Interior Department Signs Settlement Agreement Recognizing Jemez Pueblo’s Rights to Occupy and Use Banco Bonito in the Valles Caldera National Preserve for Traditional Cultural and Religious Purposes
October 22, 2024 – WASHINGTON – A filing in the U.S. Court of Appeals for the Tenth Circuit on Monday requests that the Court take steps to close out litigation and give effect to the settlement agreement signed by Secretary of the Interior Deb Haaland and the Jemez Pueblo, which in part recognizes the Jemez Pueblo’s rights to occupy and use Banco Bonito in the Valles Caldera National Preserve (in New Mexico) for traditional cultural and religious purposes. Banco Bonito constitutes approximately 3,035 acres within the 88,900-acre Preserve.
“Since time immemorial, our nation’s lands have been central to the cultural and spiritual practices of Indigenous peoples. It is essential that wherever we can, we allow the original stewards of these lands to live and worship in these places,” said Secretary Deb Haaland. “Today’s filing and settlement are part of our sustained effort to engage Tribal Nations in collaborations through co-stewardship to recognize the role that Indigenous peoples should have in managing the public lands that rest on their ancestral homelands.”
In 2012, Jemez Pueblo sued the United States to assert aboriginal title claims to all lands within Valles Caldera National Preserve. Jemez Pueblo asked the court to declare that it had legal title and the exclusive right to use, occupy and possess those lands. After an initial decision adverse to Jemez was reversed on appeal, the federal district court held a 21-day trial and ruled that Jemez Pueblo failed to establish aboriginal title to any of the lands in Valles Caldera. Jemez Pueblo appealed again, narrowing its claims to four discrete sub-areas, including Banco Bonito. Jemez Pueblo’s claim was supported by amicus briefs filed on behalf of 15 other Pueblos and the Zuni Tribe.
On March 22, 2023, the Tenth Circuit reversed the district court’s decision regarding Banco Bonito, holding that Jemez established continuing aboriginal title to that area within the Preserve. The Tenth Circuit otherwise affirmed the lower court’s findings.
The Department and Jemez Pueblo have signed a settlement agreement that recognizes Banco Bonito will remain part of the Preserve and NPS will continue to manage it consistent with the Preserve Act while also recognizing Jemez’s rights to occupy and use Banco Bonito for traditional cultural and religious purposes. The settlement also requires NPS to amend the Preserve’s foundation documents and take other actions to reflect the centrality of Jemez’s and other Tribe’s interests in the Preserve. Other Tribes and the general public will continue to have access to the area for activities consistent with the Preserve Act.
Under the Biden-Harris administration, the Department of the Interior has taken new steps to strengthen the nation-to-nation relationship with Tribal Nations, including increasing Tribal co-stewardship of lands and waters and incorporating Indigenous Knowledge into the Department’s work to preserve and protect sacred sites across the country. Among other actions, Joint Secretary's Order 3403 (S.O. 3403) commits to Tribal and federal co-stewardship of federal lands, waters and wildlife, including through collaborative and cooperative agreements with Tribal Nations.
Source: DOI
