109TH CONGRESS

2D SESSION S. 1773

AN ACT

To resolve certain Native American claims in New Mexico,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pueblo de San

5 Ildefonso Claims Settlement Act of 2005’’.
 †

2

S 1773 ES

1 SEC. 2. DEFINITIONS AND PURPOSES.

2 (a) DEFINITIONS.—In this Act:

3 (1) ADMINISTRATIVE ACCESS.—The term ‘‘ad4 ministrative access’’ means the unrestricted use of

5 land and interests in land for ingress and egress by

6 an agency of the United States (including a per7 mittee, contractor, agent, or assignee of the United

8 States) in order to carry out an activity authorized

9 by law or regulation, or otherwise in furtherance of

10 the management of federally-owned land and re11 sources.

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

13 incorporated county of Los Alamos, New Mexico.

14 (3) LOS ALAMOS AGREEMENT.—The term ‘‘Los

15 Alamos Agreement’’ means the agreement among

16 the County, the Pueblo, the Department of Agri17 culture Forest Service, and the Bureau of Indian Af18 fairs dated January 22, 2004.

19 (4) LOS ALAMOS TOWNSITE LAND.—‘‘Los Ala20 mos Townsite Land’’ means the land identified as

21 Attachment B (dated December 12, 2003) to the

22 Los Alamos Agreement.

23 (5) NORTHERN TIER LAND.—‘‘Northern Tier

24 Land’’ means the land comprising approximately

25 739.71 acres and identified as ‘‘Northern Tier
†

3

S 1773 ES

1 Lands’’ in Appendix B (dated August 3, 2004) to

2 the Settlement Agreement.

3 (6) PENDING LITIGATION.—The term ‘‘Pending

4 Litigation’’ means the case styled Pueblo of San

5 Ildefonso v. United States, Docket Number 354,

6 originally filed with the Indian Claims Commission

7 and pending in the United States Court of Federal

8 Claims on the date of enactment of this Act.

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

10 Pueblo de San Ildefonso, a federally recognized In11 dian tribe (also known as the ‘‘Pueblo of San

12 Ildefonso’’).

13 (8) SETTLEMENT AGREEMENT.—The term

14 ‘‘Settlement Agreement’’ means the agreement enti15 tled ‘‘Settlement Agreement between the United

16 States and the Pueblo de San Ildefonso to Resolve

17 All of the Pueblo’s Land Title and Trespass Claims’’

18 and dated June 7, 2005.

19 (9) SETTLEMENT AREA LAND.—The term ‘‘Set20 tlement Area Land’’ means the National Forest Sys21 tem land located within the Santa Fe National For22 est, as described in Appendix B to the Settlement

23 Agreement, that is available for purchase by the

24 Pueblo under section 9(a) of the Settlement Agree25 ment.
†

4

S 1773 ES

1 (10) SETTLEMENT FUND.—The term ‘‘Settle2 ment Fund’’ means the Pueblo de San Ildefonso

3 Land Claims Settlement Fund established by section

4 6.

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

6 Public Law 90–171 (commonly known as the ‘‘Sisk

7 Act’’) (16 U.S.C. 484a).

8 (12) WATER SYSTEM LAND.—The term ‘‘Water

9 System Land’’ means the federally-owned land lo10 cated within the Santa Fe National Forest to be

11 conveyed to the County under the Los Alamos

12 Agreement.

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

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

15 and 5, of all rights, claims, or demands that the

16 Pueblo has asserted or could have asserted against

17 the United States with respect to any and all claims

18 in the Pending Litigation;

19 (2) to extinguish claims based on aboriginal

20 title, Indian title, or recognized title, or any other

21 title claims under section 5;

22 (3) to authorize the Pueblo to acquire the Set23 tlement Area Land, and to authorize the Secretary

24 of Agriculture to convey the Water System Land,

25 the Northern Tier Land, and the Los Alamos Town-
†

5

S 1773 ES

1 site Land for market value consideration, and for

2 such consideration to be paid to the Secretary of Ag3 riculture for the acquisition of replacement National

4 Forest land elsewhere in New Mexico;

5 (4) to provide that the Settlement Area Land

6 acquired by the Pueblo shall be held by the Sec7 retary of the Interior in trust for the benefit of the

8 Pueblo;

9 (5) to facilitate government-to-government rela10 tions between the United States and the Pueblo re11 garding cooperation in the management of certain

12 land administered by the National Park Service and

13 the Bureau of Land Management as described in

14 sections 7 and 8 of the Settlement Agreement;

15 (6) to ratify the Settlement Agreement; and,

16 (7) to ratify the Los Alamos Agreement.

17 SEC. 3. RATIFICATION OF AGREEMENTS.

18 (a) RATIFICATION.—The Settlement Agreement and

19 Los Alamos Agreement are ratified under Federal law,

20 and the parties to those agreements are authorized to

21 carry out the provisions of the agreements.

22 (b) CORRECTIONS AND MODIFICATIONS.—The re23 spective parties to the Settlement Agreement and the Los

24 Alamos Agreement are authorized, by mutual agreement,
†

6

S 1773 ES

1 to correct errors in any legal description or maps, and to

2 make minor modifications to those agreements.

3 SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.

4 (a) DISMISSAL.—Not later than 90 days after the

5 date of enactment of this Act, the United States and the

6 Pueblo shall execute and file with the United States Court

7 of Federal Claims in the Pending Litigation a motion for

8 entry of final judgment in accordance with section 5 of

9 the Settlement Agreement.

10 (b) COMPENSATION.—Upon entry of the final judg11 ment under subsection (a), $6,900,000 shall be paid into

12 the Settlement Fund as compensation to the Pueblo in ac13 cordance with section 1304 of title 31, United States

14 Code.

15 SEC. 5. RESOLUTION OF CLAIMS.

16 (a) EXTINGUISHMENTS.—Except as provided in sub17 section (b), in consideration of the benefits of the Settle18 ment Agreement, and in recognition of the agreement of

19 the Pueblo to the Settlement Agreement, all claims of the

20 Pueblo against the United States (including any claim

21 against an agency, officer, or instrumentality of the

22 United States) are relinquished and extinguished,

23 including—

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

25 Indian title, or recognized title;
†

7

S 1773 ES

1 (2) any claim for damages or other judicial re2 lief or for administrative remedies that were

3 brought, or that were knowable and could have been

4 brought, on or before the date of the Settlement

5 Agreement;

6 (3) any claim relating to—

7 (A) any federally-administered land, in8 cluding National Park System land, National

9 Forest System land, Public land administered

10 by the Bureau of Land Management, the Set11 tlement Area Land, the Water System Land,

12 the Northern Tier Land, and the Los Alamos

13 Townsite Land; and

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

15 benefit of, any Indian tribe other than the

16 Pueblo; and

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

18 asserted in the Pending Litigation.

19 (b) EXCEPTIONS.—Nothing in this Act or the Settle20 ment Agreement shall in any way extinguish or otherwise

21 impair—

22 (1) the title of record of the Pueblo to land held

23 by or for the benefit of the Pueblo, as identified in

24 Appendix D to the Settlement Agreement, on or be25 fore the date of enactment of this Act; and,
†

8

S 1773 ES

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

2 Ildefonso Grant, including, as identified in Appendix

3 D to the Settlement Agreement—

4 (A) the title found by the United States

5 District Court for the District of New Mexico

6 in the case styled United States v. Apodoca

7 (Number 2031, equity: December 5, 1930) not

8 to have been extinguished; and

9 (B) title to any land that has been reac10 quired by the Pueblo pursuant to the Act enti11 tled ‘‘An Act to quiet the title to lands within

12 Pueblo Indian land grants, and for other pur13 poses’’, approved June 7, 1924 (43 Stat. 636,

14 chapter 331);

15 (3) the water rights of the Pueblo appurtenant

16 to the land described in paragraphs (1) and (2); and

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

18 Pueblo under Federal law relating to religious or

19 cultural access to, and use of, Federal land.

20 (c) PREVIOUS EXTINGUISHMENTS UNIMPAIRED.—

21 Nothing in this Act affects any prior extinguishments of

22 rights or claims of the Pueblo which may have occurred

23 by operation of law.

24 (d) BOUNDARIES AND TITLE UNAFFECTED.—
†

9

S 1773 ES

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

2 the location of the boundaries of the Pueblo de San

3 Ildefonso Grant.

4 (2) RIGHTS, TITLE, AND INTEREST.—Nothing

5 in this Act affects, ratifies, or confirms the right,

6 title, or interest of the Pueblo in the land held by,

7 or for the benefit of, the Pueblo, including the land

8 described in Appendix D of the Settlement Agree9 ment.

10 SEC. 6. SETTLEMENT FUND.

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

12 Treasury a fund to be known as the ‘‘Pueblo de San

13 Ildefonso Land Claims Settlement Fund’’.

14 (b) CONDITIONS.—Monies deposited in the Settle15 ment Fund shall be subject to the following conditions:

16 (1) MAINTENANCE AND INVESTMENT.—The

17 Settlement Fund shall be maintained and invested

18 by the Secretary of the Interior pursuant to the Act

19 of June 24, 1938 (25 U.S.C. 162a).

20 (2) USE OF FUNDS.—Subject to paragraph (3),

21 monies deposited into the Settlement Fund shall be

22 expended by the Pueblo—

23 (A) to acquire the federally administered

24 Settlement Area Land;
†

10

S 1773 ES

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

2 System Land, as provided in the Los Alamos

3 Agreement; and

4 (C) at the option of the Pueblo, to acquire

5 other land.

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

7 withdraws monies from the Settlement Fund, nei8 ther the Secretary of the Interior nor the Secretary

9 of the Treasury shall retain any oversight over, or

10 liability for, the accounting, disbursement, or invest11 ment of the withdrawn funds.

12 (4) PER CAPITA DISTRIBUTION.—No portion of

13 the funds in the Settlement Fund may be paid to

14 Pueblo members on a per capita basis.

15 (5) ACQUISITION OF LAND.—The acquisition of

16 land with funds from the Settlement Fund shall be

17 on a willing-seller, willing-buyer basis, and no emi18 nent domain authority may be exercised for purposes

19 of acquiring land for the benefit of the Pueblo under

20 this Act.

21 (6) EFFECT OF OTHER LAWS.—The Act of Oc22 tober 19, 1973 (Public Law 93–134; 87 Stat. 466)

23 and section 203 of the American Indian Trust Fund

24 Management Reform Act of 1994 (25 U.S.C. 4023)

25 shall not apply to the Settlement Fund.
†

11

S 1773 ES

1 SEC. 7. LAND OWNERSHIP ADJUSTMENTS.

2 (a) AUTHORIZATION.—

3 (1) IN GENERAL.—The Secretary of Agriculture

4 may sell the Settlement Area Land, Water System

5 Land, and Los Alamos Townsite Land, on such

6 terms and conditions as are agreed upon and de7 scribed in the Settlement Agreement and the Los Al8 amos Agreement, including reservations for adminis9 trative access and other access as shown on Appen10 dix B of the Settlement Agreement.

11 (2) EFFECT OF CLAIMS AND CAUSE OF AC12 TION.—Consideration for any land authorized for

13 sale by the Secretary of Agriculture shall not be off14 set or reduced by any claim or cause of action by

15 any party to whom the land is conveyed.

16 (b) CONSIDERATION.—The consideration to be paid

17 for the Federal land authorized for sale in subsection (a)

18 shall be—

19 (1) for the Settlement Area Land and Water

20 System Land, the consideration agreed upon in the

21 Settlement Agreement; and

22 (2) for the Los Alamos Townsite Land, the cur23 rent market value based on an appraisal approved

24 by the Forest Service as being in conformity with

25 the latest edition of the Uniform Appraisal Stand26 ards for Federal Land Acquisitions.
†

12

S 1773 ES

1 (c) DISPOSITION OF RECEIPTS.—

2 (1) IN GENERAL.—All monies received by the

3 Secretary of Agriculture from the sale of National

4 Forest System land as authorized by this Act, in5 cluding receipts from the Northern Tier Land, shall

6 be deposited into the fund established in the Treas7 ury of the United States pursuant to the Sisk Act

8 and shall be available, without further appropriation,

9 authorization, or administrative apportionment for

10 the purchase of land by the Secretary of Agriculture

11 for National Forest System purposes in the State of

12 New Mexico, and for associated administrative costs.

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

14 Act fund pursuant to this Act shall not be subject

15 to transfer or reprogramming for wildlands fire

16 management or any other emergency purposes, or

17 used to reimburse any other account.

18 (3) ACQUISITIONS OF LAND.—In expending

19 funds to exercise its rights under the Settlement

20 Agreement and the Los Alamos Agreement with re21 spect to the acquisition of the Settlement Area

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

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

24 exercises an option to purchase the Northern Tier

25 Land as provided in section 12(b)(2)(A), the Pueblo
†

13

S 1773 ES

1 shall use only funds in the Settlement Fund and

2 shall not augment those funds from any other

3 source.

4 (d) VALID EXISTING RIGHTS AND RESERVATIONS.—

5 (1) IN GENERAL.—The Settlement Area Land

6 acquired by the Pueblo shall be subject to all valid

7 existing rights on the date of enactment of this Act,

8 including rights of administrative access.

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

10 conveyed by the United States.

11 (3) SPECIAL USE AUTHORIZATION.—

12 (A) IN GENERAL.—Nothing in this Act

13 shall affect the validity of any special use au14 thorization issued by the Forest Service within

15 the Settlement Area Land, except that such au16 thorizations shall not be renewed upon expira17 tion.

18 (B) REASONABLE ACCESS.—For access to

19 valid occupancies within the Settlement Area

20 Land, the Pueblo and the Secretary of the Inte21 rior shall afford rights of reasonable access

22 commensurate with that provided by the Sec23 retary of Agriculture on or before the date of

24 enactment of this Act.
†

14

S 1773 ES

1 (4) WATER SYSTEM LAND AND LOS ALAMOS

2 TOWNSITE LAND.—The Water System Land and

3 Los Alamos Townsite Land acquired by the County

4 shall be subject to—

5 (A) all valid existing rights; and

6 (B) the rights reserved by the United

7 States under the Los Alamos Agreement.

8 (5) PRIVATE LANDOWNERS.—

9 (A) IN GENERAL.—Upon acquisition by

10 the Pueblo of the Settlement Area Land, the

11 Secretary of the Interior, acting on behalf of

12 the Pueblo and the United States, shall execute

13 easements in accordance with any right re14 served by the United States for the benefit of

15 private landowners owning property that re16 quires the use of Forest Development Road 416

17 (as in existence on the date of enactment of this

18 Act) and other roads that may be necessary to

19 provide legal access into the property of the

20 landowners, as the property is used on the date

21 of this Act.

22 (B) MAINTENANCE OF ROADS.—Neither

23 the Pueblo nor the United States shall be re24 quired to maintain roads for the benefit of pri25 vate landowners.
†

15

S 1773 ES

1 (C) EASEMENTS.—Easements shall be

2 granted, without consideration, to private land3 owners only upon application of such land4 owners to the Secretary.

5 (e) FOREST DEVELOPMENT ROADS.—

6 (1) UNITED STATES RIGHT TO USE.—Subject

7 to any right-of-way to use, cross, and recross a road,

8 the United States shall reserve and have free and

9 unrestricted rights to use, operate, maintain, and re10 construct (at the same level of development, as in

11 existence on the date of the Settlement Agreement),

12 those sections of Forest Development Roads 57,

13 442, 416, 416v, 445 and 445ca referenced in Appen14 dix B of the Settlement Agreement for any and all

15 public and administrative access and other Federal

16 governmental purposes, including access by Federal

17 employees, their agents, contractors, and assigns (in18 cluding those holding Forest Service permits).

19 (2) CERTAIN ROADS.—Notwithstanding para20 graph (1), the United States—

21 (A) may improve Forest Development

22 Road 416v beyond the existing condition of that

23 road to a high clearance standard road (level

24 2); and
†

16

S 1773 ES

1 (B) shall have unrestricted administrative

2 access and non-motorized public trail access to

3 the portion of Forest Development Road 442

4 depicted in Appendix B to the Settlement

5 Agreement.

6 (f) PRIVATE MINING OPERATIONS.—

7 (1) COPAR PUMICE MINE.—The United States

8 and the Pueblo shall allow the COPAR Pumice Mine

9 to continue to operate as provided in the Contract

10 For The Sale Of Mineral Materials dated May 4,

11 1994, and for COPAR to use portions of Forest De12 velopment Roads 57, 442, 416, and other designated

13 roads within the area described in the contract, for

14 the period of the contract and thereafter for a period

15 necessary to reclaim the site.

16 (2) CONTINUING JURISDICTION.—

17 (A) ADMINISTRATION.—Continuing juris18 diction of the United States over the contract

19 for the sale of mineral materials shall be admin20 istered by the Secretary of the Interior.

21 (B) EXPIRATION OF CONTRACT.—Upon ex22 piration of the contract described in subpara23 graph (A), jurisdiction over reclamation shall be

24 assumed by the Secretary of the Interior.
†

17

S 1773 ES

1 (3) EFFECT ON EXISTING RIGHTS.—Nothing in

2 this Act limits or enhances the rights of COPAR

3 under the Contract For The Sale Of Mineral Mate4 rials dated May 4, 1994.

5 SEC. 8. CONVEYANCES.

6 (a) AUTHORIZATION.—

7 (1) CONSIDERATION FROM PUEBLO.—Upon re8 ceipt of the consideration from the Pueblo for the

9 Settlement Area Land and the Water System Land,

10 the Secretary of Agriculture shall execute and

11 deliver—

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

13 Settlement Area Land; and

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

15 Water System Land, reserving—

16 (i) a contingent remainder in the

17 United States in trust for the benefit of

18 the Pueblo in accordance with the Los Ala19 mos Agreement; and

20 (ii) a right of access for the United

21 States for the Pueblo for ceremonial and

22 other cultural purposes.

23 (2) CONSIDERATION FROM COUNTY.—Upon re24 ceipt of the consideration from the County for all or

25 a portion of the Los Alamos Townsite Land, the
†

18

S 1773 ES

1 Secretary of Agriculture shall execute and deliver to

2 the County a quitclaim deed to all or portions of

3 such land, as appropriate.

4 (3) EXECUTION.—An easement or deed of con5 veyance by the Secretary of Agriculture under this

6 Act shall be executed by the Director of Lands and

7 Minerals, Forest Service, Southwestern Region, De8 partment of Agriculture.

9 (b) AUTHORIZATION FOR PUEBLO TO CONVEY IN

10 TRUST.—Upon receipt by the Pueblo of the quitclaim deed

11 to the Settlement Land under subsection (a)(1), the Pueb12 lo may quitclaim the Settlement Land to the United

13 States, in trust for the Pueblo.

14 (c) ADEQUACY OF CONVEYANCE INSTRUMENTS.—

15 Notwithstanding the status of the Federal land as public

16 domain or acquired land, no instrument of conveyance

17 other than a quitclaim deed shall be required to convey

18 the Settlement Area Land, the Water System Land, the

19 Northern Tier Land, or the Los Alamos Townsite Land

20 under this Act.

21 (d) SURVEYS.—The Secretary of Agriculture is au22 thorized to perform and approve any required cadastral

23 survey.

24 (e) CONTRIBUTIONS.—Notwithstanding section 3302

25 of title 31, United States Code, or any other provision of
†

19

S 1773 ES

1 law, the Secretary of Agriculture may accept and use con2 tributions of cash or services from the Pueblo, other gov3 ernmental entities, or other persons—

4 (1) to perform and complete required cadastral

5 surveys for the Settlement Area Land, the Water

6 System Land, the Northern Tier Land, or the Los

7 Alamos Townsite Land, as described in the Settle8 ment Agreement or the Los Alamos Agreement; and

9 (2) to carry out any other project or activity

10 under—

11 (A) this Act;

12 (B) the Settlement Agreement; or

13 (C) the Los Alamos Agreement.

14 SEC. 9. TRUST STATUS AND NATIONAL FOREST BOUND15 ARIES.

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

17 administrative action by the Secretary of Agriculture or

18 the Secretary of the Interior—

19 (1) on recording the quitclaim deed or deeds

20 from the Pueblo to the United States in trust for

21 the Pueblo under section 8(b) in the Land Titles

22 and Records Office, Southwest Region, Bureau of

23 Indian Affairs—
†

20

S 1773 ES

1 (A) the Settlement Area Land shall be

2 held in trust by the United States for the ben3 efit of the Pueblo; and

4 (B) the boundaries of the Santa Fe Na5 tional Forest shall be deemed to be modified to

6 exclude from the National Forest System the

7 Settlement Area Land; and

8 (2) on recording the quitclaim deed or deeds

9 from the Secretary of Agriculture to the County of

10 the Water System Land in the county land records,

11 the boundaries of the Santa Fe National Forest

12 shall be deemed to be modified to exclude from the

13 National Forest System the Water System Land.

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

15 System Land vests in the Pueblo by conveyance or oper16 ation of law, the Water System Land shall be deemed to

17 be held in trust by the United States for the benefit of

18 the Pueblo, without further administrative procedures or

19 environmental or other analyses.

20 (c) NONINTERCOURSE ACT.—Any land conveyed to

21 the Secretary of the Interior in trust for the Pueblo or

22 any other tribe in accordance with this Act shall be—

23 (1) subject to the Act of June 30, 1834 (25

24 U.S.C. 177); and

25 (2) treated as reservation land.
†

21

S 1773 ES

1 SEC. 10. INTERIM MANAGEMENT.

2 Subject to valid existing rights, prior to the convey3 ance under section 9, the Secretary of Agriculture, with

4 respect to the Settlement Area Land, the Water System

5 Land, the Northern Tier Land, and the Los Alamos

6 Townsite Land—

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

8 sale, exchange, or special use authorization, in such

9 a manner as to substantially reduce the market

10 value of the land;

11 (2) shall take any action that the Secretary de12 termines to be necessary or desirable—

13 (A) to protect the land from fire, disease,

14 or insect infestation; or

15 (B) to protect lives or property; and

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

17 County, as appropriate, authorize a special use of

18 the Settlement Area Land, not to exceed 1 year in

19 duration.

20 SEC. 11. WITHDRAWAL.

21 Subject to valid existing rights, the land referenced

22 in the notices of withdrawal of land in New Mexico (67

23 Fed. Reg. 7193; 68 Fed. Reg. 75628) is withdrawn from

24 all location, entry, and patent under the public land laws

25 and mining and mineral leasing laws of the United States,

26 including geothermal leasing laws.
†

22

S 1773 ES

1 SEC. 12. CONVEYANCE OF THE NORTHERN TIER LAND.

2 (a) CONVEYANCE AUTHORIZATION.—

3 (1) IN GENERAL.—Subject to valid existing

4 rights, including reservations in the United States

5 and any right under this section, the Secretary of

6 Agriculture shall sell the Northern Tier Land on

7 such terms and conditions as the Secretary may pre8 scribe as being in the public interest and in accord9 ance with this section.

10 (2) EFFECT OF PARAGRAPH.—The authoriza11 tion under paragraph (1) is solely for the purpose of

12 consolidating Federal and non-Federal land to in13 crease management efficiency and is not in settle14 ment or compromise of any claim of title by any

15 Pueblo, Indian tribe, or other entity.

16 (b) RIGHTS OF REFUSAL.—

17 (1) PUEBLO OF SANTA CLARA.—

18 (A) IN GENERAL.—In consideration for an

19 easement under subsection (e)(2), the Pueblo of

20 Santa Clara shall have an exclusive option to

21 purchase the Northern Tier Land for the period

22 beginning on the date of enactment of this Act

23 and ending 90 days thereafter.

24 (B) RESOLUTION.—Within the period pre25 scribed in subparagraph (A), the Pueblo of

26 Santa Clara may exercise its option to acquire
†

23

S 1773 ES

1 the Northern Tier Land by delivering to the

2 Regional Director of Lands and Minerals, For3 est Service, Southwestern Region, Department

4 of Agriculture, a resolution of the Santa Clara

5 Tribal Council expressing the unqualified intent

6 of the Pueblo of Santa Clara to purchase the

7 land at the offered price.

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

9 Santa Clara does not exercise its option to pur10 chase the Northern Tier Land within the 90-

11 day period under subparagraph (A), or fails to

12 close on the purchase of such land within 1

13 year of the date on which the option to pur14 chase was exercised, the Secretary of Agri15 culture shall offer the Northern Tier Land for

16 sale to the Pueblo.

17 (2) OFFER TO PUEBLO.—

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

19 after receiving a written offer from the Sec20 retary of Agriculture under paragraph (1)(C),

21 the Pueblo may exercise its option to acquire

22 the Northern Tier Land by delivering to the

23 Regional Director of Lands and Minerals, For24 est Service, Southwestern Region, a resolution

25 of the Pueblo Tribal Council expressing the un-
†

24

S 1773 ES

1 qualified intent of the Pueblo to purchase the

2 land at the offered price.

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

4 Pueblo fails to exercise its option to purchase

5 the Northern Tier Land within 90 days after

6 receiving an offer from the Secretary of Agri7 culture, or fails to close on the purchase of such

8 land within 1 year of the date on which the op9 tion to purchase was exercised under subpara10 graph (A), the Secretary of Agriculture may sell

11 or exchange the land to any third party in such

12 manner and on such terms and conditions as

13 the Secretary determines to be in the public in14 terest, including by a competitive process.

15 (3) EXTENSION OF TIME PERIOD.—The Sec16 retary of Agriculture may extend the time period for

17 closing beyond the 1 year prescribed in subsection

18 (b), if the Secretary determines that additional time

19 is required to meet the administrative processing re20 quirements of the Federal Government, or for other

21 reasons beyond the control of either party.

22 (c) TERMS AND CONDITIONS OF SALE.—

23 (1) PURCHASE PRICE.—Subject to valid exist24 ing rights and reservations, the purchase price for

25 the Northern Tier Land sold to the Pueblo of Santa
†

25

S 1773 ES

1 Clara or the Pueblo under subsection (b) shall be

2 the consideration agreed to by the Pueblo of Santa

3 Clara pursuant to that certain Pueblo of Santa

4 Clara Tribal Council Resolution No. 05–01 ‘‘Approv5 ing Proposed San Ildefonso Claims Settlement Act

6 of 2005, and Terms for Purchase of Northern Tier

7 Lands’’ that was signed by Governor J. Bruce

8 Tafoya in January 2005.

9 (2) RESERVED RIGHTS.—On the Northern Tier

10 Land, the United States shall reserve the right to

11 operate, maintain, reconstruct (at standards in exist12 ence on the date of the Settlement Agreement), re13 place, and use the stream gauge, and to have unre14 stricted administrative access over the associated

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

16 the Settlement Agreement).

17 (3) CONVEYANCE BY QUITCLAIM DEED.—The

18 conveyance of the Northern Tier Land shall be by

19 quitclaim deed executed on behalf of the United

20 States by the Director of Lands and Minerals, For21 est Service, Southwestern Region, Department of

22 Agriculture.

23 (d) TRUST STATUS AND FOREST BOUNDARIES.—

24 (1) ACQUISITION OF LAND BY INDIAN TRIBE.—

25 If the Northern Tier Land is acquired by an Indian
†

26

S 1773 ES

1 tribe (including a Pueblo tribe), the land may be re2 conveyed by quitclaim deed or deeds back to the

3 United States to be held in trust by the Secretary

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

5 Secretary of the Interior shall accept the conveyance

6 without any additional administrative action by the

7 Secretary of Agriculture or the Secretary of the In8 terior.

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

10 quitclaim deed described in paragraph (1) in the

11 Land Titles and Records Office, Southwest Region,

12 Bureau of Indian Affairs, the Northern Tier Land

13 shall be deemed to be held in trust by the United

14 States for the benefit of the Indian tribe.

15 (3) BOUNDARIES OF SANTA FE NATIONAL FOR16 EST.—Effective on the date of a deed described in

17 paragraph (1), the boundaries of the Santa Fe Na18 tional Forest shall be deemed modified to exclude

19 from the National Forest System the land conveyed

20 by the deed.

21 (e) INHOLDER AND ADMINISTRATIVE ACCESS.—

22 (1) FAILURE OF PUEBLO OF SANTA CLARA TO

23 ACT.—

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

25 Clara does not exercise its option to acquire the
†

27

S 1773 ES

1 Northern Tier Land, the Secretary of Agri2 culture or the Secretary of the Interior, as ap3 propriate, shall by deed reservations or grants

4 on land under their respective jurisdiction pro5 vide for inholder and public access across the

6 Northern Tier Land in order to provide reason7 able ingress and egress to private and Federal

8 land as shown in Appendix B of the Settlement

9 Agreement.

10 (B) ADMINISTRATION OF RESERVA11 TIONS.—The Secretary of the Interior shall ad12 minister any such reservations on land acquired

13 by any Indian tribe.

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

15 Santa Clara exercises its option to acquire all of the

16 Northern Tier Land, the following shall apply:

17 (A) EASEMENTS TO UNITED STATES.—

18 (i) DEFINITION OF ADMINISTRATIVE

19 ACCESS.—In this subparagraph, the term

20 ‘‘administrative access’’ means access to

21 Federal land by Federal employees acting

22 in the course of their official capacities in

23 carrying out activities on Federal land au24 thorized by law or regulation, and by

25 agents and contractors of Federal agencies
†

28

S 1773 ES

1 who have been engaged to perform services

2 necessary or desirable for fire management

3 and the health of forest resources, includ4 ing the cutting and removal of vegetation,

5 and for the health and safety of persons on

6 the Federal land.

7 (ii) EASEMENTS.—

8 (I) IN GENERAL.—The Pueblo of

9 Santa Clara shall grant and convey at

10 closing perpetual easements over the

11 existing roads to the United States

12 that are acceptable to the Secretary of

13 Agriculture for administrative access

14 over the Santa Clara Reservation

15 Highway 601 (the Puye Road), from

16 its intersection with New Mexico State

17 Highway 30, westerly to its intersec18 tion with the Sawyer Canyon Road

19 (also known as Forest Development

20 Road 445), thence southwesterly on

21 the Sawyer Canyon Road to the point

22 at which it exits the Santa Clara Res23 ervation.

24 (II) MAINTENANCE OF ROAD25 WAY.—An easement under this sub-
†

29

S 1773 ES

1 paragraph shall provide that the

2 United States shall be obligated to

3 contribute to maintenance of the road4 way commensurate with actual use.

5 (B) EASEMENTS TO PRIVATE LAND6 OWNERS.—Not later than 180 days after the

7 date of enactment of this Act, the Pueblo of

8 Santa Clara, in consultation with private land9 owners, shall grant and convey a perpetual

10 easement to the private owners of land within

11 the Northern Tier Land for private access over

12 Santa Clara Reservation Highway 601 (Puye

13 Road) across the Santa Clara Indian Reserva14 tion from its intersection with New Mexico

15 State Highway 30, or other designated public

16 road, on Forest Development Roads 416, 445

17 and other roads that may be necessary to pro18 vide access to each individually owned private

19 tract.

20 (3) APPROVAL.—The Secretary of the Interior

21 shall approve the conveyance of an easement under

22 paragraph (2) upon receipt of written approval of

23 the terms of the easement by the Secretary of Agri24 culture.
†

30

S 1773 ES

1 (4) ADEQUATE ACCESS PROVIDED BY PUEBLO

2 OF SANTA CLARA.—If adequate administrative and

3 inholder access is provided over the Santa Clara In4 dian Reservation under paragraph (2), the Secretary

5 of the Interior—

6 (A) shall vacate the inholder access over

7 that portion of Forest Development Road 416

8 referenced in section 7(e)(5); but

9 (B) shall not vacate the reservations over

10 the Northern Tier Land for administrative ac11 cess under subsection (c)(2).

12 SEC. 13. INTER–PUEBLO COOPERATION.

13 (a) DEMARCATION OF BOUNDARY.—The Pueblo of

14 Santa Clara and the Pueblo may, by agreement, demar15 cate a boundary between their respective tribal land within

16 Township 20 North, Range 7 East, in Rio Arriba County,

17 New Mexico, and may exchange or otherwise convey land

18 between them in that township.

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

20 accordance with any agreement under subsection (a), the

21 Secretary of the Interior shall, without further administra22 tive procedures or environmental or other analyses—

23 (1) recognize a boundary between the Pueblo of

24 Santa Clara and the Pueblo;

25 (2) provide for a boundary survey;
†

31

S 1773 ES

1 (3) approve land exchanges and conveyances as

2 agreed upon by the Pueblo of Santa Clara and the

3 Pueblo; and

4 (4) accept conveyances of exchanged lands into

5 trust for the benefit of the grantee tribe.

6 SEC. 14. DISTRIBUTION OF FUNDS PLAN.

7 Not later than 2 years after the date of enactment

8 of this Act, the Secretary of the Interior shall act in ac9 cordance with the Indian Tribal Judgment Funds Use or

10 Distribution Act (25 U.S.C. 1401 et seq.) with respect to

11 the award entered in the compromise and settlement of

12 claims under the case styled Pueblo of San Ildefonso v.

13 United States, No. 660–87L, United States Court of Fed14 eral Claims.

15 SEC. 15. RULE OF CONSTRUCTION AND JUDICIAL REVIEW.

16 Notwithstanding any provision of State law, the Set17 tlement Agreement and the Los Alamos Agreement (in18 cluding any real property conveyance under the agree19 ments) shall be interpreted and implemented as matters

20 of Federal law.

21 SEC. 16. EFFECTIVE DATE.

22 This Act shall take effect on the date of enactment

23 of this Act.
†

32

S 1773 ES

1 SEC. 17. TIMING OF ACTIONS.

2 It is the intent of Congress that the land conveyances

3 and adjustments contemplated in this Act (except the con4 veyances and adjustments relating to Los Alamos Town5 site Land) shall be completed not later than 180 days

6 after the date of enactment of this Act.

7 SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated such funds

9 as are necessary to carry out this Act.

Passed the Senate May 24, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 1773

AN ACT

To resolve certain Native American claims in New

Mexico, and for other purposes.