I 
108TH CONGRESS 
1ST SESSION H. R. 3176
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 
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. FINDINGS. 
Congress finds that—
(1) the Ojito Wilderness Study Area, located in 
Sandoval County, New Mexico, contains dramatic 
landforms and rock structures, multicolored bad-
lands, expansive plateaus and mesa tops, and a high 
density of cultural and archaeological sites, paleon-
tological resources, and diverse plant and animal 
species; 
(2) the Bureau of Land Management evaluated 
the Ojito area and found that the area has sufficient 
land area and natural characteristics to qualify for 
full wilderness status and protection; 
(3) in 1992, President George H.W. Bush con-
curred with the recommendation of Secretary of the 
Interior Manuel Lujan, Jr., that Congress designate 
the Ojito Wilderness based on the high quality wil-
derness values, close proximity to the Albuquerque 
and Santa Fe population centers, cultural and pale-
ontological special features, and the lack of resource 
conflicts in the area; 
(4) the Pueblo of Zia has worked in cooperation 
with other interested parties to reach an agreement 
under which the Pueblo would acquire public land 
adjacent to the Zia Reservation and the Ojito Wil-
derness Study Area that would—
(A) enhance the protections for the land in 
the Ojito area; and 
(B) ensure that the land will remain open 
to the public for recreational, scenic, scientific,
educational, paleontological, and conservation 
uses; and 
(5) the transfer of certain parcels of public land 
to the Pueblo of Zia and the designation of the Ojito 
Wilderness as a component of the National Wilder-
ness Preservation System—
(A) is in the best interest of people of the 
State of New Mexico and people from other 
States; 
(B) would preserve and maintain the Ojito 
as an enduring resource of wilderness; and 
(C) would provide for the management and 
promotion of the wilderness character and var-
ious resources of the Ojito area for wildlife 
habitat protection, scenic and historic preserva-
tion, scientific research and education, primitive 
recreation, solitude, and inspiration for present 
and future generations of the people of the 
United States. 
SEC. 3. 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) TRUST AREA MAP.—The term ‘‘Trust Area 
map’’ means the map entitled ‘‘Lands Transferred 
to Pueblo of Zia—Proposed’’, numbered ll, and 
dated llllll. 
(5) WILDERNESS.—The term ‘‘Wilderness’’ 
means the Ojito Wilderness designated under section 
4. 
(6) WILDERNESS MAP.—The term ‘‘Wilderness 
map’’ means the map entitled ‘‘Ojito Wilderness 
Study Area: Ojito Proposal’’, numbered NM–010–
024, and dated April 1990. 
SEC. 4. 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 components 
of the National Wilderness Preservation System, certain 
land in the Albuquerque District-Bureau of Land Manage-
ment, New Mexico, which comprise approximately 10,903 
acres, as generally depicted on the Wilderness map, and 
which shall be known as the ‘‘Ojito Wilderness’’. 
(b) MAP AND LEGAL DESCRIPTION.—The Wilderness 
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 Act, except that the Secretary may 
correct clerical and typographical errors in the legal 
description and Wilderness 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, as appropriate, in accordance with the Wil-
derness 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 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.—
Any land within the boundaries of the Wilderness that is 
acquired by the Federal Government shall become part of 
the Wilderness within which the land is located and shall
be managed in accordance with this Act and other laws 
applicable to the Wilderness. 
(e) GRAZING.—Grazing of livestock in the Wilder-
ness, where established before the date of enactment of 
this Act, shall be administered in accordance with the pro-
visions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 
1133(d)(4)). 
(f) 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. 
SEC. 5. 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 Trust Area map 
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) MAP
AND LEGAL DESCRIPTION.—The Trust 
Area map and a legal description of the land described 
in subsection (a) 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 Act, except that the Secretary may 
correct clerical and typographical errors in the legal 
description and Trust Area map; and 
(3) be on file and available for public inspection 
in the appropriate offices of the Bureau of Land 
Management. 
(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) 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. 
(2) CONDITIONS.—
(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) 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. 
(f) EFFECT.—Nothing in this section shall have the 
effect of terminating or affecting the renewal of any val-
idly issued right-of-way or the customary operation, main-
tenance, repair, and replacement activities in such right-
of-way, issued, granted, or permitted by the Secretary on 
the date of enactment of this Act.
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