[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2917 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2917

       To settle the land claims of the Pueblo of Santo Domingo.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2000

  Mr. Domenici (for himself and Mr. Inouye) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
       To settle the land claims of the Pueblo of Santo Domingo.

    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 ``Santo Domingo Pueblo Claims 
Settlement Act of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) For many years the Pueblo of Santo Domingo has been 
        asserting claims to lands within its aboriginal use area in 
        north central New Mexico. These claims have been the subject of 
        many lawsuits, and a number of these claims remain unresolved.
            (2) In December 1927, the Pueblo Lands Board, acting 
        pursuant to the Pueblo Lands Act of 1924 (43 Stat. 636) 
        confirmed a survey of the boundaries of the Pueblo of Santo 
        Domingo Grant. However, at the same time the Board purported to 
        extinguish Indian title to approximately 27,000 acres of lands 
        within those grant boundaries which lay within 3 other 
        overlapping Spanish land grants. The United States Court of 
        Appeals in United States v. Thompson (941 F.2d 1074 (10th Cir. 
        1991), cert. denied 503 U.S. 984 (1992)), held that the Board 
        ``ignored an express congressional directive'' in section 14 of 
        the Pueblo Lands Act, which ``contemplated that the Pueblo 
        would retain title to and possession of all overlap land''.
            (3) The Pueblo of Santo Domingo has asserted a claim to 
        another 25,000 acres of land based on the Pueblo's purchase in 
        1748 of the Diego Gallegos Grant. The Pueblo possesses the 
        original deed reflecting the purchase under Spanish law but, 
        after the United States assumed sovereignty over New Mexico, no 
        action was taken to confirm the Pueblo's title to these lands. 
        Later, many of these lands were treated as public domain, and 
        are held today by Federal agencies, the State Land Commission, 
        other Indian tribes, and private parties. The Pueblo's lawsuit 
        asserting this claim, Pueblo of Santo Domingo v. Rael (Civil 
        No. 83-1888 (D.N.M.)), is still pending.
            (4) The Pueblo of Santo Domingo's claims against the United 
        States in docket No. 355 under the Act of August 13, 1946 (60 
        Stat. 1049; commonly referred to as the Indian Claims 
        Commission Act) have been pending since 1951. These claims 
        include allegations of the Federal misappropriation and 
        mismanagement of the Pueblo's aboriginal and Spanish grant 
        lands.
            (5) Litigation to resolve the land and trespass claims of 
        the Pueblo of Santo Domingo would take many years, and the 
        outcome of such litigation is unclear. The pendency of these 
        claims has clouded private land titles and has created 
        difficulties in the management of public lands within the claim 
        area.
            (6) The United States and the Pueblo of Santo Domingo have 
        negotiated a settlement to resolve all existing land claims, 
        including the claims described in paragraphs (2) through (4).
    (b) Purpose.--It is the purpose of this Act--
            (1) to remove the cloud on titles to land in the State of 
        New Mexico resulting from the claims of the Pueblo of Santo 
        Domingo, and to settle all of the Pueblo's claims against the 
        United States and third parties, and the land, boundary, and 
        trespass claims of the Pueblo in a fair, equitable, and final 
        manner;
            (2) to provide for the restoration of certain lands to the 
        Pueblo of Santo Domingo and to confirm the Pueblo's boundaries;
            (3) to clarify governmental jurisdiction over the lands 
        within the Pueblo's land claim area; and
            (4) to ratify a Settlement Agreement between the United 
        States and the Pueblo which includes--
                    (A) the Pueblo's agreement to relinquish and 
                compromise its land and trespass claims;
                    (B) the provision of $8,000,000 to compensate the 
                Pueblo for the claims it has pursued pursuant to the 
                Act of August 13, 1946 (60 Stat. 1049; commonly 
                referred to as the Indian Claims Commission Act);
                    (C) the transfer of approximately 4,577 acres of 
                public land to the Pueblo;
                    (D) the sale of approximately 7,355 acres of 
                national forest lands to the Pueblo; and
                    (E) the authorization of the appropriation of 
                $15,000,000 over 3 consecutive years which would be 
                deposited in a Santo Domingo Lands Claims Settlement 
                Fund for expenditure by the Pueblo for land acquisition 
                and other enumerated tribal purposes.
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to effectuate an extinguishment of, or to otherwise impair, the 
Pueblo's title to or interest in lands or water rights as described in 
section 5(a)(2).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federally administered lands.--The term ``federally 
        administered lands'' means lands, waters, or interests therein, 
        administered by Federal agencies, except for the lands, waters, 
        or interests therein that are owned by, or for the benefit of, 
        Indian tribes or individual Indians.
            (2) Fund.--The term ``Fund'' means the Pueblo of Santo 
        Domingo Land Claims Settlement Fund established under section 
        5(b)(1).
            (3) Pueblo.--The term ``Pueblo'' means the Pueblo of Santo 
        Domingo.
            (4) Santo domingo pueblo grant.--The term ``Santo Domingo 
        Pueblo Grant'' means all of the lands within the 1907 Hall-Joy 
Survey, as confirmed by the Pueblo Lands Board in 1927.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior unless expressly stated otherwise.
            (6) Settlement agreement.--The term ``Settlement 
        Agreement'' means the Settlement Agreement dated May 26, 2000, 
        between the Departments of the Interior, Agriculture, and 
        Justice and the Pueblo of Santo Domingo to Resolve All of the 
        Pueblo's Land Title and Trespass Claims.

SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

    The Settlement Agreement is hereby approved and ratified.

SEC. 5. RESOLUTION OF DISPUTES AND CLAIMS.

    (a) Relinquishment, Extinguishment, and Compromise of Santo Domingo 
Claims.--
            (1) Extinguishment.--
                    (A) In general.--Subject to paragraph (2), in 
                consideration of the benefits provided under this Act, 
                and in accordance with the Settlement Agreement 
                pursuant to which the Pueblo has agreed to relinquish 
                and compromise certain claims, the Pueblo's land and 
                trespass claims described in subparagraph (B) are 
                hereby extinguished, effective as of the date specified 
                in paragraph (5).
                    (B) Claims.--The claims described in this 
                subparagraph are the following:
                            (i) With respect to the Pueblo's claims 
                        against the United States, its agencies, 
                        officers, and instrumentalities, all claims to 
                        land, whether based on aboriginal or recognized 
                        title, and all claims for damages or other 
                        judicial relief or for administrative remedies 
                        pertaining in any way to the Pueblo's land, 
                        such as boundary, trespass, and mismanagement 
                        claims, including any claim related to--
                                    (I) any federally administered 
                                lands, including National Forest System 
                                lands designated in the Settlement 
                                Agreement for possible sale or exchange 
                                to the Pueblo;
                                    (II) any lands owned or held for 
                                the benefit of any Indian tribe other 
                                than the Pueblo; and
                                    (III) all claims which were, or 
                                could have been brought against the 
                                United States in docket No. 355, 
                                pending in the United States Court of 
                                Federal Claims.
                            (ii) With respect to the Pueblo's claims 
                        against persons, the State of New Mexico and 
                        its subdivisions, and Indian tribes other than 
                        the Pueblo, all claims to land, whether based 
                        on aboriginal or recognized title, and all 
                        claims for damages or other judicial relief or 
                        for administrative remedies pertaining in any 
                        way to the Pueblo's land, such as boundary and 
                        trespass claims.
                            (iii) All claims listed on pages 13894-
                        13895 of volume 48 of the Federal Register, 
                        published on March 31, 1983, except for claims 
                        numbered 002 and 004.
            (2) Rule of construction.--Nothing in this Act (including 
        paragraph (1)) shall be construed--
                    (A) to in any way effectuate an extinguishment of 
                or otherwise impair--
                            (i) the Pueblo's title to lands acquired by 
                        or for the benefit of the Pueblo since December 
                        28, 1927, or in a tract of land of 
                        approximately 150.14 acres known as the 
                        ``sliver area'' and described on a plat which 
                        is appendix H to the Settlement Agreement;
                            (ii) the Pueblo's title to land within the 
                        Santo Domingo Pueblo Grant which the Pueblo 
                        Lands Board found not to have been 
                        extinguished; or
                            (iii) the Pueblo's water rights appurtenant 
                        to the lands described in clauses (i) and (ii); 
                        and
                    (B) to expand, reduce, or otherwise impair any 
                rights which the Pueblo or its members may have under 
                existing Federal statutes concerning religious and 
                cultural access to and uses of the public lands.
            (3) Confirmation of determination.--The Pueblo Lands 
        Board's determination on page 1 of its Report of December 28, 
        1927, that Santo Domingo Pueblo title, derived from the Santo 
        Domingo Pueblo Grant to the lands overlapped by the La Majada, 
        Sitio de Juana Lopez and Mesita de Juana Lopez Grants has been 
        extinguished is hereby confirmed as of the date of that Report.
            (4) Transfers prior to enactment.--
                    (A) In general.--In accordance with the Settlement 
                Agreement, any transfer of land or natural resources, 
                prior to the date of enactment of this Act, located 
                anywhere within the United States from, by, or on 
                behalf of the Pueblo, or any of the Pueblo's members, 
                shall be deemed to have been made in accordance with 
                the Act of June 30, 1834 (4 Stat. 729; commonly 
                referred to as the Trade and Intercourse Act), section 
                17 of the Act of June 7, 1924 (43 Stat. 641; commonly 
                referred to as the Pueblo Lands Act), and any other 
                provision of Federal law that specifically applies to 
                transfers of land or natural resources from, by, or on 
                behalf of an Indian tribe, and such transfers shall be 
                deemed to be ratified effective as of the date of the 
                transfer.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) shall be construed to affect or eliminate the 
                personal claim of any individual Indian which is 
                pursued under any law of general applicability that 
                protects non-Indians as well as Indians.
            (5) Effective date.--The provisions of paragraphs (1), (3), 
        and (4) shall take effect upon the entry of a compromise final 
        judgment, in a form and manner acceptable to the Attorney 
        General, in the amount of $8,000,000 in the case of Pueblo of 
Santo Domingo v. United States (Indian Claims Commission docket No. 
355). The judgment so entered shall be paid from funds appropriated 
pursuant to section 1304 of title 31, United States Code.
    (b) Trust Funds; Authorization of Appropriations.--
            (1) Establishment.--There is hereby established in the 
        Treasury a trust fund to be known as the ``Pueblo of Santo 
        Domingo Land Claims Settlement Fund''. Funds deposited in the 
        Fund shall be subject to the following conditions:
                    (A) The 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).
                    (B) Subject to the provisions of paragraph (3), 
                monies deposited into the Fund may be expended by the 
                Pueblo to acquire lands within the exterior boundaries 
                of the exclusive aboriginal occupancy area of the 
                Pueblo, as described in the Findings of Fact of the 
                Indian Claims Commission, dated May 9, 1973, and for 
                use for education, economic development, youth and 
                elderly programs, or for other tribal purposes in 
                accordance with plans and budgets developed and 
                approved by the Tribal Council of the Pueblo and 
                approved by the Secretary.
                    (C) If the Pueblo withdraws monies from the Fund, 
                neither the Secretary nor the Secretary of the Treasury 
                shall retain any oversight over or liability for the 
                accounting, disbursement, or investment of such 
                withdrawn monies.
                    (D) No portion of the monies described in 
                subparagraph (C) may be paid to Pueblo members on a per 
                capita basis.
                    (E) The acquisition of lands with monies from the 
                Fund shall be on a willing-seller, willing-buyer basis, 
                and no eminent domain authority may be exercised for 
                purposes of acquiring lands for the benefit of the 
                Pueblo pursuant to this Act.
                    (F) The provisions of Public Law 93-134, governing 
                the distribution of Indian claims judgment funds, and 
                the plan approval requirements of section 203 of Public 
                Law 103-412 shall not be applicable to the Fund.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $15,000,000 for deposit into the Fund, in 
        accordance with the following schedule:
                    (A) $5,000,000 to be deposited in the fiscal year 
                which commences on October 1, 2001.
                    (B) $5,000,000 to be deposited in the next fiscal 
                year.
                    (C) The balance of the funds to be deposited in the 
                third consecutive fiscal year.
            (3) Limitation on disbursal.--Amounts authorized to be 
        appropriated to the Fund under paragraph (2) shall not be 
        disbursed until the following conditions are met:
                    (A) The case of Pueblo of Santo Domingo v. Rael 
                (No. CIV-83-1888) in the United States District Court 
                for the District of New Mexico, has been dismissed with 
                prejudice.
                    (B) A compromise final judgment in the amount of 
                $8,000,000 in the case of Pueblo of Santo Domingo v. 
                United States (Indian Claims Commission docket No. 355) 
                in a form and manner acceptable to the Attorney 
                General, has been entered in the United States Court of 
                Federal Claims in accordance with subsection (a)(5).
            (4) Deposits.--Funds awarded to the Pueblo consistent with 
        subsection (c)(2) in docket No. 355 of the Indian Claims 
        Commission shall be deposited into the Fund.
    (c) Activities Upon Compromise.--On the date of the entry of the 
final compromise judgment in the case of Pueblo of Santo Domingo v. 
United States (Indian Claims Commission docket No. 355) in the United 
States Court of Federal Claims, and the dismissal with prejudice of the 
case of Pueblo of Santo Domingo v. Rael (No. CIV-83-1888) in the United 
States District Court for the District of New Mexico, whichever occurs 
later--
            (1) the public lands administered by the Bureau of Land 
        Management and described in section 6 of the Settlement 
        Agreement, and consisting of approximately 4,577.10 acres of 
        land, shall thereafter be held by the United States in trust 
        for the benefit of the Pueblo, subject to valid existing rights 
        and rights of public and private access, as provided for in the 
        Settlement Agreement;
            (2) the Secretary of Agriculture is authorized to sell and 
        convey National Forest System lands and the Pueblo shall have 
        the exclusive right to acquire these lands as provided for in 
        section 7 of the Settlement Agreement, and the funds received 
        by the Secretary of Agriculture for such sales shall be 
        deposited in the fund established under the Act of December 4, 
        1967 (16 U.S.C. 484a) and shall be available to purchase non-
        Federal lands within or adjacent to the National Forests in the 
        State of New Mexico;
            (3) lands conveyed by the Secretary of Agriculture pursuant 
        to this section shall no longer be considered part of the 
        National Forest System and upon any conveyance of National 
        Forest lands, the boundaries of the Santa Fe National Forest 
        shall be deemed modified to exclude such lands;
            (4) until the National Forest lands are conveyed to the 
        Pueblo pursuant to this section, or until the Pueblo's right to 
        purchase such lands expires pursuant to section 7 of the 
        Settlement Agreement, such lands are withdrawn, subject to 
        valid existing rights, from any new public use or entry under 
        any Federal land law, except for permits not to exceed 1 year, 
        and shall not be identified for any disposition by or for any 
        agency, and no mineral production or harvest of forest products 
        shall be permitted, except that nothing in this subsection 
        shall preclude forest management practices on such lands, 
        including the harvest of timber in the event of fire, disease, 
        or insect infestation; and
            (5) once the Pueblo has acquired title to the former 
        National Forest System lands, these lands may be conveyed by 
        the Pueblo to the Secretary of the Interior who shall accept 
        and hold such lands in the name of the United States in trust 
        for the benefit of the Pueblo.

SEC. 6. AFFIRMATION OF ACCURATE BOUNDARIES OF SANTO DOMINGO PUEBLO 
              GRANT.

    (a) In General.--The boundaries of the Santo Domingo Pueblo Grant, 
as determined by the 1907 Hall-Joy Survey, confirmed in the Report of 
the Pueblo Lands Board, dated December 28, 1927, are hereby declared to 
be the current boundaries of the Grant and any lands currently owned by 
or on behalf of the Pueblo within such boundaries, or any lands 
hereinafter acquired by the Pueblo within the Grant in fee simple 
absolute, shall be considered to be Indian country within the meaning 
of section 1151 of title 18, United States Code.
    (b) Limitation.--Any lands or interests in lands within the Santo 
Domingo Pueblo Grant, that are not owned or acquired by the Pueblo, 
shall not be treated as Indian country within the meaning of section 
1151 of title 18, United States Code.
    (c) Acquisition of Federal Lands.--Any Federal lands acquired by 
the Pueblo pursuant to section 5(c)(1) shall be held in trust by the 
Secretary for the benefit of the Pueblo, and shall be treated as Indian 
country within the meaning of section 1151 of title 18, United States 
Code.
    (d) Land Subject to Provisions.--Any lands acquired by the Pueblo 
pursuant to section 5(c), or with funds subject to section 5(b), shall 
be subject to the provisions of section 17 of the Act of June 7, 1924 
(43 Stat. 641; commonly referred to as the Pueblo Lands Act).
    (e) Rule of Construction.--Nothing in this Act or in the Settlement 
Agreement shall be construed to--
            (1) cloud title to federally administered lands or non-
        Indian or other Indian lands, with regard to claims of title 
        which are extinguished pursuant to section 5; or
            (2) affect actions taken prior to the date of enactment of 
        this Act to manage federally administered lands within the 
        boundaries of the Santo Domingo Pueblo Grant.
                                 <all>