---
kind: "section"
citation: "16 U.S.C. § 539m–11"
title: "16"
title_heading: "Conservation"
number: "539m–11"
heading: "Provisions relating to contributions and land exchange"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/539m-11"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter I — Establishment and Administration"
---

# §539m–11. Provisions relating to contributions and land exchange

- (a) **Contributions—**
  - (1) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) may accept contributions from the [Pueblo](/usc/16/539m–1.md?p=10), or from other [persons](/usc/16/450rr–1.md?p=b) or governmental entities—
    - (A) to perform and complete a survey of the [Area](/usc/16/539m–1.md?p=1-A); or
    - (B) to carry out any other [project](/usc/16/410r–5.md?p=c-4) or activity for the benefit of the [Area](/usc/16/539m–1.md?p=1-A) in accordance with sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title.
  - (2) **Deadline—** Not later than 1 year after February 20, 2003, the [Secretary](/usc/16/410r–5.md?p=c-1) shall complete the survey of the [Area](/usc/16/539m–1.md?p=1-A) under [paragraph (1)(A)](#a-1-A).
- (b) **Land exchange—**
  - (1) **In general—** Not later than 180 days after February 20, 2003, after consultation with the [Pueblo](/usc/16/539m–1.md?p=10), the [Secretary](/usc/16/410r–5.md?p=c-1) shall, in accordance with applicable laws, prepare and offer a land exchange of National Forest land outside the [Area](/usc/16/539m–1.md?p=1-A) and contiguous to the northern boundary of the [Pueblo](/usc/16/539m–1.md?p=10)’s Reservation within sections [3](/usc/16/3.md), 10, [11](/usc/16/11.md), and [14](/usc/16/14.md) of T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding [wilderness](/usc/16/3102.md?p=13) land, for land owned by the [Pueblo](/usc/16/539m–1.md?p=10) in the Evergreen Hills [subdivision](/usc/16/539m–1.md?p=15) in Sandoval County contiguous to National Forest land, and the [La Luz tract](/usc/16/539m–1.md?p=4) in Bernalillo County.
  - (2) **Acceptance of payment—** Notwithstanding [section 1716(b) of title 43](/usc/43/1716.md?p=b), the [Secretary](/usc/16/410r–5.md?p=c-1) may either make or accept a cash equalization payment in excess of 25 percent of the total value of the land or interests transferred out of Federal ownership.
  - (3) **Funds received—** Any funds received by the [Secretary](/usc/16/410r–5.md?p=c-1) as a result of the exchange shall be deposited in the fund established under [section 484a of this title](/usc/16/484a.md), and shall be available to purchase non-[Federal land](/usc/16/3102.md?p=2) within or adjacent to the National Forests in the [State](/usc/16/590q.md?p=a) of New Mexico.
  - (4) **Treatment of land exchanged or conveyed—** All land exchanged or conveyed to the [Pueblo](/usc/16/539m–1.md?p=10) is declared to be held in [trust](/usc/16/450ss–1.md?p=4) for the [Pueblo](/usc/16/539m–1.md?p=10) by the United States and added to the [Pueblo](/usc/16/539m–1.md?p=10)’s Reservation subject to all existing and outstanding rights and shall, as a condition of the title to be conveyed, remain in its natural [state](/usc/16/590q.md?p=a) and shall not be subject to commercial development of any kind. Land exchanged or conveyed to the Forest Service shall be subject to all limitations on use pertaining to the [Area](/usc/16/539m–1.md?p=1-A) under sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title.
  - (5) **Failure to make offer—** If the land exchange offer is not made by the date that is 180 days after February 20, 2003, the [Secretary](/usc/16/410r–5.md?p=c-1) shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives, a report explaining the reasons for the failure to make the offer including an assessment of the need for any additional legislation that may be necessary for the exchange. If additional legislation is not necessary, the [Secretary](/usc/16/410r–5.md?p=c-1), consistent with this section, should proceed with the exchange pursuant to existing law.
  - (6) **Failure to exchange—**
    - (A) **In general—** If the land exchange authorized under [paragraph (1)](#b-1) is not completed by the date that is 30 days after June 9, 2014, the [Secretary](/usc/16/410r–5.md?p=c-1), on request of the [Pueblo](/usc/16/539m–1.md?p=10) and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, shall transfer the National Forest land generally depicted as “Land to be Held in [Trust](/usc/16/450ss–1.md?p=4)” on the [map](/usc/16/430f–7.md?p=1) entitled “Sandia [Pueblo](/usc/16/539m–1.md?p=10) Settlement Technical Amendment Act” and dated October 18, 2013, to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to be held in [trust](/usc/16/450ss–1.md?p=4) by the United States for the [Pueblo](/usc/16/539m–1.md?p=10)—
      - (i) subject to the restriction enforced by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior that the land remain undeveloped, with the natural characteristics of the land to be preserved in perpetuity; and
      - (ii) consistent with [subsection (c)](#c).
    - (B) **Other transfers—** After the transfer under [subparagraph (A)](#b-6-A) is complete, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, with the consent of the [Pueblo](/usc/16/539m–1.md?p=10), shall—
      - (i) transfer to the [Secretary](/usc/16/410r–5.md?p=c-1), consistent with [section 539m–9(c) of this title](/usc/16/539m–9.md?p=c)—
        - (I) the [La Luz tract](/usc/16/539m–1.md?p=4) generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Sandia [Pueblo](/usc/16/539m–1.md?p=10) Settlement Technical Amendment Act” and dated October 18, 2013; and
        - (II) the conservation easement for the [Piedra Lisa tract](/usc/16/539m–1.md?p=9) generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Sandia [Pueblo](/usc/16/539m–1.md?p=10) Settlement Technical Amendment Act” and dated October 18, 2013; and
      - (ii) grant to the [Secretary](/usc/16/410r–5.md?p=c-1) a right-of-way for the Piedra Lisa Trail within the [Piedra Lisa tract](/usc/16/539m–1.md?p=9) generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Sandia [Pueblo](/usc/16/539m–1.md?p=10) Settlement Technical Amendment Act” and dated October 18, 2013.
- (c) **Land acquisition and other compensation—**
  - (1) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) land owned by the [Pueblo](/usc/16/539m–1.md?p=10) within the Evergreen Hills [Subdivision](/usc/16/539m–1.md?p=15) in Sandoval County or any other privately held land inside of the exterior boundaries of the [Area](/usc/16/539m–1.md?p=1-A). The boundaries of the Cibola National Forest and the [Area](/usc/16/539m–1.md?p=1-A) shall be adjusted to encompass any land acquired pursuant to this section.
  - (2) **Piedra Lisa tract—** Subject to the availability of appropriations, the [Secretary](/usc/16/410r–5.md?p=c-1) shall compensate the [Pueblo](/usc/16/539m–1.md?p=10) for the fair market value of—
    - (A) the right-of-way established pursuant to [section 539m–7(h)(3)(C) of this title](/usc/16/539m–7.md?p=h-3-C); and
    - (B) the conservation easement established by the limitations on use of the [Piedra Lisa tract](/usc/16/539m–1.md?p=9) pursuant to [section 539m–7(b)(2) of this title](/usc/16/539m–7.md?p=b-2).
- (d) **Reimbursement of certain costs—**
  - (1) **In general—** The [Pueblo](/usc/16/539m–1.md?p=10), the County of Bernalillo, New Mexico, and any [person](/usc/16/450rr–1.md?p=b) that owns or has owned property inside of the exterior boundaries of the [Area](/usc/16/539m–1.md?p=1-A) as designated on the [map](/usc/16/430f–7.md?p=1), and who has incurred actual and direct costs as a result of participating in the case of [Pueblo](/usc/16/539m–1.md?p=10) of Sandia v. Babbitt, Civ. No. 94–2624 HHG (D.D.C.), or other proceedings directly related to resolving the issues litigated in that case, may apply for reimbursement in accordance with this section. Costs directly related to such participation which shall qualify for reimbursement shall be—
    - (A) dues or payments to a homeowner association for the purpose of legal representation; and
    - (B) legal fees and related expenses.
  - (2) **Treatment of reimbursement—** Any reimbursement provided in this subsection shall be in lieu of that which might otherwise be available pursuant to the Equal Access to Justice Act (24[^1] U.S.C. 2412).
  - (3) **Payments—** Subject to the availability of appropriated funds the [Secretary](/usc/16/410r–5.md?p=c-1) of the Treasury shall make reimbursement payments as provided in this section.
  - (4) **Applications—** Not later than 180 days after February 20, 2003, applications for reimbursement shall be filed with the Department of the Treasury, Financial Management Service, Washington, D.C.
  - (5) **Maximum reimbursement—** No party shall be reimbursed in excess of $750,000 under this section, and the total amount reimbursed in accordance with this section shall not exceed $3,000,000.

## Footnotes

[^1]: So in original. Probably should be “28”.

## Source credit

(Pub. L. 108–7, div. F, title IV, § 413, Feb. 20, 2003, 117 Stat. 292; Pub. L. 111–11, title III, § 3309, Mar. 30, 2009, 123 Stat. 1139; Pub. L. 113–119, § 2, June 9, 2014, 128 Stat. 1185.)

## Notes

### Editorial Notes

### References in Text

Sections 539m to 539m–12 of this title, referred to in subsecs. (a)(1)(B) and (b)(4), 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.

Section 1716(b) of title 43, referred to in subsec. (b)(2), was in the original “section 206(b) of the Federal Land Policy and Management Act” and was translated as reading “section 206(b) of the Federal Land Policy and Management Act of 1976” to reflect the probable intent of Congress.

The Equal Access to Justice Act, referred to in subsec. (d)(2), is title II of Pub. L. 96–481, Oct. 21, 1980, 94 Stat. 2325. For complete classification of this Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables.

### Amendments

2014—Subsec. (b)(4). Pub. L. 113–119, § 2(1), substituted “title to be conveyed” for “conveyance”.

Subsec. (b)(6). Pub. L. 113–119, § 2(2), added par. (6).

2009—Subsec. (b)(1). Pub. L. 111–11, § 3309(1), inserted “3,” after “sections”.

Subsec. (b)(4). Pub. L. 111–11, § 3309(2), inserted “, as a condition of the conveyance,” before “remain” in first sentence.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.