Pueblo land claim approaches settlement

THURSDAY, AUGUST 1, 2002

Legislation to settle a long-standing New Mexico tribal land dispute cleared a key Senate committee on Wednesday, and its chief sponsors hoped for final passage this year.

The Senate Energy and Natural Committee approved the bill, which was introduced by chairman Sen. Jeff Bingaman (D-N.M.) and is supported by Sen. Pete Domenici (R-N.M.), a panel member. Domenici had been a critic but softened his opposition after a hearing earlier this year.

"Senator Bingaman and I have worked to listen carefully to concerns raised in some form by practically all groups and interested parties," Domenici said yesterday in a statement. "I believe we have crafted a fair resolution to a matter that could have been tied up in the court system for decades."

The legislation settles Sandia Pueblo's claim to 10,000 acres in the Sandia Mountains, which are considered sacred and used for ceremonial, hunting and other purposes. The tribe believes the area was wrongfully from its reservation when Congress confirmed an 1858 land survey.

The view was supported in a Department of Interior legal opinion issued at the end of the Clinton administration. In January 2001, then-Solicitor John Leshy said the Pueblo's eastern boundary should be redrawn to include the missing land -- unless Congress acts to ratify a settlement struck by the tribe, the federal government and other parties.

That deal terminates the tribe's rights to the west face of the mountains in exchange for numerous concessions. The T'uf Shur Bien Preservation Trust Area, which means "Green Reed Mountain" in the Tiwa language, would be established for religious and cultural purposes.

The tribe has veto authority over new development, a codified right to consultation and "authority" in the area over Pueblo members and members of other tribes that use the land. Authority is defined as civil and criminal jurisdiction, which is also shared with the federal government.

The tribe's civil authority extends to hunting and trapping in the area. The state would retain jurisdiction for non-Indians under its applicable laws, according to the legislation.

The bill provides for a tract of land owned by the Pueblo to be acquired in trust and a provision for future transfers. One prized area, however, is being held tightly by its owner, who said at an April hearing he would not sell. This tract is currently excluded from the Trust Area, which despite its name will not be held in trust.

In addition to the Pueblo, two neighboring counties are granted veto authority over new uses.

With the agreement set to expire this November, Congress would need to move quickly. The Senate Indian Affairs Committee still needs to consider the bill.

Sandia Pueblo Gov. Stuwart Paisano has said the tribe will seek legal enforcement of the favorable opinion if the conflict isn't resolved. The tribe has sought additional changes to the bill but Bingaman and Domenici said they don't expect to approve them.

Get the Bill:
A bill to establish the T'uf Shur Bien Preservation Trust Area within the Cibola National Forest in the State of New Mexico to resolve a land claim involving the Sandia Mountain Wilderness, and for other purposes (S.2018)

Related Solicitor Opinons:
Tarr Opinion (December 9, 1988) | Tarr Opinion Reconsidered (December 5, 2000) | Eastern Boundary of Sandia Pueblo (January 19, 2001)

Related Decisions:
Sandia v. Babbitt (December 1996) | Sandia v. Babbitt (July 1998) | Pueblo of Sandia v. Babbitt (November 2000)

Relevant Links:
Sandia Pueblo - http://www.sandiapueblo.nsn.us