IB 
Union Calendar No. 89
109TH CONGRESS 
1ST SESSION 
H. R. 362
[Report No. 109–149] 
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 HOUSE OF REPRESENTATIVES 
JANUARY 25, 2005
Mr. UDALL of New Mexico (for himself and Mrs. WILSON of New Mexico) 
introduced the following bill; which was referred to the Committee on Re-
sources 
JUNE 23, 2005
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 25, 2005] 
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.
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 ‘‘Ojito Wilderness Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Ojito Wilderness Act’’ and dated October 1, 
2004. 
(2) PUEBLO.—The term ‘‘Pueblo’’ means the 
Pueblo of Zia. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
SEC. 3. DESIGNATION OF THE OJITO WILDERNESS. 
(a) IN GENERAL.—In furtherance of the purposes of 
the Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby 
designated as wilderness, and, therefore, as a component of 
the National Wilderness Preservation System, certain land 
in the Albuquerque District-Bureau of Land Management, 
New Mexico, which comprises approximately 11,183 acres, 
as generally depicted on the map, and which shall be known 
as the ‘‘Ojito Wilderness’’. 
(b) MAP AND LEGAL DESCRIPTION.—The map and a 
legal description of the wilderness area designated by this 
Act shall—
(1) be filed by the Secretary with the Committee 
on Energy and Natural Resources of the Senate and 
the Committee on Resources of the House of Rep-
resentatives as soon as practicable after the date of 
enactment of this Act; 
(2) have the same force and effect as if included 
in this Act, except that the Secretary may correct 
clerical and typographical errors in the legal descrip-
tion and map; and 
(3) be on file and available for public inspection 
in the appropriate offices of the Bureau of Land 
Management. 
(c) MANAGEMENT OF WILDERNESS.—Subject to valid 
existing rights, the wilderness area designated by this Act 
shall be managed by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except 
that, with respect to the wilderness area designated by this 
Act, any reference in the Wilderness Act to the effective date 
of the Wilderness Act shall be deemed to be a reference to 
the date of enactment of this Act. 
(d) MANAGEMENT OF NEWLY ACQUIRED LAND.—If ac-
quired by the United States, the following land shall become 
part of the wilderness area designated by this Act and shall 
be managed in accordance with this Act and other applica-
ble law:
(1) Section 12 of township 15 north, range 01 
west, New Mexico Principal Meridian. 
(2) Any land within the boundaries of the wil-
derness area designated by this Act. 
(e) MANAGEMENT OF LANDS TO BE ADDED.—The 
lands generally depicted on the map as ‘‘Lands to be 
Added’’ shall become part of the wilderness area designated 
by this Act if the United States acquires, or alternative ade-
quate access is available to, section 12 of township 15 north, 
range 01 west, New Mexico Principal Meridian. 
(f) RELEASE.—The Congress hereby finds and directs 
that the lands generally depicted on the map as ‘‘Lands 
to be Released’’ have been adequately studied for wilderness 
designation pursuant to section 603 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1782) and 
no longer are subject to the requirement of section 603(c) 
of such Act (43 U.S.C. 1782(c)) pertaining to the manage-
ment of wilderness study areas in a manner that does not 
impair the suitability of such areas for preservation as wil-
derness. 
(g) GRAZING.—Grazing of livestock in the wilderness 
area designated by this Act, where established before the 
date of enactment of this Act, shall be administered in ac-
cordance with the provisions of section 4(d)(4) of the Wil-
derness Act (16 U.S.C. 1133(d)(4)) and the guidelines set
forth in Appendix A of the Report of the Committee on Inte-
rior and Insular Affairs to accompany H.R. 2570 of the 
One Hundred First Congress (H. Rept. 101–405). 
(h) FISH
AND WILDLIFE.—As provided in section 
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), noth-
ing in this section shall be construed as affecting the juris-
diction or responsibilities of the State with respect to fish 
and wildlife in the State. 
(i) WATER RIGHTS.—
(1) FINDINGS.—Congress finds that—
(A) the land designated as wilderness by 
this Act is arid in nature and is generally not 
suitable for use or development of new water re-
source facilities; and 
(B) because of the unique nature and hy-
drology of the desert land designated as wilder-
ness by this Act, it is possible to provide for 
proper management and protection of the wilder-
ness and other values of lands in ways different 
from those used in other legislation. 
(2) STATUTORY CONSTRUCTION.—Nothing in this 
Act—
(A) shall constitute or be construed to con-
stitute either an express or implied reservation 
by the United States of any water or water