[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1649 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1649

  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 SENATE OF THE UNITED STATES

                           September 24, 2003

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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. FINDINGS.

    Congress finds that--
            (1) the Ojito Wilderness Study Area, located in Sandoval 
        County, New Mexico, contains dramatic landforms and rock 
        structures, multicolored badlands, expansive plateaus and mesa 
        tops, and a high density of cultural and archaeological sites, 
        paleontological resources, and diverse plant and animal 
        species;
            (2) the Bureau of Land Management evaluated the Ojito area 
        and found that the area has sufficient land area and natural 
        characteristics to qualify for full wilderness status and 
        protection;
            (3) in 1992, President George H.W. Bush concurred with the 
        recommendation of Secretary of the Interior Manuel Lujan, Jr., 
        that Congress designate the Ojito Wilderness based on the high 
        quality wilderness values, close proximity to the Albuquerque 
        and Santa Fe population centers, cultural and paleontological 
        special features, and the lack of resource conflicts in the 
        area;
            (4) the Pueblo of Zia has worked in cooperation with other 
        interested parties to reach an agreement under which the Pueblo 
        would acquire public land adjacent to the Zia Reservation and 
        the Ojito Wilderness Study Area that would--
                    (A) enhance the protections for the land in the 
                Ojito area; and
                    (B) ensure that the land will remain open to the 
                public for recreational, scenic, scientific, 
                educational, paleontological, and conservation uses; 
                and
            (5) the transfer of certain parcels of public land to the 
        Pueblo of Zia and the designation of the Ojito Wilderness as a 
        component of the National Wilderness Preservation System--
                    (A) is in the best interest of people of the State 
                of New Mexico and people from other States;
                    (B) would preserve and maintain the Ojito as an 
                enduring resource of wilderness; and
                    (C) would provide for the management and promotion 
                of the wilderness character and various resources of 
                the Ojito area for wildlife habitat protection, scenic 
                and historic preservation, scientific research and 
                education, primitive recreation, solitude, and 
                inspiration for present and future generations of the 
                people of the United States.

SEC. 3. 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) Trust area map.--The term ``Trust Area map'' means the 
        map entitled ``Lands Transferred to Pueblo of Zia--Proposed'', 
        numbered ____, and dated ____________.
            (5) Wilderness.--The term ``Wilderness'' means the Ojito 
        Wilderness designated under section 4.
            (6) Wilderness map.--The term ``Wilderness map'' means the 
        map entitled ``Ojito Wilderness Study Area: Ojito Proposal'', 
        numbered NM-010-024, and dated April 1990.

SEC. 4. 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 components of the National Wilderness Preservation 
System, certain land in the Albuquerque District-Bureau of Land 
Management, New Mexico, which comprise approximately 10,903 acres, as 
generally depicted on the Wilderness map, and which shall be known as 
the ``Ojito Wilderness''.
    (b) Map and Legal Description.--The Wilderness 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 Wilderness 
        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, as appropriate, 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 enactment of this Act.
    (d) Management of Newly Acquired Land.--Any land within the 
boundaries of the Wilderness that is acquired by the Federal Government 
shall become part of the Wilderness within which the land is located 
and shall be managed in accordance with this Act and other laws 
applicable to the Wilderness.
    (e) Grazing.--Grazing of livestock in the Wilderness, where 
established before the date of 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)).
    (f) 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.

SEC. 5. 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 Trust Area map 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) Map and Legal Description.--The Trust Area map and a legal 
description of the land described in subsection (a) 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 Trust Area 
        map; and
            (3) be on file and available for public inspection in the 
        appropriate offices of the Bureau of Land Management.
    (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) 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.
            (2) Conditions.--
                    (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) 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.
    (f) Effect.--Nothing in this section shall have the effect of 
terminating or affecting the renewal of any validly issued right-of-way 
or the customary operation, maintenance, repair, and replacement 
activities in such right-of-way, issued, granted, or permitted by the 
Secretary on the date of enactment of this Act.
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