§ 1777. — Findings and purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1777]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER XI--SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT
Sec. 1777. Findings and purposes
(a) Findings
Congress makes the following findings:
(1) For many years the Pueblo of Santo Domingo has been
asserting claims to lands within its aboriginal use area in north
central New Mexico. These claims have been the subject of many
lawsuits, and a number of these claims remain unresolved.
(2) In December 1927, the Pueblo Lands Board, acting pursuant to
the Pueblo Lands Act of 1924 (43 Stat. 636) confirmed a survey of
the boundaries of the Pueblo of Santo Domingo Grant. However, at the
same time the Board purported to extinguish Indian title to
approximately 27,000 acres of lands within those grant boundaries
which lay within 3 other overlapping Spanish land grants. The United
States Court of Appeals in United States v. Thompson (941 F.2d 1074
(10th Cir. 1991), cert. denied 503 U.S. 984 (1992)), held that the
Board ``ignored an express congressional directive'' in section 14
of the Pueblo Lands Act, which ``contemplated that the Pueblo would
retain title to and possession of all overlap land''.
(3) The Pueblo of Santo Domingo has asserted a claim to another
25,000 acres of land based on the Pueblo's purchase in 1748 of the
Diego Gallegos Grant. The Pueblo possesses the original deed
reflecting the purchase under Spanish law but, after the United
States assumed sovereignty over New Mexico, no action was taken to
confirm the Pueblo's title to these lands. Later, many of these
lands were treated as public domain, and are held today by Federal
agencies, the State Land Commission, other Indian tribes, and
private parties. The Pueblo's lawsuit asserting this claim, Pueblo
of Santo Domingo v. Rael (Civil No. 83-1888 (D.N.M.)), is still
pending.
(4) The Pueblo of Santo Domingo's claims against the United
States in docket No. 355 under the Act of August 13, 1946 (60 Stat.
1049; commonly referred to as the Indian Claims Commission Act) have
been pending since 1951. These claims include allegations of the
Federal misappropriation and mismanagement of the Pueblo's
aboriginal and Spanish grant lands.
(5) Litigation to resolve the land and trespass claims of the
Pueblo of Santo Domingo would take many years, and the outcome of
such litigation is unclear. The pendency of these claims has clouded
private land titles and has created difficulties in the management
of public lands within the claim area.
(6) The United States and the Pueblo of Santo Domingo have
negotiated a settlement to resolve all existing land claims,
including the claims described in paragraphs (2) through (4).
(b) Purpose
It is the purpose of this subchapter--
(1) to remove the cloud on titles to land in the State of New
Mexico resulting from the claims of the Pueblo of Santo Domingo, and
to settle all of the Pueblo's claims against the United States and
third parties, and the land, boundary, and trespass claims of the
Pueblo in a fair, equitable, and final manner;
(2) to provide for the restoration of certain lands to the
Pueblo of Santo Domingo and to confirm the Pueblo's boundaries;
(3) to clarify governmental jurisdiction over the lands within
the Pueblo's land claim 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 to compensate the Pueblo for
the claims it has pursued pursuant to the Act of August 13, 1946
(60 Stat. 1049; commonly referred to as the Indian Claims
Commission Act);
(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 the appropriation of $15,000,000
over 3 consecutive years which would be deposited in a Santo
Domingo Lands Claims Settlement Fund for expenditure by the
Pueblo for land acquisition and other enumerated tribal
purposes.
(c) Rule of construction
Nothing in this subchapter 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 1777c(a)(2) of
this title.
(Pub. L. 106-425, Sec. 2, Nov. 1, 2000, 114 Stat. 1890.)
References in Text
The Pueblo Lands Act of 1924, referred to in subsec. (a)(2), is act
June 7, 1924, ch. 331, 43 Stat. 636, as amended, which is set out as a
note under section 331 of this title.
Act of August 13, 1946, referred to in subsecs. (a)(4) and
(b)(4)(B), is act Aug. 13, 1946, ch. 959, 60 Stat. 1049, as amended,
known as the Indian Claims Commission Act of 1946, which was classified
generally to chapter 2A (Sec. 70 et seq.) of this title and was omitted
from the Code in view of the termination of the Indian Claims Commission
on Sept. 30, 1978. See Codification note set out under former section 70
et seq. of this title.
Short Title
Pub. L. 106-425, Sec. 1, Nov. 1, 2000, 114 Stat. 1890, provided
that: ``This Act [enacting this subchapter] may be cited as the `Santo
Domingo Pueblo Claims Settlement Act of 2000'.''
