Court of Appeals for the Tenth Circuit August 20, 1985, 83-1140 (Pueblo De San Felipe v. Donald P. Hodel, Secretary of the Interior, and Pueblo of Santa Ana, Defendant-In-Intervention-Appellee)

McKAY, Circuit Judge.

In 1978 and 1979 the San Felipe Pueblo negotiated a right-of-way agreement with the New Mexico State Highway Department for the purpose of making improvements to Interstate Highway 25. A portion of the negotiated right-of-way crossed land that is claimed by both the San Felipe Pueblo and the Pueblo of Santa Ana. This contested parcel is referred to as the overlap area.