I

106TH CONGRESS

2D SESSION S. 2917

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 12, 2000

Referred to the Committee on Resources

AN ACT

To settle the land claims of the Pueblo of Santo Domingo.

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 ‘‘Santo Domingo Pueblo

5 Claims Settlement Act of 2000’’.
2

S 2917 RFH

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress makes the following find3 ings:

4 (1) For many years the Pueblo of Santo Do5 mingo has been asserting claims to lands within its

6 aboriginal use area in north central New Mexico.

7 These claims have been the subject of many law8 suits, and a number of these claims remain unre9 solved.

10 (2) In December 1927, the Pueblo Lands

11 Board, acting pursuant to the Pueblo Lands Act of

12 1924 (43 Stat. 636) confirmed a survey of the

13 boundaries of the Pueblo of Santo Domingo Grant.

14 However, at the same time the Board purported to

15 extinguish Indian title to approximately 27,000

16 acres of lands within those grant boundaries which

17 lay within 3 other overlapping Spanish land grants.

18 The United States Court of Appeals in United

19 States v. Thompson (941 F.2d 1074 (10th Cir.

20 1991), cert. denied 503 U.S. 984 (1992)), held that

21 the Board ‘‘ignored an express congressional direc22 tive’’ in section 14 of the Pueblo Lands Act, which

23 ‘‘contemplated that the Pueblo would retain title to

24 and possession of all overlap land’’.

25 (3) The Pueblo of Santo Domingo has asserted

26 a claim to another 25,000 acres of land based on the
3

S 2917 RFH

1 Pueblo’s purchase in 1748 of the Diego Gallegos

2 Grant. The Pueblo possesses the original deed re3 flecting the purchase under Spanish law but, after

4 the United States assumed sovereignty over New

5 Mexico, no action was taken to confirm the Pueblo’s

6 title to these lands. Later, many of these lands were

7 treated as public domain, and are held today by

8 Federal agencies, the State Land Commission, other

9 Indian tribes, and private parties. The Pueblo’s law10 suit asserting this claim, Pueblo of Santo Domingo

11 v. Rael (Civil No. 83–1888 (D.N.M.)), is still pend12 ing.

13 (4) The Pueblo of Santo Domingo’s claims

14 against the United States in docket No. 355 under

15 the Act of August 13, 1946 (60 Stat. 1049; com16 monly referred to as the Indian Claims Commission

17 Act) have been pending since 1951. These claims in18 clude allegations of the Federal misappropriation

19 and mismanagement of the Pueblo’s aboriginal and

20 Spanish grant lands.

21 (5) Litigation to resolve the land and trespass

22 claims of the Pueblo of Santo Domingo would take

23 many years, and the outcome of such litigation is

24 unclear. The pendency of these claims has clouded
4

S 2917 RFH

1 private land titles and has created difficulties in the

2 management of public lands within the claim area.

3 (6) The United States and the Pueblo of Santo

4 Domingo have negotiated a settlement to resolve all

5 existing land claims, including the claims described

6 in paragraphs (2) through (4).

7 (b) PURPOSE.—It is the purpose of this Act—

8 (1) to remove the cloud on titles to land in the

9 State of New Mexico resulting from the claims of

10 the Pueblo of Santo Domingo, and to settle all of

11 the Pueblo’s claims against the United States and

12 third parties, and the land, boundary, and trespass

13 claims of the Pueblo in a fair, equitable, and final

14 manner;

15 (2) to provide for the restoration of certain

16 lands to the Pueblo of Santo Domingo and to con17 firm the Pueblo’s boundaries;

18 (3) to clarify governmental jurisdiction over the

19 lands within the Pueblo’s land claim area; and

20 (4) to ratify a Settlement Agreement between

21 the United States and the Pueblo which includes—

22 (A) the Pueblo’s agreement to relinquish

23 and compromise its land and trespass claims;

24 (B) the provision of $8,000,000 to com25 pensate the Pueblo for the claims it has pur-
5

S 2917 RFH

1 sued pursuant to the Act of August 13, 1946

2 (60 Stat. 1049; commonly referred to as the In3 dian Claims Commission Act);

4 (C) the transfer of approximately 4,577

5 acres of public land to the Pueblo;

6 (D) the sale of approximately 7,355 acres

7 of national forest lands to the Pueblo; and

8 (E) the authorization of the appropriation

9 of $15,000,000 over 3 consecutive years which

10 would be deposited in a Santo Domingo Lands

11 Claims Settlement Fund for expenditure by the

12 Pueblo for land acquisition and other enumer13 ated tribal purposes.

14 (c) RULE OF CONSTRUCTION.—Nothing in this Act

15 shall be construed to effectuate an extinguishment of, or

16 to otherwise impair, the Pueblo’s title to or interest in

17 lands or water rights as described in section 5(a)(2).

18 SEC. 3. DEFINITIONS.

19 In this Act:

20 (1) FEDERALLY ADMINISTERED LANDS.—The

21 term ‘‘federally administered lands’’ means lands,

22 waters, or interests therein, administered by Federal

23 agencies, except for the lands, waters, or interests

24 therein that are owned by, or for the benefit of, In25 dian tribes or individual Indians.
6

S 2917 RFH

1 (2) FUND.—The term ‘‘Fund’’ means the Pueb2 lo of Santo Domingo Land Claims Settlement Fund

3 established under section 5(b)(1).

4 (3) PUEBLO.—The term ‘‘Pueblo’’ means the

5 Pueblo of Santo Domingo.

6 (4) SANTO DOMINGO PUEBLO GRANT.—The

7 term ‘‘Santo Domingo Pueblo Grant’’ means all of

8 the lands within the 1907 Hall-Joy Survey, as con9 firmed by the Pueblo Lands Board in 1927.

10 (5) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior unless expressly stated

12 otherwise.

13 (6) SETTLEMENT AGREEMENT.—The term

14 ‘‘Settlement Agreement’’ means the Settlement

15 Agreement dated May 26, 2000, between the De16 partments of the Interior, Agriculture, and Justice

17 and the Pueblo of Santo Domingo to Resolve All of

18 the Pueblo’s Land Title and Trespass Claims.

19 SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

20 The Settlement Agreement is hereby approved and

21 ratified.

22 SEC. 5. RESOLUTION OF DISPUTES AND CLAIMS.

23 (a) RELINQUISHMENT, EXTINGUISHMENT, AND COM24 PROMISE OF SANTO DOMINGO CLAIMS.—

25 (1) EXTINGUISHMENT.—
7

S 2917 RFH

1 (A) IN GENERAL.—Subject to paragraph

2 (2), in consideration of the benefits provided

3 under this Act, and in accordance with the Set4 tlement Agreement pursuant to which the

5 Pueblo has agreed to relinquish and com6 promise certain claims, the Pueblo’s land and

7 trespass claims described in subparagraph (B)

8 are hereby extinguished, effective as of the date

9 specified in paragraph (5).

10 (B) CLAIMS.—The claims described in this

11 subparagraph are the following:

12 (i) With respect to the Pueblo’s claims

13 against the United States, its agencies, of14 ficers, and instrumentalities, all claims to

15 land, whether based on aboriginal or recog16 nized title, and all claims for damages or

17 other judicial relief or for administrative

18 remedies pertaining in any way to the

19 Pueblo’s land, such as boundary, trespass,

20 and mismanagement claims, including any

21 claim related to—

22 (I) any federally administered

23 lands, including National Forest Sys24 tem lands designated in the Settle-
8

S 2917 RFH

1 ment Agreement for possible sale or

2 exchange to the Pueblo;

3 (II) any lands owned or held for

4 the benefit of any Indian tribe other

5 than the Pueblo; and

6 (III) all claims which were, or

7 could have been brought against the

8 United States in docket No. 355,

9 pending in the United States Court of

10 Federal Claims.

11 (ii) With respect to the Pueblo’s

12 claims against persons, the State of New

13 Mexico and its subdivisions, and Indian

14 tribes other than the Pueblo, all claims to

15 land, whether based on aboriginal or recog16 nized title, and all claims for damages or

17 other judicial relief or for administrative

18 remedies pertaining in any way to the

19 Pueblo’s land, such as boundary and tres20 pass claims.

21 (iii) All claims listed on pages 13894–

22 13895 of volume 48 of the Federal Reg23 ister, published on March 31, 1983, except

24 for claims numbered 002 and 004.
9

S 2917 RFH

1 (2) RULE OF CONSTRUCTION.—Nothing in this

2 Act (including paragraph (1)) shall be construed—

3 (A) to in any way effectuate an extinguish4 ment of or otherwise impair—

5 (i) the Pueblo’s title to lands acquired

6 by or for the benefit of the Pueblo since

7 December 28, 1927, or in a tract of land

8 of approximately 150.14 acres known as

9 the ‘‘sliver area’’ and described on a plat

10 which is appendix H to the Settlement

11 Agreement;

12 (ii) the Pueblo’s title to land within

13 the Santo Domingo Pueblo Grant which

14 the Pueblo Lands Board found not to have

15 been extinguished; or

16 (iii) the Pueblo’s water rights appur17 tenant to the lands described in clauses (i)

18 and (ii); and

19 (B) to expand, reduce, or otherwise impair

20 any rights which the Pueblo or its members

21 may have under existing Federal statutes con22 cerning religious and cultural access to and

23 uses of the public lands.

24 (3) CONFIRMATION OF DETERMINATION.—The

25 Pueblo Lands Board’s determination on page 1 of
10

S 2917 RFH

1 its Report of December 28, 1927, that Santo Do2 mingo Pueblo title, derived from the Santo Domingo

3 Pueblo Grant to the lands overlapped by the La

4 Majada, Sitio de Juana Lopez and Mesita de Juana

5 Lopez Grants has been extinguished is hereby con6 firmed as of the date of that Report.

7 (4) TRANSFERS PRIOR TO ENACTMENT.—

8 (A) IN GENERAL.—In accordance with the

9 Settlement Agreement, any transfer of land or

10 natural resources, prior to the date of enact11 ment of this Act, located anywhere within the

12 United States from, by, or on behalf of the

13 Pueblo, or any of the Pueblo’s members, shall

14 be deemed to have been made in accordance

15 with the Act of June 30, 1834 (4 Stat. 729;

16 commonly referred to as the Trade and Inter17 course Act), section 17 of the Act of June 7,

18 1924 (43 Stat. 641; commonly referred to as

19 the Pueblo Lands Act), and any other provision

20 of Federal law that specifically applies to trans21 fers of land or natural resources from, by, or on

22 behalf of an Indian tribe, and such transfers

23 shall be deemed to be ratified effective as of the

24 date of the transfer.
11

S 2917 RFH

1 (B) RULE OF CONSTRUCTION.—Nothing in

2 subparagraph (A) shall be construed to affect

3 or eliminate the personal claim of any indi4 vidual Indian which is pursued under any law

5 of general applicability that protects non-Indi6 ans as well as Indians.

7 (5) EFFECTIVE DATE.—The provisions of para8 graphs (1), (3), and (4) shall take effect upon the

9 entry of a compromise final judgment, in a form and

10 manner acceptable to the Attorney General, in the

11 amount of $8,000,000 in the case of Pueblo of

12 Santo Domingo v. United States (Indian Claims

13 Commission docket No. 355). The judgment so en14 tered shall be paid from funds appropriated pursu15 ant to section 1304 of title 31, United States Code.

16 (b) TRUST FUNDS; AUTHORIZATION OF APPROPRIA17 TIONS.—

18 (1) ESTABLISHMENT.—There is hereby estab19 lished in the Treasury a trust fund to be known as

20 the ‘‘Pueblo of Santo Domingo Land Claims Settle21 ment Fund’’. Funds deposited in the Fund shall be

22 subject to the following conditions:

23 (A) The Fund shall be maintained and in24 vested by the Secretary of the Interior pursuant

25 to the Act of June 24, 1938 (25 U.S.C. 162a).
12

S 2917 RFH

1 (B) Subject to the provisions of paragraph

2 (3), monies deposited into the Fund may be ex3 pended by the Pueblo to acquire lands within

4 the exterior boundaries of the exclusive aborigi5 nal occupancy area of the Pueblo, as described

6 in the Findings of Fact of the Indian Claims

7 Commission, dated May 9, 1973, and for use

8 for education, economic development, youth and

9 elderly programs, or for other tribal purposes in

10 accordance with plans and budgets developed

11 and approved by the Tribal Council of the

12 Pueblo and approved by the Secretary.

13 (C) If the Pueblo withdraws monies from

14 the Fund, neither the Secretary nor the Sec15 retary of the Treasury shall retain any over16 sight over or liability for the accounting, dis17 bursement, or investment of such withdrawn

18 monies.

19 (D) No portion of the monies described in

20 subparagraph (C) may be paid to Pueblo mem21 bers on a per capita basis.

22 (E) The acquisition of lands with monies

23 from the Fund shall be on a willing-seller, will24 ing-buyer basis, and no eminent domain author25 ity may be exercised for purposes of acquiring
13

S 2917 RFH

1 lands for the benefit of the Pueblo pursuant to

2 this Act.

3 (F) The provisions of Public Law 93–134,

4 governing the distribution of Indian claims

5 judgment funds, and the plan approval require6 ments of section 203 of Public Law 103–412

7 shall not be applicable to the Fund.

8 (2) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated

10 $15,000,000 for deposit into the Fund, in accord11 ance with the following schedule:

12 (A) $5,000,000 to be deposited in the fis13 cal year which commences on October 1, 2001.

14 (B) $5,000,000 to be deposited in the next

15 fiscal year.

16 (C) The balance of the funds to be depos17 ited in the third consecutive fiscal year.

18 (3) LIMITATION ON DISBURSAL.—Amounts au19 thorized to be appropriated to the Fund under para20 graph (2) shall not be disbursed until the following

21 conditions are met:

22 (A) The case of Pueblo of Santo Domingo

23 v. Rael (No. CIV–83–1888) in the United

24 States District Court for the District of New

25 Mexico, has been dismissed with prejudice.
14

S 2917 RFH

1 (B) A compromise final judgment in the

2 amount of $8,000,000 in the case of Pueblo of

3 Santo Domingo v. United States (Indian Claims

4 Commission docket No. 355) in a form and

5 manner acceptable to the Attorney General, has

6 been entered in the United States Court of

7 Federal Claims in accordance with subsection

8 (a)(5).

9 (4) DEPOSITS.—Funds awarded to the Pueblo

10 consistent with subsection (c)(2) in docket No. 355

11 of the Indian Claims Commission shall be deposited

12 into the Fund.

13 (c) ACTIVITIES UPON COMPROMISE.—On the date of

14 the entry of the final compromise judgment in the case

15 of Pueblo of Santo Domingo v. United States (Indian

16 Claims Commission docket No. 355) in the United States

17 Court of Federal Claims, and the dismissal with prejudice

18 of the case of Pueblo of Santo Domingo v. Rael (No. CIV–

19 83–1888) in the United States District Court for the Dis20 trict of New Mexico, whichever occurs later—

21 (1) the public lands administered by the Bureau

22 of Land Management and described in section 6 of

23 the Settlement Agreement, and consisting of ap24 proximately 4,577.10 acres of land, shall thereafter

25 be held by the United States in trust for the benefit
15

S 2917 RFH

1 of the Pueblo, subject to valid existing rights and

2 rights of public and private access, as provided for

3 in the Settlement Agreement;

4 (2) the Secretary of Agriculture is authorized to

5 sell and convey National Forest System lands and

6 the Pueblo shall have the exclusive right to acquire

7 these lands as provided for in section 7 of the Settle8 ment Agreement, and the funds received by the Sec9 retary of Agriculture for such sales shall be depos10 ited in the fund established under the Act of Decem11 ber 4, 1967 (16 U.S.C. 484a) and shall be available

12 to purchase non-Federal lands within or adjacent to

13 the National Forests in the State of New Mexico;

14 (3) lands conveyed by the Secretary of Agri15 culture pursuant to this section shall no longer be

16 considered part of the National Forest System and

17 upon any conveyance of National Forest lands, the

18 boundaries of the Santa Fe National Forest shall be

19 deemed modified to exclude such lands;

20 (4) until the National Forest lands are con21 veyed to the Pueblo pursuant to this section, or until

22 the Pueblo’s right to purchase such lands expires

23 pursuant to section 7 of the Settlement Agreement,

24 such lands are withdrawn, subject to valid existing

25 rights, from any new public use or entry under any
16

S 2917 RFH

1 Federal land law, except for permits not to exceed

2 1 year, and shall not be identified for any disposition

3 by or for any agency, and no mineral production or

4 harvest of forest products shall be permitted, except

5 that nothing in this subsection shall preclude forest

6 management practices on such lands, including the

7 harvest of timber in the event of fire, disease, or in8 sect infestation; and

9 (5) once the Pueblo has acquired title to the

10 former National Forest System lands, these lands

11 may be conveyed by the Pueblo to the Secretary of

12 the Interior who shall accept and hold such lands in

13 the name of the United States in trust for the ben14 efit of the Pueblo.

15 SEC. 6. AFFIRMATION OF ACCURATE BOUNDARIES OF

16 SANTO DOMINGO PUEBLO GRANT.

17 (a) IN GENERAL.—The boundaries of the Santo Do18 mingo Pueblo Grant, as determined by the 1907 Hall-Joy

19 Survey, confirmed in the Report of the Pueblo Lands

20 Board, dated December 28, 1927, are hereby declared to

21 be the current boundaries of the Grant and any lands cur22 rently owned by or on behalf of the Pueblo within such

23 boundaries, or any lands hereinafter acquired by the Pueb24 lo within the Grant in fee simple absolute, shall be consid-
17

S 2917 RFH

1 ered to be Indian country within the meaning of section

2 1151 of title 18, United States Code.

3 (b) LIMITATION.—Any lands or interests in lands

4 within the Santo Domingo Pueblo Grant, that are not

5 owned or acquired by the Pueblo, shall not be treated as

6 Indian country within the meaning of section 1151 of title

7 18, United States Code.

8 (c) ACQUISITION OF FEDERAL LANDS.—Any Federal

9 lands acquired by the Pueblo pursuant to section 5(c)(1)

10 shall be held in trust by the Secretary for the benefit of

11 the Pueblo, and shall be treated as Indian country within

12 the meaning of section 1151 of title 18, United States

13 Code.

14 (d) LAND SUBJECT TO PROVISIONS.—Any lands ac15 quired by the Pueblo pursuant to section 5(c), or with

16 funds subject to section 5(b), shall be subject to the provi17 sions of section 17 of the Act of June 7, 1924 (43 Stat.

18 641; commonly referred to as the Pueblo Lands Act).

19 (e) RULE OF CONSTRUCTION.—Nothing in this Act

20 or in the Settlement Agreement shall be construed to—

21 (1) cloud title to federally administered lands or

22 non-Indian or other Indian lands, with regard to

23 claims of title which are extinguished pursuant to

24 section 5; or
18

S 2917 RFH

1 (2) affect actions taken prior to the date of en2 actment of this Act to manage federally adminis3 tered lands within the boundaries of the Santo Do4 mingo Pueblo Grant.

Passed the Senate October 11 (legislative day, September 22), 2000.

Attest: GARY SISCO,

Secretary.