[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3176 Reported in House (RH)]

                                                 Union Calendar No. 440
108th CONGRESS
  2d Session
                                H. R. 3176

                          [Report No. 108-717]

  To designate the Ojito Wilderness Study Area as wilderness, to take 
 certain land into trust for the Pueblo of Zia, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2003

  Mr. Udall of New Mexico (for himself and Mrs. Wilson of New Mexico) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

                            October 4, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 24, 2003]

_______________________________________________________________________

                                 A BILL


 
  To designate the Ojito Wilderness Study Area as wilderness, to take 
 certain land into trust for the Pueblo of Zia, 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 ``Ojito Wilderness Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of New 
        Mexico.
            (4) Map.--The term ``map'' means the map entitled ``Ojito 
        Wilderness Act'' and dated September 8, 2004.
            (5) Wilderness.--The term ``Wilderness'' means the Ojito 
        Wilderness designated under section 3(a).

SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.

    (a) In General.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness, 
and, therefore, as a component of the National Wilderness Preservation 
System, certain land in the Albuquerque District-Bureau of Land 
Management, New Mexico, which comprise approximately 11,183 acres, as 
generally depicted on the map, and which shall be known as the ``Ojito 
Wilderness''.
    (b) Map and Legal Description.--The map and a legal description of 
the Wilderness shall--
            (1) be filed by the Secretary with the Committee on Energy 
        and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives as soon as 
        practicable after the date of the enactment of this Act;
            (2) have the same force and effect as if included in this 
        Act, except that the Secretary may correct clerical and 
        typographical errors in the legal description and map; and
            (3) be on file and available for public inspection in the 
        appropriate offices of the Bureau of Land Management.
    (c) Management of Wilderness.--Subject to valid existing rights, 
the Wilderness shall be managed by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with 
respect to the Wilderness, any reference in the Wilderness Act to the 
effective date of the Wilderness Act shall be deemed to be a reference 
to the date of the enactment of this Act.
    (d) Management of Newly Acquired Land.--If acquired by the United 
States, the following land shall become part of the Wilderness and 
shall be managed in accordance with this Act and other laws applicable 
to the Wilderness:
            (1) Section 12 of township 15 north, range 01 west, New 
        Mexico Principal Meridian.
            (2) Any land within the boundaries of the Wilderness.
    (e) Management of Lands To Be Added.--The lands generally depicted 
on the map as ``Lands to be Added'' shall become part of the Wilderness 
if the United States acquires, or alternative adequate access is 
available to section 12 of township 15 north, range 01 west.
    (f) Release.--The Congress hereby finds and directs that the lands 
generally depicted on the map as ``Lands to be Released'' have been 
adequately studied for wilderness designation pursuant to section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) 
and no longer are subject to the requirement of section 603(c) of such 
Act (16 U.S.C. 1782(c)) pertaining to the management of wilderness 
study areas in a manner that does not impair the suitability of such 
areas for preservation as wilderness.
    (g) Grazing.--Grazing of livestock in the Wilderness, where 
established before the date of the enactment of this Act, shall be 
administered in accordance with the provisions of section 4(d)(4) of 
the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth 
in Appendix A of the Report of the Committee on Interior and Insular 
Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. 
Rept. 101-405).
    (h) Fish and Wildlife.--As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be 
construed as affecting the jurisdiction or responsibilities of the 
State with respect to fish and wildlife in the State.
    (i) Water.--Nothing in this section shall affect any existing valid 
water right.
    (j) Withdrawal.--Subject to valid existing rights, the Wilderness, 
the lands to be added under subsection (e), and lands authorized to be 
acquired by the Pueblo as generally depicted on the map are withdrawn 
from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (k) Exchange.--Not later than 3 years after the date of the 
enactment of this Act, the Secretary shall seek to complete an exchange 
for State land within the boundaries of the Wilderness.

SEC. 4. LAND HELD IN TRUST.

    (a) In General.--Subject to valid existing rights and the 
conditions under subsection (d), all right, title, and interest of the 
United States in and to the lands (including improvements, 
appurtenances, and mineral rights to the lands) generally depicted on 
the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia'' 
shall, on receipt of consideration under subsection (c) and adoption 
and approval of regulations under subsection (d), be declared by the 
Secretary to be held in trust by the United States for the Pueblo and 
shall be part of the Pueblo's Reservation.
    (b) Description of Lands.--The boundary of the lands authorized by 
this section for acquisition by the Pueblo where generally depicted on 
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road 
shall be 100 feet from the center line of the road.
    (c) Consideration.--
            (1) In general.--In consideration for the conveyance 
        authorized under subsection (a), the Pueblo shall pay to the 
        Secretary the amount that is equal to the fair market value of 
        the land conveyed, as subject to the terms and conditions in 
        subsection (d), as determined by an independent appraisal.
            (2) Appraisal.--To determine the fair market value, the 
        Secretary shall conduct an appraisal paid for by the Pueblo 
        that is performed in accordance with the Uniform Appraisal 
        Standards for Federal Land Acquisitions and the Uniform 
        Standards of Professional Appraisal Practice.
            (3) Availability.--Any amounts paid under paragraph (1) 
        shall be available to the Secretary, without further 
        appropriation and until expended, for the acquisition from 
        willing sellers of land or interests in land in the State.
    (d) Public Access.--
            (1) In general.--Subject to paragraph (2), the declaration 
        of trust and conveyance under subsection (a) shall be subject 
        to the continuing right of the public to access the land for 
        recreational, scenic, scientific, educational, paleontological, 
        and conservation uses, subject to any regulations for land 
        management and the preservation, protection, and enjoyment of 
        the natural characteristics of the land that are adopted by the 
        Pueblo and approved by the Secretary; Provided that the 
        Secretary shall ensure that the rights provided for in this 
        paragraph are protected and that a process for resolving any 
        complaints by an aggrieved party is established.
            (2) Conditions.--Except as provided in subsection (f)--
                    (A) In general.--The land conveyed under subsection 
                (a) shall be maintained as open space, and the natural 
                characteristics of the land shall be preserved in 
                perpetuity.
                    (B) Prohibited uses.--The use of motorized vehicles 
                (except on existing roads or as is necessary for the 
                maintenance and repair of facilities used in connection 
                with grazing operations), mineral extraction, housing, 
                gaming, and other commercial enterprises shall be 
                prohibited within the boundaries of the land conveyed 
                under subsection (a).
    (e) Rights of Way.--
            (1) Existing rights of way.--Nothing in this section shall 
        affect--
                    (A) any validly issued right-of-way, or the renewal 
                thereof; or
                    (B) the access for customary construction, 
                operation, maintenance, repair, and replacement 
                activities in any right-of-way issued, granted, or 
                permitted by the Secretary.
            (2) New rights of way and renewals.--
                    (A) In general.--The Pueblo shall grant any 
                reasonable requests for rights-of-way for utilities and 
                pipelines over land acquired under subsection (a) that 
                is designated as the Rights-of-Way corridor #1 as 
                established in the Rio Puerco Resource Management Plan 
                in effect on the date of the grant.
                    (B) Administration.--Any right-of-way issued or 
                renewed after the date of the enactment of this Act 
                over land authorized to be conveyed by this section 
                shall be administered in accordance with the rules, 
                regulations, and fee payment schedules of the 
                Department of the Interior, including the Rio Puerco 
                Resources Management Plan in effect on the date of 
                issuance or renewal of the right-of-way.
    (f) Judicial Relief.--
            (1) In general.--To enforce subsection (d), any person may 
        bring a civil action in the United States District Court for 
        the District of New Mexico seeking declaratory or injunctive 
        relief.
            (2) Sovereign immunity.--The Pueblo shall not assert 
        sovereign immunity as a defense or bar to a civil action 
        brought under paragraph (1).
            (3) Effect.--Nothing in this section--
                    (A) authorizes a civil action against the Pueblo 
                for money damages, costs, or attorneys fees; or
                    (B) except as provided in paragraph (2), abrogates 
                the sovereign immunity of the Pueblo.




                                                 Union Calendar No. 440

108th CONGRESS

  2d Session

                               H. R. 3176

                          [Report No. 108-717]

_______________________________________________________________________

                                 A BILL

  To designate the Ojito Wilderness Study Area as wilderness, to take 
 certain land into trust for the Pueblo of Zia, and for other purposes.

_______________________________________________________________________

                            October 4, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed