II 

108TH CONGRESS 

1ST SESSION S. 246

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 

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,

3 SECTION 1. DEFINITIONS. 

4 In this Act: 

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

6 means the agreement entitled ‘‘Agreement to Affirm 

7 Boundary Between Pueblo of Santa Clara and Pueb8 lo of San Ildefonso Aboriginal Lands Within Garcia 
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1 Canyon Tract’’, entered into by the Governors on 

2 December 20, 2000. 

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

4 line’’ means the boundary line established under sec5 tion 4(a). 

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

7 means—

8 (A) the Governor of the Pueblo of Santa 

9 Clara, New Mexico; and 

10 (B) the Governor of the Pueblo of San 

11 Ildefonso, New Mexico. 

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

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

14 Indian Self-Determination and Education Assistance 

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

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

17 (A) the Pueblo of Santa Clara, New Mex18 ico; and 

19 (B) the Pueblo of San Ildefonso, New Mex20 ico. 

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

22 the Secretary of the Interior. 

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

24 means the land held by the United States in trust 

25 under section 2(a) or 3(a). 
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1 SEC. 2. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW 

2 MEXICO. 

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

4 United States in and to the land described in subsection 

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

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

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

8 of Santa Clara, New Mexico. 

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

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

11 Bureau of Land Management land located in Rio Arriba 

12 County, New Mexico, and more particularly described 

13 as—

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

15 New Mexico Principal Meridian, that is located 

16 north of the boundary line; 

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

18 23, New Mexico Principal Meridian; 

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

20 24, New Mexico Principal Meridian; 

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

22 5-acre tract in the southeast quarter owned by the 

23 Pueblo of San Ildefonso; 

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

25 New Mexico Principal Meridian, that is located 

26 north and east of the boundary line; 
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1 (6) the portion of T. 20 N., R. 7 E., Sec. 27, 

2 New Mexico Principal Meridian, that is located 

3 north of the boundary line; 

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

5 New Mexico Principal Meridian, that is not included 

6 in the Santa Clara Pueblo Grant or the Santa Clara 

7 Indian Reservation; and 

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

9 that is not included in the Santa Clara Pueblo Grant 

10 or the San Ildefonso Grant. 

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

12 MEXICO. 

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

14 United States in and to the land described in subsection 

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

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

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

18 of San Ildefonso, New Mexico. 

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

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

21 Bureau of Land Management land located in Rio Arriba 

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

23 and more particularly described as—
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1 (1) the portion of T. 20 N., R. 7 E., Sec. 22, 

2 New Mexico Principal Meridian, that is located 

3 south of the boundary line; 

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

5 New Mexico Principal Meridian, that is located 

6 south and west of the boundary line; 

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

8 New Mexico Principal Meridian, that is located 

9 south of the boundary line; 

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

11 Principal Meridian; and 

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

13 New Mexico Principal Meridian, that is not included 

14 in the San Ildefonso Pueblo Grant. 

15 SEC. 4. SURVEY AND LEGAL DESCRIPTIONS. 

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

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

18 of the Bureau of Land Management shall, in accordance 

19 with the Agreement, complete a survey of the boundary 

20 line established under the Agreement for the purpose of 

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

22 the boundaries of the trust land. 

23 (b) LEGAL DESCRIPTIONS.—
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1 (1) PUBLICATION.—On approval by the Gov2 ernors of the survey completed under subsection (a), 

3 the Secretary shall publish in the Federal Register—

4 (A) a legal description of the boundary 

5 line; and 

6 (B) legal descriptions of the trust land. 

7 (2) TECHNICALCORRECTIONS.—Before the 

8 date on which the legal descriptions are published 

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

10 any technical errors in the descriptions of the trust 

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

12 that the descriptions are consistent with the terms 

13 of the Agreement. 

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

15 the legal descriptions are published under paragraph 

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

17 legal descriptions of the trust land. 

18 SEC. 5. ADMINISTRATION OF TRUST LAND. 

19 (a) IN GENERAL.—Beginning on the date of enact20 ment of this Act—

21 (1) the land held in trust under section 2(a) 

22 shall be declared to be a part of the Santa Clara In23 dian Reservation; and 
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1 (2) the land held in trust under section 3(a) 

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

3 Indian Reservation. 

4 (b) APPLICABLE LAW.—

5 (1) IN GENERAL.—The trust land shall be ad6 ministered in accordance with any law (including 

7 regulations) or court order generally applicable to 

8 property held in trust by the United States for In9 dian tribes. 

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

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

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

13 U.S.C. 331 note): 

14 (A) The trust land. 

15 (B) Any land owned as of the date of en16 actment of this Act or acquired after the date 

17 of enactment of this Act by the Pueblo of Santa 

18 Clara in the Santa Clara Pueblo Grant. 

19 (C) Any land owned as of the date of en20 actment of this Act or acquired after the date 

21 of enactment of this Act by the Pueblo of San 

22 Ildefonso in the San Ildefonso Pueblo Grant. 

23 (c) USE OF TRUST LAND.—
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1 (1) IN GENERAL.—Subject to the criteria devel2 oped under paragraph (2), the trust land may be 

3 used only for—

4 (A) traditional and customary uses; or 

5 (B) stewardship conservation for the ben6 efit of the Pueblo for which the trust land is 

7 held in trust. 

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

9 the Pueblos to develop appropriate criteria for using 

10 the trust land in a manner that preserves the trust 

11 land for traditional and customary uses or steward12 ship conservation. 

13 (3) LIMITATION.—Beginning on the date of en14 actment of this Act, the trust land shall not be used 

15 for any new commercial developments. 

16 SEC. 6. EFFECT. 

17 Nothing in this Act—

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

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

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

21 the United States) that is—

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

23 (B) in existence before the date of enact24 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.

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