---
kind: "section"
citation: "16 U.S.C. § 539m–1"
title: "16"
title_heading: "Conservation"
number: "539m–1"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/539m-1"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter I — Establishment and Administration"
---

# §539m–1. Definitions


In sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title:

- (1) **Area—**
  - (A) **In general—** The term “Area” means the T’uf Shur Bien Preservation [Trust](/usc/16/450ss–1.md?p=4) Area, comprised of approximately 9890 acres of land in the Cibola National Forest, as depicted on the [map](/usc/16/430f–7.md?p=1).
  - (B) **Exclusions—** The term “[Area](#1-A)” does not include—
    - (i) the [subdivisions](#15);
    - (ii) [Pueblo](#10)-owned land;
    - (iii) the [crest facilities](#2); or
    - (iv) the [special use permit area](#14-A).
- (2) **Crest facilities—** The term “crest facilities” means—
  - (A) all facilities and developments located on the crest of Sandia Mountain, including the Sandia Crest Electronic Site;
  - (B) electronic site access roads;
  - (C) the Crest House;
  - (D) the upper terminal, restaurant, and related facilities of Sandia Peak Tram Company;
  - (E) the Crest Observation [Area](#1-A);
  - (F) parking lots;
  - (G) restrooms;
  - (H) the Crest Trail (Trail No. 130);
  - (I) hang glider launch sites;
  - (J) the Kiwanis cabin; and
  - (K) the land on which the facilities described in subparagraphs [(A)](#2-A) through [(J)](#2-J) are located and the land extending 100 feet along terrain to the west of each such facility, unless a different distance is agreed to in writing by the [Secretary](/usc/16/410r–5.md?p=c-1) and the [Pueblo](#10) and documented in the survey of the [Area](#1-A).
- (3) **Existing use—** The term “existing use” means a use that—
  - (A) is occurring in the [Area](#1-A) as of February 20, 2003; or
  - (B) is authorized in the [Area](#1-A) after November 1, 1995, but before February 20, 2003.
- (4) **La Luz tract—** The term “La Luz tract” means the tract comprised of approximately 31 acres of land owned in fee by the [Pueblo](#10) and depicted on the [map](/usc/16/430f–7.md?p=1).
- (5) **Local public body—** The term “local public body” means a political [subdivision](#15) of the [State](/usc/16/590q.md?p=a) of New Mexico (as defined in New Mexico Code 6–5–1).
- (6) **Map—** The term “[map](/usc/16/430f–7.md?p=1)” means the Forest Service [map](/usc/16/430f–7.md?p=1) entitled “T’uf Shur Bien Preservation [Trust](/usc/16/450ss–1.md?p=4) [Area](#1-A)” and dated April 2000.
- (7) **Modified use—**
  - (A) **In general—** The term “modified use” means an [existing use](#3) that, at any time after February 20, 2003, is modified or reconfigured but not significantly expanded.
  - (B) **Inclusions—** The term “[modified use](#7-A)” includes—
    - (i) a trail or trailhead being modified, such as to accommodate handicapped access;
    - (ii) a parking [area](#1-A) being reconfigured (but not expanded); and
    - (iii) a special use authorization for a group recreation use being authorized for a different use [area](#1-A) or time period.
- (8) **New use—**
  - (A) **In general—** The term “new use” means—
    - (i) a use that is not occurring in the [Area](#1-A) as of February 20, 2003; and
    - (ii) an [existing use](#3) that is being modified so as to be significantly expanded or altered in scope, dimension, or impact on the land, water, air, or wildlife resources of the [Area](#1-A).
  - (B) **Exclusions—** The term “[new use](#8-A)” 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](/usc/42/4321.md) et seq.); or
    - (ii) is carried out to comply with the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) 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](#10) and depicted on the [map](/usc/16/430f–7.md?p=1).
- (10) **Pueblo—** The term “Pueblo” means the Pueblo of Sandia in its governmental capacity.
- (11) **Secretary—** The term “[Secretary](/usc/16/410r–5.md?p=c-1)” means the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, acting through the Chief of the Forest Service.
- (12) **Settlement Agreement—** The term “Settlement Agreement” means the Agreement of Compromise and Settlement dated April 4, 2000, among the United States, the [Pueblo](#10), 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](/usc/16/410r–5.md?p=c-1) 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](#13).
  - (B) **Inclusions—** The term “[special use permit area](#14-A)” includes—
    - (i) approximately 46 acres of land used as an aerial tramway corridor;
    - (ii) approximately 945 acres of land used as a ski [area](#1-A); and
    - (iii) the land and facilities described in Exhibit A to the [special use permit](#13), including—
      - (I) the maintenance road to the lower tram tower;
      - (II) water storage and water distribution facilities; and
      - (III) 7 helispots.
- (15) **Subdivision—** The term “subdivision” means—
  - (A) the [subdivision](#15) of—
    - (i) Sandia Heights [Addition](/usc/16/410r–5.md?p=c-2);
    - (ii) Sandia Heights North [Unit](/usc/16/430f–7.md?p=4) I, II, or 3;
    - (iii) Tierra Monte;
    - (iv) Valley View Acres; or
    - (v) Evergreen Hills; and
  - (B) any additional plat or privately-owned property depicted on the [map](/usc/16/430f–7.md?p=1).
- (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](#1-A)); and
  - (B) the use, hunting, trapping, or gathering of plants, animals, wood, water, and other natural resources for a noncommercial purpose.

## Source credit

(Pub. L. 108–7, div. F, title IV, § 403, Feb. 20, 2003, 117 Stat. 280.)

## Notes

### Editorial Notes

### References in Text

Sections 539m to 539m–12 of this title, referred to in text, was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.

The National Environmental Policy Act of 1969, referred to in par. (8)(B)(i), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Endangered Species Act of 1973, referred to in par. (8)(B)(ii), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.