Free Motion to Supplement the Administrative Record - District Court of Federal Claims - federal

Case 1:76-cv-03540-BAF

Document 195

Filed 11/07/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ___________________________________ PUEBLO OF SAN ILDEFONSO, ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) Defendant. ) ___________________________________ )

Docket No. 354 Judge Bohdan A. Futey

JOINT MOTION TO SUPPLEMENT THE RECORD Plaintiff Pueblo de San Ildefonso and Defendant United States jointly move the Court to supplement the record in this case. As grounds for the motion, the Parties state: 1. The Parties settled this case on the basis of a Settlement Agreement approved by the Pueblo in 2004 and signed by the Parties in 2005. 2. The Settlement Agreement required legislation authorizing the United States Forest Service to sell to the Pueblo certain lands within the Pueblo's aboriginal boundaries, on terms described in the Settlement Agreement. 3. Public Law 109-286, enacted September 27, 2006, "Pueblo de San Ildefonso Claims Settlement Act of 2005" contains the terms of approval by the legislative branch for the settlement of this case. 4. Senate Report 109-252 provides a background of this case, as well as copies of the Settlement Agreement between the United States and the Pueblo de San Ildefonso including attachments of Tribal Council Resolution No. SI-R04-009 "Approving Settlement of Pueblo of San Ildefonso v. U.S., Docket No. 354", and the Los Alamos Agreement between the County of Los Alamos, Pueblo de San Ildefonso, USDA Forest Service, and the U.S. Department of the Interior Bureau of Indian Affairs. The Senate Report provides the legislative history for Public Law 109-286 and is evidence of the intent of Congress in passing the legislation. 5. House Report 109-633 is also part of the Legislative History.

6. The Court hearing set for November 8, 2006 allows the Parties to file the Stipulation for Entry of Final Judgment. That Stipulation is Attachment A to the Settlement Agreement. 7. The legislative documents from the Pueblo Tribal Council and the Congress of the United States attached to this Motion may help the Court better understand the overall scope of

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Case 1:76-cv-03540-BAF

Document 195

Filed 11/07/2006

Page 2 of 2

the Settlement which will conclude this matter, the last remaining case filed pursuant to the Indian Claims Commission Act of 1946. Wherefore, the Parties ask the Court to supplement the record by including the following documents attached to this Motion as part of the Court file for this matter: 1. 2. 3. Public Law 109-286; Senate Report 109-252; and House Report 109-633.

Respectfully Submitted,

Dated: __________________

s/ Peter C. Chestnut________________ Peter C. Chestnut Attorneys for Plaintiff CHESTNUT LAW OFFICES 121 Tijeras Avenue NE, Suite 2001 Post Office Box 27190 Albuquerque, New Mexico 87125 (505) 842-5864 Fax (505) 843-9249

Dated: __________________

s/ Daniel G. Steele__________________ Daniel G. Steele Attorney for Defendant U.S. DEPARTMENT OF JUSTICE ENVIRONMENT AND NATURAL RESOURCES DIVISION GENERAL LITIGATION SECTION U.S. DEPARTMENT OF JUSTICE 601 D St. NW, Room 3122 Washington, DC 20004 (202) 305-0484 Fax (202) 305-0482

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