S. 246

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

In this Act:

(1) AGREEMENT.—The term ‘‘Agreement’’ means the agreement entitled ‘‘Agreement to Affirm Boundary Between Pueblo

of Santa Clara and Pueblo of San Ildefonso Aboriginal Lands

Within Garcia Canyon Tract’’, entered into by the Governors

on December 20, 2000.

(2) BOUNDARY LINE.—The term ‘‘boundary line’’ means the

boundary line established under section 4(a).

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

(A) the Governor of the Pueblo of Santa Clara, New

Mexico; and

(B) the Governor of the Pueblo of San Ildefonso, New

Mexico.

(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning

given the term in section 4 of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b).

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

(A) the Pueblo of Santa Clara, New Mexico; and

(B) the Pueblo of San Ildefonso, New Mexico.

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

of the Interior.

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

held by the United States in trust under section 2(a) or 3(a).

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

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

States in and to the land described in subsection (b), including

improvements on, appurtenances to, and mineral rights (including

rights to oil and gas) to the land, shall be held by the United

States in trust for the Pueblo of Santa Clara, New Mexico, as

part of the Santa Clara Reservation.

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

(a) consists of approximately 2,484 acres of Bureau of Land Management land located in Rio Arriba County, New Mexico, and more

particularly described as—

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

Principal Meridian, that is located north of the boundary line;
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(2) the southern half of T. 20 N., R. 7 E., Sec. 23, New

Mexico Principal Meridian;

(3) the southern half of T. 20 N., R. 7 E., Sec. 24, New

Mexico Principal Meridian;

(4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract

in the southeast quarter owned by the Pueblo of San Ildefonso;

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

Principal Meridian, that is located north and east of the

boundary line;

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

Principal Meridian, that is located north of the boundary line;

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

Principal Meridian, that is not included in the Santa Clara

Pueblo Grant or the Santa Clara Indian Reservation; and

(8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not

included in the Santa Clara Pueblo Grant or the San Ildefonso

Grant.

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

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

States in and to the land described in subsection (b), including

improvements on, appurtenances to, and mineral rights (including

rights to oil and gas) to the land, shall be held by the United

States in trust for the Pueblo of San Ildefonso, New Mexico, as

part of the San Ildefonso Reservation.

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

(a) consists of approximately 2,000 acres of Bureau of Land Management land located in Rio Arriba County and Santa Fe County

in the State of New Mexico, and more particularly described as—

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

Principal Meridian, that is located south of the boundary line;

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

Principal Meridian, that is located south and west of the

boundary line;

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

Principal Meridian, that is located south of the boundary line;

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

Meridian; and

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

Principal Meridian, that is not included in the San Ildefonso

Pueblo Grant.

SEC. 4. SURVEY AND LEGAL DESCRIPTIONS.

(a) SURVEY.—Not later than 180 days after the date of enactment of this Act, the Office of Cadastral Survey of the Bureau

of Land Management shall, in accordance with the Agreement,

complete a survey of the boundary line established under the Agreement for the purpose of establishing, in accordance with sections

2(b) and 3(b), the boundaries of the trust land.

(b) LEGAL DESCRIPTIONS.—

(1) PUBLICATION.—On approval by the Governors of the

survey completed under subsection (a), the Secretary shall publish in the Federal Register— (A) a legal description of the boundary line; and

(B) legal descriptions of the trust land.

(2) TECHNICAL CORRECTIONS.—Before the date on which

the legal descriptions are published under paragraph (1)(B),
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the Secretary may correct any technical errors in the descriptions of the trust land provided in sections 2(b) and 3(b) to

ensure that the descriptions are consistent with the terms

of the Agreement.

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

descriptions are published under paragraph (1)(B), the legal

descriptions shall be the official legal descriptions of the trust

land.

SEC. 5. ADMINISTRATION OF TRUST LAND.

(a) APPLICABLE LAW.—The trust land shall be administered

in accordance with laws generally applicable to property held in

trust by the United States for Indian tribes.

(b) PUEBLO LANDS ACT.—The following shall be subject to section 17 of the Act of June 7, 1924 (25 U.S.C. 331 note; commonly

known as the ‘‘Pueblo Lands Act’’):

(1) The trust land.

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

Act or acquired after the date of enactment of this Act by

the Pueblo of Santa Clara in the Santa Clara Pueblo Grant.

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

Act or acquired after the date of enactment of this Act by

the Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant.

(c) USE OF TRUST LAND.—Subject to criteria developed by the

Pueblos in concert with the Secretary, the trust land may be used

only for traditional and customary uses or stewardship conservation

for the benefit of the Pueblo for which the trust land is held

in trust. Beginning on the date of enactment of this Act, the

trust land shall not be used for any new commercial developments.

SEC. 6. EFFECT.

Nothing in this Act—

(1) affects any valid right-of-way, lease, permit, mining

claim, grazing permit, water right, or other right or interest

of any person or entity (other than the United States) in or

to the trust land that is in existence before the date of enactment of this Act;

(2) enlarges, impairs, or otherwise affects a right or claim

of the Pueblos to any land or interest in land based on

Aboriginal or Indian title that is in existence before the date

of enactment of this Act;
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(3) constitutes an express or implied reservation of water

or water right for any purpose with respect to the trust land;

or

(4) affects any water right of the Pueblos in existence

before the date of enactment of this act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.