Mexico concerning types of weapons and prox-
imity of hunting and trapping to trails and resi-
dences. 
(4) The Pueblo shall have no authority to im-
pose taxes within the Area. 
(5) The State of New Mexico and local public 
bodies shall have no authority within the Area to tax 
the activities or the property of the Pueblo, its mem-
bers, or members of other federally recognized In-
dian tribes authorized to use the Area under section 
5(a)(4) of this Act. 
SEC. 9. SUBDIVISIONS AND OTHER PROPERTY INTERESTS. 
(a) SUBDIVISIONS.—The subdivisions are excluded 
from the Area. The Pueblo shall have no civil or criminal 
jurisdiction for any purpose, including adjudicatory, tax-
ing, zoning, regulatory or any other form of jurisdiction, 
over the subdivisions and property interests therein, and 
the laws of the Pueblo shall not apply to the subdivisions. 
The jurisdiction of the State of New Mexico and local pub-
lic bodies over the subdivisions and property interests 
therein shall continue in effect, except that upon applica-
tion of the Pueblo a tract comprised of approximately 35 
contiguous, non-subdivided acres in the northern section 
of Evergreen Hills owned in fee by the Pueblo at the time 
of enactment of this Act, shall be transferred to the
United States and held in trust for the Pueblo by the 
United States and administered by the Secretary of the 
Interior. Such trust land shall be subject to all limitations 
on use pertaining to the Area contained in this Act. 
(b) PIEDRA LISA.—The Piedra Lisa tract is excluded 
from the Area. The Pueblo shall transfer the Piedra Lisa 
tract to the United States to be held in trust for the Pueb-
lo by the United States and administered by the Secretary 
of the Interior subject to all limitations on use pertaining 
to the Area contained in this Act. The restriction con-
tained in section 6(a)(4) shall not apply outside of Forest 
Service System trails. 
(c) CREST FACILITIES.—The lands on which the 
crest facilities are located are excluded from the Area. The 
Pueblo shall have no civil or criminal jurisdiction for any 
purpose, including adjudicatory, taxing, zoning, regulatory 
or any other form of jurisdiction, over the lands on which 
the crest facilities are located and property interests there-
in, and the laws of the Pueblo shall not apply to those 
lands. The pre-existing jurisdictional status of those lands 
shall continue in effect. 
(d) SPECIAL USE PERMIT AREA.—The lands de-
scribed in the special use permit are excluded from the 
Area. The Pueblo shall have no civil or criminal jurisdic-
tion for any purpose, including adjudicatory, taxing, zon-
ing, regulatory, or any other form of jurisdiction, over the 
land described in the special use permit, and the laws of 
the Pueblo shall not apply to those lands. The pre-existing 
jurisdictional status of these lands shall continue in effect. 
In the event the special use permit, during its existing 
term or any future terms or extensions, requires amend-
ment to include other lands in the Area necessary to re-
align the existing or any future replacement tram line, as-
sociated structures, or facilities, the lands subject to that 
amendment shall thereafter be excluded from the Area and 
shall have the same status under this Act as the lands 
currently described in the special use permit. Any lands 
dedicated to aerial tramway and related uses and associ-
ated facilities that are excluded from the special use per-
mit through expiration, termination or the amendment 
process shall thereafter be included in the Area but only 
after final agency action no longer subject to any appeals. 
(e) LA LUZ TRACT.—The La Luz tract now owned 
in fee by the Pueblo is excluded from the Area and upon 
application by the Pueblo shall be transferred to the 
United States and held in trust for the Pueblo by the 
United States and administered by the Secretary of the 
Interior subject to all limitations on use pertaining to the 
Area contained in this Act. The restriction contained in
section 6(a)(4) shall not apply outside of Forest Service 
System trails. 
(f) EVERGREEN HILLS ACCESS.—The Secretary, 
consistent with section 1323(a) of the Alaska National In-
terest Lands Conservation Act (16 U.S.C. 3210), shall en-
sure that Forest Service Road 333D, as depicted on the 
map, is maintained in an adequate condition consistent 
with the terms of section 1323(a) of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3210). 
(g) PUEBLO FEE LANDS.—Those properties not spe-
cifically addressed in subsections (a) or (e) of this section 
that are owned in fee by the Pueblo within the subdivisions 
are excluded from the Area and shall be subject to the 
jurisdictional provisions of subsection (a) of this section. 
(h) RIGHTS-OF-WAY.—
(1) ROAD RIGHTS-OF-WAY.—
(A) In accordance with the Pueblo having 
given its consent in the Settlement Agreement, 
the Secretary of the Interior shall grant to the 
County of Bernalillo, New Mexico, in per-
petuity, the following irrevocable rights-of-way 
for roads identified on the map in order to pro-
vide for public access to the subdivisions, the 
special use permit land and facilities, the other 
leasehold and easement rights and interests of
the Sandia Peak Tram Company and its affili-
ates, the Sandia Heights South Subdivision, 
and the Area—
(i) a right-of-way for Tramway Road; 
(ii) a right-of-way for Juniper Hill 
Road North; 
(iii) a right-of-way for Juniper Hill 
Road South; 
(iv) a right-of-way for Sandia Heights 
Road; and 
(v) a right-of-way for Juan Tabo Can-
yon Road (Forest Road No. 333). 
(B) The road rights-of-way shall be subject 
to the following conditions: 
(i) Such rights-of-way may not be ex-
panded or otherwise modified without the 
Pueblo’s written consent, but road mainte-
nance to the rights of way shall not be 
subject to Pueblo consent. 
(ii) The rights-of-way shall not au-
thorize uses for any purpose other than 
roads without the Pueblo’s written consent. 
(iii) Except as provided in the Settle-
ment Agreement, existing rights-of-way or 
leasehold interests and obligations held by
the Sandia Peak Tram Company and its 
affiliates, shall be preserved, protected, and 
unaffected by this Act. 
(2) UTILITY
RIGHTS-OF-WAY.—In accordance 
with the Pueblo having given its consent in the Set-
tlement Agreement, the Secretary of the Interior 
shall grant irrevocable utility rights-of-way in per-
petuity across Pueblo lands to appropriate utility or 
other service providers serving Sandia Heights Addi-
tion, Sandia Heights North Units I, II, and III, the 
special use permit lands, Tierra Monte, and Valley 
View Acres, including rights-of-way for natural gas, 
power, water, telecommunications, and cable tele-
vision services. Such rights-of-way shall be within ex-
isting utility corridors as depicted on the map or, for 
certain water lines, as described in the existing grant 
of easement to the Sandia Peak Utility Company; 
provided that use of water line easements outside 
the utility corridors depicted on the map shall not be 
used for utility purposes other than water lines and 
associated facilities. Except where above-ground fa-
cilities already exist, all new utility facilities shall be 
installed underground unless the Pueblo agrees oth-
erwise. To the extent that enlargement of existing 
utility corridors is required for any technologically-
advanced telecommunication, television, or utility 
services, the Pueblo shall not unreasonably withhold 
agreement to a reasonable enlargement of the ease-
ments described above. 
(i) FOREST SERVICE RIGHTS-OF-WAY.—In accord-
ance with the Pueblo having given its consent in the Set-
tlement Agreement, the Secretary of the Interior shall 
grant to the Forest Service the following irrevocable 
rights-of-way in perpetuity for Forest Service trails cross-
ing land of the Pueblo in order to provide for public access 
to the Area and through Pueblo lands: 
(1) A right-of-way for a portion of the Crest 
Spur Trail (Trail No. 84), crossing a portion of the 
La Luz tract, as identified on the map; 
(2) A right-of-way for the extension of the 
Foothills Trail (Trail No. 365A), as identified on the 
map; and 
(3) A right-of-way for that portion of the 
Piedra Lisa North-South Trail (Trail No. 135) 
crossing the Piedra Lisa tract. 
SEC. 10. EXTINGUISHMENT OF CLAIMS. 
(a) GENERAL.—Except for the rights and interests 
in and to the Area specifically recognized in sections 4, 
5, 7, 8, and 9, all Pueblo claims to right, title and interest 
of any kind, including aboriginal claims, in and to lands
within the Area, any part thereof, and property interests 
therein, as well as related boundary, survey, trespass, and 
monetary damage claims, are hereby permanently extin-
guished. The United States’ title to the Area is hereby 
confirmed. 
(b) SUBDIVISIONS.—Any Pueblo claims to right, title 
and interest of any kind, including aboriginal claims, in 
and to the subdivisions and property interests therein (ex-
cept for land owned in fee by the Pueblo as of the date 
of enactment of this Act), as well as related boundary, 
survey, trespass, and monetary damage claims, are hereby 
permanently extinguished. 
(c) SPECIAL USE AND CREST FACILITIES AREAS.—
Any Pueblo right, title and interest of any kind, including 
aboriginal claims, and related boundary, survey, trespass, 
and monetary damage claims, are hereby permanently ex-
tinguished in and to—
(1) the lands described in the special use per-
mit; and 
(2) the lands on which the crest facilities are lo-
cated. 
(d) PUEBLO AGREEMENT.—As provided in the Set-
tlement Agreement, the Pueblo has agreed to the relin-
quishment and extinguishment of those claims, rights, ti-
tles and interests extinguished pursuant to subsections 
(a), (b) and (c) of this section. 
(e) CONSIDERATION.—The recognition of the Pueb-
lo’s rights and interests in this Act constitutes adequate 
consideration for the Pueblo’s agreement to the extin-
guishment of the Pueblo’s claims to this section and the 
right-of-way grants contained in section 9, and it is the 
intent of Congress that those rights and interests may 
only be diminished by a future Act of Congress specifically 
authorizing diminishment of such rights, with express ref-
erence to this Act. 
SEC. 11. CONSTRUCTION. 
(a) STRICT CONSTRUCTION.—This Act recognizes 
only enumerated rights and interests, and no additional 
rights, interests, obligations, or duties shall be created by 
implication. 
(b) EXISTING RIGHTS.—To the extent there exists 
within the Area at the time of enactment of this Act any 
valid private property rights associated with private lands 
that are not otherwise addressed in this Act, such rights 
are not modified or otherwise affected by this Act, nor 
is the exercise of any such right subject to the Pueblo’s 
right to withhold consent to new uses in the Area as set 
forth in section 5(a)(3)(i).
(c) NOT PRECEDENT.—The provisions of this Act 
creating certain rights and interests in the National For-
est System are uniquely suited to resolve the Pueblo’s 
claim and the geographic and societal situation involved, 
and shall not be construed as precedent for any other situ-
ation involving management of the National Forest Sys-
tem. 
(d) FISH AND WILDLIFE.—Except as provided in sec-
tion 8(b)(2)(B), nothing in this Act shall be construed as 
affecting the responsibilities of the State of New Mexico 
with respect to fish and wildlife, including the regulation 
of hunting, fishing, or trapping within the Area. 
(e) FEDERAL LAND POLICY
AND MANAGEMENT 
ACT.—Section 316 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1746) is amended by 
adding at the end the following new sentence: ‘‘Any correc-
tions authorized by this section which affect the bound-
aries of, or jurisdiction over, lands administered by an-
other Federal agency shall be made only after consultation 
with, and the approval of, the head of such other agency.’’
SEC. 12. JUDICIAL REVIEW. 
(a) ENFORCEMENT.—Suit to enforce the provisions 
of this Act may be brought to the extent permitted under 
chapter 7 of title 5, United States Code. Judicial review 
shall be based upon the administrative record and subject
to the applicable standard of review set forth in section 
706 of title 5. 
(b) WAIVER.—Suit may be brought against the Pueb-
lo for declaratory judgment or injunctive relief under this 
Act, but no money damages, including costs or attorney’s 
fees, may be imposed on the Pueblo as a result of such 
judicial action. 
(c) VENUE.—Venue for any suit provided for in this 
section, as well as any suit to contest the constitutionality 
of this Act, shall lie only in the United States District 
Court for the District of New Mexico. 
SEC. 13. EFFECTIVE DATE. 
The provisions of this Act shall take effect imme-
diately upon enactment of this Act. 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS AND RE-
LATED AUTHORITIES. 
(a) GENERAL.—There are hereby authorized to be 
appropriated such sums as may be necessary to carry out 
this Act, including such sums as may be necessary for the 
Forest Service to acquire ownership of, or other interest 
in, lands within the external boundaries of the Area as 
authorized in subsection (d). 
(b) CONTRIBUTIONS.—
(1) The Secretary is authorized to accept con-
tributions from the Pueblo, or from other persons or
governmental entities, to perform and complete a 
survey of the Area, or otherwise for the benefit of 
the Area in accordance with this Act. 
(2) The Secretary shall complete a survey of 
the Area within one year of the date of enactment 
of this Act. 
(c) LAND EXCHANGE.—Within 180 days after the 
date of enactment of this Act, after consultation with the 
Pueblo, the Secretary is directed in accordance with appli-
cable laws to prepare and offer a land exchange of Na-
tional Forest lands outside the Area and contiguous to the 
northern boundary of the Pueblo‘‘s Reservation within sec-
tions 10, 11, and 14 of T12N, R4E, N.M.P.M., Sandoval 
County, New Mexico excluding Wilderness land, for lands 
owned by the Pueblo in the Evergreen Hills subdivision 
in Sandoval County contiguous to National Forest land, 
and the La Luz tract in Bernalillo County. Notwith-
standing section 206(b) of the Federal Land Policy and 
Management Act (43 U.S.C. 1716(b)), the Secretary may 
either make or accept a cash equalization payment in ex-
cess of 25 percent of the total value of the lands or inter-
ests transferred out of Federal ownership. Any funds re-
ceived by the Secretary as a result of the exchange shall 
be deposited in the fund established under the Act of De-
cember 4, 1967, known as the Sisk Act (16 U.S.C. 484a),
and shall be available to purchase non-Federal lands with-
in or adjacent to the National Forests in the State of New 
Mexico. All lands exchanged or conveyed to the Pueblo are 
hereby declared to be held in trust for the Pueblo by the 
United States and added to the Pueblo’’s Reservation sub-
ject to all existing and outstanding rights and shall remain 
in their natural state and shall not be subject to commer-
cial development of any kind. Lands exchanged or con-
veyed to the Forest Service shall be subject to all limita-
tions on use pertaining to the Area under this Act. If the 
land exchange offer is not made within 180 days after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Energy and Natural Resources of 
the United States Senate and the Committee on Resources 
of the United States House of Representatives, a report 
explaining the reasons for the failure to make the offer 
including an assessment of the need for any additional leg-
islation that may be necessary for the exchange. If addi-
tional legislation is not necessary, the Secretary, con-
sistent with this section, should proceed with the exchange 
pursuant to existing law. 
(d) LAND ACQUISITION.—
(1) The Secretary is authorized to acquire lands 
owned by the Pueblo within the Evergreen Hills 
Subdivision in Sandoval County on any other pri-
vately held lands inside of the exterior boundaries of 
the Area. The boundaries of the Cibola National 
Forest and the Area shall be adjusted to encompass 
any lands acquired pursuant to this section. 
(2) The Secretary shall compensate the Pueblo 
for the fair market value of—
(A) the right-of-way established pursuant 
to section 9(i)(3); and 
(B) the conservation easement established 
by the limitations on use of the Piedra Lisa 
tract pursuant to section 9(b). 
(e) REIMBURSEMENT OF CERTAIN COSTS.—
(1) The Pueblo, the County of Bernalillo, New 
Mexico, and any person who owns or has owned 
property inside of the exterior boundaries of the 
Area as designated on the map, and who has in-
curred actual and direct costs as a result of partici-
pating in the case of Pueblo of Sandia v. Babbit, 
Civ. No. 94–2624 HHG (D.D.C.), or other pro-
ceedings directly related to resolving the issues liti-
gated in that case, may apply for reimbursement in 
accordance with this section. Costs directly related 
to such participation which shall qualify for reim-
bursement shall be—
(A) dues or payments to a homeowner as-
sociation for the purpose of legal representa-
tion; and 
(B) legal fees and related expenses. 
(2) The reimbursement provided in this sub-
section shall be in lieu of that which might otherwise 
be available pursuant to the Equal Access to Justice 
Act (24 U.S.C. 2412). 
(3) The Secretary of the Treasury is authorized 
and directed to make reimbursement payments as 
provided in this section out of any money not other-
wise appropriated. 
(4) Applications for reimbursement shall be 
filed within 180 days of the date of enactment of 
this Act with the Department of the Treasury, Fi-
nancial Management Service, Washington, DC. 
(5) In no event shall any one party be com-
pensated in excess of $750,000 and the total amount 
reimbursed pursuant to this section shall not exceed 
$3,000,000.
Æ