II 

Calendar No. 24 

109TH CONGRESS 

1ST SESSION S. 156 

[Report No. 109–13] 

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 SENATE OF THE UNITED STATES 

JANUARY 25, 2005 

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

FEBRUARY 28, 2005 

Reported by Mr. DOMENICI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ojito Wilderness Act’’. 
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•S 156 RS 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) MAP.—The term ‘‘map’’ means the map en4 titled ‘‘Ojito Wilderness Act’’ and dated October 1, 

5 2004. 

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

7 Pueblo of Zia. 

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

9 the Secretary of the Interior. 

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

11 of New Mexico. 

12 SEC. 3. DESIGNATION OF THE OJITO WILDERNESS. 

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

14 the Wilderness Act (16 U.S.C. 1131 et seq.), there is here15 by designated as wilderness, and, therefore, as a compo16 nent of the National Wilderness Preservation System, cer17 tain land in the Albuquerque District-Bureau of Land 

18 Management, New Mexico, which comprise comprises ap19 proximately 11,183 acres, as generally depicted on the 

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

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

22 a legal description of the wilderness area designated by 

23 this Act shall— 

24 (1) be filed by the Secretary with the Com25 mittee on Energy and Natural Resources of the Sen26 ate and the Committee on Resources of the House 
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•S 156 RS 

1 of Representatives as soon as practicable after the 

2 date of enactment of this Act; 

3 (2) have the same force and effect as if in4 cluded in this Act, except that the Secretary may 

5 correct clerical and typographical errors in the legal 

6 description and map; and 

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

8 in the appropriate offices of the Bureau of Land 

9 Management. 

10 (c) MANAGEMENT OF WILDERNESS.—Subject to 

11 valid existing rights, the wilderness area designated by 

12 this Act shall be managed by the Secretary in accordance 

13 with the Wilderness Act (16 U.S.C. 1131 et seq.) and this 

14 Act, except that, with respect to the wilderness area des15 ignated by this Act, any reference in the Wilderness Act 

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

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

18 (d) MANAGEMENT OF NEWLY ACQUIRED LAND.—If 

19 acquired by the United States, the following land shall be20 come part of the wilderness area designated by this Act 

21 and shall be managed in accordance with this Act and 

22 other applicable law: 

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

24 west, New Mexico Principal Meridian. 
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•S 156 RS 

1 (2) Any land within the boundaries of the wil2 derness area designated by this Act. 

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

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

5 Added’’ shall become part of the wilderness area des6 ignated by this Act if the United States acquires, or alter7 native adequate access is available to, section 12 of town8 ship 15 north, range 01 west, New Mexico Principal Me9 ridian. 

10 (f) RELEASE.—The Congress hereby finds and di11 rects that the lands generally depicted on the map as 

12 ‘‘Lands to be Released’’ have been adequately studied for 

13 wilderness designation pursuant to section 603 of the Fed14 eral Land Policy and Management Act of 1976 (43 U.S.C. 

15 1782) and no longer are subject to the requirement of sec16 tion 603(c) of such Act (43 U.S.C. 1782(c)) pertaining 

17 to the management of wilderness study areas in a manner 

18 that does not impair the suitability of such areas for pres19 ervation as wilderness. 

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

21 area designated by this Act, where established before the 

22 date of enactment of this Act, shall be administered in 

23 accordance with the provisions of section 4(d)(4) of the 

24 Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 

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

2 of the One Hundred First Congress (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)), 

5 nothing in this section shall be construed as affecting the 

6 jurisdiction or responsibilities of the State with respect to 

7 fish and wildlife in the State. 

8 (i) WATER RIGHTS.— 

9 (1) FINDINGS.—Congress finds that— 

10 (A) the land designated as wilderness by 

11 this Act is arid in nature and is generally not 

12 suitable for use or development of new water re13 source facilities; and 

14 (B) because of the unique nature and hy15 drology of the desert land designated as wilder16 ness by this Act, it is possible to provide for 

17 proper management and protection of the wil18 derness and other values of lands in ways dif19 ferent from those used in other legislation. 

20 (2) STATUTORY CONSTRUCTION.—Nothing in 

21 this Act— 

22 (A) shall constitute or be construed to con23 stitute either an express or implied reservation 

24 by the United States of any water or water 
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•S 156 RS 

1 rights with respect to the land designated as 

2 wilderness by this Act; 

3 (B) shall affect any water rights in the 

4 State existing on the date of enactment of this 

5 Act, including any water rights held by the 

6 United States; 

7 (C) shall be construed as establishing a 

8 precedent with regard to any future wilderness 

9 designations; 

10 (D) shall affect the interpretation of, or 

11 any designation made pursuant to, any other 

12 Act; or 

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

14 modifying, or amending any of the interstate 

15 compacts or equitable apportionment decrees 

16 that apportion water among and between the 

17 State and other States. 

18 (3) STATE WATER LAW.—The Secretary shall 

19 follow the procedural and substantive requirements 

20 of the law of the State in order to obtain and hold 

21 any water rights not in existence on the date of en22 actment of this Act with respect to the wilderness 

23 area designated by this Act. 

24 (4) NEW PROJECTS.— 
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1 (A) WATER RESOURCE FACILITY.—As 

2 used in this subsection, the term ‘‘water re3 source facility’’— 

4 (i) means irrigation and pumping fa5 cilities, reservoirs, water conservation 

6 works, aqueducts, canals, ditches, pipe7 lines, wells, hydropower projects, and 

8 transmission and other ancillary facilities, 

9 and other water diversion, storage, and 

10 carriage structures; and 

11 (ii) does not include wildlife guzzlers. 

12 (B) RESTRICTION ON NEW WATER RE13 SOURCE FACILITIES.—Except as otherwise pro14 vided in this Act, on and after the date of en15 actment of this Act, neither the President nor 

16 any other officer, employee, or agent of the 

17 United States shall fund, assist, authorize, or 

18 issue a license or permit for the development of 

19 any new water resource facility within the wil20 derness area designated by this Act. 

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

22 the wilderness area designated by this Act, the lands to 

23 be added under subsection (e), and lands identified on the 

24 map as the ‘‘BLM Lands Authorized to be Acquired by 

25 the Pueblo of Zia’’ are withdrawn from— 
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1 (1) all forms of entry, appropriation, and dis2 posal under the public land laws; 

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

4 laws; and 

5 (3) operation of the mineral leasing, mineral 

6 materials, and geothermal leasing laws. 

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

8 date of enactment of this Act, the Secretary shall seek 

9 to complete an exchange for State land within the bound10 aries of the wilderness area designated by this Act. 

11 SEC. 4. LAND HELD IN TRUST. 

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

13 and the conditions under subsection (d), all right, title, 

14 and interest of the United States in and to the lands (in15 cluding improvements, appurtenances, and mineral rights 

16 to the lands) generally depicted on the map as ‘‘BLM 

17 Lands Authorized to be Acquired by the Pueblo of Zia’’ 

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

19 adoption and approval of regulations under subsection (d), 

20 be declared by the Secretary to be held in trust by the 

21 United States for the Pueblo and shall be part of the 

22 Pueblo’s Reservation. 

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

24 lands authorized by this section for acquisition by the 

25 Pueblo where generally depicted on the map as imme-
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1 diately adjacent to CR906, CR923, and Cucho Arroyo 

2 Road shall be 100 feet from the center line of the road. 

3 (c) CONSIDERATION.— 

4 (1) IN GENERAL.—In consideration for the con5 veyance authorized under subsection (a), the Pueblo 

6 shall pay to the Secretary the amount that is equal 

7 to the fair market value of the land conveyed, as 

8 subject to the terms and conditions in subsection 

9 (d), as determined by an independent appraisal. 

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

11 value, the Secretary shall conduct an appraisal paid 

12 for by the Pueblo that is performed in accordance 

13 with the Uniform Appraisal Standards for Federal 

14 Land Acquisitions and the Uniform Standards of 

15 Professional Appraisal Practice. 

16 (3) AVAILABILITY.—Any amounts paid under 

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

18 without further appropriation and until expended, 

19 for the acquisition from willing sellers of land or in20 terests in land in the State. 

21 (d) PUBLIC ACCESS.— 

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

23 the declaration of trust and conveyance under sub24 section (a) shall be subject to the continuing right 

25 of the public to access the land for recreational, sce-
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1 nic, scientific, educational, paleontological, and con2 servation uses, subject to any regulations for land 

3 management and the preservation, protection, and 

4 enjoyment of the natural characteristics of the land 

5 that are adopted by the Pueblo and approved by the 

6 Secretary: Provided, That the Secretary shall ensure 

7 that the rights provided for in this paragraph are 

8 protected and that a process for resolving any com9 plaints by an aggrieved party is established. 

10 (2) CONDITIONS.—Except as provided in sub11 section (f) subsection (e)— 

12 (A) the land conveyed under subsection (a) 

13 shall be maintained as open space and the nat14 ural characteristics of the land shall be pre15 served in perpetuity; and 

16 (B) the use of motorized vehicles (except 

17 on existing roads or as is necessary for the 

18 maintenance and repair of facilities used in con19 nection with grazing operations), mineral ex20 traction, housing, gaming, and other commer21 cial enterprises shall be prohibited within the 

22 boundaries of the land conveyed under sub23 section (a). 

24 (e) RIGHTS OF WAY.— 
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1 (1) EXISTING RIGHTS OF WAY.—Nothing in 

2 this section shall affect— 

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

4 renewal thereof; or 

5 (B) the access for customary construction, 

6 operation, maintenance, repair, and replace7 ment activities in any right-of-way issued, 

8 granted, or permitted by the Secretary. 

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

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

11 any reasonable request for rights-of-way for 

12 utilities and pipelines over the land acquired 

13 under subsection (a) that is designated as the 

14 ‘‘Rights-of-Way corridor #1’’ in the Rio Puerco 

15 Resource Management Plan that is in effect on 

16 the date of the grant. 

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

18 issued or renewed after the date of enactment 

19 of this Act located on land authorized to be ac20 quired under this section shall be administered 

21 in accordance with the rules, regulations, and 

22 fee payment schedules of the Department of the 

23 Interior, including the Rio Puerco Resources 

24 Management Plan that is in effect on the date 

25 of issuance or renewal of the right-of-way. 
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1 (f) JUDICIAL RELIEF.— 

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

3 any person may bring a civil action in the United 

4 States District Court for the District of New Mexico 

5 seeking declaratory or injunctive relief. 

6 (2) SOVEREIGN IMMUNITY.—The Pueblo shall 

7 not assert sovereign immunity as a defense or bar 

8 to a civil action brought under paragraph (1). 

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

10 (A) authorizes a civil action against the 

11 Pueblo for money damages, costs, or attorneys 

12 fees; or 

13 (B) except as provided in paragraph (2), 

14 abrogates the sovereign immunity of the Pueb15 lo. 

Calendar No. 24 

109TH CONGRESS 

1ST SESSION S. 156 

[Report No. 109–13] 

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 

FEBRUARY 28, 2005 

Reported with amendments