1.This Act may be cited as the Pueblo
de San Ildefonso Claims Settlement Act of 2005
.
2.
(a)In
this Act:
(1)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)The
term County means the incorporated county of Los Alamos, New
Mexico.
(3)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
means the
land identified as Attachment B (dated December 12, 2003) to the Los Alamos
Agreement.
(5)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)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)The
term Pueblo means the Pueblo de San Ildefonso, a federally
recognized Indian tribe (also known as the Pueblo of San
Ildefonso
).
(8)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)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)The term Settlement Fund means the Pueblo de
San Ildefonso Land Claims Settlement Fund established by section 6.
(11)The term Sisk Act means Public Law 90–171
(commonly known as the Sisk Act) (16 U.S.C. 484a).
(12)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)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.
3.Ratification of
agreements
(a)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
ModificationsThe 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.
4.Judgment and
dismissal of litigation
(a)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)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.
5.
(a)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)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 UnimpairedNothing 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)Nothing
in this Act affects the location of the boundaries of the Pueblo de San
Ildefonso Grant.
(2)Rights, title,
and interestNothing 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.
6.
(a)There
is established in the Treasury a fund to be known as the Pueblo de San
Ildefonso Land Claims Settlement Fund
.
(b)Monies
deposited in the Settlement Fund shall be subject to the following
conditions:
(1)Maintenance and
investmentThe 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)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)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)No portion of the funds in the Settlement Fund may
be paid to Pueblo members on a per capita basis.
(5)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)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.
7.Land ownership
adjustments
(a)
(1)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 actionConsideration 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)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)
(1)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)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)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)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)No water rights shall be conveyed by the United
States.
(3)Special use
authorization
(A)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)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 landThe 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)
(A)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)Neither the Pueblo nor the United States shall be required
to maintain roads for the benefit of private landowners.
(C)Easements
shall be granted, without consideration, to private landowners only upon
application of such landowners to the Secretary.
(e)
(1)United states
right to useSubject 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)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)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)
(A)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)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 rightsNothing in this Act limits or enhances the rights
of COPAR under the Contract For The Sale Of Mineral Materials dated May 4,
1994.
8.
(a)
(1)Consideration
from puebloUpon 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 countyUpon 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)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 TrustUpon 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 InstrumentsNotwithstanding 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)The
Secretary of Agriculture is authorized to perform and approve any required
cadastral survey.
(e)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.
9.Trust status and
National Forest boundaries
(a)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)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)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.
10.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.
11.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.
12.Conveyance of
the Northern Tier Land
(a)
(1)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)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)
(1)
(A)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)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)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)
(A)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)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)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)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)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 deedThe 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 tribeIf 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)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 forestEffective 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)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 reservationsThe Secretary of the Interior shall administer
any such reservations on land acquired by any Indian tribe.
(2)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 accessIn 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)
(I)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)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 landownersNot 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)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 claraIf 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).
13.
(a)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 InteriorIn 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.
14.Distribution of
funds planNot 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.
15.Rule of
construction and judicial reviewNotwithstanding 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.
16.This Act shall take
effect on the date of enactment of this Act.
17.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.
18.Authorization of
appropriationsThere are
authorized to be appropriated such funds as are necessary to carry out this
Act.
September 6, 2006
Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed