`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1773 Reported in Senate (RS)]







                                                       Calendar No. 419
109th CONGRESS
  2d Session
                                S. 1773

                          [Report No. 109-252]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2005

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                              May 3, 2006

                Reported by Mr. McCain, with amendments
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pueblo de San Ildefonso Claims 
Settlement Act of 2005''.

SEC. 2. DEFINITIONS AND PURPOSES.

    (a) Definitions.--In this Act:
            (1) Administrative access.--The term ``administrative 
        access'' means the unrestricted use of land and interests in 
        land for ingress and egress by an agency of the United States 
        (including a permittee, contractor, agent, or assignee of the 
        United States) in order to carry out an activity authorized by 
        law or regulation, or otherwise in furtherance of the 
        management of federally-owned land and resources.
            (2) County.--The term ``County'' means the incorporated 
        county of Los Alamos, New Mexico.
            (3) Los alamos agreement.--The term ``Los Alamos 
        Agreement'' means the agreement among the County, the Pueblo, 
        the Department of Agriculture Forest Service, and the Bureau of 
        Indian Affairs dated January, 22, 2004.
            (4) Los alamos townsite land.--``Los Alamos Townsite Land'' 
        means the land identified as Attachment B (dated December 12, 
        2003) to the Los Alamos Agreement.
            (5) Northern tier land.--``Northern Tier Land'' means the 
        land comprising approximately 739.71 acres and identified as 
        ``Northern Tier Lands'' in Appendix B (dated August 3, 2004) to 
        the Settlement Agreement.
            (6) Pending litigation.--The term ``Pending Litigation'' 
        means the case styled Pueblo of San Ildefonso v. United States, 
        Docket Number 354, originally filed with the Indian Claims 
        Commission and pending in the United States Court of Federal 
        Claims on the date of enactment of this Act.
            (7) Pueblo.--The term ``Pueblo'' means the Pueblo de San 
        Ildefonso, a federally recognized Indian tribe (also known as 
        the ``Pueblo of San Ildefonso'').
            (8) Settlement agreement.--The term ``Settlement 
        Agreement'' means the agreement entitled ``Settlement Agreement 
        between the United States and the Pueblo de San Ildefonso to 
        Resolve All of the Pueblo's Land Title and Trespass Claims'' 
        and dated June 7, 2005.
            (9) Settlement area land.--The term ``Settlement Area 
        Land'' means the National Forest System land located within the 
        Santa Fe National Forest, as described in Appendix B to the 
        Settlement Agreement, that is available for purchase by the 
        Pueblo under section 9(a) of the Settlement Agreement.
            (10) Settlement fund.--The term ``Settlement Fund'' means 
        the Pueblo de San Ildefonso Land Claims Settlement Fund 
        established by section 6.
            (11) Sisk act.--The term ``Sisk Act'' means Public Law 90-
        171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
            (12) Water system land.--The term ``Water System Land'' 
        means the federally-owned land located within the Santa Fe 
        National Forest to be conveyed to the County under the Los 
        Alamos Agreement.
    (b) Purposes.--The purposes of this Act are--
            (1) to finally dispose, as set forth in sections 4 and 5, 
        of all rights, claims, or demands that the Pueblo has asserted 
        or could have asserted against the United States with respect 
        to any and all claims in the Pending Litigation;
            (2) to extinguish claims based on aboriginal title, Indian 
        title, or recognized title, or any other title claims under 
        section 5;
            (3) to authorize the Pueblo to acquire the Settlement Area 
        Land, and to authorize the Secretary of Agriculture to convey 
        the Water System Land, the Northern Tier Land, and the Los 
        Alamos Townsite Land for market value consideration, and for 
        such consideration to be paid to the Secretary of Agriculture 
        for the acquisition of replacement National Forest land 
        elsewhere in New Mexico;
            (4) to provide that the Settlement Area Land acquired by 
        the Pueblo shall be held by the Secretary of the Interior in 
        trust for the benefit of the Pueblo;
            (5) to facilitate government-to-government relations 
        between the United States and the Pueblo regarding cooperation 
        in the management of certain land administered by the National 
        Park Service and the Bureau of Land Management as described in 
        sections 7 and 8 of the Settlement Agreement;
            (6) to ratify the Settlement Agreement; and,
            (7) to ratify the Los Alamos Agreement.

SEC. 3. RATIFICATION OF AGREEMENTS.

    (a) Ratification.--The Settlement Agreement and Los Alamos 
Agreement are ratified under Federal law, and the parties to those 
agreements are authorized to carry out the provisions of the 
agreements.
    (b) Corrections and Modifications.--The respective parties to the 
Settlement Agreement and the Los Alamos Agreement are authorized, by 
mutual agreement, to correct errors in any legal description or maps, 
and to make minor modifications to those agreements.

SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.

    (a) Dismissal.--Not later than 90 days after the date of enactment 
of this Act, the United States and the Pueblo shall execute and file 
with the United States Court of Federal Claims in the Pending 
Litigation a motion for entry of final judgment in accordance with 
section 5 of the Settlement Agreement.
    (b) Compensation.--Upon entry of the final judgment under 
subsection (a), $6,900,000 shall be paid into the Settlement Fund as 
compensation to the Pueblo in accordance with section 1304 of title 31, 
United States Code.

SEC. 5. RESOLUTION OF CLAIMS.

    (a) Extinguishments.--Except as provided in subsection (b), in 
consideration of the benefits of the Settlement Agreement, and in 
recognition of the agreement of the Pueblo to the Settlement Agreement, 
all claims of the Pueblo against the United States (including any claim 
against an agency, officer, or instrumentality of the United States) 
are relinquished and extinguished, including--
            (1) any claim to land based on aboriginal title, Indian 
        title, or recognized title;
            (2) any claim for damages or other judicial relief or for 
        administrative remedies that were brought, or that were 
        knowable and could have been brought, on or before the date of 
        the Settlement Agreement;
            (3) any claim relating to--
                    (A) any federally-administered land, including 
                National Park System land, National Forest System land, 
                Public land administered by the Bureau of Land 
                Management, the Settlement Area Land, the Water System 
                Land, the Northern Tier Land, and the Los Alamos 
                Townsite Land; and
                    (B) any land owned by, or held for the benefit of, 
                any Indian tribe other than the Pueblo; and
            (4) any claim that was, or that could have been, asserted 
        in the Pending Litigation.
    (b) Exceptions.--Nothing in this Act or the Settlement Agreement 
shall in any way extinguish or otherwise impair--
            (1) the title of record of the Pueblo to land held by or 
        for the benefit of the Pueblo, as identified in Appendix D to 
        the Settlement Agreement, on or before the date of enactment of 
        this Act; and,
            (2) the title of the Pueblo to the Pueblo de San Ildefonso 
        Grant, including, as identified in Appendix D to the Settlement 
        Agreement--
                    (A) the title found by the United States District 
                Court for the District of New Mexico in the case styled 
                United States v. Apodoca (Number 2031, equity: December 
                5, 1930) not to have been extinguished; and
                    (B) title to any land that has been reacquired by 
                the Pueblo pursuant to the Act entitled ``An Act to 
                quiet the title to lands within Pueblo Indian land 
                grants, and for other purposes'', approved June 7, 1924 
                (43 Stat. 636, chapter 331);
            (3) the water rights of the Pueblo appurtenant to the land 
        described in paragraphs (1) and (2); and
            (4) any rights of the Pueblo or a member of the Pueblo 
        under Federal law relating to religious or cultural access to, 
        and use of, Federal land.
    (c) Previous Extinguishments Unimpaired.--Nothing in this Act 
affects any prior extinguishments of rights or claims of the Pueblo 
which may have occurred by operation of law.
    (d) Boundaries and Title Unaffected.--
            (1) Boundaries.--Nothing in this Act affects the location 
        of the boundaries of the Pueblo de San Ildefonso Grant.
            (2) Rights, title, and interest.--Nothing in this Act 
        affects, ratifies, or confirms the right, title, or interest of 
        the Pueblo in the land held by, or for the benefit of, the 
        Pueblo, including the land described in Appendix D of the 
        Settlement Agreement.

SEC. 6. SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury a fund to 
be known as the ``Pueblo de San Ildefonso Land Claims Settlement 
Fund''.
    (b) Conditions.--Monies deposited in the Settlement Fund shall be 
subject to the following conditions:
            (1) Maintenance and investment.--The Settlement Fund shall 
        be maintained and invested by the Secretary of the Interior 
        pursuant to the Act of June 24, 1938 (25 U.S.C. 162a).
            (2) Use of funds.--Subject to paragraph (3), monies 
        deposited into the Settlement Fund shall be expended by the 
        Pueblo--
                    (A) to acquire the federally administered 
                Settlement Area Land;
                    (B) to pay for the acquisition of the Water System 
                Land, as provided in the Los Alamos Agreement; and
                    (C) at the option of the Pueblo, to acquire other 
                land.
            (3) Effect of withdrawal.--If the Pueblo withdraws monies 
        from the Settlement Fund, neither the Secretary of the Interior 
        nor the Secretary of the Treasury shall retain any oversight 
        over, or liability for, the accounting, disbursement, or 
        investment of the withdrawn funds.
            (4) Per capita distribution.--No portion of the funds in 
        the Settlement Fund may be paid to Pueblo members on a per 
        capita basis.
            (5) Acquisition of land.--The acquisition of land with 
        funds from the Settlement Fund shall be on a willing-seller, 
        willing-buyer basis, and no eminent domain authority may be 
        exercised for purposes of acquiring land for the benefit of the 
        Pueblo under this Act.
            (6) Effect of other laws.--The Act of October 19, 1973 
        (Public Law 93-134; 87 Stat. 466) and section 203 of the 
        American Indian Trust Fund Management Reform Act of 1994 (25 
        U.S.C. 4023) shall not apply to the Settlement Fund.

SEC. 7. LAND OWNERSHIP ADJUSTMENTS.

    (a) Authorization.--
            (1) In general.--The Secretary of Agriculture may sell the 
        Settlement Area Land, Water System Land, and Los Alamos 
        Townsite Land, on such terms and conditions as are agreed upon 
        and described in the Settlement Agreement and the Los Alamos 
        Agreement, including reservations for administrative access and 
        other access as shown on Appendix B of the Settlement 
        Agreement.
            (2) Effect of claims and cause of action.--Consideration 
        for any land authorized for sale by the Secretary of 
        Agriculture shall not be offset or reduced by any claim or 
        cause of action by any party to whom the land is conveyed.
    (b) Consideration.--The consideration to be paid for the Federal 
land authorized for sale in subsection (a) shall be--
            (1) for the Settlement Area Land and Water System Land, the 
        consideration agreed upon in the Settlement Agreement; and
            (2) for the Los Alamos Townsite Land, the current market 
        value based on an appraisal approved by the Forest Service as 
        being in conformity with the latest edition of the Uniform 
        Appraisal Standards for Federal Land Acquisitions.
    (c) Disposition of Receipts.--
            (1) In general.--All monies received by the Secretary of 
        Agriculture from the sale of National Forest System land as 
        authorized by this Act, including receipts from the Northern 
        Tier Land, shall be deposited into the fund established in the 
        Treasury of the United States pursuant to the Sisk Act and 
        shall be available, without further appropriation, 
        authorization, or administrative apportionment for the purchase 
        of land by the Secretary of Agriculture for National Forest 
        System purposes in the State of New Mexico, and for associated 
        administrative costs.
            (2) Use of funds.--Funds deposited in a Sisk Act fund 
        pursuant to this Act shall not be subject to transfer or 
        reprogramming for wildlands fire management or any other 
        emergency purposes, or used to reimburse any other account.
            (3) Acquisitions of land.--In expending funds to exercise 
        its rights under the Settlement Agreement and the Los Alamos 
        Agreement with respect to the acquisition of the Settlement 
        Area Land, the County's acquisitions of the Water System Land, 
        and the Northern Tier Land (if the Pueblo exercises an option 
        to purchase the Northern Tier Land as provided in section 
        12(b)(2)(A), the Pueblo shall use only funds in the Settlement 
        Fund and shall not augment those funds from any other source.
    (d) Valid Existing Rights and Reservations.--
            (1) In general.--The Settlement Area Land acquired by the 
        Pueblo shall be subject to all valid existing rights on the 
        date of enactment of this Act, including rights of 
        administrative access.
            (2) Water rights.--No water rights shall be conveyed by the 
        United States.
            (3) Special use authorization.--
                    (A) In general.--Nothing in this Act shall affect 
                the validity of any special use authorization issued by 
                the Forest Service within the Settlement Area Land, 
                except that such authorizations shall not be renewed 
                upon expiration.
                    (B) Reasonable access.--For access to valid 
                occupancies within the Settlement Area Land, the Pueblo 
                and the Secretary of the Interior shall afford rights 
                of reasonable access commensurate with that provided by 
                the Secretary of Agriculture on or before the date of 
                enactment of this Act.
            (4) Water system land and los alamos townsite land.--The 
        Water System Land and Los Alamos Townsite Land acquired by the 
        County shall be subject to--
                    (A) all valid existing rights; and
                    (B) the rights reserved by the United States under 
                the Los Alamos Agreement.
            (5) Private landowners.--
                    (A) In general.--Upon acquisition by the Pueblo of 
                the Settlement Area Land, the Secretary of the 
                Interior, acting on behalf of the Pueblo and the United 
                States, shall execute easements in accordance with any 
                right reserved by the United States for the benefit of 
                private landowners owning property that requires the 
                use of Forest Development Road 416 (as in existence on 
                the date of enactment of this Act) and other roads that 
                may be necessary to provide legal access into the 
                property of the landowners, as the property is used on 
                the date of this Act.
                    (B) Maintenance of roads.--Neither the Pueblo nor 
                the United States shall be required to maintain roads 
                for the benefit of private landowners.
                    (C) Easements.--Easements shall be granted, without 
                consideration, to private landowners only upon 
                application of such landowners to the Secretary.
    (e) Forest Development Roads.--
            (1) United states right to use.--Subject to any right-of-
        way to use, cross, and recross a road, the United States shall 
        reserve and have free and unrestricted rights to use, operate, 
        maintain, and reconstruct (at the same level of development, as 
        in existence on the date of the Settlement Agreement), those 
        sections of Forest Development Roads 57, 442, 416, 416v, 445 
        and 445ca referenced in Appendix B of the Settlement Agreement 
        for any and all public and administrative access and other 
        Federal governmental purposes, including access by Federal 
        employees, their agents, contractors, and assigns (including 
        those holding Forest Service permits).
            (2) Certain roads.--Notwithstanding paragraph (1), the 
        United States--
                    (A) may improve Forest Development Road 416v beyond 
                the existing condition of that road to a high clearance 
                standard road (level 2); and
                    (B) shall have unrestricted administrative access 
                and non-motorized public trail access to the portion of 
                Forest Development Road 442 depicted in Appendix B to 
                the Settlement Agreement.
    (f) Private Mining Operations.--
            (1) COPAR pumice mine.--The United States and the Pueblo 
        shall allow the COPAR Pumice Mine to continue to operate as 
        provided in the Contract For The Sale Of Mineral Materials 
        dated May 4, 1994, and for COPAR to use portions of Forest 
        Development Roads 57, 442, 416, and other designated roads 
        within the area described in the contract, for the period of 
        the contract and thereafter for a period necessary to reclaim 
        the site.
            (2) Continuing jurisdiction.--
                    (A) Administration.--Continuing jurisdiction of the 
                United States over the contract for the sale of mineral 
                materials shall be administered by the Secretary of the 
                Interior.
                    (B) Expiration of contract.--Upon expiration of the 
                contract described in subparagraph (A), jurisdiction 
                over reclamation shall be assumed by the Secretary of 
                the Interior.
            (3) Effect on existing rights.--Nothing in this Act limits 
        or enhances the rights of COPAR under the Contract For The Sale 
        Of Mineral Materials dated May 4, 1994.

SEC. 8. CONVEYANCES.

    (a) Authorization.--
            (1) Consideration from pueblo.--Upon receipt of the 
        consideration from the Pueblo for the Settlement Area Land and 
        the Water System Land, the Secretary of Agriculture shall 
        execute and deliver--
                    (A) to the Pueblo, a quitclaim deed to the 
                Settlement Area Land; and
                    (B) to the County, a quitclaim deed to the Water 
                System Land, reserving--
                            (i) a contingent remainder in the United 
                        States in trust for the benefit of the Pueblo 
                        in accordance with the Los Alamos Agreement; 
                        and
                            (ii) a right of access for the United 
                        States for the Pueblo for ceremonial and other 
                        cultural purposes.
            (2) Consideration from county.--Upon receipt of the 
        consideration from the County for all or a portion of the Los 
        Alamos Townsite Land, the Secretary of Agriculture shall 
        execute and deliver to the County a quitclaim deed to all or 
        portions of such land, as appropriate.
            (3) Execution.--An easement or deed of conveyance by the 
        Secretary of Agriculture under this Act shall be executed by 
        the Director of Lands and Minerals, Forest Service, 
        Southwestern Region, Department of Agriculture.
    (b) Authorization for Pueblo to Convey in Trust.--Upon receipt by 
the Pueblo of the quitclaim deed to the Settlement Land under 
subsection (a)(1), the Pueblo may quitclaim the Settlement Land to the 
United States, in trust for the Pueblo.
    (c) Adequacy of Conveyance Instruments.--Notwithstanding the status 
of the Federal land as public domain or acquired land, no instrument of 
conveyance other than a quitclaim deed shall be required to convey the 
Settlement Area Land, the Water System Land, the Northern Tier Land, or 
the Los Alamos Townsite Land under this Act.
    (d) Surveys.--The Secretary of Agriculture is authorized to perform 
and approve any required cadastral survey.
    (e) Contributions.--Notwithstanding section 3302 of title 31, 
United States Code, or any other provision of law, the Secretary of 
Agriculture may accept and use contributions of cash or services from 
the Pueblo, other governmental entities, or other persons--
            (1) to perform and complete required cadastral surveys for 
        the Settlement Area Land, the Water System Land, the Northern 
        Tier Land, or the Los Alamos Townsite Land, as described in the 
        Settlement Agreement or the Los Alamos Agreement; and
            (2) to carry out any other project or activity under--
                    (A) this Act;
                    (B) the Settlement Agreement; or
                    (C) the Los Alamos Agreement.

SEC. 9. TRUST STATUS AND NATIONAL FOREST BOUNDARIES.

    (a) Operation of Law.--Without any additional administrative action 
by the Secretary of Agriculture or the Secretary of the Interior--
            (1) on recording the quitclaim deed or deeds from the 
        Pueblo to the United States in trust for the Pueblo under 
        section 8(b) in the Land Titles and Records Office, Southwest 
        Region, Bureau of Indian Affairs--
                    (A) the Settlement Area Land shall be held in trust 
                by the United States for the benefit of the Pueblo; and
                    (B) the boundaries of the Santa Fe National Forest 
                shall be deemed to be modified to exclude from the 
                National Forest System the Settlement Area Land; and
            (2) on recording the quitclaim deed or deeds from the 
        Secretary of Agriculture to the County of the Water System Land 
        in the county land records, the boundaries of the Santa Fe 
        National Forest shall be deemed to be modified to exclude from 
        the National Forest System the Water System Land.
    (b) Future Interests.--If fee title to the Water System Land vests 
in the Pueblo by conveyance or operation of law, the Water System Land 
shall be deemed to be held in trust by the United States for the 
benefit of the Pueblo, without further administrative procedures or 
environmental or other analyses.
    (c)  Nonintercourse Act.--Any land conveyed to the Secretary of the 
Interior in trust for the Pueblo or any other tribe in accordance with 
this Act shall be--
            (1) subject to the Act of June 30, 1834 (25 U.S.C. 177); 
        and
            (2) treated as reservation land.

SEC. 10. INTERIM MANAGEMENT.

    Subject to valid existing rights, prior to the conveyance under 
section 9, the Secretary of Agriculture, with respect to the Settlement 
Area Land, the Water System Land, the Northern Tier Land, and the Los 
Alamos Townsite Land--
            (1) shall not encumber or dispose of the land by sale, 
        exchange, or special use authorization, in such a manner as to 
        substantially reduce the market value of the land;
            (2) shall take any action that the Secretary determines to 
        be necessary or desirable--
                    (A) to protect the land from fire, disease, or 
                insect infestation; or
                    (B) to protect lives or property; and
            (3) may, in consultation with the Pueblo or the County, as 
        appropriate, authorize a special use of the Settlement Area 
        Land, not to exceed 1 year in duration.

SEC. 11. WITHDRAWAL.

    Subject to valid existing rights, the land referenced in the 
notices of withdrawal of land in New Mexico (67 Fed. Reg. 7193; 68 Fed. 
Reg. 75628) is withdrawn from all location, entry, and patent under the 
public land laws and mining and mineral leasing laws of the United 
States, including geothermal leasing laws.

SEC. 12. CONVEYANCE OF THE NORTHERN TIER LAND.

    (a) Conveyance Authorization.--
            (1) In general.--Subject to valid existing rights, 
        including reservations in the United States and any right under 
        this section, the Secretary of Agriculture shall sell the 
        Northern Tier Land on such terms and conditions as the 
        Secretary may prescribe as being in the public interest and in 
        accordance with this section.
            (2) Effect of paragraph.--The authorization under paragraph 
        (1) is solely for the purpose of consolidating Federal and non-
        Federal land to increase management efficiency and is not in 
        settlement or compromise of any claim of title by any Pueblo, 
        Indian tribe, or other entity.
    (b) Rights of Refusal.--
            (1) Pueblo of santa clara.--
                    (A) In general.--In consideration for an easement 
                under subsection (e)(2), the Pueblo of Santa Clara 
                shall have an exclusive option to purchase the Northern 
                Tier Land for the period beginning on the date of 
                enactment of this Act and ending 90 days thereafter.
                    (B) Resolution.--Within the period prescribed in 
                subparagraph (A), the Pueblo of Santa Clara may 
                exercise its option to acquire the Northern Tier Land 
                by delivering to the Regional Director of Lands and 
                Minerals, Forest Service, Southwestern Region, 
                Department of Agriculture, a resolution of the Santa 
                Clara Tribal Council expressing the unqualified intent 
                of the Pueblo of Santa Clara to purchase the land at 
                the offered price.
                    (C) Failure to act.--If the Pueblo of Santa Clara 
                does not exercise its option to purchase the Northern 
                Tier Land within the 90-day period under subparagraph 
                (A), or fails to close on the purchase of such land 
                within 1 year of the date on which the option to 
                purchase was exercised, the Secretary of Agriculture 
                shall offer the Northern Tier Land for sale to the 
                Pueblo.
            (2) Offer to pueblo.--
                    (A) In general.--Not later than 90 days after 
                receiving a written offer from the Secretary of 
                Agriculture under paragraph (1)(C), the Pueblo may 
                exercise its option to acquire the Northern Tier Land 
                by delivering to the Regional Director of Lands and 
                Minerals, Forest Service, Southwestern Region, a 
                resolution of the Pueblo Tribal Council expressing the 
                unqualified intent of the Pueblo to purchase the land 
                at the offered price.
                    (B) Failure of pueblo to act.--If the Pueblo fails 
                to exercise its option to purchase the Northern Tier 
                Land within 90 days after receiving an offer from the 
                Secretary of Agriculture, or fails to close on the 
                purchase of such land within 1 year of the date on 
                which the option to purchase was exercised under 
                subparagraph (A), the Secretary of Agriculture may sell 
                or exchange the land to any third party in such manner 
                and on such terms and conditions as the Secretary 
                determines to be in the public interest, including by a 
                competitive process.
            (3) Extension of time period.--The Secretary of Agriculture 
        may extend the time period for closing beyond the 1 year 
        prescribed in subsection (b), if the Secretary determines that 
        additional time is required to meet the administrative 
        processing requirements of the Federal Government, or for other 
        reasons beyond the control of either party.
    (c) Terms and Conditions of Sale.--
            (1) Purchase price.--Subject to valid existing rights and 
        reservations, the purchase price for the Northern Tier Land 
        sold to the Pueblo of Santa Clara or the Pueblo under 
        subsection (b) shall be the consideration agreed to by the 
        Pueblo of Santa Clara pursuant to that certain Pueblo of Santa 
        Clara Tribal Council Resolution No. 05-01 ``Approving Proposed 
        San Ildefonso Claims Settlement Act of 2005, and Terms for 
        Purchase of Northern Tier Lands'' that was signed by Governor 
        J. Bruce Tafoya in January 2005.
            (2) Reserved rights.--On the Northern Tier Land, the United 
        States shall reserve the right to operate, maintain, 
        reconstruct (at standards in existence on the date of the 
        Settlement Agreement), replace, and use the stream gauge, and 
        to have unrestricted administrative access over the associated 
        roads to the gauge (as depicted in Appendix B of the Settlement 
        Agreement).
            (3) Conveyance by quitclaim deed.--The conveyance of the 
        Northern Tier Land shall be by quitclaim deed executed on 
        behalf of the United States by the Director of Lands and 
        Minerals, Forest Service, Southwestern Region, Department of 
        Agriculture.
    (d) Trust Status and Forest Boundaries.--
            (1) Acquisition of land by indian tribe.--If the Northern 
        Tier Land is acquired by an Indian tribe (including a Pueblo 
        tribe), the land may be reconveyed by quitclaim deed or deeds 
        back to the United States to be held in trust by the Secretary 
        of the Interior for the benefit of the tribe, and the Secretary 
        of the Interior shall accept the conveyance without any 
        additional administrative action by the Secretary of 
        Agriculture or the Secretary of the Interior.
            (2) Land held in trust.--On recording a quitclaim deed 
        described in paragraph (1) in the Land Titles and Records 
        Office, Southwest Region, Bureau of Indian Affairs, the 
        Northern Tier Land shall be deemed to be held in trust by the 
        United States for the benefit of the Indian tribe.
            (3) Boundaries of santa fe national forest.--Effective on 
        the date of a deed described in paragraph (1), the boundaries 
        of the Santa Fe National Forest shall be deemed modified to 
        exclude from the National Forest System the land conveyed by 
        the deed.
    (e) Inholder and Administrative Access.--
            (1) Failure of pueblo of santa clara to act.--
                    (A) In general.--If the Pueblo of Santa Clara does 
                not exercise its option to acquire the Northern Tier 
                Land, the Secretary of Agriculture or the Secretary of 
                the Interior, as appropriate, shall by deed 
                reservations or grants on land under their respective 
                jurisdiction provide for inholder and public access 
                across the Northern Tier Land in order to provide 
                reasonable ingress and egress to private and Federal 
                land as shown in Appendix B of the Settlement 
                Agreement.
                    (B) Administration of reservations.--The Secretary 
                of the Interior shall administer any such reservations 
                on land acquired by any Indian tribe.
            (2) Effect of acceptance.--If the Pueblo of Santa Clara 
        exercises its option to acquire all of the Northern Tier Land, 
        the following shall apply:
                    (A) Easements to united states.--
                            (i) Definition of administrative access.--
                        In this subparagraph, the term ``administrative 
                        access'' means access to Federal land by 
                        Federal employees acting in the course of their 
                        official capacities in carrying out activities 
                        on Federal land authorized by law or 
                        regulation, and by agents and contractors of 
                        Federal agencies who have been engaged to 
                        perform services necessary or desirable for 
                        fire management and the health of forest 
                        resources, including the cutting and removal of 
                        vegetation, and for the health and safety of 
                        persons on the Federal land.
                            (ii) Easements.--
                                    (I) In general.--The Pueblo of 
                                Santa Clara shall grant and convey at 
                                closing perpetual easements over the 
                                existing roads to the United States 
                                that are acceptable to the Secretary of 
                                Agriculture for administrative access 
                                over the Santa Clara Reservation 
                                Highway 601 (the Puye Road), from its 
                                intersection with New Mexico State 
                                Highway 30, westerly to its 
                                intersection with the Sawyer Canyon 
                                Road (also known as Forest Development 
                                Road 445), thence southwesterly on the 
                                Sawyer Canyon Road to the point at 
                                which it exits the Santa Clara 
                                Reservation.
                                    (II) Maintenance of roadway.--An 
                                easement under this subparagraph shall 
                                provide that the United States shall be 
                                obligated to contribute to maintenance 
                                of the roadway commensurate with actual 
                                use.
                    (B) Easements to private landowners.--Not later 
                than 180 days after the date of enactment of this Act, 
                the Pueblo of Santa Clara, in consultation with private 
                landowners, shall grant and convey a perpetual easement 
                to the private owners of land within the Northern Tier 
                Land for private access over Santa Clara Reservation 
                Highway 601 (Puye Road) across the Santa Clara Indian 
                Reservation from its intersection with New Mexico State 
                Highway 30, or other designated public road, on Forest 
                Development Roads 416, 445 and other roads that may be 
                necessary to provide access to each individually owned 
                private tract.
            (3) Approval.--The Secretary of the Interior shall approve 
        the conveyance of an easement under paragraph (2) upon receipt 
        of written approval of the terms of the easement by the 
        Secretary of Agriculture.
            (4) Adequate access provided by pueblo of santa clara.--If 
        adequate administrative and inholder access is provided over 
        the Santa Clara Indian Reservation under paragraph (2), the 
        Secretary of the Interior--
                    (A) shall vacate the inholder access over that 
                portion of Forest Development Road 416 referenced in 
                section 7(e)(5); but
                    (B) shall not vacate the reservations over the 
                Northern Tier Land for administrative access under 
                subsection (c)(2).

SEC. 13. INTER-PUEBLO COOPERATION.

    (a) Demarcation of Boundary.--The Pueblo of Santa Clara and the 
Pueblo may, by agreement, demarcate a boundary between their respective 
tribal land within Township 20 North, Range 7 East, in Rio Arriba 
County, New Mexico, and may exchange or otherwise convey land between 
them in that township.
    (b) Action by Secretary of the Interior.--In accordance with any 
agreement under subsection (a), the Secretary of the Interior shall, 
without further administrative procedures or environmental or other 
analyses--
            (1) recognize a boundary between the Pueblo of Santa Clara 
        and the Pueblo;
            (2) provide for a boundary survey;
            (3) approve land exchanges and conveyances as agreed upon 
        by the Pueblo of Santa Clara and the Pueblo; and
            (4) accept conveyances of exchanged lands into trust for 
        the benefit of the grantee tribe.

SEC. 14. DISTRIBUTION OF FUNDS PLAN.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of the Interior shall act in accordance with the Indian 
Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) 
with respect to the award entered in the compromise and settlement of 
claims under the case styled Pueblo of San Ildefonso v. United States, 
No. 660-87L, United States Court of Federal Claims.

SEC. 15. RULE OF CONSTRUCTION AND JUDICIAL REVIEW.

    Notwithstanding any provision of State law, the Settlement 
Agreement and the Los Alamos Agreement (including any real property 
conveyance under the agreements) shall be interpreted and implemented 
as matters of Federal law.

SEC. 16. EFFECTIVE DATE.

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

SEC. 17. TIMING OF ACTIONS.

    It is the intent of Congress that the land conveyances and 
adjustments contemplated in this Act (except the conveyances and 
adjustments relating to Los Alamos Townsite Land) shall be completed 
not later than 180 days after the date of enactment of this Act.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such funds as are necessary 
to carry out this Act.
                                                       Calendar No. 419

109th CONGRESS

  2d Session

                                S. 1773

                          [Report No. 109-252]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 3, 2006

                        Reported with amendments`