WASHINGTON, D.C. – A filing in the U.S. Court of Appeals for the Tenth Circuit 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 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,” said Secretary Deb Haaland. “It is essential that wherever we can, we allow the original stewards of these lands to live and worship in these places. 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 the National Park Service (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.