PUBLIC LAW 109–94—OCT. 26, 2005

OJITO WILDERNESS ACT

119 STAT. 2106 PUBLIC LAW 109–94—OCT. 26, 2005

Public Law 109–94

109th Congress

An Act

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

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

In this Act:

(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Ojito

Wilderness Act’’ and dated October 1, 2004.

(2) PUEBLO.—The term ‘‘Pueblo’’ means the Pueblo of Zia.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) STATE.—The term ‘‘State’’ means the State of New

Mexico.

SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.

(a) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby designated as

wilderness, and, therefore, as a component of the National Wilderness Preservation System, certain land in the Albuquerque DistrictBureau of Land Management, New Mexico, which comprises

approximately 11,183 acres, as generally depicted on the map,

and which shall be known as the ‘‘Ojito Wilderness’’.

(b) MAP AND LEGAL DESCRIPTION.—The map and a legal

description of the wilderness area designated by this Act shall—

(1) be filed by the Secretary with the Committee on Energy

and Natural Resources of the Senate and the Committee on

Resources of the House of Representatives as soon as practicable after the date of enactment of this Act;

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

Act, except that the Secretary may correct clerical and typographical errors in the legal description and map; and

(3) be on file and available for public inspection in the

appropriate offices of the Bureau of Land Management.

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

rights, the wilderness area designated by this Act shall be managed

by the Secretary in accordance with the Wilderness Act (16 U.S.C.

1131 et seq.) and this Act, except that, with respect to the wilderness area designated by this Act, any reference in the Wilderness

Act to the effective date of the Wilderness Act shall be deemed

to be a reference to the date of enactment of this Act.

16 USC 1132

note.

Ojito Wilderness

Act.

Native

Americans.

New Mexico.

Oct. 26, 2005

[S. 156]

PUBLIC LAW 109–94—OCT. 26, 2005 119 STAT. 2107

(d) MANAGEMENT OF NEWLY ACQUIRED LAND.—If acquired by

the United States, the following land shall become part of the

wilderness area designated by this Act and shall be managed in

accordance with this Act and other applicable law:

(1) Section 12 of township 15 north, range 01 west, New

Mexico Principal Meridian.

(2) Any land within the boundaries of the wilderness area

designated by this Act.

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

depicted on the map as ‘‘Lands to be Added’’ shall become part

of the wilderness area designated by this Act if the United States

acquires, or alternative adequate access is available to, section

12 of township 15 north, range 01 west, New Mexico Principal

Meridian.

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

lands generally depicted on the map as ‘‘Lands to be Released’’

have been adequately studied for wilderness designation pursuant

to section 603 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1782) and no longer are subject to the requirement of section 603(c) of such Act (43 U.S.C. 1782(c)) pertaining

to the management of wilderness study areas in a manner that

does not impair the suitability of such areas for preservation as

wilderness.

(g) GRAZING.—Grazing of livestock in the wilderness area designated by this Act, where established before the date of enactment

of this Act, shall be administered in accordance with the provisions

of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and

the guidelines set forth in Appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570

of the One Hundred First Congress (H. Rept. 101–405).

(h) FISH AND WILDLIFE.—As provided in section 4(d)(7) of the

Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall

be construed as affecting the jurisdiction or responsibilities of the

State with respect to fish and wildlife in the State.

(i) WATER RIGHTS.—

(1) FINDINGS.—Congress finds that—

(A) the land designated as wilderness by this Act is

arid in nature and is generally not suitable for use or

development of new water resource facilities; and

(B) because of the unique nature and hydrology of

the desert land designated as wilderness by this Act, it

is possible to provide for proper management and protection

of the wilderness and other values of lands in ways different from those used in other legislation.

(2) STATUTORY CONSTRUCTION.—Nothing in this Act—

(A) shall constitute or be construed to constitute either

an express or implied reservation by the United States

of any water or water rights with respect to the land

designated as wilderness by this Act;

(B) shall affect any water rights in the State existing

on the date of enactment of this Act, including any water

rights held by the United States;

(C) shall be construed as establishing a precedent with

regard to any future wilderness designations;

(D) shall affect the interpretation of, or any designation

made pursuant to, any other Act; or

119 STAT. 2108 PUBLIC LAW 109–94—OCT. 26, 2005

(E) shall be construed as limiting, altering, modifying,

or amending any of the interstate compacts or equitable

apportionment decrees that apportion water among and

between the State and other States.

(3) STATE WATER LAW.—The Secretary shall follow the

procedural and substantive requirements of the law of the

State in order to obtain and hold any water rights not in

existence on the date of enactment of this Act with respect

to the wilderness area designated by this Act.

(4) NEW PROJECTS.— (A) WATER RESOURCE FACILITY.—As used in this subsection, the term ‘‘water resource facility’’—

(i) means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals,

ditches, pipelines, wells, hydropower projects, and

transmission and other ancillary facilities, and other

water diversion, storage, and carriage structures; and

(ii) does not include wildlife guzzlers.

(B) RESTRICTION ON NEW WATER RESOURCE FACILITIES.—Except as otherwise provided in this Act, on and

after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United

States shall fund, assist, authorize, or issue a license or

permit for the development of any new water resource

facility within the wilderness area designated by this Act.

(j) WITHDRAWAL.—Subject to valid existing rights, the wilderness area designated by this Act, the lands to be added under

subsection (e), and lands identified on the map as the ‘‘BLM Lands

Authorized to be Acquired by the Pueblo of Zia’’ are withdrawn

from—

(1) all forms of entry, appropriation, and disposal under

the public land laws;

(2) location, entry, and patent under the mining laws;

and

(3) operation of the mineral leasing, mineral materials,

and geothermal leasing laws.

(k) EXCHANGE.—Not later than 3 years after the date of enactment of this Act, the Secretary shall seek to complete an exchange

for State land within the boundaries of the wilderness area designated by this Act.

SEC. 4. LAND HELD IN TRUST.

(a) IN GENERAL.—Subject to valid existing rights and the conditions under subsection (d), all right, title, and interest of the United

States in and to the lands (including improvements, appurtenances,

and mineral rights to the lands) generally depicted on the map

as ‘‘BLM Lands Authorized to be Acquired by the Pueblo of Zia’’

shall, on receipt of consideration under subsection (c) and adoption

and approval of regulations under subsection (d), be declared by

the Secretary to be held in trust by the United States for the

Pueblo and shall be part of the Pueblo’s Reservation.

(b) DESCRIPTION OF LANDS.—The boundary of the lands authorized by this section for acquisition by the Pueblo where generally

depicted on the map as immediately adjacent to CR906, CR923,

and Cucho Arroyo Road shall be 100 feet from the center line

of the road.

(c) CONSIDERATION.—

Deadline.

PUBLIC LAW 109–94—OCT. 26, 2005 119 STAT. 2109

(1) IN GENERAL.—In consideration for the conveyance

authorized under subsection (a), the Pueblo shall pay to the

Secretary the amount that is equal to the fair market value

of the land conveyed, as subject to the terms and conditions

in subsection (d), as determined by an independent appraisal.

(2) APPRAISAL.—To determine the fair market value, the

Secretary shall conduct an appraisal paid for by the Pueblo

that is performed in accordance with the Uniform Appraisal

Standards for Federal Land Acquisitions and the Uniform

Standards of Professional Appraisal Practice.

(3) AVAILABILITY.—Any amounts paid under paragraph (1)

shall be available to the Secretary, without further appropriation and until expended, for the acquisition from willing sellers

of land or interests in land in the State.

(d) PUBLIC ACCESS.— (1) IN GENERAL.—Subject to paragraph (2), the declaration

of trust and conveyance under subsection (a) shall be subject

to the continuing right of the public to access the land for

recreational, scenic, scientific, educational, paleontological, and

conservation uses, subject to any regulations for land management and the preservation, protection, and enjoyment of the

natural characteristics of the land that are adopted by the

Pueblo and approved by the Secretary: Provided, That the

Secretary shall ensure that the rights provided for in this

paragraph are protected and that a process for resolving any

complaints by an aggrieved party is established.

(2) CONDITIONS.—Except as provided in subsection (e)—

(A) the land conveyed under subsection (a) shall be

maintained as open space and the natural characteristics

of the land shall be preserved in perpetuity; and

(B) the use of motorized vehicles (except on existing

roads or as is necessary for the maintenance and repair

of facilities used in connection with grazing operations),

mineral extraction, housing, gaming, and other commercial

enterprises shall be prohibited within the boundaries of

the land conveyed under subsection (a).

(e) RIGHTS-OF-WAY.—

(1) EXISTING RIGHTS-OF-WAY.—Nothing in this section shall

affect—

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

thereof; or

(B) the access for customary construction, operation,

maintenance, repair, and replacement activities in any

right-of-way issued, granted, or permitted by the Secretary.

(2) NEW RIGHTS-OF-WAY AND RENEWALS.—

(A) IN GENERAL.—The Pueblo shall grant any reasonable request for rights-of-way for utilities and pipelines

over the land acquired under subsection (a) that is designated as the ‘‘Rights-of-Way corridor #1’’ in the Rio Puerco

Resource Management Plan that is in effect on the date

of the grant.

(B) ADMINISTRATION.—Any right-of-way issued or

renewed after the date of enactment of this Act located

on land authorized to be acquired under this section shall

be administered in accordance with the rules, regulations,

and fee payment schedules of the Department of the

Interior, including the Rio Puerco Resources Management

Procedures.

119 STAT. 2110 PUBLIC LAW 109–94—OCT. 26, 2005

LEGISLATIVE HISTORY—S. 156 (H.R. 362):

HOUSE REPORTS: No. 109–149 accompanying H.R. 362 (Comm. on Resources).

SENATE REPORTS: No. 109–13 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 151 (2005):

July 26, considered and passed Senate.

Oct. 18, considered and passed House.

Æ

Plan that is in effect on the date of issuance or renewal

of the right-of-way.

(f) JUDICIAL RELIEF.—

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

may bring a civil action in the United States District Court

for the District of New Mexico seeking declaratory or injunctive

relief.

(2) SOVEREIGN IMMUNITY.—The Pueblo shall not assert sovereign immunity as a defense or bar to a civil action brought

under paragraph (1).

(3) EFFECT.—Nothing in this section—

(A) authorizes a civil action against the Pueblo for

money damages, costs, or attorneys fees; or

(B) except as provided in paragraph (2), abrogates the

sovereign immunity of the Pueblo.

Approved October 26, 2005.