[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2018 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2018

  To establish the T'uf Shur Bien Preservation Trust Area within the 
  Cibola National Forest in the State of New Mexico to resolve a land 
claim involving the Sandia Mountain Wilderness, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2002

 Mr. Bingaman introduced the following bill; which was read twice and 
   referred jointly pursuant to the order of March 14, 2002, to the 
 Committees on Energy and Natural Resources, and Indian Affairs, with 
 instructions that if one committee reports, the other committee have 
 twenty calendar days, excluding any period where the Senate is not in 
      session for more than three days, to report or be discharged

_______________________________________________________________________

                                 A BILL


 
  To establish the T'uf Shur Bien Preservation Trust Area within the 
  Cibola National Forest in the State of New Mexico to resolve a land 
claim involving the Sandia Mountain Wilderness, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``T'uf Shur Bien Preservation Trust 
Area Act''.

SEC. 2. FINDING AND STATEMENT OF PURPOSE.

    (a) Finding.--The Congress finds that in 1748, the Pueblo of Sandia 
received a grant from a representative of the King of Spain, which 
grant was recognized and confirmed by Congress in 1858 (11 Stat. 374). 
In 1994, the Pueblo filed a lawsuit against the Secretary of the 
Interior and the Secretary of Agriculture in the U.S. District Court 
for the District of Columbia, Civil No. 1:94CV02624, asserting that 
Federal surveys of the grant boundaries erroneously excluded certain 
lands within the Cibola National Forest, including a portion of the 
Sandia Mountain Wilderness;
    (b) Purposes.--The purposes of this Act are to--
            (1) establish the T'uf Shur Bien Preservation Trust Area in 
        the Cibola National Forest;
            (2) confirm the status of National Forest and Wilderness 
        lands in the Area while resolving issues associated with the 
        Pueblo's lawsuit and the opinions of the Solicitor of the 
        Department of the Interior dated December 9, 1988 (M-36963; 96 
        I.D. 331) and January 19, 2001 (M-37002); and
            (3) provide the Pueblo, parties involved in the litigation, 
        and the public with a fair and just settlement of the Pueblo's 
        claim.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
    (a) Area.--The term ``Area'' means the T'uf Shur Bien Preservation 
Trust Area as depicted on the map, and excludes the subdivisions and 
other privately and publicly owned lands as set forth in this Act and 
the Settlement Agreement.
    (b) Crest Facilities.--The term ``crest facilities'' means all 
facilities and developments located on the crest of Sandia Mountain, 
including the Sandia Crest Electronic Site; electronic site access 
roads; the Crest House; the upper terminal, restaurant, and related 
facilities of Sandia Peak Tram Company; the Crest Observation Area; 
parking lots; restrooms; the Crest Trail (Trail No. 130); hang glider 
launch sites; and the Kiwanis cabin; as well as the lands upon which 
such facilities are located and the lands extending 100 feet to the 
west of each such facility, unless a different distance is agreed to in 
writing between the Forest Service and the Pueblo and documented in the 
survey of the Area.
    (c) Forest Service.--The term ``Forest Service'' means the U.S. 
Forest Service.
    (d) La Luz Tract.--The term ``La Luz tract'' means that tract 
comprised of approximately 31 acres of land owned in fee by the Pueblo 
and depicted on the map.
    (e) Local Public Bodies.--The term ``local public bodies'' means 
political subdivisions of the State of New Mexico as defined in New 
Mexico Code section 6-5-1.
    (f) Management Plan.--The term ``Management Plan'' means the T'uf 
Shur Bien Preservation Trust Area Management Plan, attached as an 
exhibit to the Settlement Agreement.
    (g) Map.--The term ``map'' means the Forest Service map entitled 
``T'uf Shur Bien Preservation Trust Area,'' dated April 2000.
    (h) Piedra Lisa Tract.--The term ``Piedra Lisa tract'' means that 
tract comprised of approximately 160 acres of land held in private 
ownership and depicted on the map.
    (i) Pueblo.--The term ``Pueblo'' means the Pueblo of Sandia in its 
governmental capacity.
    (j) Secretary.--The term ``Secretary'' means the Secretary of 
Agriculture, except where otherwise expressly indicated.
    (k) Settlement Agreement.--The term ``Settlement Agreement'' means 
the Agreement of Compromise and Settlement dated April 4, 2000, between 
the United States, the Pueblo, and the Sandia Peak Tram Company.
    (l) Special Use Permit.--The term ``special use permit'' means the 
December 1, 1993, Special Use Permit issued by the Forest Service to 
Sandia Peak Tram Company and Sandia Peak Ski Company, encompassing 
approximately 46 acres of the corridor presently dedicated to aerial 
tramway use, and approximately 945 acres of the ski area, as well as 
the lands described generally in exhibit A to the December 31, 1993, 
Special Use Permit, including the maintenance road to the lower tram 
tower, water storage and distribution facilities, seven helispots, and 
the other lands described therein.
    (m) Subdivisions.--The term ``subdivisions'' means the subdivisions 
of Sandia Heights Addition, Sandia Heights North Units I, II, and 3, 
Tierra Monte, and Evergreen Hills, as well as additional plats and 
privately owned properties as further described in the Settlement 
Agreement and depicted on the map, exclusive of the property now owned 
or hereafter acquired by the Pueblo or the Forest Service in the 
subdivisions.
    (n) Traditional and Cultural Uses.--The terms ``traditional and 
cultural uses'' and ``traditional and cultural purposes'' mean 
ceremonial activities, including the placing of ceremonial materials in 
the Area, and the use, hunting, trapping or gathering of plants, 
animals, wood, water, and other natural resources, but only for non-
commercial purposes.

SEC. 4. T'UF SHUR BIEN PRESERVATION TRUST AREA.

    (a) Establishment.--The T'uf Shur Bien Preservation Trust Area is 
established within the Cibola National Forest and the Sandia Mountain 
Wilderness as depicted on the map:
            (1) to recognize and protect in perpetuity the Pueblo's 
        rights and interests in and to the Area, as specified in 
        section 5(a) of this Act;
            (2) to preserve in perpetuity the wilderness and National 
        Forest character of the Area; and
            (3) to recognize and protect in perpetuity the public's 
        longstanding use and enjoyment of the Area.
    (b) Administration and Applicable Law.--The Secretary, acting 
through the Forest Service, shall continue to administer the Area on 
behalf of the United States as National Forest System lands under this 
Act, the Wilderness Act, other laws and regulations applicable to the 
National Forest System, and the Management Plan (which is incorporated 
herein by reference) to accomplish the purposes of the Area as set 
forth in subsection (a) of this section.
    (c) Exceptions.--
            (1) Traditional and cultural uses by Pueblo members and 
        members of other federally recognized Indian tribes authorized 
        to use the Area by the Pueblo under section 5(a)(4) of this Act 
        shall not be restricted except by the Wilderness Act and its 
        regulations as they exist on the date of enactment of this Act 
        and by applicable Federal wildlife protection laws as provided 
        in section 6(a)(2) of this Act.
            (2) To the extent that laws enacted or amended after the 
        date of this Act are inconsistent with this Act, they shall not 
        apply to the Area unless expressly made applicable by Congress.
            (3) In implementing the Management Plan, both Bernalillo 
        and Sandoval County, acting through their respective County 
        Commissions, whichever is applicable based on the location of 
        the land affected, shall be afforded the right to consent or 
        withhold consent to new uses within the Area subject to the 
        same limitations placed on the Pueblo in the Management Plan.
    (d) Area Defined.--The Area shall be comprised of approximately 
9890 acres of land within the Cibola National Forest as depicted on the 
map. As soon as practicable after enactment of this Act, the Secretary 
shall file the map and a legal description of the Area with the 
Committee on Resources of the House of Representatives and with the 
Committee on Energy and Natural Resources. Such map and legal 
description shall have the same force and effect as if included in this 
Act, except that clerical and typographical errors shall be corrected, 
and changes that may be necessary pursuant to section 8(b), 8(d), and 
8(e) shall be made. The map and legal description shall be on file and 
available for public inspection in the Office of the Chief of the 
Forest Service, Department of Agriculture, Washington, District of 
Columbia.
    (e) No Conveyance of Title.--The United States right, title and 
interest in or to the Area or any part thereof shall not be conveyed to 
or exchanged with any person, trust, or governmental entity, including 
the Pueblo, without specific authorization of Congress.
    (f) Prohibited Uses.--Notwithstanding any other provision of law, 
no use prohibited by the Wilderness Act as of the date of enactment of 
this Act may occur in the wilderness portion of the Area; nor may any 
of the following uses occur in any portion of the Area: gaming or 
gambling of any kind, mineral production, timber production, and uses 
that are described in section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)). The Area is closed to the location of mining claims under 
the Mining Law of 1872 (30 U.S.C. 22).
    (g) No Modification of Boundaries.--Nothing herein shall affect the 
boundaries of, or shall repeal or disestablish the Sandia Mountain 
Wilderness or the Cibola National Forest. Establishment of the Area 
does not in any way modify the boundary of the Pueblo grant.

SEC. 5. PUEBLO OF SANDIA RIGHTS AND INTERESTS IN THE AREA.

    (a) General.--The Pueblo shall have the following rights and 
interests in the Area:
            (1) free and unrestricted access to the Area for 
        traditional and cultural uses to the extent not inconsistent 
        with the Wilderness Act and its regulations as they exist on 
        the date of enactment of this Act and with applicable Federal 
        wildlife protection laws as provided in section 6(a)(2), which 
right shall be compensable to the extent provided in subsection (c);
            (2) perpetual preservation of the wilderness and National 
        Forest character of the Area under this Act, which shall be 
        compensable to the extent provided in subsection (c);
            (3) rights in the management of the Area specified in the 
        Management Plan which include:
                    (A) the right to consent or withhold consent to new 
                uses;
                    (B) the right to consultation regarding modified 
                uses;
                    (C) the right to consultation regarding the 
                management and preservation of the Area; and
                    (D) the right to dispute resolution procedures;
            (4) exclusive authority, in accordance with its customs and 
        laws, to administer access to the Area for traditional and 
        cultural uses by members of the Pueblo and of other federally 
        recognized Indian tribes; and
            (5) such other rights and interests as are enumerated and 
        recognized in sections 4, 5(c), 7, and 8.
    (b) Limitation.--Except as provided in subsection (a)(4), access to 
and use of the Area for all other purposes shall continue to be 
administered by the Secretary through the Forest Service.
    (c) Compensable Interest.--
            (1) If, by an Act of Congress enacted subsequent to the 
        effective date of this Act, Congress diminishes the wilderness 
        and National Forest character of the Area by authorizing a use 
        prohibited by section 4(f) in all or any portion of the Area, 
        or permanently denies the Pueblo access for any traditional and 
        cultural uses in all or any portion of the Area, the United 
        States shall compensate the Pueblo as if the Pueblo had held a 
        fee title interest in the affected portion of the Area and as 
        though the United States had acquired such interest by 
        legislative exercise of its power of eminent domain, and the 
        restrictions of sections 4(f) and 6(a) shall be disregarded in 
        determining just compensation owed to the Pueblo.
            (2) Any compensation made to the Pueblo pursuant to 
        subsection (c)(1) does not in any way affect the extinguishment 
        of claims set forth in section 9.

SEC. 6. LIMITATIONS ON PUEBLO OF SANDIA RIGHTS AND INTERESTS IN THE 
              AREA.

    (a) Limitation.--The Pueblo's rights and interests recognized in 
this Act do not include:
            (1) any right to sell, grant, lease, convey, encumber or 
        exchange lands in the Area, or any right or interest therein, 
        and any such conveyance shall not have validity in law or 
        equity;
            (2) any exemption from applicable Federal wildlife 
        protection laws;
            (3) any right to engage in any activity or use prohibited 
        in section 4(f); or
            (4) any right to exclude persons or governmental entities 
        from the Area.
    (b) Exception.--No person who exercises traditional and cultural 
use rights as authorized in section 5(a)(4) of this Act may be 
prosecuted for a Federal wildlife offense requiring proof of a 
violation of a State law or regulation.

SEC. 7. JURISDICTION OVER THE AREA.

    (a) Criminal Jurisdiction.--Notwithstanding any other provision of 
law, jurisdiction over crimes committed in the Area shall be allocated 
as follows:
            (1) To the extent that the allocations of criminal 
        jurisdiction over the Area under paragraphs (2), (3), and (4) 
        of this subsection are overlapping, they should be construed to 
        allow for the exercise of concurrent criminal jurisdiction.
            (2) The Pueblo shall have jurisdiction over crimes 
        committed by its members or by members of another federally 
        recognized Indian tribe who are present in the Area with the 
        Pueblo's permission pursuant to section 5(a)(4).
            (3) The United States shall have jurisdiction over--
                    (A) the offenses listed in section 1153 of title 
                18, U.S. Code, including any offenses added to the list 
                in that statute by future amendments thereto, when such 
                offenses are committed by members of the Pueblo and 
                other federally recognized Indian tribes;
                    (B) crimes committed by any person in violation of 
                laws and regulations pertaining to the protection and 
                management of National Forests;
                    (C) enforcement of Federal criminal laws of general 
                applicability; and
                    (D) any other offense committed by a member of the 
                Pueblo against a non-member of the Pueblo. Any offense 
                which is not defined and punished by Federal law in 
                force within the exclusive jurisdiction of the United 
                States shall be defined and punished in accordance with 
                the laws of the State of New Mexico.
            (4) The State of New Mexico shall have jurisdiction over 
        any crime under its laws committed by a person not a member of 
        the Pueblo.
    (b) Civil Jurisdiction.--
            (1) Except as provided in paragraphs (2), (3), (4), and 
        (5), the United States, the State of New Mexico, and local 
        public bodies shall have the same civil adjudicatory, 
        regulatory, and taxing jurisdiction over the Area as they 
        exercised prior to the enactment of this Act.
            (2) The Pueblo shall have exclusive civil adjudicatory 
        jurisdiction over--
                    (A) disputes involving only members of the Pueblo;
                    (B) civil actions brought by the Pueblo against 
                members of the Pueblo; and
                    (C) civil actions brought by the Pueblo against 
                members of other federally recognized Indian tribes for 
                violations of understandings between the Pueblo and 
                that member's tribe regarding use or access to the Area 
                for traditional and cultural purposes.
            (3) The Pueblo shall have no regulatory jurisdiction over 
        the Area with the exception of:
                    (A) exclusive authority to regulate traditional and 
                cultural uses by the Pueblo's own members and to 
                administer access to the Area by other federally 
                recognized Indian tribes for traditional and cultural 
                uses, to the extent such regulation is consistent with 
                this Act; and
                    (B) The Pueblo shall have exclusive authority to 
                regulate hunting and trapping in the Area by its 
                members that is related to traditional and cultural 
                purposes. Such authority shall not vest or continue 
                until the Pueblo enacts and thereafter maintains and 
                enforces regulations substantially similar to those of 
                the State of New Mexico concerning seasons, game 
                management, types of weapons, proximity of hunting and 
                trapping to trails and residences, and comparable 
                safety restrictions. Prior to adopting such 
                regulations, the Pueblo shall provide the Forest 
                Service and the New Mexico Game and Fish Department 
                with notice and an opportunity to comment on the 
                regulations. The Pueblo shall consult and exchange 
                information with the New Mexico Game and Fish 
                Department on a periodic basis to assist the Department 
                with its ongoing responsibility to protect wildlife 
                populations within the Area.
            (4) The Pueblo shall have no authority to impose taxes 
        within the Area.
            (5) The State of New Mexico and local public bodies shall 
        have no authority within the Area to tax the activities or the 
        property of the Pueblo, its members, or members of other 
        federally recognized Indian tribes authorized to use the Area 
        under section 5(a)(4) of this Act.

SEC. 8. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

    (a) Subdivisions.--The subdivisions are excluded from the Area. The 
Pueblo shall have no civil or criminal jurisdiction for any purpose, 
including without limitation adjudicatory, taxing, zoning, regulatory 
or any other form of jurisdiction, over the subdivisions and property 
interests therein, and the laws of the Pueblo shall not apply to the 
subdivisions. The jurisdiction of the State of New Mexico and local 
public bodies over the subdivisions and property interests therein 
shall continue in effect.
    (b) Piedra Lisa.--The Piedra Lisa tract is excluded from the Area 
notwithstanding any subsequent acquisition of the tract by the Pueblo. 
If the Forest Service acquires the tract, it shall be included in the 
Area. Unless the Piedra Lisa tract is acquired by the Pueblo, the 
Pueblo shall have no civil or criminal jurisdiction over the tract and 
property interests therein, and the laws of the Pueblo shall not apply 
to the tract. Except as provided in subsection (e), the jurisdiction of 
the State of New Mexico and local bodies over the Piedra Lisa tract and 
property interests therein shall continue in effect. If the Forest 
Service acquires the tract, the jurisdictional provisions of section 7 
of this Act shall apply.
    (c) Crest Facilities.--The lands on which the crest facilities are 
located are excluded from the Area. The Pueblo shall have no civil or 
criminal jurisdiction for any purpose, including without limitation 
adjudicatory, taxing, zoning, regulatory or any other form of 
jurisdiction, over the lands on which the crest facilities are located 
and property interests therein, and the laws of the Pueblo shall not 
apply to those lands. The pre-existing jurisdictional status of those 
lands shall continue in effect.
    (d) Special Use Permit Area.--The lands described in the special 
use permit are excluded from the Area. The Pueblo shall have no civil 
or criminal jurisdiction for any purpose, including without limitation 
adjudicatory, taxing, zoning, regulatory, or any other form of 
jurisdiction, over the lands described in the special use permit, and 
the laws of the Pueblo shall not apply to those lands. The pre-existing 
jurisdictional status of these lands shall continue in effect. In the 
event the special use permit, during its existing term or any future 
terms or extensions, requires amendment to include other lands in the 
Area necessary to realign the existing or any future replacement tram 
line, associated structures, or facilities, the lands subject to that 
amendment shall thereafter be excluded from the Area and shall have the 
same status under this Act as the lands currently described in the 
special use permit. Any lands dedicated to aerial tramway and related 
uses and associated facilities that are excluded from the special 
use permit through expiration, termination or the amendment process 
shall thereafter be included in the Area but only after final agency 
action is no longer subject to any appeals.
    (e) La Luz Tract and Subsequent Acquisition.--The La Luz tract now 
owned in fee by the Pueblo is excluded from the Area and shall be 
transferred to the United States and held in trust for the Pueblo by 
the United States and administered by the Secretary of the Interior. If 
the Pueblo acquires the Piedra Lisa tract, the tract shall be 
transferred to the United States and held in trust for the Pueblo by 
the United States and administered by the Secretary of the Interior. 
Such trust land shall be subject to all limitations on use pertaining 
to the Area contained in this Act. The restriction contained in section 
6(a)(4) shall not apply outside of Forest Service System trails. The 
State of New Mexico and local public bodies shall have no authority to 
tax or regulate the activities or the property of the Pueblo or its 
members with respect to such trust lands.
    (f) Forest Service Lands.--
            (1) Title to lands consisting of approximately 0.314 acre, 
        and any improvements thereon, which are located within the 
        Evergreen Hills subdivision and administered by the Forest 
        Service, shall be transferred to the Pueblo. Such lands are 
        excluded from the Area, shall be subject to the jurisdictional 
        provisions of subsection (a) of this section, and shall be 
        subject to all limitations on use pertaining to the Area 
        contained in this Act.
            (2) Lands consisting of approximately 0.419 acre, and any 
        improvements thereon, which are located within the Evergreen 
        Hills subdivision, administered by the Forest Service, and 
        contiguous to the tract of approximately 39 contiguous acres 
        owned in fee by the Pueblo in the Evergreen Hills subdivision 
        shall be transferred to the Pueblo. Such lands are excluded 
        from the Area, shall be subject to the jurisdictional 
        provisions of subsection (a) of this section, and shall be 
        subject to all limitations on use pertaining to the Area 
        contained in this Act.
    (g) Pueblo Fee Lands.--Those properties not addressed in 
subsections (e) or (f) of this section that are owned in fee by the 
Pueblo within the subdivisions are excluded from the Area and shall be 
subject to the jurisdictional provisions of subsection (a) of this 
section.
    (h) Rights-of-Way.--
            (1) Road rights-of-way.--(A) In accordance with the Pueblo 
        having given its consent in the Settlement Agreement, the 
        Secretary of the Interior shall grant to the County of 
        Bernalillo, New Mexico, in perpetuity, the following 
        irrevocable rights of way for roads identified on the map and 
        described in the Settlement Agreement in order to provide for 
        public access to the subdivisions, the special use permit land 
        and facilities, the Sandia Peak interests as described in the 
        Settlement Agreement, the Sandia Heights South Subdivision, and 
        the Area:
                    (i) a right-of-way for Tramway Road;
                    (ii) a right-of-way for Juniper Hill Road North;
                    (iii) a right-of-way for Juniper Hill Road South;
                    (iv) a right-of-way for Sandia Heights Road; and
                    (v) a right-of-way for Juan Tabo Canyon Road 
                (Forest Road No. 333).
            (B) The road rights-of-way shall be subject to the 
        following conditions:
                    (i) Such rights-of-way may not be expanded or 
                otherwise modified without the Pueblo's written 
                consent, but road maintenance to the rights of way 
                shall not be subject to Pueblo consent;
                    (ii) The rights-of-way shall not authorize uses for 
                any purpose other than roads without the Pueblo's 
                written consent.
                    (iii) Existing rights-of-way or leasehold interests 
                held by the Sandia Peak Tram Company, as described in 
                the Settlement Agreement, shall be preserved and 
                protected.
            (2) Utility rights-of-way.--In accordance with the Pueblo 
        having given its consent in the Settlement Agreement, the 
        Secretary of the Interior shall grant irrevocable utility 
        rights-of-way in perpetuity across Pueblo lands to appropriate 
        utility or other service providers serving Sandia Heights 
        Addition, Sandia Heights North Units I, II, and 3, and Tierra 
        Monte, including rights-of-way for natural gas utility service 
        and cable television service. Such rights-of-way shall be 
        within existing utility corridors. Except where above-ground 
        facilities already exist, all new utility facilities shall be 
        installed underground unless the Pueblo agrees otherwise. To 
        the extent that enlargement of existing utility corridors is 
        required for any technologically-advanced telecommunication, 
        television, or utility services, the Pueblo shall not 
        unreasonably withhold agreement to a reasonable enlargement of 
        the easements described above.
    (i) Forest Service Rights-of-Way.--In accordance with the Pueblo 
having given its consent in the Settlement Agreement, the Secretary of 
the Interior shall grant to the Forest Service the following 
irrevocable rights-of-way in perpetuity for Forest Service trails 
crossing land of the Pueblo in order to provide for public access to 
the Area and through Pueblo lands:
            (1) a right-of-way for a portion of the Crest Spur Trail 
        (Trail No. 84), crossing a portion of the La Luz tract, as 
        identified on the map and described in the Settlement 
        Agreement;
            (2) a right-of-way for the extension of the Foothills Trail 
        (Trail No. 365A), as identified on the map and described in the 
        Settlement Agreement; and
            (3) a right-of-way for that portion of the Piedra Lisa 
        North-South Trail (Trail No. 135) crossing the Piedra List 
        tract, if the Pueblo ever acquires the Piedra Lisa tract.

SEC. 9. EXTINGUISHMENT OF CLAIMS.

    (a) General.--Except for the rights and interests in and to the 
Area specifically recognized in sections 4, 5, 7, and 8, all Pueblo 
claims to right, title and interest of any kind, including aboriginal 
claims, in and to lands within the Area, any part thereof, and property 
interests therein, as well as related boundary, survey, trespass, and 
monetary damage claims, are hereby permanently extinguished. The United 
States title to the Area is hereby confirmed.
    (b) Subdivisions and Piedra Lisa.--Any Pueblo claims to right, 
title and interest of any kind, including aboriginal claims, in and to 
the subdivisions and the Piedra Lisa tract and property interests 
therein, as well as related boundary, survey, trespass, and monetary 
damage claims, are hereby permanently extinguished.
    (c) Special Use and Crest Facilities Areas.--Any Pueblo right, 
title and interest of any kind, including aboriginal claims, and 
related boundary, survey, trespass, and monetary damage claims, are 
hereby permanently extinguished in and to--
            (1) the lands described in the special use permit; and
            (2) the lands on which the crest facilities are located.
    (d) Pueblo Agreement.--As provided in the Settlement Agreement, the 
Pueblo has agreed to the relinquishment and extinguishment of those 
claims, rights, titles and interests extinguished pursuant to 
subsection (a), (b) and (c) of this section.
    (e) Consideration.--The recognition of the Pueblo's rights and 
interests in this Act constitutes adequate consideration for the 
Pueblo's agreement to the extinguishment of the Pueblo's claims in this 
section and the right-of-way grants contained in section 8, and it is 
the intent of Congress that those rights and interests may only be 
diminished by a future Act of Congress specifically authorizing such 
diminishment of such rights, with express reference to this Act.

SEC. 10. CONSTRUCTION.

    (a) Strict Construction.--This Act, the Settlement Agreement, and 
the Management Plan recognize only enumerated rights and interests, and 
no additional rights, interests, obligations, or duties shall be 
created by implication.
    (b) Existing Rights.--To the extent any valid private property 
rights exist within the Area that are not otherwise addressed in this 
Act or in the Settlement Agreement, such rights are not modified or 
otherwise affected by this Act.
    (c) Not Precedent.--The provisions of this Act creating certain 
rights and interests in the National Forest System are uniquely suited 
to resolve the Pueblo's claim and the geographic and societal situation 
involved, and shall not be construed as precedent for any other 
situation involving management of the National Forest System.
    (d) Fish and Wildlife.--Except as provided in section 7(b)(3)(B), 
nothing in this Act shall be construed as affecting the 
responsibilities of the State of New Mexico with respect to fish and 
wildlife, including the regulation of hunting, fishing, or trapping 
with the Area.

SEC. 11. JUDICIAL REVIEW.

    (a) Enforcement.--Suit to enforce the provisions of this Act or the 
Management Plan may be brought to the extent permitted under chapter 7 
of title 5, U.S. Code. Judicial review shall be based upon the 
administrative record and subject to the applicable standard of review 
set forth in section 706 of title 5.
    (b) Waiver.--Suit may be brought against the Pueblo for declaratory 
judgment or injunctive relief under this Act, the Settlement Agreement 
or the Management Plan, but no money damages, including costs or 
attorney's fees, may be imposed on the Pueblo as a result of such 
judicial action. The United States consents to and ratifies the waiver 
of sovereign immunity by the Pueblo contained in the Settlement 
Agreement.
    (c) Venue.--Venue for any suit provided for in this section, as 
well as any suit to contest the constitutionality of this Act, shall 
lie only in the United States District Court for the District of New 
Mexico.

SEC. 12. RATIFICATION OF SETTLEMENT AGREEMENT AND MANAGEMENT PLAN.

    The Settlement Agreement and Management Plan, having been modified 
to conform to this Act, are hereby ratified and confirmed by the United 
States.

SEC. 13. EFFECTIVE DATE.

    The provisions of this Act, the Settlement Agreement, as modified 
to conform to this Act, and the Management Plan shall take effect 
immediately upon enactment of this Act.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS AND RELATED AUTHORITIES.

    (a) General.--There are hereby authorized to be appropriated such 
sums as may be necessary to carry out this Act.
    (b) Contributions.--
            (1) The Secretary is authorized to accept contributions 
        from the Pueblo, or from other persons or governmental 
        entities, to perform and complete a survey of the Area, or 
        otherwise for the benefit of the Area in accordance with the 
        Act.
            (2) The Secretary shall complete a survey of the Area 
        within one year of the date of enactment of this Act.
    (c) Land Exchange.--Within 90 days after the date of enactment of 
this Act, after consultation with the Pueblo, and in compliance with 
all applicable laws, the Secretary shall offer to exchange National 
Forest System lands within Sandoval County for lands owned by the 
Pueblo in fee within the boundaries of the Area. If the land exchange 
is not completed within 180 days after the date of enactment of this 
Act, the Secretary shall submit a report explaining the reasons for the 
failure to complete the land exchange and an expected completion date 
to the Committee on Energy and Natural Resources of the United States 
Senate and the Committee on Resources of the United States House of 
Representatives.
    (d) Land Acquisition.--The Secretary is authorized to acquire lands 
owned by the Pueblo within the Evergreen Hills Subdivision in Sandoval 
County or any other privately held lands within the Area. The 
boundaries of the Cibola National Forest and the Area shall be adjusted 
to encompass any lands acquired pursuant to this section.
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