[Senate Report 113-136]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 299
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-136

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TO MAKE A TECHNICAL AMENDMENT TO THE T'UF SHUR BIEN PRESERVATION TRUST 
                    AREA ACT, AND FOR OTHER PURPOSES

                                _______
                                

                January 28, 2014.--Ordered to be printed

                                _______
                                

      Ms. Cantwell, from the Senate Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 611]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 611) to make a technical amendment to the T'uf Shur 
Bien Preservation Trust Area Act, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill (as amended) do pass.

                                Purpose

    S. 611 amends the 2003 Act entitled `T'uf Shur Bien 
Preservation Trust Area Act' (P.L. 108-7), in order to resolve 
discrepancies involving the transfer of the specified lands 
related to the Sandia Pueblo of New Mexico land claim 
settlement.

                               Background

    The T'uf Shur Bien Preservation Trust Area Act settled the 
Pueblo of Sandia's claim to the west face of Sandia Mountain, 
New Mexico. As part of the land settlement, the Act directed 
the U.S. Forest Service to prepare and offer a land exchange of 
approximately 700 acres of Forest Service land to the Pueblo, 
with title restrictions that the land transferred to the Pueblo 
would remain in its natural state and not subject to any 
commercial development. The Pueblo was to provide compensation 
to the Forest Service for the 700-acre land transfer.
    Since the passage of the Act, the Forest Service has argued 
that the land to be transferred to the Pueblo should be 
appraised without title restrictions because the land use 
limitations mandated by the Act would take effect post-
conveyance. In response to the Forest Service's interpretation, 
Congress acted to clarify its original intent by passing the 
Sandia Pueblo Land Exchange Technical Amendment in 2009 (P.L. 
111-11). The amendment provided that the land use limitations 
on the lands to be transferred to the Pueblo be considered ``as 
a condition of conveyance,'' rather than limitations that apply 
post-conveyance. Notwithstanding the passage of the 2009 
technical amendment, there has been continued confusion about 
the Congressional intent on the matter of land valuation for 
transfer.
    S. 611 states that in return for the 700-acre land 
exchange, the Pueblo of Sandia will 1) transfer 70 acres (the 
La Luz Tract) to the Forest Service; and 2) agree to a 
conservation easement and right-of-way on another 160 acre 
parcel (Piedra Lisa). In addition, S. 611 makes the exchange 
automatic if it is not completed within 30 days of the Act's 
enactment.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the title of the bill to be the `Sandia 
Pueblo Settlement Technical Amendment Act'.

Section 2. Sandia Pueblo Settlement Technical Amendment

    Section 2 amends section 413(b)(4) of the T'uf Shur Bien 
Preservation Trust Area Act (P.L. 108-7) by striking 
``conveyance'' and inserting ``title to be conveyed.''
    Section 2 also adds a new subsection 6 to the Act, which 
provides that if the land transfer is not completed within 
thirty (30) days after enactment, on request of the Pueblo and 
the Secretary of the Interior, the Secretary of Agriculture is 
to carry-out the land transfer to the Secretary of the Interior 
to be held in trust by the United States for the Pueblo.
    The subsection also provides that after the transfer is 
complete, the Secretary of the Interior, with the consent of 
the Pueblo, shall transfer to the Secretary of Agriculture the 
Pueblo's La Luz tract and the conservation easement for the 
Piedra Lisa tract, and shall grant to the Secretary of 
Agriculture a right-of-way for the Piedra Lisa Trail within the 
Piedra Lisa tract.

                          Legislative History

    S. 611 was introduced on March 19, 2013, by Senator Tom 
Udall and Senator Martin Heinrich. The bill was referred to the 
Committee on Indian Affairs. On May 8, 2013, the Committee on 
Indian Affairs held a hearing on the bill. On October 30, 2013, 
the Committee met to consider the bill. One substitute 
amendment was offered, and the bill as amended was adopted and 
ordered favorably reported to the Senate by voice vote.

                       Summary of the Amendments

    Senator Udall of New Mexico offered an amendment in the 
nature of a substitute. The amendment clarifies that the 
Secretary of Agriculture is to transfer the Forest Service 
lands to the Secretary of the Interior to be held in trust for 
the Pueblo. The Secretary of the Interior will transfer the 
agreed-upon Pueblo lands and easements in lands to the 
Secretary of Agriculture.

                        Committee Recommendation

    October 30, 2013, the Senate Committee on Indian Affairs 
held a business meeting to consider S. 611 and other measures. 
Senator Udall of New Mexico introduced a substitute amendment, 
which was accepted by voice vote. The Committee ordered the 
bill, as amended, reported to the full Senate with the 
recommendation that it do pass.

                   Cost and Budgetary Considerations

    The following cost estimate, as provided by the 
Congressional Budget Office, dated December 2, 2013, was 
prepared for S. 611:

                                                  December 2, 2013.
Hon. Maria Cantwell,
Chairwoman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 611, the Sandia 
Pueblo Settlement Technical Amendment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 611--Sandia Pueblo Settlement Technical Amendment Act

    S. 611 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 S. 611 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 S. 
611 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    S. 611 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the Pueblo of Sandia.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 920 will 
have a minimal impact on regulatory or paperwork requirements.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 611.

                        Changes in Existing Law

    In accordance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 611, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter printed in italic):

                           16 U.S.C. 539m-11

    (b) Land Exchange.--
          (1) In general.--Not later than 180 days after 
        February 20, 2003, 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 
        1716(b) of title 43, 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 section 484a of 
        this title, 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 title to be conveyed [conveyance], 
        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 
        sections 539m to 539m-12 of this title.
          (5) Failure to make offer.--If the land exchange 
        offer is not made by the date that is 180 days after 
        February 20, 2003, 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.

                                  
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