[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Enrolled Bill (ENR)]


        S.156

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
  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) Map.--The term ``map'' means the map entitled ``Ojito 
    Wilderness Act'' and dated October 1, 2004.
        (2) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (4) State.--The term ``State'' means the State of New Mexico.

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 comprises 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 area designated by this Act 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 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 area designated by this Act 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 area 
designated by this Act, 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.--If acquired by the United 
States, the following land shall become part of the wilderness area 
designated by this Act and shall be managed in accordance with this Act 
and other applicable law:
        (1) Section 12 of township 15 north, range 01 west, New Mexico 
    Principal Meridian.
        (2) Any land within the boundaries of the wilderness area 
    designated by this Act.
    (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 
area designated by this Act if the United States acquires, or 
alternative adequate access is available to, section 12 of township 15 
north, range 01 west, New Mexico Principal Meridian.
    (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 (43 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 area 
designated by this Act, 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)) 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 Rights.--
        (1) Findings.--Congress finds that--
            (A) the land designated as wilderness by this Act is arid 
        in nature and is generally not suitable for use or development 
        of new water resource facilities; and
            (B) because of the unique nature and hydrology of the 
        desert land designated as wilderness by this Act, it is 
        possible to provide for proper management and protection of the 
        wilderness and other values of lands in ways different from 
        those used in other legislation.
        (2) Statutory construction.--Nothing in this Act--
            (A) shall constitute or be construed to constitute either 
        an express or implied reservation by the United States of any 
        water or water rights with respect to the land designated as 
        wilderness by this Act;
            (B) shall affect any water rights in the State existing on 
        the date of enactment of this Act, including any water rights 
        held by the United States;
            (C) shall be construed as establishing a precedent with 
        regard to any future wilderness designations;
            (D) shall affect the interpretation of, or any designation 
        made pursuant to, any other Act; or
            (E) shall be construed as limiting, altering, modifying, or 
        amending any of the interstate compacts or equitable 
        apportionment decrees that apportion water among and between 
        the State and other States.
        (3) State water law.--The Secretary shall follow the procedural 
    and substantive requirements of the law of the State in order to 
    obtain and hold any water rights not in existence on the date of 
    enactment of this Act with respect to the wilderness area 
    designated by this Act.
        (4) New projects.--
            (A) Water resource facility.--As used in this subsection, 
        the term ``water resource facility''--
                (i) means irrigation and pumping facilities, 
            reservoirs, water conservation works, aqueducts, canals, 
            ditches, pipelines, wells, hydropower projects, and 
            transmission and other ancillary facilities, and other 
            water diversion, storage, and carriage structures; and
                (ii) does not include wildlife guzzlers.
            (B) Restriction on new water resource facilities.--Except 
        as otherwise provided in this Act, on and after the date of 
        enactment of this Act, neither the President nor any other 
        officer, employee, or agent of the United States shall fund, 
        assist, authorize, or issue a license or permit for the 
        development of any new water resource facility within the 
        wilderness area designated by this Act.
    (j) Withdrawal.--Subject to valid existing rights, the wilderness 
area designated by this Act, the lands to be added under subsection 
(e), and lands identified on the map as the ``BLM Lands Authorized to 
be Acquired by the Pueblo of Zia'' 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 enactment 
of this Act, the Secretary shall seek to complete an exchange for State 
land within the boundaries of the wilderness area designated by this 
Act.

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 (e)--
            (A) the land conveyed under subsection (a) shall be 
        maintained as open space and the natural characteristics of the 
        land shall be preserved in perpetuity; and
            (B) 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 
        request for rights-of-way for utilities and pipelines over the 
        land acquired under subsection (a) that is designated as the 
        ``Rights-of-Way corridor #1'' in the Rio Puerco Resource 
        Management Plan that is in effect on the date of the grant.
            (B) Administration.--Any right-of-way issued or renewed 
        after the date of enactment of this Act located on land 
        authorized to be acquired under 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 that is 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.