[Congressional Record Volume 151, Number 103 (Tuesday, July 26, 2005)]
[Senate]
[Pages S9021-S9023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          OJITO WILDERNESS ACT

  The Senate proceeded to consider the bill (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, which had been 
reported from the Committee on Energy and Natural Resources, with 
amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                 S. 156

       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] 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

[[Page S9022]]

     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)] 
     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.
  The committee amendments were agreed to.
  The bill (S. 156), as amended, was read the third time and passed, as 
follows:

                                 S. 156

       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.

[[Page S9023]]

       (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.

                          ____________________