108TH CONGRESS

1ST SESSION S. 246

AN ACT

To provide that certain Bureau of Land Management land

shall be held in trust for the Pueblo of Santa Clara

and the Pueblo of San Ildefonso in the State of New

Mexico.

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

2 In this Act:

3 (1) AGREEMENT.—The term ‘‘Agreement’’

4 means the agreement entitled ‘‘Agreement to Affirm

5 Boundary Between Pueblo of Santa Clara and Pueb6 lo of San Ildefonso Aboriginal Lands Within Garcia

7 Canyon Tract’’, entered into by the Governors on

8 December 20, 2000.

9 (2) BOUNDARY LINE.—The term ‘‘boundary

10 line’’ means the boundary line established under sec11 tion 4(a).

12 (3) GOVERNORS.—The term ‘‘Governors’’

13 means—

14 (A) the Governor of the Pueblo of Santa

15 Clara, New Mexico; and

16 (B) the Governor of the Pueblo of San

17 Ildefonso, New Mexico.

18 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’

19 has the meaning given the term in section 4 of the

20 Indian Self-Determination and Education Assistance

21 Act (25 U.S.C. 450b).

22 (5) PUEBLOS.—The term ‘‘Pueblos’’ means—

23 (A) the Pueblo of Santa Clara, New Mex24 ico; and

25 (B) the Pueblo of San Ildefonso, New Mex26 ico.
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1 (6) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (7) TRUST LAND.—The term ‘‘trust land’’

4 means the land held by the United States in trust

5 under section 2(a) or 3(a).

6 SEC. 2. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW

7 MEXICO.

8 (a) IN GENERAL.—All right, title, and interest of the

9 United States in and to the land described in subsection

10 (b), including improvements on, appurtenances to, and

11 mineral rights (including rights to oil and gas) to the land,

12 shall be held by the United States in trust for the Pueblo

13 of Santa Clara, New Mexico, as part of the Santa Clara

14 Reservation.

15 (b) DESCRIPTION OF LAND.—The land referred to in

16 subsection (a) consists of approximately 2,484 acres of

17 Bureau of Land Management land located in Rio Arriba

18 County, New Mexico, and more particularly described

19 as—

20 (1) the portion of T. 20 N., R. 7 E., Sec. 22,

21 New Mexico Principal Meridian, that is located

22 north of the boundary line;

23 (2) the southern half of T. 20 N., R. 7 E., Sec.

24 23, New Mexico Principal Meridian;
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1 (3) the southern half of T. 20 N., R. 7 E., Sec.

2 24, New Mexico Principal Meridian;

3 (4) T. 20 N., R. 7 E., Sec. 25, excluding the

4 5-acre tract in the southeast quarter owned by the

5 Pueblo of San Ildefonso;

6 (5) the portion of T. 20 N., R. 7 E., Sec. 26,

7 New Mexico Principal Meridian, that is located

8 north and east of the boundary line;

9 (6) the portion of T. 20 N., R. 7 E., Sec. 27,

10 New Mexico Principal Meridian, that is located

11 north of the boundary line;

12 (7) the portion of T. 20 N., R. 8 E., Sec. 19,

13 New Mexico Principal Meridian, that is not included

14 in the Santa Clara Pueblo Grant or the Santa Clara

15 Indian Reservation; and

16 (8) the portion of T. 20 N., R. 8 E., Sec. 30,

17 that is not included in the Santa Clara Pueblo Grant

18 or the San Ildefonso Grant.

19 SEC. 3. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW

20 MEXICO.

21 (a) IN GENERAL.—All right, title, and interest of the

22 United States in and to the land described in subsection

23 (b), including improvements on, appurtenances to, and

24 mineral rights (including rights to oil and gas) to the land,

25 shall be held by the United States in trust for the Pueblo
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1 of San Ildefonso, New Mexico, as part of the San Ildefonso

2 Reservation.

3 (b) DESCRIPTION OF LAND.—The land referred to in

4 subsection (a) consists of approximately 2,000 acres of

5 Bureau of Land Management land located in Rio Arriba

6 County and Santa Fe County in the State of New Mexico,

7 and more particularly described as—

8 (1) the portion of T. 20 N., R. 7 E., Sec. 22,

9 New Mexico Principal Meridian, that is located

10 south of the boundary line;

11 (2) the portion of T. 20 N., R. 7 E., Sec. 26,

12 New Mexico Principal Meridian, that is located

13 south and west of the boundary line;

14 (3) the portion of T. 20 N., R. 7 E., Sec. 27,

15 New Mexico Principal Meridian, that is located

16 south of the boundary line;

17 (4) T. 20 N., R. 7 E., Sec. 34, New Mexico

18 Principal Meridian; and

19 (5) the portion of T. 20 N., R. 7 E., Sec. 35,

20 New Mexico Principal Meridian, that is not included

21 in the San Ildefonso Pueblo Grant.

22 SEC. 4. SURVEY AND LEGAL DESCRIPTIONS.

23 (a) SURVEY.—Not later than 180 days after the date

24 of enactment of this Act, the Office of Cadastral Survey

25 of the Bureau of Land Management shall, in accordance
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1 with the Agreement, complete a survey of the boundary

2 line established under the Agreement for the purpose of

3 establishing, in accordance with sections 2(b) and 3(b),

4 the boundaries of the trust land.

5 (b) LEGAL DESCRIPTIONS.—

6 (1) PUBLICATION.—On approval by the Gov7 ernors of the survey completed under subsection (a),

8 the Secretary shall publish in the Federal Register—

9 (A) a legal description of the boundary

10 line; and

11 (B) legal descriptions of the trust land.

12 (2) TECHNICALCORRECTIONS.—Before the

13 date on which the legal descriptions are published

14 under paragraph (1)(B), the Secretary may correct

15 any technical errors in the descriptions of the trust

16 land provided in sections 2(b) and 3(b) to ensure

17 that the descriptions are consistent with the terms

18 of the Agreement.

19 (3) EFFECT.—Beginning on the date on which

20 the legal descriptions are published under paragraph

21 (1)(B), the legal descriptions shall be the official

22 legal descriptions of the trust land.

23 SEC. 5. ADMINISTRATION OF TRUST LAND.

24 (a) APPLICABLE LAW.—The trust land shall be ad25 ministered in accordance with laws generally applicable to
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1 property held in trust by the United States for Indian

2 tribes.

3 (b) PUEBLO LANDS ACT.—The following shall be

4 subject to section 17 of the Act of June 7, 1924 (25

5 U.S.C. 331 note; commonly known as the ‘‘Pueblo Lands

6 Act’’):

7 (1) The trust land.

8 (2) Any land owned as of the date of enactment

9 of this Act or acquired after the date of enactment

10 of this Act by the Pueblo of Santa Clara in the

11 Santa Clara Pueblo Grant.

12 (3) Any land owned as of the date of enactment

13 of this Act or acquired after the date of enactment

14 of this Act by the Pueblo of Santa Ildefonso in the

15 San Ildefonso Pueblo Grant.

16 (c) USE OF TRUST LAND.—Subject to criteria devel17 oped by the Pueblos in concert with the Secretary, the

18 trust land may be used only for traditional and customary

19 uses or stewardship conservation for the benefit of the

20 Pueblo for which the trust land is held in trust. Beginning

21 on the date of enactment of this Act, the trust land shall

22 not be used for any new commercial developments.

23 SEC. 6. EFFECT.

24 Nothing in this Act—
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1 (1) affects any valid right-of-way, lease, permit,

2 mining claim, grazing permit, water right, or other

3 right or interest of any person or entity (other than

4 the United States) in or to the trust land that is in

5 existence before the date of enactment of this Act;

6 (2) enlarges, impairs, or otherwise affects a

7 right or claim of the Pueblos to any land or interest

8 in land based on Aboriginal or Indian title that is

9 in existence before the date of enactment of this Act;

10 (3) constitutes an express or implied reservation

11 of water or water right for any purpose with respect

12 to the trust land; or

13 (4) affects any water right of the Pueblos in ex14 istence before the date of enactment of this act.

Passed the Senate June 16, 2003.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION S. 246

AN ACT

To provide that certain Bureau of Land Management land shall be held in trust for the Pueblo

of Santa Clara and the Pueblo of San Ildefonsoin the State of New Mexico.