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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.
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.