[Congressional Record Volume 147, Number 161 (Tuesday, November 27, 2001)]
[House]
[Pages H8392-H8393]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REQUIRING VALUATION OF NONTRIBAL INTEREST OWNERSHIP WITHIN ACOMA INDIAN 
                              RESERVATION

  Mr. HAYWORTH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1913) to require the valuation of nontribal interest 
ownership of subsurface rights within the boundaries of the Acoma 
Indian Reservation, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 1913

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PUEBLO OF ACOMA LAND AND MINERAL CONSOLIDATION.

       (a) Valuation.--Not later than 6 months after the date of 
     the enactment of this section, the Secretary of the Interior 
     shall determine the extent and the value of the nontribal 
     interest ownership of the subsurface rights, including 
     mineral rights, within the boundaries of the Acoma Indian 
     Reservation.
       (b) Land Exchanges.--Upon completion of the valuation 
     required by subsection (a), the Secretary shall, unless the 
     Secretary exercises an option under subsection (c), negotiate 
     an exchange with any willing sellers of interests in 
     nontribal land (including interests in mineral or other 
     surface or subsurface rights) within the boundaries of the 
     Acoma Indian Reservation for interests in Federal land that 
     is--
       (1) located within the boundaries of the State of New 
     Mexico;
       (2) identified by the Bureau of Land Management as 
     available for disposal; and
       (3) of approximately the same value as the interest in land 
     for which it is being exchanged.
       (c) Purchase Option.--At the discretion of the Secretary, 
     instead of a land exchange under subsection (b), the 
     Secretary may acquire interests in nontribal land (including 
     interests in mineral or other surface or subsurface rights) 
     within the boundaries of the Acoma Indian Reservation 
     through--
       (1) direct cash purchase of the interests in nontribal land 
     for the fair market value determined under subsection (a);
       (2) issuance to any owner of the interests in nontribal 
     land of a Certificate of Bidding Rights in such form and 
     manner as provided for under regulations promulgated by the 
     Secretary under provisions of the Act of February 25, 1920 
     (commonly known as the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.)) or the Outer Continental Shelf Lands Act (43 U.S.C. 
     1331 et seq.) for mineral leasing and bidding rights equal to 
     the fair market value determined under subsection (a).
       (d) Cost Sharing.--The costs of the valuation required 
     under subsection (a) and any land exchange under subsection 
     (b) shall be equally shared between the owners of the 
     interests in nontribal land and the Secretary. This 
     subsection shall apply to the cost of the valuation under 
     subsection (a) even if the Secretary elects to exercise the 
     options for acquisition under subsection (c).
       (e) Timeline; Land Taken Into Trust.--The Secretary shall 
     complete such negotiations and exchanges not later than 3 
     years after the date of the enactment of this section and 
     shall place interests in land within the boundaries of the 
     Acoma Indian Reservation that are acquired under this section 
     into trust for the Pueblo of Acoma.

                              {time}  1915

  The SPEAKER pro tempore (Mr. Isakson). Pursuant to the rule, the 
gentleman from Arizona (Mr. Hayworth) and the gentleman from West 
Virginia (Mr. Rahall) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Hayworth).
  Mr. HAYWORTH. Mr. Speaker, on this important piece of legislation 
that so vitally affects people in his home State, it is my privilege to 
yield 5 minutes to the gentleman from New Mexico (Mr. Skeen), the chair 
of the Subcommittee on the Interior of the Committee on Appropriations.
  Mr. SKEEN. Mr. Speaker, I rise today to ask my colleagues to support 
H.R. 1913, legislation which will benefit the Native American people of 
the Acoma Pueblo in New Mexico, the State of New Mexico, and the U.S. 
Government.
  I would like to especially take the time to thank the Committee on 
Resources for their assistance in moving this legislation. The 
subcommittee chairwoman, the gentlewoman from Wyoming (Mrs. Cubin), and 
the ranking member, the gentleman from Wisconsin (Mr. Kind), and their 
staffs have been very helpful with this bill. I thank the Committee on 
Resources for their assistance in moving this legislation.
  The Acoma Pueblo comprises some 380,000 acres located 56 miles West 
of Albuquerque. The legislation deals with the subsurface mineral 
rights of Acoma Pueblo trust lands.
  The people of Acoma Pueblo, like many Native American tribes, have

[[Page H8393]]

sought to restore the reservation to its historic boundaries. Over 
6,000 Pueblo members live on or around the Acoma Mesa, which was 
originally referred to as the Sky City. The older village lies 365 feet 
above the surrounding valley of sparse dry farmland, with a mixture of 
pinon and juniper trees.
  It is thought to be one of the oldest continually inhabited sites in 
the United States, first reported by Fray Marcos de Niza in 1539, and 
then visited by Francisco de Coronado's army in 1540.
  In 1998, the Pueblo purchased a large ranch that adjoined the 
reservation, and subsequently the Secretary of the Interior took over 
100,000 surface acres into trust for the Pueblo, and it became a 
permanent part of the reservation.
  When Acoma purchased the ranch, the subsurface mineral rights were 
not part of the land transfer. As we know, this is not an uncommon 
practice, where only the surface estate is sold from owner to owner. 
Much of this practice goes back to the settling of the West, when the 
government awarded the checkerboard pieces of land to railroads in 
return for their building lines across the Nation. The railroads sold 
the land to finance their companies' activities, but kept the 
subsurface mineral estate.
  Under this legislation, the current owner of the subsurface estate 
would enter into an exchange agreement with the Bureau of Land 
Management, BLM, for the equivalent valued Federal lands and rights. In 
return, the BLM would receive the subsurface rights within the Pueblo 
boundaries, which would be placed into trust by the Secretary of the 
Interior for the benefit of the Acoma Pueblo, unifying both the surface 
and subsurface estate.
  This legislation amounts to a win-win for all the stakeholders 
involved.
  First, the Acoma Pueblo does not have to worry about the holder of 
the subsurface mineral rights attempting to exercise its rights. This 
legislation gives them the total control over their lands that they 
need and deserve under the responsibility of the United States.
  The current third-party owner of the subsurface mineral estate is 
made whole without having to exercise their rights and being placed in 
a conflict with the Acoma Pueblo.
  Finally, the public wins because excess Federal lands will go into 
the private sector and will be returned to the tax rolls.
  The Acoma people are part of a proud Pueblo which provides New Mexico 
with a major portion of the rich cultural heritage which makes my State 
the land of enchantment.
  In closing, I ask the House of Representatives to do the right thing 
and to pass this legislation so that the Acoma people can continue 
their journey to greatness.
  Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the subject matter of this legislation has already been 
explained. It is noncontroversial. I fully support it.
  I do want to take this opportunity to commend the bill's sponsor, the 
gentleman from New Mexico (Mr. Skeen), who serves as chairman of the 
Subcommittee on the Interior of the Committee on Appropriations.
  I commend him not only for sponsoring this bill pending before us 
today, but for his outstanding leadership on the Interior 
appropriations bill this year.
  All too often in the past, that particular appropriation bill has 
been the subject and the target for controversial riders that are 
unfriendly to the environment. This has often bogged down consideration 
of this appropriations measure, which funds so many programs of 
importance to Americans and American resources.
  To his credit, the gentleman from New Mexico produced a relatively 
clean bill this year, then adequately funded the programs under his 
jurisdiction, within, of course, the constraints of the budget.
  So I want to thank the gentleman from New Mexico (Mr. Skeen) for his 
excellent leadership. He has done a great service to this body, and 
indeed, to the American people. I look forward to continuing to work 
with him in the future in his position as chairman of the 
appropriations subcommittee.
  Mr. SKEEN. Mr. Speaker, will the gentleman yield?
  Mr. RAHALL. I yield to the gentleman from New Mexico.
  Mr. SKEEN. Mr. Speaker, I thank the gentleman for being so kind.
  Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
  Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from West Virginia (Mr. Rahall) 
for his support of this legislation and in praise of my good friend and 
my neighbor, the gentleman from New Mexico.
  Mindful of the importance of this bill to a sovereign tribe within 
the great State of New Mexico, I would urge the House to pass this 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Hayworth) that the House suspend the rules 
and pass the bill, H.R. 1913, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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