1.
This Act may be cited as the
Ojito Wilderness
Act
.
2.
In this Act:
(1)
The term map means the map entitled Ojito
Wilderness Act
and dated October 1, 2004.
(2)
The term Pueblo means the Pueblo of Zia.
(3)
The term Secretary means the Secretary of the
Interior.
(4)
The term State means the State of New Mexico.
3.
Designation of the Ojito Wilderness
(a)
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)
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)
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 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)
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)
(1)
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)
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)
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)
(A)
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)
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)
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.
4.
(a)
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)
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)
(1)
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)
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)
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)
(1)
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)
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)
(1)
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)
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)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)
(1)
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)
The Pueblo shall not assert sovereign immunity as a defense or
bar to a civil action brought under paragraph (1).
(3)
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.