[Senate Report 107-285]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-285

======================================================================



 
               T'UF SHUR BIEN PRESERVATION TRUST AREA ACT

                                _______
                                

               September 17, 2002.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2018]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2018) to establish the T'uf Shur Bien 
Preservation Trust Area within the Cibola National Forest in 
the State of New Mexico to resolve a land claim involving the 
Sandia Mountain Wilderness, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause in insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``T'uf Shur Bien Preservation Trust 
Area Act'.

SEC.2. FINDING AND STATEMENT OF PURPOSE.

    (a) Finding.--The Congress finds that in 1748, the pueblo of Sandia 
received a grant from a representative of the King of Spain, which 
grant was recognized and confirmed by Congress in 1858 (11 Stat. 374). 
In 1994, the Pueblo filed a lawsuit against the Secretary of the 
Interior and the Secretary of Agriculture in the U.S. District Court 
for the District of Columbia, Civil No. 1:94CV02624, asserting that 
federal surveys of the grant boundaries erroneously excluded certain 
lands within the Cibola national Forest, including a portion of the 
Sandia Mountain Wilderness;
    (b) Purposes.--The purposes of this Act are to--
          (1) establish the T'uf Shur Bien Preservation Trust Area in 
        the Cibola National Forest;
          (2) confirm the status of National Forest and Wilderness 
        lands in the Area while resolving issues associated with the 
        Pueblo's lawsuit and the opinions of the Solicitor of the 
        Department of the Interior dated December 9, 1988 (M-36963; 96 
        I.D. 331) and January 19, 2001 (M-37002); and
          (3) provide the Pueblo, parties involved in the litigation, 
        and the public with a fair and just settlement of the Pueblo's 
        claim.

SEC. 3 DEFINITIONS.

    For purposes of this Act:
          (1) Area.--The term ``Area'' means the T'uf Shur Bien 
        Preservation Trust Area as depicted on the map, and excludes 
        the subdivisions and other privately and publicly owned lands 
        as set forth in this Act.
          (2) Crest facilities.--The term ``crest facilities'' means 
        all facilities and developments located on the crest of Sandia 
        Mountain, including the Sandia crest Electronic Site; 
        electronic site access roads; the crest House; the upper 
        terminal, restaurant, and related facilities of Sandia Peak 
        Tram Company; the Crest Observation Area; parking lots; 
        restrooms; the Crest Trail (Trail No. 130); hang glider launch 
        sites; and the Kiwanis cabin; as well as the lands upon which 
        such facilities are located and the lands extending 100 feet to 
        the west of each such facility, unless a different distance is 
        agreed to in writing between the Forest Service and the Pueblo 
        and documented in the survey of the Area.
          (3) Existing uses and activities.--The term ``existing uses 
        and activities'' means uses and activities occurring in the 
        Area on the date of enactment of this Act, or which have been 
        authorized in the Area after November 1, 1995 but before the 
        date of enactment of this Act.
          (4) Forest service.--The term ``Forest Service'' means the 
        U.S. Forest Service.
          (5) La Luz tract.--The term ``La Luz tract'' means that tract 
        comprised of approximately 31 acres of land owned in fee by the 
        Pueblo and depicted on the map.
          (6) Local public bodies.--The term ``local public bodies'' 
        means political subdivisions of the State of New Mexico as 
        defined in New Mexico Code Sec. 6-5-1.
          (7) Map.--The term ``map'' means the Forest Service map 
        entitled ``T'uf Shur Bien Preservation Trust Area,'' dated 
        April 2000.
          (8) Modified uses or activities.--The term ``modified uses or 
        activities'' means existing uses which are being modified or 
        re-configured, but which are not being significantly expanded, 
        including a trail or trailhead being modified, such as to 
        accommodate handicapped access, a parking area being 
        reconfigured though not expanded, or a special use 
        authorization for a group recreation activity being authorized 
        for a different use area or time period.
          (9) New uses or activities.--The term ``new uses or 
        activities'' means uses or activities not occurring in the Area 
        on the date of enactment of this Act, as well as existing uses 
        or activities that are being modified such that they 
        significantly expand or alter their previous scope, dimensions, 
        or impacts on the land, water, air and/or wildlife resources of 
        the Area. New uses and activities do not apply to new uses or 
        activities that are categorically excluded from documentation 
        requirements pursuant to the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.), or to activities undertaken 
        to comply with the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.).
          (10) Piedra lisa tract.--the term ``Piedra Lisa tract'' means 
        that tract comprised of approximately 160 acres of land held in 
        private ownership and depicted on the map.
          (11) Pueblo.--The term ``Pueblo'' means the Pueblo of Sandia 
        in its governmental capacity.
          (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, except where otherwise expressly indicated.
          (13) Settlement agreement.--The term ``Settlement Agreement'' 
        means the Agreement of Compromise and Settlement dated April 4, 
        2000, between the United States, the Pueblo, and the Sandia 
        Peak Tram Company.
          (14) Special use permit.--The term ``special use permit'' 
        means the December 1, 1993, Special Use Permit issued by the 
        Forest Service to Sandia Peak Tram Company and Sandia Peak Ski 
        Company, encompassing approximately 46 acres of the corridor 
        presently dedicated to aerial tramway use, and approximately 
        945 acres of the ski area, as well as the lands described 
        generally in Exhibit A to the December 31, 1993, Special Use 
        Permit, including the maintenance road to the lower tram tower, 
        water storage and distribution facilities, seven helispots, and 
        the other lands described therein.
          (15) Subdivisions.--The term ``subdivisions'' means the 
        subdivisions of Sandia Heights Addition, Sandia Heights North 
        Units I, II, and 3, Tierra Monte, and Evergreen Hills, as well 
        as any additional plats and privately owned properties depicted 
        on the map, exclusive of the property now owned or hereafter 
        acquired by the Pueblo or the Forest Service in the 
        subdivisions.
          (16) Traditional and cultural uses.--The terms ``traditional 
        and cultural uses'' and ``traditional and cultural purposes'' 
        means ceremonial activities, including the placing of 
        ceremonial materials in the Area, and the use, hunting, 
        trapping or gathering of plants, animals, wood, water, and 
        other natural resources, but only for non-commercial purposes.

SEC. 4. T'UF SHUR BIEN PRESERVATION TRUST AREA.

  (a) Establishment.--The T'uf Shur Bien Preservation Trust Area is 
established within the Cibola National Forest and the Sandia Mountain 
Wilderness as depicted on the map:
          (1) to recognize and protect in perpetuity the Pueblo's 
        rights and interests in and to the Area, as specified in 
        section 5(a) of this Act;
          (2) to preserve in perpetuity the Wilderness and National 
        Forest character of the Area; and
          (3) to recognize and protect in perpetuity the public's 
        longstanding use and enjoyment of the Area.
    (b) Administration and Applicable Law.--The Secretary, acting 
through the Forest Service, shall continue to administer the Area as 
part of the National Forest System and incorporate the provisions of 
this Act affecting management of the Area, including section 5(a)(3) 
and section 7.
    (c) Exceptions.--
          (1) Traditional and cultural uses by Pueblo members and 
        members of other federally recognized Indian tribes authorized 
        to use the Area by the Pueblo under section 5(a)(4) of this act 
        shall not be restricted except by the Wilderness Act and its 
        regulations as they exist on the date of enactment of this Act 
        and by applicable federal wildlife protection laws as provided 
        in section 6(a)(2) of this Act.
          (2) To the extent that laws enacted or amended after the date 
        of this act are inconsistent with this act, they shall not 
        apply to the Area unless expressly made applicable by Congress.
          (3) The use of the word ``Trust'' in the name of the Area is 
        in recognition of the Pueblo's specific rights and interests in 
        the Area, and does not confer upon the Pueblo the ownership 
        interest that exists when the Secretary of the Interior accepts 
        the title to land in trust for the benefit of an Indian tribe.
    (d) Area Defined.--
          (1) The Area shall be comprised of approximately 9890 acres 
        of land within the Cibola National Forest as depicted on the 
        map.
          (2) As soon as practicable after enactment of this Act, the 
        Secretary shall file the map and a legal description of the 
        Area with the Committee on Resources of the House of 
        Representatives and with the Committee on Energy and natural 
        Resources of the Senate. The map and legal description shall be 
        on file and available for public inspection in the Office of 
        the Chief of the Forest Service, Department of Agriculture, 
        Washington, District of Columbia.
          (3) Such map and legal description shall have the same force 
        and effect as if included in this Act, except that
                  (A) clerical and typographical errors shall be 
                corrected;
                  (B) changes that may be necessary pursuant to section 
                9(b), 9(d), and 9(e) shall be made; and
                  (C) to the extent the map and the language of this 
                Act conflict, the language of the Act controls.
    (e) No Conveyance of Title.--The United States' right, title and 
interest in or to the Area or any part thereof shall not be conveyed to 
or exchanged with any person, trust, or governmental entity, including 
the Pueblo, without specific authorization of Congress.
    (f) Prohibited Uses.--Notwithstanding any other provision of law, 
no use prohibited by the Wilderness Act as of the date of enactment of 
this Act may occur in the Washington portion of the Area; nor may any 
of the following uses occur in any portion of the Area: gaming or 
gambling of any kind, mineral production, timber production, and new 
uses or activities to which the Pueblo objects pursuant to section 
5(a)(3) of this Act. The Area is closed to the location of mining 
claims under the Mining Law of 1872 (30 U.S.C. Sec. 22).
    (g) No modification of Boundaries.--Nothing herein shall affect the 
boundaries of, or shall repeal or disestablish the Sandia Mountain 
Wilderness or the Cibola National Forest. Establishment of the Area 
does not in any way modify the existing boundary of the Pueblo grant.

SEC. 5. PUEBLO OF SANDIA RIGHTS AND INTERESTS IN THE AREA.

    (a) General.--The Pueblo shall have the following rights and 
interests in the Area:
          (1) free and unrestricted access to the Area for traditional 
        and cultural uses to the extent not inconsistent with the 
        Wilderness Act and its regulations as they exist on the date of 
        enactment of the Act and with applicable federal wildlife 
        protection laws as provided in section 6(a)(2);
          (2) perpetual preservation of the Wilderness and National 
        Forest character of the Area under this Act;
          (3) rights in the management of the Area as set forth in 
        section 7, which include:
                  (A) the right to consent or withhold consent to new 
                uses;
                  (B) the right to consultation regarding modified 
                uses;
                  (C) the right to consultation regarding the 
                management and preservation of the Area; and
                  (D) the right to dispute resolution procedures;
          (4) exclusive authority, in accordance with its customs and 
        laws, to administer access to the Area for traditional and 
        cultural uses by members of the Pueblo and of other federally 
        recognized Indian tribes; and
          (5) such other rights and interests as are enumerated and 
        recognized in sections 4, 5(c), 8, and 9.
    (b) Limitation.--Except as provided in subsection (a)(4), access to 
and use of the Area for all other purposes shall continue to be 
administered by the Secretary through the Forest Service.
    (c) Compensable Interest.--
          (1) If, by an Act of Congress enacted subsequent to the 
        effective date of this Act, Congressional diminishes the 
        Wilderness and National Forest designation of the Area by 
        authorizing a use prohibited by section 4(f) in all or any 
        portion of the Area, or permanently denies the Pueblo access 
        for any traditional and cultural uses in all or any portion of 
        the Area, the United States shall compensate the Pueblo as if 
        the Pueblo had held a fee title interest in the affected 
        portion of the Area and as though the United States had 
        acquired such interest by legislative exercise of its power of 
        eminent domain, and the restrictions of sections 4(f) and 6(a) 
        shall be disregarded in determining just compensation owed to 
        the Pueblo.
          (2) Any compensation made to the Pueblo pursuant to 
        subsection (c)(1) does not in any way affect the extinguishment 
        of claims set forth in section 10.

SEC. 6. LIMITATIONS ON PUEBLO OF SANDIA RIGHTS AND INTERESTS IN THE 
                    AREA.

    (a) Limitations.--The Pueblo's rights and interests recognized in 
this Act do not include:
          (1) any right to sell, grant, lease, convey, encumber or 
        exchange lands in the Area, or any right or interest therein, 
        and any such conveyance shall not have validity in law or 
        equity;
          (2) any exemption from applicable federal wildlife protection 
        laws;
          (3) any right to engage in any activity or use prohibited in 
        section 4(f); or
          (4) any right to exclude persons or governmental entities 
        from the Area.
    (b) Exception.--No person who exercises traditional and cultural 
use rights as authorized in section 5(a)(4) of this Act may be 
prosecuted for a Federal wildlife offense requiring proof of a 
violation of a State law or regulation.

SEC. 7. MANAGEMENT OF THE AREA.

    (a) Process.--
          (1) General.--
                  (A) The Forest Service shall consult with the Pueblo 
                of Sandia not less than twice a year, unless otherwise 
                mutually agreed, concerning protection, preservation, 
                and management of the Area, including new and modified 
                uses and activities in the Area and authorizations that 
                are anticipated during the next six months and approved 
                in the preceding six months.
          (2) New uses and activities.--
                  (A) If after consultation the Pueblo of Sandia denies 
                its consent for a new use or activity within 30 days of 
                the consultation, the Forest Service will not be 
                authorized to proceed with the activity or use. If the 
                Pueblo consents to the new use or activity in writing 
                or fails to respond within 30 days, the Forest Service 
                may proceed with the notice and comment process and the 
                environmental analysis.
                  (B) Before the Forest Service signs a Record of 
                Decision (ROD) or Decision Notice (DN) for a proposed 
                use of activity, the Forest Service will again request 
                Pueblo consent within 30 days of the Pueblo's receipt 
                of the proposed ROD or DN. If the Pueblo refuses to 
                consent, the activity or use will not be authorized. If 
                the Pueblo fails to respond to the consent request 
                within 30 days after the proposed ROD or DN is provided 
                to the Pueblo, the Pueblo will be deemed to have 
                consented to the proposed ROD or DN and the Forest 
                Service may proceed to issue the final ROD or DN.
          (3) Public involvement.--
                  (A) For proposed new and modified uses and 
                activities, the public shall be provided notice of--
                          (i) the purpose and need for the proposed 
                        action or activity,
                          (ii) the Pueblo's role in the decision-making 
                        process, and
                          (iii) the Pueblo's position on the proposal.
                Any member of the public may file an action in the 
                United States District Court for the District of New 
                Mexico to challenge Forest Service determinations of 
                what constitutes a new or a modified use or activity.
    (b) Emergencies and Emergency Closure Orders.--The Forest Service 
shall retain its existing authorities to manage emergency situations, 
to provide for public safety, and to issue emergency closure orders in 
the Area subject to applicable law. The Forest Service shall notify the 
Pueblo of Sandia regarding emergencies, public safety issues, and 
emergency closure orders as soon as possible. Such actions are not 
subject to the Pueblo's right to withhold consent to new uses in the 
Area as set forth in section 5(a)(3)(i).
    (c) Disputes Involving Forest Service Management and Pueblo 
Traditional Uses.--
          (1) General.--In the event that Forest Service management of 
        the Area and Pueblo traditional and cultural uses conflict, and 
        the conflict does not pertain to new or modified uses subject 
        to the process set forth in subsection (a), the process for 
        dispute resolution set forth in this subsection shall take 
        effect.
          (2) Dispute resolution process.--(A) When there is a dispute 
        between the Pueblo and the Forest Service regarding Pueblo 
        traditional and cultural use and Forest Service management of 
        the Area, the party identifying the dispute shall notify the 
        other party in writing addressed to the Governor of the Pueblo 
        or the Regional Forester respectively, setting forth the nature 
        of the dispute. The Regional Forester or designee and the 
        Governor of the Pueblo or designee shall attempt to resolve the 
        dispute for no less than 30 days after notice has been provided 
        before filing an action in United States District Court for the 
        District of New Mexico.
          (B) Disputes Requiring Immediate Resolution.--In the event of 
        a conflict that requires immediate resolution to avoid 
        imminent, substantial and irreparable harm, the party alleging 
        such conflict shall notify the other party and seek to resolve 
        the dispute within 3 days of the date of notification. If the 
        parties are unable to resolve the dispute within 3 days, either 
        party may file an action for immediate relief in federal court 
        in New Mexico, and the procedural exhaustion requirements set 
        forth above shall not apply.

SEC. 8. JURISDICTION OVER THE AREA.

    (a) Criminal Jurisdiction.--Notwithstanding any other provision of 
law, jurisdiction over crimes committed in the Area shall be allocated 
as follows:
          (1) To the extent that the allocations of criminal 
        jurisdiction over the Area under paragraphs (2), (3), and (4) 
        of this subsection are overlapping, they should be construed to 
        allow for the exercise of concurrent criminal jurisdiction.
          (2) The Pueblo shall have jurisdiction over crimes committed 
        by its members or by members of another federally recognized 
        Indian tribe who are present in the Area with the Pueblo's 
        permission pursuant to section 5(a)(4).
          (3) The United States shall have jurisdiction over--
                  (A) the offenses listed in section 1153 of title 18, 
                U.S. Code, including any offenses added to the list in 
                that statute by further amendments thereto, when such 
                offenses are committed by members of the Pueblo and 
                other federally recognized Indian tribes;
                  (B) crimes committed by any person in violation of 
                laws and regulations pertaining to the protection and 
                management of National Forests;
                  (C) enforcement of federal criminal laws by general 
                applicability; and
                  (D) any other offense committed by a member of the 
                Pueblo against a non-member of the Pueblo. Any offense 
                which is not defined and punished by federal law in 
                force within the exclusive jurisdiction of the United 
                States shall be defined and punished in accordance with 
                the laws of the State of New Mexico.
          (4) The State of New Mexico shall have jurisdiction over any 
        crime under its laws committed by a person not a member of the 
        Pueblo.
    (b) Civil Jurisdiction.--
          (1) Except as provided in paragraphs (2), (3), (4), and (5), 
        the United States, the State of New Mexico, and local public 
        bodies shall have the same civil adjudicatory, regulatory, and 
        taxing jurisdiction over the Area as they exercised prior to 
        the enactment of this Act.
          (2) The Pueblo shall have exclusive civil adjudicatory 
        jurisdiction over--
                  (A) disputes involving only members of the Pueblo;
                  (B) civil actions brought by the Pueblo against 
                members of the Pueblo; and
                  (C) civil actions brought by the Pueblo against 
                members of other federally recognized Indian tribes for 
                violations of understandings between the Pueblo and 
                that member's tribe regarding use or access to the Area 
                for traditional and cultural purposes.
          (3) The Pueblo shall have no regulatory jurisdiction over the 
        Area with the exception of;
                  (A) exclusive authority to regulate traditional and 
                cultural uses by the Pueblo's own members and to 
                administer access to the Area by other federally 
                recognized Indian tribes for traditional and cultural 
                uses, to the extent such regulation is consistent with 
                this Act; and
                  (B) The Pueblo shall have exclusive authority to 
                regulate hunting and trapping in the Area by its 
                members that is related to traditional and cultural 
                purposes. Such authority shall not vest or continue 
                until the Pueblo enacts and thereafter maintains and 
                enforces regulations substantially similar to those of 
                the State of New Mexico concerning seasons, game 
                management, types of weapons, proximity of hunting and 
                trapping to trails and residences, and comparable 
                safety restrictions. Prior to adopting such 
                regulations, the Pueblo shall provide the Forest 
                Service and New Mexico game and Fish Department with 
                notice and an opportunity to comment on the 
                regulations. The Pueblo shall consult and exchange 
                information with the New Mexico Game and Fish 
                Department on a periodic basis to assist the Department 
                with its ongoing responsibility to protect wildlife 
                populations.
          (4) The Pueblo shall have no authority to impose taxes within 
        the Area.
          (5) The State of New Mexico and local public bodies shall 
        have no authority within the Area to tax the activities or the 
        property of the Pueblo, its members, or members of other 
        federally recognized Indian tribes authorized to use the Area 
        under section 5(a)(4) of this Act.

SEC. 9. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

    (a) Subdivisions.--The subdivisions are excluded from the Area. The 
Pueblo shall have no civil or criminal jurisdiction for any purpose, 
including adjudicatory, taxing, zoning, regulatory or any other form of 
jurisdiction, over the subdivisions and property interests therein, and 
the laws of the Pueblo shall not apply to the subdivisions. The 
jurisdiction of the State of New Mexico and local public bodies over 
the subdivisions and property interests therein shall continue in 
effect, except that a tract comprised of approximately 35 contiguous, 
non-subdivided acres in the northern section of Evergreen Hills owned 
in fee by the Pueblo at the time of enactment of this Act, shall be 
transferred to the United States and held in trust for the Pueblo by 
the United States and administered by the Secretary of the Interior. 
Such trust land shall be subject to all limitations on use pertaining 
to the Area contained in this Act.
    (b) Piedra Lisa.--The Piedra Lisa tract is excluded from the Area 
notwithstanding any subsequent acquisition of the tract by the Pueblo. 
If the Forest Service acquires the tract, it shall be included in the 
Area. Unless the Piedra Lisa tract is acquired by the Pueblo, the 
Pueblo shall have no civil or criminal jurisdiction over the tract and 
property interests therein, and the laws of the Pueblo shall not apply 
to the tract. Except as provided in subsection (e), the jurisdiction of 
the State of New Mexico and local bodies over the Piedra Lisa tract and 
property interests therein shall continue in effect. If the Forest 
Service acquires the tract, the jurisdictional provisions of section 8 
of the Act shall apply.
    (c) Crest Facilities.--The lands on which the crest facilities are 
located are excluded from the Area. The Pueblo shall have no civil or 
criminal jurisdiction for any purpose, including adjudicatory, taxing, 
zoning, regulatory or any other from of jurisdiction, over the lands on 
which the crest facilities are located and property interests therein, 
and the laws of the Pueblo shall not apply to those lands. The pre-
existing jurisdictional status of those lands shall continue in effect.
    (d) Special Use Permit Area.--The lands described in the special 
use permit are excluded from the Area. The Pueblo shall have no civil 
or criminal jurisdiction for any purpose, including adjudicatory, 
taxing, zoning, regulatory, or any other form of jurisdiction, over the 
lands described in the special use permit, and the laws of the Pueblo 
shall not apply to those lands. The pre-existing jurisdictional status 
of these lands shall continue in effect. In the event the special use 
permit, during its existing term or any future terms or extensions, 
requires amendment to include other lands in the Area necessary to 
realign the existing or any future replacement tram line, associated 
structures, or facilities, the lands subject to that amendment shall 
thereafter be excluded from the Area and shall have the same status 
under this Act as the lands currently described in the special use 
permit. Any lands dedicated to aerial tramway and related uses and 
associated facilities that are excluded from the special use permit 
through expiration, termination or the amendment process shall 
thereafter be included in the Area but only after final agency action 
no longer subject to any appeals.
    (e) La Luz Tract and Subsequent Acquisition.--The La Luz tract now 
owned in fee by the Pueblo is excluded from the Area and shall be 
transferred to the United States and held in trust for the Pueblo by 
the United States and administered by the Secretary of the Interior. if 
the Pueblo acquires the Piedra Lisa tract, the tract shall be 
transferred to the United States and held in trust for the Pueblo by 
the United States and administered by the Secretary of the Interior. 
Such trust land shall be subject to all limitations on use pertaining 
to the Area contained in this Act. The restriction contained in section 
6(a)(4) shall not apply outside of Forest Service System trails.
    (f) Evergreen Hills Access.--The Secretary, consistent with section 
1323(a) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3210), shall ensure that Forest Service Road 333D, as depicted 
on the map, is maintained in an adequate condition consistent with the 
terms of section 1323(a) of the Alaska National Interest Lands 
Conservation Act (26 U.S.C. 3210).
    (g) Pueblo Fee Lands.--Those properties not specifically addressed 
in subsection (a) or (e) of this section that are owned in fee by the 
Pueblo within the subdivisions are excluded from the Area and shall be 
subject to the jurisdictional provisions of subsection (a) of this 
section.
    (h) Rights-of-Way.--
          (1) Road rights-of-way.--(A) in accordance with the Pueblo 
        having given its consent in the Settlement Agreement, the 
        Secretary of the Interior shall grant to the County of 
        Bernalillo, New Mexico, in perpetuity, the following 
        irrevocable rights of way for roads identified on the map in 
        order to provide for public access to the subdivisions, the 
        special use permit land and facilities, the other leasehold and 
        easement rights and interests of the Sandia Peak Tram Company 
        and its affiliates, the Sasndia Heights South Subdivision, and 
        the Area:
                          (i) a right-of-way for Tramway Road;
                          (ii) a right-of-way for Juniper Hill Road 
                        North;
                          (iii) a right-of-way for Juniper Hill Road 
                        South;
                          (iv) a right-of-way for Sandia Heights Road; 
                        and
                          (v) a right-of-way for Juan Tabo Canyon Road 
                        (Forest Road No. 333).
                (B) The road rights-of-way shall be subject to the 
                following conditions:
                          (i) Such rights-of-way may not be expanded or 
                        otherwise modified without the Pueblo's written 
                        consent, but road maintenance to the rights of 
                        way shall not be subject to Pueblo consent;
                          (ii) The rights-of-way shall not authorize 
                        uses for any purpose other than roads without 
                        the Pueblo's written consent.
                          (iii) Existing rights-of-way or leasehold 
                        interests held by the Sandia Peak Tram Company 
                        and its affilates, shall be preserved and 
                        protected.
          (2) Utility rights-of-way.--In accordance with the Pueblo 
        having given its consent in the Settlement Agreement, the 
        Secretary of the Interior shall grant irrevocable utility 
        rights-of-way in perpetuity across lands to appropriate utility 
        or other service providers serving Sandia Heights Addition, 
        Sandia Heights North Units I, II, and 3, the special use permit 
        lands, and Tierra Monte, including rights-of-way for natural 
        gas, power, water, telecommunications, and cable television 
        services. Such rights-of-way shall be within existing utility 
        corridors as depicted on the map or, for certain water lines, 
        as described in the existing grant of easement to the Sandia 
        Peak Utility Company; provided that use of water line easements 
        outside the utility corridors depicted on the map shall not be 
        used for utility purposes other than water lines and associated 
        facilities. Except where above-ground facilities already exist, 
        all new utility facilities shall be installed underground 
        unless the Pueblo agrees otherwise. To the extent that 
        enlargement of existing utility corridors is required for any 
        technologically-advanced telecommunication, television, or 
        utility services, the Pueblo shall not unreasonably withhold 
        agreement to a reasonable enlargement of the easements 
        described above.
    (i) Forest Service Rights-of-Way.--In accordance with the Pueblo 
having given its consent in the Settlement Agreement, the Secretary of 
the Interior shall grant to the Forest Service the following 
irrevocable rights-of-way in perpetuity for Forest Service trails 
crossing land of the Pueblo in order to provide for public access to 
the Area and through Pueblo lands:
          (1) a right-of-way for a portion of the Crest Spur Trail 
        (Trail No. 84), crossing a portion of the La Luz tract, as 
        identified on the map;
          (2) a right-of-way for the extension of the Foothills Trail 
        (Trail No. 365A), as identified on the map; and
          (3) a right-of-way for that portion of the Piedra Lisa North-
        South Trail (Trail No. 135) crossing the Piedra Lisa tract, if 
        the Pueblo ever acquires the Piedra Lisa tract.

SEC. 10. EXTINGUISHMENT OF CLAIMS.

    (a) General.--Except for the rights and interests in and to the 
Area specifically recognized in sections 4, 5, 8, and 9, all Pueblo 
claims to right, title and interest of any kind, including aboriginal 
claims, in and to lands within the Area, any part thereof, and property 
interests herein, as well as related boundary, survey, trespass, and 
monetary damage claims, are hereby permitted extinguished. The United 
States' title to the Area is hereby confirmed.
    (b) Subdivisions and Piedra Lisa.--Any Pueblo claims to right, 
title and interest of any kind, including aboriginal claims, in and to 
the subdivisions and the Piedra Lisa tract and property interests 
therein, as well as related boundary, survey, trespass, and monetary 
damage claims, are hereby permanently extinguished.
    (c) Special Use and Crest Facilities Areas.--Any Pueblo right, 
title and interest of any kind, including aboriginal claims, and 
related boundary, survey, trespass, and monetary damage claims, are 
hereby permanently extinguished in and to--
          (1) the lands described in the special use permit; and
          (2) the lands on which the crest facilities are located.
    (d) Pueblo Agreement.--As provided in the Settlement Agreement, the 
Pueblo has agreed to the relinquishment and extinguishment of those 
claims, rights, titles and interests extinguished pursuant to 
subsection (a), (b) and (c) of this section.
    (e) Consideration.--The recognition of the Pueblo's rights and 
interests in this Act constitutes adequate consideration for the 
Pueblo's agreement to the extinguishment of the Pueblo's claims in this 
section and the right-of-way grants contained in section 9, and it is 
the intent of Congress that those rights and interests may only be 
diminished by a future Act of Congress specifically authorizing 
diminishment of such rights, with express reference to this Act.

SEC. 11. CONSTRUCTION.

    (a) Strict Construction.--This Act recognizes only enumerated 
rights and interests, and no additional rights, interests, obligations, 
or duties shall be created by implication.
    (b) Existing Rights.--To the extent there exists within the Area at 
the time of enactment of this Act any valid private property rights 
associated with the Piedra Lisa tract or other private lands that are 
not otherwise addressed in this Act, such rights are not modified or 
otherwise affected by this Act, nor is the exercise of any such right 
subject to the Pueblo's right to the withhold consent to new uses in 
the Area as set forth in section 5(a)(3)(i).
    (c) Not Precedent.--The provisions of this Act creating certain 
rights and interests in the National Forest System are uniquely suited 
to resolve the Pueblo's claim and the geographic and societal situation 
involved, and shall not be construed as precedent for any other 
situation involving management of the National Forest System.
    (d) Fish and Wildlife.--Except as provided in section 8(b)(3)(B), 
nothing in this Act shall be construed as affecting the 
responsibilities of the State of New Mexico with respect to fish and 
wildlife, including the regulation of hunting, fishing, or trapping 
within the Area.
    (e) Federal Land Policy and Management Act.--Section 316 (43 U.S.C. 
1746) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) is amended by adding the following sentence at the end 
thereof: ``Any corrections authorized by this section which affect 
boundaries of, or jurisdiction over, lands administered by another 
Federal agency shall be made only after consultation with, and the 
approval of, the head of such other agency.''

SEC. 12. JUDICIAL REVIEW.

    (a) Enforcement.--Suit to enforce the provisions of this Act may be 
brought to the extent permitted under chapter 7 of title 5, United 
states Code. Judicial review shall be based upon the administrative 
record and subject to the applicable standard to review set forth in 
section 706 of title 5, United States Code.
    (b) Waiver.--Suit may be brought against the Pueblo for declaratory 
judgment or injunctive relief under this Act, but no money damages, 
including costs or attorney's fees, may be imposed on the Pueblo as a 
result of such judicial action.
    (c) Venue.--Venue for any suit provided for in this section, as 
well as any suit to contest the constitutionality of this Act, shall 
lie only in the United States District Court for the District of New 
Mexico.

SEC. 13. EFFECTIVE DATE.

    The provisions of this Act shall take effect immediately upon 
enactment of this Act.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS AND RELATED AUTHORITIES.--

    (a) General.--There are hereby authorized to be appropriated such 
sums as may be necessary to carry out this Act, including such sums as 
may be necessary for the Forest Service to acquire ownership of lands 
within the external boundaries of the Area as authorized in subsection 
(d)
    (b) Contributions.--
          (1) The Secretary is authorized to accept contributions from 
        the Pueblo, or from other persons or governmental entities, to 
        perform and complete a survey of the Area, or otherwise for the 
        benefit of the Area in accordance with this Act.
          (2) The Secretary shall complete a survey of the Area within 
        one year of the date of enactment of this Act.
    (c) Land Exchange.--In the event the Secretary purchases or 
otherwise acquires ownership of the Piedra Lisa tract, the Forest 
Service is authorized to transfer ownership of the Piedra Lisa tract to 
the Pueblo in exchange for lands of equal value owned by the Pueblo in 
fee within the subdivided portion of the Evergreen Hills subdivision or 
other land acceptable to the Secretary. Notwithstanding section 206(b) 
of the Federal Land Policy and Management Act (43 U.S.C. 1716(b)), the 
Secretary may either make or accept a cash equalization payment in 
excess of 25 percent of the total value of the lands or interests 
transferred out of Federal ownership. Any such exchange or conveyance 
shall be executed in compliance with all applicable laws except that 
the Secretary shall retain, without further appropriation, any cash 
equalization payment received from the Pueblo for the acquisition of 
land to be added to the Cibola National Forest.
    (d) Land Acquisition.--The Secretary is authorized to acquire lands 
owned by the Pueblo within the Evergreen Hills Subdivision in Sandoval 
County or any other privately held lands inside of the exterior 
boundaries of the Area. The boundaries of the Cibola National Forest 
and the Area shall be adjusted to encompass any lands acquired pursuant 
to this section.
    (e) Reimbursement of Certain Costs.--
          (1) The Pueblo, the County of Bernalillo, New Mexico, and any 
        person who owns or has owned property inside of the exterior 
        boundaries of the Area as designated on the map, and who has 
        incurred actual and direct costs as a result of participating 
        in the case of Pueblo of Sandia v. Babbitt, Civ. No. 94-2624 
        HHG (D.D.C.), or other proceedings directly related to 
        resolving the issues litigated in that case, may apply for 
        reimbursement in accordance with this section. Costs directly 
        related to such participation which shall qualify for 
        reimbursement shall be--
                  (A) dues or payments to a homeowner association for 
                the purpose of legal representation; and
                  (B) legal fees and related expenses.
          (2) The reimbursement provided in this subsection shall be in 
        lieu of that which might otherwise be available pursuant to the 
        Equal Access to Justice Act (24 U.S.C. 2412).
          (3) The Secretary of the Treasury is authorized and directed 
        to make reimbursement payments as provided in this section out 
        of any money not otherwise appropriated.
          (4) Applications for reimbursement shall be filed within 180 
        days of the date of enactment of this Act with the Department 
        of the Treasury, Financial Management Service, Washington, D.C.
          (5) In no event shall any one party be compensated in excess 
        of $750,000 and the total amount reimbursed pursuant to this 
        section shall not exceed $3,000,000.

                         Purpose of the Measure

    The purposes of S. 2018, as ordered reported, are to 
establish a unique area within the Cibola National Forest in 
New Mexico, entitled the T'uf Shur Bien Preservation Trust 
Area, and to resolve the Pueblo of Sandia's claim of ownership 
of Sandia Mountain, an area within the Cibola National Forest 
that includes a portion of the Sandia Mountain Wilderness. S. 
2018 would resolve the Pueblo's claim by recognizing certain 
specific rights and interests of the Pueblo while maintaining 
Federal ownership and management of the national forest and 
wilderness lands within the claim area.

                          Background and Need

    The basis for the Pueblo of Sandia's claim to Sandia 
Mountain is its interpretation of a 1748 land grant to the 
Pueblo from a representative of the King of Spain. In 1848, at 
the end of the Mexican-American War, the United States entered 
into the Treaty of Guadalupe-Hidalgo with Mexico and thereby 
assumed control of a large part of the present American 
Southwest, including the area involving the Pueblo's 1748 land 
grant. As part of the Treaty, the United States agreed to 
protect the Spanish and Mexican land grants that were 
acknowledged before American tribunals. The Pueblo's grant was 
one of those so acknowledged and, accordingly, was recognized 
and confirmed by Congress in 1858 (11 Stat. 374).
    While there is no issue as to the validity of the Pueblo's 
grant, a dispute does exist as to the location of its eastern 
boundary, as it was originally determined in an 1859 survey. 
That survey, carried out by an employee of the United States 
Government, fixed the eastern boundary along the top of a 
foothill on the western slope of Sandia Mountain, rather than 
along its crest. The Pueblo has asserted that the United 
States' interpretation of the grant at the time of the survey 
and the subsequent land patent are in error, and that the true 
eastern boundary is the crest of the Mountain (creating an 
additional area of approximately 10,000 acres of land).
    In the early 1980's, in accordance with its claim, the 
Pueblo approached the Department of the Interior seeking a 
resurvey of the grant to locate the eastern boundary of the 
Pueblo along the crest of Sandia Mountain. In December 1988, 
the Solicitor of the Department of the Interior issued an 
opinion rejecting the Pueblo's claim. The Pueblo challenged the 
opinion in Federal district court and in 1998 the court issued 
an order that found the Department's actions arbitrary and 
capricious, vacated the 1988 opinion, and remanded the case to 
the Department for agency action consistent with the court's 
opinion. Pueblo of Sandia v. Babbit, Civ. No. 94-2624 (D.D.C., 
July 18, 1998). The order was appealed but appellate 
proceedings were stayed for more than a year while a settlement 
was being negotiated.
    On April 4, 2000, a settlement agreement was executed 
between the United States, the Pueblo, and the Sandia Peak Tram 
Company. That agreement was conditioned on congressional 
ratification, and remains effective until November 15, 2002. In 
November, 2000 the Court of Appeals of the District of Columbia 
Circuit dismissed the appeal for lack of jurisdiction, holding 
that the District Court's remand order was not final because 
the Department of the Interior needed to first reconsider the 
1988 opinion. Upon dismissal, the Department proceeded with its 
reconsideration in accordance with the 1998 order of the 
District Court. On January 19, 2001, the Solicitor issued a new 
opinion that concluded that the 1859 survey of the Sandia 
Pueblo grant was erroneous and that a resurvey should be 
conducted that places the eastern boundary of the grant at the 
crest of Sandia Mountain. Implementation of the opinion would 
remove approximately 10,000 acres of National Forest and 
Wilderness lands from Federal ownership and convey it to the 
Pueblo. The Department stayed the resurvey until after November 
15, 2002, so that there would be time for Congress to enact 
legislation that would implement the settlement.
    S. 2018, while not identical to the Settlement Agreement, 
incorporates it necessary provisions. These provisions include 
several that specifically benefit the Pueblo of Sandia: (1) The 
creation of the T'uf Shur Bien Preservation Trust Area 
(``Area'') with restrictions on future development within the 
Area; (2) a right of the Pueblo to unrestricted access to the 
Area for traditional and cultural uses; (3) a right of the 
Pueblo to participate in management of the Area; (4) a 
compensable interest should Congress ever authorize prohibited 
uses in the Area or permanently deny the Pueblo access for 
traditional and cultural uses; (5) exclusive jurisdiction by 
the Pueblo over certain activities of its members and other 
Native Americans within the Area; (6) the non-discretionary 
right to have certain Pueblo-owned lands taken into trust by 
the United States; and (7) the ability to veto any new land 
management activities in the Area. In recognition of the Pueblo 
receiving these rights and interests in the Area, S. 2018 
resolves with finality the Pueblo's claim to Sandia Mountain by 
extinguishing any and all claims related to the Area. The bill 
also (1) maintains public ownership and full access to the 
National Forest and Wilderness lands within the Pueblo's claim 
area; (2) clears title for existing landowners within the claim 
area; and (3) grants a number of rights-of-way over the 
Pueblo's existing land to protect private property interests 
and the public's ongoing use of the Area.
    The relative rights and interests contained in S. 2018 
represent a negotiated compromise of the Pueblo's land claim 
and are preferable to further litigation.

                          Legislative History

    S. 2018 was introduced by Senator Bingaman on March 14, 
2002. The Full Committee held a joint hearing with the Indian 
Affairs Committee on April 24, 2002. At the business meeting on 
July 31, 2002, the Committee on Energy and Natural Resources 
adopted an amendment in the nature of a substitute and ordered 
S. 2018, as amended, favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 31, 2002, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2018, if amended as 
described herein.

                          Committee Amendments

    During the consideration of S. 2018, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
contains a number of changes that address concerns raised 
during the joint hearing by parties whose interests are 
affected by the settlement of the Pueblo's land claim.
    A major change in the substitute amendment is the 
elimination of a provision that expressly ratifies and confirms 
the settlement agreement and management plan negotiated between 
the Pueblo, the United States, and the Sandia Mountain Tram 
Company. Several new subsections were added to incorporate 
several key provisions from those documents. Most 
significantly, a new section was added to address the Forest 
Service's management of the newly created T'uf Shur Bien 
Preservation Trust Area. Also, in section 3, new definitions 
were added for ``existing uses and activities,'' ``modified 
uses and activities,'' and ``new uses or activities.'' These 
terms are important to determine the application of the 
Pueblo's right to consent to, or deny consent to, new uses or 
activities within the Area. Examples of ``existing uses or 
activities'' include the following recreational activities: the 
La Luz Run, running, jogging, hand gliding, parasailing, back-
country camping, meditation, spiritual renewal, religious 
observances, picnicking, cross-country skiing, trapping, 
interpretation education, hiking, biking, rock climbing, bird 
watching, wildlife viewing, walking, dog walking, bow hunting, 
snow shoeing, driving, skating, sledding, horseback riding, 
photography, painting, sketching, and geo-caching. Some 
recreational activities require special use authorizations and 
some do not. To the extent the Sandia Peak Tram Company 
requires access to lands not described in the December 1, 1993, 
Special Use Permit, but within the non-wilderness area adjacent 
to the tram line, for maintenance or equipment replacement, 
access to and use of those lands shall be deemed an ``existing 
use.'' The Forest Service will retain its authority to regulate 
all existing uses and, where appropriate, to modify, suspend, 
or revoke all special use authorizations. ``New uses or 
activities'' may include: a new trail, trail head, road, picnic 
area, parking lot, or significant new structure or facility in 
support of these features; new recreation or other activities 
not occurring in the Area on the date of enactment of the Act 
but otherwise permissible in National Forest and wilderness 
areas; and new special use authorizations and new rights-of-
way.
    Several changes were also made so that S. 2018 more closely 
tracked the settlement agreement. In section 4, a provision 
providing the counties of Bernalillo and Sandoval with the same 
veto power as the Pueblo over new uses or activities was 
deleted. In section 9, a provision was inserted to direct the 
Secretary of the Interior, as a non-discretionary matter, to 
take a large undeveloped tract of land owned by the Pueblo into 
trust for its benefit. Finally, the substitute amendment 
deletes a provision directing the Forest Service to transfer to 
the Pueblo two small lots located in the subdivided portion of 
the Evergreen Hills subdivision but adds a subsection 
authorizing the transfer of the Piedra Lisa tract to the Pueblo 
should the Forest Service every acquire it from the existing 
owner.
    Other significant changes include a provision that amends 
the Federal Land Policy and Management Act so that if one 
Federal agency seeks to correct a Federal land patent or other 
conveyance document that would affect the jurisdiction of 
another Federal agency, the affected agency must approve the 
correction. Finally, a subsection has been added that directs 
the Secretary of the Treasury to reimburse the parties and 
certain affected landowners involved with the Pueblo of Sandia 
v. Babbitt litigation for costs directly incurred as a result 
of the litigation and settlement of the Pueblo's land claim 
against the Federal Government. There are other clarifying 
changes added in the substitute amendment, which is explained 
in detail in the section by section analysis, below.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``T'uf Shur Bien 
Preservation Trust Area Act''.
    Section 2 contains one finding and three purposes for the 
Act.
    Section 3 defines terms used in the Act.
    Section 4, subsection (a) establishes a new management 
area, named the ``T'uf Shur Bien Preservation Trust Area 
(``Area''), totaling approximately 9,980 acres within the 
Cibola National Forest and the Sandia Mountain Wilderness in 
New Mexico. This subsection also sets forth the reasons for 
establishing the Area.
    Subsection (b) states that the Forest Service shall 
continue to administer the Area as part of the National Forest 
System pursuant to all applicable law.
    Subsection (c) provides exceptions and clarifications to 
the Forest Service's administration of the Area and are self-
explanatory.
    Subsection (d) defines the Area and provides a map 
reference.
    Subsection (e) prohibits the United States from conveying 
or exchanging any portion of the Area without specific 
authorization by Congress.
    Subsection (f) states that no use prohibited by the 
Wilderness Act (as of the date of enactment of this Act) may 
occur in the Wilderness portion of the Area; nor may gaming, 
mineral production, timber production, or any new uses or 
activities to which the Pueblo objects, occur anywhere in the 
Area. This subsection also closes the Area to the location of 
mining claims pursuant to the Mining Law of 1872.
    Subsection (g) clarifies that nothing in this Act affects 
the boundaries of, or repeals, the Sandia Mountain Wilderness 
or the Cibola National Forest. In addition, this subsection 
clarifies that establishing the Area does not in any way modify 
the existing boundary of the Pueblo grant.
    Section 5, subsection (a) sets forth the Pueblo's rights 
and interests in the Area and are self-explanatory.
    Subsection (b) states that, except as provided in 
subsection 5(a)(4) relating to traditional and cultural use of 
the Area by the Pueblo, the Forest Service shall continue to 
administer access to and use of the Area for all other 
purposes.
    Subsection (c) requires the United States to compensate the 
Pueblo if a future Act of Congress diminishes the wilderness 
and national forest designation of the Area by authorizing a 
use prohibited by section 4(f) or permanently denies the Pueblo 
access for any traditional and cultural uses.
    Section 6, subsection (a) states that the Pueblo's rights 
and interests in the Area do not include the ability to sell, 
lease or exchange any lands in the Area; any exemption from 
applicable Federal wildlife protection laws; any right to 
engage in any activity or use prohibited in section 4(f); or 
any right to exclude persons or governmental entities from the 
Area.
    Subsection (b) provides that no person who exercises 
traditional and cultural use rights as authorized in section 
5(a)(4) may be prosecuted for a Federal wildlife offense 
requiring proof of a violation of a State law or regulation.
    Section 7 provides generally for management of the Area by 
the Forest Service, including consultation with the public and 
the Pueblo, procedures for consent by the Pueblo, and 
resolution of disputes. The provisions are self-explanatory.
    Section 8, subsection (a) allocates jurisdiction over 
crimes committed in the Area.
    Subsection (9) allocates civil jurisdiction in the Area.
    Section 9, subsection (a) excludes three subdivisions from 
the Area (totaling approximately 400 acres or about 4% of the 
Area). The subsection further clarifies that none of the 
Pueblo's jurisdiction extends over these private lands. 
Accordingly, the jurisdiction of the State of New Mexico and 
local public bodies continue in effect. An exception to the 
State's jurisdiction is made for a non-subdivided 35 acre tract 
of land owned in fee by the Pueblo in the Evergreen Hills 
subdivision. The Secretary of the Interior is directed to take 
this tract into trust for the Pueblo. No development is 
allowed, however, as the 35 acre tract is subject to all 
limitations on use pertaining to the Area contained in the Act.
    Subsection (b) excludes the Piedra Lisa inholding 
(approximately 160 acres) from the Area unless it is 
subsequently acquired by the Forest Service.
    Subsection (c) excludes certain facilities on the crest of 
Sandia Mountain from the Area and recognizes the pre-existing 
jurisdictional status of those lands.
    Subsection (d) excludes certain lands described in an 
existing special use permit from the Area and recognizes the 
pre-existing jurisdictional status of those lands.
    Subsection (e) excludes the La Luz tract, owned by the 
Pueblo, from the Area. The subsection also directs the 
Secretary of the Interior to take this trace of land into trust 
for the Pueblo. There is also a clause directing the Secretary 
to take the Piedra Lisa tract into trust for the Pueblo in the 
event it acquires that land. All land taken into tract pursuant 
to the subsection is subject to the limitations on use 
pertaining to the Area contained in the Act.
    Subsection (f) recognizes a right of access that landowners 
in the Evergreen Hills subdivision have over Forest Service 
Road 333D. The subsection requires the Secretary of Agriculture 
to maintain the road in adequate condition in accordance with 
section 1323(a) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3210).
    Subsection (g) expressly recognizes that other Pueblo-owned 
lands within the subdivisions are excluded from the Area.
    Subsection (h) requires the Secretary of the Interior to 
grant (l) irrevocable rights of way to Bernalillo County for 
identified roads with the condition that such rights of way may 
not be expanded without the Pueblo's written consent, and (2) 
irrevocable utility rights of way across Pueblo lands to 
service providers serving the subdivisions.
    Subsection (i) requires the Secretary of the Interior to 
grant to the Forest Service irrevocable rights way for portions 
of identified trails that cross Pueblo land.
    Section 10(a) permanently extinguishes, except for the 
rights and interests in and to the Area specifically recognized 
in sections 4, 5, 8, and 9, all Pueblo claims in and to lands 
in the Area.
    Subsection (b) permanently extinguishes any Pueblo claims 
to the subdivisions and the Piedra Lisa tract.
    Subsection (c) permanently extinguishes any Pueblo claims 
in and to the lands described in the special use permit and the 
lands on which the crest facilities are located.
    Subsection (d) references that the Pueblo has agreed to the 
extinguishment of its claims pursuant to subsections (a), (b), 
and (c).
    Subsection (e) states that the recognition of the Pueblo's 
rights and interests in this Act constitutes adequate 
consideration for the Pueblo's agreement to the extinguishment 
of the Pueblo's claims in this section and the right-of-way 
grants contained in section 9. Subsection (e) provides that it 
is the intent of Congress that those rights and interests may 
only be diminished by a future Act of Congress specifically 
diminishing such rights, with express reference to this Act.
    Section 11, subsection (a) states that this Act recognizes 
only enumerated rights and interests, and clarifies that no 
additional rights, interests, obligations, or duties shall be 
created by implication.
    Subsection (b) provides that this Act does not modify or 
affect any presently existing valid private property rights 
that are associated with private lands in the Area; nor are 
such rights subject to the Pueblo's right to withhold consent 
to new uses in the Area.
    Subsection (c) states that this Act shall not be construed 
as precedent for any other situation involving management of 
the National Forest System.
    Subsection (d) precludes anything in this Act, except as 
provided in subparagraph 8(b)(3)(B), to be construed as 
affecting the responsibilities of the State of New Mexico with 
respect to fish and wildlife, including the regulation of 
hunting, fishing, or trapping in the Area.
    Subsection (e) amends the Federal Land Policy and 
Management Act to require that any corrections made to patents 
or documents of conveyance pursuant to 43 U.S.C. 1746, that 
affect lands administered by another Federal agency, first 
require the approval of the head of such other agency.
    Section 12, subsection (a) provides that judicial review to 
enforce the provisions of this Act is allowed to the extent 
permitted under the Administrative Procedure Act.
    Subsection (b) provides for a limited waiver of sovereign 
immunity against the Pueblo by allowing suits for declaratory 
judgment or injunctive relief under the Act.
    Section (c) provides that venue for any suit shall lie only 
in the United States District Court for the District of New 
Mexico.
    Section 13, states that the Act shall take effect 
immediately upon enactment.
    Section 14, subsection (a) authorized the appropriations of 
such sums as may be necessary to carry out this Act, including 
the acquisition of land.
    Subsection (b) requires the Secretary of Agriculture to 
complete a survey of the Area within one year of the date of 
enactment of this Act and states that the Secretary may accept 
contributions from the Pueblo or other persons to complete a 
survey of the Area.
    Subsection (c) authorizes the Secretary of Agriculture to 
convey ownership of the Piedra Lisa tract to the Pueblo if the 
Secretary subsequently acquires the property. The conveyance 
shall take place through an exchange of land acceptable to the 
Secretary, although the Secretary may make or accept a cash 
equalization payment in excess of 25 percent of the total value 
of the lands or interests transferred out of Federal ownership.
    Subsection (d) authorizes the Secretary of Agriculture to 
acquire lands owned by the Pueblo within the Evergreen Hills 
Subdivision or any other privately held lands inside of the 
exterior boundaries of the Area.
    Subsection (e) directs the Secretary of the Treasury to 
reimburse the Pueblo, county of Bernalillo, New Mexico, and any 
person who owns or has owned property inside of the exterior 
boundaries of the Area, for actual and direct costs incurred 
(and not otherwise reimbursed) due to participation in the 
litigation or settlement of the Sandia Pueblo's claim to Sandia 
Mountain. The reimbursement is limited to a maximum of $750,000 
per party and, in total, may not exceed $3,000,000.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 21, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2018, the T'uf Shur 
Bien Preservation Trust Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 2018--T'uf Shur Bien Preservation Trust Area Act

    Summary: S. 2018 would resolve a land dispute between the 
federal government and the Pueblo of Sandia, a federally 
recognized Indian tribe. CBO estimates that enacting S. 2018 
would increase direct spending by $3 million in 2003 and 
governmental receipts by less than $500,000 a year. Because the 
bill would affect direct spending and receipts, pay-as-you-go 
procedures would apply.
    S. 2018 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The provisions of this bill are generally consistent with a 
settlement agreement signed by the Pueblo of Sandia and would 
impose no costs on the tribe other than those it would incur 
voluntarily as a party to the agreement.
    Background and summary of major provisions: The underlying 
dispute giving rise to S. 2018 involves the Pueblo of Sandia's 
claim to roughly 10,000 acres of federal lands currently 
administered by the Forest Service as part of the Sandia 
Mountain Wilderness and Cibola National Forest in New Mexico. 
The tribe believes that the federal government mistakenly 
excluded those lands from the tribe's original land grant due 
to an inaccurate land survey conducted by the Department of the 
Interior in 1859. The tribe filed an action against the federal 
government in 1994. Several other parties, including local 
governments, private landowners, and a private company 
subsequently became involved in that litigation. While the case 
was pending, all of the parties began to negotiate a settlement 
agreement which eventually was signed in April 2000, but only 
by the tribe, the federal government, and a private company.
    S. 2018 would largely implement that settlement agreement. 
In doing so, the bill would extinguish the tribe's claims to 
the disputed lands. In exchange, the bill would establish the 
T'uf Shur Bien Preservation Trust Area on 9,890 acres of those 
lands. The Forest Service would retain ownership of the 
proposed area and continue to manage it as part of the national 
forest system, but S. 2018 would give the Pueblo of Sandia 
certain rights to use the area. In addition, the bill would 
direct the Forest Service to manage the proposed area in 
consultation with the tribe, establish a process for resolving 
disputes over land-use decisions, and specify other conditions 
for future management of the area. S. 2018 also would direct 
the Secretary of the Interior to take into trust on behalf of 
the Pueblo of Sandia certain lands currently owned by the 
Tribe. Finally, S. 2018 would provide up to $3 million in new 
direct spending authority for the Secretary of the Treasury to 
reimburse certain costs incurred by participants in court 
proceedings related to the land dispute.
    Estimated cost to the Federal Government: The estimate 
budgetary impact of S. 2018 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                         CHANGES IN DIRECT SPENDING \1\

Estimated budget authority.........................................        3        0        0        0        0
Estimated outlays..................................................        3        0        0        0        0
----------------------------------------------------------------------------------------------------------------
\1\ S. 2018 also would affect revenues and spending subjects to appropriation, but CBO estimates that such
  effects would not be significant in any year.

    Basis of estimate: For this estimate, CBO assumes that S. 
2018 will be enacted by the end of fiscal year 2002. CBO 
estimates that the bill would increase direct spending by $3 
million in 2003 and would have a negligible effect on 
governmental receipts (revenues). We also estimate that 
administrative costs of federal agencies would increase by less 
than $500,000 annually, assuming appropriation of the necessary 
amounts.

Direct spending

    S. 2018 would authorize the Secretary of the Treasury to 
spend, without further appropriation, up to $3 million to 
reimburse parties to the lawsuit brought against the federal 
government by the Pueblo of Sandia for certain costs incurred 
to participate in that lawsuit. Based on information from the 
tribe and other eligible parties, CBO estimates that the 
Secretary would spend $3 million for such reimbursements in 
2003.
    S. 2018 specifies that any reimbursements made pursuant to 
the bill would be in lieu of amounts that might otherwise be 
paid under the Equal Access to Justice Act. That act authorizes 
the federal government, under certain circumstances, to 
reimburse legal fees and expenses of parties who successfully 
sue the federal government. Under current law, the tribe is the 
only party that might qualify for reimbursements under that 
act, but whether the tribe would receive such reimbursements 
and when that might occur is very uncertain. Hence, CBO assumes 
that any forgone spending under the Equal Access to Justice Act 
would be negligible, and we estimate that the net increase in 
direct spending under S. 2018 would total about $3 million.

Revenues

    S. 2018 would authorize the Secretary of Agriculture to 
accept and use contributions from the Pueblo of Sandia or other 
nonfederal entities for certain administrative activities and 
the general benefit of the proposed trust area. Based on 
information from the Forest Service, we estimate that any cash 
contributions, which are recorded on the budget as governmental 
receipts, would not be significant in any year.

Spending, subject to appropriation

    Based on information from the Forest Service and the 
Department of the Interior, CBO estimates that those agencies 
would spend less than $500,000 a year to implement S. 2018, 
assuming appropriation of the necessary amounts. According to 
the Forest Service, designating the T'uf Shur Bien Preservation 
Trust Area and formalizing the process of consulting with the 
tribe on the management of lands within that area would not 
significantly affect the agency's costs to manage them. 
Likewise, the Department of the Interior expects that taking 
lands into trust on behalf of the tribe would not significantly 
increase federal costs.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The net 
changes in outlays and governmental receipts that are subject 
to pay-as-you-go procedures are shown in the following table.

----------------------------------------------------------------------------------------------------------------
                                                          By Fiscal Year, in Millions of Dollars--
                                           ---------------------------------------------------------------------
                                             2003   2004   2005   2006   2007   2008   2009   2010   2011   2012
----------------------------------------------------------------------------------------------------------------
Changes in outlays........................      3      0      0      0      0      0      0      0      0      0
Changes in receipts.......................      0      0      0      0      0      0      0      0      0      0
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 2018 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The provisions of this bill are generally 
consistent with a settlement agreement signed by the Pueblo of 
Sandia, and would impose no costs on the tribe other than those 
it would incur voluntarily as a party to that agreement.
    Estimate prepared by: Federal costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; 
Impact on the Private Sector: Cecil McPherson.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2018. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. The bill creates certain rights and interests 
within an area of the Cibola National Forest for the benefit of 
Sandia Pueblo in return for a final and permanent resolution of 
the Pueblo's ownership claim to Sandia Mountain.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little additional paperwork would result from the enactment 
of S. 2018, as ordered reported.

                        Executive Communications

    The pertinent legislative report received by the Committee 
on Energy and Natural Resources from the Department of the 
Interior setting forth Executive agency recommendations 
relating to S. 2018 is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                       Washington, DC, May 1, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on S. 2018, a bill to create the 
T'uf Shur Bien Preservation Trust Area (``Area'') within the 
Cibola National Forest. S. 2018 would implement, with some 
modifications, the Agreement of Compromise and Settlement 
signed by the Pueblo of Sandia (``Pueblo''), the Sandia Peak 
Tram Company, and the United States on behalf of the 
Departments of Agriculture, Justice, and the Interior on April 
4, 2000. The questions of ownership and use of approximately 
10,000 acres in the Cibola National Forest have been the 
subject of debate for nearly 20 years in both the judicial and 
executive branches of government and among the affected 
parties. The Administration supports a legislative solution and 
is willing to work with the New Mexico delegation and members 
of the Committees to that end.
    I have reviewed relevant portions of the record in both the 
Executive Branch and the Judicial Branch. I have recently taken 
the opportunity to look at the Area from both the ground and in 
the air and I have talked to representatives of the parties 
most affected by the legislative proposal. I quickly concluded 
what is perhaps obvious to the Committees; all sides are tired 
of litigating this matter and the non-federal parties are 
concerned about the uncertainty of the administrative process 
should the settlement agreement lapse in November 2002. I found 
broad support for a legislative solution. The following 
comments are offered in a spirit of reasonable compromise 
toward finality of the dispute.

Background

    The Pueblo of Sandia claims the western face of Sandia 
Mountain, which is part of the Sandia Mountain Wilderness to 
the northeast from Albuquerque, New Mexico. The Pueblo of 
Sandia's claim is based on a 1748 land grant from Spain to the 
Pueblo and an 1858 Act of Congress that confirmed the grant. 
The 1858 Act directed that a survey of the grant be made and a 
patent issued to the Pueblo. The survey was conducted in 1859 
and a patent was issued in 1864. The Pueblo claims that 
approximately 10,000 acres were mistakenly excluded from the 
grant due to a survey error. This area is now part of the 
Cibola National Forest and the Sandia Mountain Wilderness and 
extends generally from the foothills to the crest of the main 
ridge of the Sandia Mountains.
    In 1983, the Pueblo first approached the Department 
requesting a resurvey of their Spanish land grant and the 
issuance of a new patent claiming the eastern boundary of the 
grant had been incorrectly surveyed in 1859. In 1988, Solicitor 
Ralph Tarr issued an Opinion which found that no resurvey was 
warranted.
    In 1994 the Pueblo sued the Department of the Interior and 
the Department of Agriculture, claiming that the Department of 
the Interior's refusal to resurvey the grant was arbitrary and 
capricious. The United States District Court for the District 
of Columbia vacated the Tarr Opinion and remanded the issue to 
the Department in 1998. An appeal was filed, but proceedings 
were stayed for over a year pending mediation efforts among the 
Pueblo, the Sandia Peak Tram Company, the United States, the 
City of Albuquerque, the County of Bernalillo, and the Sandia 
Mountain Coalition. These mediation efforts resulted in the 
April 2000 Agreement of Compromise and Settlement, which was 
signed by the Pueblo, the Sandia Peak Tram Company, and the 
United States (represented by the Departments of Agriculture, 
Interior, and Justice). In November 2000 the Court of Appeals 
of the District of Columbia dismissed the appeal on the grounds 
that it lacked jurisdiction because the District Court's 
decision was not a final decision.
    On January 19, 2001, Solicitor John Leshy issued a new 
opinion which concluded that the 1859 survey of the Pueblo of 
Sandia's grant was erroneous. Mr. Leshy determined that a 
resurvey was warranted, but recommended that the Department 
conduct a resurvey of the grant only if the April 2000 
Agreement of Compromise and Settlement was not ratified by 
Congress. The Agreement binds the parties until November 15, 
2002, and will become permanent only through the enactment of 
legislation.

S. 2018

    Pursuant to the terms of S. 2018, Congress would authorize 
the establishment of the Area within the Cibola National Forest 
and the Sandia Mountain Wilderness. Title to the Area would 
remain in the United States while granting unrestricted access 
to the Area to the members of the Pueblo or the members of any 
other federally recognized Indian tribe authorized by the 
Pueblo to enter the Area for traditional and cultural uses. In 
addition, the Sandia Mountain Wilderness would be preserved in 
perpetuity as part of the Cibola National Forest and continue 
to be administered by the Secretary of Agriculture through the 
Forest Service. Gaming, mineral, or timber production in the 
Area would be prohibited under the bill.
    Under S. 2018, the Pueblo, as well as Bernalillo and 
Sandoval Counties, would have the right to give consent or 
withhold consent to new uses of the Area. The Pueblo would also 
be given the right to consultation regarding modified uses and 
would have exclusive authority to administer access to the Area 
for traditional and cultural uses by its members or the members 
of any other federally recognized Indian tribe.
    The legislation would also extinguish the Pueblo's claim of 
title to the Area and would therefore clear the titles of 
private landowners in the Area. S. 2018 would grant the Pueblo 
the right to compensation, as if it were an owner in fee, if a 
subsequent act of Congress were to diminish the wilderness and 
National Forest character of the Area.
    S. 2018 grants irrevocable rights of way in perpetuity to 
the County of Bernalillo for roads in Sandia Heights South 
Subdivision and Juan Tabo Canyon and the Crest Spur Trail 
(which crosses the La Luz tract). Modification or expansion of 
the rights of way for those roads would be subject to the 
Pueblo's written consent. The Secretary of the Interior would 
be required to grant irrevocable rights of way in perpetuity 
across Pueblo lands in existing utility corridors for utilities 
providing services to the private landowners in the 
subdivisions on Sandia Mountain.
    The aerial tramway, along with the crest facilities on 
Sandia Mountain, are excluded from the Area under the bill. 
Thus, the Pueblo would not have any civil, criminal, or 
administrative jurisdiction over the Area. However, the La Luz 
tract, which is owned by the Pueblo, would be transferred to 
the United States and held in trust for the Pueblo, subject to 
all limitations on use pertaining to the Area.
    The bill would not provide for the United States to take 
into trust the property owned by the Pueblo in the Evergreen 
Hills subdivision, but instead directs the Secretary of 
Agriculture to convey NFS land within the subdivision to the 
Pueblo.

Conclusion

    The United States, including the Department of the 
Interior, is bound by the existing Settlement Agreement until 
November 2002. It is the Department's view that the best way, 
and possibly the only way, to resolve this longstanding dispute 
is through legislation. To that end, we have attached some 
detailed comments on S. 2018.
    An identical letter has been sent to the Senate Committee 
on Indian Affairs.
    The Office of Management and Budget has advised that there 
is no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                      William G. Myers III,
                                                         Solicitor.

                               Attachment

    In addition to our letter, we are providing the following 
detailed comments:
Section and Comment
    Section 4(c)(3)--Bernalillo and Sandoval Counties are 
provided the right to consent or withhold consent to new uses 
in the Area. This provision parallels the right given to the 
Pueblo in Section 5(a)(30(i). The Administration supports local 
governmental involvement in federal land management decisions. 
It is not clear, however, that either of the two counties would 
exercise this authority if given to them. If the authority to 
veto new uses remains in the bill, those uses would be defined 
with particularity in the legislation so that both the federal 
agency and the party exercising the right have some direction 
from Congress as to what is intended. A definition of new uses 
is contained in the Management Plan which is an attachment to 
the Settlement Agreement, and this would be a good place to 
start.
    Section 12--The confusion and concern arising out of the 
lack of a definition of new uses, as discussed above, 
illustrate the concerns generally with Section 12. That section 
ratifies and confirms the Settlement Agreement and Management 
Plan. The Administration believes that it would be better to 
legislate all necessary provisions of the Settlement Agreement 
and the Management Plan and forego incorporating these 
documents by reference. Otherwise, the potential for protracted 
litigation could arise after good-faith efforts to reconcile 
the law, the Agreement, and the Plan fail.
    Section 4(g)--The last sentence of this section could be 
clarified if rewritten to read, ``Establishment of the Area 
does not in any way modify the existing boundary of the Pueblo 
grant as depicted on the map defined at Section 3(g).'' This 
will eliminate any confusion as to the definition of the 
``boundary'' which has been at the heart of the dispute for 
nearly twenty years.
    Section 7(b)(3)(B)--This section is one of several sections 
that uses the phrase ``traditional and cultural.'' Further 
definition of this phrase would be useful.
    Section 14(d)--The first sentence regarding land 
acquisition is ambiguous because it could be read to encompass, 
for example, the La Luz tract, as ``any other privately held 
lands within the Area.'' Under Section 8(e), the La Luz tract 
cannot be acquired by the Secretary of Agriculture because this 
tract is transferred to the United States to be held in trust 
for the Pueblo and to be administered by the Secretary of the 
Interior.
    Other Comments--The Committee should consider a new section 
that would state that, except as provided by Section 5(c)(1), 
nothing shall be construed in this Act as a legislative 
exercise of the power of eminent domain.
    Some parties have indicated that use of the term ``Trust'' 
in the title of the bill raises the question of whether the 
entire Area is to be held in trust by the United States, 
similar to the La Luz tract in Section 8(e). This clearly is 
not the intent, as explained in the Chairman's remarks at page 
S1940 of the March 14, 2002, Congressional Record. However, to 
address any concerns in this regard, either ``Trust'' should be 
removed from the title and similar references in the bill or 
the Chairman's explanation should be incorporated into the 
bill.
                                ------                                

    In addition, the testimony provided by the Department of 
Agriculture and the Department of Justice at the joint 
committee hearing follows:

 Statement of Nancy Bryson, General Counsel, Department of Agriculture

    Mr. Chairman and Members of the Committees: My name is 
Nancy Bryson, General Counsel, Department of Agriculture. Thank 
you for the opportunity to testify today on S. 2018, the ``T'uf 
Shur Bien Preservation Trust Area Act.'' This bill proposes to 
resolve the longstanding land title dispute of the Pueblo of 
Sandia with the Federal Government concerning rights arising 
under a 1748 land grant from the King of Spain and subsequently 
recognized by Congress. The Administration supports a 
legislative solution and is willing to work with the New Mexico 
delegation, and Members of the Committees to achieve that end.
    The T'uf Shur Bien Preservation Trust Area, as designated 
by S. 2018, would consist of approximately 10,000 acres with 
the Cibola National Forest. Located a few miles northeast of 
Albuquerque, the claim area lies within both Bernalillo and 
Sandoval Counties. Much of the claim area also is within the 
Sandia Mountain Wilderness designated by the Congress in the 
Endangered American Wilderness Act of 1978 (P.L. 95-237). The 
area is one of natural beauty and solitude, and provides 
significant opportunities for public recreation. It also is an 
area of religious and cultural significance for Native 
Americans and others.
    This title dispute has been ongoing for almost two decades 
during which time there have been opinions regarding title to 
the land by the General Counsel of the Department of 
Agriculture and the Solicitor of the Department of the 
Interior, as well as litigation in U.S. District Court. A 
decision remanding the matter to the Department of the Interior 
was appealed to the D.C. Circuit by the government on 
jurisdictional grounds.
    Between 1998 and 2000, while the case was pending in the 
D.C. Circuit, a mediated effort to settle the Sandia land claim 
was undertaken among all parties to the litigation including 
the Pueblo, the Federal Government, a coalition of private 
landowners and recreation groups, the Sandia Peak Tram Company, 
Bernalillo County and the City of Albuquerque. All the parties 
worked hard in a good faith effort to resolve this matter, and 
we commend those efforts. Ultimately, a Settlement Agreement 
was reached in April 2000, buy only among the Pueblo, the 
Sandia Peak Tram Company and the Federal Government. The City, 
the County, and the coalition had withdrawn from the 
negotiations.
    With some modifications, S. 2018 essentially implements the 
2000 Settlement Agreement. I will concentrate my remarks 
primarily in those areas where S. 2018 goes beyond the 
Settlement Agreement, where the provisions of the bill are 
unclear to us, or where S. 2018 can improve on the efforts made 
to date to resolve this dispute.
    We see at least three areas in which the bill goes beyond 
the settlement based on our review to date. First there is a 
provision for a mandated land exchange within a certain time. 
The Settlement Agreement does not include such a provision and 
we do not think one is appropriate as existing land exchange 
mechanisms are available. Second, the bill adds management 
rights for Sandoval and Bernalillo Counties. We do not disagree 
with this. The Department of Agriculture strongly supports 
involving tribal, state, and local governments in land 
management decisions that affect them. However, we think the 
change does require an expansion of both the Settlement 
Agreement and the Management Plan.
    In addition, the bill requires the Department to do a 
survey of the boundary area within 12 months. This new 
responsibility creates significant issues for the Department on 
which we would like to work with the Committee.
    Our second comment is that it would be very helpful to have 
the legislative language expressly incorporate the Settlement 
Agreement and Management Plan rather than by reference. 
Although the United States generally supports incorporation of 
such settlements by reference, such incorporation creates the 
potential for conflict in this case where the language of the 
bill and the Settlement Agreement and Management Plan conflict. 
For example, the bill provides that the area will be managed 
under laws and regulations applicable to the National Forest 
System. These include the National Forest Management Act. The 
Settlement Agreement, however, specifically exempts the T'uf 
Shur Bien Preservation Trust area from the National Forest 
Management Act. This area will not be subject to NFMA, but 
rather to the procedural and substantive requirements 
established in the Settlement Agreement and Management Plan. 
The legislation needs to set forth these provisions very 
clearly, particularly given the potential for confusing, 
overlapping and sometimes conflicting management. The parties 
have all expressed their interest in limiting future 
litigation. We think the likelihood of this can be enhanced by 
resolving potential ambiguities in the legislation itself.
    Finally, we believe the language in section 10(c) of the 
bill, clarifying that this Act is uniquely suited to resolve 
the Pueblo's claim, is a crucial element of any legislative 
resolution. This agreement, however, should not be considered 
precedent for any other situation involving National Forest 
System lands.
    Although this bill, if enacted, will resolve this 
particular dispute, it is important to emphasize that all 
settlements of Indian claims, including settlements that 
involve federal lands, must be ratified by Congress [pursuant 
to 25 U.S.C. 177]. Should Congress decide to delegate 
settlement authority regarding such claims to administration 
officials, however, the land management agency with 
jurisdiction over the land should have primary authority in 
determining whether the agency's lands would be conveyed as 
part of the settlement. We believe that with respect to 
National Forest System lands, responsibility should reside in 
the Department of Agriculture.
    The Department of Agriculture would like to work with the 
Committee to finally resolve this matter. We would like to find 
a resolution that addresses the identified concerns, maintains 
the character and beauty of the Sandia Mountain Wilderness, and 
protects and preserves the cultural and religious values of the 
area.
    This concludes my statement. I would be happy to answer any 
questions.
                                ------                                


    Statement of Thomas L. Sansonetti, Assistant Attorney General, 
   Environment and Natural Resources Division, Department of Justice

    Mr. Chairman and Members of the Committee, I am Tom 
Sansonetti, Assistant Attorney General for the Environment and 
Natural Resources Division of the Department of Justice. Thank 
you for the opportunity to testify before you today on S. 2018, 
Senator Bingaman's bill that would create the T'uf Shur Bien 
Preservation Trust Area within the Cibola National Forest and 
attempt to effectuate the settlement agreement entered into by 
the Pueblo of Sandia, the United States, and the Sandia Peak 
Tram company on April 4, 2000. This matter is of great 
importance to the Pueblo of Sandia, the people of the State of 
New Mexico, and the federal government. In my testimony today, 
I would like to give you some background on the history of the 
Pueblo's land claim and briefly discuss the settlement 
agreement.


                               background


    The underlying dispute giving rise to the settlement 
agreement and S. 2018 addresses the Pueblo's claim to a 10,000 
acre tract of land, now administered by the U.S. Forest Service 
as part of the Sandia Mountain Wilderness and Cibola National 
Forest. The Pueblo believes this tract of land was erroneously 
excluded from the government's recognition of the Pueblo's 
ancient Spanish land grant due to an inaccurate survey 
conducted by the Department of the Interior in 1859.
    The Pueblo is located on the east side of the Rio Grande 
north of Albuquerque, New Mexico. In 1748, the Spanish colonial 
government granted a parcel of land to the Pueblo. An 1858 Act 
of Congress confirmed the grant and directed the Commissioner 
of the Land Office to conduct a survey to designate the exact 
boundaries of the parcel. An 1859 survey of the Pueblo Grant, 
known as the Clements survey, showed the eastern boundary along 
the top of a foothill on the western slope of Sandia Mountain, 
rather than on the crest of the mountain. In 1864, President 
Abraham Lincoln issued a patent to the Pueblo which adopted the 
metes-and-bounds description of the 1859 survey.
    The Pueblo first contacted the Department of the Interior 
in 1983, contending that the 1859 survey had mistakenly set the 
wrong boundary, excluding about 10,000 acres, and that the 1864 
patent was therefore erroneous. The Pueblo requested a resurvey 
of their land grant and the issuance of a new patent 
designating the true eastern boundary as the crest of the 
mountain. In December 1988, the Department of the Interior 
Solicitor Ralph Tarr issued an Opinion, in which Secretary 
Donald Hodel concurred, denying the Pueblo's claim that the 
eastern boundary of the grant should be resurveyed and located 
along the crest of the Sandia Mountain.
    In 1994, the Pueblo filed an action against the Secretaries 
of the Interior and Agriculture in the U.S. District Court for 
the District of Columbia. The Pueblo sought an injunction 
requiring the Department of the Interior to correct the 
allegedly erroneous boundary.
    In January 1995, several individual landowners and the 
Sandia Mountain Coalition, an unincorporated association of 
landowners living in subdivisions within the boundaries of the 
National Forest, moved for and were granted status as 
intervenor-defendants in the case. Two months later, the Pueblo 
amended its complaint to expressly disclaim any right, title, 
or interest in land held in private ownership within the 
disputed tract. The County of Bernalillo was also granted 
intervenor-defendant status, and the City of Albuquerque and 
the Sandia Peak Tram Company became involved as amicus curiae.
    In July 1998, the district court issued an Opinion and 
Order setting aside the Tarr Opinion and remanding the matter 
to the Department of the Interior for further proceedings. The 
court found that the Department's decision not to resurvey the 
grant boundary was arbitrary and capricious because it accorded 
insufficient weight to the canon of construction that 
ambiguities should be construed in favor of Indians and because 
it over-emphasized the presumption of survey regularity.
    Thereafter, in August and September 1998, the United States 
and the intervenor-defendants filed notices of appeal from the 
district court's decision with the D.C. Circuit. However, after 
the appeals were filed, all of the parties involved in the 
litigation decided to engage in a cooperative effort to resolve 
the case without further litigation. In October 1998, the D.C. 
Circuit granted a motion to hold the appeals in abeyance 
pending these settlement negotiations.
    Negotiations began in earnest in December 1998, when the 
federal agencies, and the Pueblo, County, Coalition, City, and 
Tram representatives inaugurated a formal mediation process 
with the assistance of a third-party mediator in New Mexico. 
Despite progress being made by the named parties in the lawsuit 
over the course of several months, in August 1999 the 
intervenor-defendants and the City of Albuquerque withdrew from 
the mediation process. Nonetheless, the named parties in the 
litigation--the Pueblo and the federal agencies--along with the 
Tram Company, continued the negotiation process which 
eventually produced a settlement agreement signed by the 
parties on April 4, 2000. In November of that year, the appeal 
was dismissed by the U.S. Court of Appeals for the District of 
Columbia Circuit for lack of appellate jurisdiction. This 
decision granted a conditional motion by the United States to 
dismiss its appeal, contingent upon the D.C. Circuit actually 
ruling that jurisdiction would not exist over an appeal being 
pressed solely by the intervenor-defendants.
    Also in November 2000, the Pueblo renewed its petition to 
resurvey the boundary along the crest of the mountain, 
reiterating their lack of interest in the inholdings. In 
addition, the County of Benalillo and the Sandia Mountain 
Coalition contended that the Clements survey was erroneous in 
that the top of the foothill on the western slope of Sandia 
Mountain created too large of an area for the Pueblo. In 
response to these requests, Interior Solicitor John Leshy 
conducted another review, and on January 19, 2001, issued a new 
opinion that reconsidered the Tarr Opinion's conclusion. 
Solicitor Leshy concluded that the evidence showed that the 
Clements survey of the eastern boundary of the Pueblo's land 
grant was erroneous and should be set aside and, if necessary, 
a resurvey should be conducted. The Opinion acknowledged the 
settlement of the Pueblo's claim, which would obviate the need 
for a resurvey, and put in abeyance any implementation of the 
Opinion unless and until the Congress failed to pass 
legislation ratifying the settlement by November 15, 2002.


                          SETTLEMENT AGREEMENT


    The Agreement of Compromise and Settlement among the Pueblo 
of Sandia, the Sandia Peak Tram Company, and the United States 
on behalf of the Departments of the Interior and Agriculture, 
would settle the Pueblo's land claim suit upon ratification by 
an Act of Congress. The Settlement addresses many other 
important issues pertaining to the management of relevant 
portions of the Cibola National Forest, as well as questions of 
access across Pueblo lands to privately owned areas in the 
vicinity of the claim area.
    Some of the highlights of the settlement are as follows:
Creation of the T'uf Shur Bien Preservation Trust Area
     The claim area would be renamed the ``T'uf Shur 
Bien (a Tiwa term meaning ``Green Reed Mountain'') Preservation 
Trust Area and would remain part of the Sandia Mountain 
Wilderness and the Cibola National Forest.
     The United States would retain title to the Area.
     The Area would be established for the following 
purposes: to recognize and protect the Pueblo's rights and 
interests in and to the Area; to preserve in perpetuity the 
wilderness and National Forest character of the Area; and to 
respect and assure the public's use and enjoyment of the Area.
Administration of the area by the Forest Service
     The Secretary of Agriculture would continue to 
administer the Area as wilderness and National Forest under the 
Wilderness Act, most federal wildlife-protection laws 
(including the Endangered Species Act), other laws applicable 
to the National Forest System, and an Area-specific management 
plan.
     Statutes (including their associated regulations) 
administered by the Forest Service, other than the Wilderness 
Act and applicable federal wildlife protection laws, do not 
apply to Pueblo traditional and cultural uses.
Pueblo rights
     The Pueblo's right of access to the Area for 
traditional and cultural uses, except for regulation by the 
Wilderness Act and applicable federal wildlife protection laws, 
as described above, would be compensable if violated.
     The Pueblo would have a compensable interest in 
the perpetual preservation of the wilderness and National 
Forest character of the Area. If Congress ever impaired this 
interest by authorizing uses, such as commercial mineral or 
timber production, that are banned from the Area by the 
ratifying legislation, the Pueblo again would be compensated as 
though it held a fee-interest in the affected portion of the 
Area.
     The Pueblo would have specified, non-compensable 
rights to participate in the management of the Area under the 
management plan.
     The Pueblo would have exclusive authority to 
administer access to the Area by other tribes for traditional 
and cultural uses.
Rights-of-way
     The private landowners, the general public, and 
the Forest Service must cross Pueblo land to reach the 
subdivisions and the claim area. As part of the settlement, the 
Pueblo would grant perpetual rights of way to the County and 
the Forest Service for roads, trails, and utilities across 
Pueblo lands adjacent to the Area.
Jurisdiction
     The ratifying legislation would provide a scheme 
for the exercise of government jurisdiction over the Area, 
recognizing roles for the United States, the State of New 
Mexico, and the Pueblo.
Extinguishment of claims
     The settlement would provide for the comprehensive 
and permanent extinguishment of the Pueblo's claims to: (a) 
Lands within the Area; (b) the subdivisions and other privately 
owned tracts; (c) the lands described in the Tram's special use 
permit; and (d) all crest facilities and developments such as 
the electronic site. The ratifying legislation would clear all 
titles, both of the United States and the homeowners.
Withdrawal option
     The settlement provides that either the Pueblo or 
the United States may withdraw from the Settlement Agreement if 
either House of Congress passes ratifying legislation that is 
deemed inconsistent with the terms of the Settlement Agreement 
in a manner that materially prejudices their individual 
interests.


                               CONCLUSION


    The parties in this matter expended a great deal of time 
and effort to reach agreement and to produce a document which 
resolves many complex issues. The Administration supports a 
legislative solution and is willing to work with the New Mexico 
delegation and the members of the Committees to achieve that 
end.
    This concludes my testimony. Mr Chairman, I look forward to 
working with you and other members of the Committees on this 
legislation and would be pleased to answer any questions you 
may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2018, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                 FEDERAL LAND POLICY AND MANAGEMENT ACT


Public Law 94-579

           *       *       *       *       *       *       *



                  CORRECTION OF CONVEYANCE DOCUMENTS

           *       *       *       *       *       *       *


    Sec. 316. The Secretary may correct patents or documents of 
conveyance issued pursuant to section 208 of this Act or to 
other Acts relating to the disposal of public lands where 
necessary in order to eliminate errors. In addition, the 
Secretary may make corrections of errors in any documents of 
conveyance which have heretofore been issued by the Federal 
Government to dispose of public lands. Any corrections 
authorized by this section which affect the boundaries of, or 
jurisdiction over, lands administered by another Federal agency 
shall be made only after consultation with, and the approval 
of, the head of such agency.

           *       *       *       *       *       *       *


                                  
