[Congressional Record Volume 146, Number 126 (Wednesday, October 11, 2000)]
[Senate]
[Pages S10268-S10270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           SANTO DOMINGO PUEBLO CLAIMS SETTLEMENT ACT OF 2000

  Mr. WARNER. Mr. President, I ask unanimous consent that the Energy 
Committee be discharged from further consideration of S. 2917, and the 
Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2917) to settle the land claims of the Pueblo of 
     Santo Domingo.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. WARNER. I ask unanimous consent that the bill be read a third 
time and passed, the motion to reconsider be laid upon the table, and 
that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2917) was read the third time and passed, as follows:

                                S. 2917

       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 ``Santo Domingo Pueblo Claims 
     Settlement Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) For many years the Pueblo of Santo Domingo has been 
     asserting claims to lands within its aboriginal use area in 
     north central New Mexico. These claims have been the subject 
     of many lawsuits, and a number of these claims remain 
     unresolved.
       (2) In December 1927, the Pueblo Lands Board, acting 
     pursuant to the Pueblo Lands Act of 1924 (43 Stat. 636) 
     confirmed a survey of the boundaries of the Pueblo of Santo 
     Domingo Grant. However, at the same time the Board purported 
     to extinguish Indian title to approximately 27,000 acres of 
     lands within those grant boundaries which lay within 3 other 
     overlapping Spanish land grants. The United States Court of 
     Appeals in United States v. Thompson (941 F.2d 1074 (10th 
     Cir. 1991), cert. denied 503 U.S. 984 (1992)), held that the 
     Board ``ignored an express congressional directive'' in 
     section 14 of the Pueblo Lands Act, which ``contemplated that 
     the Pueblo would retain title to and possession of all 
     overlap land''.
       (3) The Pueblo of Santo Domingo has asserted a claim to 
     another 25,000 acres of land

[[Page S10269]]

     based on the Pueblo's purchase in 1748 of the Diego Gallegos 
     Grant. The Pueblo possesses the original deed reflecting the 
     purchase under Spanish law but, after the United States 
     assumed sovereignty over New Mexico, no action was taken to 
     confirm the Pueblo's title to these lands. Later, many of 
     these lands were treated as public domain, and are held today 
     by Federal agencies, the State Land Commission, other Indian 
     tribes, and private parties. The Pueblo's lawsuit asserting 
     this claim, Pueblo of Santo Domingo v. Rael (Civil No. 83-
     1888 (D.N.M.)), is still pending.
       (4) The Pueblo of Santo Domingo's claims against the United 
     States in docket No. 355 under the Act of August 13, 1946 (60 
     Stat. 1049; commonly referred to as the Indian Claims 
     Commission Act) have been pending since 1951. These claims 
     include allegations of the Federal misappropriation and 
     mismanagement of the Pueblo's aboriginal and Spanish grant 
     lands.
       (5) Litigation to resolve the land and trespass claims of 
     the Pueblo of Santo Domingo would take many years, and the 
     outcome of such litigation is unclear. The pendency of these 
     claims has clouded private land titles and has created 
     difficulties in the management of public lands within the 
     claim area.
       (6) The United States and the Pueblo of Santo Domingo have 
     negotiated a settlement to resolve all existing land claims, 
     including the claims described in paragraphs (2) through (4).
       (b) Purpose.--It is the purpose of this Act--
       (1) to remove the cloud on titles to land in the State of 
     New Mexico resulting from the claims of the Pueblo of Santo 
     Domingo, and to settle all of the Pueblo's claims against the 
     United States and third parties, and the land, boundary, and 
     trespass claims of the Pueblo in a fair, equitable, and final 
     manner;
       (2) to provide for the restoration of certain lands to the 
     Pueblo of Santo Domingo and to confirm the Pueblo's 
     boundaries;
       (3) to clarify governmental jurisdiction over the lands 
     within the Pueblo's land claim area; and
       (4) to ratify a Settlement Agreement between the United 
     States and the Pueblo which includes--
       (A) the Pueblo's agreement to relinquish and compromise its 
     land and trespass claims;
       (B) the provision of $8,000,000 to compensate the Pueblo 
     for the claims it has pursued pursuant to the Act of August 
     13, 1946 (60 Stat. 1049; commonly referred to as the Indian 
     Claims Commission Act);
       (C) the transfer of approximately 4,577 acres of public 
     land to the Pueblo;
       (D) the sale of approximately 7,355 acres of national 
     forest lands to the Pueblo; and
       (E) the authorization of the appropriation of $15,000,000 
     over 3 consecutive years which would be deposited in a Santo 
     Domingo Lands Claims Settlement Fund for expenditure by the 
     Pueblo for land acquisition and other enumerated tribal 
     purposes.
       (c) Rule of Construction.--Nothing in this Act shall be 
     construed to effectuate an extinguishment of, or to otherwise 
     impair, the Pueblo's title to or interest in lands or water 
     rights as described in section 5(a)(2).

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Federally administered lands.--The term ``federally 
     administered lands'' means lands, waters, or interests 
     therein, administered by Federal agencies, except for the 
     lands, waters, or interests therein that are owned by, or for 
     the benefit of, Indian tribes or individual Indians.
       (2) Fund.--The term ``Fund'' means the Pueblo of Santo 
     Domingo Land Claims Settlement Fund established under section 
     5(b)(1).
       (3) Pueblo.--The term ``Pueblo'' means the Pueblo of Santo 
     Domingo.
       (4) Santo domingo pueblo grant.--The term ``Santo Domingo 
     Pueblo Grant'' means all of the lands within the 1907 Hall-
     Joy Survey, as confirmed by the Pueblo Lands Board in 
     1927.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior unless expressly stated otherwise.
       (6) Settlement agreement.--The term ``Settlement 
     Agreement'' means the Settlement Agreement dated May 26, 
     2000, between the Departments of the Interior, Agriculture, 
     and Justice and the Pueblo of Santo Domingo to Resolve All of 
     the Pueblo's Land Title and Trespass Claims.

     SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

       The Settlement Agreement is hereby approved and ratified.

     SEC. 5. RESOLUTION OF DISPUTES AND CLAIMS.

       (a) Relinquishment, Extinguishment, and Compromise of Santo 
     Domingo Claims.--
       (1) Extinguishment.--
       (A) In general.--Subject to paragraph (2), in consideration 
     of the benefits provided under this Act, and in accordance 
     with the Settlement Agreement pursuant to which the Pueblo 
     has agreed to relinquish and compromise certain claims, the 
     Pueblo's land and trespass claims described in subparagraph 
     (B) are hereby extinguished, effective as of the date 
     specified in paragraph (5).
       (B) Claims.--The claims described in this subparagraph are 
     the following:
       (i) With respect to the Pueblo's claims against the United 
     States, its agencies, officers, and instrumentalities, all 
     claims to land, whether based on aboriginal or recognized 
     title, and all claims for damages or other judicial relief or 
     for administrative remedies pertaining in any way to the 
     Pueblo's land, such as boundary, trespass, and mismanagement 
     claims, including any claim related to--

       (I) any federally administered lands, including National 
     Forest System lands designated in the Settlement Agreement 
     for possible sale or exchange to the Pueblo;
       (II) any lands owned or held for the benefit of any Indian 
     tribe other than the Pueblo; and
       (III) all claims which were, or could have been brought 
     against the United States in docket No. 355, pending in the 
     United States Court of Federal Claims.

       (ii) With respect to the Pueblo's claims against persons, 
     the State of New Mexico and its subdivisions, and Indian 
     tribes other than the Pueblo, all claims to land, whether 
     based on aboriginal or recognized title, and all claims for 
     damages or other judicial relief or for administrative 
     remedies pertaining in any way to the Pueblo's land, such as 
     boundary and trespass claims.
       (iii) All claims listed on pages 13894-13895 of volume 48 
     of the Federal Register, published on March 31, 1983, except 
     for claims numbered 002 and 004.
       (2) Rule of construction.--Nothing in this Act (including 
     paragraph (1)) shall be construed--
       (A) to in any way effectuate an extinguishment of or 
     otherwise impair--
       (i) the Pueblo's title to lands acquired by or for the 
     benefit of the Pueblo since December 28, 1927, or in a tract 
     of land of approximately 150.14 acres known as the ``sliver 
     area'' and described on a plat which is appendix H to the 
     Settlement Agreement;
       (ii) the Pueblo's title to land within the Santo Domingo 
     Pueblo Grant which the Pueblo Lands Board found not to have 
     been extinguished; or
       (iii) the Pueblo's water rights appurtenant to the lands 
     described in clauses (i) and (ii); and
       (B) to expand, reduce, or otherwise impair any rights which 
     the Pueblo or its members may have under existing Federal 
     statutes concerning religious and cultural access to and uses 
     of the public lands.
       (3) Confirmation of determination.--The Pueblo Lands 
     Board's determination on page 1 of its Report of December 28, 
     1927, that Santo Domingo Pueblo title, derived from the Santo 
     Domingo Pueblo Grant to the lands overlapped by the La 
     Majada, Sitio de Juana Lopez and Mesita de Juana Lopez Grants 
     has been extinguished is hereby confirmed as of the date of 
     that Report.
       (4) Transfers prior to enactment.--
       (A) In general.--In accordance with the Settlement 
     Agreement, any transfer of land or natural resources, prior 
     to the date of enactment of this Act, located anywhere within 
     the United States from, by, or on behalf of the Pueblo, or 
     any of the Pueblo's members, shall be deemed to have been 
     made in accordance with the Act of June 30, 1834 (4 Stat. 
     729; commonly referred to as the Trade and Intercourse Act), 
     section 17 of the Act of June 7, 1924 (43 Stat. 641; commonly 
     referred to as the Pueblo Lands Act), and any other provision 
     of Federal law that specifically applies to transfers of land 
     or natural resources from, by, or on behalf of an Indian 
     tribe, and such transfers shall be deemed to be ratified 
     effective as of the date of the transfer.
       (B) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to affect or eliminate the personal claim 
     of any individual Indian which is pursued under any law of 
     general applicability that protects non-Indians as well as 
     Indians.
       (5) Effective date.--The provisions of paragraphs (1), (3), 
     and (4) shall take effect upon the entry of a compromise 
     final judgment, in a form and manner acceptable to the 
     Attorney General, in the amount of $8,000,000 in the case of 
     Pueblo of Santo Domingo v. United States (Indian Claims 
     Commission docket No. 355). The judgment so entered shall 
     be paid from funds appropriated pursuant to section 1304 
     of title 31, United States Code.
       (b) Trust Funds; Authorization of Appropriations.--
       (1) Establishment.--There is hereby established in the 
     Treasury a trust fund to be known as the ``Pueblo of Santo 
     Domingo Land Claims Settlement Fund''. Funds deposited in the 
     Fund shall be subject to the following conditions:
       (A) The 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).
       (B) Subject to the provisions of paragraph (3), monies 
     deposited into the Fund may be expended by the Pueblo to 
     acquire lands within the exterior boundaries of the exclusive 
     aboriginal occupancy area of the Pueblo, as described in the 
     Findings of Fact of the Indian Claims Commission, dated May 
     9, 1973, and for use for education, economic development, 
     youth and elderly programs, or for other tribal purposes in 
     accordance with plans and budgets developed and approved by 
     the Tribal Council of the Pueblo and approved by the 
     Secretary.
       (C) If the Pueblo withdraws monies from the Fund, neither 
     the Secretary nor the Secretary of the Treasury shall retain 
     any oversight over or liability for the accounting, 
     disbursement, or investment of such withdrawn monies.
       (D) No portion of the monies described in subparagraph (C) 
     may be paid to Pueblo members on a per capita basis.
       (E) The acquisition of lands with monies from the Fund 
     shall be on a willing-seller, willing-buyer basis, and no 
     eminent domain authority may be exercised for purposes of

[[Page S10270]]

     acquiring lands for the benefit of the Pueblo pursuant to 
     this Act.
       (F) The provisions of Public Law 93-134, governing the 
     distribution of Indian claims judgment funds, and the plan 
     approval requirements of section 203 of Public Law 103-412 
     shall not be applicable to the Fund.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $15,000,000 for deposit into the Fund, in 
     accordance with the following schedule:
       (A) $5,000,000 to be deposited in the fiscal year which 
     commences on October 1, 2001.
       (B) $5,000,000 to be deposited in the next fiscal year.
       (C) The balance of the funds to be deposited in the third 
     consecutive fiscal year.
       (3) Limitation on disbursal.--Amounts authorized to be 
     appropriated to the Fund under paragraph (2) shall not be 
     disbursed until the following conditions are met:
       (A) The case of Pueblo of Santo Domingo v. Rael (No. CIV-
     83-1888) in the United States District Court for the District 
     of New Mexico, has been dismissed with prejudice.
       (B) A compromise final judgment in the amount of $8,000,000 
     in the case of Pueblo of Santo Domingo v. United States 
     (Indian Claims Commission docket No. 355) in a form and 
     manner acceptable to the Attorney General, has been entered 
     in the United States Court of Federal Claims in accordance 
     with subsection (a)(5).
       (4) Deposits.--Funds awarded to the Pueblo consistent with 
     subsection (c)(2) in docket No. 355 of the Indian Claims 
     Commission shall be deposited into the Fund.
       (c) Activities Upon Compromise.--On the date of the entry 
     of the final compromise judgment in the case of Pueblo of 
     Santo Domingo v. United States (Indian Claims Commission 
     docket No. 355) in the United States Court of Federal Claims, 
     and the dismissal with prejudice of the case of Pueblo of 
     Santo Domingo v. Rael (No. CIV-83-1888) in the United States 
     District Court for the District of New Mexico, whichever 
     occurs later--
       (1) the public lands administered by the Bureau of Land 
     Management and described in section 6 of the Settlement 
     Agreement, and consisting of approximately 4,577.10 acres of 
     land, shall thereafter be held by the United States in trust 
     for the benefit of the Pueblo, subject to valid existing 
     rights and rights of public and private access, as provided 
     for in the Settlement Agreement;
       (2) the Secretary of Agriculture is authorized to sell and 
     convey National Forest System lands and the Pueblo shall have 
     the exclusive right to acquire these lands as provided for in 
     section 7 of the Settlement Agreement, and the funds received 
     by the Secretary of Agriculture for such sales shall be 
     deposited in the fund established under the Act of December 
     4, 1967 (16 U.S.C. 484a) and shall be available to purchase 
     non-Federal lands within or adjacent to the National Forests 
     in the State of New Mexico;
       (3) lands conveyed by the Secretary of Agriculture pursuant 
     to this section shall no longer be considered part of the 
     National Forest System and upon any conveyance of National 
     Forest lands, the boundaries of the Santa Fe National Forest 
     shall be deemed modified to exclude such lands;
       (4) until the National Forest lands are conveyed to the 
     Pueblo pursuant to this section, or until the Pueblo's right 
     to purchase such lands expires pursuant to section 7 of the 
     Settlement Agreement, such lands are withdrawn, subject to 
     valid existing rights, from any new public use or entry under 
     any Federal land law, except for permits not to exceed 1 
     year, and shall not be identified for any disposition by or 
     for any agency, and no mineral production or harvest of 
     forest products shall be permitted, except that nothing in 
     this subsection shall preclude forest management practices on 
     such lands, including the harvest of timber in the event of 
     fire, disease, or insect infestation; and
       (5) once the Pueblo has acquired title to the former 
     National Forest System lands, these lands may be conveyed by 
     the Pueblo to the Secretary of the Interior who shall accept 
     and hold such lands in the name of the United States in trust 
     for the benefit of the Pueblo.

     SEC. 6. AFFIRMATION OF ACCURATE BOUNDARIES OF SANTO DOMINGO 
                   PUEBLO GRANT.

       (a) In General.--The boundaries of the Santo Domingo Pueblo 
     Grant, as determined by the 1907 Hall-Joy Survey, confirmed 
     in the Report of the Pueblo Lands Board, dated December 28, 
     1927, are hereby declared to be the current boundaries of the 
     Grant and any lands currently owned by or on behalf of the 
     Pueblo within such boundaries, or any lands hereinafter 
     acquired by the Pueblo within the Grant in fee simple 
     absolute, shall be considered to be Indian country within the 
     meaning of section 1151 of title 18, United States Code.
       (b) Limitation.--Any lands or interests in lands within the 
     Santo Domingo Pueblo Grant, that are not owned or acquired by 
     the Pueblo, shall not be treated as Indian country within the 
     meaning of section 1151 of title 18, United States Code.
       (c) Acquisition of Federal Lands.--Any Federal lands 
     acquired by the Pueblo pursuant to section 5(c)(1) shall be 
     held in trust by the Secretary for the benefit of the Pueblo, 
     and shall be treated as Indian country within the meaning of 
     section 1151 of title 18, United States Code.
       (d) Land Subject to Provisions.--Any lands acquired by the 
     Pueblo pursuant to section 5(c), or with funds subject to 
     section 5(b), shall be subject to the provisions of section 
     17 of the Act of June 7, 1924 (43 Stat. 641; commonly 
     referred to as the Pueblo Lands Act).
       (e) Rule of Construction.--Nothing in this Act or in the 
     Settlement Agreement shall be construed to--
       (1) cloud title to federally administered lands or non-
     Indian or other Indian lands, with regard to claims of title 
     which are extinguished pursuant to section 5; or
       (2) affect actions taken prior to the date of enactment of 
     this Act to manage federally administered lands within the 
     boundaries of the Santo Domingo Pueblo Grant.

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