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THURSDAY, APRIL 25, 2002

After nearly two decades of legal wrangling, all parties in a dispute over the Sandia Mountains in New Mexico agreed on Wednesday that the issue needed resolution.

Private landowners have been "bled dry." Federal officials have spent an extraordinary amount of time on the claim. The lawsuit has survived appeals and more appeals.

And the Pueblo of Sandia has been fighting years to see one of its most sacred sites protected forever. "We simply cannot abandon our deeply-held beliefs of shirk our sacred responsibilities to generations past and generations to come," said Pueblo Gov. Stuwart Paisano.

Now, it's just up to Congress to act on a bill the tribe, the Bush administration, homeowners, a local county, the tourism industry and environmentalists want to see passed. While each had suggestions to improve the bill, all the witnesses who testified before a joint hearing of the Senate Indian Affairs Committee and the Energy and Natural Resources Committee said they generally supported the measure.

Yet as is often the case, the devil is in the details. Resolving access, use, management and control over 10,000 acres of what is now a Congressionally-protected wilderness area will be difficult, everyone acknowledged.

"These giants -- the United States and the Pueblo -- both want ownership," summed up Sen. Pete Domenici (R-N.M.), a chief critic of the existing legislation.

But with the threat of more litigation, Domenici and other lawmakers promised to work towards a solution amenable to all. Sen. Jeff Bingaman (D-N.M.), chairman of the energy panel, introduced the bill in March.

"There's no easy solution," he said during the three-hour hearing.

As part of the bill, the Pueblo would give up its claim to the west face of the mountains. The T'uf Shur Bien Preservation Trust Area, which means "Green Reed Mountain" in the Tiwa language, would be established for tribal members to use for religious and cultural purposes.

One key point on which all parties agree is restrictions on future development. The area is a prime area for wildlife and recreation.

Other parts, however, are in dispute. They include:

Veto power over all future uses by the Pueblo. Domenici, Bernalillo County, and landowners expressed doubts, with Domenici saying it would pave the way for unprecedented tribal control nationwide. The tribe and environmentalists strongly support added power in case federal policy towards forests changes. Bush officials said there are existing cases where tribes and the government manage land jointly.

Veto power by Bernalillo and Sandoval counties. The tribe and environmentalists oppose this power, citing the fact that Bernalillo dropped out of settlement talks.

Civil, criminal jurisdiction. The bill would not grant the Pueblo any authority. But tribal members would be allowed to hunt for traditional purposes under their own regulations not the state. Domenici questioned this provision.

The definition of "trust." The landowners want concrete language stating that "trust" in the act doesn't mean any land will be held in trust for the tribe.

Domenici told the parties not to be shy about their wish-list, including possible payment of legal fees. Sen. Daniel Inouye (D-Hawaii) asked amendments and other comments be submitted by the second week of May so the committees can move forward.

Congress has to approve the bill by November of this year or else the existing settlement between the Pueblo, the Department of Interior, the Department of Agriculture and a tramway company will expire. An Interior legal opinion would then kick in and the tribe would want it enforced, said Paisano.

Today on Indianz.Com:
Clinton-era land claim opinion disputed (4/25)

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 Documents:
Written Witness Testimony (4/24)

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