I 
107TH CONGRESS 
2D SESSION 
H. R. 5741
To establish the T’uf Shur Bien Preservation Trust Area in the Cibola 
National Forest, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2002
Mrs. WILSON of New Mexico introduced the following bill; which was referred 
to the Committee on Resources 
A BILL 
To establish the T’uf Shur Bien Preservation Trust Area 
in the Cibola National Forest, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘T’uf Shur Bien Preser-
vation Trust Area Act’’. 
SEC. 2. FINDING AND STATEMENT OF PURPOSE. 
(a) FINDING.—The Congress finds that in 1748, the 
Pueblo of Sandia received a grant from a representative 
of the King of Spain, which grant was recognized and con-
firmed by Congress in 1858 (11 Stat. 374). In 1994, the
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Pueblo filed a lawsuit against the Secretary of the Interior 
and the Secretary of Agriculture in the U.S. District 
Court 
for 
the 
District 
of 
Columbia, 
Civil 
No. 
1:94CV02624, asserting that federal surveys of the grant 
boundaries erroneously excluded certain lands within the 
Cibola National Forest, including a portion of the Sandia 
Mountain Wilderness. 
(b) PURPOSES.—The purposes of this Act are to—
(1) establish the T’uf Shur Bien Preservation 
Trust Area in the Cibola National Forest; 
(2) confirm the status of National Forest and 
Wilderness lands in the Area while resolving issues 
associated with the Pueblo’s lawsuit and the opin-
ions of the Solicitor of the Department of the Inte-
rior dated December 9, 1988 (M–36963; 96 I.D. 
331) and January 19, 2001 (M–37002); and 
(3) provide the Pueblo, parties involved in the 
litigation, and the public with a fair and just settle-
ment of the Pueblo’s claim. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(a) AREA.—The term ‘‘Area’’ means the T’uf Shur 
Bien Preservation Trust Area as depicted on the map, and 
excludes the subdivisions, Pueblo-owned lands, the crest
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(f) LOCAL PUBLIC BODIES.—The term ‘‘local public 
bodies’’ means political subdivisions of the State of New 
Mexico as defined in New Mexico Code § 6–5–1. 
(g) MAP.—The term ‘‘map’’ means the Forest Serv-
ice map entitled ‘‘T’uf Shur Bien Preservation Trust 
Area,’’ dated April 2000. 
(h) MODIFIED USES
OR ACTIVITIES.—The term 
‘‘modified uses or activities’’ means existing uses which 
are being modified or re-configured, but which are not 
being significantly expanded, including a trail or trailhead 
being modified, such as to accommodate handicapped ac-
cess, a parking area being reconfigured though not ex-
panded, or a special use authorization for a group recre-
ation activity being authorized for a different use area or 
time period. 
(i) NEW USES OR ACTIVITIES.—The term ‘‘new uses 
or activities’’ means uses or activities not occurring in the 
Area on the date of enactment of this Act, as well as exist-
ing uses or activities that are being modified such that 
they significantly expand or alter their previous scope, di-
mensions, or impacts on the land, water, air and/or wildlife 
resources of the Area. New uses and activities do not apply 
to new uses or activities that are categorically excluded 
from documentation requirements pursuant to the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321
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et seq.), or to activities undertaken to comply with the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
(j) PIEDRA LISA TRACT.—The term ‘‘Piedra Lisa 
tract’’ means that tract comprised of approximately 160 
acres of land held in private ownership and depicted on 
the map. 
(k) PUEBLO.—The term ‘‘Pueblo’’ means the Pueblo 
of Sandia in its governmental capacity. 
(l) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Agriculture, except where otherwise expressly 
indicated. 
(m) 
SETTLEMENT
AGREEMENT.—The 
term 
‘‘Settlement Agreement’’ means the Agreement of Com-
promise and Settlement dated April 4, 2000, between the 
United States, the Pueblo, and the Sandia Peak Tram 
Company. 
(n) SPECIAL USE PERMIT.—The term ‘‘special use 
permit’’ means the December 1, 1993, Special Use Permit 
issued by the Forest Service to Sandia Peak Tram Com-
pany and Sandia Peak Ski Company, encompassing ap-
proximately 46 acres of the corridor presently dedicated 
to aerial tramway use, and approximately 945 acres of the 
ski area, as well as the lands described generally in Exhibit 
A to the December 31, 1993, Special Use Permit, includ-
ing the maintenance road to the lower tram tower, water
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storage and distribution facilities, seven helispots, and the 
other lands described therein. 
(o) SUBDIVISIONS.—The term ‘‘subdivisions’’ means 
the subdivisions of Sandia Heights Addition, Sandia 
Heights North Units I, II, and 3, Tierra Monte, Valley 
View Acres, and Evergreen Hills, as well as any additional 
plats and privately owned properties depicted on the map. 
(p) TRADITIONAL AND CULTURAL USES.—The terms 
‘‘traditional and cultural uses’’ and ‘‘traditional and cul-
tural purposes’’ mean ceremonial activities, including the 
placing of ceremonial materials in the Area, and the use, 
hunting, trapping or gathering of plants, animals, wood, 
water, and other natural resources, but only for non-com-
mercial purposes. 
SEC. 4. T’UF SHUR BIEN PRESERVATION TRUST AREA. 
(a) ESTABLISHMENT.—The T’uf Shur Bien Preser-
vation Trust Area is established within the Cibola Na-
tional Forest and the Sandia Mountain Wilderness as de-
picted on the map—
(1) to recognize and protect in perpetuity the 
Pueblo’s rights and interests in and to the Area, as 
specified in section 5(a) of this Act; 
(2) to preserve in perpetuity the Wilderness and 
National Forest character of the Area; and
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(3) to recognize and protect in perpetuity the 
public’s longstanding use and enjoyment of the Area.
(b) ADMINISTRATION AND APPLICABLE LAW.—The 
Secretary, acting through the Forest Service, shall con-
tinue to administer the Area as part of the National For-
est System and incorporate the provisions of this Act af-
fecting management of the Area, including section 5(a)(3) 
and section 7. 
(c) EXCEPTIONS.—
(1) Traditional and cultural uses by Pueblo 
members and members of other federally recognized 
Indian tribes authorized to use the Area by the 
Pueblo under section 5(a)(4) of this Act shall not be 
restricted except by the Wilderness Act and its regu-
lations as they exist on the date of enactment of this 
Act and by applicable federal wildlife protection laws 
as provided in section 6(a)(2) of this Act. 
(2) To the extent that laws enacted or amended 
after the date of this Act are inconsistent with this 
Act, they shall not apply to the Area unless ex-
pressly made applicable by Congress. 
(3) The use of the word ‘‘Trust’’ in the name 
of the Area is in recognition of the Pueblo’s specific 
rights and interests in the Area, and does not confer 
upon the Pueblo the ownership interest that exists
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when the Secretary of the Interior accepts the title 
to land in trust for the benefit of an Indian tribe. 
(d) AREA DEFINED.—
(1) The Area shall be comprised of approxi-
mately 9,890 acres of land within the Cibola Na-
tional Forest as depicted on the map. 
(2) As soon as practicable after enactment of 
this Act, the Secretary shall file the map and a legal 
description of the Area with the Committee on Re-
sources of the House of Representatives and with 
the Committee on Energy and Natural Resources of 
the Senate. The map and legal description shall be 
on file and available for public inspection in the Of-
fice of the Chief of the Forest Service, Department 
of Agriculture, Washington, District of Columbia. 
(3) Such map and legal description shall have 
the same force and effect as if included in this Act, 
except that—
(A) clerical and typographical errors shall 
be corrected: 
(B) changes that may be necessary pursu-
ant to section 9(b), 9(d), 9(e), 14(c) and 14(d) 
shall be made; and