[Congressional Record Volume 149, Number 16 (Wednesday, January 29, 2003)]
[Senate]
[Pages S1749-S1750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 246. A bill to provide that certain Bureau of Land Management land 
shall be held in trust for the Pueblo of Santa Clara and the Pueblo of 
San Ildefonso in the State of New Mexico; to the Committee on Energy 
and Natural Resources.
  Mr. DOMENICI. Mr. President, I am pleased to be joined by Senator 
Bingaman in introducing legislation that declares the United States 
holds certain public domain lands in trust for the Pueblos of San 
Ildefonso and Santa Clara in New Mexico. This body, in the 107th 
Congress, passed this legislation by unanimous consent. The House did 
not act on it's companion and so we are here today to reintroduce the 
legislation.
  In 1988 the Bureau of Land Management, BLM, pursuant to the Federal 
Lands Policy and Management Act, declared approximately 4,484 acres 
located in the eastern foothills of the Jemez Mountains in north 
central New Mexico, including portions of Garcia and Chupadero Canyons, 
to be ``disposal property.'' The Garcia Canyon surplus lands qualify 
for disposal partially because the track is an isolated tract of land 
almost inaccessible to the general public. It is bordered on three 
sides by the reservations of Santa Clara Pueblo and the Pueblo of San 
Ildefonso, and by U.S. Forest Service land on the remaining side. The 
only road access consists of unimproved roads through the two Pueblo's 
reservations. These factors have resulted in minimal or no public usage 
of the Garcia Canyon surplus lands in recent decades.
  I understand that currently there are no resource permits, leases, 
patents or claims affecting these lands; nor is it likely that any 
significant minerals exist with the Garcia Canyon transfer lands. The 
Garcia Canyon transfer lands contain a limited amount of lesser quality 
forage for livestock and have not been actively grazed for over a 
decade. However, the Garcia Canyon surplus lands constitute an 
important part of the ancestral homelands of the Pueblos of Santa Clara 
and San Ildefonso.
  Santa Clara and San Ildefonso are two of the Tewa-speaking federally-
recognized Indian Pueblos of New Mexico. Both Pueblos have occupied and 
controlled the areas where they are presently located many centuries 
before the arrival of the first Europeans in the area in the late 16th 
century. Their homelands are defined by geographical landmarks, 
cultural sites, and other distinct places whose traditional Tewa names 
and locations have been known and passed down in each Pueblo through 
the generations. Based upon these boundaries, about 2,000 acres of the 
Garcia Canyon surplus lands is within the aboriginal domain of the 
Pueblo of San Ildefonso. The remaining approximately 2,484 acres are in 
Santa Clara's aboriginal lands.
  The Bureau of Land Management currently seeks to dispose of the 
Garcia Canyon surplus lands and the Pueblos of Santa Clara and San 
Ildefonso seek to obtain these lands. In addition, the BLM and Interior 
Department for years have supported the transfer of the land to the two 
Pueblos, provided the Pueblos agree upon a division of the Garcia 
Canyon surplus lands. In response, the two Pueblos signed a formal 
agreement affirming the boundary between the respective parcels on 
December 20, 2000.
  The Pueblos of Santa Clara and San Ildefonso have worked diligently 
in arriving at this agreement. They have also worked collaboratively in 
seeking community support and garnering supporting resolutions from Los 
Alamos, Rio Arriba and Santa Fe Counties, the National Congress of 
American Indians and supporting letters from the National Audubon 
Society's New Mexico State Office, the Quivira Coalition and the Santa 
Fe Group of the Sierra Club.
  This unique situation presents a win-win opportunity to support more 
efficient management of public resources while restoring to tribal 
control isolated tracts of federal disposal property. Upon transfer, 
the Pueblos of Santa Clara and San Ildefonso intend to maintain these 
lands in their natural state and use them for sustainable traditional 
purposes including cultural resource gathering, hunting and possible 
livestock grazing. Where appropriate, both tribes are interested in 
performing work to restore and improve ecosystem health, particularly 
to support habitat for culturally significant animal and plant species. 
Both Pueblos have experience Natural Resource Management and 
Environmental Protection programs and are capable of managing these 
lands for both ecologic health and community benefits.
  We want to secure Congressional authorization to transfer control of 
these lands to the two Pueblos, with legal title being held in trust by 
the Secretary of the Interior for each of the Pueblos for their 
respective portions of the property. I urge my colleagues to support 
this legislation as they did last term. I ask unanimous consent that 
the text of the bill be printed in the Record.

                                 S. 246

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

     SECTION 1. DEFINITIONS.

       In this Act:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     entitled ``Agreement to Affirm Boundary Between Pueblo of 
     Santa Clara and Pueblo of San Ildefonso Aboriginal Lands 
     Within Garcia Canyon Tract'', entered into by the Governors 
     on December 20, 2000.
       (2) Boundary line.--The term ``boundary line'' means the 
     boundary line established under section 4(a).
       (3) Governors.--The term ``Governors'' means--
       (A) the Governor of the Pueblo of Santa Clara, New Mexico; 
     and
       (B) the Governor of the Pueblo of San Ildefonso, New 
     Mexico.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (5) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Santa Clara, New Mexico; and
       (B) the Pueblo of San Ildefonso, New Mexico.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

[[Page S1750]]

       (7) Trust land.--The term ``trust land'' means the land 
     held by the United States in trust under section 2(a) or 
     3(a).

     SEC. 2. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.

       (a) In General.--All right, title, and interest of the 
     United States in and to the land described in subsection (b), 
     including improvements on, appurtenances to, and mineral 
     rights (including rights to oil and gas) to the land, shall 
     be held by the United States in trust for the Pueblo of Santa 
     Clara, New Mexico.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 2,484 acres of 
     Bureau of Land Management land located in Rio Arriba County, 
     New Mexico, and more particularly described as--
       (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico 
     Principal Meridian, that is located north of the boundary 
     line;
       (2) the southern half of T. 20 N., R. 7 E., Sec. 23, New 
     Mexico Principal Meridian;
       (3) the southern half of T. 20 N., R. 7 E., Sec. 24, New 
     Mexico Principal Meridian;
       (4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract 
     in the southeast quarter owned by the Pueblo of San 
     Ildefonso;
       (5) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico 
     Principal Meridian, that is located north and east of the 
     boundary line;
       (6) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico 
     Principal Meridian, that is located north of the boundary 
     line;
       (7) the portion of T. 20 N., R. 8 E., Sec. 19, New Mexico 
     Principal Meridian, that is not included in the Santa Clara 
     Pueblo Grant or the Santa Clara Indian Reservation; and
       (8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not 
     included in the Santa Clara Pueblo Grant or the San Ildefonso 
     Grant.

     SEC. 3. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.

       (a) In General.--All right, title, and interest of the 
     United States in and to the land described in subsection (b), 
     including improvements on, appurtenances to, and mineral 
     rights (including rights to oil and gas) to the land, shall 
     be held by the United States in trust for the Pueblo of San 
     Ildefonso, New Mexico.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 2,000 acres of 
     Bureau of Land Management land located in Rio Arriba County 
     and Santa Fe County in the State of New Mexico, and more 
     particularly described as--
       (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico 
     Principal Meridian, that is located south of the boundary 
     line;
       (2) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico 
     Principal Meridian, that is located south and west of the 
     boundary line;
       (3) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico 
     Principal Meridian, that is located south of the boundary 
     line;
       (4) T. 20 N., R. 7 E., Sec. 34, New Mexico Principal 
     Meridian; and
       (5) the portion of T. 20 N., R. 7 E., Sec. 35, New Mexico 
     Principal Meridian, that is not included in the San Ildefonso 
     Pueblo Grant.

     SEC. 4. SURVEY AND LEGAL DESCRIPTIONS.

       (a) Survey.--Not later than 180 days after the date of 
     enactment of this Act, the Office of Cadastral Survey of the 
     Bureau of Land Management shall, in accordance with the 
     Agreement, complete a survey of the boundary line established 
     under the Agreement for the purpose of establishing, in 
     accordance with sections 2(b) and 3(b), the boundaries of the 
     trust land.
       (b) Legal Descriptions.--
       (1) Publication.--On approval by the Governors of the 
     survey completed under subsection (a), the Secretary shall 
     publish in the Federal Register--
       (A) a legal description of the boundary line; and
       (B) legal descriptions of the trust land.
       (2) Technical corrections.--Before the date on which the 
     legal descriptions are published under paragraph (1)(B), the 
     Secretary may correct any technical errors in the 
     descriptions of the trust land provided in sections 2(b) and 
     3(b) to ensure that the descriptions are consistent with the 
     terms of the Agreement.
       (3) Effect.--Beginning on the date on which the legal 
     descriptions are published under paragraph (1)(B), the legal 
     descriptions shall be the official legal descriptions of the 
     trust land.

     SEC. 5. ADMINISTRATION OF TRUST LAND.

       (a) In General.--Beginning on the date of enactment of this 
     Act--
       (1) the land held in trust under section 2(a) shall be 
     declared to be a part of the Santa Clara Indian Reservation; 
     and
       (2) the land held in trust under section 3(a) shall be 
     declared to be a part of the San Ildefonso Indian 
     Reservation.
       (b) Applicable Law.--
       (1) In general.--The trust land shall be administered in 
     accordance with any law (including regulations) or court 
     order generally applicable to property held in trust by the 
     United States for Indian tribes.
       (2) Pueblo lands act.--The following shall be subject to 
     section 17 of the Act of June 7, 1924 (commonly known as the 
     ``Pueblo Lands Act'') (25 U.S.C. 331 note):
       (A) The trust land.
       (B) Any land owned as of the date of enactment of this Act 
     or acquired after the date of enactment of this Act by the 
     Pueblo of Santa Clara in the Santa Clara Pueblo Grant.
       (C) Any land owned as of the date of enactment of this Act 
     or acquired after the date of enactment of this Act by the 
     Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant.
       (c) Use of Trust Land.--
       (1) In general.--Subject to the criteria developed under 
     paragraph (2), the trust land may be used only for--
       (A) traditional and customary uses; or
       (B) stewardship conservation for the benefit of the Pueblo 
     for which the trust land is held in trust.
       (2) Criteria.--The Secretary shall work with the Pueblos to 
     develop appropriate criteria for using the trust land in a 
     manner that preserves the trust land for traditional and 
     customary uses or stewardship conservation.
       (3) Limitation.--Beginning on the date of enactment of this 
     Act, the trust land shall not be used for any new commercial 
     developments.

     SEC. 6. EFFECT.

       Nothing in this Act--
       (1) affects any valid right-of-way, lease, permit, mining 
     claim, grazing permit, water right, or other right or 
     interest of a person or entity (other than the United States) 
     that is--
       (A) in or to the trust land; and
       (B) in existence before the date of enactment of this Act;
       (2) enlarges, impairs, or otherwise affects a right or 
     claim of the Pueblos to any land or interest in land that 
     is--
       (A) based on Aboriginal or Indian title; and
       (B) in existence before the date of enactment of this Act;
       (3) constitutes an express or implied reservation of water 
     or water right with respect to the trust land; or
       (4) affects any water right of the Pueblos in existence 
     before the date of enactment of this Act.
                                 ______