[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2018 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 637
107th CONGRESS
  2d Session
                                S. 2018

                          [Report No. 107-285]

  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 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

                           September 17, 2002

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 17, 2002

 Referred to the Committee on Indian Affairs pursuant to the order of 
                             March 14, 2002

                            October 7, 2002

Committee discharged pursuant to the order of March 14, 2002 and placed 
                            on the calendar

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDING AND STATEMENT OF PURPOSE.</DELETED>

<DELETED>    (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;</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are to--</DELETED>
        <DELETED>    (1) establish the T'uf Shur Bien Preservation 
        Trust Area in the Cibola National Forest;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) provide the Pueblo, parties involved in the 
        litigation, and the public with a fair and just settlement of 
        the Pueblo's claim.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act:</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Forest Service.--The term ``Forest Service'' means the 
U.S. Forest Service.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Map.--The term ``map'' means the Forest Service map 
entitled ``T'uf Shur Bien Preservation Trust Area,'' dated April 
2000.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (i) Pueblo.--The term ``Pueblo'' means the Pueblo of 
Sandia in its governmental capacity.</DELETED>
<DELETED>    (j) Secretary.--The term ``Secretary'' means the Secretary 
of Agriculture, except where otherwise expressly indicated.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. T'UF SHUR BIEN PRESERVATION TRUST AREA.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to preserve in perpetuity the wilderness and 
        National Forest character of the Area; and</DELETED>
        <DELETED>    (3) to recognize and protect in perpetuity the 
        public's longstanding use and enjoyment of the Area.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Exceptions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. PUEBLO OF SANDIA RIGHTS AND INTERESTS IN THE 
              AREA.</DELETED>

<DELETED>    (a) General.--The Pueblo shall have the following rights 
and interests in the Area:</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (3) rights in the management of the Area specified 
        in the Management Plan which include:</DELETED>
                <DELETED>    (A) the right to consent or withhold 
                consent to new uses;</DELETED>
                <DELETED>    (B) the right to consultation regarding 
                modified uses;</DELETED>
                <DELETED>    (C) the right to consultation regarding 
                the management and preservation of the Area; 
                and</DELETED>
                <DELETED>    (D) the right to dispute resolution 
                procedures;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) such other rights and interests as are 
        enumerated and recognized in sections 4, 5(c), 7, and 
        8.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Compensable Interest.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. LIMITATIONS ON PUEBLO OF SANDIA RIGHTS AND INTERESTS 
              IN THE AREA.</DELETED>

<DELETED>    (a) Limitation.--The Pueblo's rights and interests 
recognized in this Act do not include:</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) any exemption from applicable Federal wildlife 
        protection laws;</DELETED>
        <DELETED>    (3) any right to engage in any activity or use 
        prohibited in section 4(f); or</DELETED>
        <DELETED>    (4) any right to exclude persons or governmental 
        entities from the Area.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. JURISDICTION OVER THE AREA.</DELETED>

<DELETED>    (a) Criminal Jurisdiction.--Notwithstanding any other 
provision of law, jurisdiction over crimes committed in the Area shall 
be allocated as follows:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) The United States shall have jurisdiction 
        over--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) crimes committed by any person in 
                violation of laws and regulations pertaining to the 
                protection and management of National 
                Forests;</DELETED>
                <DELETED>    (C) enforcement of Federal criminal laws 
                of general applicability; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Civil Jurisdiction.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The Pueblo shall have exclusive civil 
        adjudicatory jurisdiction over--</DELETED>
                <DELETED>    (A) disputes involving only members of the 
                Pueblo;</DELETED>
                <DELETED>    (B) civil actions brought by the Pueblo 
                against members of the Pueblo; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) The Pueblo shall have no regulatory 
        jurisdiction over the Area with the exception of:</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) The Pueblo shall have no authority to impose 
        taxes within the Area.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Forest Service Lands.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (h) Rights-of-Way.--</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (i) a right-of-way for Tramway 
                Road;</DELETED>
                <DELETED>    (ii) a right-of-way for Juniper Hill Road 
                North;</DELETED>
                <DELETED>    (iii) a right-of-way for Juniper Hill Road 
                South;</DELETED>
                <DELETED>    (iv) a right-of-way for Sandia Heights 
                Road; and</DELETED>
                <DELETED>    (v) a right-of-way for Juan Tabo Canyon 
                Road (Forest Road No. 333).</DELETED>
        <DELETED>    (B) The road rights-of-way shall be subject to the 
        following conditions:</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (ii) The rights-of-way shall not authorize 
                uses for any purpose other than roads without the 
                Pueblo's written consent.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. EXTINGUISHMENT OF CLAIMS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the lands described in the special use permit; 
        and</DELETED>
        <DELETED>    (2) the lands on which the crest facilities are 
        located.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 10. CONSTRUCTION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 11. JUDICIAL REVIEW.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 12. RATIFICATION OF SETTLEMENT AGREEMENT AND MANAGEMENT 
              PLAN.</DELETED>

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

<DELETED>SEC. 13. EFFECTIVE DATE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 14. AUTHORIZATION OF APPROPRIATIONS AND RELATED 
              AUTHORITIES.</DELETED>

<DELETED>    (a) General.--There are hereby authorized to be 
appropriated such sums as may be necessary to carry out this 
Act.</DELETED>
<DELETED>    (b) Contributions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The Secretary shall complete a survey of the 
        Area within one year of the date of enactment of this 
        Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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. 1:94CV0264, 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:
            (1) 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.
            (2) 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.
            (3) Existing uses and activities.--The term ``existing uses 
        and activities'' means uses and activities occurring in the 
        Area on the date of enactment of this Act, or which have been 
        authorized in the Area after November 1, 1995 but before the 
        date of enactment of this Act.
            (4) Forest service.--The term ``Forest Service'' means the 
        U.S. Forest Service.
            (5) 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.
            (6) Local public bodies.--The term ``local public bodies'' 
        means political subdivisions of the State of New Mexico as 
        defined in New Mexico Code Sec. 6-5-1.
            (7) Map.--The term ``map'' means the Forest Service map 
        entitled ``T'uf Shur Bien Preservation Trust Area,'' dated 
        April 2000.
            (8) Modified uses or activities.--The term ``modified uses 
        or activities'' means existing uses which are being modified or 
        re-configured, but which are not being significantly expanded, 
        including a trail or trailhead being modified, such as to 
        accommodate handicapped access, a parking area being 
        reconfigured though not expanded, or a special use 
        authorization for a group recreation activity being authorized 
        for a different use area or time period.
            (9) New uses or activities.--The term ``new uses or 
        activities'' means uses or activities not occurring in the Area 
        on the date of enactment of this Act, as well as existing uses 
        or activities that are being modified such that they 
        significantly expand or alter their previous scope, dimensions, 
        or impacts on the land, water, air and/or wildlife resources of 
        the Area. New uses and activities do not apply to new uses or 
        activities that are categorically excluded from documentation 
        requirements pursuant to the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.), or to activities undertaken 
        to comply with the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.).
            (10) 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.
            (11) Pueblo.--The term ``Pueblo'' means the Pueblo of 
        Sandia in its governmental capacity.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, except where otherwise expressly indicated.
            (13) 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.
            (14) 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.
            (15) 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 any additional plats and privately owned properties depicted 
        on the map, exclusive of the property now owned or hereafter 
        acquired by the Pueblo or the Forest Service in the 
        subdivisions.
            (16) 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 as 
part of the National Forest System and incorporate the provisions of 
this Act affecting management of the Area, including section 5(a)(3) 
and section 7.
    (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) The use of the word ``Trust'' in the name of the Area 
        is in recognition of the Pueblo's specific rights and interests 
        in the Area, and does not confer upon the Pueblo the ownership 
        interest that exists when the Secretary of the Interior accepts 
        the title to land in trust for the benefit of an Indian tribe.
    (d) Area Defined.--
            (1) The Area shall be comprised of approximately 9890 acres 
        of land within the Cibola National Forest as depicted on the 
        map.
            (2) 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 of the Senate. 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.
            (3) Such map and legal description shall have the same 
        force and effect as if included in this Act, except that
                    (A) clerical and typographical errors shall be 
                corrected;
                    (B) changes that may be necessary pursuant to 
                section 9(b), 9(d), and 9(e) shall be made; and
                    (C) to the extent the map and the language of this 
                Act conflict, the language of the Act controls.
    (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 new 
uses or activities to which the Pueblo objects pursuant to section 
5(a)(3) of this Act. The Area is closed to the location of mining 
claims under Mining Law of 1872 (30 U.S.C. Sec. 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 existing 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 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).
            (2) Perpetual preservation of the Wilderness and National 
        Forest character of the Area under this Act.
            (3) Rights in the management of the Area as set forth in 
        section 7, 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.
            (5) Such other rights and interests as are enumerated and 
        recognized in sections 4, 5(c), 8, and 9.
    (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 designation 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 10.

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

    (a) Limitations.--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 of 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. MANAGEMENT OF THE AREA.

    (a) Process.--
            (1) General.--
                    (A) The Forest Service shall consult with the 
                Pueblo of Sandia not less than twice a year, unless 
                otherwise mutually agreed, concerning protection, 
                preservation, and management of the Area, including new 
                and modified uses and activities in the Area and 
                authorizations that are anticipated during the next six 
                months and approved in the preceding six months.
            (2) New uses and activities.--
                    (A) If after consultation the Pueblo of Sandia 
                denies its consent for a new use or activity within 30 
                days of the consultation, the Forest Service will not 
                be authorized to proceed with the activity or use. If 
                the Pueblo consents to the new use or activity in 
                writing or fails to respond within 30 days, the Forest 
                Service may proceed with the notice and comment process 
                and the environmental analysis.
                    (B) Before the Forest Service signs a Record of 
                Decision (ROD) or Decision Notice (DN) for a proposed 
                use or activity, the Forest Service will again request 
                Pueblo consent within 30 days of the Pueblo's receipt 
                of the proposed ROD or DN. If the Pueblo refuses to 
consent, the activity or use will not be authorized. If the Pueblo 
fails to respond to the consent request within 30 days after the 
proposed ROD or DN is provided to the Pueblo, the Pueblo will be deemed 
to have consented to the proposed ROD or DN and the Forest Service may 
proceed to issue the final ROD or DN.
            (3) Public involvement.--
                    (A) For proposed new and modified uses and 
                activities, the public shall be provided notice of--
                            (i) the purpose and need for the proposed 
                        action or activity,
                            (ii) the Pueblo's role in the decision-
                        making process, and
                            (iii) the Pueblo's position on the 
                        proposal.
                Any member of the public may file an action in the 
                United States District Court for the District of New 
                Mexico to challenge Forest Service determinations of 
                what constitutes a new or a modified use or activity.
    (b) Emergencies and Emergency Closure Orders.--The Forest Service 
shall retain its existing authorities to manage emergency situations, 
to provide for public safety, and to issue emergency closure orders in 
the Area subject to applicable law. The Forest Service shall notify the 
Pueblo of Sandia regarding emergencies, public safety issues, and 
emergency closure orders as soon as possible. Such actions are not 
subject to the Pueblo's right to withhold consent to new uses in the 
Area as set forth in section 5(a)(3)(i).
    (c) Disputes Involving Forest Service Management and Pueblo 
Traditional Uses.--
            (1) General.--In the event that Forest Service management 
        of the Area and Pueblo traditional and cultural uses conflict, 
        and the conflict does not pertain to new or modified uses 
        subject to the process set forth in subsection (a), the process 
        for dispute resolution set forth in this subsection shall take 
        effect.
            (2) Dispute resolution process.--(A) When there is a 
        dispute between the Pueblo and the Forest Service regarding 
        Pueblo traditional and cultural use and Forest Service 
        management of the Area, the party identifying the dispute shall 
        notify the other party in writing addressed to the Governor of 
        the Pueblo or the Regional Forester respectively, setting forth 
        the nature of the dispute. The Regional Forester or designee 
        and the Governor of the Pueblo or designee shall attempt to 
        resolve the dispute for no less than 30 days after notice has 
        been provided before filing an action in United States District 
        Court for the District of New Mexico.
            (B) Disputes requiring immediate resolution.--In the event 
        of a conflict that requires immediate resolution to avoid 
        imminent, substantial and irreparable harm, the party alleging 
        such conflict shall notify the other party and seek to resolve 
        the dispute within 3 days of the date of notification. If the 
        parties are unable to resolve the dispute within 3 days, either 
        party may file an action for immediate relief in federal court 
        in New Mexico, and the procedural exhaustion requirements set 
        forth above shall not apply.

SEC. 8. 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.
            (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. 9. 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 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, except that a tract comprised of approximately 35 contiguous, 
non-subdivided acres in the northern section of Evergreen Hills owned 
in fee by the Pueblo at the time of enactment of this Act, 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.
    (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 8 
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 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 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 
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.
    (f) Evergreen Hills Access.--The Secretary, consistent with section 
1323(a) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3210), shall ensure that Forest Service Road 333D, as depicted 
on the map, is maintained in an adequate condition consistent with the 
terms of section 1323(a) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3210).
    (g) Pueblo Fee Lands.--Those properties not specifically addressed 
in subsection (a) or (e) 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 in order 
                to provide for public access to the subdivisions, the 
                special use permit land and facilities, the other 
                leasehold and easement rights and interests of the 
                Sandia Peak Tram Company and its affiliates, 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 
                        and its affiliates, 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, the special 
        use permit lands, and Tierra Monte, including rights-of-way for 
        natural gas, power, water, telecommunications, and cable 
        television services. Such rights-of-way shall be within 
        existing utility corridors as depicted on the map or, for 
        certain water lines, as described in the existing grant of 
        easement to the Sandia Peak Utility Company; provided that use 
        of water line easements outside the utility corridors depicted 
        on the map shall not be used for utility purposes other than 
        water lines and associated facilities. 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;
            (2) a right-of-way for the extension of the Foothills Trail 
        (Trail No. 365A), as identified on the map; and
            (3) a right-of-way for that portion of the Piedra Lisa 
        North-South Trail (Trail No. 135) crossing the Piedra Lisa 
        tract, if the Pueblo ever acquires the Piedra Lisa tract.

SEC. 10. EXTINGUISHMENT OF CLAIMS.

    (a) General.--Except for the rights and interests in and to the 
Area specifically recognized in sections 4, 5, 8, and 9, 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 9, and it is 
the intent of Congress that those rights and interests may only be 
diminished by a future Act of Congress specifically authorizing 
diminishment of such rights, with express reference to this Act.

SEC. 11. CONSTRUCTION.

    (a) Strict Construction.--This Act recognizes only enumerated 
rights and interests, and no additional rights, interests, obligations, 
or duties shall be created by implication.
    (b) Existing Rights.--To the extent there exists within the Area at 
the time of enactment of this Act any valid private property rights 
associated with the Piedra Lisa tract or other private lands that are 
not otherwise addressed in this Act, such rights are not modified or 
otherwise affected by this Act, nor is the exercise of any such right 
subject to the Pueblo's right to the withhold consent to new uses in 
the Area as set forth in section 5(a)(3)(i).
    (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 8(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 
within the Area.
    (e) Federal Land Policy and Management Act.--Section 316 (43 U.S.C. 
1746) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) is amended by adding the following sentence at the end 
thereof: ``Any corrections authorized by this section which affect the 
boundaries of, or jurisdiction over, lands administered by another 
Federal agency shall be made only after consultation with, and the 
approval of, the head of such other agency.''.

SEC. 12. JUDICIAL REVIEW.

    (a) Enforcement.--Suit to enforce the provisions of this Act may be 
brought to the extent permitted under chapter 7 of title 5, United 
States 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, United States Code.
    (b) Waiver.--Suit may be brought against the Pueblo for declaratory 
judgment or injunctive relief under this Act, but no money damages, 
including costs or attorney's fees, may be imposed on the Pueblo as a 
result of such judicial action.
    (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. 13. EFFECTIVE DATE.

    The provisions of this Act 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, including such sums as 
may be necessary for the Forest Service to acquire ownership of lands 
within the external boundaries of the Area as authorized in subsection 
(d).
    (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 this 
        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.--In the event the Secretary purchases or 
otherwise acquires ownership of the Piedra Lisa tract, the Forest 
Service is authorized to transfer ownership of the Piedra Lisa tract to 
the Pueblo in exchange for lands of equal value owned by the Pueblo in 
fee within the subdivided portion of the Evergreen Hills subdivision or 
other land acceptable to the Secretary. Notwithstanding section 206(b) 
of the Federal Land Policy and Management Act (43 U.S.C. 1716(b)), the 
Secretary may either make or accept a cash equalization payment in 
excess of 25 percent of the total value of the lands or interests 
transferred out of Federal ownership. Any such exchange or conveyance 
shall be executed in compliance with all applicable laws except that 
the Secretary shall retain, without further appropriation, any cash 
equalization payment received from the Pueblo for the acquisition of 
land to be added to the Cibola National Forest.
    (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 inside of the exterior 
boundaries of the Area. The boundaries of the Cibola National Forest 
and the Area shall be adjusted to encompass any lands acquired pursuant 
to this section.
    (e) Reimbursement of Certain Costs.--
            (1) The Pueblo, the County of Bernalillo, New Mexico, and 
        any person who owns or has owned property inside of the 
        exterior boundaries of the area as designated on the map, and 
        who has incurred actual and direct costs as a result of 
        participating in the case of Pueblo of Sandia v. Babbitt, Civ. 
        No. 94-2624 HHG (D.D.C.), or other proceedings directly related 
        to resolving the issues litigated in that case, may apply for 
        reimbursement in accordance with this section. Costs directly 
        related to such participation which shall qualify for 
        reimbursement shall be--
                    (A) dues or payments to a homeowner association for 
                the purpose of legal representation; and
                    (B) legal fees and related expenses.
            (2) The reimbursement provided in this subsection shall be 
        in lieu of that which might otherwise be available pursuant to 
        the Equal Access to Justice Act (24 U.S.C. 2412).
            (3) The Secretary of the Treasury is authorized and 
        directed to make reimbursement payments as provided in this 
        section out of any money not otherwise appropriated.
            (4) Applications for reimbursement shall be filed within 
        180 days of the date of enactment of this Act with the 
        Department of the Treasury, Financial Management Service, 
        Washington, D.C.
            (5) In no event shall any one party be compensated in 
        excess of $750,000 and the total amount reimbursed pursuant to 
        this section shall not exceed $3,000,000.




                                                       Calendar No. 637

107th CONGRESS

  2d Session

                                S. 2018

                          [Report No. 107-285]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 7, 2002

Committee discharged pursuant to the order of March 14, 2002 and placed 
                            on the calendar