IB 

Union Calendar No. 440 

108TH CONGRESS 

2D SESSION H. R. 3176 

[Report No. 108–717] 

To designate the Ojito Wilderness Study Area as wilderness, to take certain 

land into trust for the Pueblo of Zia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2003 

Mr. UDALL of New Mexico (for himself and Mrs. WILSON of New Mexico) 

introduced the following bill; which was referred to the Committee on Resources 

OCTOBER 4, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 24, 2003] 

A BILL 

To designate the Ojito Wilderness Study Area as wilderness, 

to take certain land into trust for the Pueblo of Zia, 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ojito Wilderness Act’’. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) PUEBLO.—The term ‘‘Pueblo’’ means the 

6 Pueblo of Zia. 

7 (2) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (3) STATE.—The term ‘‘State’’ means the State 

10 of New Mexico. 

11 (4) MAP.—The term ‘‘map’’ means the map enti12 tled ‘‘Ojito Wilderness Act’’ and dated September 8, 

13 2004. 

14 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

15 means the Ojito Wilderness designated under section 

16 3(a). 

17 SEC. 3. DESIGNATION OF THE OJITO WILDERNESS. 

18 (a) IN GENERAL.—In furtherance of the purposes of 

19 the Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby 

20 designated as wilderness, and, therefore, as a component of 

21 the National Wilderness Preservation System, certain land 

22 in the Albuquerque District-Bureau of Land Management, 

23 New Mexico, which comprise approximately 11,183 acres, 

24 as generally depicted on the map, and which shall be known 

25 as the ‘‘Ojito Wilderness’’. 
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1 (b) MAP AND LEGAL DESCRIPTION.—The map and a 

2 legal description of the Wilderness shall— 

3 (1) be filed by the Secretary with the Committee 

4 on Energy and Natural Resources of the Senate and 

5 the Committee on Resources of the House of Rep6 resentatives as soon as practicable after the date of the 

7 enactment of this Act; 

8 (2) have the same force and effect as if included 

9 in this Act, except that the Secretary may correct 

10 clerical and typographical errors in the legal descrip11 tion and map; and 

12 (3) be on file and available for public inspection 

13 in the appropriate offices of the Bureau of Land 

14 Management. 

15 (c) MANAGEMENT OF WILDERNESS.—Subject to valid 

16 existing rights, the Wilderness shall be managed by the Sec17 retary in accordance with the Wilderness Act (16 U.S.C. 

18 1131 et seq.) and this Act, except that, with respect to the 

19 Wilderness, any reference in the Wilderness Act to the effec20 tive date of the Wilderness Act shall be deemed to be a ref21 erence to the date of the enactment of this Act. 

22 (d) MANAGEMENT OF NEWLY ACQUIRED LAND.—If ac23 quired by the United States, the following land shall become 

24 part of the Wilderness and shall be managed in accordance 

25 with this Act and other laws applicable to the Wilderness: 
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1 (1) Section 12 of township 15 north, range 01 

2 west, New Mexico Principal Meridian. 

3 (2) Any land within the boundaries of the Wil4 derness. 

5 (e) MANAGEMENT OF LANDS TO BE ADDED.—The 

6 lands generally depicted on the map as ‘‘Lands to be 

7 Added’’ shall become part of the Wilderness if the United 

8 States acquires, or alternative adequate access is available 

9 to section 12 of township 15 north, range 01 west. 

10 (f) RELEASE.—The Congress hereby finds and directs 

11 that the lands generally depicted on the map as ‘‘Lands 

12 to be Released’’ have been adequately studied for wilderness 

13 designation pursuant to section 603 of the Federal Land 

14 Policy and Management Act of 1976 (43 U.S.C. 1782) and 

15 no longer are subject to the requirement of section 603(c) 

16 of such Act (16 U.S.C. 1782(c)) pertaining to the manage17 ment of wilderness study areas in a manner that does not 

18 impair the suitability of such areas for preservation as wil19 derness. 

20 (g) GRAZING.—Grazing of livestock in the Wilderness, 

21 where established before the date of the enactment of this 

22 Act, shall be administered in accordance with the provisions 

23 of section 4(d)(4) of the Wilderness Act (16 U.S.C. 

24 1133(d)(4)) and the guidelines set forth in Appendix A of 

25 the Report of the Committee on Interior and Insular Affairs 
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1 to accompany H.R. 2570 of the One Hundred First Con2 gress (H. Rept. 101–405). 

3 (h) FISH AND WILDLIFE.—As provided in section 

4 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), noth5 ing in this section shall be construed as affecting the juris6 diction or responsibilities of the State with respect to fish 

7 and wildlife in the State. 

8 (i) WATER.—Nothing in this section shall affect any 

9 existing valid water right. 

10 (j) WITHDRAWAL.—Subject to valid existing rights, the 

11 Wilderness, the lands to be added under subsection (e), and 

12 lands authorized to be acquired by the Pueblo as generally 

13 depicted on the map are withdrawn from— 

14 (1) all forms of entry, appropriation, and dis15 posal under the public land laws; 

16 (2) location, entry, and patent under the mining 

17 laws; and 

18 (3) operation of the mineral leasing, mineral 

19 materials, and geothermal leasing laws. 

20 (k) EXCHANGE.—Not later than 3 years after the date 

21 of the enactment of this Act, the Secretary shall seek to com22 plete an exchange for State land within the boundaries of 

23 the Wilderness. 
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1 SEC. 4. LAND HELD IN TRUST. 

2 (a) IN GENERAL.—Subject to valid existing rights and 

3 the conditions under subsection (d), all right, title, and in4 terest of the United States in and to the lands (including 

5 improvements, appurtenances, and mineral rights to the 

6 lands) generally depicted on the map as ‘‘BLM Lands Au7 thorized to be Acquired by the Pueblo of Zia’’ shall, on re8 ceipt of consideration under subsection (c) and adoption 

9 and approval of regulations under subsection (d), be de10 clared by the Secretary to be held in trust by the United 

11 States for the Pueblo and shall be part of the Pueblo’s Res12 ervation. 

13 (b) DESCRIPTION OF LANDS.—The boundary of the 

14 lands authorized by this section for acquisition by the Pueb15 lo where generally depicted on the map as immediately ad16 jacent to CR906, CR923, and Cucho Arroyo Road shall be 

17 100 feet from the center line of the road. 

18 (c) CONSIDERATION.— 

19 (1) IN GENERAL.—In consideration for the con20 veyance authorized under subsection (a), the Pueblo 

21 shall pay to the Secretary the amount that is equal 

22 to the fair market value of the land conveyed, as sub23 ject to the terms and conditions in subsection (d), as 

24 determined by an independent appraisal. 

25 (2) APPRAISAL.—To determine the fair market 

26 value, the Secretary shall conduct an appraisal paid 
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1 for by the Pueblo that is performed in accordance 

2 with the Uniform Appraisal Standards for Federal 

3 Land Acquisitions and the Uniform Standards of 

4 Professional Appraisal Practice. 

5 (3) AVAILABILITY.—Any amounts paid under 

6 paragraph (1) shall be available to the Secretary, 

7 without further appropriation and until expended, for 

8 the acquisition from willing sellers of land or interests 

9 in land in the State. 

10 (d) PUBLIC ACCESS.— 

11 (1) IN GENERAL.—Subject to paragraph (2), the 

12 declaration of trust and conveyance under subsection 

13 (a) shall be subject to the continuing right of the pub14 lic to access the land for recreational, scenic, sci15 entific, educational, paleontological, and conservation 

16 uses, subject to any regulations for land management 

17 and the preservation, protection, and enjoyment of the 

18 natural characteristics of the land that are adopted 

19 by the Pueblo and approved by the Secretary; Pro20 vided that the Secretary shall ensure that the rights 

21 provided for in this paragraph are protected and that 

22 a process for resolving any complaints by an ag23 grieved party is established. 

24 (2) CONDITIONS.—Except as provided in sub25 section (f)— 
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1 (A) IN GENERAL.—The land conveyed under 

2 subsection (a) shall be maintained as open space, 

3 and the natural characteristics of the land shall 

4 be preserved in perpetuity. 

5 (B) PROHIBITED USES.—The use of motor6 ized vehicles (except on existing roads or as is 

7 necessary for the maintenance and repair of fa8 cilities used in connection with grazing oper9 ations), mineral extraction, housing, gaming, 

10 and other commercial enterprises shall be prohib11 ited within the boundaries of the land conveyed 

12 under subsection (a). 

13 (e) RIGHTS OF WAY.— 

14 (1) EXISTING RIGHTS OF WAY.—Nothing in this 

15 section shall affect— 

16 (A) any validly issued right-of-way, or the 

17 renewal thereof; or 

18 (B) the access for customary construction, 

19 operation, maintenance, repair, and replacement 

20 activities in any right-of-way issued, granted, or 

21 permitted by the Secretary. 

22 (2) NEW RIGHTS OF WAY AND RENEWALS.— 

23 (A) IN GENERAL.—The Pueblo shall grant 

24 any reasonable requests for rights-of-way for 

25 utilities and pipelines over land acquired under 
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1 subsection (a) that is designated as the Rights2 of-Way corridor #1 as established in the Rio 

3 Puerco Resource Management Plan in effect on 

4 the date of the grant. 

5 (B) ADMINISTRATION.—Any right-of-way 

6 issued or renewed after the date of the enactment 

7 of this Act over land authorized to be conveyed 

8 by this section shall be administered in accord9 ance with the rules, regulations, and fee payment 

10 schedules of the Department of the Interior, in11 cluding the Rio Puerco Resources Management 

12 Plan in effect on the date of issuance or renewal 

13 of the right-of-way. 

14 (f) JUDICIAL RELIEF.— 

15 (1) IN GENERAL.—To enforce subsection (d), any 

16 person may bring a civil action in the United States 

17 District Court for the District of New Mexico seeking 

18 declaratory or injunctive relief. 

19 (2) SOVEREIGN IMMUNITY.—The Pueblo shall not 

20 assert sovereign immunity as a defense or bar to a 

21 civil action brought under paragraph (1). 

22 (3) EFFECT.—Nothing in this section— 

23 (A) authorizes a civil action against the 

24 Pueblo for money damages, costs, or attorneys 

25 fees; or 
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1 (B) except as provided in paragraph (2), 

2 abrogates the sovereign immunity of the Pueblo. 

Union Calendar No. 440 

108TH CONGRESS 

2D SESSION H. R. 3176 

[Report No. 108–717] 

A BILL 

To designate the Ojito Wilderness Study Area as 

Pueblo of Zia, and for other purposes. wilderness, to take certain land into trust for the 

OCTOBER 4, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,