Ralph W. Tarr

Publication Date



33 p. ; Opinion issued by Solicitor Leshy regarding the eastern boundary of the Sandia Pueblo.


"'The Pueblo claims that approximately 10,000 acres of land were incorrectly excluded from a patent issued to the Pueblo by the United States in 1864 because the surveyor erred in not including all of the land originally granted the Pueblo by the Spanish in 1748. The major portion of the land claimed is managed by the United States Forest Service as parts of the Cibola National Forest and the Sandia Mountain Wilderness. The claimed area includes 665 acres of private inholdings (the ""inholdings"", the ""private inholders"", or the ""inholders""), as well as the Juan Tabo Recreation Area. The Pueblo requests that the Secretary recognize that an error was made in the survey, order a resurvey and issue a corrected patent encompassing the additional acreage claimed (the ""claimed area""). The Pueblo has indicated that it does not seek to divest the private inholders of their title and would not seek to assert civil or criminal jurisdiction over the inholders or the private lands. We conclude that the Pueblo\'s claim is without merit and that the Secretary has no authority to take the type of action requested by the Pueblo.'"



Document Type

Court Filing



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