I 

108TH CONGRESS 

1ST SESSION H. R. 222

To establish the T’uf Shur Bien Preservation Trust Area in the Cibola 

National Forest, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mrs. WILSON of New Mexico (for herself, Mr. PEARCE, and Mr. UDALL of 

New Mexico) introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To establish the T’uf Shur Bien Preservation Trust Area 

in the Cibola National Forest, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘T’uf Shur Bien Preser5 vation Trust Area Act’’. 

6 SEC. 2. FINDING AND STATEMENT OF PURPOSE. 

7 (a) FINDING.—The Congress finds that in 1748, the 

8 Pueblo of Sandia received a grant from a representative 

9 of the King of Spain, which grant was recognized and con10 firmed by Congress in 1858 (11 Stat. 374). In 1994, the 
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1 Pueblo filed a lawsuit against the Secretary of the Interior 

2 and the Secretary of Agriculture in the U.S. District 

3 Court for the District of Columbia, Civil No. 

4 1:94CV02624, asserting that Federal surveys of the grant 

5 boundaries erroneously excluded certain lands within the 

6 Cibola National Forest, including a portion of the Sandia 

7 Mountain Wilderness. 

8 (b) PURPOSES.—The purposes of this Act are to—

9 (1) establish the T’uf Shur Bien Preservation 

10 Trust Area in the Cibola National Forest; 

11 (2) confirm the status of National Forest Sys12 tem lands and wilderness lands in the Area while re13 solving issues associated with the Pueblo’s lawsuit 

14 and the opinions of the Solicitor of the Department 

15 of the Interior dated December 9, 1988 (M–36963; 

16 96 I.D. 331) and January 19, 2001 (M–37002); and 

17 (3) provide the Pueblo, parties involved in the 

18 litigation, and the public with a fair and just settle19 ment of the Pueblo’s claim. 

20 SEC. 3. DEFINITIONS. 

21 For purposes of this Act: 

22 (1) AREA.—The term ‘‘Area’’ means the T’uf 

23 Shur Bien Preservation Trust Area as depicted on 

24 the map, except that the term excludes the subdivi-
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1 sions, Pueblo-owned lands, the crest facilities, and 

2 the special use permit lands. 

3 (2) CREST FACILITIES.—The term ‘‘crest facili4 ties’’ means all facilities and developments located 

5 on the crest of Sandia Mountain, including the 

6 Sandia Crest Electronic Site; electronic site access 

7 roads; the Crest House; the upper terminal, res8 taurant, and related facilities of Sandia Peak Tram 

9 Company; the Crest Observation Area; parking lots; 

10 restrooms; the Crest Trail (Trail No. 130); hang 

11 glider launch sites; and the Kiwanis cabin; as well 

12 as the lands upon which such facilities are located 

13 and the lands extending 100 feet along terrain to 

14 the west of each such facility, unless a different dis15 tance is agreed to in writing between the Forest 

16 Service and the Pueblo and documented in the sur17 vey of the Area. 

18 (3) EXISTING USES AND ACTIVITIES.—The 

19 term ‘‘existing uses and activities’’ means uses and 

20 activities occurring in the Area on the date of enact21 ment of this Act, or which have been authorized in 

22 the Area after November 1, 1995, but before the 

23 date of enactment of this Act. 

24 (4) LA LUZ TRACT.—The term ‘‘La Luz Tract’’ 

25 means that tract comprised of approximately 31 
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1 acres of land owned in fee by the Pueblo and de2 picted on the map. 

3 (5) LOCAL PUBLIC BODIES.—The term ‘‘local 

4 public bodies’’ means political subdivisions of the 

5 State of New Mexico as defined in New Mexico Code 

6 sec. 6–5–1. 

7 (6) MAP.—The term ‘‘map’’ means the Forest 

8 Service map entitled ‘‘T’uf Shur Bien Preservation 

9 Trust Area’’, dated April 2000. 

10 (7) MODIFIED USES OR ACTIVITIES.—The term 

11 ‘‘modified uses or activities’’ means existing uses 

12 which are being modified or re-configured, but which 

13 are not being significantly expanded, including a 

14 trail or trailhead being modified, such as to accom15 modate handicapped access, a parking area being 

16 reconfigured though not expanded, or a special use 

17 authorization for a group recreation activity being 

18 authorized for a different use area or time period. 

19 (8) NEW USES OR ACTIVITIES.—The term ‘‘new 

20 uses or activities’’ means uses or activities not occur21 ring in the Area on the date of enactment of this 

22 Act, as well as existing uses or activities that are 

23 being modified such that they significantly expand 

24 or alter their previous scope, dimensions, or impacts 

25 on the land, water, air and/or wildlife resources of 
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1 the Area. New uses and activities do not apply to 

2 new uses or activities that are categorically excluded 

3 from documentation requirements pursuant to the 

4 National Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.), or to activities undertaken to 

6 comply with the Endangered Species Act of 1973 

7 (16 U.S.C. 1531 et seq.). 

8 (9) PIEDRA LISA TRACT.—The term ‘‘Piedra 

9 Lisa tract’’ means that tract comprised of approxi10 mately 160 acres of land held in private ownership 

11 and depicted on the map. 

12 (10) PUEBLO.—The term ‘‘Pueblo’’ means the 

13 Pueblo of Sandia in its governmental capacity. 

14 (11) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of Agriculture, except where 

16 otherwise expressly indicated. 

17 (12) SETTLEMENT AGREEMENT.—The term 

18 ‘‘Settlement Agreement’’ means the Agreement of 

19 Compromise and Settlement dated April 4, 2000, be20 tween the United States, the Pueblo, and the Sandia 

21 Peak Tram Company. 

22 (13) SPECIAL USE PERMIT.—The term ‘‘special 

23 use permit’’ means the December 1, 1993, Special 

24 Use Permit issued by the Forest Service to Sandia 

25 Peak Tram Company and Sandia Peak Ski Com-
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1 pany, encompassing approximately 46 acres of the 

2 corridor presently dedicated to aerial tramway use, 

3 and approximately 945 acres of the ski area, as well 

4 as the lands described generally in Exhibit A to the 

5 December 31, 1993, Special Use Permit, including 

6 the maintenance road to the lower tram tower, water 

7 storage and distribution facilities, seven helispots, 

8 and the other lands described therein. 

9 (14) SUBDIVISIONS.—The term ‘‘subdivisions’’ 

10 means the subdivisions of Sandia Heights Addition, 

11 Sandia Heights North Units I, II, and 3, Tierra 

12 Monte, Valley View Acres, and Evergreen Hills, as 

13 well as any additional plats and privately owned 

14 properties depicted on the map. 

15 (15) TRADITIONAL AND CULTURAL USES.—The 

16 terms ‘‘traditional and cultural uses’’ and ‘‘tradi17 tional and cultural purposes’’ mean ceremonial ac18 tivities, including the placing of ceremonial materials 

19 in the Area, and the use, hunting, trapping or gath20 ering of plants, animals, wood, water, and other nat21 ural resources, but only for non-commercial pur22 poses. 

23 SEC. 4. T’UF SHUR BIEN PRESERVATION TRUST AREA. 

24 (a) ESTABLISHMENT.—The T’uf Shur Bien Preser25 vation Trust Area is established within the Cibola Na-
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1 tional Forest and the Sandia Mountain Wilderness as de2 picted on the map—

3 (1) to recognize and protect in perpetuity the 

4 Pueblo’s rights and interests in and to the Area, as 

5 specified in section 5(a) of this Act; 

6 (2) to preserve in perpetuity the Wilderness and 

7 National Forest character of the Area; and 

8 (3) to recognize and protect in perpetuity the 

9 public’s longstanding use and enjoyment of the Area. 

10 (b) ADMINISTRATION AND APPLICABLE LAW.—The 

11 Secretary, acting through the Forest Service, shall con12 tinue to administer the Area as part of the National For13 est System and incorporate the provisions of this Act af14 fecting management of the Area, including section 5(a)(3) 

15 and section 7. 

16 (c) EXCEPTIONS.—

17 (1) Traditional and cultural uses by Pueblo 

18 members and members of other federally recognized 

19 Indian tribes authorized to use the Area by the 

20 Pueblo under section 5(a)(4) of this Act shall not be 

21 restricted except by the Wilderness Act and its regu22 lations as they exist on the date of enactment of this 

23 Act and by applicable federal wildlife protection laws 

24 as provided in section 6(a)(2) of this Act. 
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1 (2) To the extent that laws enacted or amended 

2 after the date of this Act are inconsistent with this 

3 Act, they shall not apply to the Area unless ex4 pressly made applicable by Congress. 

5 (3) The use of the word ‘‘Trust’’ in the name 

6 of the Area is in recognition of the Pueblo’s specific 

7 rights and interests in the Area, and does not confer 

8 upon the Pueblo the ownership interest that exists 

9 when the Secretary of the Interior accepts the title 

10 to land in trust for the benefit of an Indian tribe. 

11 (d) AREA DEFINED.—

12 (1) The Area shall be comprised of approxi13 mately 9,890 acres of land within the Cibola Na14 tional Forest as depicted on the map. 

15 (2) As soon as practicable after enactment of 

16 this Act, the Secretary shall file the map and a legal 

17 description of the Area with the Committee on Re18 sources of the House of Representatives and with 

19 the Committee on Energy and Natural Resources of 

20 the Senate. The map and legal description shall be 

21 on file and available for public inspection in the Of22 fice of the Chief of the Forest Service. 

23 (3) Such map and legal description shall have 

24 the same force and effect as if included in this Act, 

25 except that—
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1 (A) clerical and typographical errors shall 

2 be corrected: 

3 (B) changes that may be necessary pursu4 ant to section 9(b), 9(d), 9(e), 14(c) and 14(d) 

5 shall be made; and 

6 (C) to the extent the map and the lan7 guage of this Act conflict, the language of the 

8 Act controls. 

9 (e) NO CONVEYANCE OF TITLE.—The United States’ 

10 right, and interest in or to the Area or any part thereof 

11 shall not be conveyed to or exchanged with any person, 

12 trust, or governmental entity, including the Pueblo, with13 out specific authorization of Congress. 

14 (f) PROHIBITED USES.—Notwithstanding any other 

15 provision of law, no use prohibited by the Wilderness Act 

16 as of the date of enactment of this Act may occur in the 

17 Wilderness portion of the Area; nor may any of the fol18 lowing uses occur in any portion of the Area; gaming or 

19 gambling of any kind, mineral production, timber produc20 tion, and new uses or activities to which the Pueblo objects 

21 pursuant to section 5(a)(3) of this Act. The Area is closed 

22 to the location of mining claims under the Mining Law 

23 of 1872 (30 U.S.C. 22). 

24 (g) NO MODIFICATION OF BOUNDARIES.—Creation 

25 of the T’uf Shur Bien Preservation Trust Area shall not 
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1 affect the boundaries of, nor repeal or disestablish the 

2 Sandia Mountain Wilderness or the Cibola National For3 est. Establishment of the Area does not in any way modify 

4 the existing boundary of the Pueblo grant. 

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

6 THE AREA. 

7 (a) GENERAL.—The Pueblo shall have the following 

8 rights and interests in the Area: 

9 (1) Free and unrestricted access to the Area for 

10 traditional and cultural uses to the extent not incon11 sistent with the Wilderness Act and its regulations 

12 as they exist on the date of enactment of this Act 

13 and with applicable federal wildlife protection laws 

14 as provided in section 6(a)(2); 

15 (2) Perpetual preservation of the Wilderness 

16 and National Forest character of the Area under 

17 this Act; 

18 (3) Rights in the management of the Area as 

19 set forth in section 7, which include—

20 (A) the right to consent or withhold con21 sent to new uses; 

22 (B) the right to consultation regarding 

23 modified uses; 

24 (C) the right to consultation regarding the 

25 management and preservation of the Area; and 
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1 (D) the right to dispute resolution proce2 dures; 

3 (4) Exclusive authority, in accordance with its 

4 customs and laws, to administer access to the Area 

5 for traditional and cultural uses by members of the 

6 Pueblo and of other federally recognized Indian 

7 tribes; and 

8 (5) Such other rights and interests as are enu9 merated and recognized in sections 4, 5(c), 7, 8, and 

10 9. 

11 (b) LIMITATION.—Except as provided in subsection 

12 (a)(4), access to and use of the Area for all other purposes 

13 shall continue to be administered by the Secretary through 

14 the Forest Service. 

15 (c) COMPENSABLE INTEREST.—

16 (1) If, by an Act of Congress enacted subse17 quent to the effective date of this Act, Congress di18 minishes the Wilderness and National Forest des19 ignation of the Area by authorizing a use prohibited 

20 by section 4(f) in all or any portion of the Area, or 

21 denies the Pueblo access for any traditional and cul22 tural uses in all or any portion of the Area, the 

23 United States shall compensate the Pueblo as if the 

24 Pueblo had held a fee title interest in the affected 

25 portion of the Area and as though the United States 
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1 had acquired such interest by legislative exercise of 

2 its power of eminent domain, and the restrictions of 

3 sections 4(f) and 6(a) shall be disregarded in deter4 mining just compensation owed to the Pueblo. 

5 (2) Any compensation made to the Pueblo pur6 suant to subsection (c)(1) does not in any way affect 

7 the extinguishment of claims set forth in section 10. 

8 SEC. 6. LIMITATIONS ON PUEBLO OF SANDIA RIGHTS AND 

9 INTERESTS IN THE AREA. 

10 (a) LIMITATIONS.—The Pueblo’s rights and interests 

11 recognized in this Act do not include—

12 (1) any right to sell, grant, lease, convey, en13 cumber or exchange lands in the Area, or any right 

14 or interest therein, and any such conveyance shall 

15 not have validity in law or equity; 

16 (2) any exemption from applicable federal wild17 life protection laws; 

18 (3) any right to engage in any activity or use 

19 prohibited in section 4(f); or 

20 (4) any right to exclude persons or govern21 mental entities from the Area. 

22 (b) EXCEPTION.—No person who exercises tradi23 tional and cultural use rights as authorized in section 

24 5(a)(4) of this Act may be prosecuted for a federal wildlife 
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1 offense requiring proof of a violation of a state law or reg2 ulation. 

3 SEC. 7. MANAGEMENT OF THE AREA. 

4 (a) PROCESS.—

5 (1) GENERAL.—The Forest Service shall con6 sult with the Pueblo of Sandia not less than twice 

7 a year, unless otherwise mutually agreed, concerning 

8 protection, preservation, and management of the 

9 Area, including proposed new and modified uses and 

10 activities in the Area and authorizations that are an11 ticipated during the next six months and approved 

12 in the preceding six months. 

13 (2) NEW USES AND ACTIVITIES.—

14 (A) If after consultation the Pueblo of 

15 Sandia denies its consent for a new use or ac16 tivity within 30 days of the consultation, the 

17 Forest Service will not be authorized to proceed 

18 with the activity or use. If the Pueblo consents 

19 to the new use or activity in writing or fails to 

20 respond within 30 days, the Forest Service may 

21 proceed with the notice and comment process 

22 and the environmental analysis. 

23 (B) Before the Forest Service signs a 

24 Record of Decision (ROD) or Decision Notice 

25 (DN) for a proposed use or activity, the Forest 
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1 Service will again request Pueblo consent within 

2 30 days of the Pueblo’s receipt of the proposed 

3 ROD or DN. If the Pueblo refuses to consent, 

4 the activity or use will not be authorized. If the 

5 Pueblo fails to respond to the consent request 

6 within 30 days after the proposed ROD or DN 

7 is provided to the Pueblo, the Pueblo will be 

8 deemed to have consented to the proposed ROD 

9 or DN and the Forest Service may proceed to 

10 issue the final ROD or DN. 

11 (3) PUBLIC INVOLVEMENT.—For proposed new 

12 and modified uses and activities, the public shall be 

13 provided notice of—

14 (A) the purpose and need for the proposed 

15 action or activity, 

16 (B) the Pueblo’s role in the decision-mak17 ing process, and 

18 (C) the Pueblo’s position on the proposal. 

19 (4) CHALLENGE.— Any person may file an ac20 tion in the United States District Court for the Dis21 trict of New Mexico to challenge Forest Service de22 terminations of what constitutes a new or a modified 

23 use or activity. 

24 (b) EMERGENCIES AND EMERGENCY CLOSURE OR25 DERS.—The Forest Service shall retain its existing au-
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1 thorities to manage emergency situations, to provide for 

2 public safety, and to issue emergency closure orders in the 

3 Area subject to applicable law. The Forest Service shall 

4 notify the Pueblo of Sandia regarding emergencies, public 

5 safety issues, and emergency closure orders as soon as 

6 possible. Such actions are not subject to the Pueblo’s right 

7 to withhold consent to new uses in the Area as set forth 

8 in section 5(a)(3)(i). 

9 (c) DISPUTES INVOLVING FOREST SERVICE MAN10 AGEMENT AND PUEBLO TRADITIONAL USES.—

11 (1) GENERAL.—In the event that Forest Serv12 ice management of the Area and Pueblo traditional 

13 and cultural uses conflict, and the conflict does not 

14 pertain to new or modified uses subject to the proc15 ess set forth in subsection (a), the process for dis16 pute resolution set forth in this subsection shall take 

17 effect. 

18 (2) DISPUTE RESOLUTION PROCESS.—

19 (A) When there is a dispute between the 

20 Pueblo and the Forest Service regarding Pueblo 

21 traditional and cultural use and Forest Service 

22 management of the Area, the party identifying 

23 the dispute shall notify the other party in writ24 ing addressed to the Governor of the Pueblo or 

25 the Regional Forester respectively, setting forth 
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1 the nature of the dispute. The Regional For2 ester or designee and the Governor of the Pueb3 lo or designee shall attempt to resolve the dis4 pute for no less than 30 days after notice has 

5 been provided before filing an action in United 

6 States District Court for the District of New 

7 Mexico. 

8 (B) DISPUTES REQUIRING IMMEDIATE

9 RESOLUTION.—In the event of a conflict that 

10 requires immediate resolution to avoid immi11 nent, substantial and irreparable harm, the 

12 party alleging such conflict shall notify the 

13 other party and seek to resolve the dispute 

14 within 3 days of the date of notification. If the 

15 parties are unable to resolve the dispute within 

16 3 days, either party may file an action for im17 mediate relief in the United States District 

18 Court for the District of New Mexico, and the 

19 procedural exhaustion requirements set forth 

20 above shall not apply. 

21 SEC. 8. JURISDICTION OVER THE AREA. 

22 (a) CRIMINAL JURISDICTION.—Notwithstanding any 

23 other provision of law, jurisdiction over crimes committed 

24 in the Area shall be allocated as follows: 
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1 (1) To the extent that the allocations of crimi2 nal jurisdiction over the Area under paragraphs (2), 

3 (3), and (4) of this subsection are overlapping, they 

4 should be construed to allow for the exercise of con5 current criminal jurisdiction. 

6 (2) The Pueblo shall have jurisdiction over 

7 crimes committed by its members or by members of 

8 another federally recognized Indian tribe who are 

9 present in the Area with the Pueblo’s permission 

10 pursuant to section 5(a)(4). 

11 (3) The United States shall have jurisdiction 

12 over—

13 (A) the offenses listed in section 1153 of 

14 title 18, U.S. Code, including any offenses 

15 added to the list in that statute by future 

16 amendments thereto, when such offenses are 

17 committed by members of the Pueblo and other 

18 federally recognized Indian tribes; 

19 (B) crimes committed by any person in 

20 violation of laws and regulations pertaining to 

21 the protection and management of National 

22 Forests; 

23 (C) enforcement of federal criminal laws of 

24 general applicability; and 
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1 (D) any other offense committed by a 

2 member of the Pueblo against a non-member of 

3 the Pueblo. Any offense which is not defined 

4 and punished by federal law in force within the 

5 exclusive jurisdiction of the United States shall 

6 be defined and punished in accordance with the 

7 laws of the State of New Mexico. 

8 (4) The State of New Mexico shall have juris9 diction over any crime under its laws committed by 

10 a person not a member of the Pueblo. 

11 (b) CIVIL JURISDICTION.—

12 (1) Except as provided in paragraphs (2), (3), 

13 (4), and (5), the United States, the State of New 

14 Mexico, and local public bodies shall have same civil 

15 adjudicatory, regulatory, and taxing jurisdiction over 

16 the Area as they exercised prior to the enactment of 

17 this Act. 

18 (2) The Pueblo shall have exclusive civil adju19 dicatory jurisdiction over—

20 (A) disputes involving only members of the 

21 Pueblo; 

22 (B) civil actions brought by the Pueblo 

23 against members of the Pueblo; and 

24 (C) civil actions brought by the Pueblo 

25 against members of other federally recognized 
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1 Indian tribes for violations of understandings 

2 between the Pueblo and that member’s tribe re3 garding use or access to the Area for traditional 

4 and cultural purposes. 

5 (3) The Pueblo shall have no regulatory juris6 diction over the Area with the exception of—

7 (A) exclusive authority to regulate tradi8 tional and cultural uses by the Pueblo’s own 

9 members and to administer access to the Area 

10 by other federally recognized Indian tribes for 

11 traditional and cultural uses, to the extent such 

12 regulations is consistent with this Act; and 

13 (B) The Pueblo shall have exclusive au14 thority to regulate hunting and trapping in the 

15 Area by its members that is related to tradi16 tional and cultural purposes: Provided that any 

17 hunting and trapping conducted by Pueblo 

18 members as a traditional and cultural use with19 in the Area, excluding that part of the Area 

20 contained within Sections 13, 14, 23, 24, and 

21 the northeast quarter of Section 25 of T12N, 

22 R4E, and Section 19 of T12N, R5E, 

23 N.M.P.M., Sandoval County, New Mexico, shall 

24 be regulated by the Pueblo in a manner con25 sistent with the regulations of the State of New 
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1 Mexico concerning types of weapons and prox2 imity of hunting and trapping to trails and resi3 dences. 

4 (4) The Pueblo shall have no authority to im5 pose taxes within the Area. 

6 (5) The State of New Mexico and local public 

7 bodies shall have no authority within the Area to tax 

8 the activities or the property of the Pueblo, its mem9 bers, or members of other federally recognized In10 dian tribes authorized to use the Area under section 

11 5(a)(4) of this Act. 

12 SEC. 9. SUBDIVISIONS AND OTHER PROPERTY INTERESTS. 

13 (a) SUBDIVISIONS.—The subdivisions are excluded 

14 from the Area. The Pueblo shall have no civil or criminal 

15 jurisdiction for any purpose, including adjudicatory, tax16 ing, zoning, regulatory or any other form of jurisdiction, 

17 over the subdivisions and property interests therein, and 

18 the laws of the Pueblo shall not apply to the subdivisions. 

19 The jurisdiction of the State of New Mexico and local pub20 lic bodies over the subdivisions and property interests 

21 therein shall continue in effect, except that upon applica22 tion of the Pueblo a tract comprised of approximately 35 

23 contiguous, non-subdivided acres in the northern section 

24 of Evergreen Hills owned in fee by the Pueblo at the time 

25 of enactment of this Act, shall be transferred to the 
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1 United States and held in trust for the Pueblo by the 

2 United States and administered by the Secretary of the 

3 Interior. Such trust land shall be subject to all limitations 

4 on use pertaining to the Area contained in this Act. 

5 (b) PIEDRA LISA.—The Piedra Lisa tract is excluded 

6 from the Area. The Pueblo shall transfer the Piedra Lisa 

7 tract to the United States to be held in trust for the Pueb8 lo by the United States and administered by the Secretary 

9 of the Interior subject to all limitations on use pertaining 

10 to the Area contained in this Act. The restriction con11 tained in section 6(a)(4) shall not apply outside of Forest 

12 Service System trails. 

13 (c) CREST FACILITIES.—The lands on which the 

14 crest facilities are located are excluded from the Area. The 

15 Pueblo shall have no civil or criminal jurisdiction for any 

16 purpose, including adjudicatory, taxing, zoning, regulatory 

17 or any other form of jurisdiction, over the lands on which 

18 the crest facilities are located and property interests there19 in, and the laws of the Pueblo shall not apply to those 

20 lands. The pre-existing jurisdictional status of those lands 

21 shall continue in effect. 

22 (d) SPECIAL USE PERMIT AREA.—The lands de23 scribed in the special use permit are excluded from the 

24 Area. The Pueblo shall have no civil or criminal jurisdic25 tion for any purpose, including adjudicatory, taxing, zon-
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1 ing, regulatory, or any other form of jurisdiction, over the 

2 land described in the special use permit, and the laws of 

3 the Pueblo shall not apply to those lands. The pre-existing 

4 jurisdictional status of these lands shall continue in effect. 

5 In the event the special use permit, during its existing 

6 term or any future terms or extensions, requires amend7 ment to include other lands in the Area necessary to re8 align the existing or any future replacement tram line, as9 sociated structures, or facilities, the lands subject to that 

10 amendment shall thereafter be excluded from the Area and 

11 shall have the same status under this Act as the lands 

12 currently described in the special use permit. Any lands 

13 dedicated to aerial tramway and related uses and associ14 ated facilities that are excluded from the special use per15 mit through expiration, termination or the amendment 

16 process shall thereafter be included in the Area but only 

17 after final agency action no longer subject to any appeals. 

18 (e) LA LUZ TRACT.—The La Luz tract now owned 

19 in fee by the Pueblo is excluded from the Area and upon 

20 application by the Pueblo shall be transferred to the 

21 United States and held in trust for the Pueblo by the 

22 United States and administered by the Secretary of the 

23 Interior subject to all limitations on use pertaining to the 

24 Area contained in this Act. The restriction contained in 
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1 section 6(a)(4) shall not apply outside of Forest Service 

2 System trails. 

3 (f) EVERGREEN HILLS ACCESS.—The Secretary, 

4 consistent with section 1323(a) of the Alaska National In5 terest Lands Conservation Act (16 U.S.C. 3210), shall en6 sure that Forest Service Road 333D, as depicted on the 

7 map, is maintained in an adequate condition consistent 

8 with the terms of section 1323(a) of the Alaska National 

9 Interest Lands Conservation Act (16 U.S.C. 3210). 

10 (g) PUEBLO FEE LANDS.—Those properties not spe11 cifically addressed in subsections (a) or (e) of this section 

12 that are owned in fee by the Pueblo within the subdivisions 

13 are excluded from the Area and shall be subject to the 

14 jurisdictional provisions of subsection (a) of this section. 

15 (h) RIGHTS-OF-WAY.—

16 (1) ROAD RIGHTS-OF-WAY.—

17 (A) In accordance with the Pueblo having 

18 given its consent in the Settlement Agreement, 

19 the Secretary of the Interior shall grant to the 

20 County of Bernalillo, New Mexico, in per21 petuity, the following irrevocable rights-of-way 

22 for roads identified on the map in order to pro23 vide for public access to the subdivisions, the 

24 special use permit land and facilities, the other 

25 leasehold and easement rights and interests of 
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1 the Sandia Peak Tram Company and its affili2 ates, the Sandia Heights South Subdivision, 

3 and the Area—

4 (i) a right-of-way for Tramway Road; 

5 (ii) a right-of-way for Juniper Hill 

6 Road North; 

7 (iii) a right-of-way for Juniper Hill 

8 Road South; 

9 (iv) a right-of-way for Sandia Heights 

10 Road; and 

11 (v) a right-of-way for Juan Tabo Can12 yon Road (Forest Road No. 333). 

13 (B) The road rights-of-way shall be subject 

14 to the following conditions: 

15 (i) Such rights-of-way may not be ex16 panded or otherwise modified without the 

17 Pueblo’s written consent, but road mainte18 nance to the rights of way shall not be 

19 subject to Pueblo consent. 

20 (ii) The rights-of-way shall not au21 thorize uses for any purpose other than 

22 roads without the Pueblo’s written consent. 

23 (iii) Except as provided in the Settle24 ment Agreement, existing rights-of-way or 

25 leasehold interests and obligations held by 
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1 the Sandia Peak Tram Company and its 

2 affiliates, shall be preserved, protected, and 

3 unaffected by this Act. 

4 (2) UTILITY RIGHTS-OF-WAY.—In accordance 

5 with the Pueblo having given its consent in the Set6 tlement Agreement, the Secretary of the Interior 

7 shall grant irrevocable utility rights-of-way in per8 petuity across Pueblo lands to appropriate utility or 

9 other service providers serving Sandia Heights Addi10 tion, Sandia Heights North Units I, II, and III, the 

11 special use permit lands, Tierra Monte, and Valley 

12 View Acres, including rights-of-way for natural gas, 

13 power, water, telecommunications, and cable tele14 vision services. Such rights-of-way shall be within ex15 isting utility corridors as depicted on the map or, for 

16 certain water lines, as described in the existing grant 

17 of easement to the Sandia Peak Utility Company; 

18 provided that use of water line easements outside 

19 the utility corridors depicted on the map shall not be 

20 used for utility purposes other than water lines and 

21 associated facilities. Except where above-ground fa22 cilities already exist, all new utility facilities shall be 

23 installed underground unless the Pueblo agrees oth24 erwise. To the extent that enlargement of existing 

25 utility corridors is required for any technologically-
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1 advanced telecommunication, television, or utility 

2 services, the Pueblo shall not unreasonably withhold 

3 agreement to a reasonable enlargement of the ease4 ments described above. 

5 (i) FOREST SERVICE RIGHTS-OF-WAY.—In accord6 ance with the Pueblo having given its consent in the Set7 tlement Agreement, the Secretary of the Interior shall 

8 grant to the Forest Service the following irrevocable 

9 rights-of-way in perpetuity for Forest Service trails cross10 ing land of the Pueblo in order to provide for public access 

11 to the Area and through Pueblo lands: 

12 (1) A right-of-way for a portion of the Crest 

13 Spur Trail (Trail No. 84), crossing a portion of the 

14 La Luz tract, as identified on the map; 

15 (2) A right-of-way for the extension of the 

16 Foothills Trail (Trail No. 365A), as identified on the 

17 map; and 

18 (3) A right-of-way for that portion of the 

19 Piedra Lisa North-South Trail (Trail No. 135) 

20 crossing the Piedra Lisa tract. 

21 SEC. 10. EXTINGUISHMENT OF CLAIMS. 

22 (a) GENERAL.—Except for the rights and interests 

23 in and to the Area specifically recognized in sections 4, 

24 5, 7, 8, and 9, all Pueblo claims to right, title and interest 

25 of any kind, including aboriginal claims, in and to lands 
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1 within the Area, any part thereof, and property interests 

2 therein, as well as related boundary, survey, trespass, and 

3 monetary damage claims, are hereby permanently extin4 guished. The United States’ title to the Area is hereby 

5 confirmed. 

6 (b) SUBDIVISIONS.—Any Pueblo claims to right, title 

7 and interest of any kind, including aboriginal claims, in 

8 and to the subdivisions and property interests therein (ex9 cept for land owned in fee by the Pueblo as of the date 

10 of enactment of this Act), as well as related boundary, 

11 survey, trespass, and monetary damage claims, are hereby 

12 permanently extinguished. 

13 (c) SPECIAL USE AND CREST FACILITIES AREAS.—

14 Any Pueblo right, title and interest of any kind, including 

15 aboriginal claims, and related boundary, survey, trespass, 

16 and monetary damage claims, are hereby permanently ex17 tinguished in and to—

18 (1) the lands described in the special use per19 mit; and 

20 (2) the lands on which the crest facilities are lo21 cated. 

22 (d) PUEBLO AGREEMENT.—As provided in the Set23 tlement Agreement, the Pueblo has agreed to the relin24 quishment and extinguishment of those claims, rights, ti-
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1 tles and interests extinguished pursuant to subsections 

2 (a), (b) and (c) of this section. 

3 (e) CONSIDERATION.—The recognition of the Pueb4 lo’s rights and interests in this Act constitutes adequate 

5 consideration for the Pueblo’s agreement to the extin6 guishment of the Pueblo’s claims to this section and the 

7 right-of-way grants contained in section 9, and it is the 

8 intent of Congress that those rights and interests may 

9 only be diminished by a future Act of Congress specifically 

10 authorizing diminishment of such rights, with express ref11 erence to this Act. 

12 SEC. 11. CONSTRUCTION. 

13 (a) STRICT CONSTRUCTION.—This Act recognizes 

14 only enumerated rights and interests, and no additional 

15 rights, interests, obligations, or duties shall be created by 

16 implication. 

17 (b) EXISTING RIGHTS.—To the extent there exists 

18 within the Area at the time of enactment of this Act any 

19 valid private property rights associated with private lands 

20 that are not otherwise addressed in this Act, such rights 

21 are not modified or otherwise affected by this Act, nor 

22 is the exercise of any such right subject to the Pueblo’s 

23 right to withhold consent to new uses in the Area as set 

24 forth in section 5(a)(3)(i). 
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1 (c) NOT PRECEDENT.—The provisions of this Act 

2 creating certain rights and interests in the National For3 est System are uniquely suited to resolve the Pueblo’s 

4 claim and the geographic and societal situation involved, 

5 and shall not be construed as precedent for any other situ6 ation involving management of the National Forest Sys7 tem. 

8 (d) FISH AND WILDLIFE.—Except as provided in sec9 tion 8(b)(2)(B), nothing in this Act shall be construed as 

10 affecting the responsibilities of the State of New Mexico 

11 with respect to fish and wildlife, including the regulation 

12 of hunting, fishing, or trapping within the Area. 

13 (e) FEDERAL LAND POLICY AND MANAGEMENT

14 ACT.—Section 316 of the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1746) is amended by 

16 adding at the end the following new sentence: ‘‘Any correc17 tions authorized by this section which affect the bound18 aries of, or jurisdiction over, lands administered by an19 other Federal agency shall be made only after consultation 

20 with, and the approval of, the head of such other agency.’’

21 SEC. 12. JUDICIAL REVIEW. 

22 (a) ENFORCEMENT.—Suit to enforce the provisions 

23 of this Act may be brought to the extent permitted under 

24 chapter 7 of title 5, United States Code. Judicial review 

25 shall be based upon the administrative record and subject 
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1 to the applicable standard of review set forth in section 

2 706 of title 5. 

3 (b) WAIVER.—Suit may be brought against the Pueb4 lo for declaratory judgment or injunctive relief under this 

5 Act, but no money damages, including costs or attorney’s 

6 fees, may be imposed on the Pueblo as a result of such 

7 judicial action. 

8 (c) VENUE.—Venue for any suit provided for in this 

9 section, as well as any suit to contest the constitutionality 

10 of this Act, shall lie only in the United States District 

11 Court for the District of New Mexico. 

12 SEC. 13. EFFECTIVE DATE. 

13 The provisions of this Act shall take effect imme14 diately upon enactment of this Act. 

15 SEC. 14. AUTHORIZATION OF APPROPRIATIONS AND RE16 LATED AUTHORITIES. 

17 (a) GENERAL.—There are hereby authorized to be 

18 appropriated such sums as may be necessary to carry out 

19 this Act, including such sums as may be necessary for the 

20 Forest Service to acquire ownership of, or other interest 

21 in, lands within the external boundaries of the Area as 

22 authorized in subsection (d). 

23 (b) CONTRIBUTIONS.—

24 (1) The Secretary is authorized to accept con25 tributions from the Pueblo, or from other persons or 
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1 governmental entities, to perform and complete a 

2 survey of the Area, or otherwise for the benefit of 

3 the Area in accordance with this Act. 

4 (2) The Secretary shall complete a survey of 

5 the Area within one year of the date of enactment 

6 of this Act. 

7 (c) LAND EXCHANGE.—Within 180 days after the 

8 date of enactment of this Act, after consultation with the 

9 Pueblo, the Secretary is directed in accordance with appli10 cable laws to prepare and offer a land exchange of Na11 tional Forest lands outside the Area and contiguous to the 

12 northern boundary of the Pueblo‘‘s Reservation within sec13 tions 10, 11, and 14 of T12N, R4E, N.M.P.M., Sandoval 

14 County, New Mexico excluding Wilderness land, for lands 

15 owned by the Pueblo in the Evergreen Hills subdivision 

16 in Sandoval County contiguous to National Forest land, 

17 and the La Luz tract in Bernalillo County. Notwith18 standing section 206(b) of the Federal Land Policy and 

19 Management Act (43 U.S.C. 1716(b)), the Secretary may 

20 either make or accept a cash equalization payment in ex21 cess of 25 percent of the total value of the lands or inter22 ests transferred out of Federal ownership. Any funds re23 ceived by the Secretary as a result of the exchange shall 

24 be deposited in the fund established under the Act of De25 cember 4, 1967, known as the Sisk Act (16 U.S.C. 484a), 
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1 and shall be available to purchase non-Federal lands with2 in or adjacent to the National Forests in the State of New 

3 Mexico. All lands exchanged or conveyed to the Pueblo are 

4 hereby declared to be held in trust for the Pueblo by the 

5 United States and added to the Pueblo’’s Reservation sub6 ject to all existing and outstanding rights and shall remain 

7 in their natural state and shall not be subject to commer8 cial development of any kind. Lands exchanged or con9 veyed to the Forest Service shall be subject to all limita10 tions on use pertaining to the Area under this Act. If the 

11 land exchange offer is not made within 180 days after the 

12 date of enactment of this Act, the Secretary shall submit 

13 to the Committee on Energy and Natural Resources of 

14 the United States Senate and the Committee on Resources 

15 of the United States House of Representatives, a report 

16 explaining the reasons for the failure to make the offer 

17 including an assessment of the need for any additional leg18 islation that may be necessary for the exchange. If addi19 tional legislation is not necessary, the Secretary, con20 sistent with this section, should proceed with the exchange 

21 pursuant to existing law. 

22 (d) LAND ACQUISITION.—

23 (1) The Secretary is authorized to acquire lands 

24 owned by the Pueblo within the Evergreen Hills 

25 Subdivision in Sandoval County on any other pri-
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1 vately held lands inside of the exterior boundaries of 

2 the Area. The boundaries of the Cibola National 

3 Forest and the Area shall be adjusted to encompass 

4 any lands acquired pursuant to this section. 

5 (2) The Secretary shall compensate the Pueblo 

6 for the fair market value of—

7 (A) the right-of-way established pursuant 

8 to section 9(i)(3); and 

9 (B) the conservation easement established 

10 by the limitations on use of the Piedra Lisa 

11 tract pursuant to section 9(b). 

12 (e) REIMBURSEMENT OF CERTAIN COSTS.—

13 (1) The Pueblo, the County of Bernalillo, New 

14 Mexico, and any person who owns or has owned 

15 property inside of the exterior boundaries of the 

16 Area as designated on the map, and who has in17 curred actual and direct costs as a result of partici18 pating in the case of Pueblo of Sandia v. Babbit, 

19 Civ. No. 94–2624 HHG (D.D.C.), or other pro20 ceedings directly related to resolving the issues liti21 gated in that case, may apply for reimbursement in 

22 accordance with this section. Costs directly related 

23 to such participation which shall qualify for reim24 bursement shall be—
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1 (A) dues or payments to a homeowner as2 sociation for the purpose of legal representa3 tion; and 

4 (B) legal fees and related expenses. 

5 (2) The reimbursement provided in this sub6 section shall be in lieu of that which might otherwise 

7 be available pursuant to the Equal Access to Justice 

8 Act (24 U.S.C. 2412). 

9 (3) The Secretary of the Treasury is authorized 

10 and directed to make reimbursement payments as 

11 provided in this section out of any money not other12 wise appropriated. 

13 (4) Applications for reimbursement shall be 

14 filed within 180 days of the date of enactment of 

15 this Act with the Department of the Treasury, Fi16 nancial Management Service, Washington, DC. 

17 (5) In no event shall any one party be com18 pensated in excess of $750,000 and the total amount 

19 reimbursed pursuant to this section shall not exceed 

20 $3,000,000.

Æ