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JANUARY 23, 2001

In one of his last official actions as Secretary of Interior, Bruce Babbitt on late Friday approved a legal opinion which calls for the eastern boundary of Sandia Pueblo to be corrected in favor of the New Mexico tribe.

The decision supports the Pueblo's long-held claim to about 10,000 acres of land in the Sandia Mountains. But like a host of other 11th hour decisions of the Clinton administration which are being reviewed, delayed, or overturned altogether by President George W. Bush, it might be some time before the Pueblo actually prevails.

In his opinion, John Leshy, the outgoing solicitor for the Department of Interior, concludes the Pueblo's eastern boundary should lie at the crest of the Sandia Mountains. He rejected competing claims which would exclude lands considered sacred by the Pueblo.

Still, the Pueblo's boundaries won't be changing just yet. Since a settlement on the issue has already been proposed, the Interior won't conduct a resurvey because it could lead to more litigation.

"Because we would much rather see the settlement put in effect through legislation, than to conduct a resurvey and face the prospect of many more years of what could be increasingly bitter and expensive litigation, the Department of Interior will not conduct the resurvey the opinion calls for until further notice," wrote Babbitt in a letter to Senator Pete Domenici (R-N.Mex).

Domenici, who has raised the possibility of litigation and "corrective legislation" should the Interior conduct the resurvey, on Monday said he was still reviewing the opinion. But he said it gives more time for parties affected by the claim to come to an agreement.

"I have always advocated that all the affected parties should work together to resolve this situation," said Domenici. "I am disappointed more time wasn't taken to thoroughly review the issues associated with the Pueblo's claims. More public comment time was needed so more people could speak out on the ramifications of such a ruling."

Domenici had asked President Bill Clinton earlier this month to delay a possible resurvey after the Department rejected his request for an extension of public comments on it. Since the claim area includes land now designated as a national forest as well as a wilderness area he helped create, Domenici has expressed concerns about potential changes which could affect the public.

For now, the public won't see any differences as the US Forest Service will continue to manage the area until further action on the proposed settlement. But Domenici also opposes the settlement because it leaves out the County of Bernalillo and the Sandia Mountain Coalition, a group of private landowners.

Bernalillo County Attorney Tito Chavez on Monday said the County is also reviewing the opinion and he couldn't comment on their behalf. He did, however, express disagreements with it on several areas but like Domenici, he welcomed the possibility of continued negotiations.

"Certainly we want to pursue any settlement options," said Chavez. "I would look forward to some guidance from the Congressional delegation on what they might suggest at this point."

The settlement negotiated by the Pueblo, the Interior, the Department of Agriculture, and a commercial company expires in November 2002 so it requires Congressional approval to become permanent. It calls for the land to remain under US Forest Service control but gives the Pueblo veto power over future uses of the area.

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

Relevant Links:
Sandia Pueblo - www.sandiapueblo.nsn.us
Bernalillo County - www.bernco.gov
Senator Pete Domenici - www.senate.gov/~domenici

Related Stories:
Clinton asked to delay Sandia Mountain decision (Tribal Law 01/09)
Pueblo continues Sandia Mountain fight (Tribal Law 12/13)
Domenici: Pueblo shouldn't own Mountain (Tribal Law 12/12)
Interior seeks comments on Pueblo resurvey (Tribal Law 12/12)
Landowners thrown out of Pueblo claim (Tribal Law 11/20)