[Congressional Record Volume 152, Number 112 (Tuesday, September 12, 2006)]
[House]
[Pages H6379-H6383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[Congressional Record: September 12, 2006 (House)]
[Page H6379-H6383]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr12se06-101]
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PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT ACT OF 2005
Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1773) to resolve certain Native American claims in New
Mexico, and for other purposes.
The Clerk read 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;
[[Page H6380]]
(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 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;
(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, and for
associated administrative costs.
(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
[[Page H6381]]
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 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
[[Page H6382]]
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 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 (except the conveyances
and adjustments relating to Los Alamos Townsite Land) 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentleman from Arizona (Mr.
Grijalva) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may
consume.
The purpose of S. 1773 is to ratify the settlement of several land-
related claims between the Pueblo de San Ildefonso and the United
States. The Pueblo is a federally recognized Indian tribe in the upper
Rio Grande Valley of New Mexico. In 1951, the tribe filed a land claim
before the Indian Claims Commission seeking damages for losses of land
that were not compensated for by the United States. The commission held
that the tribe used and occupied a larger area than in the past than
its current land holdings, and that portions of those lands were later
taken from the tribe by the United States. It
[[Page H6383]]
also held that the U.S. was liable to the tribe for most of its claims.
After several years, the United States and the tribe reached a
mutually acceptable settlement that, when approved by Congress, will
convey approximately 7,100 acres of Forest Service land to the tribe
and will extinguish all land claims the tribe has against the United
States. S. 1773 has the full support of the New Mexico State
congressional delegation, and I look forward to the support of this
body.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GRIJALVA asked and was given permission to revise and extend his
remarks.)
Mr. GRIJALVA. I rise in strong support of this legislation and to
congratulate our colleague from New Mexico, Mr. Tom Udall, who has
worked tirelessly over the last year to bring this bill before us.
The bill will enable the settlement of the Pueblo de San Ildefonso's
land-related claims against the United States. After several years of
negotiating, all parties are prepared to resolve the case that has been
pending for nearly 55 years. I salute Congressman Udall for his
tenacity in getting this bill through the House. Mr. Udall could not be
here today, but I have his statement to submit for the Record.
I urge my colleagues to support S. 1773.
Mr. UDALL of New Mexico. In 1951, the Pueblo of San Ildefonso,
located in northern New Mexico, initially filed a legal claim under the
Indian Claims Commission Act of 1946. That law provides for some degree
of compensation to Native American tribes and pueblos for lands lost
and for damages resulting from government actions. The claim of the
Pueblo of San Ildefonso is the last remaining unresolved case under the
1946 Act.
On May 24, 2006, S. 1773, The Pueblo de San Ildefonso Claims
Settlement Act, passed the Senate by unanimous consent. I ask today
that my colleagues in this House fully support passage of this
important and historic bill. This legislation is needed to implement
the settlement agreement signed by the Pueblo and the Departments of
Justice, Interior, and Agriculture. According to the terms of the
agreement, authorizing legislation must be enacted by November 2006.
Passage into law of S. 1773 will conclude the case, entitled Pueblo de
San Ildefonso v. United States of America, with the Indian Claims
Commission.
After many years of serious negotiations among the Pueblo of San
Ildefonso, the Federal Government, the surrounding counties, and a
neighboring tribe, this non-controversial bill will finally provide a
resolution of this long-standing concern. It will also end the Indian
Claims Commission chapter of federal Indian affairs. The Senate Indian
Affairs Committee Report, S. Rpt. 109-252, contains background
information on the bill as well as the terms of the settlement
agreement and the Los Alamos agreement, which the bill will also
approve.
As the Representative of the Third Congressional District of New
Mexico which includes the Pueblo of San Ildefonso, I ask that you
support the passage of S. 1773 under suspension of the rules.
Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I have no additional speakers, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and pass the Senate bill, S. 1773.
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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