Colonization establishes the right of tribes to use part of a national reserve for their cultural practices

ALBUQUERQUE, N.M. (AP) — A settlement reached by the U.S. government and a New Mexico Native American tribe marks the end of what has been a years-long legal battle over claims to the Valles Caldera National Preserve.

Government lawyers, in a filing Friday, asked a federal appeals court to end the dispute with Jemez Pueblo in light of a settlement reached after more than a year of negotiation. The case began in 2012 when the pueblo asserted its claims to the entire reservation, which spans nearly 140 square miles (363 square kilometers).

The agreement signed by U.S. Interior Secretary Deb Haaland recognizes in part the pueblo’s rights to occupy and use an area of ​​nearly 13 square kilometers (5 square miles) for traditional cultural and religious purposes. This follows a 2023 court ruling that recognized the pueblo’s title to what is known as the Banco Bonito area.

Haaland, a member of New Mexico’s Laguna Pueblo and the nation’s first Native American cabinet secretary, said in a statement that the nation’s lands have been central to the cultural and spiritual practices of indigenous peoples for generations.

“It is critical that wherever we can, we allow the original stewards of these lands to live and worship in these places,” she said, adding that the federal government is working with tribes to find more opportunities for co-stewardship of public lands. which include ancestral lands.

At Jemez Pueblo, nestled among the red canyons and mountains northwest of Albuquerque, there was excitement about the settlement and optimism about what it would mean for the tribe’s relationship with the federal land managers as they care for this special parcel of forest land.

It’s monumental as attorney Randolph Barnhouse described it, noting that it’s the first time a tribe has successfully litigated before the U.S. court system and won a case where they established they had Aboriginal property rights – or rights to occupy and use land as pueblo property. the ancestors did it.

“The beauty of this agreement is the willingness of the United States government to work with the tribe to help define how this will work in the future,” said Barnhouse, who represents the pueblo. “I think it’s a great example. This shows that the public will still retain its rights to use these lands, but that the pueblo will also have the ability – in conjunction with the government – ​​to exercise joint management of these lands.

Jemez Pueblo had argued that its native property rights were never extinguished despite a lower court ruling in 2019 that the government held clear title to the reservation. Following an appeal and subsequent trial, the pueblo chose to limit its claims to four specific areas within the boundaries of Valles Caldera.

The 2023 decision by the 10th U.S. Circuit Court of Appeals recognized the pueblo’s title to Banco Bonito, but rejected claims to other areas.

Jemez Pueblo considers Valles Caldera a spiritual sanctuary and part of its traditional homeland. It’s home to vast grasslands, remnants of a massive volcanic eruption, and one of New Mexico’s most famous elk herds.

The court filing indicates that for more than 800 years, many tribes and pueblos have used Valles Caldera for hunting, gathering and various cultural and religious practices. Redondo Peak, the highest mountain in the caldera, is a site long used for religious pilgrimages and is home to several shrines.

While tribal officials have described Valles Caldera as a spiritual mother, many court documents have been redacted, seeking to keep details about traditions and culturally significant locations secret.

— By SUSAN MONTOYA BRYAN Associated Press