Landowners thrown out of Pueblo claim

NOVEMBER 20, 2000

Proclaiming it to be a "great day," Sandia Pueblo officials on Friday welcomed a federal court ruling which cleared the last legal obstacle in their claim for the Sandia Mountains of New Mexico.

"This is an emotional day for us, because this decision brings this long controversy closer to the final result," said Sandia Pueblo Governor Stuwart Paisano in a prepared statement.

A group of private landowners and the county of Bernalillo had attempted to intervene in a decision favoring the Pueblo. But on Friday, the Circuit Court of Appeals in the District of Columbia dismissed their appeal.

The court also agreed to let the Department of Interior and the Department of Agriculture withdraw their own appeal. So with the landowners and county out of the way, the two Departments and the Pueblo are now hoping to come to an agreement over the reservation's boundaries.

The Pueblo has been arguing all along that Congress erred in 1858 by removing about 10,000 acres from their reservation. They met resistance from the Interior, however, who didn't want to reconsider the boundaries.

A lower court said the Interior had to address the issue, however. The Department of Agriculture is involved because the land claim affects the Cibola National Forest.

A settlement over the land was proposed in April, but objections had been raised, primarily by the county and landowners. Under that agreement, the Pueblo agreed to give up its claim to the land in exchange for access to the area. They also wanted to approve any development proposed for the area.

Whether or not those conditions are still agreeable to all the parties is not yet known, but all have indicated that a settlement is near. Any agreement proposed has to be approved by Congress.

In addition to dismissing the landowners and the county, the court on Friday said that if the Interior chooses to redraw the Pueblo's boundaries, they have the option of soliciting public comments about the issue. Also, they have to commission a new survey to determine where the boundaries would lie.

Get the Decision:
Pueblo of Sandia v. Babbitt (DC Cir No 98-5428 / 5451. November 2000)

Read Gov. Paisano's Statement:
Statement of Governor Stuwart Paisano, Sandia Pueblo Federal Appeals Court Dismisses Sandia Mountain Case (Sandia Pueblo 11/17)

View a map of the Area:
Sandia Pueblo Claim Area (Sandia Pueblo)

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