rights with respect to the land designated as wil-
derness by this Act; 
(B) shall affect any water rights in the 
State existing on the date of enactment of this 
Act, including any water rights held by the 
United States; 
(C) shall be construed as establishing a 
precedent with regard to any future wilderness 
designations; 
(D) shall affect the interpretation of, or any 
designation made pursuant to, any other Act; or 
(E) shall be construed as limiting, altering, 
modifying, or amending any of the interstate 
compacts or equitable apportionment decrees that 
apportion water among and between the State 
and other States. 
(3) STATE WATER LAW.—The Secretary shall fol-
low the procedural and substantive requirements of 
the law of the State in order to obtain and hold any 
water rights not in existence on the date of enactment 
of this Act with respect to the wilderness area des-
ignated by this Act. 
(4) NEW PROJECTS.—
(A) WATER RESOURCE FACILITY.—As used 
in this subsection, the term ‘‘water resource facil-
ity’’—
(i) means irrigation and pumping fa-
cilities, 
reservoirs, 
water 
conservation 
works, aqueducts, canals, ditches, pipelines, 
wells, hydropower projects, and trans-
mission and other ancillary facilities, and 
other water diversion, storage, and carriage 
structures; and 
(ii) does not include wildlife guzzlers. 
(B) RESTRICTION
ON
NEW
WATER
RE-
SOURCE FACILITIES.—Except as otherwise pro-
vided in this Act, on and after the date of enact-
ment of this Act, neither the President nor any 
other officer, employee, or agent of the United 
States shall fund, assist, authorize, or issue a li-
cense or permit for the development of any new 
water resource facility within the wilderness 
area designated by this Act. 
(j) WITHDRAWAL.—Subject to valid existing rights, the 
wilderness area designated by this Act, the lands to be 
added under subsection (e), and lands identified on the map 
as the ‘‘BLM Lands Authorized to be Acquired by the Pueb-
lo of Zia’’ are withdrawn from—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 enactment of this Act, the Secretary shall seek to complete 
an exchange for State land within the boundaries of the 
wilderness area designated by this Act. 
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 (e)—
(A) the land conveyed under subsection (a) 
shall be maintained as open space and the nat-
ural characteristics of the land shall be preserved 
in perpetuity; and 
(B) the use of motorized vehicles (except on 
existing roads or as is necessary for the mainte-
nance and repair of facilities used in connection 
with grazing operations), mineral extraction, 
housing, gaming, and other commercial enter-
prises shall be prohibited 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 request for rights-of-way for utili-
ties and pipelines over the land acquired under 
subsection (a) that is designated as the ‘‘Rights-
of-Way corridor #1’’ in the Rio Puerco Resource 
Management Plan that is in effect on the date of 
the grant. 
(B) ADMINISTRATION.—Any right-of-way 
issued or renewed after the date of enactment of 
this Act located on land authorized to be ac-
quired under this section shall be administered 
in accordance with the rules, regulations, and fee 
payment schedules of the Department of the Inte-
rior, including the Rio Puerco Resources Man-
agement Plan that is 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. 89
109TH CONGRESS 
1ST SESSION 
H. R. 362
[Report No. 109–149] 
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. 
JUNE 23, 2005
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed