 
late 1940s; (2) Pueblo of Santo Domingo v. Rael, a quiet title 
action against private landowners based on the Diego Gallegos 
Grant; and (3) United States v. Thompson, a claim to overlap 
lands against private landowners to the east of the Pueblo's 
reservation, which was dismissed based on statute of 
limitations grounds without resolving who had title to the 
lands.
    1. Pueblo of Santo Domingo v. United States. The 1946 
Indian Claims Commission Act (ICCA), provided a mechanism to 
address a broad series of claims by Indian tribes against the 
United States for past wrongs, including damages for the lack 
of ``fair and honorable dealings'' by government. More than 50 
years ago, the Pueblo initiated Pueblo of Santo Domingo v. 
United States pursuant to the ICCA. The Pueblo asserted 
monetary claims against the United States for trespass, lost 
use, and breach of the ICCA's ``fair and honorable dealings'' 
provision by the United States. The Pueblo's claims involve 
more than 80,000 acres of land. The settlement agreement 
provides for a compromise award of $8 million--payable from the 
Judgment Fund--and the Pueblo's agreement to the stipulated 
settlement of the ICCA case.
    2. Pueblo of Santo Domingo v. Rael. The Pueblo purchased 
the Diego Gallegos Grant, west of the current Pueblo 
Reservation, in 1748. The Pueblo brought suit against a private 
landowner seeking to secure possession of the land, which 
provided access to sacred areas. In 1988, the Federal District 
Court for the District of New Mexico entered judgment for the 
Pueblo. On appeal, the Tenth Circuit remanded the case to the 
district court. The Court of Appeals--noting that the Rael and 
the ICCA case concerned some of the same lands and that the 
United States was a defendant in the ICCA case while the Bureau 
of Indian Affairs was assisting the Pueblo in Rael with 
witnesses and other expenses--found that the United States 
potentially was taking inconsistent positions in the two cases. 
The Court of Appeals, among other rulings, ordered the Rael 
action held in abeyance until the Government intervened in Rael 
or judgment was entered in the ICCA case.
    The Gallegos Grant includes approximately 50,000 acres, 
about half of this acreage is controlled by the Pueblo. The 
remaining land is occupied by the U.S. Forest Service, BLM, the 
State of New Mexico, other pueblos, and private individuals. 
The proposed settlement would provide for the waiver of the 
Pueblo's claim to the Gallegos Grant lands not currently in 
possession of the Pueblo.
    3. United States v. Thompson. This dispute arises out of 
the erroneous decision by the Pueblo Lands Board in 1928. A 
portion of the Santo Domingo Pueblo Grant is overlapped by 
other Spanish land grants, which are claimed by third parties. 
The overlap area, which includes approximately 24,000 acres, 
lies within the Pueblo's reservation as delineated by the 1907 
Hall-Joy Survey but outside the earlier (and erroneous) 
``Clements'' survey. The Pueblo Lands Board--which was created 
to resolve conflicting claims to pueblo lands--confirmed the 
Hall-Joy Survey, but nonetheless erroneously excluded the 
overlap area from the Pueblo's lands. In Thompson, the United 
States sought to enforce the Pueblo's title against third-
parties who trace their title to the overlapping land grants. 
In 1991, the Tenth Circuit held that the United States' claim, 
which had been brought on behalf of the Pueblo, was time-
barred. United States v. Thompson, 941 F.2d 1074, cert. denied, 
503 U.S. 984 (1992). The Court of Appeals, however, found that 
``the [Pueblo Lands] Board ignored an express congressional 
directive'' in determining that the overlap lands did not 
belong to the Pueblo. 941 F.2d at 1080.
    The Court of Appeals, in finding that the action was time-
barred, did not resolve who had title to the overlap area. 
These overlap lands are currently in the possession of non-
Indians and in the Army Corps of Engineers, which acquired fee 
title to land for the Galisteo Project through condemnation 
proceedings decades ago. The proposed global settlement would 
resolve title issues raised in Thompson, clearing the title of 
landowners in the overlap area.

               III. MECHANICS OF THE PROPOSED SETTLEMENT

    The proposed settlement works as follows. After enactment 
of legislation ratifying the settlement and upon entry of the 
stipulated settlement of the ICCA case and dismissal with 
prejudice of the Pueblo's existing quiet title action in Rael, 
the Pueblo will receive both money and land. In addition to 
compromising its ICCA claims and agreeing to dismiss with 
prejudice the Rael case, the Pueblo agrees to waive other 
existing land claims.
    The monetary component of the settlement totals $23 
million, of which $8 million would be payable from the Judgment 
Fund. The remaining $15 million of the proposal funds would be 
authorized to be appropriated over three consecutive years in 
the amount of $5 million beginning in FY 2002. These funds will 
be deposited in a Santo Domingo Land Claims Settlement Fund.
    The land component of the proposal is two-fold. First, the 
Pueblo will receive approximately 4,500 acres of BLM land 
within the Pueblo's claim area. These are lands that BLM has 
determined are appropriate for disposal. Second, the parties 
have agreed to a global settlement that includes a conveyance 
of certain lands at a negotiated purchase price. To this end, 
the Pueblo has the option to purchase some Forest Service land 
within the claim area and two other parcels of land adjacent to 
the claim area, approximately 7000 acres, for the agreed upon 
price of $3.7 million. This option, if not exercised by the 
Pueblo, expires two years after the final appropriation of 
funds to the Santo Domingo Land Acquisition Fund. The Forest 
Service would be authorized to use the funds to acquire 
replacement lands for public use elsewhere in New Mexico.
    The proposed settlement agreement would confirm the Hall-
Joy Survey as the boundary of the Pueblo's reservation. In 
order to avoid jurisdictional confusion, non-Indian fee lands 
within the overlap area would not be Indian country pursuant to 
18 U.S.C. Sec. 1151, and would not be subject to tribal and 
federal jurisdiction. Pursuant to the settlement, land within 
the overlap area would constitute Indian country if it is 
acquired by the Pueblo in fee simple.
    The proposed settlement, if legislatively ratified, would 
resolve the Pueblo's land claims with finality and do so in a 
principled way which serves the interests of all parties. The 
Pueblo boundaries have been in continuous dispute since the 
mid-19th century. This settlement resolves the Pueblo claims 
once and for all, clearly delineating the Pueblo's lands.
    The Office of Management and Budget has advised that there 
is no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                                    David J. Hayes.

                        CHANGES IN EXISTING LAW

    The Committee finds that S. 2917, as amended, if enacted 
would make no changes in existing law.
                            A P P E N D I X

                              ----------                              

    The text of the Settlement Agreement between the United 
States and the Pueblo of Santo Domingo to resolve all of the 
Pueblo's land title and trespass claims, together with a map of 
the settlement area, follows:

SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES AND THE PUEBLO OF SANTO 
 DOMINGO TO RESOLVE ALL OF THE PUEBLO'S LAND TITLE AND TRESPASS CLAIMS

    Subject to ratification and approval by an Act of Congress, 
the Pueblo of Santo Domingo and the United States through the 
Departments of Justice, Agriculture and the Interior hereby 
enter into this Agreement to settle the Pueblo's land title and 
trespass claims, as set out in detail below.
SECTION 1. PRELIMINARY UNDERSTANDINGS
    (a) This Agreement imposes no enforceable burdens or 
obligations on any party hereto until it has been ratified and 
approved by an Act of the Congress of the United States. The 
Agreement reflects the result of many months of negotiations 
between a Federal Negotiating Team representing the three 
Executive Departments and a Pueblo Negotiating Team 
representing the Tribal Council of the Pueblo of Santo Domingo, 
who have sought to achieve a resolution of the Pueblo's land 
claims to avoid the expense, hardship, and uncertainty which 
would result from the many years of litigation which would be 
required to adjudicate all of these claims with finality.
    (b) Provisions for appropriated funds in Section 5 of this 
Agreement are subject to the Congressional appropriations 
process, and the schedule set forth in that Section does not 
bind the U.S. Congress. Accordingly, the availability of those 
appropriated funds to effectuate this settlement cannot be 
guaranteed.
    (c) Nothing in this Agreement constitutes an admission of 
liability by the United States or the Pueblo of Santo Domingo 
or any admission of any fact relevant to the assertion by the 
Pueblo of its land and trespass claims and any claims against 
the United States.
SECTION 2. PURPOSE
    The purpose of this Agreement is to settle fairly and with 
finality and certainty the land title claims, boundary 
disputes, and trespass claims of the Pueblo, and to provide for 
the extinguishment of the Pueblo's claims, including but not 
limited to:
    (a) Docket No. 355 of the Indian Claims Commission, pending 
in the U.S. Court of Federal Claims;
    (b) Claims to that portion of the Santo Domingo Pueblo Land 
Grant which is overlapped by other Spanish land grants, and 
which were the subject of United States v. Thompson, et al., 
U.S. Dist. Ct., Dist. of New Mexico, Civil No. 84-0314 JC, and 
United States v. Pankey, U.S. Dist. Ct., Dist. of New Mexico, 
No. 729 in Law and Equity.
    (c) Claims by the Pueblo based on its purchase of the Diego 
Gallegos Grant, including litigation styled Pueblo of Santo 
Domingo v. Rael, U.S. Dist. Ct., Dist. of New Mexico, Civil No. 
83-1888.
    (d) Claims by the Pueblo to federally-administered lands, 
including National Forest System lands, and to lands held by 
the United States for the benefit of other Indian tribes.

    Notwithstanding the foregoing, nothing in this Agreement is 
intended to or shall effectuate an extinguishment of or 
otherwise impair the Pueblo's title to or interest in lands or 
water rights as described in Section 9(b)(1) of this Agreement.
SECTION 3. AMENDMENT; OPTION TO WITHDRAW
    (a)(1) The parties to this Settlement Agreement may agree 
to amend the Agreement at any time prior to enactment of 
legislation ratifying and approving this Agreement.
    (2) The parties may amend this Settlement Agreement after 
the enactment of the ratifying legislation for purposes of 
making technical corrections only.
    (b)(1) If one house of the U.S. Congress passes a bill 
which would alter the terms of this Settlement Agreement or 
would otherwise impose terms on the parties inconsistent with 
the terms of this Settlement Agreement, in a manner that 
materially prejudices the interests of either party, either 
party may, at any time after passage of the bill by that house, 
exercise the option to withdraw its approval of this Agreement 
by written notice to the other party. Such notices must be 
received by the other party prior to enrollment of the bill 
pursuant to 1 U.S.C. Sec. 106.
    (2) In addition to the provisions of subparagraph (b)(1), 
either party may withdraw from this Settlement Agreement if 
ratifying legislation is not enacted by November 15, 2000, 
provided that such notice of withdrawal must be received by the 
other party prior to the enrollment of a bill pursuant to 1 
U.S.C. Sec. 106.
    (3) The provisions of subparagraphs (b) and (c) do not 
impair or in any way limit the constitutional authorities of 
the President of the United States.
    (c)(1) Exercise by the Pueblo of the option to withdraw 
pursuant to subsection (b) will require a resolution of the 
Tribal Council. Notice of the exercise must be delivered by 
hand to the Assistant Attorney General, Environment and Natural 
Resources Division, or to another official authorized to act on 
her behalf.
    (2) Exercise by the federal agencies of the option to 
withdraw will require a notice letter signed by the Assistant 
Attorney General, Environment and Natural Resources Division, 
or by another official authorized to act on her behalf. Notice 
of the exercise must be delivered by hand to the Governor of 
the Pueblo of Santo Domingo, or to another official authorized 
to act on his behalf.
SECTION 4. DEFINITIONS
    (a) ``Federally-administered lands'' means lands, waters, 
or interests therein, administered by federal agencies, except 
for that owned by or for the benefit of Indian tribes or 
individual Indians.
    (b) ``Land management agencies'' means the Bureau of Land 
Management and the Forest Service of the Department of 
Agriculture.
    (c) ``Parties'' means the Pueblo of Santo Domingo and the 
United States through the Departments of Justice, Agriculture, 
and the Interior.
    (d) ``Public lands'' shall have the same meaning as 
provided in section 103 of the Federal Land Policy and 
Management Act, 43 U.S.C. Sec. 1702(e).
    (e) ``Pueblo'' means the Pueblo of Santo Domingo.
    (f) ``Secretary'' means the Secretary of the Interior and 
his delegees, unless expressly stated otherwise.
    (g) ``Technical corrections'' means changes to this 
Settlement Agreement to correct typographical errors, mistakes 
in land descriptions, or other minor corrections that do not 
alter the bargain between the parties or the basic terms of the 
Agreement.
SECTION 5. MONETARY BENEFITS TO THE PUEBLO
    (a) After enactment of the ratifying legislation, and 
within 60 days after the dismissal with prejudice of the 
lawsuit styled Pueblo of Santo Domingo v. Rael, No. CIV-83-
1888, in the U.S. District Court for the District of New 
Mexico, the United States and the Pueblo will file a Motion for 
Entry of Stipulated Judgment, attached hereto as Appendix A, in 
Pueblo of Santo Domingo v. United States, Indian Claims 
Commission Docket No. 355 in the U.S. Court of Federal Claims, 
providing for an award to the Pueblo, in settlement of all of 
its remaining claims in Docket 355, of $8 million pursuant to 
Section 22 of the Act of August 13, 1946, 60 Stat. 1049, 1055, 
and the Act of October 8, 1976, 90 Stat. 1990. Funds necessary 
to pay that award will be disbursed pursuant to 31 U.S.C. 
Sec. 1304 after final judgment has been entered by the U.S. 
Court of Federal Claims.
    (b) The ratifying legislation shall authorize the 
establishment of a Pueblo of Santo Domingo Land Claims 
Settlement Fund to enable the Pueblo to acquire lands within 
the exterior boundaries of the exclusive aboriginal occupancy 
area of the Pueblo, as set out 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 
other tribal purposes in accordance with plans and budgets 
developed approved by the Tribal Council of the Pueblo and 
approved by the Secretary, except that no portion of these 
funds may be paid to members of the Pueblo on a per capita 
basis. The parties agree that the acquisition of lands with 
these funds shall be on a willing seller basis, and that 
ratifying legislation shall prohibit the exercise of any 
eminent domain authority for purposes of acquiring lands for 
the benefit of the Pueblo pursuant to this settlement. Funds 
deposited in the Settlement Fund pursuant to subsections (c) 
and (d) of this section shall be maintained and invested by the 
Secretary pursuant to 25 U.S.C. Sec. 162a. The ratifying 
legislation will provide that 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 these funds. If 
the Pueblo withdraws money from the Fund and uses it or 
deposits it in a private financial institution, except as 
provided in the withdrawal plan, neither the Secretary nor the 
Secretary of the Treasury shall retain any oversight over or 
liability for the accounting, disbursement, or investment of 
the funds.
    (c) The ratifying legislation shall authorize the 
appropriation of sums in the annual Department of the Interior 
and Related Agencies Appropriations Acts over the next three 
fiscal years, commencing with FY 2002, in the total amount of 
$15 million to be deposited into the Pueblo of Santo Domingo 
Land Claims Settlement Fund.
    (d) The funds appropriated pursuant to the judgment 
described in Section 5(a) shall be deposited into the Pueblo of 
Santo Domingo Land Claims Settlement Fund.
SECTION 6. TRANSFER OF PUBLIC LANDS TO THE PUEBLO
    On the date of the entry of the Stipulated Judgment in 
Pueblo of Santo Domingo v. United States, Indian Claims 
Commission Docket No. 355 in the Court of Federal Claims, as 
provided in Section 5(a), and in consideration for the 
aforesaid judgment and dismissal, certain public lands 
administered by the Bureau of Land Management, consisting of 
approximately 4,577.10 acres of land, and described in Appendix 
B to this Agreement, shall thereafter be held by the United 
States in trust for the benefit and use of the Pueblo, subject 
to valid third-party existing rights, including rights of 
access, and such rights-of-way for public and/or administrative 
access over conveyed lands as described in Appendix C to this 
Agreement.
SECTION 7. SALE OF NATIONAL FOREST SYSTEM LANDS TO THE PUEBLO
    (a) After enactment of the ratifying legislation and 
compliance with Section 5(a), the Pueblo shall, subject to 
Section 7(f), have the exclusive right to acquire the following 
three tracts of National Forest System lands:
          (1) The Canada de Cochiti tract, as described in 
        Appendix D to this Agreement;
          (2) The Majada Mesa tract, as described in Appendix E 
        to this Agreement;
          (3) The Canada de Santa Fe tract, as described in 
        Appendix F to this Agreement.
    (b)(1) Upon receipt of a Tribal Council resolution stating 
the Pueblo's intent to exercise its right to acquire all three 
tracts, the deposit by the Pueblo of the consideration 
specified in subsection (d) into an agreed-upon escrow, and the 
completion of a pre-acquisition environmental site assessment 
by the Bureau of Indian Affairs to determine if the lands are 
free of hazardous materials, the Secretary of Agriculture shall 
convey or cause to be conveyed to the Pueblo all rights, title 
and interests in and to those National Forest System lands.
    (2) For those National Forest lands having the status of 
acquired lands, the Forest Service shall convey to the Pueblo 
by quitclaim deed; for those National Forest lands which have 
public domain status the Secretary of the Interior, through the 
Bureau of Land Management, shall issue patents. Once the Pueblo 
has acquired title to these lands, they 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.
    (c) The lands to be conveyed to the Pueblo pursuant to this 
section shall be subject to:
          (1) any and all valid existing rights which may be 
        outstanding or reserved, and
          (2) reservations in the United States, including all 
        rights of administrative and public access, which 
        rights and reservations are described in Appendix G to 
        this Agreement.
    (d) At the time of closing on the sale of the National 
Forest lands to the Pueblo of Santo Domingo the Pueblo shall 
consent to the issuance by the Secretary of the Interior of an 
easement of perpetual access to the Pueblo of Jemez along what 
is now designated as Forest Road 140, and shall also consent to 
the issuance of perpetual easements to the State Highway and 
Transportation Department for state roads 16 and 22.
    (e) Consideration for the total of the conveyances 
authorized by this section shall be $3.7 million payable by the 
Pueblo from any source, including the Land Claims Settlement 
Fund created pursuant to Section 5(b), to the Secretary of 
Agriculture at closing. Funds so received by the Secretary of 
Agriculture shall be deposited in the fund established under 
the Act of December 4, 1967, known as the Sisk Act (16 U.S.C. 
Sec. 484a), and shall be available to purchase non-Federal 
lands within or adjacent to the National Forests in the State 
of New Mexico.
    (f) If, after two years from the date of the third and 
final appropriation of funds for the Land Claims Settlement 
Fund, or after ten years from the date this Agreement is 
ratified by an Act of Congress, whichever is earlier, the 
Pueblo has not exercised its exclusive right to acquire the 
National Forest System lands described herein by tendering the 
consideration pursuant to paragraph (b)(1) of this section, the 
exclusive right of the Pueblo to acquire the lands will expire 
and the Secretary of Agriculture may offer such lands for sale 
or exchange, in whole or part, to any other party.
SECTION 8. SEGREGATION OF FEDERAL LANDS
    (a) By notice published in the Federal Register on March 
29, 1999 (64 F.R. 14937-38), the public lands and National 
Forest lands described in Sections 6 and 7 of this Agreement 
were closed from surface entry and mining for up to two years.
    (b) The ratifying legislation will provide that these lands 
shall be further withdrawn, subject to valid existing rights, 
from any new public use or entry under any federal land laws, 
and shall not be identified for any disposition by or for any 
agency of the United States, other than the transfers to the 
Pueblo as set forth in Sections 6 and 7, and permits not to 
exceed one year, until such lands are conveyed to the Pueblo or 
treated as being held in trust for the benefit of the Pueblo, 
or until ten years from the date of the ratifying legislation, 
whichever occurs earlier. No mineral production or exploration 
or harvest of forest products shall be permitted on these lands 
pending their transfer to the Pueblo: Provided, that after 
consultation with the Pueblo, nothing herein shall preclude 
forest management practices on such lands, including the 
harvest of timber in the event of fire, disease or insect 
infestation.
    (c) Before permits not to exceed one year, as described in 
Paragraph (b) of the Section, for use of the public lands and 
National Forest lands described in Sections 6 and 7 may be 
granted or renewed, or otherwise created, enlarged or extended, 
the land management agencies shall consult with authorized 
representatives of the Pueblo. After the Pueblo has exercised 
its right to acquire the National Forest lands pursuant to 
Section 7(b)(1), and prior to the date of closing on the 
conveyance, no such grant or renewal may be made without the 
express written consent of the Tribal Council of the Pueblo.
SECTION 9. COMPROMISE, RESOLUTION AND EXTINGUISHMENT OF SANTO DOMINGO 
        CLAIMS
    (a) With respect to the Pueblo's claims against the United 
states, its agencies, officers, and instrumentalities, in 
consideration for the benefits of this Agreement and for other 
valuable consideration, the Pueblo agrees, subject to the 
provisions of subsection (b):
          (1) to the relinquishment and extinguishment of all 
        claims to land, whether based on aboriginal or 
        recognized title, and of 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 
        but not limited to any claims related to:
                  (A) any federally-administered lands, 
                including National Forest System lands 
                designated in this Agreement for possible sale 
                or exchange to the Pueblo, and
                  (B) any lands owned or held for the benefit 
                of any Indian tribe other than the Pueblo;
        and (2) to the compromise and settlement of all claims 
        which were, or could have been, brought in Docket No. 
        355, pending in the United States Court of Federal 
        Claims.
    (b)(1) Nothing in this Settlement Agreement, including 
subsections (a) and (c) of this section, is intended to or 
shall 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 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) of this subsection; 
nor shall anything in this Agreement 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.
    (2) The Pueblo agrees that the ratifying legislation shall 
confirm 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 as of the date of that 
Report.
    (c) In further consideration for the benefits of this 
Agreement, and other valuable consideration, the Pueblo agrees, 
subject to the provisions of subsection (b), with respect to 
claims against persons, the State of New Mexico and its 
subdivisions, and Indian tribes other than the Pueblo, to the 
relinquishment and extinguishment of all claims to land, 
whether based on aboriginal or recognized title, and of 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.
    (d) The Pueblo further agrees to the extinguishment of 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.
    (e) The ratifying legislation shall contain the following 
provision:

        Any transfer of land or natural resources, prior to the 
        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 Trade and Intercourse 
        Act of June 30, 1834 (R.S. Sec. 2116, ch. 161, Sec. 12, 
        4 Stat. 729, 730), Section 17 of the Pueblo Lands Act 
        of June 7, 1924 (ch. 331, 43 Stat. 636), 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: Provided, however, That 
        nothing in this section 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.

    (f) The provisions of subsections (a), (b)(2), (c), (d), 
and (e) of this section shall not become effective or binding 
upon the Pueblo until (1) the approval of this Settlement 
Agreement by an Act of Congress; (2) the dismissal with 
prejudice of the lawsuit styled Pueblo of Santo Domingo v. 
Rael, No. CIV-83-1888, in the U.S. District Court for the 
District of New Mexico; and (3) the entry of final judgment in 
Pueblo of Santo Domingo v. United States, Indian Claims 
Commission Docket No. 355 in the U.S. Court of Federal Claims; 
and those provisions shall only apply to claims which exist on 
the date of this Agreement.
    (g)(1) In addition to foregoing provisions of this section, 
in order to address the boundary overlaps and title conflicts 
between the Pueblo of Santo Domingo and the Pueblo de Cochiti, 
the parties agree that the provisions of Resolution 97-010 of 
the Tribal Council of the Pueblo de Cochiti, dated August 18, 
1997, and Resolution No. C-22-99, dated November 23, 1999, 
shall be approved by the ratifying legislation.
    (2) The ratifying legislation shall also provide, in 
accordance with Resolution No. C-22-99 of the Tribal Council of 
the Pueblo de Cochiti, that the Pueblo de Cochiti has agreed to 
the relinquishment of its claim to that portion of the 
southwest corner of its Spanish land grant which overlaps the 
northern boundary of the Santo Domingo Pueblo Grant (consisting 
of approximately 148 acres of land), in consideration for the 
Pueblo of Santo Domingo's agreement to the extinguishment of 
its claims, and has also agreed to disclaim any right to 
receive any compensation from the United States or any other 
party for said overlapping land.
SECTION 10. JURISDICTION AND LAND STATUS
    (a) Any lands owned by or on behalf of the Pueblo within 
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, on the date 
specified in Section 9(f), or hereinafter acquired by the 
Pueblo within the Grant in fee simple absolute, shall be 
considered ``Indian country'' within the meaning of Section 
1151 of Title 18 of the United States Code, subject to valid 
existing rights and any future exercise of Congressional power. 
Nothing herein is intended to 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 9.
    (b) The ratifying legislation shall also provide that any 
lands or interests in lands not owned or acquired in fee simple 
absolute at any time by the Pueblo within the Santo Domingo 
Pueblo Grant shall not be treated as ``Indian country''.
    (c) The ratifying legislation shall provide that any lands 
acquired by the Pueblo pursuant to this settlement or with 
funds paid to the Pueblo in accordancae with the terms of 
Section 5 of this Agreement shall be subject to the provisions 
of Section 17 of the Pueblo Lands Act of 1924.
SECTION 11. ANTI-DEFICIENCY ACT
    Any requirement for payment of obligation of funds by the 
United States shall be subject to the availability of 
appropriated funds. No provision of this Settlement Agreement 
shall be interpreted to require obligation or payment of funds 
in violation of the Anti-Deficiency Act, 31 U.S.C. 
Sec. Sec. 1341, 1342, and 1511-1519.

The undersigned approve and enter into this Settlement 
Agreement between the United States (as represented by the 
Departments of the Interior, Agriculture, and Justice) and the 
Pueblo of Santo Domingo (as represented by the Governor) to 
resolve the Pueblo of Santo Domingo's land title and trespass 
claims:

Pueblo of Santo Domingo
        Tony Tortalita,
        Governor.

United States Department of the Interior
        David J. Hayes,
        Deputy Secretary.

United States Department of Agriculture
        Charles R. Rawls,
        General Counsel.

United States Department of Justice
        Lois J. Schiffer,
        Assistant Attorney General,
        Environment and Natural Resources Division.

                                  
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