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Subtitle F—Jurisdiction Transfer 
SEC. 171. TRANSFER OF ADMINISTRATIVE JURISDICTION 
BETWEEN THE FISH AND WILDLIFE SERVICE 
AND THE BUREAU OF LAND MANAGEMENT. 
(a) IN GENERAL.—Administrative jurisdiction over 
the land described in subsection (b) is transferred from 
the United States Bureau of Land Management to the 
United States Fish and Wildlife Service for inclusion in 
the Desert National Wildlife Range and the administrative 
jurisdiction over the land described in subsection (c) is 
transferred from the United States Fish and Wildlife 
Service to the United States Bureau of Land Manage-
ment. 
(b) DESCRIPTION OF LAND.—The parcel of land re-
ferred to in subsection (a) is the approximately 8,503 
acres of land administered by the United States Bureau 
of Land Management as generally depicted on the map 
entitled ‘‘Lincoln County Conservation, Recreation, and 
Development Act Map’’ and identified as ‘‘Lands to be 
transferred to the Fish and Wildlife Service’’ and dated 
October 1, 2004. 
(c) DESCRIPTION OF LAND.—The parcel of land re-
ferred to in subsection (a) is the approximately 8,382 
acres of land administered by the United States Fish and 
Wildlife Service as generally depicted on the map entitled
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‘‘Lincoln County Conservation, Recreation, and Develop-
ment Act Map’’ and identified as ‘‘Lands to be transferred 
to the Bureau of Land Management’’ and dated October 
1, 2004. 
(d) AVAILABILITY.—Each map and legal description 
shall be on file and available for public inspection in (as 
appropriate)— 
(1) the Office of the Director of the Bureau of 
Land Management; 
(2) the Office of the Nevada State Director of 
the Bureau of Land Management; 
(3) the Ely Field Station of the Bureau of 
Land Management; 
(4) the Caliente Field Office of the Bureau of 
Land Management; 
(5) the Office of the Director of the United 
States Fish and Wildlife Service; and 
(6) the Office of the Desert National Wildlife 
Complex. 
TITLE II—OJITO WILDERNESS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Ojito Wilderness Act’’. 
SEC. 202. DEFINITIONS. 
In this title:
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(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 en-
titled ‘‘Ojito Wilderness Act’’ and dated October 1, 
2004. 
(5) WILDERNESS.—The term ‘‘Wilderness’’ 
means the Ojito Wilderness designated under section 
3(a). 
SEC. 203. 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 shall— 
(1) be filed by the Secretary with the Com-
mittee on Energy and Natural Resources of the Sen-
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ate and the Committee on Resources of the House 
of Representatives as soon as practicable after the 
date of the enactment of this Act; 
(2) have the same force and effect as if in-
cluded in this title, 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 shall be managed by 
the Secretary in accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.) and this title, except that, with re-
spect to the Wilderness, 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 the 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 and shall be managed in ac-
cordance with this title and other laws applicable to the 
Wilderness: 
(1) Section 12 of township 15 north, range 01 
west, New Mexico Principal Meridian.
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(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 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 (16 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 Wilder-
ness, 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 Appen-
dix A of the Report of the Committee on Interior and In-
sular Affairs to accompany H.R. 2570 of the One Hun-
dred First Congress (H. Rept. 101–405).
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(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.—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 complete an exchange for State land within the bound-
aries of the Wilderness. 
SEC. 204. 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-
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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
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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) IN
GENERAL.—The land conveyed 
under subsection (a) shall be maintained as
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open space, and the natural characteristics of 
the land shall be preserved in perpetuity. 
(B) PROHIBITED USES.—The use of mo-
torized vehicles (except on existing roads or as 
is necessary for the maintenance and repair of 
facilities used in connection with grazing oper-
ations), mineral extraction, housing, gaming, 
and other commercial enterprises shall be pro-
hibited within the boundaries of the land con-
veyed 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 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 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
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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 enact-
ment of this Act over land authorized to be con-
veyed by this section shall be administered in 
accordance with the rules, regulations, and fee 
payment schedules of the Department of the In-
terior, including 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
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(B) except as provided in paragraph (2), 
abrogates the sovereign immunity of the Pueb-
lo. 
Passed the House of Representatives October 4, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.