Compromise on Pueblo land claim bill reached

MONDAY, OCTOBER 7, 2002

With just a few days left in the Congressional session, New Mexico's senators and the Pueblo of Sandia announced a final agreement on a bill to settle the tribe's outstanding land claim.

Sens. Pete Domenici (R) and Jeff Bingaman (D) on Saturday said the deal paves the way for President Bush's signature. The two are co-sponsors of a measure to resolve the status of 10,000 acres of land in the Sandia Mountains.

"I think this legislation can pass the Senate and House, and prevent the kind of protracted legal wrangling that would be in store without this compromise," Domenici said on Saturday.

"We don't have many days left in the legislative session, but we have enough time for Congress to act on this bill and get it to the president," Bingaman added.

Pueblo Gov. Stuwart Paisano was equally pleased with the arrangement. He was pressing the New Mexico delegation on a number of issues he said were critical to the protection of the tribe's most sacred area.

"This is a great day for our people," he said. "Today's agreement gives us comfort that our sacred mountain, cherished by generations past and present, will be protected for the future."

The bill affects a long-running and bitter dispute over land the tribe believes was wrongly excluded from its reservation by a late 19th century survey. A legal opinion issued during the last full day of the Clinton administration in January 2001 confirmed that view.

But a settlement between the tribe and the federal agencies involved -- the Department of Agriculture manages most of land -- was threatened by local opposition. A group of private landowners and a county government didn't support the deal at first, leading Domenici to oppose it.

That changed earlier this year when the parties came together and resolved most of their differences. A hearing in April brought the tribe, conservationists, a private company, landowners and local officials together to support the creation of an area safe from future development.

In exchange, the tribe gives up its claim to the land. However, the Pueblo retains veto authority over new uses, a codified right to consultation and civil and criminal jurisdiction over Indians in the the T'uf Shur Bien Preservation Trust Area. The name means Green Reed Mountain in the Tiwa language.

The deal announced on Saturday affects hunting and trapping by tribal members. The bill requires the Pueblo to abide by regulations similar to those contained in New Mexico law.

Another provision applies to potential land exchanges in the future. The bill directs the Department of Interior to offer a swap of non-wilderness national forest land.

The Pueblo recently bought a key parcel of land that can be brought into trust under provisions in the bill. The asking price for the 160 acres was $2.8 million, according to a September report in The Albuquerque Journal.

The bill has to be routed to the Senate Indian Affairs Committee for endorsement. Domenici and Bingaman said they expect the Senate and House to approve it.

If the bill is not passed by November, the federal settlement kicks in. The Interior is required to resurvey the boundaries of the Pueblo under the terms of the agreement.

Solicitor Bill Myers, a Bush appointee, said he would move forward on the issue if required.

Get the Bill:
The T'uf Shur Bien Preservation Trust Area Act (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