[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 222 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 222
To establish the T'uf Shur Bien Preservation Trust Area in the Cibola
National Forest, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mrs. Wilson of New Mexico (for herself, Mr. Pearce, and Mr. Udall of
New Mexico) introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To establish the T'uf Shur Bien Preservation Trust Area in the Cibola
National Forest, 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 System lands 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, except that the
term excludes the subdivisions, Pueblo-owned lands, the crest
facilities, and the special use permit lands.
(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
along terrain 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) 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.
(5) 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.
(6) Map.--The term ``map'' means the Forest Service map
entitled ``T'uf Shur Bien Preservation Trust Area'', dated
April 2000.
(7) 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.
(8) 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.).
(9) 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.
(10) Pueblo.--The term ``Pueblo'' means the Pueblo of
Sandia in its governmental capacity.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, except where otherwise expressly indicated.
(12) 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.
(13) 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.
(14) Subdivisions.--The term ``subdivisions'' means the
subdivisions of Sandia Heights Addition, Sandia Heights North
Units I, II, and 3, Tierra Monte, Valley View Acres, and
Evergreen Hills, as well as any additional plats and privately
owned properties depicted on the map.
(15) 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 9,890
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.
(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), 9(e), 14(c) and 14(d) 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, 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 the Mining Law of 1872 (30 U.S.C. 22).
(g) No Modification of Boundaries.--Creation of the T'uf Shur Bien
Preservation Trust Area shall not affect the boundaries of, nor 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 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);
(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; and
(5) Such other rights and interests as are enumerated and
recognized in sections 4, 5(c), 7, 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 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 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. MANAGEMENT OF THE AREA.
(a) Process.--
(1) General.--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 proposed 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.--For proposed new and modified uses
and activities, the public shall be provided notice of--
(A) the purpose and need for the proposed action or
activity,
(B) the Pueblo's role in the decision-making
process, and
(C) the Pueblo's position on the proposal.
(4) Challenge.-- Any person 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 the United States District Court for the
District of 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 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 regulations 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: Provided that any hunting and trapping
conducted by Pueblo members as a traditional and
cultural use within the Area, excluding that part of
the Area contained within Sections 13, 14, 23, 24, and
the northeast quarter of Section 25 of T12N, R4E, and
Section 19 of T12N, R5E, N.M.P.M., Sandoval County, New
Mexico, shall be regulated by the Pueblo in a manner
consistent with the regulations of the State of New
Mexico concerning types of weapons and proximity of
hunting and trapping to trails and residences.
(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 upon application of the Pueblo 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.
The Pueblo shall transfer the Piedra Lisa tract to the United States to
be held in trust for the Pueblo by the United States and administered
by the Secretary of the Interior 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.
(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
land 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.--The La Luz tract now owned in fee by the Pueblo
is excluded from the Area and upon application by the Pueblo 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
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 subsections (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) Except as provided in the Settlement
Agreement, existing rights-of-way or leasehold
interests and obligations held by the Sandia
Peak Tram Company and its affiliates, shall be
preserved, protected, and unaffected by this
Act.
(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 III, the
special use permit lands, Tierra Monte, and Valley View Acres,
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.
SEC. 10. EXTINGUISHMENT OF CLAIMS.
(a) General.--Except for the rights and interests in and to the
Area specifically recognized in sections 4, 5, 7, 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.--Any Pueblo claims to right, title and interest
of any kind, including aboriginal claims, in and to the subdivisions
and property interests therein (except for land owned in fee by the
Pueblo as of the date of enactment of this Act), 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
subsections (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 to 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 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
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)(2)(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 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746) is
amended by adding at the end the following new sentence: ``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.
(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, or
other interest in, 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.--Within 180 days after the date of enactment of
this Act, after consultation with the Pueblo, the Secretary is directed
in accordance with applicable laws to prepare and offer a land exchange
of National Forest lands outside the Area and contiguous to the
northern boundary of the Pueblo``s Reservation within sections 10, 11,
and 14 of T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding
Wilderness land, for lands owned by the Pueblo in the Evergreen Hills
subdivision in Sandoval County contiguous to National Forest land, and
the La Luz tract in Bernalillo County. 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 funds received by the
Secretary as a result of the exchange shall be deposited in the fund
established under the Act of December 4, 1967, known as the Sisk Act
(16 U.S.C. 484a), and shall be available to purchase non-Federal lands
within or adjacent to the National Forests in the State of New Mexico.
All lands exchanged or conveyed to the Pueblo are hereby declared to be
held in trust for the Pueblo by the United States and added to the
Pueblo''s Reservation subject to all existing and outstanding rights
and shall remain in their natural state and shall not be subject to
commercial development of any kind. Lands exchanged or conveyed to the
Forest Service shall be subject to all limitations on use pertaining to
the Area under this Act. If the land exchange offer is not made within
180 days after the date of enactment of this Act, the Secretary shall
submit 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, a report explaining the reasons for the failure to
make the offer including an assessment of the need for any additional
legislation that may be necessary for the exchange. If additional
legislation is not necessary, the Secretary, consistent with this
section, should proceed with the exchange pursuant to existing law.
(d) Land Acquisition.--
(1) The Secretary is authorized to acquire lands owned by
the Pueblo within the Evergreen Hills Subdivision in Sandoval
County on 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.
(2) The Secretary shall compensate the Pueblo for the fair
market value of--
(A) the right-of-way established pursuant to
section 9(i)(3); and
(B) the conservation easement established by the
limitations on use of the Piedra Lisa tract pursuant to
section 9(b).
(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. Babbit, 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, DC.
(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.
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