[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 246 Reported in Senate (RS)]






                                                       Calendar No. 124
108th CONGRESS
  1st Session
                                 S. 246

                          [Report No. 108-60]

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2003

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                              June 9, 2003

               Reported by Mr. Domenici, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
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, <DELETED>New Mexico. </DELETED>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, <DELETED>New Mexico. 
</DELETED>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.

<DELETED>    (a) In General.--Beginning on the date of enactment of 
this Act--</DELETED>
        <DELETED>    (1) the land held in trust under section 2(a) 
        shall be declared to be a part of the Santa Clara Indian 
        Reservation; and</DELETED>
        <DELETED>    (2) the land held in trust under section 3(a) 
        shall be declared to be a part of the San Ildefonso Indian 
        Reservation.</DELETED>
<DELETED>    (b) Applicable Law.--</DELETED>
        <DELETED>    (1) In general.--The trust land shall be 
        administered in accordance with any law (including regulations) 
        or court order generally applicable to property held in trust 
        by the United States for Indian tribes.</DELETED>
        <DELETED>    (2) Pueblo lands act.--The following shall be 
        subject to section 17 of the Act of June 7, 1924 (commonly 
        known as the ``Pueblo Lands Act'') (25 U.S.C. 331 
        note):</DELETED>
                <DELETED>    (A) The trust land.</DELETED>
                <DELETED>    (B) 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.</DELETED>
                <DELETED>    (C) 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.</DELETED>
<DELETED>    (c) Use of Trust Land.--</DELETED>
        <DELETED>    (1) In general.--Subject to the criteria developed 
        under paragraph (2), the trust land may be used only for--
        </DELETED>
                <DELETED>    (A) traditional and customary uses; 
                or</DELETED>
                <DELETED>    (B) stewardship conservation for the 
                benefit of the Pueblo for which the trust land is held 
                in trust.</DELETED>
        <DELETED>    (2) Criteria.--The Secretary shall work with the 
        Pueblos to develop appropriate criteria for using the trust 
        land in a manner that preserves the trust land for traditional 
        and customary uses or stewardship conservation.</DELETED>
        <DELETED>    (3) Limitation.--Beginning on the date of 
        enactment of this Act, the trust land shall not be used for any 
        new commercial developments.</DELETED>

<DELETED>SEC. 6. EFFECT.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) affects any valid right-of-way, lease, permit, 
        mining claim, grazing permit, water right, or other right or 
        interest of a person or entity (other than the United States) 
        that is--</DELETED>
                <DELETED>    (A) in or to the trust land; and</DELETED>
                <DELETED>    (B) in existence before the date of 
                enactment of this Act;</DELETED>
        <DELETED>    (2) enlarges, impairs, or otherwise affects a 
        right or claim of the Pueblos to any land or interest in land 
        that is--</DELETED>
                <DELETED>    (A) based on Aboriginal or Indian title; 
                and</DELETED>
                <DELETED>    (B) in existence before the date of 
                enactment of this Act;</DELETED>
        <DELETED>    (3) constitutes an express or implied reservation 
        of water or water right with respect to the trust land; 
        or</DELETED>
        <DELETED>    (4) affects any water right of the Pueblos in 
        existence before the date of enactment of this Act.</DELETED>
    (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.




                                                       Calendar No. 124

108th CONGRESS

  1st Session

                                 S. 246

                          [Report No. 108-60]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                              June 9, 2003

                        Reported with amendments