I 
109TH CONGRESS 
1ST SESSION 
H. R. 362
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 
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 en-
titled ‘‘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 here-
by designated as wilderness, and, therefore, as a compo-
nent of the National Wilderness Preservation System, cer-
tain land in the Albuquerque District-Bureau of Land 
Management, New Mexico, which comprise 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 Com-
mittee on Energy and Natural Resources of the Sen-
ate and the Committee on Resources of the House 
of Representatives as soon as practicable after the 
date of enactment of this Act; 
(2) have the same force and effect as if in-
cluded in this Act, except that the Secretary may
correct clerical and typographical errors in the legal 
description 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 des-
ignated 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 
acquired by the United States, the following land shall be-
come part of the wilderness area designated by this Act 
and shall be managed in accordance with this Act and 
other applicable 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 des-
ignated by this Act if the United States acquires, or alter-
native adequate access is available to, section 12 of town-
ship 15 north, range 01 west. 
(f) RELEASE.—The Congress hereby finds and di-
rects 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 Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1782) and no longer are subject to the requirement of sec-
tion 603(c) of such Act (43 U.S.C. 1782(c)) pertaining 
to the management of wilderness study areas in a manner 
that does not impair the suitability of such areas for pres-
ervation as wilderness. 
(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 
accordance with the provisions of section 4(d)(4) of the 
Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 
set forth in Appendix A of the Report of the Committee 
on Interior 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)), 
nothing in this section shall be construed as affecting the
jurisdiction 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 wil-
derness and other values of lands in ways dif-
ferent 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 
rights with respect to the land designated as 
wilderness by this Act; 
(B) shall affect any water rights in the 
State existing on the date of enactment of this 
Act, including any water rights held by the 
United States;
(C) shall be construed as establishing a 
precedent with regard to any future wilderness 
designations; 
(D) shall affect the interpretation of, or 
any designation made pursuant to, any other 
Act; or 
(E) shall be construed as limiting, altering, 
modifying, or amending any of the interstate 
compacts or equitable apportionment decrees 
that apportion water among and between the 
State and other States. 
(3) STATE WATER LAW.—The Secretary shall 
follow the procedural and substantive requirements 
of the law of the State in order to obtain and hold 
any water rights not in existence on the date of en-
actment of this Act with respect to the wilderness 
area designated by this Act. 
(4) NEW PROJECTS.—
(A) WATER
RESOURCE
FACILITY.—As 
used in this subsection, the term ‘‘water re-
source facility’’—
(i) means irrigation and pumping fa-
cilities, 
reservoirs, 
water 
conservation 
works, aqueducts, canals, ditches, pipe-
lines, wells, hydropower projects, and
transmission and other ancillary facilities, 
and other water diversion, storage, and 
carriage structures; and 
(ii) does not include wildlife guzzlers. 
(B) RESTRICTION
ON
NEW
WATER
RE-
SOURCE FACILITIES.—Except as otherwise pro-
vided in this Act, on and after the date of en-
actment of this Act, neither the President nor 
any other officer, employee, or agent of the 
United States shall fund, assist, authorize, or 
issue a license or permit for the development of 
any new water resource facility within the wil-
derness area designated by this Act. 
(j) WITHDRAWAL.—Subject to valid existing rights, 
the wilderness area designated by this Act, the lands to 
be added under subsection (e), and lands identified on the 
map as the ‘‘BLM Lands Authorized to be Acquired by 
the Pueblo of Zia’’ are withdrawn from—
(1) all forms of entry, appropriation, and dis-
posal under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws.
(k) EXCHANGE.—Not later than 3 years after the 
date of enactment of this Act, the Secretary shall seek 
to complete an exchange for State land within the bound-
aries of the wilderness area designated by this Act. 
SEC. 4. LAND HELD IN TRUST. 
(a) IN GENERAL.—Subject to valid existing rights 
and the conditions under subsection (d), all right, title, 
and interest of the United States in and to the lands (in-
cluding improvements, appurtenances, and mineral rights 
to the lands) generally depicted on the map as ‘‘BLM 
Lands Authorized to be Acquired by the Pueblo of Zia’’ 
shall, on receipt of consideration under subsection (c) and 
adoption and approval of regulations under subsection (d), 
be declared by the Secretary to be held in trust by the 
United States for the Pueblo and shall be part of the 
Pueblo’s Reservation. 
(b) DESCRIPTION OF LANDS.—The boundary of the 
lands authorized by this section for acquisition by the 
Pueblo where generally depicted on the map as imme-
diately adjacent to CR906, CR923, and Cucho Arroyo 
Road shall be 100 feet from the center line of the road. 
(c) CONSIDERATION.—
(1) IN GENERAL.—In consideration for the con-
veyance authorized under subsection (a), the Pueblo 
shall pay to the Secretary the amount that is equal
to the fair market value of the land conveyed, as 
subject to the terms and conditions in subsection 
(d), as determined by an independent appraisal. 
(2) APPRAISAL.—To determine the fair market 
value, the Secretary shall conduct an appraisal paid 
for by the Pueblo that is performed in accordance 
with the Uniform Appraisal Standards for Federal 
Land Acquisitions and the Uniform Standards of 
Professional Appraisal Practice. 
(3) AVAILABILITY.—Any amounts paid under 
paragraph (1) shall be available to the Secretary, 
without further appropriation and until expended, 
for the acquisition from willing sellers of land or in-
terests in land in the State. 
(d) PUBLIC ACCESS.—
(1) IN GENERAL.—Subject to paragraph (2), 
the declaration of trust and conveyance under sub-
section (a) shall be subject to the continuing right 
of the public to access the land for recreational, sce-
nic, scientific, educational, paleontological, and con-
servation uses, subject to any regulations for land 
management and the preservation, protection, and 
enjoyment of the natural characteristics of the land 
that are adopted by the Pueblo and approved by the 
Secretary; Provided that the Secretary shall ensure
that the rights provided for in this paragraph are 
protected and that a process for resolving any com-
plaints by an aggrieved party is established. 
(2) CONDITIONS.—Except as provided in sub-
section (f)—
(A) the land conveyed under subsection (a) 
shall be maintained as open space and the nat-
ural characteristics of the land shall be pre-
served in perpetuity; and 
(B) the use of motorized vehicles (except 
on existing roads or as is necessary for the 
maintenance and repair of facilities used in con-
nection with grazing operations), mineral ex-
traction, housing, gaming, and other commer-
cial enterprises shall be prohibited within the 
boundaries of the land conveyed under sub-
section (a). 
(e) RIGHTS OF WAY.—
(1) EXISTING
RIGHTS
OF
WAY.—Nothing in 
this section shall affect—
(A) any validly issued right-of-way or the 
renewal thereof; or 
(B) the access for customary construction, 
operation, maintenance, repair, and replace-
ment activities in any right-of-way issued, 
granted, or permitted by the Secretary. 
(2) NEW RIGHTS OF WAY AND RENEWALS.—
(A) IN GENERAL.—The Pueblo shall grant 
any reasonable request for rights-of-way for 
utilities and pipelines over the land acquired 
under subsection (a) that is designated as the 
‘‘Rights-of-Way corridor #1’’ in the Rio Puerco 
Resource Management Plan that is in effect on 
the date of the grant. 
(B) ADMINISTRATION.—Any right-of-way 
issued or renewed after the date of enactment 
of this Act located on land authorized to be ac-
quired under this section shall be administered 
in accordance with the rules, regulations, and 
fee payment schedules of the Department of the 
Interior, including the Rio Puerco Resources 
Management Plan that is in effect on the date 
of issuance or renewal of the right-of-way. 
(f) JUDICIAL RELIEF.—
(1) IN GENERAL.—To enforce subsection (d), 
any person may bring a civil action in the United 
States District Court for the District of New Mexico 
seeking declaratory or injunctive relief.
(2) SOVEREIGN IMMUNITY.—The Pueblo shall 
not assert sovereign immunity as a defense or bar 
to a civil action brought under paragraph (1). 
(3) EFFECT.—Nothing in this section—
(A) authorizes a civil action against the 
Pueblo for money damages, costs, or attorneys 
fees; or 
(B) except as provided in paragraph (2), 
abrogates the sovereign immunity of the Pueb-
lo.
Æ