[Congressional Record Volume 149, Number 105 (Wednesday, July 16, 2003)]
[House]
[Pages H6877-H6878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




HOLDING IN TRUST CERTAIN BUREAU OF LAND MANAGEMENT LANDS FOR PUEBLO OF 
         SANTA CLARA AND PUEBLO OF SAN ILDEFONSO IN NEW MEXICO

  Mr. PEARCE. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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.
  The Clerk read as follows:

                                 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.

[[Page H6878]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico (Mr. Pearce) and the gentleman from New Mexico (Mr. Udall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Mexico (Mr. Pearce).
  (Mr. PEARCE asked and was given permission to revise and extend his 
remarks.)
  Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is a New Mexico day on the floor of the House, and 
my colleague and I are here to recommend that Senate 246 be passed. It 
places 4,484 acres of Federal land managed by the Bureau of Lands 
Management in trust for two pueblos in the State of New Mexico. 
Specifically 2,484 acres will be added to the Santa Clara Reservation 
and 2,000 acres to the San Ildefonso Reservation.
  The gentleman from New Mexico (Mr. Udall) and the gentlewoman from 
New Mexico (Mrs. Wilson) are cosponsors of H.R. 508, the House 
companion to this noncontroversial measure. The lands being transferred 
to the pueblos are basically surplus land that the BLM has classified 
as ``disposal property.'' These lands are situated between the two 
pueblos in a manner that is not conducive to public access or use, and 
they are difficult for the BLM to manage. In fact, there has reportedly 
been almost no use of these lands except by the pueblos for cultural 
purposes.
  While the lands are deemed to be disposable property in the eyes of 
the Federal Government, they are valuable in the hearts of the two 
pueblos which have always asserted rights to them. Congress will be 
restoring land to the pueblos claimed as their ancestral homelands 
before the European settlers arrived. Recognizing the cultural, 
traditional, and religious importance of the land of the pueblos, the 
bill forbids any new commercial development as of the date of 
enactment. Otherwise, the pueblos will have control over managing the 
property for its intended purposes.
  The bill specifies which lands are to be transferred based on an 
agreement worked out between the two pueblos. The transfer is subject 
to any valid existing rights, and there is a provision to ensure that 
enactment does not affect any pending land plans by the pueblos.
  Similar legislation had been considered in the last Congress. It is 
supported by local governments in New Mexico and by the administration. 
We should ensure it is finally sent to the President after we pass it 
today.
  Mr. Speaker I reserve the balance of my time.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I am pleased to rise today in strong support of S. 246, 
a bill declaring that the United States hold certain Bureau of Land 
Management land in trust for the pueblos of San Ildefonso and Santa 
Clara in New Mexico. I originally introduced a similar bill in the 
107th Congress and introduced H.R. 507, companion legislation to S. 
246, at the beginning of the 108th Congress. Last Congress, Senators 
Domenici and Jeff Bingaman sponsored the Senate companion and were 
successful in incorporating it into S. 2711, the Indian Programs 
Reauthorization and Technical Amendments Act of 2002, during the 
closing days of the 107th Congress.

                              {time}  1045

  Unfortunately, the House was unable to take up this legislation prior 
to its adjournment. Accordingly, I am delighted today that the House 
will finally have the opportunity to vote on this important 
legislation.
  S. 246 will formally restore control and tribal authority of nearly 
4,500 acres of remote surplus Federal property to the two Pueblos. This 
land is culturally significant to San Ildefonso and Santa Clara. The 
bill will transfer roughly 2,000 acres of land located within its 
aboriginal domain to the San Ildefonso Pueblo and approximately 2,484 
acres to Santa Clara's Pueblo aboriginal lands will also be transferred 
to that Pueblo.
  This transfer is the result of years of negotiations between the two 
Pueblos and between the Pueblos and the Department of the Interior and 
the Bureau of Land Management.
  The Pueblos intend to maintain the natural quality of the land and 
restore the health of the ecosystem of their traditional ancestral 
lands. In addition, the lands will be used for ceremonial and other 
traditional purposes.
  Finally, the acquisition and transfer of these remote, surplus 
Federal lands has the support of the surrounding communities and other 
groups. Specifically, this includes the Counties of Santa Fe, Rio 
Arriba and Los Alamos. It also has the support of the National Congress 
of American Indians, the National Audubon Society's New Mexico State 
office, the Quivira Coalition and the Santa Fe Group of the Sierra 
Club.
  Once again, I am very pleased that we have the opportunity to pass 
this important legislation. I ask all of my colleagues today to support 
the return of this culturally significant land to the people of the San 
Ildefonso and Santa Clara Pueblos, and I thank the gentleman from New 
Mexico (Mr. Pearce) for his participation on this issue.
  Mr. Speaker, having no additional speakers, we yield back the balance 
of our time.
  Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
  As I was listening to my colleague from New Mexico, I am completely 
unfamiliar with the previous attempts to pass this legislation, and 
though I do not take credit for it, I am glad to be a part of breaking 
this logjam and getting this legislation to the next level.
  Mr. Speaker, I have no other speakers, and I yield back the balance 
of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from New Mexico (Mr. Pearce) that the House 
suspend the rules and pass the Senate bill, S. 246.
  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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