[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9963-H9966]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SANTO DOMINGO PUEBLO CLAIMS SETTLEMENT ACT OF 2000
Mr. CALVERT. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 2917) to settle the land claims of the Pueblo of Santo
Domingo.
The Clerk read 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 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.
[[Page H9964]]
(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
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:
[[Page H9965]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Calvert) and the gentleman from New Mexico (Mr. Udall)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Calvert).
Mr. CALVERT. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of S. 2917, the Santo Domingo
Pueblo Claims Settlement Act of 2000.
This important bill is a result of decades of negotiations between
the Pueblo, Department of the Interior, the Department of Justice, the
Department of Agriculture, and the State of New Mexico. The entire New
Mexico congressional delegation strongly supports this bill, as does
the administration, the Governor of New Mexico, and, most importantly,
the Pueblo.
It is not every day that we can resolve a dispute that has lasted
over 150 years. I urge my colleagues to support S. 2917.
Madam Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Madam Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Madam Speaker, S. 2917, the Santo Domingo
Pueblo Claims Settlement Act, sponsored by Senators Domenici and
Inouye, settles certain outstanding land claims by the Santo Domingo
Pueblo, located between Albuquerque and Santa Fe, New Mexico. I am the
cosponsor of the House companion, H.R. 5374. As such, I recognize the
importance of this legislation for the Pueblo people, the citizens of
New Mexico, and the Federal Government.
For years, the Pueblo of Santo Domingo has been asserting claims to
lands within its aboriginal use area in north central New Mexico. The
claims have been subject to numerous lawsuits, and a certain number of
them remain unresolved.
For example, the Pueblo has asserted a claim to 25,000 acres of land
based on the Pueblo's purchase in 1748 of the Diego Gallegos Land
Grant. The Pueblo possesses the original deed reflecting the purchase
under Spanish law; but, after the United States assumed sovereignty
over New Mexico, titles to land, including the Pueblo's title to these
lands, were never confirmed by the Federal Government. Many of these
lands were later treated as public domain with title being claimed by
Federal agencies, the New Mexico Land Commission, other Indian tribes,
and numerous private parties. Litigation is currently pending over
these issues to resolve the land and trespass claims of the Pueblo of
Santo Domingo. Such action would be expected to take many years, with
the outcome of such litigation unclear.
The settlement agreement is the result of a little over 4 years of
intense negotiations and compromise between all parties involved.
This measure accomplishes three major points. Number one, it removes
the cloud on titles to land in the State of New Mexico resulting from
the claims of the Pueblo of Santo Domingo; the Pueblo claims against
the United States and third parties; the land, boundary and trespass
claims of the Pueblo. It does this all in a fair, equitable and final
manner.
Number two, it provides for the restoration of certain lands within
the Pueblo's land claim.
Number three, it ratifies the settlement agreement between the United
States and the Pueblo, to include the Pueblo agreeing to relinquish and
compromise its land and trespass claims.
Madam Speaker, the Santo Domingo Pueblo Claims Settlement Act serves
as an excellent example of how Federal and State governments can come
together with Native American nations and individual citizens to
resolve disputes in the best interest of all parties.
This bill represents the negotiated settlement, and passage would
ratify the agreement to resolve all existing land claims.
I, therefore, urge my colleagues to pass this measure and ratify an
agreement that I believe has taken into proper consideration the many
interests involved.
Madam Speaker, I yield back the balance of my time.
Mr. CALVERT. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Calvert) that the House suspend the
rules and pass the Senate bill, S. 2917.
[[Page H9966]]
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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