---
kind: "section"
citation: "16 U.S.C. § 539m–2"
title: "16"
title_heading: "Conservation"
number: "539m–2"
heading: "T’uf Shur Bien Preservation Trust Area"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/539m-2"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter I — Establishment and Administration"
---

# §539m–2. T’uf Shur Bien Preservation Trust Area

- (a) **Establishment—** The T’uf Shur Bien Preservation [Trust](/usc/16/450ss–1.md?p=4) [Area](/usc/16/539m–1.md?p=1-A) is established within the Cibola National Forest and the Sandia Mountain [Wilderness](/usc/16/3102.md?p=13) as depicted on the [map](/usc/16/430f–7.md?p=1)—
  - (1) to recognize and protect in perpetuity the rights and interests of the [Pueblo](/usc/16/539m–1.md?p=10) in and to the [Area](/usc/16/539m–1.md?p=1-A), as specified in [section 539m–3(a) of this title](/usc/16/539m–3.md?p=a);
  - (2) to [preserve](/usc/16/698u–1.md?p=2) in perpetuity the national forest and [wilderness](/usc/16/3102.md?p=13) character of the [Area](/usc/16/539m–1.md?p=1-A); and
  - (3) to recognize and protect in perpetuity the longstanding use and enjoyment of the [Area](/usc/16/539m–1.md?p=1-A) by the public.
- (b) **Administration and applicable law—**
  - (1) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall continue to administer the [Area](/usc/16/539m–1.md?p=1-A) as part of the National Forest System subject to and consistent with the provisions of sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title affecting management of the [Area](/usc/16/539m–1.md?p=1-A).
  - (2) **Traditional or cultural uses—** [Traditional or cultural uses](/usc/16/539m–1.md?p=16) by [Pueblo](/usc/16/539m–1.md?p=10) members and members of other federally-recognized [Indian tribes](/usc/16/544.md?p=g) authorized to use the [Area](/usc/16/539m–1.md?p=1-A) by the [Pueblo](/usc/16/539m–1.md?p=10) under [section 539m–3(a)(4) of this title](/usc/16/539m–3.md?p=a-4) shall not be restricted except by—
    - (A) the Wilderness Act ([16 U.S.C. 1131](/usc/16/1131.md) et seq.) (including regulations promulgated under that Act) as in effect on February 20, 2003; and
    - (B) applicable Federal wildlife protection laws, as provided in [section 539m–4(a)(2) of this title](/usc/16/539m–4.md?p=a-2).
  - (3) **Later enactments—** To the extent that any law enacted or amended after February 20, 2003, is inconsistent with sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title, the law shall not apply to the [Area](/usc/16/539m–1.md?p=1-A) unless expressly made applicable by Congress.
  - (4) **Trust—** The use of the word “[Trust](/usc/16/450ss–1.md?p=4)” in the name of the [Area](/usc/16/539m–1.md?p=1-A)—
    - (A) is in recognition of the specific rights and interests of the [Pueblo](/usc/16/539m–1.md?p=10) in the [Area](/usc/16/539m–1.md?p=1-A); and
    - (B) does not confer on the [Pueblo](/usc/16/539m–1.md?p=10) the ownership interest that exists in a case in which the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior accepts the title to land held in [trust](/usc/16/450ss–1.md?p=4) for the benefit of an Indian tribe.
- (c) **Map—**
  - (1) **Filing—** As soon as practicable after February 20, 2003, the [Secretary](/usc/16/410r–5.md?p=c-1) shall file the [map](/usc/16/430f–7.md?p=1) and a legal description of the [Area](/usc/16/539m–1.md?p=1-A) with the Committee on Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate.
  - (2) **Public availability—** The [map](/usc/16/430f–7.md?p=1) and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Washington, District of Columbia.
  - (3) **Effect—** The [map](/usc/16/430f–7.md?p=1) and legal description filed under [paragraph (1)](#c-1) shall have the same effect as if the [map](/usc/16/430f–7.md?p=1) and legal description were included in sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) 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](/usc/16/539m–7.md) or subsection (b) or (c) of [section 539m–11 of this title](/usc/16/539m–11.md) shall be made; and
    - (C) to the extent that the [map](/usc/16/430f–7.md?p=1) and the language of sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title conflict, the language of sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title shall control.
- (d) **No conveyance of title—** No right, title, or interest of the United States in or to the [Area](/usc/16/539m–1.md?p=1-A) or any part of the [Area](/usc/16/539m–1.md?p=1-A) shall be conveyed to or exchanged with any [person](/usc/16/450rr–1.md?p=b), [trust](/usc/16/450ss–1.md?p=4), or governmental entity, including the [Pueblo](/usc/16/539m–1.md?p=10), without specific authorization of Congress.
- (e) **Prohibited uses—**
  - (1) **In general—** Notwithstanding any other provision of law—
    - (A) no use prohibited by the Wilderness Act ([16 U.S.C. 1131](/usc/16/1131.md) et seq.) as of February 20, 2003, shall be permitted in the [wilderness](/usc/16/3102.md?p=13) portion of the [Area](/usc/16/539m–1.md?p=1-A); and
    - (B) none of the following uses shall be permitted in any portion of the [Area](/usc/16/539m–1.md?p=1-A):
      - (i) Gaming or gambling.
      - (ii) Mineral production.
      - (iii) Timber production.
      - (iv) Any [new use](/usc/16/539m–1.md?p=8-A) to which the [Pueblo](/usc/16/539m–1.md?p=10) objects under [section 539m–3(a)(3) of this title](/usc/16/539m–3.md?p=a-3).
  - (2) **Mining claims—** The [Area](/usc/16/539m–1.md?p=1-A) is closed to the location of mining claims under section 2320 of the Revised Statutes ([30 U.S.C. 23](/usc/30/23.md)) (commonly known as the “Mining Law of 1872”).
- (f) **No modification of boundaries—** Establishment of the [Area](/usc/16/539m–1.md?p=1-A) shall not—
  - (1) affect the boundaries of or repeal or disestablish the Sandia Mountain [Wilderness](/usc/16/3102.md?p=13) or the Cibola National Forest; or
  - (2) modify the existing boundary of the [Pueblo](/usc/16/539m–1.md?p=10) grant.

## Source credit

(Pub. L. 108–7, div. F, title IV, § 404, Feb. 20, 2003, 117 Stat. 282.)

## Notes

### Editorial Notes

### References in Text

Sections 539m to 539m–12 of this title, referred to in subsecs. (b)(1), (3) and (c)(3), 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 Wilderness Act, referred to in subsecs. (b)(2)(A) and (e)(1)(A), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.

The Mining Law of 1872, referred to in subsec. (e)(2), is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For complete classification of such Revised Statutes sections to the Code, see Tables.

### 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.