IB 
Union Calendar No. 440 
108TH CONGRESS 
2D SESSION 
H. R. 3176 
[Report No. 108–717] 
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 
SEPTEMBER 24, 2003 
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 
OCTOBER 4, 2004 
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 September 24, 2003] 
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) PUEBLO.—The term ‘‘Pueblo’’ means the 
Pueblo of Zia. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
(4) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Ojito Wilderness Act’’ and dated September 8, 
2004. 
(5) 
WILDERNESS.—The 
term 
‘‘Wilderness’’ 
means the Ojito Wilderness designated under section 
3(a). 
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 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 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 the 
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 shall be managed by the Sec-
retary in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.) and this Act, except that, with respect to the 
Wilderness, any reference in the Wilderness Act to the effec-
tive date of the Wilderness Act shall be deemed to be a ref-
erence to the date of the 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 and shall be managed in accordance 
with this Act and other laws applicable to the Wilderness:
(1) Section 12 of township 15 north, range 01 
west, New Mexico Principal Meridian. 
(2) Any land within the boundaries of the Wil-
derness. 
(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 if the United 
States acquires, or alternative adequate access is available 
to section 12 of township 15 north, range 01 west. 
(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 (16 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, 
where established before the date of the 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 Con-
gress (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.—Nothing in this section shall affect any 
existing valid water right. 
(j) WITHDRAWAL.—Subject to valid existing rights, the 
Wilderness, the lands to be added under subsection (e), and 
lands authorized to be acquired by the Pueblo as generally 
depicted on the map 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 the enactment of this Act, the Secretary shall seek to com-
plete an exchange for State land within the boundaries of 
the Wilderness.
SEC. 4. LAND HELD IN TRUST. 
(a) IN GENERAL.—Subject to valid existing rights and 
the conditions under subsection (d), all right, title, and in-
terest of the United States in and to the lands (including 
improvements, appurtenances, and mineral rights to the 
lands) generally depicted on the map as ‘‘BLM Lands Au-
thorized to be Acquired by the Pueblo of Zia’’ shall, on re-
ceipt of consideration under subsection (c) and adoption 
and approval of regulations under subsection (d), be de-
clared by the Secretary to be held in trust by the United 
States for the Pueblo and shall be part of the Pueblo’s Res-
ervation. 
(b) DESCRIPTION OF LANDS.—The boundary of the 
lands authorized by this section for acquisition by the Pueb-
lo where generally depicted on the map as immediately ad-
jacent 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 sub-
ject 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 interests 
in land in the State. 
(d) PUBLIC ACCESS.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
declaration of trust and conveyance under subsection 
(a) shall be subject to the continuing right of the pub-
lic to access the land for recreational, scenic, sci-
entific, educational, paleontological, and conservation 
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; Pro-
vided that the Secretary shall ensure that the rights 
provided for in this paragraph are protected and that 
a process for resolving any complaints by an ag-
grieved party is established. 
(2) CONDITIONS.—Except as provided in sub-
section (f)—
(A) IN GENERAL.—The land conveyed under 
subsection (a) shall be maintained as open space, 
and the natural characteristics of the land shall 
be preserved in perpetuity. 
(B) PROHIBITED USES.—The use of motor-
ized vehicles (except on existing roads or as is 
necessary for the maintenance and repair of fa-
cilities used in connection with grazing oper-
ations), mineral extraction, housing, gaming, 
and other commercial enterprises shall be prohib-
ited within the boundaries of the land conveyed 
under subsection (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 replacement 
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 requests for rights-of-way for 
utilities and pipelines over land acquired under
subsection (a) that is designated as the Rights- 
of-Way corridor #1 as established in the Rio 
Puerco Resource Management Plan in effect on 
the date of the grant. 
(B) ADMINISTRATION.—Any right-of-way 
issued or renewed after the date of the enactment 
of this Act over land authorized to be conveyed 
by this section shall be administered in accord-
ance with the rules, regulations, and fee payment 
schedules of the Department of the Interior, in-
cluding the Rio Puerco Resources Management 
Plan 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 Pueblo.
Union Calendar No. 440 
108TH CONGRESS 
2D SESSION 
H. R. 3176 
[Report No. 108–717] 
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. 
OCTOBER 4, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed