[Congressional Record Volume 149, Number 88 (Monday, June 16, 2003)]
[Senate]
[Pages S7934-S7936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




LAND HELD IN TRUST FOR THE PUEBLO OF SANTA CLARA AND THE PUEBLO OF SAN 
                  ILDEFONSO IN THE STATE OF NEW MEXICO

  The Senate proceeded to consider the bill (S. 246) 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, which had been reported from the Committee on Energy and 
Natural Resources, with amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                 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.
       (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.] New Mexico, as part of the Santa Clara 
     Reservation.
       (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.] New Mexico, as part of the San 
     Ildefonso Reservation.
       (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

[[Page S7935]]

     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.]
       (a) Applicable Law.--The trust land shall be administered 
     in accordance with laws generally applicable to property held 
     in trust by the United States for Indian tribes.
       (b) Pueblo Lands Act.--The following shall be subject to 
     section 17 of the Act of June 7, 1924 (25 U.S.C. 331 note; 
     commonly known as the ``Pueblo Lands Act''):
       (1) The trust land.
       (2) 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.
       (3) 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 Ildefonso in the San Ildefonso Pueblo Grant.
       (c) Use of Trust Land.--Subject to criteria developed by 
     the Pueblos in concert with the Secretary, the trust land may 
     be used only for traditional and customary uses or 
     stewardship conservation for the benefit of the Pueblo for 
     which the trust land is held in trust. 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 any person or entity (other than the United 
     States) in or to the trust land that is 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 based on 
     Aboriginal or Indian title that is in existence before the 
     date of enactment of this Act;
       (3) constitutes an express or implied reservation of water 
     or water right for any purpose 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.

  The committee amendments were agreed to.
  The bill (S. 246), as amended, was read the third time and passed.

                                 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.
       (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, as part of the Santa Clara Reservation.
       (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, as part of the San Ildefonso 
     Reservation.
       (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) Applicable Law.--The trust land shall be administered 
     in accordance with laws generally applicable to property held 
     in trust by the United States for Indian tribes.
       (b) Pueblo Lands Act.--The following shall be subject to 
     section 17 of the Act of June 7, 1924 (25 U.S.C. 331 note; 
     commonly known as the ``Pueblo Lands Act''):
       (1) The trust land.
       (2) 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.
       (3) 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 Ildefonso in the San Ildefonso Pueblo Grant.
       (c) Use of Trust Land.--Subject to criteria developed by 
     the Pueblos in concert with the Secretary, the trust land may 
     be used only for traditional and customary uses or 
     stewardship conservation for the benefit of the Pueblo for 
     which the trust land is held in trust. 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 any person or entity (other than the United 
     States) in or to the trust land that is 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 based on 
     Aboriginal or Indian title that is in existence before the 
     date of enactment of this Act;
       (3) constitutes an express or implied reservation of water 
     or water right for any purpose 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.

[[Page S7936]]



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