S. 2917

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

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

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 ‘‘Santo Domingo Pueblo Claims

Settlement Act of 2000’’.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress makes the following findings:

(1) For many years the Pueblo of Santo Domingo has been

asserting claims to lands within its aboriginal use area in

north central New Mexico. These claims have been the subject

of many lawsuits, and a number of these claims remain unresolved.

(2) In December 1927, the Pueblo Lands Board, acting

pursuant to the Pueblo Lands Act of 1924 (43 Stat. 636) confirmed a survey of the boundaries of the Pueblo of Santo

Domingo Grant. However, at the same time the Board purported to extinguish Indian title to approximately 27,000 acres

of lands within those grant boundaries which lay within 3

other overlapping Spanish land grants. The United States Court

of Appeals in United States v. Thompson (941 F.2d 1074 (10th

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

Board ‘‘ignored an express congressional directive’’ in section

14 of the Pueblo Lands Act, which ‘‘contemplated that the

Pueblo would retain title to and possession of all overlap land’’.

(3) The Pueblo of Santo Domingo has asserted a claim

to another 25,000 acres of land based on the Pueblo’s purchase

in 1748 of the Diego Gallegos Grant. The Pueblo possesses

the original deed reflecting the purchase under Spanish law

but, after the United States assumed sovereignty over New

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

these lands. Later, many of these lands were treated as public

domain, and are held today by Federal agencies, the State

Land Commission, other Indian tribes, and private parties.

The Pueblo’s lawsuit asserting this claim, Pueblo of Santo

Domingo v. Rael (Civil No. 83–1888 (D.N.M.)), is still pending.

(4) The Pueblo of Santo Domingo’s claims against the

United States in docket No. 355 under the Act of August

13, 1946 (60 Stat. 1049; commonly referred to as the Indian

Claims Commission Act) have been pending since 1951. These

claims include allegations of the Federal misappropriation and
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mismanagement of the Pueblo’s aboriginal and Spanish grant

lands.

(5) Litigation to resolve the land and trespass claims of

the Pueblo of Santo Domingo would take many years, and

the outcome of such litigation is unclear. The pendency of

these claims has clouded private land titles and has created

difficulties in the management of public lands within the claim

area.

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

have negotiated a settlement to resolve all existing land claims,

including the claims described in paragraphs (2) through (4).

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

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

of New Mexico resulting from the claims of the Pueblo of

Santo Domingo, and to settle all of the Pueblo’s claims against

the United States and third parties, and the land, boundary,

and trespass claims of the Pueblo in a fair, equitable, and

final manner;

(2) to provide for the restoration of certain lands to the

Pueblo of Santo Domingo and to confirm the Pueblo’s boundaries;

(3) to clarify governmental jurisdiction over the lands

within the Pueblo’s land claim area; and

(4) to ratify a Settlement Agreement between the United

States and the Pueblo which includes—

(A) the Pueblo’s agreement to relinquish and compromise its land and trespass claims;

(B) the provision of $8,000,000 to compensate the

Pueblo for the claims it has pursued pursuant to the Act

of August 13, 1946 (60 Stat. 1049; commonly referred to

as the Indian Claims Commission Act);

(C) the transfer of approximately 4,577 acres of public

land to the Pueblo;

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

forest lands to the Pueblo; and

(E) the authorization of the appropriation of $15,000,000 over 3 consecutive years which would be deposited in a Santo Domingo Lands Claims Settlement Fund

for expenditure by the Pueblo for land acquisition and

other enumerated tribal purposes.

(c) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to effectuate an extinguishment of, or to otherwise impair,

the Pueblo’s title to or interest in lands or water rights as described

in section 5(a)(2).

SEC. 3. DEFINITIONS.

In this Act:

(1) FEDERALLY ADMINISTERED LANDS.—The term ‘‘federally

administered lands’’ means lands, waters, or interests therein,

administered by Federal agencies, except for the lands, waters,

or interests therein that are owned by, or for the benefit of,

Indian tribes or individual Indians.

(2) FUND.—The term ‘‘Fund’’ means the Pueblo of Santo

Domingo Land Claims Settlement Fund established under section 5(b)(1).

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

Domingo.
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(4) SANTO DOMINGO PUEBLO GRANT.—The term ‘‘Santo

Domingo Pueblo Grant’’ means all of the lands within the

1907 Hall-Joy Survey, as confirmed by the Pueblo Lands Board

in 1927.

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

of the Interior unless expressly stated otherwise.

(6) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agreement’’ means the Settlement Agreement dated May 26, 2000,

between the Departments of the Interior, Agriculture, and Justice and the Pueblo of Santo Domingo to Resolve All of the

Pueblo’s Land Title and Trespass Claims.

SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

The Settlement Agreement is hereby approved and ratified.

SEC. 5. RESOLUTION OF DISPUTES AND CLAIMS.

(a) RELINQUISHMENT, EXTINGUISHMENT, AND COMPROMISE OF

SANTO DOMINGO CLAIMS.—

(1) EXTINGUISHMENT.—

(A) IN GENERAL.—Subject to paragraph (2), in consideration of the benefits provided under this Act, and in accordance with the Settlement Agreement pursuant to which

the Pueblo has agreed to relinquish and compromise certain

claims, the Pueblo’s land and trespass claims described

in subparagraph (B) are hereby extinguished, effective as

of the date specified in paragraph (5).

(B) CLAIMS.—The claims described in this subparagraph are the following:

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

the United States, its agencies, officers, and instrumentalities, all claims to land, whether based on aboriginal

or recognized title, and all claims for damages or other

judicial relief or for administrative remedies pertaining

in any way to the Pueblo’s land, such as boundary,

trespass, and mismanagement claims, including any

claim related to—

(I) any federally administered lands, including

National Forest System lands designated in the

Settlement Agreement for possible sale or

exchange to the Pueblo;

(II) any lands owned or held for the benefit

of any Indian tribe other than the Pueblo; and

(III) all claims which were, or could have been

brought against the United States in docket No.

355, pending in the United States Court of Federal

Claims.

(ii) With respect to the Pueblo’s claims against

persons, the State of New Mexico and its subdivisions,

and Indian tribes other than the Pueblo, all claims

to land, whether based on aboriginal or recognized

title, and all claims for damages or other judicial relief

or for administrative remedies pertaining in any way

to the Pueblo’s land, such as boundary and trespass

claims.

(iii) All claims listed on pages 13894–13895 of

volume 48 of the Federal Register, published on March

31, 1983, except for claims numbered 002 and 004.
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(2) RULE OF CONSTRUCTION.—Nothing in this Act (including

paragraph (1)) shall be construed—

(A) to in any way effectuate an extinguishment of

or otherwise impair—

(i) the Pueblo’s title to lands acquired by or for

the benefit of the Pueblo since December 28, 1927,

or in a tract of land of approximately 150.14 acres

known as the ‘‘sliver area’’ and described on a plat

which is appendix H to the Settlement Agreement;

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

Domingo Pueblo Grant which the Pueblo Lands Board

found not to have been extinguished; or

(iii) the Pueblo’s water rights appurtenant to the

lands described in clauses (i) and (ii); and

(B) to expand, reduce, or otherwise impair any rights

which the Pueblo or its members may have under existing

Federal statutes concerning religious and cultural access

to and uses of the public lands.

(3) CONFIRMATION OF DETERMINATION.—The Pueblo Lands

Board’s determination on page 1 of its Report of December

28, 1927, that Santo Domingo Pueblo title, derived from the

Santo Domingo Pueblo Grant to the lands overlapped by the

La Majada, Sitio de Juana Lopez and Mesita de Juana Lopez

Grants has been extinguished is hereby confirmed as of the

date of that Report.

(4) TRANSFERS PRIOR TO ENACTMENT.—

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

Agreement, any transfer of land or natural resources, prior

to the date of enactment of this Act, located anywhere

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

Pueblo, or any of the Pueblo’s members, shall be deemed

to have been made in accordance with the Act of June

30, 1834 (4 Stat. 729; commonly referred to as the Trade

and Intercourse Act), section 17 of the Act of June 7,

1924 (43 Stat. 641; commonly referred to as the Pueblo

Lands Act), and any other provision of Federal law that

specifically applies to transfers of land or natural resources

from, by, or on behalf of an Indian tribe, and such transfers

shall be deemed to be ratified effective as of the date

of the transfer.

(B) RULE OF CONSTRUCTION.—Nothing in subparagraph

(A) shall be construed to affect or eliminate the personal

claim of any individual Indian which is pursued under

any law of general applicability that protects non-Indians

as well as Indians.

(5) EFFECTIVE DATE.—The provisions of paragraphs (1),

(3), and (4) shall take effect upon the entry of a compromise

final judgment, in a form and manner acceptable to the

Attorney General, in the amount of $8,000,000 in the case

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

Commission docket No. 355). The judgment so entered shall

be paid from funds appropriated pursuant to section 1304 of

title 31, United States Code.

(b) TRUST FUNDS; AUTHORIZATION OF APPROPRIATIONS.—

(1) ESTABLISHMENT.—There is hereby established in the

Treasury a trust fund to be known as the ‘‘Pueblo of Santo
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Domingo Land Claims Settlement Fund’’. Funds deposited in

the Fund shall be subject to the following conditions:

(A) The 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).

(B) Subject to the provisions of paragraph (3), monies

deposited into the Fund may be expended by the Pueblo

to acquire lands within the exterior boundaries of the exclusive aboriginal occupancy area of the Pueblo, as described

in the Findings of Fact of the Indian Claims Commission,

dated May 9, 1973, and for use for education, economic

development, youth and elderly programs, or for other

tribal purposes in accordance with plans and budgets developed and approved by the Tribal Council of the Pueblo

and approved by the Secretary.

(C) If the Pueblo withdraws monies from the Fund,

neither the Secretary nor the Secretary of the Treasury

shall retain any oversight over or liability for the

accounting, disbursement, or investment of such withdrawn

monies.

(D) No portion of the monies described in subparagraph

(C) may be paid to Pueblo members on a per capita basis.

(E) The acquisition of lands with monies from the

Fund shall be on a willing-seller, willing-buyer basis, and

no eminent domain authority may be exercised for purposes

of acquiring lands for the benefit of the Pueblo pursuant

to this Act.

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

the distribution of Indian claims judgment funds, and the

plan approval requirements of section 203 of Public Law

103–412 shall not be applicable to the Fund.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $15,000,000 for deposit into the Fund,

in accordance with the following schedule: (A) $5,000,000 to be deposited in the fiscal year which

commences on October 1, 2001.

(B) $5,000,000 to be deposited in the next fiscal year.

(C) The balance of the funds to be deposited in the

third consecutive fiscal year.

(3) LIMITATION ON DISBURSAL.—Amounts authorized to be

appropriated to the Fund under paragraph (2) shall not be

disbursed until the following conditions are met:

(A) The case of Pueblo of Santo Domingo v. Rael (No.

CIV–83–1888) in the United States District Court for the

District of New Mexico, has been dismissed with prejudice.

(B) A compromise final judgment in the amount of

$8,000,000 in the case of Pueblo of Santo Domingo v. United

States (Indian Claims Commission docket No. 355) in a

form and manner acceptable to the Attorney General, has

been entered in the United States Court of Federal Claims

in accordance with subsection (a)(5).

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

with subsection (c)(2) in docket No. 355 of the Indian Claims

Commission shall be deposited into the Fund.

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

of the final compromise judgment in the case of Pueblo of Santo

Domingo v. United States (Indian Claims Commission docket No.
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355) in the United States Court of Federal Claims, and the dismissal

with prejudice of the case of Pueblo of Santo Domingo v. Rael

(No. CIV–83–1888) in the United States District Court for the

District of New Mexico, whichever occurs later—

(1) the public lands administered by the Bureau of Land

Management and described in section 6 of the Settlement

Agreement, and consisting of approximately 4,577.10 acres of

land, shall thereafter be held by the United States in trust

for the benefit of the Pueblo, subject to valid existing rights

and rights of public and private access, as provided for in

the Settlement Agreement;

(2) the Secretary of Agriculture is authorized to sell and

convey National Forest System lands and the Pueblo shall

have the exclusive right to acquire these lands as provided

for in section 7 of the Settlement Agreement, and the funds

received by the Secretary of Agriculture for such sales shall

be deposited in the fund established under the Act of December

4, 1967 (16 U.S.C. 484a) and shall be available to purchase

non-Federal lands within or adjacent to the National Forests

in the State of New Mexico;

(3) lands conveyed by the Secretary of Agriculture pursuant

to this section shall no longer be considered part of the National

Forest System and upon any conveyance of National Forest

lands, the boundaries of the Santa Fe National Forest shall

be deemed modified to exclude such lands;

(4) until the National Forest lands are conveyed to the

Pueblo pursuant to this section, or until the Pueblo’s right

to purchase such lands expires pursuant to section 7 of the

Settlement Agreement, such lands are withdrawn, subject to

valid existing rights, from any new public use or entry under

any Federal land law, except for permits not to exceed 1 year,

and shall not be identified for any disposition by or for any

agency, and no mineral production or harvest of forest products

shall be permitted, except that nothing in this subsection shall

preclude forest management practices on such lands, including

the harvest of timber in the event of fire, disease, or insect

infestation; and

(5) once the Pueblo has acquired title to the former National

Forest System lands, these lands may be conveyed by the

Pueblo to the Secretary of the Interior who shall accept and

hold such lands in the name of the United States in trust

for the benefit of the Pueblo.

SEC. 6. AFFIRMATION OF ACCURATE BOUNDARIES OF SANTO

DOMINGO PUEBLO GRANT.

(a) IN GENERAL.—The boundaries of the Santo Domingo Pueblo

Grant, as determined by the 1907 Hall-Joy Survey, confirmed in

the Report of the Pueblo Lands Board, dated December 28, 1927,

are hereby declared to be the current boundaries of the Grant

and any lands currently owned by or on behalf of the Pueblo

within such boundaries, or any lands hereinafter acquired by the

Pueblo within the Grant in fee simple absolute, shall be considered

to be Indian country within the meaning of section 1151 of title

18, United States Code.

(b) LIMITATION.—Any lands or interests in lands within the

Santo Domingo Pueblo Grant, that are not owned or acquired
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by the Pueblo, shall not be treated as Indian country within the

meaning of section 1151 of title 18, United States Code.

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

acquired by the Pueblo pursuant to section 5(c)(1) shall be held

in trust by the Secretary for the benefit of the Pueblo, and shall

be treated as Indian country within the meaning of section 1151

of title 18, United States Code.

(d) LAND SUBJECT TO PROVISIONS.—Any lands acquired by the

Pueblo pursuant to section 5(c), or with funds subject to section

5(b), shall be subject to the provisions of section 17 of the Act

of June 7, 1924 (43 Stat. 641; commonly referred to as the Pueblo

Lands Act).

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

Settlement Agreement shall be construed to—

(1) cloud title to federally administered lands or non-Indian

or other Indian lands, with regard to claims of title which

are extinguished pursuant to section 5; or

(2) affect actions taken prior to the date of enactment

of this Act to manage federally administered lands within the

boundaries of the Santo Domingo Pueblo Grant.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.