[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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