A bill to declare that the United States holds in trust for the Pueblo of Zia certain public domain lands.
PL 95-499 (S.2358), enacted 10/21/1978

PUBLIC LAW 95-499—OCT. 21, 1978 
92 STAT. 1679 
Public Law 95-499 
. 
95th Congress 
An Act 
To declare that the United States holds in trust for the Pueblo of Zia certain 
Oct. 21, 1978 
public domain lands. 
[S. 2358] 
Be it eTMcted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That all right, title, Indians, 
and interest of the United States in the following lands situated within Pueblo of Zia, 
Sandoval County in the State of New Mexico are hereby declared N.Mex. 
to be held by the United States in trust for the benefit and use of the ^^^^ >
° trust-
Pueblo of Zia: 
NEW MEXICO PRINCIPAL MERIDIAN 
Township 14 North, Range 1 East 
Section 3: 
Lots 2,3,4, 
Southwest quarter northeast quarter, 
West half southeast quarter, 
Southwest quarter. 
Southeast quarter southeast quarter. 
South half northwest quarter. 
Township 15 North, Range 1 East 
Section 10: Lot 4, 
Section 11: South half south half, 
Section 13: 
Southeast quarter, 
West half, 
Section 14: All, 
' 
Section 16: 
Lotsl, 2, 3,4, 
Southwest quarter, 
West half southeast quarter. 
Section 22: All, 
Section 23: 
West half northeast quarter, 
Northeast quarter northeast quarter. 
Southeast quarter, 
West half. 
Section 24: North half north half. 
Section 26: North half northwest quarter. 
Section 27: All, 
Section 34: 
Southwest quarter. 
Northwest quarter. 
Northeast quarter, 
Containing 4,848.13 acres, more or less. 
SEC. 2. The Secretary of the Interior shall publish in the Federal Publication in 
Register the boundaries and descriptions of the lands declared to be Federal Register, 
held in trust by this Act. 
SEC. 3. All of the right, title, and interest of the United States in all 
minerals, including gas and oil, underlying the lands hereby declared 
92 STAT. 1680 
PUBLIC LAW 95-499—OCT. 21, 1978 
Title documents. 
Roadway right-of-
way. 
to be held in trust for the Pueblo of Zia, are hereby declared to be 
held by the United States in trust for the benefit and use of the 
Pueblo of Zia. 
SEC. 4. (a) Nothin;^ in this Act shall deprive any person of any 
valid existing right of use, possession, contract right, interest, or title 
which that person may have in any of the trust lands within the 
purview of this Act, or of any existing right of access to public domain 
lands over and across such trust lands, as determined by the Secretary 
of the Interior. All existing mineral leases involving lands declared to 
be held in trust by this Act, including oil and gas leases, which may 
have been issued or approved pursuant to Federal law, prior to enact-
ment of this Act, shall remain in force and effect in accordance with 
the provisions thereof. Notwithstanding any other provision of law, 
all applications for mineral leases involving such lands, including oil 
and gas leases, pending on the date of enactment of this Act shall be 
rejected and the advance rental payments returned to the applicants. 
(b) Subject to the provisions of subsection (a) of this section, the 
property declared to be held in trust by this Act for the benefit and 
use of the Pueblo of Zia shall hereafter be administered in accordance 
with the laws and regulations applicable to other property held in 
trust by the United States for the Indian tribe of such pueblo. 
SEC. 5. All gross receipts (including, but not limited to, bonuses, 
rents, and royalties) hereafter derived by the United States from any 
contract, permit, or lease which relates to the property declared to be 
in trust by this Act received subsequent to the enactment of this Act 
shall be administered in accordance with the laws and regulations 
applicable to receipts from property held in trust by the United States 
for Indian tribes. 
SEC. 6. All property declared to be held in trust for the benefit and 
use of the Pueblo of Zia pursuant to this Act, and all the receipts 
therefrom referred to in section 5 of this Act, shall be exempt from 
Federal. State, and local taxation so long as such property is held in 
trust by the United States. Any distribution of such receipts to tribal 
members shall neither be considered as income or resources of such 
members for purposes of any such taxation nor as income or resources 
or otherwise utilized as the basis for denying or reducing the financial 
assistance or other benefits to which such member or his household 
would otherwise be entitled to under the Social Security Act or any 
other Federal or federally assisted program. 
SEC. 7. (a) The Secretary may execute any title documents necessary 
to effect conveyances authorized by this Act. 
(b) Title to all lands acquired under the provisions of this Act 
shall be taken in the name of the United States in trust for the Pueblo 
of Zia. 
SEC. 8. The transfer and conveyance of title shall be subject to the 
following roadway right-of-way to be for the use and benefit of 
adjacent private landowners, the Bureau of Land Management, its 
permittees, lessees, successors, and assigns: 
(1) Access road through Zia Allotment: A road right-of-way 
50 feet wide over that portion in southeast quarter section 13, 
north half section 24, southeast quarter section 23, north half 
section 26, and north half section 27, all in township 15 north, 
range 1 east, New Mexico principal meridian. 
PUBLIC LAW 95-499—OCT. 21, 1978 
92 STAT. 1681 
Beginning at intersection of State Road 44, thence south-
westerly 1,600 feet to a point of curve, thence westerly 2,100 feet 
to a point of curve, thence southerly 1,100 feet to a point of curve, 
thence southwesterly 2,400 feet to a point of curve, thence 
southerly 2,640 feet of a point of curve, thence southerly 8,500 
feet to a point of curve near the west section line of section 27, 
road being 3.5 miles long (approx.). Distances to a curve are 
scaled distances (approx.) from U.S.G.S. Quadrangle Sheet, Sky 
Village N.E. Quadrangle, and San Ysidro Quadrangle. 
The description was compiled from U.S.G.S. Quadrangle maps 
dated November 1960, and this is only a paper survey. 
(2) Gypsum Mine Access Road: A road right-of-way 50 feet 
wide, over that portion in southeast quarter of section 13, north-
east quarter section 24, west half section 13, and northeast quarter 
section 14, all in township 15 north, range 1 east. New Mexico 
principal meridian. 
Beginning at the intersection of Gypsum mine access road and 
access road through lands known as Zia Allotment being 500 feet 
southwesterly from State Road 44, thence northwesterly 6,500 
feet near the east line of section 14. Distances to the termination 
of road are scaled distances (approx.) from U.S.G.S. Quad-
rangle Sheet, San Ysidro Quadrangle. 
This description was compiled from U.S.G.S. Quadrangle 
map dated November 1960, and this is only a paper survey. 
SEC. 9. (a) Notwithstanding any other provision of this Act, during 
the 3 years following enactment of this Act, the Secretary may, after 
giving the tribe 30 days written notice and after consulting with the 
tribe, enter on the lands described in the first section of this Act to 
identify, investigate, examine, and remove any paleontological 
resources from such lands: Provided, That no explorations, surveys, or 
excavations shall be authorized within a 200-yard radius of the follow-
ing shrines or religious sites: 
(1) Tiam (Eagle Peak, Eagle Rock, Eagle Point); 
(2) Hu-nali-'kah-'kah-Warish (Cherry Spring); 
(3) Pah-Pah (Grandma); 
(4) Ku-Mah-Yah-Wish (Mudhead) ; 
(5) Punaya; 
(6) Grash-Yeh-Tey-Sham (White Points). 
Such resources so removed are the property of the United States and 
shall be administered under laws applicable to federally owned re-
sources. Paleontological resources on such lands that are not removed 
from the lands pursuant to this section shall be managed in a manner 
that will permit the greatest possible public benefits, use, and study 
of the resources, consistent with tribal law and practices. 
Paleontological 
resources, access, 
notice and 
consultation. 
39-194 O—80—pt. 2 
26 : QL3 
92 STAT. 1682 
PUBLIC LAW 95-499—OCT. 21, 1978 
(b) Any lands excavated pursuant to this section shall be reclaimed 
and restored to their original condition by the Secretary, as nearly as 
he determines may be practicable. 
Approved October 21, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT! No. 95-1220, accompanying H.R. 10240|(Comm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 95-1131 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 6, considered and passed Senate. 
Oct. 3, H.R. 10240 considered and passed House; passage vacated, and S. 2358, 
amended, passed in lieu. 
Oct. 7, Senate concurred in House amendments.