39–010 

Calendar No. 299 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–136 

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 withVerDate Mar 15 2010 19:14 Jan 29, 2014 Jkt 039010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR136.XXX SR136

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out 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 rightof-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 


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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 


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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 øconveyance¿, 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 


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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. 

Æ 


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