What changed between these versions
A substantive revision to the land transfer process. v3 streamlines the transfer of land into trust for the 19 Pueblos by removing the prerequisite of Federal tenant relocation and adds a new section for the conveyance of buildings and a lease-back arrangement for existing Federal tenants. It also slightly narrows the gaming prohibition to allow Class I gaming.
Overview
Several substantive changes and one significant addition are present in v3. · The overall direction of v3 is a refinement and clarification of the land transfer process, with a significant new provision regarding existing structures and tenants, and a slight narrowing of the gaming prohibition.
The most significant change in v3 is the addition of a new subsection (h) detailing the conveyance of buildings and improvements on the land to the Indian Pueblo Cultural Center, along with a mandatory lease-back arrangement for existing Federal tenants. The bill also modifies the land transfer process by removing the prerequisite of tenant relocation for the initial administrative jurisdiction transfer and clarifies the gaming prohibition by allowing Class I gaming. Minor adjustments include updating the short title year, adding a definition for the Indian Pueblo Cultural Center, and refining survey documentation requirements.
Major additions
This new paragraph adds a definition for the 'Indian Pueblo Cultural Center' as the nonprofit organization wholly owned and operated by the 19 Pueblos (or any successor entity).
This definition is crucial as the Indian Pueblo Cultural Center is designated as the recipient of buildings and improvements in the newly added Section 2(h). It formalizes the entity responsible for managing the physical assets on the transferred land, providing clarity for future operations.
This new subsection mandates that the Secretary convey all ownership interests in buildings, structures, improvements, and appurtenances located on the Federal land to the Indian Pueblo Cultural Center, to own in fee. It also requires the Federal Government to enter into a lease with the Indian Pueblo Cultural Center for continued occupancy of Tract 2 by Federal tenants for an initial term not exceeding 24 months, with options for extension and early termination.
This addition provides a clear framework for the disposition of existing infrastructure on the transferred land and ensures continuity for current Federal occupants. It clarifies the operational aspects post-transfer, preventing potential disruptions and providing a structured transition period for Federal tenants, which was previously undefined.
Deletions
This subsection in v2 stipulated that the Federal land transferred into trust would be subject to a right-of-way easement on Tract 1 for purposes of retrieving or relocating Federal property from that Federal land to another location.
The deletion removes a specific operational requirement for an easement related to Federal property retrieval. While the new Section 2(h) addresses tenant relocation, the explicit easement for property retrieval is no longer mandated, potentially simplifying the land transfer process for the Pueblos by removing a specific encumbrance related to federal property.
In v2, the transfer of administrative jurisdiction and the taking of land into trust were contingent on 'the relocation of all Federal tenants' occurring not later than 90 days after enactment.
This deletion removes a significant prerequisite for the land transfer. In v2, the entire process would be delayed until all Federal tenants had relocated. In v3, the transfer of administrative jurisdiction and taking into trust can proceed within 90 days, with the new Section 2(h) providing a mechanism for continued Federal tenant occupancy via a lease. This significantly streamlines the initial transfer timeline for the Pueblos.
Modifications
No operative impact on the substance of the bill; it is a clerical update to reflect the expected year of enactment.
Before
The Act was cited as the 'Albuquerque Indian School Act of 2025'.
After
The Act is cited as the 'Albuquerque Indian School Act of 2026'.
This change significantly streamlines the initial transfer of administrative jurisdiction and the taking of land into trust by decoupling it from the physical relocation of Federal tenants. The Pueblos can gain trust status for the land sooner, while a new lease mechanism (Section 2(h)) manages tenant occupancy.
Before
Section 2(b) in v2 combined the transfer of administrative jurisdiction from GSA to the Secretary and the Secretary taking the land into trust for the 19 Pueblos, both contingent on 'the relocation of all Federal tenants' within 90 days of enactment.
After
V3 separates these into two distinct subsections: Section 2(b) for the GSA transfer of administrative jurisdiction (no longer contingent on tenant relocation) and Section 2(c) for the Secretary taking the land into trust, which occurs 90 days after the GSA transfer.
This change removes a specific physical detail from the land description. Its operative impact is minimal, likely a simplification of the legal description, especially given that Section 2(h) now explicitly addresses the conveyance of all buildings and improvements.
Before
The description of Tract 1 included the detail 'on which stands a 76,682 square foot warehouse'.
After
The description of Tract 1 removes the specific mention of the '76,682 square foot warehouse'.
This modification ensures that the Secretary receives comprehensive documentation, including all encumbrances, directly from GSA. This provides a clearer picture of the land's legal status and potential liabilities for the Pueblos and the Secretary, potentially facilitating smoother management post-transfer.
Before
Required the Secretary to obtain 'a survey of the land to be transferred into trust'.
After
Requires the Secretary to obtain 'a survey' and 'from the Administrator of General Services, a copy of all encumbrances on that land'.
This modification ensures broader and more comprehensive public and official record-keeping of the land transfer and its associated encumbrances. Recording with the Bureau of Indian Affairs' Land Titles and Records Office is standard for trust land and provides an additional layer of official documentation, benefiting the Pueblos by ensuring proper federal recognition of the trust status and any associated conditions.
Before
Required the survey to be recorded in the public records of the County Clerk Office of Bernalillo County, New Mexico.
After
Requires the survey and 'all applicable transfer documents, including copies of all encumbrances' to be recorded in both the Bernalillo County Clerk Office AND 'the appropriate Land Titles and Records Office of the Bureau of Indian Affairs'.
This change broadens the applicability of Federal laws to the trust land, removing the specific geographic limitation to 'the State of New Mexico'. While the land is in New Mexico, this phrasing ensures that all relevant federal laws pertaining to Indian trust land generally apply, without potential misinterpretation of state-specific limitations. The practical impact is likely minimal given the land's location but ensures consistency with broader federal Indian law.
Before
Stated the land would be 'subject to Federal laws applicable to Indian trust land in the State of New Mexico'.
After
States the land will be 'subject to Federal laws applicable to Indian trust land'.
This modification removes Class I gaming from the prohibition. Class I gaming typically includes social games played solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as part of tribal ceremonies or celebrations. This change allows the 19 Pueblos to conduct Class I gaming on the trust land, which was previously prohibited, offering a minor expansion of permissible activities.
Before
Prohibited 'Class I gaming, class II gaming, and class III gaming' on the transferred land.
After
Prohibits 'any class II gaming or class III gaming' on the transferred land.
Scope
Meaningful expansion or narrowing — Changes are concentrated within Section 2, which outlines the core land transfer and related provisions. — V3 represents a refinement of the land transfer process and a clarification of the disposition of existing structures and tenant occupancy, rather than a fundamental shift in the overall policy direction of transferring land into trust. The gaming prohibition is slightly narrowed. — The addition of Section 2(h) significantly interacts with the timing and conditions of the land transfer in Section 2(b) and (c), by providing a mechanism for tenant occupancy that removes the previous relocation prerequisite. The new definition in 2(a)(2) directly supports 2(h).
Impact analysis
The 19 Pueblos
Positive (streamlined process, asset ownership, expanded permissible activities).
The land transfer process is streamlined, removing the prerequisite of Federal tenant relocation for the initial administrative jurisdiction transfer. They also gain clear ownership of buildings and improvements on the land, subject to a lease-back arrangement for existing Federal tenants. The scope of gaming prohibition is narrowed, allowing Class I gaming.
Federal tenants currently occupying Tract 2 of the Federal land
Positive (guaranteed transition period, clear terms for occupancy).
Instead of being required to relocate before the land is transferred into trust, they are now guaranteed continued occupancy via a lease agreement with the Indian Pueblo Cultural Center for an initial term of up to 24 months, with options for extension and early termination.
Administrator of General Services (GSA) and Secretary of the Interior
Procedural (increased documentation and coordination responsibilities).
The GSA is now explicitly required to provide copies of all encumbrances on the land to the Secretary. The Secretary is required to record these documents with the Bureau of Indian Affairs' Land Titles and Records Office, in addition to the county office. The GSA is also involved in the lease agreement for federal tenants.