I 

111TH CONGRESS 

2D SESSION H. R. 5388 

To expand the boundaries of the Cibola National Forest in the State of 

New Mexico. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2010 

Mr. HEINRICH (for himself and Mr. LUJA ́N) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To expand the boundaries of the Cibola National Forest 

in the State of New Mexico. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CIBOLA NATIONAL FOREST BOUNDARY EXPAN4 SION. 

5 (a) BOUNDARY EXPANSION.—The boundaries of 

6 Cibola National Forest, located in the State of New Mex7 ico, are modified to include the land depicted for such in8 clusion on— 


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1 (1) the Forest Service map titled ‘‘Crest of 

2 Montezuma Proposed Land Transfer’’, dated Octo3 ber 26, 2009; and 

4 (2) the Bureau of Land Management map titled 

5 ‘‘Manzano Wilderness Study Area’’, dated August 

6 13, 2009. 

7 (b) AVAILABILITY AND CORRECTION.—The maps re8 ferred to in subsection (a) shall be on file and available 

9 for public inspection in the appropriate offices of the For10 est Service. The Chief of the Forest Service may make 

11 minor corrections to the maps. 

12 (c) LAND ACQUISITION.—Subject to the appropria13 tion of funds to carry out this section and the consent 

14 of the owner of private land included within the bound15 aries of Cibola National Forest by subsection (a), the Sec16 retary of Agriculture may acquire the private land. 

17 (d) TRANSFER OF JURISDICTION.—The Secretary of 

18 the Interior shall transfer, without reimbursement, to the 

19 Chief of the Forest Service administrative jurisdiction over 

20 any land under the jurisdiction of the Secretary that is 

21 depicted on the maps referred to in subsection (a). 

22 (e) MANAGEMENT OF ACQUIRED LAND.— 

23 (1) IN GENERAL.—Any federally owned lands 

24 that have been or hereafter may be acquired for Na25 tional Forest System purposes within the boundaries 


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1 of the Cibola National Forest, as modified by sub2 section (a), shall be managed as lands acquired 

3 under the Act of March 1, 1911 (commonly known 

4 as the Weeks Act; 16 U.S.C. 515 et seq.), and in ac5 cordance with the other laws and regulations per6 taining to the National Forest System. 

7 (2) TREATMENT OF MANZANO WILDERNESS

8 STUDY AREA.—Upon its acquisition by the Forest 

9 Service, land depicted on the map referred to in sub10 section (a)(2) shall be— 

11 (A) designated as wilderness; 

12 (B) added to the Manzano Mountain Wil13 derness designated by section 2(f) of the En14 dangered American Wilderness Act of 1978 

15 (Public Law 95–237; 92 Stat. 42; 16 U.S.C. 

16 1132 note); and 

17 (C) administered in accordance with Wil18 derness Act (16 U.S.C. 1131 et seq.). 

19 (f) FIRST RIGHT OF REFUSAL FOR ANY DISPOSAL

20 OF LAND.— 

21 (1) CREST OF MONTEZUMA.— 

22 (A) TO LAND GRANT-MERCED.—If land de23 picted on the map referred to in subsection 

24 (a)(1) is acquired by the Forest Service, but is 

25 subsequently determined to be surplus to the 


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1 needs of the Federal Government, the Adminis2 trator of General Services shall extend a first 

3 right of refusal to purchase the surplus land to 

4 the San Antonio de Las Huertas Land Grant. 

5 (B) EXCEPTION FOR TRIBAL CLAIMS.—If 

6 the Forest Service determines, after consulta7 tion with an Indian tribe claiming an historical 

8 interest in a parcel of land otherwise subject to 

9 subparagraph (A), that the Indian tribe has 

10 such an historical interest in the parcel, the Ad11 ministrator of General Services shall extend the 

12 first right of refusal first to the Indian tribe 

13 and then to the San Antonio de Las Huertas 

14 Land Grant. 

15 (2) MANZANO WILDERNESS STUDY AREA.— 

16 (A) TO LAND GRANT-MERCED.—If land de17 picted on the map referred to in subsection 

18 (a)(2) is acquired by the Forest Service, but is 

19 subsequently determined to be surplus to the 

20 needs of the Federal Government, the Adminis21 trator of General Services shall extend a first 

22 right of refusal to purchase the surplus land to 

23 the Tome ́ Land Grant. 

24 (B) EXCEPTION FOR TRIBAL CLAIMS.—If 

25 the Forest Service determines, after consultaVerDate Mar 15 2010 06:54 May 26, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5388.IH H5388

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1 tion with an Indian tribe claiming an historical 

2 interest in a parcel of land otherwise subject to 

3 subparagraph (A), that the Indian tribe has 

4 such an historical interest in the parcel, the Ad5 ministrator of General Services shall extend the 

6 first right of refusal first to the Indian tribe 

7 and then to the Tome ́ Land Grant. 

8 (3) DURATION OF RIGHT.—A first right of re9 fusal extended under paragraph (1) or (2) must be 

10 exercised within 180 days after the date on which 

11 the land grant-merced or Indian tribe, as the case 

12 may be, received notice of the availability of the 

13 land. 

14 (4) CONSIDERATION.—To exercise the first 

15 right of refusal extended under paragraph (1) or (2) 

16 with regard to a particular parcel of land, the land 

17 grant-merced or Indian tribe holding the right under 

18 such paragraph shall provide for the payment of 

19 consideration in an amount that is equal to the fair 

20 market value of the land, as determined by the Ad21 ministrator of General Services. The consideration 

22 may in cash or in kind, with the approval of the Ad23 ministrator of General Services. 

24 (g) WITHDRAWAL FROM MINING AND CERTAIN

25 OTHER USES.—The land depicted on the map referred to 


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1 in subsection (a)(1) and acquired by the Forest Service 

2 is hereby withdrawn from— 

3 (1) all forms of entry, appropriation, or disposal 

4 under the public land laws; 

5 (2) location, entry, and patent under the public 

6 land mining laws; and 

7 (3) operation of the mineral leasing and geo8 thermal leasing laws and the mineral materials laws. 

9 (h) ACCESS TO COMMUNITY OPERATED WATERWAYS

10 USED FOR IRRIGATION.—The Secretary of Agriculture 

11 shall grant access to Las Placitas Acequia Association and 

12 San Antonio de Las Huertas Acequia Association to main13 tain those acequias located within the Cibola National 

14 Forest, as expanded by this section, that were in use prior 

15 to the addition of the land to the National Forest System. 

16 For acequias located within the Sandia Mountain Wilder17 ness, maintenance activities shall be conducted in a man18 ner consistent with laws applicable to the wilderness. 

19 (i) RELATION TO LAND AND WATER CONSERVATION

20 FUND ACT.—For purposes of section 7 of the Land and 

21 Water Conservation Fund Act of 1965 (16 U.S.C. 4601– 

22 9), the boundaries of the Cibola National Forest, as modi23 fied by subsection (a), shall be considered to be boundaries 

24 of the Cibola National Forest as of January 1, 1965. 

Æ 


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