Subtitle C—Utility Corridors
SEC. 141. UTILITY CORRIDOR AND RIGHTS-OF-WAY.
(a) UTILITY CORRIDOR.—
(1) IN GENERAL.—Consistent with subtitle B
and notwithstanding sections 202 and 503 of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1711, 1763), the Secretary of the Inte-
rior (referred to in this section as the ‘‘Secretary’’)
shall establish on public land a 2,640-foot wide cor-
ridor for utilities in Lincoln County and Clark Coun-
ty, Nevada, as generally depicted on the map enti-
tled ‘‘Lincoln County Conservation, Recreation, and
Development Act’’, and dated October 1, 2004.
(2) AVAILABILITY.—Each map and legal de-
scription shall be on file and available for public in-
spection in (as appropriate)—
(A) the Office of the Director of the Bu-
reau of Land Management;
(B) the Office of the Nevada State Direc-
tor of the Bureau of Land Management;
(C) the Ely Field Office of the Bureau of
Land Management; and
(D) the Caliente Field Station of the Bu-
reau of Land Management.
(b) RIGHTS-OF-WAY.—
(1) IN
GENERAL.—Notwithstanding sections
202 and 503 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1711, 1763), and
subject to valid and existing rights, the Secretary
shall grant to the Southern Nevada Water Authority
and the Lincoln County Water District nonexclusive
rights-of-way to Federal land in Lincoln County and
Clark County, Nevada, for any roads, wells, well
fields, pipes, pipelines, pump stations, storage facili-
ties, or other facilities and systems that are nec-
essary for the construction and operation of a water
conveyance system, as depicted on the map.
(2) APPLICABLE LAW.—A right-of-way granted
under paragraph (1) shall be granted in perpetuity
and shall not require the payment of rental.
(3) COMPLIANCE WITH NEPA.—Before granting
a right-of-way under paragraph (1), the Secretary
shall comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), including the
identification and consideration of potential impacts
to fish and wildlife resources and habitat.
(c) WITHDRAWAL.—Subject to valid existing rights,
the utility corridors designated by subsection (a) are with-
drawn 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 and geo-
thermal leasing laws.
(d) STATE WATER LAW.—Nothing in this subtitle
shall—
(1) prejudice the decisions or abrogate the ju-
risdiction of the Nevada or Utah State Engineers
with respect to the appropriation, permitting, certifi-
cation, or adjudication of water rights;
(2) preempt Nevada or Utah State water law;
or
(3) limit or supersede existing water rights or
interest in water rights under Nevada or Utah State
law.
(e) WATER RESOURCES STUDY.—
(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the United States Geological Survey and the
Desert Research Institute, and a designee from the
State of Utah shall conduct a study to investigate
ground water quantity, quality, and flow characteris-
tics in the deep carbonate and alluvial aquifers of
Lincoln and White Pine Counties, Nevada and adja-
cent areas in Utah. The study shall—
(A) include new and review of existing
data;
(B) determine the volume of water stored
in aquifers in those areas;
(C) determine the discharge and recharge
characteristics of each aquifer system;
(D) determine the hydrogeologic and other
controls that govern the discharge and recharge
of each aquifer system; and
(E) develop maps at a consistent scale de-
picting aquifer systems and the recharge and
discharge areas of such systems.
(2) TIMING; 
AVAILABILITY.—The Secretary
shall complete a draft of the water resources report
required under paragraph (1) not later than 30
months after the date of the enactment of this Act.
The Secretary shall then make the draft report
available for public comment for a period of not less
than 60 days. The final report shall be submitted to
the Committee on Resources in the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources in the Senate and made available to
the public not later than 36 months after the date
of the enactment of this Act.
(3) AGREEMENT.—Prior to any transbasin di-
version from ground-water basins located within
both the State of Nevada and the State of Utah, the
State of Nevada and the State of Utah shall reach
an agreement regarding the division of water re-
sources of those interstate ground-water flow sys-
tem(s) from which water will be diverted and used
by the project. The agreement shall allow for the
maximum sustainable beneficial use of the water re-
sources and protect existing water rights.
SEC. 142. RELOCATION OF RIGHT-OF-WAY AND UTILITY
CORRIDORS LOCATED IN CLARK AND LIN-
COLN COUNTIES IN THE STATE OF NEVADA.
(a) DEFINITIONS.—In this section:
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’
means the land exchange agreement between
Aerojet-General Corporation and the United States,
dated July 14, 1988.
(2) CORRIDOR.—The term ‘‘corridor’’ means—
(A) the right-of-way corridor that is—
(i) identified in section 5(b)(1) of the
Nevada-Florida Land Exchange Authoriza-
tion Act of 1988 (102 Stat. 55); and
(ii) described in section 14(a) of the
Agreement;
(B) such portion of the utility corridor
identified in the 1988 Las Vegas Resource
Management Plan located south of the bound-
ary of the corridor described in subparagraph
(A) as is necessary to relocate the right-of-way
corridor to the area described in subsection
(c)(2); and
(C) such portion of the utility corridor
identified in the 2000 Caliente Management
Framework Plan Amendment located north of
the boundary of the corridor described in sub-
paragraph (A) as is necessary to relocate the
right-of-way corridor to the area described in
subsection (c)(2).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(b) RELINQUISHMENT AND FAIR MARKET VALUE.—
(1) IN GENERAL.—The Secretary shall, in ac-
cordance with this section, relinquish all right, title,
and interest of the United States in and to the cor-
ridor on receipt of a payment in an amount equal
to the fair market value of the corridor (plus any
costs relating to the right-of-way relocation de-
scribed in this subtitle).
(2) FAIR MARKET VALUE.—
(A) The fair market value of the corridor
shall be equal to the amount by which the value
of the discount described in the 1988 appraisal
of the corridor that was applied to the land un-
derlying the corridor has increased, as deter-
mined by the Secretary using the multiplier de-
termined under subparagraph (B).
(B) Not later than 60 days after the date
of the enactment of this Act, the Appraisal
Services Directorate of the Department of the
Interior shall determine an appropriate multi-
plier to reflect the change in the value of the
land underlying the corridor between—
(i) the date of which the corridor was
transferred in accordance with the Agree-
ment; and
(ii) the date of enactment of this Act.
(3) PROCEEDS.—Proceeds under this sub-
section shall be deposited in the account established
under section 113(c)
(c) RELOCATION.—
(1) IN GENERAL.—The Secretary shall relocate
to the area described in paragraph (2), the portion
of IDI–26446 and UTU–73363 identified as NVN–
49781 that is located in the corridor relinquished
under subsection (b)(1).
(2) DESCRIPTION OF AREA.—The area referred
to in paragraph (1) is the area located on public
land west of United States Route 93.
(3) REQUIREMENTS.—The relocation under
paragraph (1) shall be conducted in a manner
that—
(A) minimizes engineering design changes;
and
(B) maintains a gradual and smooth inter-
connection of the corridor with the area de-
scribed in paragraph (2).
(4) AUTHORIZED
USES.—The Secretary may
authorize the location of any above ground or under-
ground utility facility, transmission lines, gas pipe-
lines, natural gas pipelines, fiber optics, tele-
communications, water lines, wells (including moni-
toring wells), cable television, and any related appur-
tenances in the area described in paragraph (1).
(d) EFFECT.—The relocation of the corridor under
this section shall not require the Secretary to update the
1998 Las Vegas Valley Resource Management Plan or the
2000 Caliente Management Framework Plan Amendment.
(e) WAIVER OF CERTAIN REQUIREMENTS.—The Sec-
retary shall waive the requirements of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) that would otherwise be applicable to the holders of
the right-of-way corridor described in subsection (a)(2)(A)
with respect to an amendment to the legal description of
the right-of-way corridor.
Subtitle D—Silver State Off-
Highway Vehicle Trail
SEC. 151. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.
(a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(2) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Lincoln County Conservation, Recreation and
Development Act Map’’ and dated October 1, 2004.
(3) TRAIL.—The term ‘‘Trail’’ means the sys-
tem of trails designated in subsection (b) as the Sil-
ver State Off-Highway Vehicle Trail.
(b) DESIGNATION.—The trails that are generally de-
picted on the Map are hereby designated as the ‘‘Silver
State Off-Highway Vehicle Trail’’.
(c) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage
the Trail in a manner that—
(A) is consistent with motorized and
mechanized use of the Trail that is authorized
on the date of the enactment of this title pursu-
ant to applicable Federal and State laws and
regulations;
(B) ensures the safety of the people who
use the Trail; and
(C) does not damage sensitive habitat or
cultural resources.
(2) MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 3 years
after the date of the enactment of this title, the
Secretary, in consultation with the State, the
County, and any other interested persons, shall
complete a management plan for the Trail.
(B) COMPONENTS.—The management plan
shall—
(i) describe the appropriate uses and
management of the Trail;
(ii) authorize the use of motorized and
mechanized vehicles on the Trail; and
(iii) describe actions carried out to pe-
riodically evaluate and manage the appro-
priate levels of use and location of the
Trail to minimize environmental impacts
and prevent damage to cultural resources
from the use of the Trail.
(3) MONITORING AND EVALUATION.—
(A) ANNUAL ASSESSMENT.—The Secretary
shall annually assess the effects of the use of
off-highway vehicles on the Trail and, in con-
sultation with the Nevada Division of Wildlife,
assess the effects of the Trail on wildlife and
wildlife habitat to minimize environmental im-
pacts and prevent damage to cultural resources
from the use of the Trail.
(B) CLOSURE.—The Secretary, in con-
sultation with the State and the County, may
temporarily close or permanently reroute, sub-
ject to subparagraph (C), a portion of the Trail
if the Secretary determines that—
(i) the Trail is having an adverse im-
pact on—
(I) natural resources; or
(II) cultural resources;
(ii) the Trail threatens public safety;
(iii) closure of the Trail is necessary
to repair damage to the Trail; or
(iv) closure of the Trail is necessary
to repair resource damage.
(C) REROUTING.—Portions of the Trail
that are temporarily closed may be permanently
rerouted along existing roads and trails on pub-
lic lands currently open to motorized use if the
Secretary determines that such rerouting will
not significantly increase or decrease the length
of the Trail.
(D) NOTICE.—The Secretary shall provide
information to the public regarding any routes
on the Trail that are closed under subpara-
graph (B), including by providing appropriate
signage along the Trail.
(4) NOTICE OF OPEN ROUTES.—The Secretary
shall ensure that visitors to the Trail have access to
adequate notice regarding the routes on the Trail
that are open through use of appropriate signage
along the Trail and through the distribution of
maps, safety education materials, and other informa-
tion considered appropriate by the Secretary.
(d) NO EFFECT ON NON-FEDERAL LAND AND IN-
TERESTS IN LAND.—Nothing in this section shall be con-
strued to affect ownership, management, or other rights
related to non-Federal land or interests in land.
(e) MAP ON FILE.—The Map shall be kept on file
at the appropriate offices of the Secretary.
Subtitle E—Open Space Parks
SEC. 161. OPEN SPACE PARK CONVEYANCE TO LINCOLN
COUNTY, NEVADA.
(a) CONVEYANCE.—Notwithstanding sections 202
and 203 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1171, 1712), not later than 1 year
after lands are identified by the County, the Secretary
shall convey to the County, subject to valid existing rights,
for no consideration, all right title, and interest of the
United States in and to the parcels of land described in
subsection (b).
(b) DESCRIPTION OF LAND.—Up to 15,000 acres of
Bureau of Land Management-managed public land in Lin-
coln County identified by the county in consultation with
the Bureau of Land Management.
(c) COSTS.—Any costs relating to any conveyance
under subsection (a), including costs for surveys and other
administrative costs, shall be paid by the County, or in
accordance with section 113(c)(2) of this title.
(d) USE OF LAND.—
(1) IN GENERAL.—Any parcel of land conveyed
to the County under subsection (a) shall be used
only for—
(A) the conservation of natural resources;
or
(B) public parks.
(2) FACILITIES.—Any facility on a parcel of
land conveyed under subsection (a) shall be con-
structed and managed in a manner consistent with
the uses described in paragraph (1).
(e) REVERSION.—If a parcel of land conveyed under
subsection (a) is used in a manner that is inconsistent
with the uses specified in subsection (d), the parcel of land
shall, at the discretion of the Secretary, revert to the
United States.
SEC. 162. OPEN SPACE PARK CONVEYANCE TO THE STATE
OF NEVADA.
(a) CONVEYANCE.—Notwithstanding section 202 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712), the Secretary shall convey to the State
of Nevada, subject to valid existing rights, for no consider-
ation, all right, title, and interest of the United States in
and to the parcels of land described in subsection (b), if
there is a written agreement between the State and Lin-
coln County, Nevada, supporting such a conveyance.
(b) DESCRIPTION OF LAND.—The parcels of land re-
ferred to in subsection (a) are the parcels of land depicted
as ‘‘NV St. Park Expansion Proposal’’ on the map entitled
‘‘Lincoln County Conservation, Recreation, and Develop-
ment Act Map’’ and dated October 1, 2004.
(c) COSTS.—Any costs relating to any conveyance
under subsection (a), including costs for surveys and other
administrative costs, shall be paid by the State.
(d) USE OF LAND.—
(1) IN GENERAL.—Any parcel of land conveyed
to the State under subsection (a) shall be used only
for—
(A) the conservation of natural resources;
or
(B) public parks.
(2) FACILITIES.—Any facility on a parcel of
land conveyed under subsection (a) shall be con-
structed and managed in a manner consistent with
the uses described in paragraph (1).
(e) REVERSION.—If a parcel of land conveyed under
subsection (a) is used in a manner that is inconsistent
with the uses specified in subsection (d), the parcel of land
shall, at the discretion of the Secretary, revert to the
United States.
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
‘‘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:
(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-
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.
(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).
(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-
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) 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 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
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
(B) except as provided in paragraph (2),
abrogates the sovereign immunity of the Pueb-
lo.
Passed the House of Representatives October 4,
2004.
Attest:
Clerk.