[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 246 Engrossed in Senate (ES)]
108th CONGRESS
1st Session
S. 246
_______________________________________________________________________
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 Santa 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.
Passed the Senate June 16, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 246
_______________________________________________________________________
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.