[House Report 108-717]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-717
======================================================================
 
                          OJITO WILDERNESS ACT

                                _______
                                

October 4, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3176]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3176) to designate the Ojito Wilderness Study Area as 
wilderness, to take certain land into trust for the Pueblo of 
Zia, and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Ojito Wilderness Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) State.--The term ``State'' means the State of New Mexico.
          (4) Map.--The term ``map'' means the map entitled ``Ojito 
        Wilderness Act'' and dated September 8, 2004.
          (5) Wilderness.--The term ``Wilderness'' means the Ojito 
        Wilderness designated under section 3(a).

SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.

  (a) In General.--In furtherance of the purposes of the Wilderness Act 
(16 U.S.C. 1131 et seq.), there is hereby designated as wilderness, 
and, therefore, as a component of the National Wilderness Preservation 
System, certain land in the Albuquerque District-Bureau of Land 
Management, New Mexico, which comprise approximately 11,183 acres, as 
generally depicted on the map, and which shall be known as the ``Ojito 
Wilderness''.
  (b) Map and Legal Description.--The map and a legal description of 
the Wilderness shall--
          (1) be filed by the Secretary with the Committee on Energy 
        and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives as soon as 
        practicable after the date of the enactment of this Act;
          (2) have the same force and effect as if included in this 
        Act, except that the Secretary may correct clerical and 
        typographical errors in the legal description and map; and
          (3) be on file and available for public inspection in the 
        appropriate offices of the Bureau of Land Management.
  (c) Management of Wilderness.--Subject to valid existing rights, the 
Wilderness shall be managed by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with 
respect to the Wilderness, any reference in the Wilderness Act to the 
effective date of the Wilderness Act shall be deemed to be a reference 
to the date of the enactment of this Act.
  (d) Management of Newly Acquired Land.--If acquired by the United 
States, the following land shall become part of the Wilderness and 
shall be managed in accordance with this Act and other laws applicable 
to the Wilderness:
          (1) Section 12 of township 15 north, range 01 west, New 
        Mexico Principal Meridian.
          (2) Any land within the boundaries of the Wilderness.
  (e) Management of Lands to Be Added.--The lands generally depicted on 
the map as ``Lands to be Added'' shall become part of the Wilderness if 
the United States acquires, or alternative adequate access is available 
to section 12 of township 15 north, range 01 west.
  (f) Release.--The Congress hereby finds and directs that the lands 
generally depicted on the map as ``Lands to be Released'' have been 
adequately studied for wilderness designation pursuant to section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) 
and no longer are subject to the requirement of section 603(c) of such 
Act (16 U.S.C. 1782(c)) pertaining to the management of wilderness 
study areas in a manner that does not impair the suitability of such 
areas for preservation as wilderness.
  (g) Grazing.--Grazing of livestock in the Wilderness, where 
established before the date of the enactment of this Act, shall be 
administered in accordance with the provisions of section 4(d)(4) of 
the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth 
in Appendix A of the Report of the Committee on Interior and Insular 
Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. 
Rept. 101-405).
  (h) Fish and Wildlife.--As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be 
construed as affecting the jurisdiction or responsibilities of the 
State with respect to fish and wildlife in the State.
  (i) Water.--Nothing in this section shall affect any existing valid 
water right.
  (j) Withdrawal.--Subject to valid existing rights, the Wilderness, 
the lands to be added under subsection (e), and lands authorized to be 
acquired by the Pueblo as generally depicted on the map are withdrawn 
from--
          (1) all forms of entry, appropriation, and disposal under the 
        public land laws;
          (2) location, entry, and patent under the mining laws; and
          (3) operation of the mineral leasing, mineral materials, and 
        geothermal leasing laws.
  (k) Exchange.--Not later than 3 years after the date of the enactment 
of this Act, the Secretary shall seek to complete an exchange for State 
land within the boundaries of the Wilderness.

SEC. 4. LAND HELD IN TRUST.

  (a) In General.--Subject to valid existing rights and the conditions 
under subsection (d), all right, title, and interest of the United 
States in and to the lands (including improvements, appurtenances, and 
mineral rights to the lands) generally depicted on the map as ``BLM 
Lands Authorized to be Acquired by the Pueblo of Zia'' shall, on 
receipt of consideration under subsection (c) and adoption and approval 
of regulations under subsection (d), be declared by the Secretary to be 
held in trust by the United States for the Pueblo and shall be part of 
the Pueblo's Reservation.
  (b) Description of Lands.--The boundary of the lands authorized by 
this section for acquisition by the Pueblo where generally depicted on 
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road 
shall be 100 feet from the center line of the road.
  (c) Consideration.--
          (1) In general.--In consideration for the conveyance 
        authorized under subsection (a), the Pueblo shall pay to the 
        Secretary the amount that is equal to the fair market value of 
        the land conveyed, as subject to the terms and conditions in 
        subsection (d), as determined by an independent appraisal.
          (2) Appraisal.--To determine the fair market value, the 
        Secretary shall conduct an appraisal paid for by the Pueblo 
        that is performed in accordance with the Uniform Appraisal 
        Standards for Federal Land Acquisitions and the Uniform 
        Standards of Professional Appraisal Practice.
          (3) Availability.--Any amounts paid under paragraph (1) shall 
        be available to the Secretary, without further appropriation 
        and until expended, for the acquisition from willing sellers of 
        land or interests in land in the State.
  (d) Public Access.--
          (1) In general.--Subject to paragraph (2), the declaration of 
        trust and conveyance under subsection (a) shall be subject to 
        the continuing right of the public to access the land for 
        recreational, scenic, scientific, educational, paleontological, 
        and conservation uses, subject to any regulations for land 
        management and the preservation, protection, and enjoyment of 
        the natural characteristics of the land that are adopted by the 
        Pueblo and approved by the Secretary; Provided that the 
        Secretary shall ensure that the rights provided for in this 
        paragraph are protected and that a process for resolving any 
        complaints by an aggrieved party is established.
          (2) Conditions.--Except as provided in subsection (f)--
                  (A) In general.--The land conveyed under subsection 
                (a) shall be maintained as open space, and the natural 
                characteristics of the land shall be preserved in 
                perpetuity.
                  (B) Prohibited uses.--The use of motorized vehicles 
                (except on existing roads or as is necessary for the 
                maintenance and repair of facilities used in connection 
                with grazing operations), mineral extraction, housing, 
                gaming, and other commercial enterprises shall be 
                prohibited within the boundaries of the land conveyed 
                under subsection (a).
  (e) Rights of Way.--
          (1) Existing rights of way.--Nothing in this section shall 
        affect--
                  (A) any validly issued right-of-way, or the renewal 
                thereof; or
                  (B) the access for customary construction, operation, 
                maintenance, repair, and replacement activities in any 
                right-of-way issued, granted, or permitted by the 
                Secretary.
          (2) New rights of way and renewals.--
                  (A) In general.--The Pueblo shall grant any 
                reasonable requests for rights-of-way for utilities and 
                pipelines over land acquired under subsection (a) that 
                is designated as the Rights-of-Way corridor #1 as 
                established in the Rio Puerco Resource Management Plan 
                in effect on the date of the grant.
                  (B) Administration.--Any right-of-way issued or 
                renewed after the date of the enactment of this Act 
                over land authorized to be conveyed by this section 
                shall be administered in accordance with the rules, 
                regulations, and fee payment schedules of the 
                Department of the Interior, including the Rio Puerco 
                Resources Management Plan in effect on the date of 
                issuance or renewal of the right-of-way.
  (f) Judicial Relief.--
          (1) In general.--To enforce subsection (d), any person may 
        bring a civil action in the United States District Court for 
        the District of New Mexico seeking declaratory or injunctive 
        relief.
          (2) Sovereign immunity.--The Pueblo shall not assert 
        sovereign immunity as a defense or bar to a civil action 
        brought under paragraph (1).
          (3) Effect.--Nothing in this section--
                  (A) authorizes a civil action against the Pueblo for 
                money damages, costs, or attorneys fees; or
                  (B) except as provided in paragraph (2), abrogates 
                the sovereign immunity of the Pueblo.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3176 is to designate the Ojito 
Wilderness Study Area as wilderness, to take certain lands into 
trust for the Pueblo of Zia, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Ojito Wilderness Study Area (WSA), located in Sandoval 
County, New Mexico, represents an area of approximately 11,000 
acres, which was recommended for wilderness designation by the 
Bureau of Land Management's (BLM) New Mexico State Office in 
1991. The recommendation was based on its high-quality 
wilderness values, extensive cultural resources, both archaic 
and several prehistoric sites, other cultural and 
paleontological features and the lack of resources conflicts in 
the area. H.R. 3176 would designate the entire Ojito WSA as 
wilderness, subject to valid existing rights, and would 
continue to permit grazing that was established before the 
designation.
    H.R. 3176 would also transfer certain public lands 
(approximately 11,500 acres) located west of, and contiguous 
to, the main body of the Pueblo of Zia's current reservation, 
to trust status for the Pueblo of Zia to become part of the 
Pueblo's reservation. The purpose is to protect its religious 
and cultural sites in the area and to consolidate its land 
holdings. In 1978 and in 1986, the BLM transferred land to the 
Pueblo. H.R. 3176 would allow the Pueblo to acquire all right, 
title and interest (including mineral rights) to additional 
public land located adjacent to the reservation and the Ojito 
WSA. The transfer would be subject to valid existing rights and 
continuing right of the public to access the land for 
recreational, scientific, educational, paleontological and 
conservation uses, subject to regulations adopted by the Pueblo 
and approved by the Secretary of the Interior. The use of 
motorized vehicles off approved roads, mineral extraction, 
housing, gaming, and other commercial enterprises would be 
prohibited, and the Pueblo would be required to pay the 
Secretary fair market value for the lands.

                            COMMITTEE ACTION

    H.R. 3176 was introduced on September 24, 2003, by 
Congressman Tom Udall (D-NM). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation and Public Lands. On 
July 20, 2003, the Subcommittee held a hearing on the bill. On 
September 22, 2004, the Full Resources Committee met to 
consider the bill. The Subcommittee was discharged from further 
consideration of the bill by unanimous consent. Congressman 
Richard Pombo (R-CA) offered and withdrew an amendment that 
would have directed the Secretary of the Interior to release 
844 acres of land located in the Chamisa WSA determined non-
suitable for wilderness by the Bureau of Land Management. 
Congressman Tom Udall then offered an amendment in the nature 
of a substitute that made the following changes to the original 
text: (1) removed 42 acres from the original wilderness 
designation, due to an existing pipeline right-of-way; (2) 
clarified the grazing language; (3) added a water rights 
provision to address valid existing water rights; (4) addressed 
the mineral withdraw concern raised by the Administration; and 
(5) ensured private landowner access within the designated 
wilderness area. Congressman Pombo offered an amendment to the 
Udall amendment to strengthened the water rights provision. 
Following discussion on the amendment, Congressman Pombo 
withdrew the amendment. The Udall amendment was agreed to by 
voice vote. The bill, as amended, was ordered favorably 
reported to the Full Committee by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 3176 would increase both offsetting receipts 
and direct spending, but it estimates ``that the net change in 
direct spending would be negligible.''
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3176--Ojito Wilderness Act

    CBO estimates that implementing H.R. 3176 would have no 
significant impact on the federal budget. The bill would 
increase both offsetting receipts and direct spending, but we 
estimate that the net change in direct spending woul be 
negligible. Enacting H.R. 3176 would not affect revenues.
    H.R. 3176 would designate 11,183 acres of land in New 
Mexico as the Ojito Wilderness and would authorize the 
Secretary of the Interior, under certain circumstances, to 
expand that wilderness to include 118 additional acres of land. 
The bill would direct the Secretary to take into trust, on 
behalf of the Pueblo of Zia, about 11,500 acres of federal 
land. All of the affected federal land would be withdrawn from 
programs to develop natural resources. According to the Bureau 
of Land Management (BLM), that land currently generates no 
significant income from such programs and is not expected to do 
so over the next 10 years. Hence, we estimate that the proposed 
changes would not significantly affect offsetting receipts (a 
credit against direct spending). Based on information from BLM, 
we also estimate that any increase in federal spending for land 
management, which would be subject to appropriation, would not 
exceed $500,000 a year.
    In exchange for the Federal land to be taken into trust on 
behalf of the Pueblo of Zia, the Pueblo would pay to the 
Secretary the fair market value of that land as defined in the 
bill. The bill would authorize the Secretary to retain and 
spend amounts received from the Pueblo, without further 
appropriation, to acquire nonfederal property in New Mexico. 
Based on information form BLM, CBO estimates that the proposed 
transaction would increase offsetting receipts (a credit 
against direct spending) by up to $500,000 in 2005. We also 
estimate that those receipts would be largely offset by an 
increase in direct spending in the same year, resulting in a 
negligible net change in direct spending.
    H.R. 3176 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. 
Enacting this bill would benefit the Pueblo and would have no 
significant impact on the budgets of other state, local, or 
tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                                  
