[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 246 Enrolled Bill (ENR)]
S.246
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To provide that certain Bureau of Land Management land shall be held in
trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso in
the State of New Mexico.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled ``Agreement to Affirm Boundary Between Pueblo of Santa
Clara and Pueblo of San Ildefonso Aboriginal Lands Within Garcia
Canyon Tract'', entered into by the Governors on December 20, 2000.
(2) Boundary line.--The term ``boundary line'' means the
boundary line established under section 4(a).
(3) Governors.--The term ``Governors'' means--
(A) the Governor of the Pueblo of Santa Clara, New Mexico;
and
(B) the Governor of the Pueblo of San Ildefonso, New
Mexico.
(4) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(5) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Santa Clara, New Mexico; and
(B) the Pueblo of San Ildefonso, New Mexico.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) Trust land.--The term ``trust land'' means the land held by
the United States in trust under section 2(a) or 3(a).
SEC. 2. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.
(a) In General.--All right, title, and interest of the United
States in and to the land described in subsection (b), including
improvements on, appurtenances to, and mineral rights (including rights
to oil and gas) to the land, shall be held by the United States in
trust for the Pueblo of Santa Clara, New Mexico, as part of the Santa
Clara Reservation.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 2,484 acres of Bureau of Land Management land
located in Rio Arriba County, New Mexico, and more particularly
described as--
(1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico
Principal Meridian, that is located north of the boundary line;
(2) the southern half of T. 20 N., R. 7 E., Sec. 23, New Mexico
Principal Meridian;
(3) the southern half of T. 20 N., R. 7 E., Sec. 24, New Mexico
Principal Meridian;
(4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract in
the southeast quarter owned by the Pueblo of San Ildefonso;
(5) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico
Principal Meridian, that is located north and east of the boundary
line;
(6) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico
Principal Meridian, that is located north of the boundary line;
(7) the portion of T. 20 N., R. 8 E., Sec. 19, New Mexico
Principal Meridian, that is not included in the Santa Clara Pueblo
Grant or the Santa Clara Indian Reservation; and
(8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not
included in the Santa Clara Pueblo Grant or the San Ildefonso
Grant.
SEC. 3. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.
(a) In General.--All right, title, and interest of the United
States in and to the land described in subsection (b), including
improvements on, appurtenances to, and mineral rights (including rights
to oil and gas) to the land, shall be held by the United States in
trust for the Pueblo of San Ildefonso, New Mexico, as part of the San
Ildefonso Reservation.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 2,000 acres of Bureau of Land Management land
located in Rio Arriba County and Santa Fe County in the State of New
Mexico, and more particularly described as--
(1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico
Principal Meridian, that is located south of the boundary line;
(2) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico
Principal Meridian, that is located south and west of the boundary
line;
(3) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico
Principal Meridian, that is located south of the boundary line;
(4) T. 20 N., R. 7 E., Sec. 34, New Mexico Principal Meridian;
and
(5) the portion of T. 20 N., R. 7 E., Sec. 35, New Mexico
Principal Meridian, that is not included in the San Ildefonso
Pueblo Grant.
SEC. 4. SURVEY AND LEGAL DESCRIPTIONS.
(a) Survey.--Not later than 180 days after the date of enactment of
this Act, the Office of Cadastral Survey of the Bureau of Land
Management shall, in accordance with the Agreement, complete a survey
of the boundary line established under the Agreement for the purpose of
establishing, in accordance with sections 2(b) and 3(b), the boundaries
of the trust land.
(b) Legal Descriptions.--
(1) Publication.--On approval by the Governors of the survey
completed under subsection (a), the Secretary shall publish in the
Federal Register--
(A) a legal description of the boundary line; and
(B) legal descriptions of the trust land.
(2) Technical corrections.--Before the date on which the legal
descriptions are published under paragraph (1)(B), the Secretary
may correct any technical errors in the descriptions of the trust
land provided in sections 2(b) and 3(b) to ensure that the
descriptions are consistent with the terms of the Agreement.
(3) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1)(B), the legal
descriptions shall be the official legal descriptions of the trust
land.
SEC. 5. ADMINISTRATION OF TRUST LAND.
(a) Applicable Law.--The trust land shall be administered in
accordance with laws generally applicable to property held in trust by
the United States for Indian tribes.
(b) Pueblo Lands Act.--The following shall be subject to section 17
of the Act of June 7, 1924 (25 U.S.C. 331 note; commonly known as the
``Pueblo Lands Act''):
(1) The trust land.
(2) Any land owned as of the date of enactment of this Act or
acquired after the date of enactment of this Act by the Pueblo of
Santa Clara in the Santa Clara Pueblo Grant.
(3) Any land owned as of the date of enactment of this Act or
acquired after the date of enactment of this Act by the Pueblo of
San Ildefonso in the San Ildefonso Pueblo Grant.
(c) Use of Trust Land.--Subject to criteria developed by the
Pueblos in concert with the Secretary, the trust land may be used only
for traditional and customary uses or stewardship conservation for the
benefit of the Pueblo for which the trust land is held in trust.
Beginning on the date of enactment of this Act, the trust land shall
not be used for any new commercial developments.
SEC. 6. EFFECT.
Nothing in this Act--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or interest of
any person or entity (other than the United States) in or to the
trust land that is in existence before the date of enactment of
this Act;
(2) enlarges, impairs, or otherwise affects a right or claim of
the Pueblos to any land or interest in land based on Aboriginal or
Indian title that is in existence before the date of enactment of
this Act;
(3) constitutes an express or implied reservation of water or
water right for any purpose with respect to the trust land; or
(4) affects any water right of the Pueblos in existence before
the date of enactment of this act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.