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S. 2465 (113th): Albuquerque Indian School Land Transfer Act

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The text of the bill below is as of Aug 26, 2014 (Reported by Senate Committee). The bill was not enacted into law.

II

Calendar No. 543

113th CONGRESS

2d Session

S. 2465

IN THE SENATE OF THE UNITED STATES

June 11, 2014

(for himself and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

August 26, 2014

Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014, by , with amendments

Omit the part struck through and insert the part printed in italic

A BILL

To require the Secretary of the Interior to take into trust 4 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico.

1.

Short title

This Act may be cited as the Albuquerque Indian School Land Transfer Act .

2.

Definitions

In this Act:

(1)

19 Pueblos

The term 19 Pueblos means the New Mexico Indian Pueblos of—

(A)

Acoma;

(B)

Cochiti;

(C)

Isleta;

(D)

Jemez;

(E)

Laguna;

(F)

Nambe;

(G)

Ohkay Owingeh (San Juan);

(H)

Picuris;

(I)

Pojoaque;

(J)

San Felipe;

(K)

San Ildefonso;

(L)

Sandia;

(M)

Santa Ana;

(N)

Santa Clara;

(O)

Santo Domingo;

(P)

Taos;

(Q)

Tesuque;

(R)

Zia; and

(S)

Zuni.

(2)

Map

The term map means the map entitled Bureau of Indian Affairs—Southwest Region Division of Land Titles Records: BLM Surveys Within Town of Albuquerque Grant—Albuquerque Indian School and dated August 7, 2013.

(2)

Map

The term map means the map entitled The Town of Albuquerque Grant, Bernalillo County, within Township 10 North, Range 3 East, of the New Mexico Principal Meridian, New Mexico—Metes and Bounds Survey and dated August 12, 2011.

(3)

Secretary

The term Secretary means Secretary of the Interior.

3.

Land taken into trust for benefit of 19 Pueblos

(a)

Action by Secretary

(1)

In general

The Secretary shall take into trust all right, title, and interest of the United States in and to the Federal land described in subsection (b) for the benefit of the 19 Pueblos immediately after the Secretary determines that the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) have been satisfied regarding the trust acquisition of the Federal land.

(2)

Administration

The Secretary shall—

(A)

take such action as the Secretary determines to be necessary to document the transfer under paragraph (1); and

(B)

appropriately assign each applicable private and municipal utility and service right or agreement.

(b)

Description of land

The Federal land referred to in subsection (a)(1) is the 4 tracts of Federal land, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School, more particularly described as follows:

(1)

Abandoned Indian School Road

The approximately 0.83 acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map.

(2)

Southern part tract D

The approximately 6.18 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map.

(3)

Tract 1

The approximately 0.41 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map.

(4)

Western part tract B

The approximately 3.69 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, Mexico, as identified on the map.

(c)

Survey

The Secretary shall conduct a survey of the Federal land to be transferred consistent with subsection (b) and may make minor corrections to the survey and legal description of the Federal land described in subsection (b) as the Secretary determines to be necessary to correct clerical, typographical, and surveying errors.

(d)

Use of land

The Federal land taken into trust under subsection (a) shall be used for the educational, health, cultural, business, and economic development of the 19 Pueblos.

(e)

Limitations and conditions

The Federal land taken into trust under subsection (a) shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of enactment of this Act.

(f)

Bureau of Indian Affairs use

(1)

In general

The 19 Pueblos shall allow the Bureau of Indian Affairs to continue to use the land taken into trust under subsection (a) for the facilities and purposes as in existence on the date of enactment of this Act, in accordance with paragraph (2).

(2)

Requirements

The use by the Bureau of Indian Affairs under paragraph (1) shall—

(A)

be free of any rental charge; and

(B)

continue until such time as the Secretary determines there is no further need for the existing Bureau of Indian Affairs facilities.

4.

Effect of other laws

(a)

In general

Subject to subsection (b), Federal land taken into trust under section 3(a) shall be subject to Federal laws relating to Indian land.

(b)

Gaming

No class I gaming, class II gaming, or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )) shall be carried out on the Federal land taken into trust under section 3(a).

August 26, 2014

Reported with amendments