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
comprises approximately 11,183
acres, as generally depicted on the map, and which shall be known as the
Ojito Wilderness
.
(b)Map and legal
descriptionThe 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 landIf 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 AddedThe 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)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 facilitiesExcept 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)
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)
(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.