[House Report 113-396]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-396
======================================================================
SANDIA PUEBLO SETTLEMENT TECHNICAL AMENDMENT ACT
_______
April 1, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 3605]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3605) to make a technical amendment to the T'uf
Shur Bien Preservation Trust Area Act, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 3605 is to make a technical amendment
to the T'uf Shur Bien Preservation Trust Area Act.
Background and Need for Legislation
In February 2003, the T'uf Shur Bien Preservation Trust
Area Act (Public Law 108-7) was established to protect areas on
Sandia Mountain, located east of Albuquerque, New Mexico, while
retaining the areas as part of the Cibola National Forest, that
are considered sacred for the Pueblo of Sandia. The Act
included land exchanges to the Pueblo and resolved the Pueblo
of Sandia's claim of ownership of the mountain.
One of the provisions in the 2003 Act was to transfer
National Forest land to the Pueblo. The U.S. Forest Service and
the tribe reached an agreement on the lands (of equal value) to
be transferred (approximately 710 acres); however, there is
disagreement over how those lands are to be valued. The 2003
Act mandates that lands to be transferred ``shall remain in its
natural state and shall not be subject to commercial
development of any kind.'' The Forest Service has argued that
the land to be transferred to the Pueblo should be appraised
without title restrictions, since land use limitations would
take place post-conveyance.
In 2009, Congress attempted to fix the valuation issue by
passing an amendment to the 2003 Act (Public Law 111-11).
Unfortunately, the Department of Agriculture did not believe
the technical amendment addressed the valuation issue. The
Department of Agriculture held a position that the land to be
transferred had to be appraised on its highest and best use
(even though the 2003 Act prohibited any commercial development
on the lands transferred).
H.R. 3605 would authorize the land transfer via an
interagency exchange between the Department of Agriculture and
the Department of the Interior. The U.S. Forest Service land
identified for exchange would be transferred to the Department
of the Interior, to be held in trust for the Pueblo, and the
Department of the Interior would transfer to the Forest Service
a property called the La Luz tract and the Piedra Lisa tract.
The bill's language had input from all the major stakeholders:
the Pueblo, Forest Service, and the Interior Department. H.R.
3605 is similar to a bill (S. 611, Sandia Pueblo Settlement
Technical Amendment Act) passed by the Senate on March 12,
2014.
Committee Action
H.R. 3605 was introduced on November 21, 2013, by
Congresswoman Michelle Lujan Grisham (D-NM). The bill was
referred to the Committee on Natural Resources, and within the
Committee to the Subcommittees on Indian and Alaska Native
Affairs and Public Lands and Environmental Regulation. On
February 5, 2014, the Subcommittee on Indian and Alaska Native
Affairs held a hearing on the bill. On February 27, 2014, the
Natural Resources Committee met to consider the bill. The
Subcommittees on Indian and Alaska Native Affairs and Public
Lands and Environmental Regulation were discharged by unanimous
consent. The bill was then adopted and ordered favorably
reported to the House of Representatives by unanimous consent.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 3605--Sandia Pueblo Settlement Technical Amendment Act
H.R. 3605 would require the Secretary of Agriculture to
transfer certain lands in the Sandia Mountain Wilderness and
Cibola National Forest in New Mexico to the Department of the
Interior to be held in trust for the Pueblo of Sandia. In
exchange for the specified National Forest lands, the
legislation would require the Secretary of the Interior to
transfer certain lands and easements held in trust for the
Pueblo of Sandia to the Forest Service.
CBO estimates that implementing H.R. 3605 would have no
significant impact on the federal budget. Based on information
provided by the Forest Service, CBO estimates that the cost of
administering the land transfers would be minimal Enacting H.R.
3605 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
H.R. 3605 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the Pueblo of Sandia.
On December 2, 2013, CBO transmitted a cost estimate for S.
611, the Sandia Pueblo Settlement Technical Amendment Act, as
ordered reported by the Senate Committee on Indian Affairs on
October 20, 2013. The two pieces of legislation are similar,
and the CBO cost estimates are the same.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. CBO estimates that
the cost of administering the land transfers would be minimal.
Enacting H.R. 3605 would not affect direct spending or
revenues.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to make a technical amendment to the
T'uf Shur Bien Preservation Trust Area Act.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as 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):
T'UF SHUR BIEN PRESERVATION TRUST AREA ACT
* * * * * * *
DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003
* * * * * * *
TITLE IV--T'UF SHUR BIEN PRESERVATION TRUST AREA
* * * * * * *
SEC. 413. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND EXCHANGE.
(a) Contributions.--
(1) In general.--The Secretary may accept
contributions from the Pueblo, or from other persons or
governmental entities--
(A) to perform and complete a survey of the
Area; or
(B) to carry out any other project or
activity for the benefit of the Area in
accordance with this title.
(2) Deadline.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall complete
the survey of the Area under paragraph (1)(A).
(b) Land Exchange.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, after consultation with
the Pueblo, the Secretary shall, in accordance with
applicable laws, prepare and offer a land exchange of
National Forest land outside the Area and contiguous to
the northern boundary of the Pueblo's Reservation
within sections 3, 10, 11, and 14 of T12N, R4E,
N.M.P.M., Sandoval County, New Mexico excluding
wilderness land, for land owned by the Pueblo in the
Evergreen Hills subdivision in Sandoval County
contiguous to National Forest land, and the La Luz
tract in Bernalillo County.
(2) Acceptance of payment.--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 land or interests
transferred out of Federal ownership.
(3) Funds received.--Any funds received by the
Secretary as a result of the exchange shall be
deposited in the fund established under the Act of
December 4, 1967, known as the Sisk Act (16 U.S.C.
484a), and shall be available to purchase non-Federal
land within or adjacent to the National Forests in the
State of New Mexico.
(4) Treatment of land exchanged or conveyed.--All
land exchanged or conveyed to the Pueblo is declared to
be held in trust for the Pueblo by the United States
and added to the Pueblo's Reservation subject to all
existing and outstanding rights and shall, as a
condition of the [conveyance] title to be conveyed,
remain in its natural state and shall not be subject to
commercial development of any kind. Land exchanged or
conveyed to the Forest Service shall be subject to all
limitations on use pertaining to the Area under this
title.
(5) Failure to make offer.--If the land exchange
offer is not made by the date that is 180 days after
the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on
Resources of the United States House of
Representatives, a report explaining the reasons for
the failure to make the offer including an assessment
of the need for any additional legislation that may be
necessary for the exchange. If additional legislation
is not necessary, the Secretary, consistent with this
section, should proceed with the exchange pursuant to
existing law.
(6) Failure to exchange.--
(A) In general.--If the land exchange
authorized under paragraph (1) is not completed
by the date that is 30 days after the date of
enactment of this paragraph, the Secretary, on
request of the Pueblo and the Secretary of the
Interior, shall transfer the National Forest
land generally depicted as ``Land to be Held in
Trust'' on the map entitled ``Sandia Pueblo
Settlement Technical Amendment Act'' and dated
October 18, 2013, to the Secretary of the
Interior to be held in trust by the United
States for the Pueblo--
(i) subject to the restriction
enforced by the Secretary of the
Interior that the land remain
undeveloped, with the natural
characteristics of the land to be
preserved in perpetuity; and
(ii) consistent with subsection (c).
(B) Other transfers.--After the transfer
under subparagraph (A) is complete, the
Secretary of the Interior, with the consent of
the Pueblo, shall--
(i) transfer to the Secretary,
consistent with section 411(c)--
(I) the La Luz tract
generally depicted on the map
entitled ``Sandia Pueblo
Settlement Technical Amendment
Act'' and dated October 18,
2013; and
(II) the conservation
easement for the Piedra Lisa
tract generally depicted on the
map entitled ``Sandia Pueblo
Settlement Technical Amendment
Act'' and dated October 18,
2013; and
(ii) grant to the Secretary a right-
of-way for the Piedra Lisa Trail within
the Piedra Lisa tract generally
depicted on the map entitled ``Sandia
Pueblo Settlement Technical Amendment
Act'' and dated October 18, 2013.
(c) Land Acquisition and Other Compensation.--
(1) In general.--The Secretary may acquire land owned
by the Pueblo within the Evergreen Hills Subdivision in
Sandoval County or any other privately held land inside
of the exterior boundaries of the Area. The boundaries
of the Cibola National Forest and the Area shall be
adjusted to encompass any land acquired pursuant to
this section.
(2) Piedra lisa tract.--Subject to the availability
of appropriations, the Secretary shall compensate the
Pueblo for the fair market value of--
(A) the right-of-way established pursuant to
section 409(h)(3)(C); and
(B) the conservation easement established by
the limitations on use of the Piedra Lisa tract
pursuant to section 409(b)(2).
(d) Reimbursement of Certain Costs.--
(1) In general.--The Pueblo, the County of
Bernalillo, New Mexico, and any person that 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) Treatment of reimbursement.--Any 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) Payments.--Subject to the availability of
appropriated funds the Secretary of the Treasury shall
make reimbursement payments as provided in this
section.
(4) Applications.--Not later than 180 days after the
date of enactment of this Act, applications for
reimbursement shall be filed with the Department of the
Treasury, Financial Management Service, Washington,
D.C.
(5) Maximum reimbursement.--No party shall be
reimbursed in excess of $750,000 under this section,
and the total amount reimbursed in accordance with this
section shall not exceed $3,000,000.
* * * * * * *