H. J. Res. 2—271
(iii) a special use authorization for a group recre-
ation use being authorized for a different use area
or time period.
(8) NEW USE.—
(A) IN GENERAL.—The term ‘‘new use’’ means—
(i) a use that is not occurring in the Area as
of the date of enactment of this Act; and
(ii) an existing use that is being modified so as
to be significantly expanded or altered in scope, dimen-
sion, or impact on the land, water, air, or wildlife
resources of the Area.
(B) EXCLUSIONS.—The term ‘‘new use’’ does not include
a use that—
(i) is categorically excluded from documentation
requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); or
(ii) is carried out 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 the tract comprised of approximately 160 acres of land
owned by the Pueblo 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 Sec-
retary of Agriculture, acting through the Chief of the Forest
Service.
(12) SETTLEMENT
AGREEMENT.—The term ‘‘Settlement
Agreement’’ means the Agreement of Compromise and Settle-
ment dated April 4, 2000, among the United States, the Pueblo,
and the Sandia Peak Tram Company.
(13) SPECIAL USE PERMIT.—The term ‘‘special use permit’’
means the Special Use Permit issued December 1, 1993, by
the Secretary to Sandia Peak Tram Company and Sandia Peak
Ski Company.
(14) SPECIAL USE PERMIT AREA.—
(A) IN GENERAL.—The term ‘‘special use permit area’’
means the land and facilities subject to the special use
permit.
(B) INCLUSIONS.—The term ‘‘special use permit area’’
includes—
(i) approximately 46 acres of land used as an aerial
tramway corridor;
(ii) approximately 945 acres of land used as a
ski area; and
(iii) the land and facilities described in Exhibit
A to the special use permit, including—
(I) the maintenance road to the lower tram
tower;
(II) water storage and water distribution facili-
ties; and
(III) 7 helispots.
(15) SUBDIVISION.—The term ‘‘subdivision’’ means—
(A) the subdivision of—
(i) Sandia Heights Addition;
(ii) Sandia Heights North Unit I, II, or 3;
(iii) Tierra Monte;
(iv) Valley View Acres; or
H. J. Res. 2—272
(v) Evergreen Hills; and
(B) any additional plat or privately-owned property
depicted on the map.
(16) TRADITIONAL OR CULTURAL USE.—The term ‘‘traditional
or cultural use’’ means—
(A) a ceremonial activity (including the placing of
ceremonial materials in the Area); and
(B) the use, hunting, trapping, or gathering of plants,
animals, wood, water, and other natural resources for a
noncommercial purpose.
SEC. 404. T’UF SHUR BIEN PRESERVATION TRUST AREA.
(a) ESTABLISHMENT.—The T’uf Shur Bien Preservation Trust
Area is established within the Cibola National Forest and the
Sandia Mountain Wilderness as depicted on the map—
(1) to recognize and protect in perpetuity the rights and
interests of the Pueblo in and to the Area, as specified in
section 405(a);
(2) to preserve in perpetuity the national forest and wilder-
ness character of the Area; and
(3) to recognize and protect in perpetuity the longstanding
use and enjoyment of the Area by the public.
(b) ADMINISTRATION AND APPLICABLE LAW.—
(1) IN GENERAL.—The Secretary shall continue to admin-
ister the Area as part of the National Forest System subject
to and consistent with the provisions of this title affecting
management of the Area.
(2) TRADITIONAL OR CULTURAL USES.—Traditional or cul-
tural uses by Pueblo members and members of other federally-
recognized Indian tribes authorized to use the Area by the
Pueblo under section 405(a)(4) shall not be restricted except
by—
(A) the Wilderness Act (16 U.S.C. 1131 et seq.)
(including regulations promulgated under that Act) as in
effect on the date of enactment of this Act; and
(B) applicable Federal wildlife protection laws, as pro-
vided in section 406(a)(2).
(3) LATER
ENACTMENTS.—To the extent that any law
enacted or amended after the date of enactment of this Act
is inconsistent with this title, the law shall not apply to the
Area unless expressly made applicable by Congress.
(4) TRUST.—The use of the word ‘‘Trust’’ in the name of
the Area—
(A) is in recognition of the specific rights and interests
of the Pueblo in the Area; and
(B) does not confer on the Pueblo the ownership
interest that exists in a case in which the Secretary of
the Interior accepts the title to land held in trust for
the benefit of an Indian tribe.
(c) MAP.—
(1) FILING.—As soon as practicable after the date of enact-
ment of this Act, the Secretary shall file the map and a legal
description of the Area with the Committee on Resources of
the House of Representatives and with the Committee on
Energy and Natural Resources of the Senate.
(2) PUBLIC AVAILABILITY.—The map and legal description
shall be on file and available for public inspection in the Office
H. J. Res. 2—273
of the Chief of the Forest Service, Washington, District of
Columbia.
(3) EFFECT.—The map and legal description filed under
paragraph (1) shall have the same effect as if the map and
legal description were included in this title, except that—
(A) technical and typographical errors shall be cor-
rected;
(B) changes that may be necessary under subsection
(b), (d), or (e) of section 409 or subsection (b) or (c) of
section 413 shall be made; and
(C) to the extent that the map and the language of
this title conflict, the language of this title shall control.
(d) NO CONVEYANCE OF TITLE.—No right, title, or interest of
the United States in or to the Area or any part of the Area
shall be conveyed to or exchanged with any person, trust, or govern-
mental entity, including the Pueblo, without specific authorization
of Congress.
(e) PROHIBITED USES.—
(1) IN GENERAL.—Notwithstanding any other provision of
law—
(A) no use prohibited by the Wilderness Act (16 U.S.C.
1131 et seq.) as of the date of enactment of this Act shall
be permitted in the wilderness portion of the Area; and
(B) none of the following uses shall be permitted in
any portion of the Area:
(i) Gaming or gambling.
(ii) Mineral production.
(iii) Timber production.
(iv) Any new use to which the Pueblo objects under
section 405(a)(3).
(2) MINING CLAIMS.—The Area is closed to the location
of mining claims under section 2320 of the Revised Statutes
(30 U.S.C. 23) (commonly known as the ‘‘Mining Law of 1872’’).
(f) NO MODIFICATION OF BOUNDARIES.—Establishment of the
Area shall not—
(1) affect the boundaries of or repeal or disestablish the
Sandia Mountain Wilderness or the Cibola National Forest;
or
(2) modify the existing boundary of the Pueblo grant.
SEC. 405. PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) IN GENERAL.—The Pueblo shall have the following rights
and interests in the Area:
(1) Free and unrestricted access to the Area for traditional
or cultural uses, to the extent that those uses are not incon-
sistent with—
(A) the Wilderness Act (16 U.S.C. 1131 et seq.)
(including regulations promulgated under that Act) as in
effect on the date of enactment of this Act; or
(B) applicable Federal wildlife protection laws as pro-
vided in section 406(a)(2).
(2) Perpetual preservation of the national forest and wilder-
ness character of the Area under this title.
(3) Rights in the management of the Area as specified
in section 407, including—
(A) the right to consent or withhold consent to a new
use;
H. J. Res. 2—274
(B) the right to consultation regarding a modified use;
(C) the right to consultation regarding the management
and preservation of the Area; and
(D) the right to dispute resolution procedures.
(4) Exclusive authority, in accordance with the customs
and laws of the Pueblo, to administer access to the Area for
traditional or cultural uses by members of the Pueblo and
of other federally-recognized Indian tribes.
(5) Such other rights and interests as are recognized in
sections 404, 405(c), 407, 408, and 409.
(b) ACCESS.—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.
(c) COMPENSABLE INTEREST.—
(1) IN GENERAL.—If, by an Act of Congress enacted after
the date of enactment of this Act, Congress diminishes the
national forest or wilderness designation of the Area by author-
izing a use prohibited by section 404(e) in all or any portion
of the Area, or denies the Pueblo access for any traditional
or cultural use in all or any portion of the Area—
(A) the United States shall compensate the Pueblo
as if the Pueblo held a fee title interest in the affected
portion of the Area and as though the United States had
acquired such an interest by legislative exercise of the
power of eminent domain; and
(B) the restrictions of sections 404(e) and 406(a) shall
be disregarded in determining just compensation owed to
the Pueblo.
(2) EFFECT.—Any compensation made to the Pueblo under
paragraph (c) shall not affect the extinguishment of claims
under section 410.
SEC. 406. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE
AREA.
(a) LIMITATIONS.—The rights and interests of the Pueblo recog-
nized in this title do not include—
(1) any right to sell, grant, lease, convey, encumber, or
exchange land or any interest in land in the Area (and any
such conveyance shall not have validity in law or equity);
(2) any exemption from applicable Federal wildlife protec-
tion laws;
(3) any right to engage in a use prohibited by section
404(e); or
(4) any right to exclude persons or governmental entities
from the Area.
(b) EXCEPTION.—No person who exercises traditional or cultural
use rights as authorized by section 405(a)(4) may be prosecuted
for a Federal wildlife offense requiring proof of a violation of a
State law (including regulations).
SEC. 407. MANAGEMENT OF THE AREA.
(a) PROCESS.—
(1) IN
GENERAL.—The Secretary shall consult with the
Pueblo not less than twice each year, unless otherwise mutually
agreed, concerning protection, preservation, and management
of the Area (including proposed new uses and modified uses
in the Area and authorizations that are anticipated during
H. J. Res. 2—275
the next 6 months and were approved in the preceding 6
months).
(2) NEW USES.—
(A) REQUEST FOR CONSENT AFTER CONSULTATION.—
(i) DENIAL OF CONSENT.—If the Pueblo denies con-
sent for a new use within 30 days after completion
of the consultation process, the Secretary shall not
proceed with the new use.
(ii) GRANTING OF CONSENT.—If the Pueblo consents
to the new use in writing or fails to respond within
30 days after completion of the consultation process,
the Secretary may proceed with the notice and com-
ment process and the environmental analysis.
(B) FINAL REQUEST FOR CONSENT.—
(i) REQUEST.—Before the Secretary (or a designee)
signs a record of decision or decision notice for a pro-
posed new use, the Secretary shall again request the
consent of the Pueblo.
(ii) DENIAL OF CONSENT.—If the Pueblo denies con-
sent for a new use within 30 days after receipt by
the Pueblo of the proposed record of decision or decision
notice, the new use shall not be authorized.
(iii) FAILURE TO RESPOND.—If the Pueblo fails to
respond to the consent request within 30 days after
receipt of the proposed record of decision or decision
notice—
(I) the Pueblo shall be deemed to have con-
sented to the proposed record of decision or deci-
sion notice; and
(II) the Secretary may proceed to issue the
final record of decision or decision notice.
(3) PUBLIC INVOLVEMENT.—
(A) IN GENERAL.—With respect to a proposed new use
or modified use, the public shall be provided notice of—
(i) the purpose and need for the proposed new
use or modified use;
(ii) the role of the Pueblo in the decisionmaking
process; and
(iii) the position of the Pueblo on the proposal.
(B) COURT CHALLENGE.—Any person may bring a civil
action in the United States District Court for the District
of New Mexico to challenge a determination by the Sec-
retary concerning whether a use constitutes a new use
or a modified use.
(b) EMERGENCIES AND EMERGENCY CLOSURE ORDERS.—
(1) AUTHORITY.—The Secretary shall retain the authority
of the Secretary to manage emergency situations, to—
(A) provide for public safety; and
(B) issue emergency closure orders in the Area subject
to applicable law.
(2) NOTICE.—The Secretary shall notify the Pueblo
regarding emergencies, public safety issues, and emergency
closure orders as soon as practicable.
(3) NO
CONSENT.—An action of the Secretary described
in paragraph (1) shall not require the consent of the Pueblo.
(c) DISPUTES INVOLVING FOREST SERVICE MANAGEMENT AND
PUEBLO TRADITIONAL USES.—
H. J. Res. 2—276
(1) IN GENERAL.—In a case in which the management of
the Area by the Secretary conflicts with a traditional or cultural
use, if the conflict does not pertain to a new use subject to
the process specified in subsection (a)(2), the process for dispute
resolution specified in this subsection shall apply.
(2) DISPUTE RESOLUTION PROCESS.—
(A) IN GENERAL.—In the case of a conflict described
in paragraph (1)—
(i) the party identifying the conflict shall notify
the other party in writing addressed to the Governor
of the Pueblo or the Regional Forester, as appropriate,
specifying the nature of the dispute; and
(ii) the Governor of the Pueblo or the Regional
Forester shall attempt to resolve the dispute for a
period of at least 30 days after notice has been provided
before bringing a civil action in the United States
District Court for the District of New Mexico.
(B) DISPUTES REQUIRING IMMEDIATE RESOLUTION.—In
the case of a conflict that requires immediate resolution
to avoid imminent, substantial, and irreparable harm—
(i) the party identifying the conflict shall notify
the other party and seek to resolve the dispute within
3 days of the date of notification; and
(ii) if the parties are unable to resolve the dispute
within 3 days—
(I) either party may bring a civil action for
immediate relief in the United States District
Court for the District of New Mexico; and
(II) the procedural requirements specified in
subparagraph (A) shall not apply.
SEC. 408. JURISDICTION OVER THE AREA.
(a) CRIMINAL JURISDICTION.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, jurisdiction over crimes committed in the Area shall be
allocated as provided in this paragraph.
(2) JURISDICTION OF THE PUEBLO.—The Pueblo shall have
jurisdiction over an offense committed by a member of the
Pueblo or of another federally-recognized Indian tribe who is
present in the Area with the permission of the Pueblo under
section 405(a)(4).
(3) JURISDICTION
OF
THE
UNITED
STATES.—The United
States shall have jurisdiction over—
(A) an offense described in section 1153 of title 18,
United States Code, committed by a member of the Pueblo
or another federally-recognized Indian tribe;
(B) an offense committed by any person in violation
of the laws (including regulations) pertaining to the protec-
tion 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 person not a member of the Pueblo.
(4) JURISDICTION OF THE STATE OF NEW MEXICO.—The State
of New Mexico shall have jurisdiction over an offense under
the law of the State committed by a person not a member
of the Pueblo.
H. J. Res. 2—277
(5) OVERLAPPING
JURISDICTION.—To the extent that the
respective allocations of jurisdiction over the Area under para-
graphs (2), (3), and (4) overlap, the governments shall have
concurrent jurisdiction.
(6) FEDERAL USE OF STATE LAW.—Under the jurisdiction
of the United States described in paragraph (3)(D), Federal
law shall incorporate any offense defined and punishable under
State law that is not so defined under Federal law.
(b) CIVIL JURISDICTION.—
(1) IN
GENERAL.—Except as provided in paragraphs (2)
and (3), the United States, the State of New Mexico, and
local public bodies shall have the same civil adjudicatory, regu-
latory, and taxing jurisdiction over the Area as was exercised
by those entities on the day before the date of enactment
of this Act.
(2) JURISDICTION OF THE PUEBLO.—
(A) IN GENERAL.—The Pueblo shall have exclusive civil
adjudicatory jurisdiction over—
(i) a dispute involving only members of the Pueblo;
(ii) a civil action brought by the Pueblo against
a member of the Pueblo; and
(iii) a civil action brought by the Pueblo against
a member of another federally-recognized Indian tribe
for a violation of an understanding between the Pueblo
and the other tribe regarding use of or access to the
Area for traditional or cultural uses.
(B) REGULATORY JURISDICTION.—The Pueblo shall have
no regulatory jurisdiction over the Area, except that the
Pueblo shall have exclusive authority to—
(i) regulate traditional or cultural uses by the
members of the Pueblo and administer access to the
Area by other federally-recognized Indian tribes for
traditional or cultural uses, to the extent such regula-
tion is consistent with this title; and
(ii) regulate hunting and trapping in the Area
by members of the Pueblo, to the extent that the
hunting or trapping is related to traditional or cultural
uses, except that such hunting and trapping outside
of that portion of the Area in sections 13, 14, 23,
24, and the northeast quarter of section 25 of T12N,
R4E, and section 19 of T12N, R5E, N.M.P.M., Sandoval
County, New Mexico, shall be regulated by the Pueblo
in a manner consistent with the regulations of the
State of New Mexico concerning types of weapons and
proximity of hunting and trapping to trails and resi-
dences.
(C) TAXING JURISDICTION.—The Pueblo shall have no
authority to impose taxes within the Area.
(3) STATE AND LOCAL TAXING JURISDICTION.—The State of
New Mexico and local public bodies shall have no authority
within the Area to tax the uses or the property of the Pueblo,
members of the Pueblo, or members of other federally-recog-
nized Indian tribes authorized to use the Area under section
405(a)(4).
SEC. 409. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.
(a) SUBDIVISIONS.—
H. J. Res. 2—278
(1) IN GENERAL.—The subdivisions are excluded from the
Area.
(2) JURISDICTION.—
(A) IN GENERAL.—The Pueblo shall have no civil or
criminal jurisdiction for any purpose, including adjudica-
tory, taxing, zoning, regulatory or any other form of juris-
diction, over the subdivisions and property interests
therein, and the laws of the Pueblo shall not apply to
the subdivisions.
(B) STATE JURISDICTION.—The jurisdiction of the State
of New Mexico and local public bodies over the subdivisions
and property interests therein shall continue in effect,
except that on application of the Pueblo a tract comprised
of approximately 35 contiguous, nonsubdivided acres in
the northern section of Evergreen Hills owned in fee by
the Pueblo at the time of enactment of this Act, shall
be transferred to the United States and held in trust for
the Pueblo by the United States and administered by the
Secretary of the Interior.
(3) LIMITATIONS ON TRUST LAND.—Trust land described in
paragraph (2)(B) shall be subject to all limitations on use per-
taining to the Area contained in this title.
(b) PIEDRA LISA.—
(1) IN GENERAL.—The Piedra Lisa tract is excluded from
the Area.
(2) DECLARATION OF TRUST TITLE.—The Piedra Lisa tract—
(A) shall be transferred to the United States;
(B) is declared to be held in trust for the Pueblo by
the United States; and
(C) shall be administered by the Secretary of the
Interior subject to all limitations on use pertaining to the
Area contained in this title.
(3) APPLICABILITY OF CERTAIN RESTRICTION.—The restric-
tion contained in section 406(a)(4) shall not apply outside of
Forest Service System trails.
(c) CREST FACILITIES.—
(1) IN GENERAL.—The land on which the crest facilities
are located is excluded from the Area.
(2) JURISDICTION.—The Pueblo shall have no civil or
criminal jurisdiction for any purpose, including adjudicatory,
taxing, zoning, regulatory or any other form of jurisdiction,
over the land on which the crest facilities are located and
property interests therein, and the laws of the Pueblo, shall
not apply to that land. The preexisting jurisdictional status
of that land shall continue in effect.
(d) SPECIAL USE PERMIT AREA.—
(1) IN GENERAL.—The land described in the special use
permit is excluded from the Area.
(2) JURISDICTION.—
(A) IN GENERAL.—The Pueblo shall have no civil or
criminal jurisdiction for any purpose, including adjudica-
tory, taxing, zoning, regulatory, or any other form of juris-
diction, over the land described in the special use permit,
and the laws of the Pueblo shall not apply to that land.
(B) PREEXISTING
STATUS.—The preexisting jurisdic-
tional status of that land shall continue in effect.
H. J. Res. 2—279
(3) AMENDMENT TO PLAN.—In the event the special use
permit, during its existing term or any future terms or exten-
sions, requires amendment to include other land in the Area
necessary to realign the existing or any future replacement
tram line, associated structures, or facilities, the land subject
to that amendment shall thereafter be excluded from the Area
and shall have the same status under this title as the land
currently described in the special use permit.
(4) LAND
DEDICATED
TO
AERIAL
TRAMWAY
AND
RELATED
USES.—Any land dedicated to aerial tramway and related uses
and associated facilities that are excluded from the special
use permit through expiration, termination or the amendment
process shall thereafter be included in the Area, but only after
final agency action no longer subject to any appeals.
(e) LA LUZ TRACT.—
(1) IN GENERAL.—The La Luz tract now owned in fee by
the Pueblo is excluded from the Area and, on application by
the Pueblo, shall be transferred to the United States and held
in trust for the Pueblo by the United States and administered
by the Secretary of the Interior subject to all limitations on
use pertaining to the Area contained in this title.
(2) NONAPPLICABILITY
OF
CERTAIN
RESTRICTION.—The
restriction contained in section 406(a)(4) shall not apply outside
of Forest Service System trails.
(f) EVERGREEN HILLS ACCESS.—The Secretary shall ensure that
Forest Service Road 333D, as depicted on the map, is maintained
in an adequate condition in accordance with section 1323(a) of
the Alaska National Interest Lands Conservation Act (16 U.S.C.
3210(a)).
(g) PUEBLO
FEE
LAND.—Those properties not specifically
addressed in subsections (a) or (e) that are owned in fee by the
Pueblo within the subdivisions are excluded from the Area and
shall be subject to the jurisdictional provisions of subsection (a).
(h) RIGHTS-OF-WAY.—
(1) ROAD RIGHTS-OF-WAY.—
(A) IN GENERAL.—In accordance with the Pueblo having
given its consent in the Settlement Agreement, the Sec-
retary of the Interior shall grant to the County of
Bernalillo, New Mexico, in perpetuity, the following irrev-
ocable rights-of-way for roads identified on the map in
order to provide for public access to the subdivisions, the
special use permit land and facilities, the other leasehold
and easement rights and interests of the Sandia Peak
Tram Company and its affiliates, the Sandia Heights South
Subdivision, and the Area—
(i) a right-of-way for Tramway Road;
(ii) a right-of-way for Juniper Hill Road North;
(iii) a right-of-way for Juniper Hill Road South;
(iv) a right-of-way for Sandia Heights Road; and
(v) a right-of-way for Juan Tabo Canyon Road
(Forest Road No. 333).
(B) CONDITIONS.—The road rights-of-way shall be sub-
ject to the following conditions:
(i) Such rights-of-way may not be expanded or
otherwise modified without the Pueblo’s written con-
sent, but road maintenance to the rights-of-way shall
not be subject to Pueblo consent.
H. J. Res. 2—280
(ii) The rights-of-way shall not authorize uses for
any purpose other than roads without the Pueblo’s
written consent.
(iii) Except as provided in the Settlement Agree-
ment, existing rights-of-way or leasehold interests and
obligations held by the Sandia Peak Tram Company
and its affiliates, shall be preserved, protected, and
unaffected by this title.
(2) UTILITY RIGHTS-OF-WAY.—In accordance with the Pueblo
having given its consent in the Settlement Agreement, the
Secretary of the Interior shall grant irrevocable utility rights-
of-way in perpetuity across Pueblo land to appropriate utility
or other service providers serving Sandia Heights Addition,
Sandia Heights North Units I, II, and 3, the special use permit
land, Tierra Monte, and Valley View Acres, including rights-
of-way for natural gas, power, water, telecommunications, and
cable television services. Such rights-of-way shall be within
existing utility corridors as depicted on the map or, for certain
water lines, as described in the existing grant of easement
to the Sandia Peak Utility Company: Provided, That use of
water line easements outside the utility corridors depicted on
the map shall not be used for utility purposes other than
water lines and associated facilities. Except where above-ground
facilities already exist, all new utility facilities shall be installed
underground unless the Pueblo agrees otherwise. To the extent
that enlargement of existing utility corridors is required for
any technologically-advanced telecommunication, television, or
utility services, the Pueblo shall not unreasonably withhold
agreement to a reasonable enlargement of the easements
described above.
(3) FOREST SERVICE RIGHTS-OF-WAY.—In accordance with
the Pueblo having given its consent in the Settlement Agree-
ment, the Secretary of the Interior shall grant to the Forest
Service the following irrevocable rights-of-way in perpetuity
for Forest Service trails crossing land of the Pueblo in order
to provide for public access to the Area and through Pueblo
land—
(A) a right-of-way for a portion of the Crest Spur
Trail (Trail No. 84), crossing a portion of the La Luz
tract, as identified on the map;
(B) a right-of-way for the extension of the Foothills
Trail (Trail No. 365A), as identified on the map; and
(C) a right-of-way for that portion of the Piedra Lisa
North-South Trail (Trail No. 135) crossing the Piedra Lisa
tract.
SEC. 410. EXTINGUISHMENT OF CLAIMS.
(a) IN GENERAL.—Except for the rights and interests in and
to the Area specifically recognized in sections 404, 405, 407, 408,
and 409, all Pueblo claims to right, title and interest of any kind,
including aboriginal claims, in and to land within the Area, any
part thereof, and property interests therein, as well as related
boundary, survey, trespass, and monetary damage claims, are
permanently extinguished. The United States’ title to the Area
is confirmed.
(b) SUBDIVISIONS.—Any Pueblo claims to right, title and interest
of any kind, including aboriginal claims, in and to the subdivisions
H. J. Res. 2—281
and property interests therein (except for land owned in fee by
the Pueblo as of the date of enactment of this Act), as well as
related boundary, survey, trespass, and monetary damage claims,
are permanently extinguished.
(c) SPECIAL USE AND CREST FACILITIES AREAS.—Any Pueblo
right, title and interest of any kind, including aboriginal claims,
and related boundary, survey, trespass, and monetary damage
claims, are permanently extinguished in and to—
(1) the land described in the special use permit; and
(2) the land on which the crest facilities are located.
(d) PUEBLO AGREEMENT.—As provided in the Settlement Agree-
ment, the Pueblo has agreed to the relinquishment and extinguish-
ment of those claims, rights, titles and interests extinguished pursu-
ant to subsection (a), (b), and (c).
(e) CONSIDERATION.—The recognition of the Pueblo’s rights and
interests in this title constitutes adequate consideration for the
Pueblo’s agreement to the extinguishment of the Pueblo’s claims
in this section and the right-of-way grants contained in section
409, and it is the intent of Congress that those rights and interests
may only be diminished by a future Act of Congress specifically
authorizing diminishment of such rights, with express reference
to this title.
SEC. 411. CONSTRUCTION.
(a) STRICT CONSTRUCTION.—This title recognizes only enumer-
ated rights and interests, and no additional rights, interests, obliga-
tions, or duties shall be created by implication.
(b) EXISTING RIGHTS.—To the extent there exist within the
Area as of the date of enactment of this Act any valid private
property rights associated with private land that are not otherwise
addressed in this title, such rights are not modified or otherwise
affected by this title, nor is the exercise of any such right subject
to the Pueblo’s right to withhold consent to new uses in the Area
as set forth in section 405(a)(3)(A).
(c) NOT PRECEDENT.—The provisions of this title creating cer-
tain rights and interests in the National Forest System are uniquely
suited to resolve the Pueblo’s claim and the geographic and societal
situation involved, and shall not be construed as precedent for
any other situation involving management of the National Forest
System.
(d) FISH
AND
WILDLIFE.—Except as provided in section
408(b)(2)(B), nothing in this title shall be construed as affecting
the responsibilities of the State of New Mexico with respect to
fish and wildlife, including the regulation of hunting, fishing, or
trapping within the Area.
(e) FEDERAL LAND POLICY
AND MANAGEMENT ACT.—Section
316 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1746) is amended by adding at the end the following: ‘‘Any
corrections authorized by this section which affect the boundaries
of, or jurisdiction over, land administered by another Federal agency
shall be made only after consultation with, and the approval of,
the head of such other agency.’’.
SEC. 412. JUDICIAL REVIEW.
(a) ENFORCEMENT.—A civil action to enforce the provisions
of this title may be brought to the extent permitted under chapter
7 of title 5, United States Code. Judicial review shall be based
H. J. Res. 2—282
on the administrative record and subject to the applicable standard
of review set forth in section 706 of title 5, United States Code.
(b) WAIVER.—A civil action may be brought against the Pueblo
for declaratory judgment or injunctive relief under this title, but
no money damages, including costs or attorney’s fees, may be
imposed on the Pueblo as a result of such judicial action.
(c) VENUE.—Venue for any civil action provided for in this
section, as well as any civil action to contest the constitutionality
of this title, shall lie only in the United States District Court
for the District of New Mexico.
SEC. 413. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND
EXCHANGE.
(a) CONTRIBUTIONS.—
(1) IN GENERAL.—The Secretary may accept contributions
from the Pueblo, or from other persons or governmental
entities—
(A) to perform and complete a survey of the Area;
or
(B) to carry out any other project or activity for the
benefit of the Area in accordance with this title.
(2) DEADLINE.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete the survey
of the Area under paragraph (1)(A).
(b) LAND EXCHANGE.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, after consultation with the Pueblo,
the Secretary shall, in accordance with applicable laws, prepare
and offer a land exchange of National Forest land outside
the Area and contiguous to the northern boundary of the
Pueblo’s Reservation within sections 10, 11, and 14 of T12N,
R4E, N.M.P.M., Sandoval County, New Mexico excluding
wilderness land, for land owned by the Pueblo in the Evergreen
Hills subdivision in Sandoval County contiguous to National
Forest land, and the La Luz tract in Bernalillo County.
(2) ACCEPTANCE
OF
PAYMENT.—Notwithstanding section
206(b) of the Federal Land Policy and Management Act (43
U.S.C. 1716(b)), the Secretary may either make or accept a
cash equalization payment in excess of 25 percent of the total
value of the land or interests transferred out of Federal owner-
ship.
(3) FUNDS RECEIVED.—Any funds received by the Secretary
as a result of the exchange shall be deposited in the fund
established under the Act of December 4, 1967, known as
the Sisk Act (16 U.S.C. 484a), and shall be available to purchase
non-Federal land within or adjacent to the National Forests
in the State of New Mexico.
(4) TREATMENT OF LAND EXCHANGED OR CONVEYED.—All
land exchanged or conveyed to the Pueblo is declared to be
held in trust for the Pueblo by the United States and added
to the Pueblo’s Reservation subject to all existing and out-
standing rights and shall remain in its natural state and shall
not be subject to commercial development of any kind. Land
exchanged or conveyed to the Forest Service shall be subject
to all limitations on use pertaining to the Area under this
title.
H. J. Res. 2—283
(5) FAILURE TO MAKE OFFER.—If the land exchange offer
is not made by the date that is 180 days after the date of
enactment of this Act, the Secretary shall submit to the Com-
mittee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the United States
House of Representatives, a report explaining the reasons for
the failure to make the offer including an assessment of the
need for any additional legislation that may be necessary for
the exchange. If additional legislation is not necessary, the
Secretary, consistent with this section, should proceed with
the exchange pursuant to existing law.
(c) LAND ACQUISITION AND OTHER COMPENSATION.—
(1) IN GENERAL.—The Secretary may acquire land owned
by the Pueblo within the Evergreen Hills Subdivision in
Sandoval County or any other privately held land inside of
the exterior boundaries of the Area. The boundaries of the
Cibola National Forest and the Area shall be adjusted to encom-
pass any land acquired pursuant to this section.
(2) PIEDRA LISA TRACT.—Subject to the availability of appro-
priations, the Secretary shall compensate the Pueblo for the
fair market value of—
(A) the right-of-way established pursuant to section
409(h)(3)(C); and
(B) the conservation easement established by the
limitations on use of the Piedra Lisa tract pursuant to
section 409(b)(2).
(d) REIMBURSEMENT OF CERTAIN COSTS.—
(1) IN GENERAL.—The Pueblo, the County of Bernalillo,
New Mexico, and any person that owns or has owned property
inside of the exterior boundaries of the Area as designated
on the map, and who has incurred actual and direct costs
as a result of participating in the case of Pueblo of Sandia
v. Babbitt, Civ. No. 94–2624 HHG (D.D.C.), or other proceedings
directly related to resolving the issues litigated in that case,
may apply for reimbursement in accordance with this section.
Costs directly related to such participation which shall qualify
for reimbursement shall be—
(A) dues or payments to a homeowner association for
the purpose of legal representation; and
(B) legal fees and related expenses.
(2) TREATMENT OF REIMBURSEMENT.—Any reimbursement
provided in this subsection shall be in lieu of that which might
otherwise be available pursuant to the Equal Access to Justice
Act (24 U.S.C. 2412).
(3) PAYMENTS.—Subject to the availability of appropriated
funds the Secretary of the Treasury shall make reimbursement
payments as provided in this section.
(4) APPLICATIONS.—Not later than 180 days after the date
of enactment of this Act, applications for reimbursement shall
be filed with the Department of the Treasury, Financial
Management Service, Washington, D.C.
(5) 
MAXIMUM
REIMBURSEMENT.—No 
party 
shall 
be
reimbursed in excess of $750,000 under this section, and the
total amount reimbursed in accordance with this section shall
not exceed $3,000,000.
H. J. Res. 2—284
SEC. 414. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title, including such sums as are nec-
essary for the Forest Service to carry out responsibilities of the
Forest Service in accordance with section 413(c).
SEC. 415. EFFECTIVE DATE.
The provisions of this title shall take effect immediately on
enactment of this Act.
TITLE V—NATIONAL FOREST ORGANI-
ZATIONAL CAMP FEE IMPROVEMENT
ACT OF 2003
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘National Forest Organizational
Camp Fee Improvement Act of 2003’’.
SEC. 502. FINDINGS, PURPOSE, AND DEFINITIONS.
(a) FINDINGS.—Congress finds the following:
(1) Organizational camps, such as those administered by
the Boy Scouts, Girl Scouts, and faith-based and community-
based organizations, provide a valuable service to young people,
individuals with a disability, and their families by promoting
physical, mental, and spiritual health through activities con-
ducted in a natural environment.
(2) The 192,000,0000 acres of national forests and grass-
lands of the National Forest System managed for multiple
uses by the Forest Service provides an ideal setting for such
organizational camps.
(3) The Federal Government should charge land use fees
for the occupancy and use of National Forest System lands
by such organizational camps that, while based on the fair
market value of the land in use, also recognize the benefits
provided to society by such organizational camps, do not pre-
clude the ability of such organizational camps from utilizing
these lands, and permit capital investment in, and maintenance
of, camp facilities by such organizational camps or their spon-
soring organizations.
(4) Organizational camps should—
(A) ensure that their facilities meet applicable building
and safety codes, including fire and health codes;
(B) have annual inspections as required by local law,
including at a minimum inspections for fire and food safety;
and
(C) have in place safety plans that address fire and
medical emergencies and encounters with wildlife.
(b) PURPOSE.—It is the purpose of this Act to establish a land
use fee system that provides for an equitable return to the Federal
Government for the occupancy and use of National Forest System
lands by organizational camps that serve young people or individ-
uals with a disability.
(c) DEFINITIONS.—In this Act:
(1) The term ‘‘organizational camp’’ means a public or
semipublic camp that—