II 

109TH CONGRESS 

1ST SESSION S. 156 

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 

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’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘Ojito Wilderness Act’’ and dated October 1, 

9 2004. 
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1 (2) PUEBLO.—The term ‘‘Pueblo’’ means the 

2 Pueblo of Zia. 

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

4 the Secretary of the Interior. 

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

6 of New Mexico. 

7 SEC. 3. DESIGNATION OF THE OJITO WILDERNESS. 

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

9 the Wilderness Act (16 U.S.C. 1131 et seq.), there is here10 by designated as wilderness, and, therefore, as a compo11 nent of the National Wilderness Preservation System, cer12 tain land in the Albuquerque District-Bureau of Land 

13 Management, New Mexico, which comprise approximately 

14 11,183 acres, as generally depicted on the map, and which 

15 shall be known as the ‘‘Ojito Wilderness’’. 

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

17 a legal description of the wilderness area designated by 

18 this Act shall— 

19 (1) be filed by the Secretary with the Com20 mittee on Energy and Natural Resources of the Sen21 ate and the Committee on Resources of the House 

22 of Representatives as soon as practicable after the 

23 date of enactment of this Act; 

24 (2) have the same force and effect as if in25 cluded in this Act, except that the Secretary may 
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1 correct clerical and typographical errors in the legal 

2 description and map; and 

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

4 in the appropriate offices of the Bureau of Land 

5 Management. 

6 (c) MANAGEMENT OF WILDERNESS.—Subject to 

7 valid existing rights, the wilderness area designated by 

8 this Act shall be managed by the Secretary in accordance 

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

10 Act, except that, with respect to the wilderness area des11 ignated by this Act, any reference in the Wilderness Act 

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

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

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

15 acquired by the United States, the following land shall be16 come part of the wilderness area designated by this Act 

17 and shall be managed in accordance with this Act and 

18 other applicable law: 

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

20 west, New Mexico Principal Meridian. 

21 (2) Any land within the boundaries of the wil22 derness area designated by this Act. 

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

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

25 Added’’ shall become part of the wilderness area des-
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1 ignated by this Act if the United States acquires, or alter2 native adequate access is available to, section 12 of town3 ship 15 north, range 01 west. 

4 (f) RELEASE.—The Congress hereby finds and di5 rects that the lands generally depicted on the map as 

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

7 wilderness designation pursuant to section 603 of the Fed8 eral Land Policy and Management Act of 1976 (43 U.S.C. 

9 1782) and no longer are subject to the requirement of sec10 tion 603(c) of such Act (43 U.S.C. 1782(c)) pertaining 

11 to the management of wilderness study areas in a manner 

12 that does not impair the suitability of such areas for pres13 ervation as wilderness. 

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

15 area designated by this Act, where established before the 

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

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

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

19 set forth in Appendix A of the Report of the Committee 

20 on Interior and Insular Affairs to accompany H.R. 2570 

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

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

23 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

24 nothing in this section shall be construed as affecting the 
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1 jurisdiction or responsibilities of the State with respect to 

2 fish and wildlife in the State. 

3 (i) WATER RIGHTS.— 

4 (1) FINDINGS.—Congress finds that— 

5 (A) the land designated as wilderness by 

6 this Act is arid in nature and is generally not 

7 suitable for use or development of new water re8 source facilities; and 

9 (B) because of the unique nature and hy10 drology of the desert land designated as wilder11 ness by this Act, it is possible to provide for 

12 proper management and protection of the wil13 derness and other values of lands in ways dif14 ferent from those used in other legislation. 

15 (2) STATUTORY CONSTRUCTION.—Nothing in 

16 this Act— 

17 (A) shall constitute or be construed to con18 stitute either an express or implied reservation 

19 by the United States of any water or water 

20 rights with respect to the land designated as 

21 wilderness by this Act; 

22 (B) shall affect any water rights in the 

23 State existing on the date of enactment of this 

24 Act, including any water rights held by the 

25 United States; 
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1 (C) shall be construed as establishing a 

2 precedent with regard to any future wilderness 

3 designations; 

4 (D) shall affect the interpretation of, or 

5 any designation made pursuant to, any other 

6 Act; or 

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

8 modifying, or amending any of the interstate 

9 compacts or equitable apportionment decrees 

10 that apportion water among and between the 

11 State and other States. 

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

13 follow the procedural and substantive requirements 

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

15 any water rights not in existence on the date of en16 actment of this Act with respect to the wilderness 

17 area designated by this Act. 

18 (4) NEW PROJECTS.— 

19 (A) WATER RESOURCE FACILITY.—As 

20 used in this subsection, the term ‘‘water re21 source facility’’— 

22 (i) means irrigation and pumping fa23 cilities, reservoirs, water conservation 

24 works, aqueducts, canals, ditches, pipe25 lines, wells, hydropower projects, and 
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1 transmission and other ancillary facilities, 

2 and other water diversion, storage, and 

3 carriage structures; and 

4 (ii) does not include wildlife guzzlers. 

5 (B) RESTRICTION ON NEW WATER RE6 SOURCE FACILITIES.—Except as otherwise pro7 vided in this Act, on and after the date of en8 actment of this Act, neither the President nor 

9 any other officer, employee, or agent of the 

10 United States shall fund, assist, authorize, or 

11 issue a license or permit for the development of 

12 any new water resource facility within the wil13 derness area designated by this Act. 

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

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

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

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

18 the Pueblo of Zia’’ are withdrawn from— 

19 (1) all forms of entry, appropriation, and dis20 posal under the public land laws; 

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

22 laws; and 

23 (3) operation of the mineral leasing, mineral 

24 materials, and geothermal leasing laws. 
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1 (k) EXCHANGE.—Not later than 3 years after the 

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

3 to complete an exchange for State land within the bound4 aries of the wilderness area designated by this Act. 

5 SEC. 4. LAND HELD IN TRUST. 

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

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

8 and interest of the United States in and to the lands (in9 cluding improvements, appurtenances, and mineral rights 

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

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

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

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

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

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

16 Pueblo’s Reservation. 

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

18 lands authorized by this section for acquisition by the 

19 Pueblo where generally depicted on the map as imme20 diately adjacent to CR906, CR923, and Cucho Arroyo 

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

22 (c) CONSIDERATION.— 

23 (1) IN GENERAL.—In consideration for the con24 veyance authorized under subsection (a), the Pueblo 

25 shall pay to the Secretary the amount that is equal 
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1 to the fair market value of the land conveyed, as 

2 subject to the terms and conditions in subsection 

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

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

5 value, the Secretary shall conduct an appraisal paid 

6 for by the Pueblo that is performed in accordance 

7 with the Uniform Appraisal Standards for Federal 

8 Land Acquisitions and the Uniform Standards of 

9 Professional Appraisal Practice. 

10 (3) AVAILABILITY.—Any amounts paid under 

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

12 without further appropriation and until expended, 

13 for the acquisition from willing sellers of land or in14 terests in land in the State. 

15 (d) PUBLIC ACCESS.— 

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

17 the declaration of trust and conveyance under sub18 section (a) shall be subject to the continuing right 

19 of the public to access the land for recreational, sce20 nic, scientific, educational, paleontological, and con21 servation uses, subject to any regulations for land 

22 management and the preservation, protection, and 

23 enjoyment of the natural characteristics of the land 

24 that are adopted by the Pueblo and approved by the 

25 Secretary: Provided, That the Secretary shall ensure 
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1 that the rights provided for in this paragraph are 

2 protected and that a process for resolving any com3 plaints by an aggrieved party is established. 

4 (2) CONDITIONS.—Except as provided in sub5 section (f)— 

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

7 shall be maintained as open space and the nat8 ural characteristics of the land shall be pre9 served in perpetuity; and 

10 (B) the use of motorized vehicles (except 

11 on existing roads or as is necessary for the 

12 maintenance and repair of facilities used in con13 nection with grazing operations), mineral ex14 traction, housing, gaming, and other commer15 cial enterprises shall be prohibited within the 

16 boundaries of the land conveyed under sub17 section (a). 

18 (e) RIGHTS OF WAY.— 

19 (1) EXISTING RIGHTS OF WAY.—Nothing in 

20 this section shall affect— 

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

22 renewal thereof; or 

23 (B) the access for customary construction, 

24 operation, maintenance, repair, and replace-
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1 ment activities in any right-of-way issued, 

2 granted, or permitted by the Secretary. 

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

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

5 any reasonable request for rights-of-way for 

6 utilities and pipelines over the land acquired 

7 under subsection (a) that is designated as the 

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

9 Resource Management Plan that is in effect on 

10 the date of the grant. 

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

12 issued or renewed after the date of enactment 

13 of this Act located on land authorized to be ac14 quired under this section shall be administered 

15 in accordance with the rules, regulations, and 

16 fee payment schedules of the Department of the 

17 Interior, including the Rio Puerco Resources 

18 Management Plan that is in effect on the date 

19 of issuance or renewal of the right-of-way. 

20 (f) JUDICIAL RELIEF.— 

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

22 any person may bring a civil action in the United 

23 States District Court for the District of New Mexico 

24 seeking declaratory or injunctive relief. 
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1 (2) SOVEREIGN IMMUNITY.—The Pueblo shall 

2 not assert sovereign immunity as a defense or bar 

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

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

5 (A) authorizes a civil action against the 

6 Pueblo for money damages, costs, or attorneys 

7 fees; or 

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

9 abrogates the sovereign immunity of the Pueb10 lo.

Æ