[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 156
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
January 25, 2005
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. 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 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 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.
(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 (f)--
(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.
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