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| Wilson & Domenici Strongly Protest Possible Justice Department Deal on Sandia Mountain Land Claim |
April 04, 2000 |
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Dear Attorney General Janet Reno:
We are writing to express our grave concern with reports we have received that the United States Department of Justice plans to sign a settlement agreement with the Pueblo of Sandia in the matter of Pueblo of Sandia v. Bruce H. Babbitt, et al. Civ. No. 1:94CV02524, in the United States District Court for the District of Columbia. It is our understanding that a number of parties to the dispute have not agreed to any settlement. As long as the majority of our impacted constituents do not support the agreement, we cannot support it.
On September 9, 1998, we mailed you a letter strongly urging you to appeal the late Judge Harold H. Greene`s decision. To date, we have received no response from your office. In our letter, we explained that Greene`s decision placed in doubt hundreds of Albuquerque homeowners` property rights and the public`s traditional access to the popular area. Additionally, we explained that the decision usurps Congress` authority to designate forest, wilderness and Pueblo boundaries.
September 15, 1998, the United States Department of Justice filed a Notice of Appeal with the Court. In a press release announcing the Notice, your Department explained that it was "exploring the possibility of non-litigation solutions to the many issues and concerns raised by the Pueblo`s land claim. These Departments [Justice, Interior, and Agriculture] have sought and will continue to seek input from affected land owners, the public and state and local government. "It was our understanding that this action was intended to reserve your Department`s right to appeal the decision pending mediation between the federal government, the Pueblo, the Sandia Peak Tram Company, the County of Bernalillo, the City of Albuquerque and the Sandia Mountain Coalition. We applaud your efforts to be
all-inclusive in settling this dispute.
As you know, the mediation failed in August 1999. We understand, however, that the New Mexico appellants to the matter are proceeding with the litigation. The U.S. Court of Appeals for the D.C. Circuit directed the Clerk of the Court to establish a briefing schedule for this matter on December 21, 1999. The briefing schedule was released on March 7, 2000. The parties have until May 1, 2000 to file their briefs. Oral arguments are scheduled to be heard on September 29, 2000.
Accordingly, news of a "settlement agreement" troubles us greatly. Of the parties to the dispute, only the Pueblo, the Tram Company, and the federal government now support the proposed agreement. The County, the City, and the Coalition, all parties impacted by the litigation, have indicated that they are dissatisfied with this proposed agreement, since it does not address their concerns. The underlying questions originally raised by the appellants remain unanswered. Additionally, any settlement would rely upon Congressional action to implement and finalize the agreement. While we have reviewed your Department`s proposed legislation, it should by no means be considered to be a working draft from which Congress will act. We are also considering other legislative solutions to this matter, including both authorizing and appropriations language.
Before your Department acts to finalize any agreement in this matter, we strongly encourage you to respond to this letter with a detailed account and explanation of your Department`s actions. We are concerned that the federal government`s potential failure to appeal a judgment that did not consider the merits of the case places the entire burden on the County and the City. Furthermore, a settlement between a minority of parties affected does not equal a true settlement. We believe that the federal government would abdicate its responsibility to the more than one million visitors a year who utilize the Sandia Mountain Wilderness, and the landowners to reside within the claim area, by failing to appeal.
More than 18 months after our initial letter, we are still waiting to hear from you. We hope that the rumors we have heard concerning an agreement between the government and the Pueblo are unfounded and that you will reassure us that you are considering appealing Judge Greene`s decision. In the spirit of your 1998 press release, we hope that you would not sign an agreement that does not include the affected landowners, the public and state and local government. We ask that you respond to this letter in a more timely fashion. We hope to hear from you by close of business Friday, April 7, 2000.
Sincerely,
Congresswoman Heather Wilson
Senator Pete Domenici |
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