Senate Report 106-506 - TO SETTLE THE LAND CLAIMS OF THE PUEBLO OF SANTO DOMINGO

[Senate Report 106-506]
[From the U.S. Government Publishing Office]

106th Congress Report
SENATE
2d Session 106-506

======================================================================

TO SETTLE THE LAND CLAIMS OF THE PUEBLO OF SANTO DOMINGO

_______

October 18 (legislative day, September 22), 2000.--Ordered to be
printed

_______

Mr. Campbell, from the Committee on Indian Affairs, submitted the
following

R E P O R T

[To accompany S. 2917]

The Committee on Indian Affairs, to which was referred the
bill (S. 2917) to settle the land claims of the Pueblo of Santo
Domingo, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute, and recommends
that the bill, as amended, do pass.

purpose

The purpose of S. 2917 is to ratify and provide for the
implementation of a Settlement Agreement between the United
States and the Pueblo of Santo Domingo that was negotiated in
consultation with the State of New Mexico, other pueblos, local
governments and private landowners, to settle the Pueblo's land
claims and provide for settlement of decades-old lawsuits
involving title to more than 80,000 acres of public, private,
and Indian land on both sides of the Rio Grand River south of
Santa Fe, New Mexico.

background

The people of the Pueblo of Santo Domingo (Pueblo) have
inhabited the Rio Grande River Valley near the confluence of
the Rio Grande River and the Galisteo River since before the
arrival of Spanish colonists in the late 16th century. In 1689,
the government of Spain issued a land grant to the Pueblo;
however, like other Spanish land grants to Indian Pueblos, the
Santo Domingo Land Grant did not encompass all of the Pueblo's
traditional use areas. Accordingly, in 1748, the Pueblo
purchased the Diego Gallegos Land Grant, the boundaries of
which overlapped the 1689 grant lands and other lands on the
west side of the Rio Grande River.
The United States acquired sovereignty over the territory
of what was to become the State of New Mexico as a result of
war with Mexico in 1845 and the subsequent Treaty of Guadalupe-
Hidalgo. Although the United States recognized the Santo
Domingo Land Grant under the terms of the treaty, and
subsequently provided for its survey and patent to the Pueblo,
the United States Surveyor General did not survey the Diego
Gallegos Grant, and no Federal patent was issued to the Pueblo
for the Diego Gallegos Grant.
In 1907 a re-survey of the original Federal survey of that
part of the 1689 Santo Domingo Land Grant located on the east
side of the Rio Grande River revealed that the correct boundary
of the grant overlapped portions of the three other Spanish
land grants that were made subsequent to 1689. In 1928, the
Pueblo Lands Board, which was established by the Congress to
resolve conflicting claims to pueblo lands, excluded these
overlapped areas from the Santo Domingo Pueblo's reservation.
The overlapping land grants, surveys and mis-surveys of
pueblo lands on both sides of the Rio Grande River, the lack of
a Federal survey of the Gallegos Grant, and the Pueblo land
Board's decisions gave rise to an array of competing claims to
title to land by Indians and non-Indians. These claims have
been asserted in numerous lawsuits, three of which encompass
the most significant title disputes involving the lands of the
Pueblo of Santo Domingo.
One of these three cases was initiated in the late 1940's,
when the Pueblo filed suit against the United States before the
Indian Claims Commission (Pueblo of Santo Domingo v. United
States, Docket No. 355) seeking monetary damages for trespass,
lost use, and breach of the ``fair and honorable dealings''
provision in the Indian Claims Commission Act of 1946. The
Pueblo's claims involve more than 80,000 acres of land and
remain unresolved after nearly 50 years of litigation.
In another major action, the Pueblo brought suit in federal
court against a private landowner (Pueblo of Santo Domingo v.
Rael, Civil No. 83-1888) seeking to secure possession of land
within the Diego Gallegos Grant area, which include
approximately 50,000 acres. About half of this land is
controlled by the Pueblo and the remainder is occupied by the
United States Forest Service, the Bureau of Land Management,
the State of New Mexico, other pueblos, and private
individuals. In 1988, the U.S. District Court for the District
of New Mexico entered judgment for the Pueblo. On appeal, the
Tenth Circuit Court of Appeals remanded the case to the
district court. The Court of Appeals, noting that the Rael and
the Indian Claims Commission cases concerned some of the same
lands and that the United States was defendant in the Indian
Claims Commission case while the Bureau of Indian Affairs was
assisting the Pueblo in Rael with witnesses and other expenses,
found that the United States was taking potentially
inconsistent positions in the two cases. The Court of Appeals,
among other rulings, ordered the Rael action held in abeyance
until the Government intervened in Rael or judgment was entered
in the Indians Claims Commission case.
The third principal lawsuit resulted from the 1928 decision
by the Pueblo Lands Board to exclude from the Pueblo of Santo
Domingo's reservation that land which was overlapped by other
Spanish land grants and claimed by third parties. In this case,
United States v. Thompson, 941 F.2d 1074, cert. denied, 503
U.S. 984 (1992), the United States sought to enforce the
Pueblo's title against third parties who trace their title to
approximately 24,000 acres of land that is subject to the
overlapping land grants. In 1991, the Tenth Circuit Court of
Appeals held that the United States' claim on behalf of the
Pueblo was time-barred. Although the court found that the
Pueblo Lands Board had ignored an express congressional
directive in determining that the overlapped lands did not
belong to the Pueblo, the court did not decide who has title to
those lands.
In the mid-1990's, with all parties to these long-running
disputes facing the prospect of many more years of expensive
and possibly inconclusive litigation, a Federal negotiating
team was appointed and, with representatives of the Pueblo of
Santo Domingo, the team began working with various landowners,
the State of New Mexico, Federal agencies and other Indian
tribes to develop a comprehensive settlement that would resolve
the Pueblo's land claims with finality and in a principled
manner that serves the interests of all parties. In June, 2000,
after years of negotiations, the parties signed a Settlement
Agreement that provides for such a settlement. On July 28,
2000, Senator Pete Domenici introduced S. 2917, a bill that
would ratify the Settlement Agreement and authorize the Federal
actions and appropriations necessary to effect the settlement.

Summary of Provisions

S. 2197 approves and ratifies the Santo Domingo Pueblo
Settlement Agreement, provides for the extinguishment of the
Pueblo's land and damage claims against the United States and
other parties, confirms the Pueblo's reservation boundaries,
and ratifies land transfers by and on behalf of the Pueblo that
will be made pursuant to the Settlement Agreement subsequent to
enactment of S. 2917.
The bill and the Settlement Agreement provides for the
extinguishment of the Pueblo's claims in exchange for money and
land. The monetary component of the settlement consists of two
parts: first, the United States and the Pueblo will stipulate
to a judgment by the United States Court of Federal Claims in
the amount of $8,000,000 in Indian Claims Commission Docket No.
355. This amount is to be paid from the Judgment Fund of the
United States into the ``Pueblo of Santo Domingo Land Claims
Settlement Fund'' that is to be established in the United
States Treasury. Second, S. 2917 authorizes the appropriation
of a total of $15,000,000 for deposit into the Settlement Fund
in three installments of $5,000,000 each, beginning in Fiscal
Year 2002. None of the settlement funds can be disbursed until
the case of Pueblo of Santo Domingo v. Rael is dismissed with
prejudice and the final judgment in Indian Claims Commission
Docket No. 355 is entered and paid into the Settlement Fund.
The land component of the settlement also consists of two
parts. One part provides that, upon the dismissal of the Rael
case and the entry of the final judgment in the Indian Claims
Commission case, approximately 4,577 acres of public lands
administered by the Bureau of Land Management and described in
the Settlement Agreement should be held by the United States on
behalf of the Pueblo, subject to valid existing rights and
rights of public and private access as described in the
Settlement Agreement. In addition, the Pueblo would have a two-
year option to purchase approximately 7,355 acres of United
States Forest Service land within the claim area and two other
parcels adjacent to the claim area, for the agreed-upon price
of $3.7 million. If the purchase is consummated, the Forest
Service is authorized to use the funds to acquire replacement
lands elsewhere in New Mexico for public use.
S. 2917 also affirms the boundaries of the Santo Domingo
Pueblo Land Grant as they were determined by the 1907 survey,
and provides that non-Indian fee lands within the overlap area
would not be considered Indian country pursuant to 18 U.S.C.
1151 and would not be subject to tribal or Federal
jurisdiction. Lands acquired by the Pueblo within the overlap
area would be considered Indian country and would be subject to
tribal and Federal jurisdiction. These provisions and the
provisions of the Settlement Agreement together would resolve
the Pueblo's land claims once and for all, and clearly
delineate the Pueblo's lands.

legislative history

S. 2917 was introduced on July 28, 2000, by Senator Pete
Domenici and referred to the Committee on Indian Affairs. On
September 27, 2000, the Committee ordered S. 2917 reported
favorably to the Senate with an amendment-in-the-nature-of-a-
substitute. The substitute amendment is identical to the bill
as introduced except for a new section 7 that includes three
provisions that were requested by the Pueblo and other
settlement parties. One amendment, proposed by the New Mexico
State Land Department, authorizes conveyance of certain State
lands to the Bureau of Land Management and the subsequent
conveyance of certain State lands to the Bureau of Land
Management and the subsequent conveyance of these lands to the
Pueblo by sale, exchange or otherwise. These State lands would
otherwise be entirely surrounded by Pueblo land once the land
transfers provided for in the settlement are completed. Another
amendment authorizes a land exchange negotiated by the Pueblo
and a family of private landowners and provides for the
Secretary to take into trust status the exchange lands acquired
by the Pueblo. The third amendment corrects an inadvertent
omission by the settlement parties in drafting the initial
version of S. 2917 by providing approval of an agreement
negotiated between the Pueblos of Santo Domingo and Cochiti as
mandated by a provision of the Settlement Agreement. The
Committee understands that all of the settlement parties
support S. 2917 with these amendments.

committee recommendation and tabulation of vote

On September 27, 2000, the Committee on Indian Affairs, in
an open business session, considered S. 2917 and by voice vote
ordered the bill reported favorably with an amendment-in-the-
nature-of-a-substitute.

section-by-section analysis

Section I cites the short title of the S. 2917 as the
``Santo Domingo Pueblo Claims Settlement Act of 2000.''
Section 2(a) sets forth six findings outlining the origins
of the Pueblo's land claims, the pending litigation, and
settlement negotiations.
Section 2(b) states the purposes of the bill as--
(1) to remove the cloud on titles to land resulting
from the Pueblo's claims and to settle all of the
Pueblo's claims against the United States and third
parties, including land, boundary and trespass claims,
in a fair, equitable and final manner;
(2) to provide for the restoration of certain lands
to the Pueblo and to confirm its boundaries;
(3) to clarify governmental jurisdiction over the
lands within the Pueblo's land claims area; and,
(4) to ratify a Settlement Agreement between the
United States and the Pueblo which includes--
(A) the Pueblo's agreement to relinquish and
compromise its land and trespass claims;
(B) the provision of $8,000,000 as
compensation for its claims filed before the
Indian Claims Commission;
(C) the transfer of approximately 4,577 acres
of public land to the Pueblo;
(D) the sale of approximately 7,355 acres of
national forest lands to the Pueblo; and
(E) the authorization of $15,000,000 over
three fiscal years into a Santo Domingo Lands
Claims Settlement Fund for land acquisition and
other enumerated tribal purposes.
Section 2(c) provides that nothing in this Act shall be
construed to effectuate an extinguishment of, or to otherwise
impair, the Pueblo's title to or interest in lands or water
rights as described in section 5(a)(2).
Section 3 provides definitions for the terms ``Federally
Administered Lands''; ``Fund''; ``Pueblo''; ``Santo Domingo
Pueblo Grant''; ``Secretary''; and ``Settlement Agreement''.
Section 4 provides that the Settlement Agreement is
approved and ratified.
Section 5(a) provides for the extinguishment of the
Pueblo's land and damage claims against the United States and
against persons, the State of New Mexico and its subdivisions,
and other Indian tribes; confirms a 1927 determination by the
Pueblo Lands Board; and ratifies, in accordance with the Trade
and Intercourse Act of 1834, the land transfers by and on
behalf of the Pueblo to be made pursuant to the Settlement
Agreement subsequent to enactment of S. 2917.
The extinguishment of the Pueblo's claims shall be
effective upon the entry of a judgment in the amount of
$8,000,000 in Indian Claims Commission docket No. 355, which is
before the U.S. Court of Federal Claims.
Section 5(b)(1) provides for the establishment in the U.S.
Treasury of the ``Pueblo of Santo Domingo Land Claims
Settlement Fund'' (Fund), and sets the following conditions on
the use of deposits made to the Fund:
A. The Secretary of the Interior will maintain and invest
the Fund.
B. The Pueblo may expend monies from the Fund to acquire
lands within the exterior boundaries of the Pueblo's exclusive
aboriginal area, as described in Findings of Fact of the Indian
Claims Commission, and provide for education, economic
development, youth and elderly programs, or for other tribal
purposes in accordance with plans and budgets developed by the
Pueblo and approved by the Secretary.
C. Neither the Secretary or the Secretary of the Treasury
shall retain any oversight over or liability for the
accounting, disbursement, or investment of monies withdrawn
from the Fund by the Pueblo.
D. None of the monies in the Fund may be used to make per
capita payments to members of the Pueblo.
E. Acquisition of lands with monies from the Fund shall be
on a willing-seller, willing-buyer basis, and no eminent domain
authority may be exercised to acquire lands for the Pueblo
pursuant to this Act.
F. The provisions of the Indian Judgment Distribution Act,
P.L. 108-412, shall not be applicable to the Fund.
Section 5(b)(2) authorizes to be appropriated a total of
$15,000,000 into the Fund in three installments of $5,000,0000
each, the first of which is to be deposited in the fiscal year
beginning on October 1, 2001.
None of the authorized appropriations shall be disbursed
until (A) the case of Pueblo of Santo Domingo v. Rael in U.S.
District Court for the District of New Mexico has been
dismissed, with prejudice, and (B) a compromise final judgment
of $8,000,000 has been entered in the U.S. Court of Federal
Claims in the case of Pueblo of Santo Domingo v. United States
(Indian Claims Commission Docket No. 355), and such funds are
deposited into the fund.
Section 5(c) provides that, on the date when the Court of
Federal Claims has entered the final compromise judgment in
Indian Claims Commission docket NO. 355, and the U.S. District
court has dismissed with prejudice the case of Santo Domingo
Pueblo v. Rael.
(1) approximately 4,577 acres of public lands
administered by the Bureau of Land Management and
described in section 6 of the Settlement Agreement
shall be held by the United States on behalf of the
Pueblo, subject to valid existing rights and rights of
public and private access as described in the
Settlement Agreement;
(2) the Secretary of Agriculture is authorized to
sell and convey National Forest System lands and the
Pueblo shall have the exclusive right to acquire such
lands as provided in section 7 of the Settlement
Agreement, and the funds received by the Secretary of
Agriculture for such sales shall be available to
purchase non-Federal lands within or adjacent to the
National Forests in the State of New Mexico;
(3) the lands conveyed by the Secretary of
Agriculture to the Pueblo shall no longer be considered
part of the National Forest System, and upon their
conveyance the boundaries of the Santa Fe National
Forest shall be deemed modified to exclude such lands;
(4) until the National Forest lands are conveyed to
the Pueblo or until the Pueblo's right to purchase such
lands has expired, such lands are withdrawn, subject to
valid existing rights, from any new public use or entry
under any Federal land law, except for permits not to
exceed 1 year, and shall not be identified for any
disposition by or for any agency, and no mineral
production or harvest of forest lands shall be
permitted, except for forest management practices
including the harvest of timber in the event of fire,
disease, or insect infestation; and,
(5) once the Pueblo has acquired title to former
National Forest System lands, these lands may be
conveyed to the Secretary of Interior, who shall accept
and hold such lands in trust for the benefit of the
Pueblo.
Section 6 affirms the boundaries of the Santo Domingo
Pueblo Land Grant as determined by the 1907 Hall-Joy Survey and
confirmed by the Pueblo Lands Board in 1927, and declares any
lands owned or acquired by the Pueblo within such boundaries to
be Indian country within the meaning of section 1151 of title
18, United States Code. Any lands within such boundaries not
owned or acquired by the Pueblo shall not be treated as Indian
country. Any Federal lands acquired by the Pueblo shall be held
in trust by the Secretary and shall be treated as Indian
country. Any lands acquired by the Pueblo pursuant to section
5(c) shall be subject to the provisions of the Pueblo Lands Act
(43 U.S.C. 641).
Section 7 sets forth the three amendments described in the
third paragraph of this memorandum.
Section 7(a) provides that not later than 2 years after
enactment of this Act, the Secretary shall acquire by exchange
the State of New Mexico trust lands in township 16 north, range
4 east, section 2, and all interests therein, and may utilize
unappropriated public lands in New Mexico to effect such
exchange. Upon acquisition of the state lands, the Secretary
shall convey them to the Pueblo by sale, exchange or otherwise,
and the Pueblo may then convey such lands to the Secretary who
shall accept and hold them in trust for the Pueblo.
Section 7(b) provides that any agreements entered into by
the Pueblo to acquire the land, title to which was at issue in
the case of Pueblo of Santo Domingo v. Rael, not later than
December 31, 2001, shall be deemed to be approved, and the
Pueblo may convey such land to the Secretary to be held in
trust for the benefit of the Pueblo.
Section 7(c) provides that all agreements, transactions,
and conveyances authorized by resolutions of the tribal
councils of the Pueblos of Santo Domingo and Cochiti pertaining
to boundary disputes between them are approved.

COST AND BUDGETARY CONSIDERATIONS

The cost and budgetary estimate for S. 2917, as provided by
the Congressional Budget Office, is set forth below:

U.S. Congress,
Congressional Budget Office,
Washington, DC, October 16, 2000.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2917, the Santo
Domingo Pueblo Claims Settlement Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are John R.
Righter (for federal costs), and Marjorie Miller (for the
state, local, and tribal impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 2917 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs incurred by the tribe would be accepted voluntarily
as part of the settlement agreement.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2917 is shown in the following table.
This estimate assumes that the amounts authorized will be
appropriated and that the legislation will be enacted near the
beginning of fiscal year 2001. The costs of this legislation
fall within budget functions 800 (general government), 450
(community and regional development), and 300 (natural
resources and environment).

Budget Authority................................................... 8 (\1\) (\1\) (\1\) (\1\)
Estimated Outlays.................................................. 8 (\1\) (\1\) (\1\) (\1\)

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................................ 0 5 5 5 0
Estimated Outlays.................................................. 0 5 5 5 0
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.

Basis of Estimate: Enacting S. 2917 would result in a
payment of $8 million from the Judgment Fund to the tribe. It
also would authorize the appropriation of $15 million and the
transfer and sale of federal land to the tribe.

Direct spending

Under the terms of the settlement agreement, the federal
government would pay $8 million to the tribe from the Judgment
Fund in 2001. Based on information from DOJ and DOI and because
the land transfer provisions of the settlement agreement
require the approval of the Congress, CBO concludes that this
payment would not be made absent Congressional approval of the
entire settlement, which enacting this bill would provide.
This settlement would extinguish certain claims that the
tribe may have against the United States, so it is possible
that the amount paid to the tribe under the legislation could
be offset by a reduction in payments that would be made from
the Judgment Fund in future years. However, CBO cannot estimate
either the likelihood or the magnitude of such an offset
because there is no basis for predicting either the outcome of
pending litigation against the United States of the amount of
compensation, if any.
In addition, the federal government could forgo offsetting
receipts fro grazing fees by transferring federal land to the
tribe, but CBO estimates that the annual amount of such forgone
receipts would be negligible.

Spending subject to appropriation

S. 2917 would authorize the appropriation of $5 million in
each of fiscal years 2002 through 2004 to satisfy the
settlement agreement entered into between the federal
government and the tribe. Because the funds would become the
tribe's property upon deposit into the trust fund established
under the legislation, CBO estimates the payments would result
in outlays of $5 million in each of the three fiscal years.
In addition, based on information from DOI and the USFS,
CBO estimates that the tribe would use $3.7 million of the
fiscal year 2004 appropriation to purchase the national forest
land set aside under the settlement agreement. Because the USFS
could spend such amounts without further appropriation action,
CBO estimates that the increase in receipts subject to
appropriation action would be offset by an equivalent increase
in spending over fiscal years 2007 and 2008.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The
following table summarizes the estimated impact of S. 2917 on
direct spending.

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays\1\..................... 8 0 0 0 0 0 0 0 0 0
Changes in receipts....................... Not applicable
----------------------------------------------------------------------------------------------------------------
\1\ This cost could be offset by a reduction in future payments from the Judgment Fund, but CBO cannot estimate
the likelihood or magnitude of such an offset.

Estimated impact on state, local, and tribal governments:
S. 2917 contains no intergovernmental mandates as defined in
UMRA. Any costs incurred by the tribe would be accepted
voluntarily as part of this settlement agreement. The tribe has
agreed to relinquish its land claims in exchange for cash
payments and land.
Enactment of this legislation would impose no significant
cost on state or local governments. S. 2917 contains no
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: John R. Righter.
Impact on State, Local, and Tribal Governments: Marjorie
Miller. Impact on the Private Sector: Lauren Marks.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.

regulatory impact statement

Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee finds that enactment of S.
2917 will result in de minimis regulatory and paperwork impact.

executive communications

The views of the Administration on S. 2917 are set forth in
a letter of September 13, 2000 to Chairman Ben Nighthorse
Campbell from David J. Hayes, Deputy Secretary of the Interior,
as follows:

The Deputy Secretary of the Interior,
Washington, DC, September 13, 2000.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 2917, a bill to settle the
land claims of the Pueblo of Santo Domingo in New Mexico. The
Department strongly supports S. 2917.
S. 2917 would ratify a Settlement Agreement between the
federal government and the Pueblo of Santo Domingo to settle
the Pueblo's land claims and related litigation, involving
approximately 80,000 acres of land on both sides of the Rio
Grande south of Santa Fe, New Mexico. This Settlement Agreement
is the product of several years of negotiations, with the
Federal Negotiating Team and the Pueblo's representatives
working closely with neighboring landowners and governmental
entities. Notice of the consideration of the transfer of
federal lands to the Pueblo as part of a legislative settlement
was published in the spring of 1999, and the Federal Team
thereafter participated in numerous meetings with others to
advise them of the proposed settlement and seek their input.
S. 2917, if enacted, would resolve the title and
compensation claims of the Pueblo and would thus remove clouds
on title to lands surrounding the Pueblo's existing
reservation. All landowners in the area, including the state of
New Mexico, federal agencies, private landowners, and other
Indian tribes, would benefit from clarification of the limits
on the Pueblo's land rights. In return, the U.S. would convey
certain federal lands and monetary payments to the Pueblo over
the next several years.

I. background

The people of the Pueblo of Santo Domingo inhabited the Rio
Grande Valley near that river's confluence with the Galisteo
River before the coming of Spanish colonists in the late 16th
century. The Santo Domingo Pueblo Land Grant dates from 1689.
Like other Indian Pueblo land grants, it did not include all
traditional use areas. Subsequently, in 1748 the Pueblo itself
purchased the Diego Gallegos Grant which is on the west side of
the Rio Grande, overlapping the 1689 grant lands and other
lands. However, after American sovereignty the Surveyor General
did not survey the Diego Gallegos Grant, and no federal patent
was issued to the Pueblo for those lands. Turning to the east
side of the Rio Grande, the title issues relate to the fact
that the original federal (``Clements'') survey of the 1689
grant was under-inclusive. The re-survey in 1907 revealed that,
by that time, the correct boundary of the 1689 grant would
overlap three other Spanish land grants made subsequent to the
1689 grant.
Unfortunately, the Pueblo Lands Board, created by the 1924
Act, purported to extinguish Pueblo title to those overlap
lands. The courts later said that the Board had no authority to
do so. Numerous title conflicts have arisen between the Pueblo
and other land claimants in the vicinity as a result of the
erroneous Clements Survey, the pressure of western migration,
and the fact that the Gallegos Grant documents were misplaced
and never surveyed.

II. LAWSUITS REGARDING TITLE DISPUTES

Three principal lawsuits encompass many but not all of the
title disputes. They are: (1) Pueblo of Santo Domingo v. United
States, an Indian Claims Commission case that was filed in the
late 1940s; (2) Pueblo of Santo Domingo v. Rael, a quiet title
action against private landowners based on the Diego Gallegos
Grant; and (3) United States v. Thompson, a claim to overlap
lands against private landowners to the east of the Pueblo's
reservation, which was dismissed based on statute of
limitations grounds without resolving who had title to the
lands.
1. Pueblo of Santo Domingo v. United States. The 1946
Indian Claims Commission Act (ICCA), provided a mechanism to
address a broad series of claims by Indian tribes against the
United States for past wrongs, including damages for the lack
of ``fair and honorable dealings'' by government. More than 50
years ago, the Pueblo initiated Pueblo of Santo Domingo v.
United States pursuant to the ICCA. The Pueblo asserted
monetary claims against the United States for trespass, lost
use, and breach of the ICCA's ``fair and honorable dealings''
provision by the United States. The Pueblo's claims involve
more than 80,000 acres of land. The settlement agreement
provides for a compromise award of $8 million--payable from the
Judgment Fund--and the Pueblo's agreement to the stipulated
settlement of the ICCA case.
2. Pueblo of Santo Domingo v. Rael. The Pueblo purchased
the Diego Gallegos Grant, west of the current Pueblo
Reservation, in 1748. The Pueblo brought suit against a private
landowner seeking to secure possession of the land, which
provided access to sacred areas. In 1988, the Federal District
Court for the District of New Mexico entered judgment for the
Pueblo. On appeal, the Tenth Circuit remanded the case to the
district court. The Court of Appeals--noting that the Rael and
the ICCA case concerned some of the same lands and that the
United States was a defendant in the ICCA case while the Bureau
of Indian Affairs was assisting the Pueblo in Rael with
witnesses and other expenses--found that the United States
potentially was taking inconsistent positions in the two cases.
The Court of Appeals, among other rulings, ordered the Rael
action held in abeyance until the Government intervened in Rael
or judgment was entered in the ICCA case.
The Gallegos Grant includes approximately 50,000 acres,
about half of this acreage is controlled by the Pueblo. The
remaining land is occupied by the U.S. Forest Service, BLM, the
State of New Mexico, other pueblos, and private individuals.
The proposed settlement would provide for the waiver of the
Pueblo's claim to the Gallegos Grant lands not currently in
possession of the Pueblo.
3. United States v. Thompson. This dispute arises out of
the erroneous decision by the Pueblo Lands Board in 1928. A
portion of the Santo Domingo Pueblo Grant is overlapped by
other Spanish land grants, which are claimed by third parties.
The overlap area, which includes approximately 24,000 acres,
lies within the Pueblo's reservation as delineated by the 1907
Hall-Joy Survey but outside the earlier (and erroneous)
``Clements'' survey. The Pueblo Lands Board--which was created
to resolve conflicting claims to pueblo lands--confirmed the
Hall-Joy Survey, but nonetheless erroneously excluded the
overlap area from the Pueblo's lands. In Thompson, the United
States sought to enforce the Pueblo's title against third-
parties who trace their title to the overlapping land grants.
In 1991, the Tenth Circuit held that the United States' claim,
which had been brought on behalf of the Pueblo, was time-
barred. United States v. Thompson, 941 F.2d 1074, cert. denied,
503 U.S. 984 (1992). The Court of Appeals, however, found that
``the [Pueblo Lands] Board ignored an express congressional
directive'' in determining that the overlap lands did not
belong to the Pueblo. 941 F.2d at 1080.
The Court of Appeals, in finding that the action was time-
barred, did not resolve who had title to the overlap area.
These overlap lands are currently in the possession of non-
Indians and in the Army Corps of Engineers, which acquired fee
title to land for the Galisteo Project through condemnation
proceedings decades ago. The proposed global settlement would
resolve title issues raised in Thompson, clearing the title of
landowners in the overlap area.

III. MECHANICS OF THE PROPOSED SETTLEMENT

The proposed settlement works as follows. After enactment
of legislation ratifying the settlement and upon entry of the
stipulated settlement of the ICCA case and dismissal with
prejudice of the Pueblo's existing quiet title action in Rael,
the Pueblo will receive both money and land. In addition to
compromising its ICCA claims and agreeing to dismiss with
prejudice the Rael case, the Pueblo agrees to waive other
existing land claims.
The monetary component of the settlement totals $23
million, of which $8 million would be payable from the Judgment
Fund. The remaining $15 million of the proposal funds would be
authorized to be appropriated over three consecutive years in
the amount of $5 million beginning in FY 2002. These funds will
be deposited in a Santo Domingo Land Claims Settlement Fund.
The land component of the proposal is two-fold. First, the
Pueblo will receive approximately 4,500 acres of BLM land
within the Pueblo's claim area. These are lands that BLM has
determined are appropriate for disposal. Second, the parties
have agreed to a global settlement that includes a conveyance
of certain lands at a negotiated purchase price. To this end,
the Pueblo has the option to purchase some Forest Service land
within the claim area and two other parcels of land adjacent to
the claim area, approximately 7000 acres, for the agreed upon
price of $3.7 million. This option, if not exercised by the
Pueblo, expires two years after the final appropriation of
funds to the Santo Domingo Land Acquisition Fund. The Forest
Service would be authorized to use the funds to acquire
replacement lands for public use elsewhere in New Mexico.
The proposed settlement agreement would confirm the Hall-
Joy Survey as the boundary of the Pueblo's reservation. In
order to avoid jurisdictional confusion, non-Indian fee lands
within the overlap area would not be Indian country pursuant to
18 U.S.C. Sec. 1151, and would not be subject to tribal and
federal jurisdiction. Pursuant to the settlement, land within
the overlap area would constitute Indian country if it is
acquired by the Pueblo in fee simple.
The proposed settlement, if legislatively ratified, would
resolve the Pueblo's land claims with finality and do so in a
principled way which serves the interests of all parties. The
Pueblo boundaries have been in continuous dispute since the
mid-19th century. This settlement resolves the Pueblo claims
once and for all, clearly delineating the Pueblo's lands.
The Office of Management and Budget has advised that there
is no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
David J. Hayes.

CHANGES IN EXISTING LAW

The Committee finds that S. 2917, as amended, if enacted
would make no changes in existing law.
A P P E N D I X

----------

The text of the Settlement Agreement between the United
States and the Pueblo of Santo Domingo to resolve all of the
Pueblo's land title and trespass claims, together with a map of
the settlement area, follows:

SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES AND THE PUEBLO OF SANTO
DOMINGO TO RESOLVE ALL OF THE PUEBLO'S LAND TITLE AND TRESPASS CLAIMS

Subject to ratification and approval by an Act of Congress,
the Pueblo of Santo Domingo and the United States through the
Departments of Justice, Agriculture and the Interior hereby
enter into this Agreement to settle the Pueblo's land title and
trespass claims, as set out in detail below.
SECTION 1. PRELIMINARY UNDERSTANDINGS
(a) This Agreement imposes no enforceable burdens or
obligations on any party hereto until it has been ratified and
approved by an Act of the Congress of the United States. The
Agreement reflects the result of many months of negotiations
between a Federal Negotiating Team representing the three
Executive Departments and a Pueblo Negotiating Team
representing the Tribal Council of the Pueblo of Santo Domingo,
who have sought to achieve a resolution of the Pueblo's land
claims to avoid the expense, hardship, and uncertainty which
would result from the many years of litigation which would be
required to adjudicate all of these claims with finality.
(b) Provisions for appropriated funds in Section 5 of this
Agreement are subject to the Congressional appropriations
process, and the schedule set forth in that Section does not
bind the U.S. Congress. Accordingly, the availability of those
appropriated funds to effectuate this settlement cannot be
guaranteed.
(c) Nothing in this Agreement constitutes an admission of
liability by the United States or the Pueblo of Santo Domingo
or any admission of any fact relevant to the assertion by the
Pueblo of its land and trespass claims and any claims against
the United States.
SECTION 2. PURPOSE
The purpose of this Agreement is to settle fairly and with
finality and certainty the land title claims, boundary
disputes, and trespass claims of the Pueblo, and to provide for
the extinguishment of the Pueblo's claims, including but not
limited to:
(a) Docket No. 355 of the Indian Claims Commission, pending
in the U.S. Court of Federal Claims;
(b) Claims to that portion of the Santo Domingo Pueblo Land
Grant which is overlapped by other Spanish land grants, and
which were the subject of United States v. Thompson, et al.,
U.S. Dist. Ct., Dist. of New Mexico, Civil No. 84-0314 JC, and
United States v. Pankey, U.S. Dist. Ct., Dist. of New Mexico,
No. 729 in Law and Equity.
(c) Claims by the Pueblo based on its purchase of the Diego
Gallegos Grant, including litigation styled Pueblo of Santo
Domingo v. Rael, U.S. Dist. Ct., Dist. of New Mexico, Civil No.
83-1888.
(d) Claims by the Pueblo to federally-administered lands,
including National Forest System lands, and to lands held by
the United States for the benefit of other Indian tribes.

Notwithstanding the foregoing, nothing in this Agreement is
intended to or shall effectuate an extinguishment of or
otherwise impair the Pueblo's title to or interest in lands or
water rights as described in Section 9(b)(1) of this Agreement.
SECTION 3. AMENDMENT; OPTION TO WITHDRAW
(a)(1) The parties to this Settlement Agreement may agree
to amend the Agreement at any time prior to enactment of
legislation ratifying and approving this Agreement.
(2) The parties may amend this Settlement Agreement after
the enactment of the ratifying legislation for purposes of
making technical corrections only.
(b)(1) If one house of the U.S. Congress passes a bill
which would alter the terms of this Settlement Agreement or
would otherwise impose terms on the parties inconsistent with
the terms of this Settlement Agreement, in a manner that
materially prejudices the interests of either party, either
party may, at any time after passage of the bill by that house,
exercise the option to withdraw its approval of this Agreement
by written notice to the other party. Such notices must be
received by the other party prior to enrollment of the bill
pursuant to 1 U.S.C. Sec. 106.
(2) In addition to the provisions of subparagraph (b)(1),
either party may withdraw from this Settlement Agreement if
ratifying legislation is not enacted by November 15, 2000,
provided that such notice of withdrawal must be received by the
other party prior to the enrollment of a bill pursuant to 1
U.S.C. Sec. 106.
(3) The provisions of subparagraphs (b) and (c) do not
impair or in any way limit the constitutional authorities of
the President of the United States.
(c)(1) Exercise by the Pueblo of the option to withdraw
pursuant to subsection (b) will require a resolution of the
Tribal Council. Notice of the exercise must be delivered by
hand to the Assistant Attorney General, Environment and Natural
Resources Division, or to another official authorized to act on
her behalf.
(2) Exercise by the federal agencies of the option to
withdraw will require a notice letter signed by the Assistant
Attorney General, Environment and Natural Resources Division,
or by another official authorized to act on her behalf. Notice
of the exercise must be delivered by hand to the Governor of
the Pueblo of Santo Domingo, or to another official authorized
to act on his behalf.
SECTION 4. DEFINITIONS
(a) ``Federally-administered lands'' means lands, waters,
or interests therein, administered by federal agencies, except
for that owned by or for the benefit of Indian tribes or
individual Indians.
(b) ``Land management agencies'' means the Bureau of Land
Management and the Forest Service of the Department of
Agriculture.
(c) ``Parties'' means the Pueblo of Santo Domingo and the
United States through the Departments of Justice, Agriculture,
and the Interior.
(d) ``Public lands'' shall have the same meaning as
provided in section 103 of the Federal Land Policy and
Management Act, 43 U.S.C. Sec. 1702(e).
(e) ``Pueblo'' means the Pueblo of Santo Domingo.
(f) ``Secretary'' means the Secretary of the Interior and
his delegees, unless expressly stated otherwise.
(g) ``Technical corrections'' means changes to this
Settlement Agreement to correct typographical errors, mistakes
in land descriptions, or other minor corrections that do not
alter the bargain between the parties or the basic terms of the
Agreement.
SECTION 5. MONETARY BENEFITS TO THE PUEBLO
(a) After enactment of the ratifying legislation, and
within 60 days after the dismissal with prejudice of the
lawsuit styled Pueblo of Santo Domingo v. Rael, No. CIV-83-
1888, in the U.S. District Court for the District of New
Mexico, the United States and the Pueblo will file a Motion for
Entry of Stipulated Judgment, attached hereto as Appendix A, in
Pueblo of Santo Domingo v. United States, Indian Claims
Commission Docket No. 355 in the U.S. Court of Federal Claims,
providing for an award to the Pueblo, in settlement of all of
its remaining claims in Docket 355, of $8 million pursuant to
Section 22 of the Act of August 13, 1946, 60 Stat. 1049, 1055,
and the Act of October 8, 1976, 90 Stat. 1990. Funds necessary
to pay that award will be disbursed pursuant to 31 U.S.C.
Sec. 1304 after final judgment has been entered by the U.S.
Court of Federal Claims.
(b) The ratifying legislation shall authorize the
establishment of a Pueblo of Santo Domingo Land Claims
Settlement Fund to enable the Pueblo to acquire lands within
the exterior boundaries of the exclusive aboriginal occupancy
area of the Pueblo, as set out in the Findings of Fact of the
Indian Claims Commission, dated May 9, 1973, and for use for
education, economic development, youth and elderly programs, or
other tribal purposes in accordance with plans and budgets
developed approved by the Tribal Council of the Pueblo and
approved by the Secretary, except that no portion of these
funds may be paid to members of the Pueblo on a per capita
basis. The parties agree that the acquisition of lands with
these funds shall be on a willing seller basis, and that
ratifying legislation shall prohibit the exercise of any
eminent domain authority for purposes of acquiring lands for
the benefit of the Pueblo pursuant to this settlement. Funds
deposited in the Settlement Fund pursuant to subsections (c)
and (d) of this section shall be maintained and invested by the
Secretary pursuant to 25 U.S.C. Sec. 162a. The ratifying
legislation will provide that the provisions of Public Law 93-
134, governing the distribution of Indian claims judgment
funds, and the plan approval requirements of Section 203 of
Public Law 103-412 shall not be applicable to these funds. If
the Pueblo withdraws money from the Fund and uses it or
deposits it in a private financial institution, except as
provided in the withdrawal plan, neither the Secretary nor the
Secretary of the Treasury shall retain any oversight over or
liability for the accounting, disbursement, or investment of
the funds.
(c) The ratifying legislation shall authorize the
appropriation of sums in the annual Department of the Interior
and Related Agencies Appropriations Acts over the next three
fiscal years, commencing with FY 2002, in the total amount of
$15 million to be deposited into the Pueblo of Santo Domingo
Land Claims Settlement Fund.
(d) The funds appropriated pursuant to the judgment
described in Section 5(a) shall be deposited into the Pueblo of
Santo Domingo Land Claims Settlement Fund.
SECTION 6. TRANSFER OF PUBLIC LANDS TO THE PUEBLO
On the date of the entry of the Stipulated Judgment in
Pueblo of Santo Domingo v. United States, Indian Claims
Commission Docket No. 355 in the Court of Federal Claims, as
provided in Section 5(a), and in consideration for the
aforesaid judgment and dismissal, certain public lands
administered by the Bureau of Land Management, consisting of
approximately 4,577.10 acres of land, and described in Appendix
B to this Agreement, shall thereafter be held by the United
States in trust for the benefit and use of the Pueblo, subject
to valid third-party existing rights, including rights of
access, and such rights-of-way for public and/or administrative
access over conveyed lands as described in Appendix C to this
Agreement.
SECTION 7. SALE OF NATIONAL FOREST SYSTEM LANDS TO THE PUEBLO
(a) After enactment of the ratifying legislation and
compliance with Section 5(a), the Pueblo shall, subject to
Section 7(f), have the exclusive right to acquire the following
three tracts of National Forest System lands:
(1) The Canada de Cochiti tract, as described in
Appendix D to this Agreement;
(2) The Majada Mesa tract, as described in Appendix E
to this Agreement;
(3) The Canada de Santa Fe tract, as described in
Appendix F to this Agreement.
(b)(1) Upon receipt of a Tribal Council resolution stating
the Pueblo's intent to exercise its right to acquire all three
tracts, the deposit by the Pueblo of the consideration
specified in subsection (d) into an agreed-upon escrow, and the
completion of a pre-acquisition environmental site assessment
by the Bureau of Indian Affairs to determine if the lands are
free of hazardous materials, the Secretary of Agriculture shall
convey or cause to be conveyed to the Pueblo all rights, title
and interests in and to those National Forest System lands.
(2) For those National Forest lands having the status of
acquired lands, the Forest Service shall convey to the Pueblo
by quitclaim deed; for those National Forest lands which have
public domain status the Secretary of the Interior, through the
Bureau of Land Management, shall issue patents. Once the Pueblo
has acquired title to these lands, they may be conveyed by the
Pueblo to the Secretary of the Interior who shall accept and
hold such lands in the name of the United States in trust for
the benefit of the Pueblo.
(c) The lands to be conveyed to the Pueblo pursuant to this
section shall be subject to:
(1) any and all valid existing rights which may be
outstanding or reserved, and
(2) reservations in the United States, including all
rights of administrative and public access, which
rights and reservations are described in Appendix G to
this Agreement.
(d) At the time of closing on the sale of the National
Forest lands to the Pueblo of Santo Domingo the Pueblo shall
consent to the issuance by the Secretary of the Interior of an
easement of perpetual access to the Pueblo of Jemez along what
is now designated as Forest Road 140, and shall also consent to
the issuance of perpetual easements to the State Highway and
Transportation Department for state roads 16 and 22.
(e) Consideration for the total of the conveyances
authorized by this section shall be $3.7 million payable by the
Pueblo from any source, including the Land Claims Settlement
Fund created pursuant to Section 5(b), to the Secretary of
Agriculture at closing. Funds so received by the Secretary of
Agriculture shall be deposited in the fund established under
the Act of December 4, 1967, known as the Sisk Act (16 U.S.C.
Sec. 484a), and shall be available to purchase non-Federal
lands within or adjacent to the National Forests in the State
of New Mexico.
(f) If, after two years from the date of the third and
final appropriation of funds for the Land Claims Settlement
Fund, or after ten years from the date this Agreement is
ratified by an Act of Congress, whichever is earlier, the
Pueblo has not exercised its exclusive right to acquire the
National Forest System lands described herein by tendering the
consideration pursuant to paragraph (b)(1) of this section, the
exclusive right of the Pueblo to acquire the lands will expire
and the Secretary of Agriculture may offer such lands for sale
or exchange, in whole or part, to any other party.
SECTION 8. SEGREGATION OF FEDERAL LANDS
(a) By notice published in the Federal Register on March
29, 1999 (64 F.R. 14937-38), the public lands and National
Forest lands described in Sections 6 and 7 of this Agreement
were closed from surface entry and mining for up to two years.
(b) The ratifying legislation will provide that these lands
shall be further withdrawn, subject to valid existing rights,
from any new public use or entry under any federal land laws,
and shall not be identified for any disposition by or for any
agency of the United States, other than the transfers to the
Pueblo as set forth in Sections 6 and 7, and permits not to
exceed one year, until such lands are conveyed to the Pueblo or
treated as being held in trust for the benefit of the Pueblo,
or until ten years from the date of the ratifying legislation,
whichever occurs earlier. No mineral production or exploration
or harvest of forest products shall be permitted on these lands
pending their transfer to the Pueblo: Provided, that after
consultation with the Pueblo, nothing herein shall preclude
forest management practices on such lands, including the
harvest of timber in the event of fire, disease or insect
infestation.
(c) Before permits not to exceed one year, as described in
Paragraph (b) of the Section, for use of the public lands and
National Forest lands described in Sections 6 and 7 may be
granted or renewed, or otherwise created, enlarged or extended,
the land management agencies shall consult with authorized
representatives of the Pueblo. After the Pueblo has exercised
its right to acquire the National Forest lands pursuant to
Section 7(b)(1), and prior to the date of closing on the
conveyance, no such grant or renewal may be made without the
express written consent of the Tribal Council of the Pueblo.
SECTION 9. COMPROMISE, RESOLUTION AND EXTINGUISHMENT OF SANTO DOMINGO
CLAIMS
(a) With respect to the Pueblo's claims against the United
states, its agencies, officers, and instrumentalities, in
consideration for the benefits of this Agreement and for other
valuable consideration, the Pueblo agrees, subject to the
provisions of subsection (b):
(1) to the relinquishment and extinguishment of all
claims to land, whether based on aboriginal or
recognized title, and of all claims for damages or
other judicial relief or for administrative remedies
pertaining in any way to the Pueblo's land, such as
boundary, trespass, and mismanagement claims, including
but not limited to any claims related to:
(A) any federally-administered lands,
including National Forest System lands
designated in this Agreement for possible sale
or exchange to the Pueblo, and
(B) any lands owned or held for the benefit
of any Indian tribe other than the Pueblo;
and (2) to the compromise and settlement of all claims
which were, or could have been, brought in Docket No.
355, pending in the United States Court of Federal
Claims.
(b)(1) Nothing in this Settlement Agreement, including
subsections (a) and (c) of this section, is intended to or
shall in any way effectuate an extinguishment of or otherwise
impair: (i) the Pueblo's title to lands acquired by or for the
benefit of the Pueblo since December 28, 1927, or in a tract of
land of approximately 150.14 acres known as the ``sliver area''
and described on a plat which is Appendix H to the Agreement;
(ii) the Pueblo's title to land within the Santo Domingo Pueblo
Grant which the Pueblo Lands Board found not to have been
extinguished; or (iii) the Pueblo's water rights appurtenant to
the lands described in clauses (i) and (ii) of this subsection;
nor shall anything in this Agreement expand, reduce or
otherwise impair any rights which the Pueblo or its members may
have under existing federal statutes concerning religious and
cultural access to and uses of the public lands.
(2) The Pueblo agrees that the ratifying legislation shall
confirm the Pueblo Lands Board's determination on page 1 of its
Report of December 28, 1927, that Santo Domingo Pueblo title
derived from the Santo Domingo Pueblo Grant to the lands
overlapped by the La Majada, Sitio de Juana Lopez and Mesita de
Juana Lopez Grants has been extinguished as of the date of that
Report.
(c) In further consideration for the benefits of this
Agreement, and other valuable consideration, the Pueblo agrees,
subject to the provisions of subsection (b), with respect to
claims against persons, the State of New Mexico and its
subdivisions, and Indian tribes other than the Pueblo, to the
relinquishment and extinguishment of all claims to land,
whether based on aboriginal or recognized title, and of all
claims for damages or other judicial relief or for
administrative remedies pertaining in any way to the Pueblo's
land, such as boundary and trespass claims.
(d) The Pueblo further agrees to the extinguishment of all
claims listed on pages 13894-13895 of Volume 48 of the Federal
Register, published on March 31, 1983, except for claims
numbered 002 and 004.
(e) The ratifying legislation shall contain the following
provision:

Any transfer of land or natural resources, prior to the
enactment of this Act, located anywhere within the
United States from, by, or on behalf of the Pueblo, or
any of the Pueblo's members, shall be deemed to have
been made in accordance with the Trade and Intercourse
Act of June 30, 1834 (R.S. Sec. 2116, ch. 161, Sec. 12,
4 Stat. 729, 730), Section 17 of the Pueblo Lands Act
of June 7, 1924 (ch. 331, 43 Stat. 636), and any other
provision of Federal law that specifically applies to
transfers of land or natural resources from, by, or on
behalf of an Indian tribe: Provided, however, That
nothing in this section shall be construed to affect or
eliminate the personal claim of any individual Indian
which is pursued under any law of general applicability
that protects non-Indians as well as Indians.

(f) The provisions of subsections (a), (b)(2), (c), (d),
and (e) of this section shall not become effective or binding
upon the Pueblo until (1) the approval of this Settlement
Agreement by an Act of Congress; (2) the dismissal with
prejudice of the lawsuit styled Pueblo of Santo Domingo v.
Rael, No. CIV-83-1888, in the U.S. District Court for the
District of New Mexico; and (3) the entry of final judgment in
Pueblo of Santo Domingo v. United States, Indian Claims
Commission Docket No. 355 in the U.S. Court of Federal Claims;
and those provisions shall only apply to claims which exist on
the date of this Agreement.
(g)(1) In addition to foregoing provisions of this section,
in order to address the boundary overlaps and title conflicts
between the Pueblo of Santo Domingo and the Pueblo de Cochiti,
the parties agree that the provisions of Resolution 97-010 of
the Tribal Council of the Pueblo de Cochiti, dated August 18,
1997, and Resolution No. C-22-99, dated November 23, 1999,
shall be approved by the ratifying legislation.
(2) The ratifying legislation shall also provide, in
accordance with Resolution No. C-22-99 of the Tribal Council of
the Pueblo de Cochiti, that the Pueblo de Cochiti has agreed to
the relinquishment of its claim to that portion of the
southwest corner of its Spanish land grant which overlaps the
northern boundary of the Santo Domingo Pueblo Grant (consisting
of approximately 148 acres of land), in consideration for the
Pueblo of Santo Domingo's agreement to the extinguishment of
its claims, and has also agreed to disclaim any right to
receive any compensation from the United States or any other
party for said overlapping land.
SECTION 10. JURISDICTION AND LAND STATUS
(a) Any lands owned by or on behalf of the Pueblo within
the boundaries of the Santo Domingo Pueblo Grant, as determined
by the 1907 Hall-Joy Survey, confirmed in the Report of the
Pueblo Lands Board, dated December 28, 1927, on the date
specified in Section 9(f), or hereinafter acquired by the
Pueblo within the Grant in fee simple absolute, shall be
considered ``Indian country'' within the meaning of Section
1151 of Title 18 of the United States Code, subject to valid
existing rights and any future exercise of Congressional power.
Nothing herein is intended to cloud title to federally-
administered lands or non-Indian or other Indian lands, with
regard to claims of title which are extinguished pursuant to
Section 9.
(b) The ratifying legislation shall also provide that any
lands or interests in lands not owned or acquired in fee simple
absolute at any time by the Pueblo within the Santo Domingo
Pueblo Grant shall not be treated as ``Indian country''.
(c) The ratifying legislation shall provide that any lands
acquired by the Pueblo pursuant to this settlement or with
funds paid to the Pueblo in accordancae with the terms of
Section 5 of this Agreement shall be subject to the provisions
of Section 17 of the Pueblo Lands Act of 1924.
SECTION 11. ANTI-DEFICIENCY ACT
Any requirement for payment of obligation of funds by the
United States shall be subject to the availability of
appropriated funds. No provision of this Settlement Agreement
shall be interpreted to require obligation or payment of funds
in violation of the Anti-Deficiency Act, 31 U.S.C.
Sec. Sec. 1341, 1342, and 1511-1519.

The undersigned approve and enter into this Settlement
Agreement between the United States (as represented by the
Departments of the Interior, Agriculture, and Justice) and the
Pueblo of Santo Domingo (as represented by the Governor) to
resolve the Pueblo of Santo Domingo's land title and trespass
claims:

Pueblo of Santo Domingo
Tony Tortalita,
Governor.

United States Department of the Interior
David J. Hayes,
Deputy Secretary.

United States Department of Agriculture
Charles R. Rawls,
General Counsel.

United States Department of Justice
Lois J. Schiffer,
Assistant Attorney General,
Environment and Natural Resources Division.