[Congressional Record Volume 151, Number 121 (Monday, September 26, 2005)]
[Senate]
[Pages S10437-S10440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 1773. A bill to resolve certain Native American claims in New 
Mexico, and for other purposes; to the Committee on Indian Affairs.
  Mr. DOMENICI. Mr. President, I rise today with my colleague, Senator 
Bingaman, to introduce a historic piece of legislation. I call this 
bill historic because its purpose is to implement the final settlement 
to be entered into under the Indian Claims Commission Act of 1946. I 
understand that passage of this legislation will complete the final 
chapter in the history of that act.
  The Indian Claims Commission Act of 1946 was enacted to allow the 
Indian Claims Commission to hear certain tribal claims filed between 
1946 and 1951. Nationally, the act has involved more than 600 claims by 
tribes. With the passage of this legislation, we will complete the 
process begun in almost sixty years ago.
  The specific claim being resolved by the Pueblo de San Ildefonso 
Claims Settlement Act of 2005 involves the San Ildefonso Pueblo's 
7,700-acre ancestral land claim against the Federal Government. This 
bill marks the successful culmination of a long-awaited settlement 
agreement between the San Ildefonso Pueblo and the United States and 
involved much hard work by all of the parties involved. The 
introduction of this legislation marks an important day for the San 
Ildefonso Pueblo and others in my home state of New Mexico. This is a 
necessary bill, and I hope that my colleagues will act quickly to 
resolve the final claim filed under the Indian Claims Commission Act of 
1946.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1773

       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 ``Pueblo de San Ildefonso 
     Claims Settlement Act of 2005''.

     SEC. 2. DEFINITIONS AND PURPOSES.

       (a) Definitions.--In this Act:
       (1) Administrative access.--The term ``administrative 
     access'' means the unrestricted use of land and interests in 
     land for ingress and egress by an agency of the United States 
     (including a permittee, contractor, agent, or assignee of the 
     United States) in order to carry out an activity authorized 
     by law or regulation, or otherwise in furtherance of the 
     management of Federally-owned land and resources.
       (2) County.--The term ``County'' means the incorporated 
     county of Los Alamos, New Mexico.
       (3) Los alamos agreement.--The term ``Los Alamos 
     Agreement'' means the agreement among the County, the Pueblo, 
     the Department of Agriculture Forest Service, and the Bureau 
     of Indian Affairs dated January, 22, 2004.
       (4) Los alamos townsite land.--``Los Alamos Townsite Land'' 
     means the land identified as Attachment B (dated December 12, 
     2003) to the Los Alamos Agreement.
       (5) Northern tier land.--``Northern Tier Land'' means the 
     land comprising approximately 739.71 acres and identified as 
     ``Northern Tier Lands'' in Appendix B (dated August 3, 2004) 
     to the Settlement Agreement.
       (6) Pending litigation.--The term ``Pending Litigation'' 
     means the case styled Pueblo of San Ildefonso v. United 
     States, Docket Number 354, originally filed with the Indian 
     Claims Commission and pending in the United States Court of 
     Federal Claims on the date of enactment of this Act.
       (7) Pueblo.--The term ``Pueblo'' means the Pueblo de San 
     Ildefonso, a Federally recognized Indian tribe (also known as 
     the ``Pueblo of San Ildefonso'').
       (8) Settlement agreement.--The term ``Settlement 
     Agreement'' means the agreement entitled ``Settlement 
     Agreement between the United States and the Pueblo de San 
     Ildefonso to Resolve All of the Pueblo's Land Title and 
     Trespass Claims'' and dated June 7, 2005.
       (9) Settlement area land.--The term ``Settlement Area 
     Land'' means the National Forest System land located within 
     the Santa Fe National Forest, as described in Appendix B to 
     the Settlement Agreement, that is available for purchase by 
     the Pueblo under section 9(a) of the Settlement Agreement.
       (10) Settlement fund.--The term ``Settlement Fund'' means 
     the Pueblo de San Ildefonso Land Claims Settlement Fund 
     established by section 6.
       (11) Sisk act.--The term ``Sisk Act'' means Public Law 90-
     171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
       (12) Water system land.--The term ``Water System Land'' 
     means the Federally-owned land located within the Santa Fe 
     National Forest to be conveyed to the County under the Los 
     Alamos Agreement.
       (b) Purposes.--The purposes of this Act are--
       (1) to finally dispose, as set forth in sections 4 and 5, 
     of all rights, claims, or demands that the Pueblo has 
     asserted or could have asserted against the United States 
     with respect to any and all claims in the Pending Litigation;
       (2) to extinguish claims based on aboriginal title, Indian 
     title, or recognized title, or any other title claims under 
     section 5;
       (3) to authorize the Pueblo to acquire the Settlement Area 
     Land, and to authorize the Secretary of Agriculture to convey 
     the Water System Land, the Northern Tier Land, and the Los 
     Alamos Townsite Land for market value consideration, and for 
     such consideration to be paid to the Secretary of Agriculture 
     for the acquisition of replacement National Forest land 
     elsewhere in New Mexico;
       (4) to provide that the Settlement Area Land acquired by 
     the Pueblo shall be held by the Secretary of the Interior in 
     trust for the benefit of the Pueblo;
       (5) to facilitate government-to-government relations 
     between the United States and the Pueblo regarding 
     cooperation in the management of certain land administered by 
     the National Park Service and the Bureau of Land Management 
     as described in sections 7 and 8 of the Settlement Agreement;
       (6) to ratify the Settlement Agreement; and,
       (7) to ratify the Los Alamos Agreement.

     SEC. 3. RATIFICATION OF AGREEMENTS.

       (a) Ratification.--The Settlement Agreement and Los Alamos 
     Agreement are ratified under Federal law, and the parties to 
     those agreements are authorized to carry out the provisions 
     of the agreements.
       (b) Corrections and Modifications.--The respective parties 
     to the Settlement Agreement and the Los Alamos Agreement are 
     authorized, by mutual agreement, to correct errors in any 
     legal description or maps, and to make minor modifications to 
     those agreements.

     SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.

       (a) Dismissal.--Not later than 90 days after the date of 
     enactment of this Act, the United States and the Pueblo shall 
     execute and file with the United States Court of Federal 
     Claims in the Pending Litigation a motion for entry of final 
     judgment in accordance with section 5 of the Settlement 
     Agreement.
       (b) Compensation.--Upon entry of the final judgment under 
     subsection (a), $6,900,000

[[Page S10438]]

     shall be paid into the Settlement Fund as compensation to the 
     Pueblo in accordance with section 1304 of title 31, United 
     States Code.

     SEC. 5. RESOLUTION OF CLAIMS.

       (a) Extinguishments.--Except as provided in subsection (b), 
     in consideration of the benefits of the Settlement Agreement, 
     and in recognition of the agreement of the Pueblo to the 
     Settlement Agreement, all claims of the Pueblo against the 
     United States (including any claim against an agency, 
     officer, or instrumentality of the United States) are 
     relinquished and extinguished, including--
       (1) any claim to land based on aboriginal title, Indian 
     title, or recognized title;
       (2) any claim for damages or other judicial relief or for 
     administrative remedies that were brought, or that were 
     knowable and could have been brought, on or before the date 
     of the Settlement Agreement;
       (3) any claim relating to--
       (A) any federally-administered land, including National 
     Park System land, National Forest System land, Public land 
     administered by the Bureau of Land Management, the Settlement 
     Area Land, the Water System Land, the Northern Tier Land, and 
     the Los Alamos Townsite Land; and
       (B) any land owned by, or held for the benefit of, any 
     Indian tribe other than the Pueblo; and
       (4) any claim that was, or that could have been, asserted 
     in the Pending Litigation.
       (b) Exceptions.--Nothing in this Act or the Settlement 
     Agreement shall in any way extinguish or otherwise impair--
       (1) the title of record of the Pueblo to land held by or 
     for the benefit of the Pueblo, as identified in Appendix D to 
     the Settlement Agreement, on or before the date of enactment 
     of this Act; and,
       (2) the title of the Pueblo to the Pueblo de San Ildefonso 
     Grant, including, as identified in Appendix D to the 
     Settlement Agreement--
       (A) the title found by the United States District Court for 
     the District of New Mexico in the case styled United States 
     v. Apodoca (Number 2031, equity: December 5, 1930) not to 
     have been extinguished; and
       (B) title to any land that has been reacquired by the 
     Pueblo pursuant to the Act entitled ``An Act to quiet the 
     title to lands within Pueblo Indian land grants, and for 
     other purposes'', approved June 7, 1924 (43 Stat. 636, 
     chapter 331);
       (3) the water rights of the Pueblo appurtenant to the land 
     described in paragraphs (1) and (2); and
       (4) any rights of the Pueblo or a member of the Pueblo 
     under Federal law relating to religious or cultural access 
     to, and use of, Federal land.
       (c) Previous Extinguishments Unimpaired.--Nothing in this 
     Act affects any prior extinguishments of rights or claims of 
     the Pueblo which may have occurred by operation of law.
       (d) Boundaries and Title Unaffected.--
       (1) Boundaries.--Nothing in this Act affects the location 
     of the boundaries of the Pueblo de San Ildefonso Grant.
       (2) Rights, title, and interest.--Nothing in this Act 
     affects, ratifies, or confirms the right, title, or interest 
     of the Pueblo in the land held by, or for the benefit of, the 
     Pueblo, including the land described in Appendix D of the 
     Settlement Agreement.

     SEC. 6. SETTLEMENT FUND.

       (a) Establishment.--There is established in the Treasury a 
     fund to be known as the ``Pueblo de San Ildefonso Land Claims 
     Settlement Fund''.
       (b) Conditions.--Monies deposited in the Settlement Fund 
     shall be subject to the following conditions:
       (1) Maintenance and investment.--The Settlement 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).
       (2) Use of funds.--Subject to paragraph (3), monies 
     deposited into the Settlement Fund shall be expended by the 
     Pueblo--
       (A) to acquire the Federally administered Settlement Area 
     Land;
       (B) to pay for the acquisition of the Water System Land, as 
     provided in the Los Alamos Agreement; and
       (C) at the option of the Pueblo, to acquire other land.
       (3) Effect of withdrawal.--If the Pueblo withdraws monies 
     from the Settlement Fund, neither the Secretary of the 
     Interior nor the Secretary of the Treasury shall retain any 
     oversight over, or liability for, the accounting, 
     disbursement, or investment of the withdrawn funds.
       (4) Per capita distribution.--No portion of the funds in 
     the Settlement Fund may be paid to Pueblo members on a per 
     capita basis.
       (5) Acquisition of land.--The acquisition of land with 
     funds from the Settlement Fund shall be on a willing-seller, 
     willing-buyer basis, and no eminent domain authority may be 
     exercised for purposes of acquiring land for the benefit of 
     the Pueblo under this Act.
       (6) Effect of other laws.--The Act of October 19, 1973 
     (Public Law 93-134; 87 Stat. 466) and section 203 of the 
     American Indian Trust Fund Management Reform Act of 1994 (25 
     U.S.C. 4023) shall not apply to the Settlement Fund.

     SEC. 7. LAND OWNERSHIP ADJUSTMENTS.

       (a) Authorization.--
       (1) In general.--The Secretary of Agriculture may sell the 
     Settlement Area Land, Water System Land, and Los Alamos 
     Townsite Land, on such terms and conditions as are agreed 
     upon and described in the Settlement Agreement and the Los 
     Alamos Agreement, including reservations for administrative 
     access and other access as shown on Appendix B of the 
     Settlement Agreement.
       (2) Effect of claims and cause of action.--Consideration 
     for any land authorized for sale by the Secretary of 
     Agriculture shall not be offset or reduced by any claim or 
     cause of action by any party to whom the land is conveyed.
       (b) Consideration.--The consideration to be paid for the 
     Federal land authorized for sale in subsection (a) shall be--
       (1) for the Settlement Area Land and Water System Land, the 
     consideration agreed upon in the Settlement Agreement; and
       (2) for the Los Alamos Townsite Land, the current market 
     value based on an appraisal approved by the Forest Service as 
     being in conformity with the latest edition of the Uniform 
     Appraisal Standards for Federal Land Acquisitions.
       (c) Disposition of Receipts.--
       (1) In general.--All monies received by the Secretary of 
     Agriculture from the sale of National Forest System land as 
     authorized by this Act, including receipts from the Northern 
     Tier Land, shall be deposited into the fund established in 
     the Treasury of the United States pursuant to the Sisk Act 
     and shall be available, without further appropriation, 
     authorization, or administrative apportionment for the 
     purchase of land by the Secretary of Agriculture for National 
     Forest System purposes in the State of New Mexico.
       (2) Use of funds.--Funds deposited in a Sisk Act fund 
     pursuant to this Act shall not be subject to transfer or 
     reprogramming for wildlands fire management or any other 
     emergency purposes, or used to reimburse any other account.
       (3) Acquisitions of land.--In expending funds to exercise 
     its rights under the Settlement Agreement and the Los Alamos 
     Agreement with respect to the acquisition of the Settlement 
     Area Land, the County's acquisitions of the Water System 
     Land, and the Northern Tier Land (if the Pueblo exercises an 
     option to purchase the Northern Tier Land as provided in 
     section 12(b)(2)(A), the Pueblo shall use only funds in the 
     Settlement Fund and shall not augment those funds from any 
     other source.
       (d) Valid Existing Rights and Reservations.--
       (1) In general.--The Settlement Area Land acquired by the 
     Pueblo shall be subject to all valid existing rights on the 
     date of enactment of this Act, including rights of 
     administrative access.
       (2) Water rights.--No water rights shall be conveyed by the 
     United States.
       (3) Special use authorization.--
       (A) In general.--Nothing in this Act shall affect the 
     validity of any special use authorization issued by the 
     Forest Service within the Settlement Area Land, except that 
     such authorizations shall not be renewed upon expiration.
       (B) Reasonable access.--For access to valid occupancies 
     within the Settlement Area Land, the Pueblo and the Secretary 
     of the Interior shall afford rights of reasonable access 
     commensurate with that provided by the Secretary of 
     Agriculture on or before the date of enactment of this Act.
       (4) Water system land and los alamos townsite land.--The 
     Water System Land and Los Alamos Townsite Land acquired by 
     the County shall be subject to--
       (A) all valid existing rights; and
       (B) the rights reserved by the United States under the Los 
     Alamos Agreement.
       (5) Private landowners.--
       (A) In general.--Upon acquisition by the Pueblo of the 
     Settlement Area Land, the Secretary of the Interior, acting 
     on behalf of the Pueblo and the United States, shall execute 
     easements in accordance with any right reserved by the United 
     States for the benefit of private landowners owning property 
     that requires the use of Forest Development Road 416 (as in 
     existence on the date of enactment of this Act) and other 
     roads that may be necessary to provide legal access into the 
     property of the landowners, as the property is used on the 
     date of this Act.
       (B) Maintenance of roads.--Neither the Pueblo nor the 
     United States shall be required to maintain roads for the 
     benefit of private landowners.
       (C) Easements.--Easements shall be granted, without 
     consideration, to private landowners only upon application of 
     such landowners to the Secretary.
       (e) Forest Development Roads.--
       (1) United states right to use.--Subject to any right-of-
     way to use, cross, and recross a road, the United States 
     shall reserve and have free and unrestricted rights to use, 
     operate, maintain, and reconstruct (at the same level of 
     development, as in existence on the date of the Settlement 
     Agreement), those sections of Forest Development Roads 57, 
     442, 416, 416v, 445 and 445ca referenced in Appendix B of the 
     Settlement Agreement for any and all public and 
     administrative access and other Federal governmental 
     purposes, including access by Federal employees, their 
     agents, contractors, and assigns (including those holding 
     Forest Service permits).
       (2) Certain roads.--Notwithstanding paragraph (1), the 
     United States--
       (A) may improve Forest Development Road 416v beyond the 
     existing condition of that road to a high clearance standard 
     road (level 2); and
       (B) shall have unrestricted administrative access and non-
     motorized public trail access

[[Page S10439]]

     to the portion of Forest Development Road 442 depicted in 
     Appendix B to the Settlement Agreement.
       (f) Private Mining Operations.--
       (1) COPAR pumice mine.--The United States and the Pueblo 
     shall allow the COPAR Pumice Mine to continue to operate as 
     provided in the Contract For The Sale Of Mineral Materials 
     dated May 4, 1994, and for COPAR to use portions of Forest 
     Development Roads 57, 442, 416, and other designated roads 
     within the area described in the contract, for the period of 
     the contract and thereafter for a period necessary to reclaim 
     the site.
       (2) Continuing jurisdiction.--
       (A) Administration.--Continuing jurisdiction of the United 
     States over the contract for the sale of mineral materials 
     shall be administered by the Secretary of the Interior.
       (B) Expiration of contract.--Upon expiration of the 
     contract described in subparagraph (A), jurisdiction over 
     reclamation shall be assumed by the Secretary of the 
     Interior.
       (3) Effect on existing rights.--Nothing in this Act limits 
     or enhances the rights of COPAR under the Contract For The 
     Sale Of Mineral Materials dated May 4, 1994.

     SEC. 8. CONVEYANCES.

       (a) Authorization.--
       (1) Consideration from pueblo.--Upon receipt of the 
     consideration from the Pueblo for the Settlement Area Land 
     and the Water System Land, the Secretary of Agriculture shall 
     execute and deliver--
       (A) to the Pueblo, a quitclaim deed to the Settlement Area 
     Land; and
       (B) to the County, a quitclaim deed to the Water System 
     Land, reserving--
       (i) a contingent remainder in the United States in trust 
     for the benefit of the Pueblo in accordance with the Los 
     Alamos Agreement; and
       (ii) a right of access for the United States for the Pueblo 
     for ceremonial and other cultural purposes.
       (2) Consideration from county.--Upon receipt of the 
     consideration from the County for all or a portion of the Los 
     Alamos Townsite Land, the Secretary of Agriculture shall 
     execute and deliver to the County a quitclaim deed to all or 
     portions of such land, as appropriate.
       (3) Execution.--An easement or deed of conveyance by the 
     Secretary of Agriculture under this Act shall be executed by 
     the Director of Lands and Minerals, Forest Service, 
     Southwestern Region, Department of Agriculture.
       (b) Authorization for Pueblo to Convey in Trust.--Upon 
     receipt by the Pueblo of the quitclaim deed to the Settlement 
     Land under subsection (a)(1), the Pueblo may quitclaim the 
     Settlement Land to the United States, in trust for the 
     Pueblo.
       (c) Adequacy of Conveyance Instruments.--Notwithstanding 
     the status of the Federal land as public domain or acquired 
     land, no instrument of conveyance other than a quitclaim deed 
     shall be required to convey the Settlement Area Land, the 
     Water System Land, the Northern Tier Land, or the Los Alamos 
     Townsite Land under this Act.
       (d) Surveys.--The Secretary of Agriculture is authorized to 
     perform and approve any required cadastral survey.
       (e) Contributions.--Notwithstanding section 3302 of title 
     31, United States Code, or any other provision of law, the 
     Secretary of Agriculture may accept and use contributions of 
     cash or services from the Pueblo, other governmental 
     entities, or other persons--
       (1) to perform and complete required cadastral surveys for 
     the Settlement Area Land, the Water System Land, the Northern 
     Tier Land, or the Los Alamos Townsite Land, as described in 
     the Settlement Agreement or the Los Alamos Agreement; and
       (2) to carry out any other project or activity under--
       (A) this Act;
       (B) the Settlement Agreement; or
       (C) the Los Alamos Agreement.

     SEC. 9. TRUST STATUS AND NATIONAL FOREST BOUNDARIES.

       (a) Operation of Law.--Without any additional 
     administrative action by the Secretary of Agriculture or the 
     Secretary of the Interior--
       (1) on recording the quitclaim deed or deeds from the 
     Pueblo to the United States in trust for the Pueblo under 
     section 8(b) in the Land Titles and Records Office, Southwest 
     Region, Bureau of Indian Affairs--
       (A) the Settlement Area Land shall be held in trust by the 
     United States for the benefit of the Pueblo; and
       (B) the boundaries of the Santa Fe National Forest shall be 
     deemed to be modified to exclude from the National Forest 
     System the Settlement Area Land; and
       (2) on recording the quitclaim deed or deeds from the 
     Secretary of Agriculture to the County of the Water System 
     Land in the county land records, the boundaries of the Santa 
     Fe National Forest shall be deemed to be modified to exclude 
     from the National Forest System the Water System Land.
       (b) Future Interests.--If fee title to the Water System 
     Land vests in the Pueblo by conveyance or operation of law, 
     the Water System Land shall be deemed to be held in trust by 
     the United States for the benefit of the Pueblo, without 
     further administrative procedures or environmental or other 
     analyses.
       (c)  Nonintercourse Act.--Any land conveyed to the 
     Secretary of the Interior in trust for the Pueblo or any 
     other tribe in accordance with this Act shall be--
       (1) subject to the Act of June 30, 1834 (25 U.S.C. 177); 
     and
       (2) treated as reservation land.

     SEC. 10. INTERIM MANAGEMENT.

       Subject to valid existing rights, prior to the conveyance 
     under section 9, the Secretary of Agriculture, with respect 
     to the Settlement Area Land, the Water System Land, the 
     Northern Tier Land, and the Los Alamos Townsite Land--
       (1) shall not encumber or dispose of the land by sale, 
     exchange, or special use authorization, in such a manner as 
     to substantially reduce the market value of the land;
       (2) shall take any action that the Secretary determines to 
     be necessary or desirable--
       (A) to protect the land from fire, disease, or insect 
     infestation; or
       (B) to protect lives or property; and
       (3) may, in consultation with the Pueblo or the County, as 
     appropriate, authorize a special use of the Settlement Area 
     Land, not to exceed 1 year in duration.

     SEC. 11. WITHDRAWAL.

       Subject to valid existing rights, the land referenced in 
     the notices of withdrawal of land in New Mexico (67 Fed. Reg. 
     7193; 68 Fed. Reg. 75628) is withdrawn from all location, 
     entry, and patent under the public land laws and mining and 
     mineral leasing laws of the United States, including 
     geothermal leasing laws.

     SEC. 12. CONVEYANCE OF THE NORTHERN TIER LAND.

       (a) Conveyance Authorization.--
       (1) In general.--Subject to valid existing rights, 
     including reservations in the United States and any right 
     under this section, the Secretary of Agriculture shall sell 
     the Northern Tier Land on such terms and conditions as the 
     Secretary may prescribe as being in the public interest and 
     in accordance with this section.
       (2) Effect of paragraph.--The authorization under paragraph 
     (1) is solely for the purpose of consolidating Federal and 
     non-Federal land to increase management efficiency and is not 
     in settlement or compromise of any claim of title by any 
     Pueblo, Indian tribe, or other entity.
       (b) Rights of Refusal.--
       (1) Pueblo of santa clara.--
       (A) In general.--In consideration for an easement under 
     subsection (e)(2), the Pueblo of Santa Clara shall have an 
     exclusive option to purchase the Northern Tier Land for the 
     period beginning on the date of enactment of this Act and 
     ending 90 days thereafter.
       (B) Resolution.--Within the period prescribed in 
     subparagraph (A), the Pueblo of Santa Clara may exercise its 
     option to acquire the Northern Tier Land by delivering to the 
     Regional Director of Lands and Minerals, Forest Service, 
     Southwestern Region, Department of Agriculture, a resolution 
     of the Santa Clara Tribal Council expressing the unqualified 
     intent of the Pueblo of Santa Clara to purchase the land at 
     the offered price.
       (C) Failure to act.--If the Pueblo of Santa Clara does not 
     exercise its option to purchase the Northern Tier Land within 
     the 90-day period under subparagraph (A), or fails to close 
     on the purchase of such land within 1 year of the date on 
     which the option to purchase was exercised, the Secretary of 
     Agriculture shall offer the Northern Tier Land for sale to 
     the Pueblo.
       (2) Offer to pueblo.--
       (A) In general.--Not later than 90 days after receiving a 
     written offer from the Secretary of Agriculture under 
     paragraph (1)(C), the Pueblo may exercise its option to 
     acquire the Northern Tier Land by delivering to the Regional 
     Director of Lands and Minerals, Forest Service, Southwestern 
     Region, a resolution of the Pueblo Tribal Council expressing 
     the unqualified intent of the Pueblo to purchase the land at 
     the offered price.
       (B) Failure of pueblo to act.--If the Pueblo fails to 
     exercise its option to purchase the Northern Tier Land within 
     90 days after receiving an offer from the Secretary of 
     Agriculture, or fails to close on the purchase of such land 
     within 1 year of the date on which the option to purchase was 
     exercised under subparagraph (A), the Secretary of 
     Agriculture may sell or exchange the land to any third party 
     in such manner and on such terms and conditions as the 
     Secretary determines to be in the public interest, including 
     by a competitive process.
       (3) Extension of time period.--The Secretary of Agriculture 
     may extend the time period for closing beyond the 1 year 
     prescribed in subsection (b), if the Secretary determines 
     that additional time is required to meet the administrative 
     processing requirements of the Federal Government, or for 
     other reasons beyond the control of either party.
       (c) Terms and Conditions of Sale.--
       (1) Purchase price.--Subject to valid existing rights and 
     reservations, the purchase price for the Northern Tier Land 
     sold to the Pueblo of Santa Clara or the Pueblo under 
     subsection (b) shall be the consideration agreed to by the 
     Pueblo of Santa Clara pursuant to that certain Pueblo of 
     Santa Clara Tribal Council Resolution No. 05-01 ``Approving 
     Proposed San Ildefonso Claims Settlement Act of 2005, and 
     Terms for Purchase of Northern Tier Lands'' that was signed 
     by Governor J. Bruce Tafoya in January 2005.
       (2) Reserved rights.--On the Northern Tier Land, the United 
     States shall reserve the right to operate, maintain, 
     reconstruct (at standards in existence on the date of the 
     Settlement Agreement), replace, and use the

[[Page S10440]]

     stream gauge, and to have unrestricted administrative access 
     over the associated roads to the gauge (as depicted in 
     Appendix B of the Settlement Agreement).
       (3) Conveyance by quitclaim deed.--The conveyance of the 
     Northern Tier Land shall be by quitclaim deed executed on 
     behalf of the United States by the Director of Lands and 
     Minerals, Forest Service, Southwestern Region, Department of 
     Agriculture.
       (d) Trust Status and Forest Boundaries.--
       (1) Acquisition of land by indian tribe.--If the Northern 
     Tier Land is acquired by an Indian tribe (including a Pueblo 
     tribe), the land may be reconveyed by quitclaim deed or deeds 
     back to the United States to be held in trust by the 
     Secretary of the Interior for the benefit of the tribe, and 
     the Secretary of the Interior shall accept the conveyance 
     without any additional administrative action by the Secretary 
     of Agriculture or the Secretary of the Interior.
       (2) Land held in trust.--On recording a quitclaim deed 
     described in paragraph (1) in the Land Titles and Records 
     Office, Southwest Region, Bureau of Indian Affairs, the 
     Northern Tier Land shall be deemed to be held in trust by the 
     United States for the benefit of the Indian tribe.
       (3) Boundaries of santa fe national forest.--Effective on 
     the date of a deed described in paragraph (1), the boundaries 
     of the Santa Fe National Forest shall be deemed modified to 
     exclude from the National Forest System the land conveyed by 
     the deed.
       (e) Inholder and Administrative Access.--
       (1) Failure of pueblo of santa clara to act.--
       (A) In general.--If the Pueblo of Santa Clara does not 
     exercise its option to acquire the Northern Tier Land, the 
     Secretary of Agriculture or the Secretary of the Interior, as 
     appropriate, shall by deed reservations or grants on land 
     under their respective jurisdiction provide for inholder and 
     public access across the Northern Tier Land in order to 
     provide reasonable ingress and egress to private and Federal 
     land as shown in Appendix B of the Settlement Agreement.
       (B) Administration of reservations.--The Secretary of the 
     Interior shall administer any such reservations on land 
     acquired by any Indian tribe.
       (2) Effect of acceptance.--If the Pueblo of Santa Clara 
     exercises its option to acquire all of the Northern Tier 
     Land, the following shall apply:
       (A) Easements to united states.--
       (i) Definition of administrative access.--In this 
     subparagraph, the term ``administrative access'' means access 
     to Federal land by Federal employees acting in the course of 
     their official capacities in carrying out activities on 
     Federal land authorized by law or regulation, and by agents 
     and contractors of Federal agencies who have been engaged to 
     perform services necessary or desirable for fire management 
     and the health of forest resources, including the cutting and 
     removal of vegetation, and for the health and safety of 
     persons on the Federal land.
       (ii) Easements.--

       (I) In general.--The Pueblo of Santa Clara shall grant and 
     convey at closing perpetual easements over the existing roads 
     to the United States that are acceptable to the Secretary of 
     Agriculture for administrative access over the Santa Clara 
     Reservation Highway 601 (the Puye Road), from its 
     intersection with New Mexico State Highway 30, westerly to 
     its intersection with the Sawyer Canyon Road (also known as 
     Forest Development Road 445), thence southwesterly on the 
     Sawyer Canyon Road to the point at which it exits the Santa 
     Clara Reservation.
       (II) Maintenance of roadway.--An easement under this 
     subparagraph shall provide that the United States shall be 
     obligated to contribute to maintenance of the roadway 
     commensurate with actual use.

       (B) Easements to private landowners.--Not later than 180 
     days after the date of enactment of this Act, the Pueblo of 
     Santa Clara, in consultation with private landowners, shall 
     grant and convey a perpetual easement to the private owners 
     of land within the Northern Tier Land for private access over 
     Santa Clara Reservation Highway 601 (Puye Road) across the 
     Santa Clara Indian Reservation from its intersection with New 
     Mexico State Highway 30, or other designated public road, on 
     Forest Development Roads 416, 445 and other roads that may be 
     necessary to provide access to each individually owned 
     private tract.
       (3) Approval.--The Secretary of the Interior shall approve 
     the conveyance of an easement under paragraph (2) upon 
     receipt of written approval of the terms of the easement by 
     the Secretary of Agriculture.
       (4) Adequate access provided by pueblo of santa clara.--If 
     adequate administrative and inholder access is provided over 
     the Santa Clara Indian Reservation under paragraph (2), the 
     Secretary of the Interior--
       (A) shall vacate the inholder access over that portion of 
     Forest Development Road 416 referenced in section 7(e)(5); 
     but
       (B) shall not vacate the reservations over the Northern 
     Tier Land for administrative access under subsection (c)(2).

     SEC. 13. INTER-PUEBLO COOPERATION.

       (a) Demarcation of Boundary.--The Pueblo of Santa Clara and 
     the Pueblo may, by agreement, demarcate a boundary between 
     their respective tribal land within Township 20 North, Range 
     7 East, in Rio Arriba County, New Mexico, and may exchange or 
     otherwise convey land between them in that township.
       (b) Action by Secretary of the Interior.--In accordance 
     with any agreement under subsection (a), the Secretary of the 
     Interior shall, without further administrative procedures or 
     environmental or other analyses--
       (1) recognize a boundary between the Pueblo of Santa Clara 
     and the Pueblo;
       (2) provide for a boundary survey;
       (3) approve land exchanges and conveyances as agreed upon 
     by the Pueblo of Santa Clara and the Pueblo; and
       (4) accept conveyances of exchanged lands into trust for 
     the benefit of the grantee tribe.

     SEC. 14. DISTRIBUTION OF FUNDS PLAN.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary of the Interior shall act in accordance 
     with the Indian Tribal Judgment Funds Use or Distribution Act 
     (25 U.S.C. 1401 et seq.) with respect to the award entered in 
     the compromise and settlement of claims under the case styled 
     Pueblo of San Ildefonso v. United States, No. 660-87L, United 
     States Court of Federal Claims.

     SEC. 15. RULE OF CONSTRUCTION AND JUDICIAL REVIEW.

       Notwithstanding any provision of State law, the Settlement 
     Agreement and the Los Alamos Agreement (including any real 
     property conveyance under the agreements) shall be 
     interpreted and implemented as matters of Federal law.

     SEC. 16. EFFECTIVE DATE.

       This Act shall take effect on the date of enactment of this 
     Act.

     SEC. 17. TIMING OF ACTIONS.

       It is the intent of Congress that the land conveyances and 
     adjustments contemplated in this Act shall be completed not 
     later than 180 days after the date of enactment of this Act.

     SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such funds as are 
     necessary to carry out this Act.

  Mr. BINGAMAN. Mr. President, I am pleased to join Senator Domenici in 
introducing the Pueblo de San Ildefonso Claims Settlement Act. This 
claim, the last one pending before the Indian Claims Commission, has 
gone unresolved for over 50 years and it is certainly long past time to 
bring an end to this dispute. I'd particularly like to commend the 
Pueblo de San Ildefonso for their diligent work on this settlement. It 
is testament to the Pueblo's fortitude and open-minded approach to this 
issue that they have been able find consensus with the many parties to 
this settlement and produce this compromise legislation.
  As with any settlement of a lawsuit, it's unlikely that everyone will 
be completely happy with the terms of the deal but I am pleased to note 
that all of the local governments, tribal and municipal, have expressed 
their support. I hope that the introduction of this bill begins a 
productive process in the Indian Affairs Committee and, once the final 
product is signed into law, with the public that will definitively 
settle the issues of land ownership in this area and allow all of the 
local communities to move forward cooperatively.

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