16 U.S.C. § 539m–8: Extinguishment of claims

Summary

All Pueblo claims to land, property interests, and related claims (like boundary, survey, trespass, and money damages) inside the Area are permanently ended, except for the specific rights kept in sections 539m–2, 539m–3, 539m–5, 539m–6, and 539m–7. That ending also applies to claims to subdivisions (except land the Pueblo owned in fee on February 20, 2003) and to land covered by any special use permit or where the crest facilities sit. The Pueblo agreed to give up those claims in the Settlement Agreement. The law says that recognizing the Pueblo’s rights in sections 539m through 539m–12 is the payment for that agreement and for the right-of-way grants in section 539m–7. Congress intends that those recognized rights can only be reduced by another Act of Congress that specifically names sections 539m through 539m–12.

Title 16, §539m–8

Conservation, Source: USLM XML via OLRC

(a)In general

Except for the rights and interests in and to the Area specifically recognized in section 539m–2, 539m–3, 539m–5, 539m–6, and 539m–7 of this title, all Pueblo claims to right, title and interest of any kind, including aboriginal claims, in and to land within the Area, any part thereof, and property interests therein, as well as related boundary, survey, trespass, and monetary damage claims, are permanently extinguished. The United States’ title to the Area is confirmed.

(b)Subdivisions

Any Pueblo claims to right, title and interest of any kind, including aboriginal claims, in and to the subdivisions and property interests therein (except for land owned in fee by the Pueblo as of February 20, 2003), as well as related boundary, survey, trespass, and monetary damage claims, are permanently extinguished.

(c)Special use and crest facilities areas

Any Pueblo right, title and interest of any kind, including aboriginal claims, and related boundary, survey, trespass, and monetary damage claims, are permanently extinguished in and to—

(1)the land described in the special use permit; and

(2)the land on which the crest facilities are located.

(d)Pueblo agreement

As provided in the Settlement Agreement, the Pueblo has agreed to the relinquishment and extinguishment of those claims, rights, titles and interests extinguished pursuant to subsection (a), (b), and (c).

(e)Consideration

The recognition of the Pueblo’s rights and interests in sections 539m to 539m–12 of this title constitutes adequate consideration for the Pueblo’s agreement to the extinguishment of the Pueblo’s claims in this section and the right-of-way grants contained in section 539m–7 of this title, and it is the intent of Congress that those rights and interests may only be diminished by a future Act of Congress specifically authorizing diminishment of such rights, with express reference to sections 539m to 539m–12 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsec. (e), was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see

Short Title

note set out under section 539m of this title and Tables.

§539m–8 Extinguishment of Claims