[Congressional Record Volume 151, Number 132 (Tuesday, October 18, 2005)]
[House]
[Pages H8871-H8873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H8871]]
OJITO WILDERNESS ACT
Mrs. MUSGRAVE. Madam Speaker, I move to suspend the rules and pass
the Senate 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.
The Clerk read 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.
(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
[[Page H8872]]
(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 SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Colorado (Mrs. Musgrave) and the gentleman from New Mexico (Mr. Udall)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Colorado (Mrs. Musgrave).
General Leave
Mrs. MUSGRAVE. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Colorado?
There was no objection.
Mrs. MUSGRAVE. Madam Speaker, I yield myself such time as I may
consume.
{time} 1330
Madam Speaker, S. 156, introduced by Senator Bingaman of New Mexico,
and a companion to H.R. 362 sponsored by the gentleman from New Mexico
(Mr. Udall) would designate approximately the 11,000-acre Ojito
Wilderness Area in Sandoval County, New Mexico, as wilderness. This
Federal land was determined by the Bureau of Land Management in 1991 as
suitable for wilderness designation. This bill would also take certain
land into trust for the Pueblo of Zia to protect its religious and
cultural sites in Zia.
Madam Speaker, S. 156 is supported by the majority and the minority
of the administration. I urge adoption of the bill.
Madam Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Madam Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Madam Speaker, we support passage of S. 156,
the Ojito Wilderness Act. This bill designates the Ojito Wilderness
Study Area, an area totaling approximately 11,000 acres, as a permanent
wilderness to be protected pursuant to the 1964 Wilderness Act. The
bill also provides for the purchase and transfer of adjacent Bureau of
Land Management lands to the Pueblo of Zia. These lands, totaling
approximately 13,000 acres, are contiguous to the current boundaries of
the Pueblo. This area will be taken into trust and held for the benefit
of the Pueblo by the Secretary of the Interior, and will be managed in
perpetuity by the Pueblo as wilderness.
As the lead co-sponsor in the House, I would like to take this
opportunity to greatly acknowledge my colleague from New Mexico (Mrs.
Wilson) and fellow co-sponsor. I thank the gentleman from California
(Mr. Pombo) and the gentleman from West Virginia (Mr. Rahall), the
chairman and ranking member of the Committee on Resources, for bringing
the Ojito Wilderness Act to the floor. This bipartisan, bicameral
legislation is the result of good-faith collaboration and cooperation
among many people in New Mexico and among many of us here in the United
States Congress. This is truly a compromise bill. I encourage my
colleagues to support it.
I am proud to say that New Mexicans recognize how vitally important
it is to protect natural areas, to encourage the stainable use of our
State's natural resources, and to honor the role land plays in the
lives of Native Americans. As this Ojito legislation demonstrates, with
creativity and cooperation, we can find solutions compatible with all
of these necessities.
This proposal has been under consideration for many years. In 1991
Manuel Lujan, the Secretary of the Interior in the former President
Bush's Cabinet, recommended the Ojito area to Congress for wilderness
designation. The BLM has evaluated this area and found it qualifies for
full wilderness status and protection.
The legislation has the explicit support of the Governor of New
Mexico, the counties of Sandoval and Bernalillo, individual members of
the State government, including our State Land Commissioner Patrick
Lyons, the Pueblo of Zia and its members, the adjacent private land
owners and ranchers who graze their cattle on the land, numerous
environmental groups, and business owners and private citizens living
and working nearby.
The Ojito Wilderness Study Area is characterized by pristine and
dramatic landforms and rock structures and by several rare plant
populations that are indigenous to the area. Ojito is also recognized
for its high density of cultural and archeological sites, including
sites that have religious significance to Pueblo Indians.
This legislation is of particular importance for the Pueblo of Zia.
The Pueblo's reservation lands currently lie in two noncontiguous
sections. Zia has made a concerted effort over years to adjoin its
reservation lands. This legislation will help make that long-standing
goal a reality. The Pueblo has consistently and openly worked in
cooperation with other interested parties to reach a mutually
satisfactory arrangement for the protection of these important lands as
undeveloped open space with continued public access. And, in an
additional gesture of good faith, the Pueblo has waived its sovereign
immunity from suit for matters arising under the provisions of this
bill.
Considering the above, I think this bill does the right thing by
ensuring the preservation, protection, and public accessibility of this
special area of New Mexico for future generations of Americans. Allow
me to express a special thanks to New Mexico Senators Bingaman and
Domenici, the sponsors of this bill in the Senate. Let me further
express my gratitude to the Governor of Zia, Zia Pueblo, Teofilo Pino,
and to the Pueblo's former Governor and current Tribal Administrator
Peter Pino, and also to Martin Heinrich, Albuquerque City Councilor and
long-time volunteer for the Coalition for New Mexico's Wilderness for
their strong and fair efforts in reaching a meaningful and positive
compromise.
I would also like to fondly acknowledge my Senior Legislative
Assistant Johanna Polsenberg and my field representative Sarah Cobb as
well as Rick Healy and Rob Howarth on the Committee on Resources for
their tireless and dedicated work on this important and far-sighted
legislation.
Finally, I would like to thank my father, Stewart Udall, for his work
over 40 years ago on the enactment of the Wilderness Act during his
tenure as Secretary of the Interior. It is with the deepest respect and
awe in the warp and weft of history that I might find myself on the
floor of the House today honoring my father's legacy and his tremendous
dedication to ensuring the preservation of wilderness, as stated in the
act itself, lands ``in contrast to those areas where man and his works
dominate the landscape, where the Earth and its communities of life are
untrammeled by man.''
[[Page H8873]]
Madam Speaker, I reserve the balance of my time.
Mrs. MUSGRAVE. Madam Speaker, I yield such time as she may consume to
the gentlewoman from New Mexico (Mrs. Wilson).
Mrs. WILSON of New Mexico. Madam Speaker, in the 108th Congress the
gentleman from New Mexico (Mr. Udall) introduced and we passed through
this House legislation almost identical to this and we reintroduced it
in this Congress. It has had a companion bill in the Senate which has
now passed the Senate. And after conferring with the committee and with
the gentleman from New Mexico (Mr. Udall) we decided to take up the
Senate version of the bill in this House rather than passing the House
bill because that means that the next stop for this legislation is the
President's desk.
The bill that the gentleman and I pass today will not have the
gentleman's name on it, but it certainly is a result of his leadership
that was brought here to the floor of the House, and I want to commend
the gentleman from New Mexico (Mr. Udall).
I also wanted to commend Johanna Polsenberg for her work on this
piece of legislation. It has been a real joy to work with her. And my
staff member, Colin Hunter, I think also deserves some credit. Without
the two of them, all of the little things that had to get done would
have been left to others and might not have gotten done. So they have
had a tremendous impact. I also thank the gentleman from New Mexico
(Mr. Udall) very much for his leadership.
This legislation is locally developed and locally supported. It is
the result of a decade of work by the BLM and the Zia Pueblo and the
State office working out all the little details of rights-of-way and
lands transfers and where the fences go and who has what rights where.
It is a very balanced bill that puts into law the Ojito Wilderness, an
11,000-acre piece of land, that will be protected 40 miles northwest of
Albuquerque, New Mexico.
As the gentleman from New Mexico (Mr. Udall) mentioned, Manuel Lujan
was the one who was the Secretary of the Interior when he recommended
to the Congress that this piece of land should be set aside as an
appropriate area for wilderness. The other thing that it does that I
think is very important and has become important to all of us is that
it allows for the purchase and transfer of BLM lands to Zia Pueblo.
These lands will continue to have public access under the statute and
remain undeveloped, but it will allow the Pueblo of Zia to unify its
Pueblo and to connect the two noncontiguous areas of lands that are now
part of its Pueblo.
I think one of the things that is wonderful about these jobs that we
have the honor to hold is the opportunity to work with interesting
people who are committed to different projects around our States and
around the Nation. There are a lot of people who deserve thanks for
making this legislation a reality today, certainly the gentleman from
California (Mr. Pombo) and the gentleman from California (Mr.
Radanovich) for their support and their staff support in getting this
worked out and worked through, and of course our staffs and the
gentleman from New Mexico's leadership on this.
I think I would also like to recognize some New Mexicans. As I
mentioned, this was locally developed and locally supported. Successive
Governors and Tribal Council members of Zia Pueblo took a leadership
role early on, including the current Governor, Teofilo Pino, and his
predecessor and long-time Tribal Administrator Governor Peter Pino and
their Counsel, David Mielke.
I think we would probably agree that one of the most colorful,
interesting characters in New Mexico is Peter Pino. I could sit and
listen to stories from him for a long time. He has taught us so very
much.
Additionally, I would like to thank Oscar Simpson of the New Mexico
Wildlife Federations, Stephen Capra of the New Mexico Wilderness
Alliance, Melyssa Watson of the Wilderness Support Center, and former
and current Chair of the Coalition for New Mexico Wilderness, Jim
Scarantino and Arturo Sandoval, and former Sandoval County Commissioner
Daymon Ely. Linda Rundell and Lisa Morrison from the BLM and Patrick
Lyons, the State Land Commissioner, were also very, very helpful in
this legislation.
Finally, I would also like to thank Albuquerque City Councilor Martin
Heinrich, who from the very beginning has been instrumental in ironing
out the little problems that come up, working through issues associated
with this legislation, and making things happen.
I think, as you can see, when things are successful there are a lot
of people involved behind the scenes making them happen, and without
them this legislation would not be here on the floor of the House
today. I am very pleased that the Ojito Wilderness is going to get the
permanent wilderness designation that it deserves and the Pueblo of Zia
is going to achieve its long-sought transfer of important and ancestral
lands that will unite two noncontiguous areas of its reservation.
Mr. UDALL of New Mexico. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mrs. MUSGRAVE. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion
offered by the gentlewoman from Colorado (Mrs. Musgrave) that the House
suspend the rules and pass the Senate bill, S. 156.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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