The 10th U.S. Circuit Court of appeals has granted the Jemez Pueblo traditional access to the Banco Bonito area of Valles Caldera National Preserve/NPS file
The U.S. Department of the Interior and the Jemez Pueblo have finalized a settlement that officially recognizes the tribe’s rights to occupy and use Banco Bonito, a significant portion of Valles Caldera National Preserve in New Mexico, for traditional cultural and religious purposes.
The settlement, which was announced today, marks a big step forward in the long-running legal battle between the federal government and the Jemez Pueblo over the ownership and use of lands within the preserve. The agreement comes after years of litigation and a recent court ruling in favor of the tribe.
For a decade, the Jemez Pueblo has been fighting to maintain its ancestral rights to the Banco Bonito area within Valles Caldera National Preserve. The tribe argued that it had a continuing aboriginal claim to the land, despite a 19th-century law that granted ownership to private parties. After several legal battles, the 10th Circuit Court of Appeals finally ruled in favor of the Jemez Pueblo, recognizing the tribe’s historic and cultural connection to the land and affirming its right to use, occupy, and possess the area.
(For more on the history of the legal fight, and the legal significance of an “aboriginal claim” see this article from The Traveler from March, 2023)
“This settlement is a testament to our commitment to honoring the sovereign rights of Tribal Nations and ensuring that they have a meaningful role in managing the lands that are sacred to them,” said Secretary of the Interior Deb Haaland. “We believe that this agreement will help to strengthen the relationship between the federal government and the Jemez Pueblo and will allow the tribe to continue to practice their traditional ways of life.”
Under the terms of the settlement, the Jemez Pueblo will have the right to occupy and use Banco Bonito for traditional cultural and religious purposes. The federal government will continue to manage the preserve, but it will also take steps to ensure that the tribe’s interests are protected.
The settlement is part of a broader effort by the Biden-Harris administration to strengthen the nation-to-nation relationship with Tribal Nations. In recent years, the administration has taken a number of steps to increase Tribal co-stewardship of federal lands and waters and to incorporate Indigenous knowledge into federal decision-making.
The ruling seemingly opens the door for tribes elsewhere in the United States to regain access to their traditional homelands.
