instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Emergency Acute Care Hospital 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the University of North Carolina's Center 
        for Health Services Research, 55 rural hospitals have closed in 
        the Unites States since January 2010.
            (2) In 2014, iVantage conducted a study for the National 
        Rural Health Association and found 283 hospitals at risk of 
        closure based upon performance indicators that matched those 
        facilities already forced to close in this decade.
            (3) Researchers at the University of North Carolina 
        identified inpatient volume as a substantial contributing 
        factor to the financial performance of rural hospitals, with 
        many of the at-risk hospitals having an average daily bed 
        census of less than 2.
            (4) Adverse impacts to the local economy and the loss of 
        timely access to emergency medical care are 2 major effects of 
        rural hospital closures.
            (5) According to the National Center for Rural Health 
        Works, the typical rural hospital creates over 140 jobs and 
        generates $6,800,000 in compensation while serving an average 
        population of 14,600.
            (6) The 2014 iVantage study estimates that the 283 at-risk 
        hospitals could result in the loss of 36,000 health care jobs, 
        50,000 community jobs, and $10,600,000,000 in gross domestic 
        product.
            (7) Time is the most critical factor for achieving 
        successful outcomes in emergency medicine, and emergency 
        medical clinicians refer to the time-sensitive period during 
        which successful outcomes may be best achieved as the ``golden 
        hour''.
            (8) The National Conference of State Legislatures states 
        that 60 percent of trauma deaths in the United States occur in 
        rural areas, where only 15 percent of the population is 
        represented.
            (9) The disproportionate percentage of trauma deaths in 
        rural areas is likely attributable in large part to a 
        combination of response time to the scene and distance to the 
        nearest emergency room to stabilize trauma victims.
            (10) The percentage of trauma deaths occurring in rural 
        areas could continue to increase as more rural hospitals close, 
        further limiting access to emergency services and requiring 
        patients to travel longer distances to receive emergency 
        medical care.
            (11) The creation of a rural emergency hospital designation 
        under the Medicare program will allow facilities in rural areas 
        to provide emergency medical services without having to 
        maintain inpatient beds.
            (12) In addition to providing emergency care, rural 
        emergency hospitals could convert the space previously used for 
        inpatient services to provide other medical services including, 
        but not limited to, observation care, skilled nursing facility 
        care, infusion services, hemodialysis, home health, hospice, 
        nursing home care, population health, and telemedicine 
        services.

SEC. 3. RURAL EMERGENCY HOSPITAL PROGRAM.

    (a) In General.--
            (1) Rural emergency hospital and services defined.--Section 
        1861 of the Social Security Act (42 U.S.C. 1395x) is amended--
                    (A) in subsection (e), in the last sentence of the 
                matter following paragraph (9), by inserting ``or a 
                rural emergency hospital (as defined in section 
                1861(iii)(1))'' before the period at the end; and
                    (B) by adding at the end the following subsection:

    ``Rural Emergency Hospital; Rural Emergency Hospital Outpatient 
                                Services

    ``(iii)(1) The term `rural emergency hospital' means a facility 
that--
            ``(A)(i) as of December 31, 2014--
                            ``(I) was a critical access hospital; or
                            ``(II) was a hospital with not more than 50 
                        beds located in a county (or equivalent unit of 
                        local government) in a rural area (as defined 
                        in section 1886(d)(2)(D)), or was a hospital 
                        with not more than 50 beds that was treated as 
                        being located in a rural area pursuant to 
                        section 1886(d)(8)(E); or
                    ``(ii) was a critical access hospital described in 
                clause (i)(I) or a hospital described in clause (i)(II) 
                that ceased operations during the period beginning on 
                the date that is 5 years prior to the date of the 
                enactment of this subsection and ending on December 30, 
                2014;
            ``(B) provides 24-hour emergency medical care and 
        observation care that does not exceed an annual per patient 
        average of 24 hours or more than 1 midnight;
            ``(C) does not provide any acute care inpatient beds and 
        has protocols in place for the timely transfer of patients who 
        require acute care inpatient services or other inpatient 
        services;
            ``(D) has elected to be designated as a rural emergency 
        hospital;
            ``(E) has received approval to operate as a rural emergency 
        hospital from the State under section 1834(r)(3)(A); and
            ``(F) is certified by the Secretary under section 
        1834(r)(3)(B).
    ``(2) The term `rural emergency hospital outpatient services' means 
medical and other health services furnished by a rural emergency 
hospital on an outpatient basis.
    ``(3) Nothing in this subsection or section 1834(r)(3) shall be 
construed to prohibit a rural emergency hospital from providing 
extended care services.''.
            (2) Payment for rural emergency hospital services.--
                    (A) In general.--Section 1833(a) of the Social 
                Security Act (42 U.S.C. 1395l(a)) is amended--
                            (i) in paragraph (8), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (9), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by inserting after paragraph (9) the 
                        following new paragraph:
            ``(10) in the case of rural emergency hospital emergency 
        services and services provided by a rural emergency hospital or 
        other provider of ambulance services to transport patients who 
        require acute care inpatient services or other inpatient 
        services from such rural emergency hospital to a hospital or 
        critical access hospital, the amounts described in section 
        1834(r).''.
                    (B) Payment amount.--Section 1834 of the Social 
                Security Act (42 U.S.C. 1395m) is amended by adding at 
                the end the following subsection:
    ``(r) Payment Rules Relating to Rural Emergency Hospitals.--
            ``(1) Payment for rural emergency hospital outpatient 
        services.--
                    ``(A) In general.--The amount of payment for rural 
                emergency hospital outpatient services of a rural 
                emergency hospital is equal to 110 percent of the 
                reasonable costs of providing such services.
                    ``(B) Telehealth services.--For purposes of this 
                paragraph, in determining the reasonable costs of 
                providing rural emergency hospital outpatient services, 
                costs associated with having a backup physician 
                available via a telecommunications system shall be 
                considered reasonable costs.
            ``(2) Payment for transportation services.--The amount of 
        payment for services provided by a rural emergency hospital or 
        other provider of ambulance services to transport patients who 
        require acute care inpatient services or other inpatient 
        services from such rural emergency hospital to a hospital or 
        critical access hospital is equal to 110 percent of the 
        reasonable costs of providing such services.
            ``(3) Requirements for rural emergency hospitals.--
                    ``(A) State approval to operate as a rural 
                emergency hospital.--No payment shall be made under 
                this subsection to a facility, or to a provider of 
                ambulance services providing transportation services 
                from such facility, unless the State in which the 
                facility is located has approved the facility's 
                designation as a rural emergency hospital.
                    ``(B) Certification of rural emergency hospital.--
                            ``(i) In general.--No payment shall be made 
                        under this subsection to a facility, or to a 
                        provider of ambulance services providing 
                        transportation services from such facility, 
                        unless the facility has been certified by the 
                        Secretary as a rural emergency hospital.
                            ``(ii) Certification requirements.--The 
                        Secretary shall certify a facility as a rural 
                        emergency hospital if the facility--
                                    ``(I) meets the criteria for rural 
                                emergency hospitals described in 
                                subparagraphs (A) through (E) of 
                                section 1861(iii)(1);
                                    ``(II) either--
                                            ``(aa) is verified by the 
                                        American College of Surgeons as 
                                        having the resources required 
                                        of a level IV trauma center or 
                                        higher; or
                                            ``(bb) employs healthcare 
                                        professionals that successfully 
                                        completed the Advanced Trauma 
                                        Life Support Course offered by 
                                        the American College of 
                                        Surgeons within the preceding 4 
                                        years;
                                    ``(III) has in effect a transfer 
                                agreement with a level I or level II 
                                trauma center; and
                                    ``(IV) meets such staff training 
                                and certification requirements as the 
                                Secretary may require.
            ``(4) Coinsurance.--
                    ``(A) In general.--The amount of payment for rural 
                emergency hospital services or transportation services 
                made to a rural emergency hospital or other provider of 
                ambulance services under this subsection shall be 
                reduced by the coinsurance amount described in 
                subparagraph (B).
                    ``(B) Coinsurance amount.--The coinsurance amount 
                described in this subparagraph, with respect to an item 
                or service provided by a rural emergency hospital or 
                provider of ambulance services, shall be calculated in 
                the same manner as the coinsurance amount for an 
                outpatient critical access hospital service is 
                calculated under section 1866(a)(2).''.
    (b) Waiver of Distance Requirement for Replacement CAHs; Subsequent 
Redesignation of Rural Emergency Hospitals as CAHs.--Section 1820(c)(2) 
of the Social Security Act (42 U.S.C. 1395i-4(c)(2)) is amended--
            (1) in subparagraph (B)(i)(I), by inserting ``subject to 
        subparagraph (F),'' before ``is located''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(F) Option to waive distance requirement.--
                Beginning on the date of the enactment of this 
                subparagraph, for every critical access hospital 
                located in a State that is certified as a rural 
                emergency hospital under section 1834(r)(3)(B), the 
                State shall have the option of waiving the distance 
                requirement described in subparagraph (B)(i)(I) with 
                respect to another facility located in the State that 
                is seeking designation as a critical access hospital 
                under this paragraph.
                    ``(G) Redesignation of a rural emergency hospital 
                as a critical access hospital.--A rural emergency 
                hospital that was previously designated as a critical 
                access hospital under this paragraph may elect to be 
                redesignated as a critical access hospital (in the same 
                manner that the hospital was originally designated as a 
                critical access hospital) at any time, subject to such 
                conditions as the Secretary may establish.''.
    (c) Studies and Reports.--
            (1) Studies.--The Secretary of Health & Human Services 
        shall conduct 3 studies to evaluate the impact of rural 
        emergency hospitals on the availability of health care and 
        health outcomes in rural areas (as defined in section 
        1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww)). 
        The Secretary shall conduct a study--
                    (A) 2 years after the date of the enactment of this 
                Act;
                    (B) 5 years after the date of the enactment of this 
                Act; and
                    (C) 10 years after the date of the enactment of 
                this Act.
            (2) Reports.--Not later than 6 months after each date that 
        the Secretary of Health & Human Services is required to conduct 
        a study under paragraph (1), the Secretary shall submit a 
        report to Congress containing the results of each such study.
    (d) Effective Date.--The amendments made by this section shall 
apply to items and services furnished on or after the date that is 1 
year after the date of the enactment of this Act.

SEC. 4. INCLUSION OF EMERGENCY MEDICINE AS HEALTH SERVICES UNDER THE 
              NATIONAL HEALTH SERVICE CORPS.

    Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 
254d(a)(3)(D)) is amended by inserting ``, and includes emergency 
medicine provided by physicians in a rural emergency hospital (as 
defined in section 1861(iii) of the Social Security Act)'' before the 
period.

SEC. 5. PERMITTING HOSPITALS WITH APPROVED RESIDENCY PROGRAMS IN 
              EMERGENCY MEDICINE TO INCLUDE TIME SPENT BY INTERNS AND 
              RESIDENTS IN THE EMERGENCY DEPARTMENT OF A RURAL HOSPITAL 
              IN FULL-TIME EQUIVALENT COUNT.

    (a) Indirect Medical Education.--Section 1886(d)(5)(B)(iv) of the 
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(iv)) is amended by 
adding at the end the following new subclause:
            ``(III) Effective for discharges occurring on or after 
        October 1, 2015, all of the time spent in patient care 
        activities in the emergency department of a rural hospital by 
        interns and residents in emergency medicine from a hospital 
        with an approved medical residency training program (as defined 
        in subsection (h)(5)(A)) in such specialty shall be included in 
        determining the number of full-time equivalent interns and 
        residents in such program if the hospital with such program 
        incurs the costs of the stipends and fringe benefits of the 
        interns or residents during the time the interns or residents 
        spend in that rural hospital in accordance with subclause (II). 
        In this subclause, the term `rural hospital' means a hospital 
        that is located in a rural area (as defined for purposes of 
        paragraph (2)(D)).''.
    (b) Direct Medical Education.--Section 1886(h)(4)(E) of the Social 
Security Act (42 U.S.C. 1395(h)(4)) is amended--
            (1) in clause (ii), by striking the period at the end and 
        inserting ``; and'';
            (2) by inserting after clause (ii) the following new 
        clause:
                            ``(iii) effective for cost reporting 
                        periods beginning on or after July 1, 2015, all 
                        of the time so spent in the emergency 
                        department of a rural hospital by residents in 
                        emergency medicine from a hospital with an 
                        approved medical residency training program in 
                        such specialty shall be counted towards the 
                        determination of full-time equivalency in such 
                        program if the hospital with such program bears 
                        all, or substantially all, of the costs of 
                        training such residents in the rural hospital. 
                        In this subparagraph, the term `rural hospital' 
                        means a hospital that is located in a rural 
                        area (as defined for purposes of subsection 
                        (d)(2)(D)).''; and
            (3) by adding at the end the following new sentence: ``For 
        purposes of this subparagraph, the emergency department of a 
        rural hospital described in clause (iii) is a nonprovider 
        setting.''.
answer:
Rural Emergency Acute Care Hospital Act  This bill amends title XVIII (Medicare) of the Social Security Act to designate as a rural emergency hospital any facility that as of December 31, 2014, was:   a critical access hospital (CAH) or a hospital with at most 50 beds located in a county in a rural area or treated as located in a rural area, or one of such hospitals that ceased operations during the period beginning five years before enactment of this Act and ending on December 30, 2014.  A rural emergency hospital:  must provide 24-hour emergency medical care and observation care not exceeding an annual per patient average of 24 hours or more than 1 midnight, does not provide any acute care inpatient beds and has protocols in place for the timely transfer of patients who require acute care inpatient services or other inpatient services, has elected to be designated as a rural emergency hospital, has received approval to operate as one from the state, and is certified by the Department of Health and Human Services (HHS).  Medicare part B (Supplementary Medical Insurance Benefits) shall cover rural emergency hospital emergency services as well as ambulance services provided by a rural emergency hospital or other provider to transport patients who require acute care inpatient services or other inpatient services from the rural emergency hospital to a hospital or a CAH. Payment for rural emergency hospital outpatient services of a rural emergency hospital, including telehealth and ambulance services, shall be 110% percent of their reasonable costs. Rural emergency hospitals must be approved by the state and certified by HHS. States shall have the option of waiving a specified distance requirement between a CAH certified as a rural emergency hospital and another facility located in the state that is seeking designation as a CAH. Primary health services which the National Health Service Corps may provide under the Public Health Service Act shall include emergency medicine provided by physicians in a rural emergency hospital. Hospitals with approved residency programs in emergency medicine shall include time spent by interns and residents in the emergency department of a rural hospital in the full-time equivalent count with respect to reimbursement for the indirect (stipend, fringe benefit) and direct (all or substantially all training) costs of medical education in subsection (d) hospitals. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.)


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right to Try Act''.

SEC. 2. USE OF UNAPPROVED MEDICAL PRODUCTS BY PATIENTS DIAGNOSED WITH A 
              TERMINAL ILLNESS.

    (a) In General.--Notwithstanding the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.), the Controlled Substances Act (21 
U.S.C. 801 et seq.), and any other provision of Federal law, the 
Federal Government shall not take any action to prohibit or restrict--
            (1) the production, manufacture, distribution, prescribing, 
        or dispensing of an experimental drug, biological product, or 
        device that--
                    (A) is intended to treat a patient who has been 
                diagnosed with a terminal illness; and
                    (B) is authorized by, and in accordance with, State 
                law; and
            (2) the possession or use of an experimental drug, 
        biological product, or device--
                    (A) that is described in subparagraphs (A) and (B) 
                of paragraph (1); and
                    (B) for which the patient has received a 
                certification from the patient's treating physician in 
                accordance with subsection (b).
    (b) Physician Certification.--A certification by the patient's 
treating physician referred to in subsection (a)(2)(B) must include 
each of the following:
            (1) A certification that the physician--
                    (A) is in good standing with the physician's 
                certifying organization or board; and
                    (B) has personally examined the patient.
            (2) A certification that there is no reason to conclude the 
        experimental drug, biological product, or device poses an 
        unreasonable and significant risk of danger to the patient.
            (3) A certification that the patient has been diagnosed 
        with a terminal disease or condition and does not have any 
        treatment options that--
                    (A) are comparable to treatment using the 
                experimental drug, biological product, or device or 
                otherwise satisfactory; and
                    (B) are approved, licensed, or cleared for 
                commercial distribution under section 505, 510(k), or 
                515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262) and are 
                available to diagnose, monitor, or treat the patient's 
                disease or condition.
            (4) A certification that the probable risk to the patient 
        from the experimental drug, biological product, or device is 
        not greater than the probable risk from the patient's disease 
        or condition.
            (5) A certification that the physician has provided the 
        patient with a written statement and oral explanation of the 
        medical treatment to be provided using the experimental drug, 
        biological product, or device.
            (6) An acknowledgement signed by the patient (or the 
        patient's legal representative) that the physician has provided 
        the written statement and oral explanation required by 
        paragraph (5), and has disclosed the following:
                    (A) That the medical treatment using the 
                experimental drug, biological product, or device is 
                experimental or nonconventional.
                    (B) That the experimental drug, biological product, 
                or device has not been approved, licensed, or cleared 
                for commercial distribution under section 505, 510(k), 
                or 515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262) for any 
                indication.
                    (C) The material risks generally recognized by a 
                reasonably prudent physician of the medical treatment's 
                side effects.
                    (D) An explanation of the medical treatment, 
                including the expected frequency and duration of the 
                treatment.
    (c) No Liability or Use of Outcomes.--
            (1) No liability.--Notwithstanding any other provision of 
        law, no liability shall lie against a producer, manufacturer, 
        distributor, prescriber, dispenser, possessor, or user of an 
        experimental drug, biological product, or device for the 
        production, manufacture, distribution, prescribing, dispensing, 
        possession, or use of an experimental drug, biological product, 
        or device that is in compliance, with subsection (a).
            (2) No use of outcomes.--Notwithstanding any other 
        provision of law, the outcome of any production, manufacture, 
        distribution, prescribing, dispensing, possession, or use of an 
        experimental drug, biological product, or device that was done 
        in compliance with subsection (a) shall not be used by a 
        Federal agency reviewing the experimental drug, biological 
        product, or device to delay or otherwise adversely impact 
        review or approval of such experimental drug, biological 
        product, or device.
    (d) Rules of Construction.--Nothing in this Act shall be construed 
to--
            (1) require a manufacturer or other person to make 
        available any experimental drug, biological product, or device; 
        or
            (2) prohibit a manufacturer or other person from receiving 
        compensation or recovering costs for the production, 
        manufacture, distribution, or sale of an experiment drug, 
        biological product, or device.
    (e) Definitions.--In this section:
            (1) Biological product.--The term ``biological product'' 
        has the meaning given to such term in section 351 of the Public 
        Health Service Act (42 U.S.C. 262).
            (2) Device; drug.--The terms ``device'' and ``drug'' have 
        the meanings given to such terms in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (3) Experimental drug, biological product, or device.--The 
        term ``experimental drug, biological product, or device'' means 
        a drug, biological product, or device that--
                    (A) has successfully completed a phase 1 clinical 
                investigation;
                    (B) remains under investigation in a clinical trial 
                approved by the Food and Drug Administration; and
                    (C) is not approved, licensed, or cleared for 
                commercial distribution under section 505, 510(k), or 
                515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262).
            (4) Phase 1 clinical investigation.--The term ``phase 1 
        clinical investigation'' means a phase 1 clinical 
        investigation, as described in section 312.21 of title 21, Code 
        of Federal Regulations (or any successor regulations).
            (5) Terminal illness.--The term ``terminal illness'' has 
        the meaning given to such term in the State law specified in 
        subsection (a)(1)(B).
answer:
Right to Try Act This bill requires the federal government to allow unrestricted manufacturing, distribution, prescribing, and dispensing of experimental drugs, biological products, and medical devices that are authorized by state law and intended to treat terminally ill patients. Patients receiving these treatments must be certified by a physician as having exhausted all other treatment options and as being at greater risk from their medical condition than the treatment. The physician must explain the treatment to the patient, including that the treatment is experimental, and the patient, or the patient's legal representative, must acknowledge the explanation. A manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment. The outcome of manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment. The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration (FDA); and (3) not be approved, licensed, or cleared for sale by the FDA.  


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ojito Wilderness Act''.

SEC. 2. 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) Map.--The term ``map'' means the map entitled ``Ojito 
        Wilderness Act'' and dated September 8, 2004.
            (5) Wilderness.--The term ``Wilderness'' means the Ojito 
        Wilderness designated under section 3(a).

SEC. 3. 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 hereby designated as wilderness, 
and, therefore, as a component of the National Wilderness Preservation 
System, certain 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 Committee on Energy 
        and Natural Resources of the Senate 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 included in this 
        Act, 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 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 the enactment of this Act.
    (d) Management of Newly Acquired Land.--If acquired by the United 
States, the following land shall become part of the Wilderness and 
shall be managed in accordance with this Act 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 Wilderness.
    (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 directs 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 Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) 
and no longer are subject to the requirement of section 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 preservation as wilderness.
    (g) Grazing.--Grazing of livestock in the Wilderness, 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 Appendix A of the Report of the Committee on Interior and Insular 
Affairs to accompany H.R. 2570 of the One Hundred 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 disposal 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 boundaries of the Wilderness.

SEC. 4. 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 (including 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 immediately 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 conveyance 
        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 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 public to access the land for 
        recreational, scenic, scientific, 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; Provided 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 aggrieved party is established.
            (2) Conditions.--Except as provided in subsection (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 motorized vehicles 
                (except on existing roads or as is necessary for the 
                maintenance and repair of facilities used in connection 
                with grazing operations), mineral extraction, housing, 
                gaming, and other commercial enterprises 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 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 enactment of this Act 
                over land authorized to be conveyed by this section 
                shall be administered in accordance with the rules, 
                regulations, and fee payment schedules of the 
                Department of the Interior, 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 Pueblo.
answer:

Ojito Wilderness Act - (Sec. 3) Designates certain public land known as the Ojito Wilderness in New Mexico (Wilderness) as a component of the National Wilderness Preservation System. Requires that the map and a legal description of the Wilderness be filed by the Secretary of the Interior with the Senate Committee on Energy and Natural Resources and the House Committee on Resources, and be made available for public inspection in offices of the Bureau of Land Management (BLM).

Requires that the Wilderness by managed by the Secretary in accordance with the Wilderness Act. Provides for the addition of specified land in New Mexico to the Wilderness if such land is acquired by the Federal Government.

Permits grazing of livestock in the Wilderness where grazing rights were established before the enactment of this Act. Provides that nothing in this Act affects: (1) the jurisdiction or responsibilities of New Mexico with respect to fish and wildlife in the State; or (2) any existing valid water right.

Directs the Secretary to seek an exchange for State land within the boundaries of the Wilderness within three years after enactment of this Act.

(Sec. 4) Requires the Secretary to hold in trust certain public lands for the Pueblo of Zia (Pueblo) and include such lands as part of the Pueblo's Reservation. Requires the Pueblo to pay the Secretary the fair market value (determined by an appraisal) of such public lands placed in trust. Authorizes the Secretary to use funds paid by the Pueblo to acquire non Federal lands in New Mexico.

Preserves public access to Pueblo trust lands for recreational, scenic, scientific, educational, paleontological, and conservation uses. Authorizes a civil action in the U.S. District Court for the District of New Mexico to enforce right of public access.

Preserves existing rights-of-way in the trust lands. Requires the Pueblo to grant any reasonable request for rights-of-way for utilities and pipelines in the such lands.