[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1773 Enrolled Bill (ENR)]


        S.1773

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
 To resolve certain Native American claims in New Mexico, and for other 
                                purposes.

    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 ``Pueblo de San Ildefonso Claims 
Settlement Act of 2005''.

SEC. 2. DEFINITIONS AND PURPOSES.

    (a) Definitions.--In this Act:
        (1) Administrative access.--The term ``administrative access'' 
    means the unrestricted use of land and interests in land for 
    ingress and egress by an agency of the United States (including a 
    permittee, contractor, agent, or assignee of the United States) in 
    order to carry out an activity authorized by law or regulation, or 
    otherwise in furtherance of the management of federally-owned land 
    and resources.
        (2) County.--The term ``County'' means the incorporated county 
    of Los Alamos, New Mexico.
        (3) Los alamos agreement.--The term ``Los Alamos Agreement'' 
    means the agreement among the County, the Pueblo, the Department of 
    Agriculture Forest Service, and the Bureau of Indian Affairs dated 
    January 22, 2004.
        (4) Los alamos townsite land.--``Los Alamos Townsite Land'' 
    means the land identified as Attachment B (dated December 12, 2003) 
    to the Los Alamos Agreement.
        (5) Northern tier land.--``Northern Tier Land'' means the land 
    comprising approximately 739.71 acres and identified as ``Northern 
    Tier Lands'' in Appendix B (dated August 3, 2004) to the Settlement 
    Agreement.
        (6) Pending litigation.--The term ``Pending Litigation'' means 
    the case styled Pueblo of San Ildefonso v. United States, Docket 
    Number 354, originally filed with the Indian Claims Commission and 
    pending in the United States Court of Federal Claims on the date of 
    enactment of this Act.
        (7) Pueblo.--The term ``Pueblo'' means the Pueblo de San 
    Ildefonso, a federally recognized Indian tribe (also known as the 
    ``Pueblo of San Ildefonso'').
        (8) Settlement agreement.--The term ``Settlement Agreement'' 
    means the agreement entitled ``Settlement Agreement between the 
    United States and the Pueblo de San Ildefonso to Resolve All of the 
    Pueblo's Land Title and Trespass Claims'' and dated June 7, 2005.
        (9) Settlement area land.--The term ``Settlement Area Land'' 
    means the National Forest System land located within the Santa Fe 
    National Forest, as described in Appendix B to the Settlement 
    Agreement, that is available for purchase by the Pueblo under 
    section 9(a) of the Settlement Agreement.
        (10) Settlement fund.--The term ``Settlement Fund'' means the 
    Pueblo de San Ildefonso Land Claims Settlement Fund established by 
    section 6.
        (11) Sisk act.--The term ``Sisk Act'' means Public Law 90-171 
    (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
        (12) Water system land.--The term ``Water System Land'' means 
    the federally-owned land located within the Santa Fe National 
    Forest to be conveyed to the County under the Los Alamos Agreement.
    (b) Purposes.--The purposes of this Act are--
        (1) to finally dispose, as set forth in sections 4 and 5, of 
    all rights, claims, or demands that the Pueblo has asserted or 
    could have asserted against the United States with respect to any 
    and all claims in the Pending Litigation;
        (2) to extinguish claims based on aboriginal title, Indian 
    title, or recognized title, or any other title claims under section 
    5;
        (3) to authorize the Pueblo to acquire the Settlement Area 
    Land, and to authorize the Secretary of Agriculture to convey the 
    Water System Land, the Northern Tier Land, and the Los Alamos 
    Townsite Land for market value consideration, and for such 
    consideration to be paid to the Secretary of Agriculture for the 
    acquisition of replacement National Forest land elsewhere in New 
    Mexico;
        (4) to provide that the Settlement Area Land acquired by the 
    Pueblo shall be held by the Secretary of the Interior in trust for 
    the benefit of the Pueblo;
        (5) to facilitate government-to-government relations between 
    the United States and the Pueblo regarding cooperation in the 
    management of certain land administered by the National Park 
    Service and the Bureau of Land Management as described in sections 
    7 and 8 of the Settlement Agreement;
        (6) to ratify the Settlement Agreement; and,
        (7) to ratify the Los Alamos Agreement.

SEC. 3. RATIFICATION OF AGREEMENTS.

    (a) Ratification.--The Settlement Agreement and Los Alamos 
Agreement are ratified under Federal law, and the parties to those 
agreements are authorized to carry out the provisions of the 
agreements.
    (b) Corrections and Modifications.--The respective parties to the 
Settlement Agreement and the Los Alamos Agreement are authorized, by 
mutual agreement, to correct errors in any legal description or maps, 
and to make minor modifications to those agreements.

SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.

    (a) Dismissal.--Not later than 90 days after the date of enactment 
of this Act, the United States and the Pueblo shall execute and file 
with the United States Court of Federal Claims in the Pending 
Litigation a motion for entry of final judgment in accordance with 
section 5 of the Settlement Agreement.
    (b) Compensation.--Upon entry of the final judgment under 
subsection (a), $6,900,000 shall be paid into the Settlement Fund as 
compensation to the Pueblo in accordance with section 1304 of title 31, 
United States Code.

SEC. 5. RESOLUTION OF CLAIMS.

    (a) Extinguishments.--Except as provided in subsection (b), in 
consideration of the benefits of the Settlement Agreement, and in 
recognition of the agreement of the Pueblo to the Settlement Agreement, 
all claims of the Pueblo against the United States (including any claim 
against an agency, officer, or instrumentality of the United States) 
are relinquished and extinguished, including--
        (1) any claim to land based on aboriginal title, Indian title, 
    or recognized title;
        (2) any claim for damages or other judicial relief or for 
    administrative remedies that were brought, or that were knowable 
    and could have been brought, on or before the date of the 
    Settlement Agreement;
        (3) any claim relating to--
            (A) any federally-administered land, including National 
        Park System land, National Forest System land, Public land 
        administered by the Bureau of Land Management, the Settlement 
        Area Land, the Water System Land, the Northern Tier Land, and 
        the Los Alamos Townsite Land; and
            (B) any land owned by, or held for the benefit of, any 
        Indian tribe other than the Pueblo; and
        (4) any claim that was, or that could have been, asserted in 
    the Pending Litigation.
    (b) Exceptions.--Nothing in this Act or the Settlement Agreement 
shall in any way extinguish or otherwise impair--
        (1) the title of record of the Pueblo to land held by or for 
    the benefit of the Pueblo, as identified in Appendix D to the 
    Settlement Agreement, on or before the date of enactment of this 
    Act; and,
        (2) the title of the Pueblo to the Pueblo de San Ildefonso 
    Grant, including, as identified in Appendix D to the Settlement 
    Agreement--
            (A) the title found by the United States District Court for 
        the District of New Mexico in the case styled United States v. 
        Apodoca (Number 2031, equity: December 5, 1930) not to have 
        been extinguished; and
            (B) title to any land that has been reacquired by the 
        Pueblo pursuant to the Act entitled ``An Act to quiet the title 
        to lands within Pueblo Indian land grants, and for other 
        purposes'', approved June 7, 1924 (43 Stat. 636, chapter 331);
        (3) the water rights of the Pueblo appurtenant to the land 
    described in paragraphs (1) and (2); and
        (4) any rights of the Pueblo or a member of the Pueblo under 
    Federal law relating to religious or cultural access to, and use 
    of, Federal land.
    (c) Previous Extinguishments Unimpaired.--Nothing in this Act 
affects any prior extinguishments of rights or claims of the Pueblo 
which may have occurred by operation of law.
    (d) Boundaries and Title Unaffected.--
        (1) Boundaries.--Nothing in this Act affects the location of 
    the boundaries of the Pueblo de San Ildefonso Grant.
        (2) Rights, title, and interest.--Nothing in this Act affects, 
    ratifies, or confirms the right, title, or interest of the Pueblo 
    in the land held by, or for the benefit of, the Pueblo, including 
    the land described in Appendix D of the Settlement Agreement.

SEC. 6. SETTLEMENT FUND.

    (a) Establishment.--There is established in the Treasury a fund to 
be known as the ``Pueblo de San Ildefonso Land Claims Settlement 
Fund''.
    (b) Conditions.--Monies deposited in the Settlement Fund shall be 
subject to the following conditions:
        (1) Maintenance and investment.--The Settlement 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).
        (2) Use of funds.--Subject to paragraph (3), monies deposited 
    into the Settlement Fund shall be expended by the Pueblo--
            (A) to acquire the federally administered Settlement Area 
        Land;
            (B) to pay for the acquisition of the Water System Land, as 
        provided in the Los Alamos Agreement; and
            (C) at the option of the Pueblo, to acquire other land.
        (3) Effect of withdrawal.--If the Pueblo withdraws monies from 
    the Settlement Fund, neither the Secretary of the Interior nor the 
    Secretary of the Treasury shall retain any oversight over, or 
    liability for, the accounting, disbursement, or investment of the 
    withdrawn funds.
        (4) Per capita distribution.--No portion of the funds in the 
    Settlement Fund may be paid to Pueblo members on a per capita 
    basis.
        (5) Acquisition of land.--The acquisition of land with funds 
    from the Settlement Fund shall be on a willing-seller, willing-
    buyer basis, and no eminent domain authority may be exercised for 
    purposes of acquiring land for the benefit of the Pueblo under this 
    Act.
        (6) Effect of other laws.--The Act of October 19, 1973 (Public 
    Law 93-134; 87 Stat. 466) and section 203 of the American Indian 
    Trust Fund Management Reform Act of 1994 (25 U.S.C. 4023) shall not 
    apply to the Settlement Fund.

SEC. 7. LAND OWNERSHIP ADJUSTMENTS.

    (a) Authorization.--
        (1) In general.--The Secretary of Agriculture may sell the 
    Settlement Area Land, Water System Land, and Los Alamos Townsite 
    Land, on such terms and conditions as are agreed upon and described 
    in the Settlement Agreement and the Los Alamos Agreement, including 
    reservations for administrative access and other access as shown on 
    Appendix B of the Settlement Agreement.
        (2) Effect of claims and cause of action.--Consideration for 
    any land authorized for sale by the Secretary of Agriculture shall 
    not be offset or reduced by any claim or cause of action by any 
    party to whom the land is conveyed.
    (b) Consideration.--The consideration to be paid for the Federal 
land authorized for sale in subsection (a) shall be--
        (1) for the Settlement Area Land and Water System Land, the 
    consideration agreed upon in the Settlement Agreement; and
        (2) for the Los Alamos Townsite Land, the current market value 
    based on an appraisal approved by the Forest Service as being in 
    conformity with the latest edition of the Uniform Appraisal 
    Standards for Federal Land Acquisitions.
    (c) Disposition of Receipts.--
        (1) In general.--All monies received by the Secretary of 
    Agriculture from the sale of National Forest System land as 
    authorized by this Act, including receipts from the Northern Tier 
    Land, shall be deposited into the fund established in the Treasury 
    of the United States pursuant to the Sisk Act and shall be 
    available, without further appropriation, authorization, or 
    administrative apportionment for the purchase of land by the 
    Secretary of Agriculture for National Forest System purposes in the 
    State of New Mexico, and for associated administrative costs.
        (2) Use of funds.--Funds deposited in a Sisk Act fund pursuant 
    to this Act shall not be subject to transfer or reprogramming for 
    wildlands fire management or any other emergency purposes, or used 
    to reimburse any other account.
        (3) Acquisitions of land.--In expending funds to exercise its 
    rights under the Settlement Agreement and the Los Alamos Agreement 
    with respect to the acquisition of the Settlement Area Land, the 
    County's acquisitions of the Water System Land, and the Northern 
    Tier Land (if the Pueblo exercises an option to purchase the 
    Northern Tier Land as provided in section 12(b)(2)(A), the Pueblo 
    shall use only funds in the Settlement Fund and shall not augment 
    those funds from any other source.
    (d) Valid Existing Rights and Reservations.--
        (1) In general.--The Settlement Area Land acquired by the 
    Pueblo shall be subject to all valid existing rights on the date of 
    enactment of this Act, including rights of administrative access.
        (2) Water rights.--No water rights shall be conveyed by the 
    United States.
        (3) Special use authorization.--
            (A) In general.--Nothing in this Act shall affect the 
        validity of any special use authorization issued by the Forest 
        Service within the Settlement Area Land, except that such 
        authorizations shall not be renewed upon expiration.
            (B) Reasonable access.--For access to valid occupancies 
        within the Settlement Area Land, the Pueblo and the Secretary 
        of the Interior shall afford rights of reasonable access 
        commensurate with that provided by the Secretary of Agriculture 
        on or before the date of enactment of this Act.
        (4) Water system land and los alamos townsite land.--The Water 
    System Land and Los Alamos Townsite Land acquired by the County 
    shall be subject to--
            (A) all valid existing rights; and
            (B) the rights reserved by the United States under the Los 
        Alamos Agreement.
        (5) Private landowners.--
            (A) In general.--Upon acquisition by the Pueblo of the 
        Settlement Area Land, the Secretary of the Interior, acting on 
        behalf of the Pueblo and the United States, shall execute 
        easements in accordance with any right reserved by the United 
        States for the benefit of private landowners owning property 
        that requires the use of Forest Development Road 416 (as in 
        existence on the date of enactment of this Act) and other roads 
        that may be necessary to provide legal access into the property 
        of the landowners, as the property is used on the date of this 
        Act.
            (B) Maintenance of roads.--Neither the Pueblo nor the 
        United States shall be required to maintain roads for the 
        benefit of private landowners.
            (C) Easements.--Easements shall be granted, without 
        consideration, to private landowners only upon application of 
        such landowners to the Secretary.
    (e) Forest Development Roads.--
        (1) United states right to use.--Subject to any right-of-way to 
    use, cross, and recross a road, the United States shall reserve and 
    have free and unrestricted rights to use, operate, maintain, and 
    reconstruct (at the same level of development, as in existence on 
    the date of the Settlement Agreement), those sections of Forest 
    Development Roads 57, 442, 416, 416v, 445 and 445ca referenced in 
    Appendix B of the Settlement Agreement for any and all public and 
    administrative access and other Federal governmental purposes, 
    including access by Federal employees, their agents, contractors, 
    and assigns (including those holding Forest Service permits).
        (2) Certain roads.--Notwithstanding paragraph (1), the United 
    States--
            (A) may improve Forest Development Road 416v beyond the 
        existing condition of that road to a high clearance standard 
        road (level 2); and
            (B) shall have unrestricted administrative access and non-
        motorized public trail access to the portion of Forest 
        Development Road 442 depicted in Appendix B to the Settlement 
        Agreement.
    (f) Private Mining Operations.--
        (1) COPAR pumice mine.--The United States and the Pueblo shall 
    allow the COPAR Pumice Mine to continue to operate as provided in 
    the Contract For The Sale Of Mineral Materials dated May 4, 1994, 
    and for COPAR to use portions of Forest Development Roads 57, 442, 
    416, and other designated roads within the area described in the 
    contract, for the period of the contract and thereafter for a 
    period necessary to reclaim the site.
        (2) Continuing jurisdiction.--
            (A) Administration.--Continuing jurisdiction of the United 
        States over the contract for the sale of mineral materials 
        shall be administered by the Secretary of the Interior.
            (B) Expiration of contract.--Upon expiration of the 
        contract described in subparagraph (A), jurisdiction over 
        reclamation shall be assumed by the Secretary of the Interior.
        (3) Effect on existing rights.--Nothing in this Act limits or 
    enhances the rights of COPAR under the Contract For The Sale Of 
    Mineral Materials dated May 4, 1994.

SEC. 8. CONVEYANCES.

    (a) Authorization.--
        (1) Consideration from pueblo.--Upon receipt of the 
    consideration from the Pueblo for the Settlement Area Land and the 
    Water System Land, the Secretary of Agriculture shall execute and 
    deliver--
            (A) to the Pueblo, a quitclaim deed to the Settlement Area 
        Land; and
            (B) to the County, a quitclaim deed to the Water System 
        Land, reserving--
                (i) a contingent remainder in the United States in 
            trust for the benefit of the Pueblo in accordance with the 
            Los Alamos Agreement; and
                (ii) a right of access for the United States for the 
            Pueblo for ceremonial and other cultural purposes.
        (2) Consideration from county.--Upon receipt of the 
    consideration from the County for all or a portion of the Los 
    Alamos Townsite Land, the Secretary of Agriculture shall execute 
    and deliver to the County a quitclaim deed to all or portions of 
    such land, as appropriate.
        (3) Execution.--An easement or deed of conveyance by the 
    Secretary of Agriculture under this Act shall be executed by the 
    Director of Lands and Minerals, Forest Service, Southwestern 
    Region, Department of Agriculture.
    (b) Authorization for Pueblo To Convey in Trust.--Upon receipt by 
the Pueblo of the quitclaim deed to the Settlement Land under 
subsection (a)(1), the Pueblo may quitclaim the Settlement Land to the 
United States, in trust for the Pueblo.
    (c) Adequacy of Conveyance Instruments.--Notwithstanding the status 
of the Federal land as public domain or acquired land, no instrument of 
conveyance other than a quitclaim deed shall be required to convey the 
Settlement Area Land, the Water System Land, the Northern Tier Land, or 
the Los Alamos Townsite Land under this Act.
    (d) Surveys.--The Secretary of Agriculture is authorized to perform 
and approve any required cadastral survey.
    (e) Contributions.--Notwithstanding section 3302 of title 31, 
United States Code, or any other provision of law, the Secretary of 
Agriculture may accept and use contributions of cash or services from 
the Pueblo, other governmental entities, or other persons--
        (1) to perform and complete required cadastral surveys for the 
    Settlement Area Land, the Water System Land, the Northern Tier 
    Land, or the Los Alamos Townsite Land, as described in the 
    Settlement Agreement or the Los Alamos Agreement; and
        (2) to carry out any other project or activity under--
            (A) this Act;
            (B) the Settlement Agreement; or
            (C) the Los Alamos Agreement.

SEC. 9. TRUST STATUS AND NATIONAL FOREST BOUNDARIES.

    (a) Operation of Law.--Without any additional administrative action 
by the Secretary of Agriculture or the Secretary of the Interior--
        (1) on recording the quitclaim deed or deeds from the Pueblo to 
    the United States in trust for the Pueblo under section 8(b) in the 
    Land Titles and Records Office, Southwest Region, Bureau of Indian 
    Affairs--
            (A) the Settlement Area Land shall be held in trust by the 
        United States for the benefit of the Pueblo; and
            (B) the boundaries of the Santa Fe National Forest shall be 
        deemed to be modified to exclude from the National Forest 
        System the Settlement Area Land; and
        (2) on recording the quitclaim deed or deeds from the Secretary 
    of Agriculture to the County of the Water System Land in the county 
    land records, the boundaries of the Santa Fe National Forest shall 
    be deemed to be modified to exclude from the National Forest System 
    the Water System Land.
    (b) Future Interests.--If fee title to the Water System Land vests 
in the Pueblo by conveyance or operation of law, the Water System Land 
shall be deemed to be held in trust by the United States for the 
benefit of the Pueblo, without further administrative procedures or 
environmental or other analyses.
    (c)  Nonintercourse Act.--Any land conveyed to the Secretary of the 
Interior in trust for the Pueblo or any other tribe in accordance with 
this Act shall be--
        (1) subject to the Act of June 30, 1834 (25 U.S.C. 177); and
        (2) treated as reservation land.

SEC. 10. INTERIM MANAGEMENT.

    Subject to valid existing rights, prior to the conveyance under 
section 9, the Secretary of Agriculture, with respect to the Settlement 
Area Land, the Water System Land, the Northern Tier Land, and the Los 
Alamos Townsite Land--
        (1) shall not encumber or dispose of the land by sale, 
    exchange, or special use authorization, in such a manner as to 
    substantially reduce the market value of the land;
        (2) shall take any action that the Secretary determines to be 
    necessary or desirable--
            (A) to protect the land from fire, disease, or insect 
        infestation; or
            (B) to protect lives or property; and
        (3) may, in consultation with the Pueblo or the County, as 
    appropriate, authorize a special use of the Settlement Area Land, 
    not to exceed 1 year in duration.

SEC. 11. WITHDRAWAL.

    Subject to valid existing rights, the land referenced in the 
notices of withdrawal of land in New Mexico (67 Fed. Reg. 7193; 68 Fed. 
Reg. 75628) is withdrawn from all location, entry, and patent under the 
public land laws and mining and mineral leasing laws of the United 
States, including geothermal leasing laws.

SEC. 12. CONVEYANCE OF THE NORTHERN TIER LAND.

    (a) Conveyance Authorization.--
        (1) In general.--Subject to valid existing rights, including 
    reservations in the United States and any right under this section, 
    the Secretary of Agriculture shall sell the Northern Tier Land on 
    such terms and conditions as the Secretary may prescribe as being 
    in the public interest and in accordance with this section.
        (2) Effect of paragraph.--The authorization under paragraph (1) 
    is solely for the purpose of consolidating Federal and non-Federal 
    land to increase management efficiency and is not in settlement or 
    compromise of any claim of title by any Pueblo, Indian tribe, or 
    other entity.
    (b) Rights of Refusal.--
        (1) Pueblo of santa clara.--
            (A) In general.--In consideration for an easement under 
        subsection (e)(2), the Pueblo of Santa Clara shall have an 
        exclusive option to purchase the Northern Tier Land for the 
        period beginning on the date of enactment of this Act and 
        ending 90 days thereafter.
            (B) Resolution.--Within the period prescribed in 
        subparagraph (A), the Pueblo of Santa Clara may exercise its 
        option to acquire the Northern Tier Land by delivering to the 
        Regional Director of Lands and Minerals, Forest Service, 
        Southwestern Region, Department of Agriculture, a resolution of 
        the Santa Clara Tribal Council expressing the unqualified 
        intent of the Pueblo of Santa Clara to purchase the land at the 
        offered price.
            (C) Failure to act.--If the Pueblo of Santa Clara does not 
        exercise its option to purchase the Northern Tier Land within 
        the 90-day period under subparagraph (A), or fails to close on 
        the purchase of such land within 1 year of the date on which 
        the option to purchase was exercised, the Secretary of 
        Agriculture shall offer the Northern Tier Land for sale to the 
        Pueblo.
        (2) Offer to pueblo.--
            (A) In general.--Not later than 90 days after receiving a 
        written offer from the Secretary of Agriculture under paragraph 
        (1)(C), the Pueblo may exercise its option to acquire the 
        Northern Tier Land by delivering to the Regional Director of 
        Lands and Minerals, Forest Service, Southwestern Region, a 
        resolution of the Pueblo Tribal Council expressing the 
        unqualified intent of the Pueblo to purchase the land at the 
        offered price.
            (B) Failure of pueblo to act.--If the Pueblo fails to 
        exercise its option to purchase the Northern Tier Land within 
        90 days after receiving an offer from the Secretary of 
        Agriculture, or fails to close on the purchase of such land 
        within 1 year of the date on which the option to purchase was 
        exercised under subparagraph (A), the Secretary of Agriculture 
        may sell or exchange the land to any third party in such manner 
        and on such terms and conditions as the Secretary determines to 
        be in the public interest, including by a competitive process.
        (3) Extension of time period.--The Secretary of Agriculture may 
    extend the time period for closing beyond the 1 year prescribed in 
    subsection (b), if the Secretary determines that additional time is 
    required to meet the administrative processing requirements of the 
    Federal Government, or for other reasons beyond the control of 
    either party.
    (c) Terms and Conditions of Sale.--
        (1) Purchase price.--Subject to valid existing rights and 
    reservations, the purchase price for the Northern Tier Land sold to 
    the Pueblo of Santa Clara or the Pueblo under subsection (b) shall 
    be the consideration agreed to by the Pueblo of Santa Clara 
    pursuant to that certain Pueblo of Santa Clara Tribal Council 
    Resolution No. 05-01 ``Approving Proposed San Ildefonso Claims 
    Settlement Act of 2005, and Terms for Purchase of Northern Tier 
    Lands'' that was signed by Governor J. Bruce Tafoya in January 
    2005.
        (2) Reserved rights.--On the Northern Tier Land, the United 
    States shall reserve the right to operate, maintain, reconstruct 
    (at standards in existence on the date of the Settlement 
    Agreement), replace, and use the stream gauge, and to have 
    unrestricted administrative access over the associated roads to the 
    gauge (as depicted in Appendix B of the Settlement Agreement).
        (3) Conveyance by quitclaim deed.--The conveyance of the 
    Northern Tier Land shall be by quitclaim deed executed on behalf of 
    the United States by the Director of Lands and Minerals, Forest 
    Service, Southwestern Region, Department of Agriculture.
    (d) Trust Status and Forest Boundaries.--
        (1) Acquisition of land by indian tribe.--If the Northern Tier 
    Land is acquired by an Indian tribe (including a Pueblo tribe), the 
    land may be reconveyed by quitclaim deed or deeds back to the 
    United States to be held in trust by the Secretary of the Interior 
    for the benefit of the tribe, and the Secretary of the Interior 
    shall accept the conveyance without any additional administrative 
    action by the Secretary of Agriculture or the Secretary of the 
    Interior.
        (2) Land held in trust.--On recording a quitclaim deed 
    described in paragraph (1) in the Land Titles and Records Office, 
    Southwest Region, Bureau of Indian Affairs, the Northern Tier Land 
    shall be deemed to be held in trust by the United States for the 
    benefit of the Indian tribe.
        (3) Boundaries of santa fe national forest.--Effective on the 
    date of a deed described in paragraph (1), the boundaries of the 
    Santa Fe National Forest shall be deemed modified to exclude from 
    the National Forest System the land conveyed by the deed.
    (e) Inholder and Administrative Access.--
        (1) Failure of pueblo of santa clara to act.--
            (A) In general.--If the Pueblo of Santa Clara does not 
        exercise its option to acquire the Northern Tier Land, the 
        Secretary of Agriculture or the Secretary of the Interior, as 
        appropriate, shall by deed reservations or grants on land under 
        their respective jurisdiction provide for inholder and public 
        access across the Northern Tier Land in order to provide 
        reasonable ingress and egress to private and Federal land as 
        shown in Appendix B of the Settlement Agreement.
            (B) Administration of reservations.--The Secretary of the 
        Interior shall administer any such reservations on land 
        acquired by any Indian tribe.
        (2) Effect of acceptance.--If the Pueblo of Santa Clara 
    exercises its option to acquire all of the Northern Tier Land, the 
    following shall apply:
            (A) Easements to united states.--
                (i) Definition of administrative access.--In this 
            subparagraph, the term ``administrative access'' means 
            access to Federal land by Federal employees acting in the 
            course of their official capacities in carrying out 
            activities on Federal land authorized by law or regulation, 
            and by agents and contractors of Federal agencies who have 
            been engaged to perform services necessary or desirable for 
            fire management and the health of forest resources, 
            including the cutting and removal of vegetation, and for 
            the health and safety of persons on the Federal land.
                (ii) Easements.--

                    (I) In general.--The Pueblo of Santa Clara shall 
                grant and convey at closing perpetual easements over 
                the existing roads to the United States that are 
                acceptable to the Secretary of Agriculture for 
                administrative access over the Santa Clara Reservation 
                Highway 601 (the Puye Road), from its intersection with 
                New Mexico State Highway 30, westerly to its 
                intersection with the Sawyer Canyon Road (also known as 
                Forest Development Road 445), thence southwesterly on 
                the Sawyer Canyon Road to the point at which it exits 
                the Santa Clara Reservation.
                    (II) Maintenance of roadway.--An easement under 
                this subparagraph shall provide that the United States 
                shall be obligated to contribute to maintenance of the 
                roadway commensurate with actual use.

            (B) Easements to private landowners.--Not later than 180 
        days after the date of enactment of this Act, the Pueblo of 
        Santa Clara, in consultation with private landowners, shall 
        grant and convey a perpetual easement to the private owners of 
        land within the Northern Tier Land for private access over 
        Santa Clara Reservation Highway 601 (Puye Road) across the 
        Santa Clara Indian Reservation from its intersection with New 
        Mexico State Highway 30, or other designated public road, on 
        Forest Development Roads 416, 445 and other roads that may be 
        necessary to provide access to each individually owned private 
        tract.
        (3) Approval.--The Secretary of the Interior shall approve the 
    conveyance of an easement under paragraph (2) upon receipt of 
    written approval of the terms of the easement by the Secretary of 
    Agriculture.
        (4) Adequate access provided by pueblo of santa clara.--If 
    adequate administrative and inholder access is provided over the 
    Santa Clara Indian Reservation under paragraph (2), the Secretary 
    of the Interior--
            (A) shall vacate the inholder access over that portion of 
        Forest Development Road 416 referenced in section 7(e)(5); but
            (B) shall not vacate the reservations over the Northern 
        Tier Land for administrative access under subsection (c)(2).

SEC. 13. INTER-PUEBLO COOPERATION.

    (a) Demarcation of Boundary.--The Pueblo of Santa Clara and the 
Pueblo may, by agreement, demarcate a boundary between their respective 
tribal land within Township 20 North, Range 7 East, in Rio Arriba 
County, New Mexico, and may exchange or otherwise convey land between 
them in that township.
    (b) Action by Secretary of the Interior.--In accordance with any 
agreement under subsection (a), the Secretary of the Interior shall, 
without further administrative procedures or environmental or other 
analyses--
        (1) recognize a boundary between the Pueblo of Santa Clara and 
    the Pueblo;
        (2) provide for a boundary survey;
        (3) approve land exchanges and conveyances as agreed upon by 
    the Pueblo of Santa Clara and the Pueblo; and
        (4) accept conveyances of exchanged lands into trust for the 
    benefit of the grantee tribe.

SEC. 14. DISTRIBUTION OF FUNDS PLAN.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of the Interior shall act in accordance with the Indian 
Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) 
with respect to the award entered in the compromise and settlement of 
claims under the case styled Pueblo of San Ildefonso v. United States, 
No. 660-87L, United States Court of Federal Claims.

SEC. 15. RULE OF CONSTRUCTION AND JUDICIAL REVIEW.

    Notwithstanding any provision of State law, the Settlement 
Agreement and the Los Alamos Agreement (including any real property 
conveyance under the agreements) shall be interpreted and implemented 
as matters of Federal law.

SEC. 16. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act.

SEC. 17. TIMING OF ACTIONS.

    It is the intent of Congress that the land conveyances and 
adjustments contemplated in this Act (except the conveyances and 
adjustments relating to Los Alamos Townsite Land) shall be completed 
not later than 180 days after the date of enactment of this Act.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such funds as are necessary 
to carry out this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.