Ojito Wilderness Act
PL 109-94 (S.156), enacted 10/26/2005

119 STAT. 2106
PUBLIC LAW 109–94—OCT. 26, 2005
Public Law 109–94
109th Congress
An Act
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 Representatives 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. DEFINITIONS.
In this Act:
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Ojito
Wilderness Act’’ and dated October 1, 2004.
(2) PUEBLO.—The term ‘‘Pueblo’’ means the Pueblo of Zia.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) STATE.—The term ‘‘State’’ means the State of New
Mexico.
SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.
(a) IN GENERAL.—In furtherance of the purposes of the Wilder-
ness Act (16 U.S.C. 1131 et seq.), there is hereby designated as
wilderness, and, therefore, as a component of the National Wilder-
ness Preservation System, certain land in the Albuquerque District-
Bureau of Land Management, New Mexico, which comprises
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 area designated by this Act 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 prac-
ticable after the date of 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 typo-
graphical 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 area designated by this Act 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 wilder-
ness area designated by this Act, 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.
16 USC 1132
note.
Ojito Wilderness
Act.
Native
Americans.
New Mexico.
Oct. 26, 2005
[S. 156]
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119 STAT. 2107
PUBLIC LAW 109–94—OCT. 26, 2005
(d) MANAGEMENT OF NEWLY ACQUIRED LAND.—If acquired by
the United States, the following land shall become part of the
wilderness area designated by this Act and shall be managed in
accordance with this Act and other applicable law:
(1) Section 12 of township 15 north, range 01 west, New
Mexico Principal Meridian.
(2) Any land within the boundaries of the wilderness area
designated by this Act.
(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 area designated by this Act if the United States
acquires, or alternative adequate access is available to, section
12 of township 15 north, range 01 west, New Mexico Principal
Meridian.
(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 require-
ment of section 603(c) of such Act (43 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 area des-
ignated by this Act, where established before the date of 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 Com-
mittee 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 RIGHTS.—
(1) FINDINGS.—Congress finds that—
(A) the land designated as wilderness by this Act is
arid in nature and is generally not suitable for use or
development of new water resource facilities; and
(B) because of the unique nature and hydrology of
the desert land designated as wilderness by this Act, it
is possible to provide for proper management and protection
of the wilderness and other values of lands in ways dif-
ferent from those used in other legislation.
(2) STATUTORY CONSTRUCTION.—Nothing in this Act—
(A) shall constitute or be construed to constitute either
an express or implied reservation by the United States
of any water or water rights with respect to the land
designated as wilderness 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
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119 STAT. 2108
PUBLIC LAW 109–94—OCT. 26, 2005
(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 follow 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 designated by this Act.
(4) NEW PROJECTS.—
(A) WATER RESOURCE FACILITY.—As used in this sub-
section, the term ‘‘water resource facility’’—
(i) means irrigation and pumping facilities, res-
ervoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other
water diversion, storage, and carriage structures; and
(ii) does not include wildlife guzzlers.
(B) RESTRICTION
ON
NEW
WATER
RESOURCE
FACILI-
TIES.—Except as otherwise provided in this Act, on and
after the date of enactment of this Act, neither the Presi-
dent nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license 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 wilder-
ness 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 Pueblo of Zia’’ 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 enact-
ment of this Act, the Secretary shall seek to complete an exchange
for State land within the boundaries of the wilderness area des-
ignated by this Act.
SEC. 4. LAND HELD IN TRUST.
(a) IN GENERAL.—Subject to valid existing rights and the condi-
tions 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 author-
ized 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.—
Deadline.
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119 STAT. 2109
PUBLIC LAW 109–94—OCT. 26, 2005
(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 appropria-
tion 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 manage-
ment 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 (e)—
(A) the land conveyed under subsection (a) shall be
maintained as open space and the natural 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 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 reason-
able request for rights-of-way for utilities and pipelines
over the land acquired under subsection (a) that is des-
ignated 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 acquired under 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
Procedures.
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119 STAT. 2110
PUBLIC LAW 109–94—OCT. 26, 2005
LEGISLATIVE HISTORY—S. 156 (H.R. 362):
HOUSE REPORTS: No. 109–149 accompanying H.R. 362 (Comm. on Resources).
SENATE REPORTS: No. 109–13 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 26, considered and passed Senate.
Oct. 18, considered and passed House.
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 sov-
ereign 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.
Approved October 26, 2005.
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