A bill to declare that the United States holds in trust for the Pueblo of Santa Ana certain public domain lands.
PL 95-498 (S.2588), enacted 10/21/1978

92 STAT. 1672 
PUBLIC LAW 95-498—OCT. 21, 1978 
Public Law 95-498 
95th Congress 
An Act 
Oct. 21, 1978 
[S. 2588] 
Indians. 
Pueblo of Santa 
Ana, N. Mex. 
Lands in trust. 
To declare that the United States holds in trust for the Pueblo of Santa Ana 
certain public domain lands. 
Be it enacted hy the Senate and H(mse of Representatives of the 
United States of America in Congress assembled, That all right, title, 
and interest of the United States in the following lands situated within 
Sandoval County in the State of New Mexico are hereby declared to 
be held by the United States in trust for the benefit and use of the 
Pueblo of Santa Ana: 
NEW MEXICO PRINCIPAL MERIDIAN 
Township 13 North, Range 3 East 
Section 1: 
Lots 1,8,9,10, 
South half north half. 
South half. 
Section 3: 
Lots 9,10,11,12, 
South half north half, 
South half, 
Section 4: 
Lots 9,10,11,12, 
South half north half. 
South half. 
Section 5: All of that portion lying east of the west boundary of the 
right-of-way of New Mexico Highway 44, 
Section 9: 
East half west half, 
East half. 
Section 10: All, 
Section 11: All, 
Section 12: All, 
Section 13: All, 
Section 14: All, 
Section 15: North half northwest quarter, southeast quarter north-
west quarter, northeast quarter southwest quarter northwest quarter, 
north half northwest quarter southwest quarter northwest quarter, 
southeast quarter northwest quarter southwest quarter northwest 
quarter, north half northwest quarter southeast quarter southwest 
quarter northwest quarter, northeast quarter southeast quarter south-
west quarter northwest quarter, northeast quarter, north half north-
east quarter northwest quarter northeast quarter southwest quarter, 
north half northeast quarter northeast quarter southwest quarter, north 
half southwest quarter northeast quarter northeast quarter southwest 
quarter, southeast quarter northeast quarter northeast quarter south-
west quarter, northeast quarter southeast quarter, north half northwest 
quarter southeast quarter, southeast quarter northwest quarter south-
east quarter, northeast quarter southwest quarter northwest quarter 
southeast quarter, north half northwest quarter southwest quarter 
northwest quarter southeast quarter, north half southeast quarter 
PUBLIC LAW 95-498—OCT. 21, 1978 
92 STAT. 1673 
southwest quarter northwest quarter southeast quarter, northeast 
quarter northeast quarter southwest quarter southeast quarter, north-
east quarter southeast quarter southeast quarter, north half northwest 
quarter southeast quarter southeast quarter, southeast quarter north-
west quarter southeast quarter southeast quarter, north half southwest 
quarter northwest quarter southeast quarter southeast quarter, north 
half northeast quarter southwest quarter southeast quarter southeast 
quarter, north half southeast quarter southeast quarter southeast quar-
ter, north half southeast quarter southeast quarter southeast quarter 
southeast quarter; excluding existing rights-of-way, 
Section 23: Northeast quarter northwest quarter northwest quarter, 
northeast quarter northwest quarter northwest quarter northwest 
quarter, north half northwest quarter northwest quarter northwest 
quarter northwest quarter, north half northeast quarter southeast 
quarter northwest quarter northwest quarter, north half northeast 
quarter northwest quarter, southeast quarter northeast quarter north-
west quarter, north half southwest quarter northeast quarter north-
west quarter, southeast quarter southwest quarter northeast quarter 
northwest quarter, northeast quarter northeast quarter southeast quar-
ter northwest quarter, north lialf northwest quarter northeast quai'ter 
southeast quarter northwest quarter, north half northeast quarter, 
southeast quarter northeast quarter, north half southwest quarter 
northeast quarter, north half southeast quarter southwest quarter 
northeast quarter, southeast quarter southeast quarter southwest 
quarter northeast quarter, north half southwest quarter southeast 
quarter southwest quarter northeast quarter, north half northeast 
quarter southwest quarter southwest quarter northeast quarter, 
northeast quarter northeast quarter southeast quarter, northeast quar-
ter northwest quarter, northeast quarter southeast quarter, north half 
northwest quarter northwest quarter northeast quarter southeast 
quarter, north half southeast quarter northwest quarter northeast 
quarter southeast quarter, north half northeast quarter southeast 
quarter northeast quarter southeast quarter; excluding Rec. PP CL 
10/10/62 and existing rights-of-way. 
Section 24: North half, southeast quarter, northeast quarter south-
west quarter, north half northwest quarter southwest quarter, south-
east quarter northwest quarter southwest quarter, north half southwest 
quarter northwest quarter southwest quarter, southeast quarter south-
west quarter northwest quarter southwest quarter, north half south-
west quarter southwest quarter northwest quarter southwest quarter, 
north half northeast quarter southwest quarter southwest quarter, 
north half southeast quarter northeast quarter southwest quarter 
southwest quar-ter, north half southeast quarter southwest quarter, 
southeast quarter southeast quarter southwest quarter, northeast quar-
ter southwest quarter southeast quarter southwest quarter; excluding 
existing rights-of-way. 
Section 25: North half northeast quarter northeast quarter northeast 
quarter northwest quarter, northeast quarter northeast quarter, north-
east quarter northwest quarter northeast quarter, north half northwest 
quarter northwest quarter northeast quarter, northeast quarter north-
west quarter northwest quarter northeast quarter, north half south-
west quarter northwest quarter northwest quarter northeast quarter, 
north half northeast quarter southwest quarter northwest quarter 
northeast quarter, north half southeast quarter northwest quarter 
northeast quarter, southeast quarter southeast quarter northwest quar-
ter northeast quarter. 
92 STAT. 1674 
PUBLIC LAW 95-498—OCT. 21, 1978 
Township 13 North, Range 4 East 
Section 3: 
Lots 4,5,6, 
West half northeast quarter, 
Northwest quarter, 
Section 4: All; including bed of Jemez River, 
Section 5: 
Lots 1, 2, 3, 4, 5, 
Northwest quarter northwest quarter, 
South half northwest quarter. 
South half, 
and bed of Jemez River, 
Section 6: 
Lots 1,2,3,4, 
East half west half. 
East half, 
and bed of Jemez River, 
Section 7: All, 
Section 8: 
• 
" 
Lots 3,4,5, 
North half. 
Southwest quarter. 
Northwest quarter southeast quarter. 
Section 9: 
Lots 5,6,7,8 and bed of Jemez River lying north of the 
North boundary of the Angostura Grant, 
Section 17: 
Lots 10, 11, 12, 13, 
; ., , , 
,; , 
Northwest quarter, 
> 
. • 
Section 18: 
Lots 2,3, 
East half northwest quarter. 
Northeast quarter. 
Township 14 North, Range 3 East 
Section 6: Bed of the Jemez River, 
Township 14 North, Range 4 East 
Section 17: All, 
Section 18: East half east half, 
Section 19: East half east half, 
Section 20: All, 
Section 21: West half. 
Section 27: Southwest quarter southwest quarter, 
Section 28: 
Northwest quarter, 
South half, 
Section 29: All, 
Section 30: East half east half, 
Section 31: 
East half northeast quarter. 
Southwest quarter northeast quarter, 
Northwest quarter northwest quarter. 
South half northwest quarter. 
PUBLIC LAW 95-498—OCT. 21, 1978 
92 STAT. 1675 
South half, 
and bed of Jemez River, 
Section 33: All, 
Section 34: 
South half northeast quarter. 
Northwest quarter. 
South half, 
Section 35: 
Lot9, 
West half southwest quarter, 
containing 16,249.98 acres more or less. 
(b) (1) The lands described in paragraph (2) of this subsection 
consisting of approximately 2240.14 acres shall continue to be subject 
to Public Land Order 873, entitled "An Order Withdrawing Public 
Lands for Use of the Department of the Army in Connection with the 
Jemez Canyon Dam and Reservoir Project", issued by the Secretary 
of the Interior on November 14,1952, until such lands, or any portion 
thereof, are determined by the Secretary of the Army to be no longer 
needed for the purpose for which the lands were reserved under such 
order. The Secretary of the Army shall publish notice of any such Publication in 
determination in the Federal Register. 
Federal Register. 
(2) The lands described in subsection (a) of this section which 
are subject to Public Land Order 873 are the following lands: 
NEW MEXICO PRINCIPAL MERIDIAN 
Township 13 North, Range 3 East 
Section 1: 
Lots 1,8,9,10, 
South half northeast quarter, 
Southeast quarter northwest quarter. 
Northeast quarter southwest quarter. 
Section 5: 
Lots 1,2,3,4, 
Northwest quarter northwest quarter, 
South half northwest quarter. 
Southwest quarter. 
West half southeast quarter, 
Lot 5, that part lying north of the east-west quarter section line. 
Section 6: 
Lots 1,2,3, 
Northeast quarter. 
East half northwest quarter, 
' 
Northeast quarter southwest quarter, 
North half southeast quarter, 
Southeast quarter southeast quarter. 
Section 8: 
Lots 3,4,6, 
West half northeast quarter, 
Northwest quarter. 
North half southwest quarter, 
Northwest quarter southeast quarter, 
irwn 1 '7 ' 
Section 17 
U 
Lc 
line, 
Lots 10 and 11, 
Lot 12. that part lying east of the north-south quarter section 
le, 
92 STAT. 1676 
PUBLIC LAW 95-498—OCT. 21, 1978 
Township 14 North, Range 4 East 
Section 31: 
Southwest quarter northeast quarter, 
,. ^ 
Northwest quarter northwest quarter, 
South half northwest quarter, 
, 
, 
South half. 
Publication in 
SEC. 2. The Secretary of the Interior shall publish in the Federal 
Federal Register. Register the boundaries and descriptions of the lands declared to be 
lield 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 de-
clared to be held in trust for the Pueblo of Santa Ana, are hereby 
declared to be held by the United States in trust for the benefit and 
use of the Pueblo of Santa Ana. 
SEC. 4. (a) Nothing 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 
l)e 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 provisions 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) Those persons holding grazing permits from the United States 
Bureau of Land Management in the grazing unit known as the Berna-
lillo Community Allotment (Number 551), Sandoval County, New 
Mexico, as of the date of enactment of this Act are hereby granted the 
right to continue those grazing rights, subject to all otherwise appli-
cable terms, conditions, rules, and regulations of the Bureau of Land 
Management governing such grazing rights, for a period of not to 
exceed ten years. Such grazing rights shall be administered by the 
Bureau of Land Management in accordance with applicable rules and 
regulations governing such rights on the Federal public domain, and 
may be canceled by the Bureau of Land Management in accordance 
with its regulations for failure to meet the terms and conditions of the 
existing permits, or failure to abide by applicable rules and regulations. 
Grazing fees shall be payable by the permittees to the Bureau of Land 
Management at prevailing rates, which fees shall be remitted by said 
Bureau to the Pueblo of Santa Ana within 30 days of receipt. Such 
grazing rights shall be nontransferable, except that they may be 
relinquished at any time to the Pueblo of Santa Ana. In the event of 
cancellation or relinquishment of said grazing rights as provided above, 
such rights shall not be renewed, nor shall any new permits be issued: 
Provided, however, That no grazing fees shall be payable by the said 
existing permittees for the first five years following enactment of this 
Act. 
(c) Subject to subsections (a) and (b) of this section, any property 
held in trust under this Act for the Pueblo of Santa Ana shall 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. (a) Any and all gross receipts derived from, or which relate 
to, the property declared to be held in trust by this Act which were 
PUBLIC LAW 95-498—OCT. 21, 1978 
92 STAT. 1677 
received by the United States subsequent to the acquisition by the 
United States of such property and prior to the date of the enact-
ment of this Act (including State school lands referred to in section 
7), from whatever source and for whatever purpose, shall, as of the 
date of enactment of this Act, be deposited to the credit of the 
Pueblo of Santa Ana and may be expended by such tribe for such 
beneficial programs as the tribal governing body may determine. 
(b) All gross receipts (including, but not limited to, bonuses, rents, 
and royalties) hereafter derived by the United States from any con-
tract, permit, or lease referred to in section 4(a) 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 Santa Aua pursuant to this Act, and all the 
receipts therefrom referred to in section 5 of this Act, shall be ex-
empt from Federal, State, and local taxation so long as such prop-
erty 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 42 USC1305. 
program. 
SEC. 7. (a) For the purpose of improving the land tenure pattern 
and consolidating Santa Ana Pueblo lands, the Secretary of the 
Interior is authorized and directed to acquire, by purchase or exchange, 
under such regulations as he may prescribe, all State school lands in 
township 13 north, range 3 east, sections 2 and 16; township 14 north, 
range 3 east, section 36; and township 14 north, range 4 east, section 32, 
State of New Mexico, containing 2004.05 acres, more or less; and 
interests therein, including improvements, mineral rights, and water 
rights. In exercising his authority to acquire such lands by exchange, 
the Secretary is authorized to utilize unappropriated public lands in 
the State of New Mexico. The properties so exchanged shall be of 
approximately equal value, and the Secretary may accept cash from or 
pay cash to the State of New Mexico in such an exchange in order to 
equalize the values of the properties exchanged. 
(b) The Secretary may execute any title documents necessary to Title documents, 
effect the exchanges authorized by this section. 
(c) Title to all lands acquired under the provisions of this section 
shall be taken in the name of the United States in trust for Santa Ana 
Pueblo. 
SEC. 8. (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 
following shrines or religious sites: 
(1) Santiyaku 'Ko Kura (Santiago's Corral) ; 
(2) Santiyaku Ka'ma (Santiago's Home) ; 
(3) Santiyaku 'Kaisru (Santiago's Field); 
(4) 'Tsitsi Sruwii (Water Snake Head); 
92 STAT. 1678 
PUBLIC LAW 95-498—OCT. 21, 1978 
«' 
(5) Tuyuuna (SnakeHead Shrine-Canjilon Hill); 
(6) Shayeka Kauwatsesruma (Hunter Shrine); 
(7)'Kuyau'Kapesru (OldLady Sits Shrine); 
(8) Huchaniitse (White House Shrine); 
(9) Dyadyu Tsinautani (Bobcat Point); 
(10)'Kasreri'Kumiyeisruma (Clown Point); 
(11) Chapiyu'Ka'kuyanisru (Chapiyu's Trail); 
(12) Shawiti'tsuyu (Parrot Point); 
(13) Hana 'Kai (Sacred Clown Society Shrine); 
(14) Yusrkuma (Corn Cob Shrine); 
Such resources so removed are the property of the United States and 
shall be administered under laws applicable to federally owned 
resources. 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 benefit, use, and study of 
the resources, consistent with tribal law and practices. 
(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. 95-1219, accompanying H.R. 3924 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 95-1132 (Select Comm. on Indian Affairs). 
• ' 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 6, considered and passed Senate. 
Oct. 3, 4, H.R. 3924 considered and passed House; passage vacated, and S. 2588, 
amended, passed in lieu. 
Oct. 7, Senate concurred in House amendment.