II 

Calendar No. 124

108TH CONGRESS 

1ST SESSION S. 246

[Report No. 108–60] 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2003

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

JUNE 9, 2003

Reported by Mr. DOMENICI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL

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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S 246 RS 

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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S 246 RS 

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. New Mexico, as part of the 

14 Santa Clara 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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S 246 RS 

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. New Mexico, as part of the 

2 San Ildefonso 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) IN GENERAL.—Beginning on the date of enact25 ment of this Act—
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1 (1) the land held in trust under section 2(a) 

2 shall be declared to be a part of the Santa Clara In3 dian Reservation; and

4 (2) the land held in trust under section 3(a) 

5 shall be declared to be a part of the San Ildefonso 

6 Indian Reservation. 

7 (b) APPLICABLE LAW.—

8 (1) IN GENERAL.—The trust land shall be ad9 ministered in accordance with any law (including 

10 regulations) or court order generally applicable to 

11 property held in trust by the United States for In12 dian tribes. 

13 (2) PUEBLO LANDS ACT.—The following shall 

14 be subject to section 17 of the Act of June 7, 1924 

15 (commonly known as the ‘‘Pueblo Lands Act’’) (25 

16 U.S.C. 331 note): 

17 (A) The trust land. 

18 (B) Any land owned as of the date of en19 actment of this Act or acquired after the date 

20 of enactment of this Act by the Pueblo of Santa 

21 Clara in the Santa Clara Pueblo Grant. 

22 (C) Any land owned as of the date of en23 actment of this Act or acquired after the date 

24 of enactment of this Act by the Pueblo of San 

25 Ildefonso in the San Ildefonso Pueblo Grant. 
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1 (c) USE OF TRUST LAND.—

2 (1) IN GENERAL.—Subject to the criteria devel3 oped under paragraph (2), the trust land may be 

4 used only for—

5 (A) traditional and customary uses; or 

6 (B) stewardship conservation for the ben7 efit of the Pueblo for which the trust land is 

8 held in trust. 

9 (2) CRITERIA.—The Secretary shall work with 

10 the Pueblos to develop appropriate criteria for using 

11 the trust land in a manner that preserves the trust 

12 land for traditional and customary uses or steward13 ship conservation. 

14 (3) LIMITATION.—Beginning on the date of en15 actment of this Act, the trust land shall not be used 

16 for any new commercial developments. 

17 SEC. 6. EFFECT. 

18 Nothing in this Act—

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

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

21 right or interest of a person or entity (other than 

22 the United States) that is—

23 (A) in or to the trust land; and 

24 (B) in existence before the date of enact25 ment of this Act; 
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1 (2) enlarges, impairs, or otherwise affects a 

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

3 in land that is—

4 (A) based on Aboriginal or Indian title; 

5 and 

6 (B) in existence before the date of enact7 ment of this Act; 

8 (3) constitutes an express or implied reservation 

9 of water or water right with respect to the trust 

10 land; or 

11 (4) affects any water right of the Pueblos in ex12 istence before the date of enactment of this Act.

13 (a) APPLICABLE LAW.—The trust land shall be admin14 istered in accordance with laws generally applicable to 

15 property held in trust by the United States for Indian 

16 tribes. 

17 (b) PUEBLO LANDS ACT.—The following shall be sub18 ject to section 17 of the Act of June 7, 1924 (25 U.S.C. 

19 331 note; commonly known as the ‘‘Pueblo Lands Act’’): 

20 (1) The trust land. 

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

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

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

24 Clara Pueblo Grant. 
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1 (3) Any land owned as of the date of enactment 

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

3 this Act by the Pueblo of Santa Ildefonso in the San 

4 Ildefonso Pueblo Grant. 

5 (c) USE OF TRUST LAND.—Subject to criteria devel6 oped by the Pueblos in concert with the Secretary, the trust 

7 land may be used only for traditional and customary uses 

8 or stewardship conservation for the benefit of the Pueblo for 

9 which the trust land is held in trust. Beginning on the date 

10 of enactment of this Act, the trust land shall not be used 

11 for any new commercial developments. 

12 SEC. 6. EFFECT. 

13 Nothing in this Act—

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

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

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

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

18 existence before the date of enactment of this Act; 

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

20 or claim of the Pueblos to any land or interest in 

21 land based on Aboriginal or Indian title that is in ex22 istence before the date of enactment of this Act; 

23 (3) constitutes an express or implied reservation 

24 of water or water right for any purpose with respect 

25 to the trust land; or 
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1 (4) affects any water right of the Pueblos in ex2 istence before the date of enactment of this act.
Calendar No. 124

108TH CONGRESS 

1ST SESSION S. 246

[Report No. 108–60] 

A BILL

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. 

JUNE 9, 2003

Reported with amendments