II 

108TH CONGRESS 

1ST SESSION S. 1649

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 

SEPTEMBER 24, 2003

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. FINDINGS. 

6 Congress finds that—

7 (1) the Ojito Wilderness Study Area, located in 

8 Sandoval County, New Mexico, contains dramatic 

9 landforms and rock structures, multicolored bad-
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1 lands, expansive plateaus and mesa tops, and a high 

2 density of cultural and archaeological sites, paleon3 tological resources, and diverse plant and animal 

4 species; 

5 (2) the Bureau of Land Management evaluated 

6 the Ojito area and found that the area has sufficient 

7 land area and natural characteristics to qualify for 

8 full wilderness status and protection; 

9 (3) in 1992, President George H.W. Bush con10 curred with the recommendation of Secretary of the 

11 Interior Manuel Lujan, Jr., that Congress designate 

12 the Ojito Wilderness based on the high quality wil13 derness values, close proximity to the Albuquerque 

14 and Santa Fe population centers, cultural and pale15 ontological special features, and the lack of resource 

16 conflicts in the area; 

17 (4) the Pueblo of Zia has worked in cooperation 

18 with other interested parties to reach an agreement 

19 under which the Pueblo would acquire public land 

20 adjacent to the Zia Reservation and the Ojito Wil21 derness Study Area that would—

22 (A) enhance the protections for the land in 

23 the Ojito area; and 

24 (B) ensure that the land will remain open 

25 to the public for recreational, scenic, scientific, 
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1 educational, paleontological, and conservation 

2 uses; and 

3 (5) the transfer of certain parcels of public land 

4 to the Pueblo of Zia and the designation of the Ojito 

5 Wilderness as a component of the National Wilder6 ness Preservation System—

7 (A) is in the best interest of people of the 

8 State of New Mexico and people from other 

9 States; 

10 (B) would preserve and maintain the Ojito 

11 as an enduring resource of wilderness; and 

12 (C) would provide for the management and 

13 promotion of the wilderness character and var14 ious resources of the Ojito area for wildlife 

15 habitat protection, scenic and historic preserva16 tion, scientific research and education, primitive 

17 recreation, solitude, and inspiration for present 

18 and future generations of the people of the 

19 United States. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

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

23 Pueblo of Zia. 

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

25 the Secretary of the Interior. 
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1 (3) STATE.—The term ‘‘State’’ means the State 

2 of New Mexico. 

3 (4) TRUST AREA MAP.—The term ‘‘Trust Area 

4 map’’ means the map entitled ‘‘Lands Transferred 

5 to Pueblo of Zia—Proposed’’, numbered ll, and 

6 dated llllll. 

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

8 means the Ojito Wilderness designated under section 

9 4. 

10 (6) WILDERNESS MAP.—The term ‘‘Wilderness 

11 map’’ means the map entitled ‘‘Ojito Wilderness 

12 Study Area: Ojito Proposal’’, numbered NM–010–

13 024, and dated April 1990. 

14 SEC. 4. DESIGNATION OF THE OJITO WILDERNESS. 

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

16 the Wilderness Act (16 U.S.C. 1131 et seq.), there is here17 by designated as wilderness, and, therefore, as components 

18 of the National Wilderness Preservation System, certain 

19 land in the Albuquerque District-Bureau of Land Manage20 ment, New Mexico, which comprise approximately 10,903 

21 acres, as generally depicted on the Wilderness map, and 

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

23 (b) MAP AND LEGAL DESCRIPTION.—The Wilderness 

24 map and a legal description of the Wilderness shall—
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1 (1) be filed by the Secretary with the Com2 mittee on Energy and Natural Resources of the Sen3 ate and the Committee on Resources of the House 

4 of Representatives as soon as practicable after the 

5 date of the enactment of this Act; 

6 (2) have the same force and effect as if in7 cluded in this Act, except that the Secretary may 

8 correct clerical and typographical errors in the legal 

9 description and Wilderness map; and 

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

11 in the appropriate offices of the Bureau of Land 

12 Management. 

13 (c) MANAGEMENT OF WILDERNESS.—Subject to 

14 valid existing rights, the Wilderness shall be managed by 

15 the Secretary, as appropriate, in accordance with the Wil16 derness Act (16 U.S.C. 1131 et seq.) and this Act, except 

17 that, with respect to the Wilderness, any reference in the 

18 Wilderness Act to the effective date of the Wilderness Act 

19 shall be deemed to be a reference to the date of enactment 

20 of this Act. 

21 (d) MANAGEMENT OF NEWLY ACQUIRED LAND.—

22 Any land within the boundaries of the Wilderness that is 

23 acquired by the Federal Government shall become part of 

24 the Wilderness within which the land is located and shall 
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1 be managed in accordance with this Act and other laws 

2 applicable to the Wilderness. 

3 (e) GRAZING.—Grazing of livestock in the Wilder4 ness, where established before the date of enactment of 

5 this Act, shall be administered in accordance with the pro6 visions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 

7 1133(d)(4)). 

8 (f) FISH AND WILDLIFE.—As provided in section 

9 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

10 nothing in this section shall be construed as affecting the 

11 jurisdiction or responsibilities of the State with respect to 

12 fish and wildlife in the State. 

13 SEC. 5. LAND HELD IN TRUST. 

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

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

16 and interest of the United States in and to the lands (in17 cluding improvements, appurtenances, and mineral rights 

18 to the lands) generally depicted on the Trust Area map 

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

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

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

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

23 Pueblo’s Reservation. 
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1 (b) MAP AND LEGAL DESCRIPTION.—The Trust 

2 Area map and a legal description of the land described 

3 in subsection (a) shall—

4 (1) be filed by the Secretary with the Com5 mittee on Energy and Natural Resources of the Sen6 ate and the Committee on Resources of the House 

7 of Representatives as soon as practicable after the 

8 date of the enactment of this Act; 

9 (2) have the same force and effect as if in10 cluded in this Act, except that the Secretary may 

11 correct clerical and typographical errors in the legal 

12 description and Trust Area map; and 

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

14 in the appropriate offices of the Bureau of Land 

15 Management. 

16 (c) CONSIDERATION.—

17 (1) IN GENERAL.—In consideration for the con18 veyance authorized under subsection (a), the Pueblo 

19 shall pay to the Secretary the amount that is equal 

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

21 subject to the terms and conditions in subsection 

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

23 (2) AVAILABILITY.—Any amounts paid under 

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

25 without further appropriation and until expended, 
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1 for the acquisition from willing sellers of land or in2 terests in land in the State. 

3 (d) PUBLIC ACCESS.—

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

5 the declaration of trust and conveyance under sub6 section (a) shall be subject to the continuing right 

7 of the public to access the land for recreational, sce8 nic, scientific, educational, paleontological, and con9 servation uses, subject to any regulations for land 

10 management and the preservation, protection, and 

11 enjoyment of the natural characteristics of the land 

12 that are adopted by the Pueblo and approved by the 

13 Secretary. 

14 (2) CONDITIONS.—

15 (A) IN GENERAL.—The land conveyed 

16 under subsection (a) shall be maintained as 

17 open space, and the natural characteristics of 

18 the land shall be preserved in perpetuity. 

19 (B) PROHIBITED USES.—The use of mo20 torized vehicles (except on existing roads or as 

21 is necessary for the maintenance and repair of 

22 facilities used in connection with grazing oper23 ations), mineral extraction, housing, gaming, 

24 and other commercial enterprises shall be pro-
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1 hibited within the boundaries of the land con2 veyed under subsection (a). 

3 (e) JUDICIAL RELIEF.—

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

5 any person may bring a civil action in the United 

6 States District Court for the District of New Mexico 

7 seeking declaratory or injunctive relief. 

8 (2) SOVEREIGN IMMUNITY.—The Pueblo shall 

9 not assert sovereign immunity as a defense or bar 

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

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

12 (A) authorizes a civil action against the 

13 Pueblo for money damages, costs, or attorneys 

14 fees; or 

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

16 abrogates the sovereign immunity of the Pueb17 lo. 

18 (f) EFFECT.—Nothing in this section shall have the 

19 effect of terminating or affecting the renewal of any val20 idly issued right-of-way or the customary operation, main21 tenance, repair, and replacement activities in such right22 of-way, issued, granted, or permitted by the Secretary on 

23 the date of enactment of this Act.

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