[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5237 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5237

To declare that the United States holds certain public domain lands in 
        trust for the Pueblos of San Ildefonso and Santa Clara.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2002

   Mr. Udall of New Mexico introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To declare that the United States holds certain public domain lands in 
        trust for the Pueblos of San Ildefonso and Santa Clara.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TRANSFER OF LANDS INTO TRUST FOR PUEBLOS OF SAN ILDEFONSO 
              AND SANTA CLARA, NEW MEXICO.

    (a) Lands Held in Trust for Pueblo of Santa Clara.--All right, 
title, and interest of the United States in the lands described in 
subsection (b), including all improvements thereon and appurtenances 
thereto and rights to all minerals, including oil and gas, are hereby 
declared to be held by the United States in trust for the Pueblo of 
Santa Clara.
    (b) Land Description.--The lands referred to in subsection (a) 
consist of approximately 2,484 acres of land presently under the 
jurisdiction of the Bureau of Land Management of the Department of the 
Interior situated within Rio Arriba County, New Mexico, and are more 
particularly described as follows:
            That portion of Section 22, Township 20 North, Range 7 
        East, New Mexico Principal Meridian, that is north of the line 
        established in accordance with the provisions of Section 2(a) 
        of this Act.
            South half of Section 23, Township 20 North, Range 7 East, 
        New Mexico Principal Meridian.
            South half of Section 24, Township 20 North, Range 7 East, 
        New Mexico Principal Meridian.
            All of Section 25, Township 20 North, Range 7 East, New 
        Mexico Principal Meridian, except for the 5 acre tract in the 
        Southeast quarter owned by San Ildefonso Pueblo.
            That portion of Section 26, Township 20 North, Range 7 
        East, New Mexico Principal Meridian, that is north and east of 
        the line established in accordance with the provisions of 
        Section 2(a) of this Act.
            That portion of Section 27, Township 20 North, Range 7 
        East, New Mexico Principal Meridian, that is north of the line 
        established in accordance with the provisions of Section 2(a) 
        of this Act.
            That portion of Section 19, Township 20 North, Range 8 
        East, New Mexico Principal Meridian, that is not included 
        within the Santa Clara Pueblo Grant or the Santa Clara Indian 
        Reservation.
            That portion of Section 30, Township 20 North, Range 8 
        East, New Mexico Principal Meridian, that is not included 
        within the Santa Clara Pueblo Grant or the San Ildefonso Grant.
    (c) Lands Held in Trust for Pueblo of San Ildefonso.--All right, 
title, and interest of the United States in the lands described in 
subsection (d), including all improvements thereon and appurtenances 
thereto and rights to all minerals, including oil and gas, are hereby 
declared to be held by the United States in trust for the Pueblo of San 
Ildefonso.
    (d) Land Description.--The lands referred to in subsection (c) 
consist of approximately 2,000 acres of land presently under the 
jurisdiction of the Bureau of Land Management of the Department of the 
Interior situated within Rio Arriba and Santa Fe Counties, New Mexico, 
and are more particularly described as follows:
            That portion of Section 22, Township 20 North, Range 7 
        East, New Mexico Principal Meridian, that is south of the line 
        established in accordance with the provisions of Section 2 (a) 
        of this Act.
            That portion of Section 26, Township 20 North, Range 7 
        East, New Mexico Principal Meridian, that is south and west of 
        the line established in accordance with the provisions of 
        Section 2(a) of this Act.
            That portion of Section 27, Township 20 North, Range 7 
        East, New Mexico Principal Meridian, that is south of the line 
        established in accordance with the provisions of Section 2(a) 
        of this Act.
            All of Section 34, Township 20 North, Range 7 East, New 
        Mexico Principal Meridian.
            That portion of Section 35, Township 20 North, Range 7 
        East, New Mexico Principal Meridian, that is not included 
        within the San Ildefonso Pueblo Grant.

SEC. 2. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION IN FEDERAL 
              REGISTER.

    (a) Survey of Boundary Line.--In order to accurately establish on 
the ground the boundary of the lands declared to be held in trust for 
the Pueblo of Santa Clara and the boundary of the lands declared to be 
held in trust for the Pueblo of San Ildefonso as described in section 1 
of this Act, the Secretary of Interior shall, by the date that is 180 
days after the date of enactment of this Act, cause a survey to be 
conducted by the Office of Cadastral Survey of the Bureau of Land 
Management of the boundary lines established under the provisions of 
the Agreement to Affirm Boundary Between Pueblo of Santa Clara and 
Pueblo of San Ildefonso Aboriginal Lands Within Garcia Canyon Tract, 
that was executed on December 20, 2000, by the respective Governors of 
the two Pueblos, which survey shall be undertaken in accordance with 
the provisions of such Agreement.
    (b) Publication of Land Descriptions in Federal Register.--Upon 
completion of the survey described in subsection (a), and its 
acceptance by the respective Governors of the 2 Pueblos, the Secretary 
shall cause the full metes and bounds description of the lines 
thus established, together with a full and accurate description of the 
lands declared to be held in trust for each Pueblo by Section 1 of this 
Act, respectively, to be published in the Federal Register, and such 
descriptions shall, upon their publication, constitute the official 
descriptions of the lands transferred into trust hereunder. In 
preparing such publication, the Secretary is authorized to correct any 
technical errors in the legal descriptions contained in this Act, so as 
to make the descriptions of the lands declared to be held in trust for 
the two Pueblos consistent with the terms of the Agreement described in 
subsection (a).

SEC. 3. ADMINISTRATION OF LANDS DECLARED TO BE HELD IN TRUST.

    Upon the enactment of this Act, and subject to the other provisions 
of this Act, the lands described in section 1(b) are hereby declared to 
be part of the Pueblo of Santa Clara's reservation and the lands 
described in section 1(d) are hereby declared to be part of the Pueblo 
of San Ildefonso's reservation. All lands described in Section 1 shall 
be administered in accordance with the laws and rules of law generally 
applicable to property held in trust by the United States for Indian 
tribes.

SEC. 4. VALID EXISTING RIGHTS PRESERVED.

    Nothing in this Act shall deprive any person (other than the United 
States) of any legal existing right-of-way, lease, permit, mining 
claim, grazing permit, water right, or any other right or interest 
which such person may have in any of the trust lands within the purview 
of this Act on the date preceding the date of enactment of this Act. No 
existing right or claim of either Pueblo to any lands or interest in 
lands based upon Aboriginal or Indian title shall be enlarged, impaired 
or other wise affected by this Act.

SEC. 5. LANDS SUBJECT TO SECTION 17 OF PUEBLO LANDS ACT.

    The lands described in section 1, and all lands owned or acquired 
by the Pueblo of Santa Clara within the Santa Clara Pueblo Grant, and 
all lands owned or acquired by the Pueblo of San Ildefonso within the 
San Ildefonso Pueblo Grant, shall be fully 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'').

SEC. 6. USE OF LANDS.

    Land conveyed under this Act may only be used for traditional and 
customary uses or stewardship conservation for the benefit of the 
Pueblo of San Ildefonso or the Pueblo of Sanat Clara for whom the land 
is held in trust. The Secretary of the Interior shall work with the 
Pueblos to develop appropriate criteria for use of the land to ensure 
that the land is preserved for traditional and customary uses or 
stewardship conservation.

SEC. 7. WATER.

    Nothing in this Act shall constitute or be construed to 
constitute--
            (1) an express or implied reservation of water or water 
        rights with respect to the land conveyed under this Act; or
            (2) a creation, recognition, disclaimer, relinquishment, or 
        reduction of any water rights of Pueblo of San Ildefonso or the 
        Pueblo Santa Clara existing prior to the date of the enactment 
        of this Act.
                                 <all>