Pueblo de San Ildefonso Claims Settlement Act of 2005
PL 109-286 (S.1773), enacted 09/27/2006

120 STAT. 1218
PUBLIC LAW 109–286—SEPT. 27, 2006
Public Law 109–286
109th Congress
An Act
To resolve certain Native American claims in New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Pueblo de San Ildefonso Claims
Settlement Act of 2005’’.
SEC. 2. DEFINITIONS AND PURPOSES.
(a) DEFINITIONS.—In this Act:
(1) ADMINISTRATIVE
ACCESS.—The term ‘‘administrative
access’’ means the unrestricted use of land and interests in
land for ingress and egress by an agency of the United States
(including a permittee, contractor, agent, or assignee of the
United States) in order to carry out an activity authorized
by law or regulation, or otherwise in furtherance of the manage-
ment of federally-owned land and resources.
(2) COUNTY.—The term ‘‘County’’ means the incorporated
county of Los Alamos, New Mexico.
(3) LOS ALAMOS AGREEMENT.—The term ‘‘Los Alamos Agree-
ment’’ means the agreement among the County, the Pueblo,
the Department of Agriculture Forest Service, and the Bureau
of Indian Affairs dated January 22, 2004.
(4) LOS ALAMOS TOWNSITE LAND.—‘‘Los Alamos Townsite
Land’’ means the land identified as Attachment B (dated
December 12, 2003) to the Los Alamos Agreement.
(5) NORTHERN TIER LAND.—‘‘Northern Tier Land’’ means
the land comprising approximately 739.71 acres and identified
as ‘‘Northern Tier Lands’’ in Appendix B (dated August 3,
2004) to the Settlement Agreement.
(6) PENDING LITIGATION.—The term ‘‘Pending Litigation’’
means the case styled Pueblo of San Ildefonso v. United States,
Docket Number 354, originally filed with the Indian Claims
Commission and pending in the United States Court of Federal
Claims on the date of enactment of this Act.
(7) PUEBLO.—The term ‘‘Pueblo’’ means the Pueblo de San
Ildefonso, a federally recognized Indian tribe (also known as
the ‘‘Pueblo of San Ildefonso’’).
(8) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agree-
ment’’ means the agreement entitled ‘‘Settlement Agreement
between the United States and the Pueblo de San Ildefonso
to Resolve All of the Pueblo’s Land Title and Trespass Claims’’
and dated June 7, 2005.
25 USC 1780.
25 USC 1780
note.
Pueblo de San
Ildefonso Claims
Settlement Act of
2005.
Sept. 27, 2006
[S. 1773]
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120 STAT. 1219
PUBLIC LAW 109–286—SEPT. 27, 2006
(9) SETTLEMENT AREA LAND.—The term ‘‘Settlement Area
Land’’ means the National Forest System land located within
the Santa Fe National Forest, as described in Appendix B
to the Settlement Agreement, that is available for purchase
by the Pueblo under section 9(a) of the Settlement Agreement.
(10) SETTLEMENT
FUND.—The term ‘‘Settlement Fund’’
means the Pueblo de San Ildefonso Land Claims Settlement
Fund established by section 6.
(11) SISK ACT.—The term ‘‘Sisk Act’’ means Public Law
90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(12) WATER SYSTEM LAND.—The term ‘‘Water System Land’’
means the federally-owned land located within the Santa Fe
National Forest to be conveyed to the County under the Los
Alamos Agreement.
(b) PURPOSES.—The purposes of this Act are—
(1) to finally dispose, as set forth in sections 4 and 5,
of all rights, claims, or demands that the Pueblo has asserted
or could have asserted against the United States with respect
to any and all claims in the Pending Litigation;
(2) to extinguish claims based on aboriginal title, Indian
title, or recognized title, or any other title claims under section
5;
(3) to authorize the Pueblo to acquire the Settlement Area
Land, and to authorize the Secretary of Agriculture to convey
the Water System Land, the Northern Tier Land, and the
Los Alamos Townsite Land for market value consideration,
and for such consideration to be paid to the Secretary of Agri-
culture for the acquisition of replacement National Forest land
elsewhere in New Mexico;
(4) to provide that the Settlement Area Land acquired
by the Pueblo shall be held by the Secretary of the Interior
in trust for the benefit of the Pueblo;
(5) 
to 
facilitate 
government-to-government 
relations
between the United States and the Pueblo regarding coopera-
tion in the management of certain land administered by the
National Park Service and the Bureau of Land Management
as described in sections 7 and 8 of the Settlement Agreement;
(6) to ratify the Settlement Agreement; and,
(7) to ratify the Los Alamos Agreement.
SEC. 3. RATIFICATION OF AGREEMENTS.
(a) RATIFICATION.—The Settlement Agreement and Los Alamos
Agreement are ratified under Federal law, and the parties to those
agreements are authorized to carry out the provisions of the agree-
ments.
(b) CORRECTIONS AND MODIFICATIONS.—The respective parties
to the Settlement Agreement and the Los Alamos Agreement are
authorized, by mutual agreement, to correct errors in any legal
description or maps, and to make minor modifications to those
agreements.
SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.
(a) DISMISSAL.—Not later than 90 days after the date of enact-
ment of this Act, the United States and the Pueblo shall execute
and file with the United States Court of Federal Claims in the
Pending Litigation a motion for entry of final judgment in accord-
ance with section 5 of the Settlement Agreement.
Deadline.
25 USC 1780b.
25 USC 1780a.
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120 STAT. 1220
PUBLIC LAW 109–286—SEPT. 27, 2006
(b) COMPENSATION.—Upon entry of the final judgment under
subsection (a), $6,900,000 shall be paid into the Settlement Fund
as compensation to the Pueblo in accordance with section 1304
of title 31, United States Code.
SEC. 5. RESOLUTION OF CLAIMS.
(a) EXTINGUISHMENTS.—Except as provided in subsection (b),
in consideration of the benefits of the Settlement Agreement, and
in recognition of the agreement of the Pueblo to the Settlement
Agreement, all claims of the Pueblo against the United States
(including any claim against an agency, officer, or instrumentality
of the United States) are relinquished and extinguished, including—
(1) any claim to land based on aboriginal title, Indian
title, or recognized title;
(2) any claim for damages or other judicial relief or for
administrative remedies that were brought, or that were
knowable and could have been brought, on or before the date
of the Settlement Agreement;
(3) any claim relating to—
(A) any federally-administered land, including National
Park System land, National Forest System land, Public
land administered by the Bureau of Land Management,
the Settlement Area Land, the Water System Land, the
Northern Tier Land, and the Los Alamos Townsite Land;
and
(B) any land owned by, or held for the benefit of,
any Indian tribe other than the Pueblo; and
(4) any claim that was, or that could have been, asserted
in the Pending Litigation.
(b) EXCEPTIONS.—Nothing in this Act or the Settlement Agree-
ment shall in any way extinguish or otherwise impair—
(1) the title of record of the Pueblo to land held by or
for the benefit of the Pueblo, as identified in Appendix D
to the Settlement Agreement, on or before the date of enactment
of this Act; and,
(2) the title of the Pueblo to the Pueblo de San Ildefonso
Grant, including, as identified in Appendix D to the Settlement
Agreement—
(A) the title found by the United States District Court
for the District of New Mexico in the case styled United
States v. Apodoca (Number 2031, equity: December 5, 1930)
not to have been extinguished; and
(B) title to any land that has been reacquired by the
Pueblo pursuant to the Act entitled ‘‘An Act to quiet the
title to lands within Pueblo Indian land grants, and for
other purposes’’, approved June 7, 1924 (43 Stat. 636,
chapter 331);
(3) the water rights of the Pueblo appurtenant to the land
described in paragraphs (1) and (2); and
(4) any rights of the Pueblo or a member of the Pueblo
under Federal law relating to religious or cultural access to,
and use of, Federal land.
(c) PREVIOUS EXTINGUISHMENTS UNIMPAIRED.—Nothing in this
Act affects any prior extinguishments of rights or claims of the
Pueblo which may have occurred by operation of law.
(d) BOUNDARIES AND TITLE UNAFFECTED.—
25 USC 1780c.
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120 STAT. 1221
PUBLIC LAW 109–286—SEPT. 27, 2006
(1) BOUNDARIES.—Nothing in this Act affects the location
of the boundaries of the Pueblo de San Ildefonso Grant.
(2) RIGHTS, TITLE, AND
INTEREST.—Nothing in this Act
affects, ratifies, or confirms the right, title, or interest of the
Pueblo in the land held by, or for the benefit of, the Pueblo,
including the land described in Appendix D of the Settlement
Agreement.
SEC. 6. SETTLEMENT FUND.
(a) ESTABLISHMENT.—There is established in the Treasury a
fund to be known as the ‘‘Pueblo de San Ildefonso Land Claims
Settlement Fund’’.
(b) CONDITIONS.—Monies deposited in the Settlement Fund
shall be subject to the following conditions:
(1) MAINTENANCE AND INVESTMENT.—The Settlement Fund
shall be maintained and invested by the Secretary of the
Interior pursuant to the Act of June 24, 1938 (25 U.S.C. 162a).
(2) USE OF FUNDS.—Subject to paragraph (3), monies depos-
ited into the Settlement Fund shall be expended by the
Pueblo—
(A) to acquire the federally administered Settlement
Area Land;
(B) to pay for the acquisition of the Water System
Land, as provided in the Los Alamos Agreement; and
(C) at the option of the Pueblo, to acquire other land.
(3) EFFECT
OF
WITHDRAWAL.—If the Pueblo withdraws
monies from the Settlement Fund, neither the Secretary of
the Interior nor the Secretary of the Treasury shall retain
any oversight over, or liability for, the accounting, disburse-
ment, or investment of the withdrawn funds.
(4) PER
CAPITA
DISTRIBUTION.—No portion of the funds
in the Settlement Fund may be paid to Pueblo members on
a per capita basis.
(5) ACQUISITION OF LAND.—The acquisition of land with
funds from the Settlement Fund shall be on a willing-seller,
willing-buyer basis, and no eminent domain authority may
be exercised for purposes of acquiring land for the benefit
of the Pueblo under this Act.
(6) EFFECT OF OTHER LAWS.—The Act of October 19, 1973
(Public Law 93–134; 87 Stat. 466) and section 203 of the Amer-
ican Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4023) shall not apply to the Settlement Fund.
SEC. 7. LAND OWNERSHIP ADJUSTMENTS.
(a) AUTHORIZATION.—
(1) IN GENERAL.—The Secretary of Agriculture may sell
the Settlement Area Land, Water System Land, and Los Alamos
Townsite Land, on such terms and conditions as are agreed
upon and described in the Settlement Agreement and the Los
Alamos Agreement, including reservations for administrative
access and other access as shown on Appendix B of the Settle-
ment Agreement.
(2) EFFECT OF CLAIMS AND CAUSE OF ACTION.—Consider-
ation for any land authorized for sale by the Secretary of
Agriculture shall not be offset or reduced by any claim or
cause of action by any party to whom the land is conveyed.
(b) CONSIDERATION.—The consideration to be paid for the Fed-
eral land authorized for sale in subsection (a) shall be—
25 USC 1780e.
25 USC 1780d.
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120 STAT. 1222
PUBLIC LAW 109–286—SEPT. 27, 2006
(1) for the Settlement Area Land and Water System Land,
the consideration agreed upon in the Settlement Agreement;
and
(2) for the Los Alamos Townsite Land, the current market
value based on an appraisal approved by the Forest Service
as being in conformity with the latest edition of the Uniform
Appraisal Standards for Federal Land Acquisitions.
(c) DISPOSITION OF RECEIPTS.—
(1) IN GENERAL.—All monies received by the Secretary of
Agriculture from the sale of National Forest System land as
authorized by this Act, including receipts from the Northern
Tier Land, shall be deposited into the fund established in
the Treasury of the United States pursuant to the Sisk Act
and 
shall 
be 
available, 
without 
further 
appropriation,
authorization, or administrative apportionment for the pur-
chase of land by the Secretary of Agriculture for National
Forest System purposes in the State of New Mexico, and for
associated administrative costs.
(2) USE OF FUNDS.—Funds deposited in a Sisk Act fund
pursuant to this Act shall not be subject to transfer or re-
programming for wildlands fire management or any other emer-
gency purposes, or used to reimburse any other account.
(3) ACQUISITIONS OF LAND.—In expending funds to exercise
its rights under the Settlement Agreement and the Los Alamos
Agreement with respect to the acquisition of the Settlement
Area Land, the County’s acquisitions of the Water System
Land, and the Northern Tier Land (if the Pueblo exercises
an option to purchase the Northern Tier Land as provided
in section 12(b)(2)(A), the Pueblo shall use only funds in the
Settlement Fund and shall not augment those funds from any
other source.
(d) VALID EXISTING RIGHTS AND RESERVATIONS.—
(1) IN GENERAL.—The Settlement Area Land acquired by
the Pueblo shall be subject to all valid existing rights on the
date of enactment of this Act, including rights of administrative
access.
(2) WATER
RIGHTS.—No water rights shall be conveyed
by the United States.
(3) SPECIAL USE AUTHORIZATION.—
(A) IN GENERAL.—Nothing in this Act shall affect the
validity of any special use authorization issued by the
Forest Service within the Settlement Area Land, except
that such authorizations shall not be renewed upon expira-
tion.
(B) REASONABLE ACCESS.—For access to valid occupan-
cies within the Settlement Area Land, the Pueblo and
the Secretary of the Interior shall afford rights of reason-
able access commensurate with that provided by the Sec-
retary of Agriculture on or before the date of enactment
of this Act.
(4) WATER SYSTEM LAND AND LOS ALAMOS TOWNSITE LAND.—
The Water System Land and Los Alamos Townsite Land
acquired by the County shall be subject to—
(A) all valid existing rights; and
(B) the rights reserved by the United States under
the Los Alamos Agreement.
(5) PRIVATE LANDOWNERS.—
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120 STAT. 1223
PUBLIC LAW 109–286—SEPT. 27, 2006
(A) IN GENERAL.—Upon acquisition by the Pueblo of
the Settlement Area Land, the Secretary of the Interior,
acting on behalf of the Pueblo and the United States,
shall execute easements in accordance with any right
reserved by the United States for the benefit of private
landowners owning property that requires the use of Forest
Development Road 416 (as in existence on the date of
enactment of this Act) and other roads that may be nec-
essary to provide legal access into the property of the
landowners, as the property is used on the date of this
Act.
(B) MAINTENANCE OF ROADS.—Neither the Pueblo nor
the United States shall be required to maintain roads
for the benefit of private landowners.
(C) EASEMENTS.—Easements shall be granted, without
consideration, to private landowners only upon application
of such landowners to the Secretary.
(e) FOREST DEVELOPMENT ROADS.—
(1) UNITED STATES RIGHT TO USE.—Subject to any right-
of-way to use, cross, and recross a road, the United States
shall reserve and have free and unrestricted rights to use,
operate, maintain, and reconstruct (at the same level of develop-
ment, as in existence on the date of the Settlement Agreement),
those sections of Forest Development Roads 57, 442, 416, 416v,
445 and 445ca referenced in Appendix B of the Settlement
Agreement for any and all public and administrative access
and other Federal governmental purposes, including access by
Federal employees, their agents, contractors, and assigns
(including those holding Forest Service permits).
(2) CERTAIN ROADS.—Notwithstanding paragraph (1), the
United States—
(A) may improve Forest Development Road 416v
beyond the existing condition of that road to a high clear-
ance standard road (level 2); and
(B) shall have unrestricted administrative access and
non-motorized public trail access to the portion of Forest
Development Road 442 depicted in Appendix B to the
Settlement Agreement.
(f) PRIVATE MINING OPERATIONS.—
(1) COPAR PUMICE
MINE.—The United States and the
Pueblo shall allow the COPAR Pumice Mine to continue to
operate as provided in the Contract For The Sale Of Mineral
Materials dated May 4, 1994, and for COPAR to use portions
of Forest Development Roads 57, 442, 416, and other designated
roads within the area described in the contract, for the period
of the contract and thereafter for a period necessary to reclaim
the site.
(2) CONTINUING JURISDICTION.—
(A) ADMINISTRATION.—Continuing jurisdiction of the
United States over the contract for the sale of mineral
materials shall be administered by the Secretary of the
Interior.
(B) EXPIRATION OF CONTRACT.—Upon expiration of the
contract described in subparagraph (A), jurisdiction over
reclamation shall be assumed by the Secretary of the
Interior.
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PUBLIC LAW 109–286—SEPT. 27, 2006
(3) EFFECT ON EXISTING RIGHTS.—Nothing in this Act limits
or enhances the rights of COPAR under the Contract For The
Sale Of Mineral Materials dated May 4, 1994.
SEC. 8. CONVEYANCES.
(a) AUTHORIZATION.—
(1) CONSIDERATION
FROM
PUEBLO.—Upon receipt of the
consideration from the Pueblo for the Settlement Area Land
and the Water System Land, the Secretary of Agriculture shall
execute and deliver—
(A) to the Pueblo, a quitclaim deed to the Settlement
Area Land; and
(B) to the County, a quitclaim deed to the Water
System Land, reserving—
(i) a contingent remainder in the United States
in trust for the benefit of the Pueblo in accordance
with the Los Alamos Agreement; and
(ii) a right of access for the United States for
the Pueblo for ceremonial and other cultural purposes.
(2) CONSIDERATION
FROM
COUNTY.—Upon receipt of the
consideration from the County for all or a portion of the Los
Alamos Townsite Land, the Secretary of Agriculture shall exe-
cute and deliver to the County a quitclaim deed to all or
portions of such land, as appropriate.
(3) EXECUTION.—An easement or deed of conveyance by
the Secretary of Agriculture under this Act shall be executed
by the Director of Lands and Minerals, Forest Service, South-
western Region, Department of Agriculture.
(b) AUTHORIZATION FOR PUEBLO TO CONVEY IN TRUST.—Upon
receipt by the Pueblo of the quitclaim deed to the Settlement
Land under subsection (a)(1), the Pueblo may quitclaim the Settle-
ment Land to the United States, in trust for the Pueblo.
(c) 
ADEQUACY
OF
CONVEYANCE
INSTRUMENTS.—Notwith-
standing the status of the Federal land as public domain or acquired
land, no instrument of conveyance other than a quitclaim deed
shall be required to convey the Settlement Area Land, the Water
System Land, the Northern Tier Land, or the Los Alamos Townsite
Land under this Act.
(d) SURVEYS.—The Secretary of Agriculture is authorized to
perform and approve any required cadastral survey.
(e) CONTRIBUTIONS.—Notwithstanding section 3302 of title 31,
United States Code, or any other provision of law, the Secretary
of Agriculture may accept and use contributions of cash or services
from the Pueblo, other governmental entities, or other persons—
(1) to perform and complete required cadastral surveys
for the Settlement Area Land, the Water System Land, the
Northern Tier Land, or the Los Alamos Townsite Land, as
described in the Settlement Agreement or the Los Alamos
Agreement; and
(2) to carry out any other project or activity under—
(A) this Act;
(B) the Settlement Agreement; or
(C) the Los Alamos Agreement.
SEC. 9. TRUST STATUS AND NATIONAL FOREST BOUNDARIES.
(a) OPERATION OF LAW.—Without any additional administrative
action by the Secretary of Agriculture or the Secretary of the
Interior—
25 USC 1780g.
25 USC 1780f.
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120 STAT. 1225
PUBLIC LAW 109–286—SEPT. 27, 2006
(1) on recording the quitclaim deed or deeds from the
Pueblo to the United States in trust for the Pueblo under
section 8(b) in the Land Titles and Records Office, Southwest
Region, Bureau of Indian Affairs—
(A) the Settlement Area Land shall be held in trust
by the United States for the benefit of the Pueblo; and
(B) the boundaries of the Santa Fe National Forest
shall be deemed to be modified to exclude from the National
Forest System the Settlement Area Land; and
(2) on recording the quitclaim deed or deeds from the
Secretary of Agriculture to the County of the Water System
Land in the county land records, the boundaries of the Santa
Fe National Forest shall be deemed to be modified to exclude
from the National Forest System the Water System Land.
(b) FUTURE INTERESTS.—If fee title to the Water System Land
vests in the Pueblo by conveyance or operation of law, the Water
System Land shall be deemed to be held in trust by the United
States for the benefit of the Pueblo, without further administrative
procedures or environmental or other analyses.
(c) NONINTERCOURSE ACT.—Any land conveyed to the Secretary
of the Interior in trust for the Pueblo or any other tribe in accord-
ance with this Act shall be—
(1) subject to the Act of June 30, 1834 (25 U.S.C. 177);
and
(2) treated as reservation land.
SEC. 10. INTERIM MANAGEMENT.
Subject to valid existing rights, prior to the conveyance under
section 9, the Secretary of Agriculture, with respect to the Settle-
ment Area Land, the Water System Land, the Northern Tier Land,
and the Los Alamos Townsite Land—
(1) shall not encumber or dispose of the land by sale,
exchange, or special use authorization, in such a manner as
to substantially reduce the market value of the land;
(2) shall take any action that the Secretary determines
to be necessary or desirable—
(A) to protect the land from fire, disease, or insect
infestation; or
(B) to protect lives or property; and
(3) may, in consultation with the Pueblo or the County,
as appropriate, authorize a special use of the Settlement Area
Land, not to exceed 1 year in duration.
SEC. 11. WITHDRAWAL.
Subject to valid existing rights, the land referenced in the
notices of withdrawal of land in New Mexico (67 Fed. Reg. 7193;
68 Fed. Reg. 75628) is withdrawn from all location, entry, and
patent under the public land laws and mining and mineral leasing
laws of the United States, including geothermal leasing laws.
SEC. 12. CONVEYANCE OF THE NORTHERN TIER LAND.
(a) CONVEYANCE AUTHORIZATION.—
(1) IN GENERAL.—Subject to valid existing rights, including
reservations in the United States and any right under this
section, the Secretary of Agriculture shall sell the Northern
Tier Land on such terms and conditions as the Secretary may
prescribe as being in the public interest and in accordance
with this section.
25 USC 1780j.
25 USC 1780i.
25 USC 1780h.
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(2) EFFECT OF PARAGRAPH.—The authorization under para-
graph (1) is solely for the purpose of consolidating Federal
and non-Federal land to increase management efficiency and
is not in settlement or compromise of any claim of title by
any Pueblo, Indian tribe, or other entity.
(b) RIGHTS OF REFUSAL.—
(1) PUEBLO OF SANTA CLARA.—
(A) IN
GENERAL.—In consideration for an easement
under subsection (e)(2), the Pueblo of Santa Clara shall
have an exclusive option to purchase the Northern Tier
Land for the period beginning on the date of enactment
of this Act and ending 90 days thereafter.
(B) RESOLUTION.—Within the period prescribed in
subparagraph (A), the Pueblo of Santa Clara may exercise
its option to acquire the Northern Tier Land by delivering
to the Regional Director of Lands and Minerals, Forest
Service, Southwestern Region, Department of Agriculture,
a resolution of the Santa Clara Tribal Council expressing
the unqualified intent of the Pueblo of Santa Clara to
purchase the land at the offered price.
(C) FAILURE TO ACT.—If the Pueblo of Santa Clara
does not exercise its option to purchase the Northern Tier
Land within the 90-day period under subparagraph (A),
or fails to close on the purchase of such land within 1
year of the date on which the option to purchase was
exercised, the Secretary of Agriculture shall offer the
Northern Tier Land for sale to the Pueblo.
(2) OFFER TO PUEBLO.—
(A) IN GENERAL.—Not later than 90 days after receiving
a written offer from the Secretary of Agriculture under
paragraph (1)(C), the Pueblo may exercise its option to
acquire the Northern Tier Land by delivering to the
Regional Director of Lands and Minerals, Forest Service,
Southwestern Region, a resolution of the Pueblo Tribal
Council expressing the unqualified intent of the Pueblo
to purchase the land at the offered price.
(B) FAILURE OF PUEBLO TO ACT.—If the Pueblo fails
to exercise its option to purchase the Northern Tier Land
within 90 days after receiving an offer from the Secretary
of Agriculture, or fails to close on the purchase of such
land within 1 year of the date on which the option to
purchase was exercised under subparagraph (A), the Sec-
retary of Agriculture may sell or exchange the land to
any third party in such manner and on such terms and
conditions as the Secretary determines to be in the public
interest, including by a competitive process.
(3) EXTENSION OF TIME PERIOD.—The Secretary of Agri-
culture may extend the time period for closing beyond the
1 year prescribed in subsection (b), if the Secretary determines
that additional time is required to meet the administrative
processing requirements of the Federal Government, or for
other reasons beyond the control of either party.
(c) TERMS AND CONDITIONS OF SALE.—
(1) PURCHASE PRICE.—Subject to valid existing rights and
reservations, the purchase price for the Northern Tier Land
sold to the Pueblo of Santa Clara or the Pueblo under subsection
(b) shall be the consideration agreed to by the Pueblo of Santa
Deadline.
Deadline.
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120 STAT. 1227
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Clara pursuant to that certain Pueblo of Santa Clara Tribal
Council Resolution No. 05–01 ‘‘Approving Proposed San
Ildefonso Claims Settlement Act of 2005, and Terms for Pur-
chase of Northern Tier Lands’’ that was signed by Governor
J. Bruce Tafoya in January 2005.
(2) RESERVED RIGHTS.—On the Northern Tier Land, the
United States shall reserve the right to operate, maintain,
reconstruct (at standards in existence on the date of the Settle-
ment Agreement), replace, and use the stream gauge, and to
have unrestricted administrative access over the associated
roads to the gauge (as depicted in Appendix B of the Settlement
Agreement).
(3) CONVEYANCE BY QUITCLAIM DEED.—The conveyance of
the Northern Tier Land shall be by quitclaim deed executed
on behalf of the United States by the Director of Lands and
Minerals, Forest Service, Southwestern Region, Department
of Agriculture.
(d) TRUST STATUS AND FOREST BOUNDARIES.—
(1) ACQUISITION OF LAND BY INDIAN TRIBE.—If the Northern
Tier Land is acquired by an Indian tribe (including a Pueblo
tribe), the land may be reconveyed by quitclaim deed or deeds
back to the United States to be held in trust by the Secretary
of the Interior for the benefit of the tribe, and the Secretary
of the Interior shall accept the conveyance without any addi-
tional administrative action by the Secretary of Agriculture
or the Secretary of the Interior.
(2) LAND HELD IN TRUST.—On recording a quitclaim deed
described in paragraph (1) in the Land Titles and Records
Office, Southwest Region, Bureau of Indian Affairs, the
Northern Tier Land shall be deemed to be held in trust by
the United States for the benefit of the Indian tribe.
(3) BOUNDARIES OF SANTA FE NATIONAL FOREST.—Effective
on the date of a deed described in paragraph (1), the boundaries
of the Santa Fe National Forest shall be deemed modified
to exclude from the National Forest System the land conveyed
by the deed.
(e) INHOLDER AND ADMINISTRATIVE ACCESS.—
(1) FAILURE OF PUEBLO OF SANTA CLARA TO ACT.—
(A) IN GENERAL.—If the Pueblo of Santa Clara does
not exercise its option to acquire the Northern Tier Land,
the Secretary of Agriculture or the Secretary of the Interior,
as appropriate, shall by deed reservations or grants on
land under their respective jurisdiction provide for inholder
and public access across the Northern Tier Land in order
to provide reasonable ingress and egress to private and
Federal land as shown in Appendix B of the Settlement
Agreement.
(B) ADMINISTRATION OF RESERVATIONS.—The Secretary
of the Interior shall administer any such reservations on
land acquired by any Indian tribe.
(2) EFFECT OF ACCEPTANCE.—If the Pueblo of Santa Clara
exercises its option to acquire all of the Northern Tier Land,
the following shall apply:
(A) EASEMENTS TO UNITED STATES.—
(i) DEFINITION OF ADMINISTRATIVE ACCESS.—In this
subparagraph, the term ‘‘administrative access’’ means
access to Federal land by Federal employees acting
Applicability.
Effective date.
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in the course of their official capacities in carrying
out activities on Federal land authorized by law or
regulation, and by agents and contractors of Federal
agencies who have been engaged to perform services
necessary or desirable for fire management and the
health of forest resources, including the cutting and
removal of vegetation, and for the health and safety
of persons on the Federal land.
(ii) EASEMENTS.—
(I) IN GENERAL.—The Pueblo of Santa Clara
shall grant and convey at closing perpetual ease-
ments over the existing roads to the United States
that are acceptable to the Secretary of Agriculture
for administrative access over the Santa Clara Res-
ervation Highway 601 (the Puye Road), from its
intersection with New Mexico State Highway 30,
westerly to its intersection with the Sawyer
Canyon Road (also known as Forest Development
Road 445), thence southwesterly on the Sawyer
Canyon Road to the point at which it exits the
Santa Clara Reservation.
(II) MAINTENANCE OF ROADWAY.—An easement
under this subparagraph shall provide that the
United States shall be obligated to contribute to
maintenance of the roadway commensurate with
actual use.
(B) EASEMENTS TO PRIVATE LANDOWNERS.—Not later
than 180 days after the date of enactment of this Act,
the Pueblo of Santa Clara, in consultation with private
landowners, shall grant and convey a perpetual easement
to the private owners of land within the Northern Tier
Land for private access over Santa Clara Reservation High-
way 601 (Puye Road) across the Santa Clara Indian Res-
ervation from its intersection with New Mexico State High-
way 30, or other designated public road, on Forest Develop-
ment Roads 416, 445 and other roads that may be necessary
to provide access to each individually owned private tract.
(3) APPROVAL.—The Secretary of the Interior shall approve
the conveyance of an easement under paragraph (2) upon
receipt of written approval of the terms of the easement by
the Secretary of Agriculture.
(4) ADEQUATE
ACCESS
PROVIDED
BY
PUEBLO
OF
SANTA
CLARA.—If adequate administrative and inholder access is pro-
vided over the Santa Clara Indian Reservation under paragraph
(2), the Secretary of the Interior—
(A) shall vacate the inholder access over that portion
of Forest Development Road 416 referenced in section
7(e)(5); but
(B) shall not vacate the reservations over the Northern
Tier Land for administrative access under subsection (c)(2).
SEC. 13. INTER–PUEBLO COOPERATION.
(a) DEMARCATION OF BOUNDARY.—The Pueblo of Santa Clara
and the Pueblo may, by agreement, demarcate a boundary between
their respective tribal land within Township 20 North, Range 7
East, in Rio Arriba County, New Mexico, and may exchange or
otherwise convey land between them in that township.
25 USC 1780k.
Deadline.
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(b) ACTION BY SECRETARY OF THE INTERIOR.—In accordance
with any agreement under subsection (a), the Secretary of the
Interior shall, without further administrative procedures or environ-
mental or other analyses—
(1) recognize a boundary between the Pueblo of Santa
Clara and the Pueblo;
(2) provide for a boundary survey;
(3) approve land exchanges and conveyances as agreed
upon by the Pueblo of Santa Clara and the Pueblo; and
(4) accept conveyances of exchanged lands into trust for
the benefit of the grantee tribe.
SEC. 14. DISTRIBUTION OF FUNDS PLAN.
Not later than 2 years after the date of enactment of this
Act, the Secretary of the Interior shall act in accordance with
the Indian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1401 et seq.) with respect to the award entered in the
compromise and settlement of claims under the case styled Pueblo
of San Ildefonso v. United States, No. 660–87L, United States
Court of Federal Claims.
SEC. 15. RULE OF CONSTRUCTION AND JUDICIAL REVIEW.
Notwithstanding any provision of State law, the Settlement
Agreement and the Los Alamos Agreement (including any real
property conveyance under the agreements) shall be interpreted
and implemented as matters of Federal law.
SEC. 16. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this
Act.
SEC. 17. TIMING OF ACTIONS.
It is the intent of Congress that the land conveyances and
adjustments contemplated in this Act (except the conveyances and
adjustments relating to Los Alamos Townsite Land) shall be com-
pleted not later than 180 days after the date of enactment of
this Act.
Deadline.
25 USC 1780o.
25 USC 1780n.
25 USC 1780m.
Deadline.
25 USC 1780l.
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LEGISLATIVE HISTORY—S. 1773:
HOUSE REPORTS: No. 109–633 (Comm. on Resources).
SENATE REPORTS: No. 109–252 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 24, considered and passed Senate.
Sept. 12, considered and passed House.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as are
necessary to carry out this Act.
Approved September 27, 2006.
25 USC 1780p.
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