§539m–12. Authorization of appropriations — Inbound Citations

Citations to 16 U.S.C. § 539m–12 as a whole

• 16 U.S.C. § 539m(b)

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  (b) The purposes of sections 539m to 539m–12 of this title are—

  (1) to establish the T’uf Shur Bien Preservation Trust Area in the Cibola National Forest;

  (2) to confirm the status of national forest land and wilderness land in the Area while resolving issues associated with the civil action referred to in subsection (a)(2) and the opinions of the Solicitor of the Department of the Interior dated December 9, 1988 (M–36963; 96 I.D. 331) and January 19, 2001 (M–37002); and

  (3) to provide the Pueblo, the parties to the civil action, and the public with a fair and just settlement of the Pueblo’s claim.

• 16 U.S.C. § 539m–1

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  In sections 539m to 539m–12 of this title:

• 16 U.S.C. § 539m–10(a)

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  (a) A civil action to enforce the provisions of sections 539m to 539m–12 of this title may be brought to the extent permitted under chapter 7 of title 5. Judicial review shall be based on the administrative record and subject to the applicable standard of review set forth in section 706 of title 5.

• 16 U.S.C. § 539m–10(b)

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  (b) A civil action may be brought against the Pueblo for declaratory judgment or injunctive relief under sections 539m to 539m–12 of this title, but no money damages, including costs or attorney’s fees, may be imposed on the Pueblo as a result of such judicial action.

• 16 U.S.C. § 539m–10(c)

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  (c) Venue for any civil action provided for in this section, as well as any civil action to contest the constitutionality of sections 539m to 539m–12 of this title, shall lie only in the United States District Court for the District of New Mexico.

• 16 U.S.C. § 539m–11(a)(1)(B)

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  (B) to carry out any other project or activity for the benefit of the Area in accordance with sections 539m to 539m–12 of this title.

• 16 U.S.C. § 539m–11(b)(4)

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  (4) All land exchanged or conveyed to the Pueblo is declared to be held in trust for the Pueblo by the United States and added to the Pueblo’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 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 under sections 539m to 539m–12 of this title.

• 16 U.S.C. § 539m–2(b)(1)

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  (1) The Secretary shall continue to administer the Area as part of the National Forest System subject to and consistent with the provisions of sections 539m to 539m–12 of this title affecting management of the Area.

• 16 U.S.C. § 539m–2(b)(3)

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  (3) To the extent that any law enacted or amended after February 20, 2003, is inconsistent with sections 539m to 539m–12 of this title, the law shall not apply to the Area unless expressly made applicable by Congress.

• 16 U.S.C. § 539m–2(c)(3)

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  (3) The map and legal description filed under paragraph (1) shall have the same effect as if the map and legal description were included in sections 539m to 539m–12 of this title, except that—

  (A) technical and typographical errors shall be corrected;

  (B) changes that may be necessary under subsection (b), (d), or (e) of section 539m–7 of this title or subsection (b) or (c) of section 539m–11 of this title shall be made; and

  (C) to the extent that the map and the language of sections 539m to 539m–12 of this title conflict, the language of sections 539m to 539m–12 of this title shall control.

• 16 U.S.C. § 539m–2(c)(3)(C)

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  (C) to the extent that the map and the language of sections 539m to 539m–12 of this title conflict, the language of sections 539m to 539m–12 of this title shall control.

• 16 U.S.C. § 539m–3(a)(2)

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  (2) Perpetual preservation of the national forest and wilderness character of the Area under sections 539m to 539m–12 of this title.

• 16 U.S.C. § 539m–4(a)

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  (a) The rights and interests of the Pueblo recognized in sections 539m to 539m–12 of this title do not include—

  (1) any right to sell, grant, lease, convey, encumber, or exchange land or any interest in land in the Area (and any such conveyance shall not have validity in law or equity);

  (2) any exemption from applicable Federal wildlife protection laws;

  (3) any right to engage in a use prohibited by section 539m–2(e) of this title; or

  (4) any right to exclude persons or governmental entities from the Area.

• 16 U.S.C. § 539m–6(b)(2)(B)(i)

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  (i) regulate traditional or cultural uses by the members of the Pueblo and administer access to the Area by other federally-recognized Indian tribes for traditional or cultural uses, to the extent such regulation is consistent with sections 539m to 539m–12 of this title; and

• 16 U.S.C. § 539m–7(a)(3)

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  (3) Trust land described in paragraph (2)(B) shall be subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.

• 16 U.S.C. § 539m–7(b)(2)(C)

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  (C) shall be administered by the Secretary of the Interior subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.

• 16 U.S.C. § 539m–7(d)(3)

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  (3) In the event the special use permit, during its existing term or any future terms or extensions, requires amendment to include other land in the Area necessary to realign the existing or any future replacement tram line, associated structures, or facilities, the land subject to that amendment shall thereafter be excluded from the Area and shall have the same status under sections 539m to 539m–12 of this title as the land currently described in the special use permit.

• 16 U.S.C. § 539m–7(e)(1)

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  (1) The La Luz tract now owned in fee by the Pueblo is excluded from the Area and, on application by the Pueblo, shall be transferred to the United States and held in trust for the Pueblo by the United States and administered by the Secretary of the Interior subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.

• 16 U.S.C. § 539m–7(h)(1)(B)(iii)

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  (iii) Except as provided in the Settlement Agreement, existing rights-of-way or leasehold interests and obligations held by the Sandia Peak Tram Company and its affiliates, shall be preserved, protected, and unaffected by sections 539m to 539m–12 of this title.

• 16 U.S.C. § 539m–8(e)

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  (e) The recognition of the Pueblo’s rights and interests in sections 539m to 539m–12 of this title constitutes adequate consideration for the Pueblo’s agreement to the extinguishment of the Pueblo’s claims in this section and the right-of-way grants contained in section 539m–7 of this title, and it is the intent of Congress that those rights and interests may only be diminished by a future Act of Congress specifically authorizing diminishment of such rights, with express reference to sections 539m to 539m–12 of this title.

• 16 U.S.C. § 539m–9(a)

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  (a) Sections 539m to 539m–12 of this title recognize only enumerated rights and interests, and no additional rights, interests, obligations, or duties shall be created by implication.

• 16 U.S.C. § 539m–9(b)

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  (b) To the extent there exist within the Area as of February 20, 2003, any valid private property rights associated with private land that are not otherwise addressed in sections 539m to 539m–12 of this title, such rights are not modified or otherwise affected by sections 539m to 539m–12 of this title, nor is the exercise of any such right subject to the Pueblo’s right to withhold consent to new uses in the Area as set forth in section 539m–3(a)(3)(A) of this title.

• 16 U.S.C. § 539m–9(c)

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  (c) The provisions of sections 539m to 539m–12 of this title creating certain rights and interests in the National Forest System are uniquely suited to resolve the Pueblo’s claim and the geographic and societal situation involved, and shall not be construed as precedent for any other situation involving management of the National Forest System.

• 16 U.S.C. § 539m–9(d)

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  (d) Except as provided in section 539m–6(b)(2)(B) of this title, nothing in sections 539m to 539m–12 of this title shall be construed as affecting the responsibilities of the State of New Mexico with respect to fish and wildlife, including the regulation of hunting, fishing, or trapping within the Area.