[107th Congress Public Law 138]
[From the U.S. Government Printing Office]
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[DOCID: f:publ138.107]
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Public Law 107-138
107th Congress
An Act
To require the valuation of nontribal interest ownership of subsurface
rights within the boundaries of the Acoma Indian Reservation, and for
other purposes. <<NOTE: Feb. 6, 2002 - [H.R. 1913]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: New Mexico.>> PUEBLO OF ACOMA LAND AND MINERAL
CONSOLIDATION.
(a) <<NOTE: Deadline.>> Valuation.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of the Interior
shall determine the extent and the value of the nontribal interest
ownership of the subsurface rights, including mineral rights, within the
boundaries of the Acoma Indian Reservation.
(b) Land Exchanges.--Upon completion of the valuation required by
subsection (a), the Secretary shall, unless the Secretary exercises an
option under subsection (c), negotiate an exchange with any willing
sellers of interests in nontribal land (including interests in mineral
or other surface or subsurface rights) within the boundaries of the
Acoma Indian Reservation for interests in Federal land that is--
(1) located within the boundaries of the State of New
Mexico;
(2) identified by the Bureau of Land Management as available
for disposal; and
(3) of approximately the same value as the interest in land
for which it is being exchanged.
(c) Purchase Option.--At the discretion of the Secretary, instead of
a land exchange under subsection (b), the Secretary may acquire
interests in nontribal land (including interests in mineral or other
surface or subsurface rights) within the boundaries of the Acoma Indian
Reservation through--
(1) direct cash purchase of the interests in nontribal land
for the fair market value determined under subsection (a); and
(2) issuance to any owner of the interests in nontribal land
of a Certificate of Bidding Rights in such form and manner as
provided for under regulations promulgated by the Secretary
under provisions of the Act of February 25, 1920 (commonly known
as the Mineral Leasing Act (30 U.S.C. 181 et seq.)) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) for mineral
leasing and bidding rights equal to the fair market value
determined under subsection (a).
(d) Cost Sharing.--The costs of the valuation required under
subsection (a) and any land exchange under subsection (b) shall be
equally shared between the owners of the interests in nontribal land and
the Secretary. <<NOTE: Applicability.>> This subsection shall apply to
the cost
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of the valuation under subsection (a) even if the Secretary elects to
exercise the options for acquisition under subsection (c).
SEC. 2. TIMELINE; LAND TAKEN INTO TRUST.
The <<NOTE: Deadline.>> Secretary shall complete such negotiations
and exchanges not later than 3 years after the date of the enactment of
this Act and shall place interests in land within the boundaries of the
Acoma Indian Reservation that are acquired under this Act into trust for
the Pueblo of Acoma.
Approved February 6, 2002.
LEGISLATIVE HISTORY--H.R. 1913:
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HOUSE REPORTS: No. 107-285 (Comm. on Resources).
CONGRESSIONAL RECORD:
Vol. 147 (2001):
Nov. 27, considered and passed
House.
Vol. 148 (2002):
Jan. 28, considered and passed
Senate.
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