[109th Congress Public Law 286]
[From the U.S. Government Printing Office]
[DOCID: f:publ286.109]
[[Page 1217]]
PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT ACT OF 2005
[[Page 120 STAT. 1218]]
Public Law 109-286
109th Congress
An Act
To resolve certain Native American claims in New Mexico, and for other
purposes. <<NOTE: Sept. 27, 2006 - [S. 1773]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Pueblo de San
Ildefonso Claims Settlement Act of 2005.>>
SECTION 1. <<NOTE: 25 USC 1780 note.>> SHORT TITLE.
This Act may be cited as the ``Pueblo de San Ildefonso Claims
Settlement Act of 2005''.
SEC. 2. <<NOTE: 25 USC 1780.>> 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.
[[Page 120 STAT. 1219]]
(9) Settlement area land.--The term ``Settlement Area Land''
means the National Forest System land located within the Santa
Fe National Forest, as described in Appendix B to the Settlement
Agreement, that is available for purchase by the Pueblo under
section 9(a) of the Settlement Agreement.
(10) Settlement fund.--The term ``Settlement Fund'' means
the Pueblo de San Ildefonso Land Claims Settlement Fund
established by section 6.
(11) Sisk act.--The term ``Sisk Act'' means Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(12) Water system land.--The term ``Water System Land''
means the federally-owned land located within the Santa Fe
National Forest to be conveyed to the County under the Los
Alamos Agreement.
(b) Purposes.--The purposes of this Act are--
(1) to finally dispose, as set forth in sections 4 and 5, of
all rights, claims, or demands that the Pueblo has asserted or
could have asserted against the United States with respect to
any and all claims in the Pending Litigation;
(2) to extinguish claims based on aboriginal title, Indian
title, or recognized title, or any other title claims under
section 5;
(3) to authorize the Pueblo to acquire the Settlement Area
Land, and to authorize the Secretary of Agriculture to convey
the Water System Land, the Northern Tier Land, and the Los
Alamos Townsite Land for market value consideration, and for
such consideration to be paid to the Secretary of Agriculture
for the acquisition of replacement National Forest land
elsewhere in New Mexico;
(4) to provide that the Settlement Area Land acquired by the
Pueblo shall be held by the Secretary of the Interior in trust
for the benefit of the Pueblo;
(5) to facilitate government-to-government relations between
the United States and the Pueblo regarding cooperation in the
management of certain land administered by the National Park
Service and the Bureau of Land Management as described in
sections 7 and 8 of the Settlement Agreement;
(6) to ratify the Settlement Agreement; and,
(7) to ratify the Los Alamos Agreement.
SEC. 3. <<NOTE: 25 USC 1780a.>> 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. <<NOTE: 25 USC 1780b.>> JUDGMENT AND DISMISSAL OF LITIGATION.
(a) Dismissal.--Not <<NOTE: Deadline.>> 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.
[[Page 120 STAT. 1220]]
(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. <<NOTE: 25 USC 1780c.>> RESOLUTION OF CLAIMS.
(a) Extinguishments.--Except as provided in subsection (b), in
consideration of the benefits of the Settlement Agreement, and in
recognition of the agreement of the Pueblo to the Settlement Agreement,
all claims of the Pueblo against the United States (including any claim
against an agency, officer, or instrumentality of the United States) are
relinquished and extinguished, including--
(1) any claim to land based on aboriginal title, Indian
title, or recognized title;
(2) any claim for damages or other judicial relief or for
administrative remedies that were brought, or that were knowable
and could have been brought, on or before the date of the
Settlement Agreement;
(3) any claim relating to--
(A) any federally-administered land, including
National Park System land, National Forest System land,
Public land administered by the Bureau of Land
Management, the Settlement Area Land, the Water System
Land, the Northern Tier Land, and the Los Alamos
Townsite Land; and
(B) any land owned by, or held for the benefit of,
any Indian tribe other than the Pueblo; and
(4) any claim that was, or that could have been, asserted in
the Pending Litigation.
(b) Exceptions.--Nothing in this Act or the Settlement Agreement
shall in any way extinguish or otherwise impair--
(1) the title of record of the Pueblo to land held by or for
the benefit of the Pueblo, as identified in Appendix D to the
Settlement Agreement, on or before the date of enactment of this
Act; and,
(2) the title of the Pueblo to the Pueblo de San Ildefonso
Grant, including, as identified in Appendix D to the Settlement
Agreement--
(A) the title found by the United States District
Court for the District of New Mexico in the case styled
United States v. Apodoca (Number 2031, equity: December
5, 1930) not to have been extinguished; and
(B) title to any land that has been reacquired by
the Pueblo pursuant to the Act entitled ``An Act to
quiet the title to lands within Pueblo Indian land
grants, and for other purposes'', approved June 7, 1924
(43 Stat. 636, chapter 331);
(3) the water rights of the Pueblo appurtenant to the land
described in paragraphs (1) and (2); and
(4) any rights of the Pueblo or a member of the Pueblo under
Federal law relating to religious or cultural access to, and use
of, Federal land.
(c) Previous Extinguishments Unimpaired.--Nothing in this Act
affects any prior extinguishments of rights or claims of the Pueblo
which may have occurred by operation of law.
(d) Boundaries and Title Unaffected.--
[[Page 120 STAT. 1221]]
(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. <<NOTE: 25 USC 1780d.>> 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. <<NOTE: 25 USC 1780e.>> 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--
[[Page 120 STAT. 1222]]
(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.--
[[Page 120 STAT. 1223]]
(A) In general.--Upon acquisition by the Pueblo of
the Settlement Area Land, the Secretary of the Interior,
acting on behalf of the Pueblo and the United States,
shall execute easements in accordance with any right
reserved by the United States for the benefit of private
landowners owning property that requires the use of
Forest Development Road 416 (as in existence on the date
of enactment of this Act) and other roads that may be
necessary to provide legal access into the property of
the landowners, as the property is used on the date of
this Act.
(B) Maintenance of roads.--Neither the Pueblo nor
the United States shall be required to maintain roads
for the benefit of private landowners.
(C) Easements.--Easements shall be granted, without
consideration, to private landowners only upon
application of such landowners to the Secretary.
(e) Forest Development Roads.--
(1) United states right to use.--Subject to any right-of-way
to use, cross, and recross a road, the United States shall
reserve and have free and unrestricted rights to use, operate,
maintain, and reconstruct (at the same level of development, as
in existence on the date of the Settlement Agreement), those
sections of Forest Development Roads 57, 442, 416, 416v, 445 and
445ca referenced in Appendix B of the Settlement Agreement for
any and all public and administrative access and other Federal
governmental purposes, including access by Federal employees,
their agents, contractors, and assigns (including those holding
Forest Service permits).
(2) Certain roads.--Notwithstanding paragraph (1), the
United States--
(A) may improve Forest Development Road 416v beyond
the existing condition of that road to a high clearance
standard road (level 2); and
(B) shall have unrestricted administrative access
and non-motorized public trail access 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.
[[Page 120 STAT. 1224]]
(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. <<NOTE: 25 USC 1780f.>> 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. <<NOTE: 25 USC 1780g.>> 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--
[[Page 120 STAT. 1225]]
(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. <<NOTE: 25 USC 1780h.>> 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. <<NOTE: 25 USC 1780i.>> 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. <<NOTE: 25 USC 1780j.>> 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.
[[Page 120 STAT. 1226]]
(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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> later than
90 days after receiving a written offer from the
Secretary of Agriculture under paragraph (1)(C), the
Pueblo may exercise its option to acquire the Northern
Tier Land by delivering to the Regional Director of
Lands and Minerals, Forest Service, Southwestern Region,
a resolution of the Pueblo Tribal Council expressing the
unqualified intent of the Pueblo to purchase the land at
the offered price.
(B) Failure of pueblo to act.--If the Pueblo fails
to exercise its option to purchase the Northern Tier
Land within 90 days after receiving an offer from the
Secretary of Agriculture, or fails to close on the
purchase of such land within 1 year of the date on which
the option to purchase was exercised under subparagraph
(A), the Secretary of Agriculture may sell or exchange
the land to any third party in such manner and on such
terms and conditions as the Secretary determines to be
in the public interest, including by a competitive
process.
(3) Extension of time period.--The Secretary of Agriculture
may extend the time period for closing beyond the 1 year
prescribed in subsection (b), if the Secretary determines that
additional time is required to meet the administrative
processing requirements of the Federal Government, or for other
reasons beyond the control of either party.
(c) Terms and Conditions of Sale.--
(1) Purchase price.--Subject to valid existing rights and
reservations, the purchase price for the Northern Tier Land sold
to the Pueblo of Santa Clara or the Pueblo under subsection (b)
shall be the consideration agreed to by the Pueblo of Santa
[[Page 120 STAT. 1227]]
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 <<NOTE: Effective date.>> 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 <<NOTE: Applicability.>> 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
[[Page 120 STAT. 1228]]
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 <<NOTE: Deadline.>> 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. <<NOTE: 25 USC 1780k.>> 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.
[[Page 120 STAT. 1229]]
(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. <<NOTE: 25 USC 1780l.>> DISTRIBUTION OF FUNDS PLAN.
Not later <<NOTE: Deadline.>> 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. <<NOTE: 25 USC 1780m.>> 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. <<NOTE: 25 USC 1780n.>> EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act.
SEC. 17. <<NOTE: 25 USC 1780o.>> TIMING OF ACTIONS.
It is the <<NOTE: Deadline.>> 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.
[[Page 120 STAT. 1230]]
SEC. 18. <<NOTE: 25 USC 1780p.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as are necessary
to carry out this Act.
Approved September 27, 2006.
LEGISLATIVE HISTORY--S. 1773:
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HOUSE REPORTS: No. 109-633 (Comm. on Resources).
SENATE REPORTS: No. 109-252 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 24, considered and passed Senate.
Sept. 12, considered and passed House.
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