I 
108TH CONGRESS 
1ST SESSION 
H. R. 222
To establish the T’uf Shur Bien Preservation Trust Area in the Cibola 
National Forest, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003
Mrs. WILSON of New Mexico (for herself, Mr. PEARCE, and Mr. UDALL 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
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 Sys-
tem lands and wilderness lands in the Area while re-
solving issues associated with the Pueblo’s lawsuit 
and the opinions of the Solicitor of the Department 
of the Interior 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: 
(1) AREA.—The term ‘‘Area’’ means the T’uf 
Shur Bien Preservation Trust Area as depicted on 
the map, except that the term excludes the subdivi-
sions, Pueblo-owned lands, the crest facilities, and 
the special use permit lands. 
(2) CREST FACILITIES.—The term ‘‘crest facili-
ties’’ means all facilities and developments located 
on the crest of Sandia Mountain, including the 
Sandia Crest Electronic Site; electronic site access 
roads; the Crest House; the upper terminal, res-
taurant, and related facilities of Sandia Peak Tram 
Company; the Crest Observation Area; parking lots; 
restrooms; the Crest Trail (Trail No. 130); hang 
glider launch sites; and the Kiwanis cabin; as well 
as the lands upon which such facilities are located 
and the lands extending 100 feet along terrain to 
the west of each such facility, unless a different dis-
tance is agreed to in writing between the Forest 
Service and the Pueblo and documented in the sur-
vey of the Area. 
(3) EXISTING
USES
AND
ACTIVITIES.—The 
term ‘‘existing uses and activities’’ means uses and 
activities occurring in the Area on the date of enact-
ment of this Act, or which have been authorized in 
the Area after November 1, 1995, but before the 
date of enactment of this Act. 
(4) LA LUZ TRACT.—The term ‘‘La Luz Tract’’ 
means that tract comprised of approximately 31
acres of land owned in fee by the Pueblo and de-
picted on the map. 
(5) LOCAL PUBLIC BODIES.—The term ‘‘local 
public bodies’’ means political subdivisions of the 
State of New Mexico as defined in New Mexico Code 
sec. 6–5–1. 
(6) MAP.—The term ‘‘map’’ means the Forest 
Service map entitled ‘‘T’uf Shur Bien Preservation 
Trust Area’’, dated April 2000. 
(7) 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 accom-
modate handicapped access, a parking area being 
reconfigured though not expanded, or a special use 
authorization for a group recreation activity being 
authorized for a different use area or time period. 
(8) NEW USES OR ACTIVITIES.—The term ‘‘new 
uses or activities’’ means uses or activities not occur-
ring in the Area on the date of enactment of this 
Act, as well as existing uses or activities that are 
being modified such that they significantly expand 
or alter their previous scope, dimensions, 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 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), or to activities undertaken to 
comply with the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(9) PIEDRA
LISA
TRACT.—The term ‘‘Piedra 
Lisa tract’’ means that tract comprised of approxi-
mately 160 acres of land held in private ownership 
and depicted on the map. 
(10) PUEBLO.—The term ‘‘Pueblo’’ means the 
Pueblo of Sandia in its governmental capacity. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Agriculture, except where 
otherwise expressly indicated. 
(12) SETTLEMENT
AGREEMENT.—The term 
‘‘Settlement Agreement’’ means the Agreement of 
Compromise and Settlement dated April 4, 2000, be-
tween the United States, the Pueblo, and the Sandia 
Peak Tram Company. 
(13) 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 Company and Sandia Peak Ski Com-
pany, encompassing approximately 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, including 
the maintenance road to the lower tram tower, water 
storage and distribution facilities, seven helispots, 
and the other lands described therein. 
(14) 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. 
(15) TRADITIONAL AND CULTURAL USES.—The 
terms ‘‘traditional and cultural uses’’ and ‘‘tradi-
tional and cultural purposes’’ mean ceremonial ac-
tivities, including the placing of ceremonial materials 
in the Area, and the use, hunting, trapping or gath-
ering of plants, animals, wood, water, and other nat-
ural resources, but only for non-commercial pur-
poses. 
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 
(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 
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. 
(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 
(C) to the extent the map and the lan-
guage of this Act conflict, the language of the 
Act controls. 
(e) NO CONVEYANCE OF TITLE.—The United States’ 
right, and interest in or to the Area or any part thereof 
shall not be conveyed to or exchanged with any person, 
trust, or governmental entity, including the Pueblo, with-
out specific authorization of Congress. 
(f) PROHIBITED USES.—Notwithstanding any other 
provision of law, no use prohibited by the Wilderness Act 
as of the date of enactment of this Act may occur in the 
Wilderness portion of the Area; nor may any of the fol-
lowing uses occur in any portion of the Area; gaming or 
gambling of any kind, mineral production, timber produc-
tion, and new uses or activities to which the Pueblo objects 
pursuant to section 5(a)(3) of this Act. The Area is closed 
to the location of mining claims under the Mining Law 
of 1872 (30 U.S.C. 22). 
(g) NO MODIFICATION OF BOUNDARIES.—Creation 
of the T’uf Shur Bien Preservation Trust Area shall not
affect the boundaries of, nor repeal or disestablish the 
Sandia Mountain Wilderness or the Cibola National For-
est. Establishment of the Area does not in any way modify 
the existing boundary of the Pueblo grant. 
SEC. 5. PUEBLO OF SANDIA RIGHTS AND INTERESTS IN 
THE AREA. 
(a) GENERAL.—The Pueblo shall have the following 
rights and interests in the Area: 
(1) Free and unrestricted access to the Area for 
traditional and cultural uses to the extent not incon-
sistent with the Wilderness Act and its regulations 
as they exist on the date of enactment of this Act 
and with applicable federal wildlife protection laws 
as provided in section 6(a)(2); 
(2) Perpetual preservation of the Wilderness 
and National Forest character of the Area under 
this Act; 
(3) Rights in the management of the Area as 
set forth in section 7, which include—
(A) the right to consent or withhold con-
sent to new uses; 
(B) the right to consultation regarding 
modified uses; 
(C) the right to consultation regarding the 
management and preservation of the Area; and
(D) the right to dispute resolution proce-
dures; 
(4) Exclusive authority, in accordance with its 
customs and laws, to administer access to the Area 
for traditional and cultural uses by members of the 
Pueblo and of other federally recognized Indian 
tribes; and 
(5) Such other rights and interests as are enu-
merated and recognized in sections 4, 5(c), 7, 8, and 
9. 
(b) LIMITATION.—Except as provided in subsection 
(a)(4), access to and use of the Area for all other purposes 
shall continue to be administered by the Secretary through 
the Forest Service. 
(c) COMPENSABLE INTEREST.—
(1) If, by an Act of Congress enacted subse-
quent to the effective date of this Act, Congress di-
minishes the Wilderness and National Forest des-
ignation of the Area by authorizing a use prohibited 
by section 4(f) in all or any portion of the Area, or 
denies the Pueblo access for any traditional and cul-
tural uses in all or any portion of the Area, the 
United States shall compensate the Pueblo as if the 
Pueblo had held a fee title interest in the affected 
portion of the Area and as though the United States
had acquired such interest by legislative exercise of 
its power of eminent domain, and the restrictions of 
sections 4(f) and 6(a) shall be disregarded in deter-
mining just compensation owed to the Pueblo. 
(2) Any compensation made to the Pueblo pur-
suant to subsection (c)(1) does not in any way affect 
the extinguishment of claims set forth in section 10. 
SEC. 6. LIMITATIONS ON PUEBLO OF SANDIA RIGHTS AND 
INTERESTS IN THE AREA. 
(a) LIMITATIONS.—The Pueblo’s rights and interests 
recognized in this Act do not include—
(1) any right to sell, grant, lease, convey, en-
cumber or exchange lands in the Area, or any right 
or interest therein, and any such conveyance shall 
not have validity in law or equity; 
(2) any exemption from applicable federal wild-
life protection laws; 
(3) any right to engage in any activity or use 
prohibited in section 4(f); or 
(4) any right to exclude persons or govern-
mental entities from the Area. 
(b) EXCEPTION.—No person who exercises tradi-
tional and cultural use rights as authorized in section 
5(a)(4) of this Act may be prosecuted for a federal wildlife
offense requiring proof of a violation of a state law or reg-
ulation. 
SEC. 7. MANAGEMENT OF THE AREA. 
(a) PROCESS.—
(1) GENERAL.—The Forest Service shall con-
sult with the Pueblo of Sandia not less than twice 
a year, unless otherwise mutually agreed, concerning 
protection, preservation, and management of the 
Area, including proposed new and modified uses and 
activities in the Area and authorizations that are an-
ticipated during the next six months and approved 
in the preceding six months. 
(2) NEW USES AND ACTIVITIES.—
(A) If after consultation the Pueblo of 
Sandia denies its consent for a new use or ac-
tivity within 30 days of the consultation, the 
Forest Service will not be authorized to proceed 
with the activity or use. If the Pueblo consents 
to the new use or activity in writing or fails to 
respond within 30 days, the Forest Service may 
proceed with the notice and comment process 
and the environmental analysis. 
(B) Before the Forest Service signs a 
Record of Decision (ROD) or Decision Notice 
(DN) for a proposed use or activity, the Forest
Service will again request Pueblo consent within 
30 days of the Pueblo’s receipt of the proposed 
ROD or DN. If the Pueblo refuses to consent, 
the activity or use will not be authorized. If the 
Pueblo fails to respond to the consent request 
within 30 days after the proposed ROD or DN 
is provided to the Pueblo, the Pueblo will be 
deemed to have consented to the proposed ROD 
or DN and the Forest Service may proceed to 
issue the final ROD or DN. 
(3) PUBLIC INVOLVEMENT.—For proposed new 
and modified uses and activities, the public shall be 
provided notice of—
(A) the purpose and need for the proposed 
action or activity, 
(B) the Pueblo’s role in the decision-mak-
ing process, and 
(C) the Pueblo’s position on the proposal. 
(4) CHALLENGE.— Any person may file an ac-
tion in the United States District Court for the Dis-
trict of New Mexico to challenge Forest Service de-
terminations of what constitutes a new or a modified 
use or activity. 
(b) EMERGENCIES AND EMERGENCY CLOSURE OR-
DERS.—The Forest Service shall retain its existing au-
thorities to manage emergency situations, to provide for 
public safety, and to issue emergency closure orders in the 
Area subject to applicable law. The Forest Service shall 
notify the Pueblo of Sandia regarding emergencies, public 
safety issues, and emergency closure orders as soon as 
possible. Such actions are not 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) DISPUTES INVOLVING FOREST SERVICE MAN-
AGEMENT AND PUEBLO TRADITIONAL USES.—
(1) GENERAL.—In the event that Forest Serv-
ice management of the Area and Pueblo traditional 
and cultural uses conflict, and the conflict does not 
pertain to new or modified uses subject to the proc-
ess set forth in subsection (a), the process for dis-
pute resolution set forth in this subsection shall take 
effect. 
(2) DISPUTE RESOLUTION PROCESS.—
(A) When there is a dispute between the 
Pueblo and the Forest Service regarding Pueblo 
traditional and cultural use and Forest Service 
management of the Area, the party identifying 
the dispute shall notify the other party in writ-
ing addressed to the Governor of the Pueblo or 
the Regional Forester respectively, setting forth
the nature of the dispute. The Regional For-
ester or designee and the Governor of the Pueb-
lo or designee shall attempt to resolve the dis-
pute for no less than 30 days after notice has 
been provided before filing an action in United 
States District Court for the District of New 
Mexico. 
(B) DISPUTES
REQUIRING
IMMEDIATE 
RESOLUTION.—In the event of a conflict that 
requires immediate resolution to avoid immi-
nent, substantial and irreparable harm, the 
party alleging such conflict shall notify the 
other party and seek to resolve the dispute 
within 3 days of the date of notification. If the 
parties are unable to resolve the dispute within 
3 days, either party may file an action for im-
mediate relief in the United States District 
Court for the District of New Mexico, and the 
procedural exhaustion requirements set forth 
above shall not apply. 
SEC. 8. JURISDICTION OVER THE AREA. 
(a) CRIMINAL JURISDICTION.—Notwithstanding any 
other provision of law, jurisdiction over crimes committed 
in the Area shall be allocated as follows:
(1) To the extent that the allocations of crimi-
nal jurisdiction over the Area under paragraphs (2), 
(3), and (4) of this subsection are overlapping, they 
should be construed to allow for the exercise of con-
current criminal jurisdiction. 
(2) The Pueblo shall have jurisdiction over 
crimes committed by its members or by members of 
another federally recognized Indian tribe who are 
present in the Area with the Pueblo’s permission 
pursuant to section 5(a)(4). 
(3) The United States shall have jurisdiction 
over—
(A) the offenses listed in section 1153 of 
title 18, U.S. Code, including any offenses 
added to the list in that statute by future 
amendments thereto, when such offenses are 
committed by members of the Pueblo and other 
federally recognized Indian tribes; 
(B) crimes committed by any person in 
violation of laws and regulations pertaining to 
the protection and management of National 
Forests; 
(C) enforcement of federal criminal laws of 
general applicability; and
(D) any other offense committed by a 
member of the Pueblo against a non-member of 
the Pueblo. Any offense which is not defined 
and punished by federal law in force within the 
exclusive jurisdiction of the United States shall 
be defined and punished in accordance with the 
laws of the State of New Mexico. 
(4) The State of New Mexico shall have juris-
diction over any crime under its laws committed by 
a person not a member of the Pueblo. 
(b) CIVIL JURISDICTION.—
(1) Except as provided in paragraphs (2), (3), 
(4), and (5), the United States, the State of New 
Mexico, and local public bodies shall have same civil 
adjudicatory, regulatory, and taxing jurisdiction over 
the Area as they exercised prior to the enactment of 
this Act. 
(2) The Pueblo shall have exclusive civil adju-
dicatory jurisdiction over—
(A) disputes involving only members of the 
Pueblo; 
(B) civil actions brought by the Pueblo 
against members of the Pueblo; and 
(C) civil actions brought by the Pueblo 
against members of other federally recognized
Indian tribes for violations of understandings 
between the Pueblo and that member’s tribe re-
garding use or access to the Area for traditional 
and cultural purposes. 
(3) The Pueblo shall have no regulatory juris-
diction over the Area with the exception of—
(A) exclusive authority to regulate tradi-
tional and cultural uses by the Pueblo’s own 
members and to administer access to the Area 
by other federally recognized Indian tribes for 
traditional and cultural uses, to the extent such 
regulations is consistent with this Act; and 
(B) The Pueblo shall have exclusive au-
thority to regulate hunting and trapping in the 
Area by its members that is related to tradi-
tional and cultural purposes: Provided that any 
hunting and trapping conducted by Pueblo 
members as a traditional and cultural use with-
in the Area, excluding that part of the Area 
contained within Sections 13, 14, 23, 24, and 
the northeast quarter of Section 25 of T12N, 
R4E, 
and 
Section 
of 
T12N, 
R5E, 
N.M.P.M., Sandoval County, New Mexico, shall 
be regulated by the Pueblo in a manner con-
sistent with the regulations of the State of New