16 U.S.C. §§ 539m–539m–12

13 sections in range

§539m. Findings and purposes

16 U.S.C. § 539m

(a)

Findings— Congress finds that—

(1)

in 1748, the Pueblo of Sandia received a grant from a representative of the King of Spain, which grant was recognized and confirmed by Congress in 1858 (11 Stat. 374); and

(2)

in 1994, the Pueblo filed a civil action against the Secretary of the Interior and the Secretary of Agriculture in the United States District Court for the District of Columbia (Civil No. 1:94CV02624), asserting that Federal surveys of the grant boundaries erroneously excluded certain land within the Cibola National Forest, including a portion of the Sandia Mountain Wilderness.

(b)

Purposes— 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.

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 402, Feb. 20, 2003, 117 Stat. 279.)

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsec. (b), 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 below and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 108–7, div. F, title IV, § 415, Feb. 20, 2003, 117 Stat. 294, provided that: “The provisions of this title [see Short Title note below] shall take effect immediately on enactment of this Act [Feb. 20, 2003].”

Short Title of 2014 Amendment

Pub. L. 113–119, § 1, June 9, 2014, 128 Stat. 1185, provided that: “This Act [amending section 539m–11 of this title] may be cited as the ‘Sandia Pueblo Settlement Technical Amendment Act’.”

Short Title

Pub. L. 108–7, div. F, title IV, § 401, Feb. 20, 2003, 117 Stat. 279, provided that: “This title [enacting this section and sections 539m–1 to 539m–12 of this title, amending section 1746 of Title 43, Public Lands, and enacting provisions set out as a note above] may be cited as the ‘T’uf Shur Bien Preservation Trust Area Act’.”

§539m–1. Definitions

16 U.S.C. § 539m–1

(1)

Area—

(A)

In general— The term “Area” means the T’uf Shur Bien Preservation Trust Area, comprised of approximately 9890 acres of land in the Cibola National Forest, as depicted on the map.

(B)

Exclusions— The term “Area” does not include—

(i)

the subdivisions;

(ii)

Pueblo-owned land;

(iii)

the crest facilities; or

(iv)

the special use permit area.

(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;

(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) through (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 and the Pueblo and documented in the survey of the Area.

(3)

Existing use— The term “existing use” means a use that—

(A)

is occurring in the Area as of February 20, 2003; or

(B)

is authorized in the Area 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 and depicted on the map.

(5)

Local public body— The term “local public body” means a political subdivision of the State of New Mexico (as defined in New Mexico Code 6–5–1).

(6)

Map— The term “map” means the Forest Service map entitled “T’uf Shur Bien Preservation Trust Area” and dated April 2000.

(7)

Modified use—

(A)

In general— The term “modified use” means an existing use that, at any time after February 20, 2003, is modified or reconfigured but not significantly expanded.

(B)

Inclusions— The term “modified use” includes—

(i)

a trail or trailhead being modified, such as to accommodate handicapped access;

(ii)

a parking area being reconfigured (but not expanded); and

(iii)

a special use authorization for a group recreation use being authorized for a different use area or time period.

(8)

New use—

(A)

In general— The term “new use” means—

(i)

a use that is not occurring in the Area as of February 20, 2003; and

(ii)

an existing use 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.

(B)

Exclusions— The term “new use” 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 et seq.); or

(ii)

is carried out to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 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 and depicted on the map.

(10)

Pueblo— The term “Pueblo” means the Pueblo of Sandia in its governmental capacity.

(11)

Secretary— The term “Secretary” means the Secretary 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, 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 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.

(B)

Inclusions— The term “special use permit area” includes—

(i)

approximately 46 acres of land used as an aerial tramway corridor;

(ii)

approximately 945 acres of land used as a ski area; and

(iii)

the land and facilities described in Exhibit A to the special use permit, 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 of—

(i)

Sandia Heights Addition;

(ii)

Sandia Heights North Unit 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.

(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); and

(B)

the use, hunting, trapping, or gathering of plants, animals, wood, water, and other natural resources for a noncommercial purpose.

Notes, amendments, and revision history

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

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.

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

16 U.S.C. § 539m–2

(a)

Establishment— The T’uf Shur Bien Preservation Trust Area is established within the Cibola National Forest and the Sandia Mountain Wilderness as depicted on the map—

(1)

to recognize and protect in perpetuity the rights and interests of the Pueblo in and to the Area, as specified in section 539m–3(a) of this title;

(2)

to preserve in perpetuity the national forest and wilderness character of the Area; and

(3)

to recognize and protect in perpetuity the longstanding use and enjoyment of the Area by the public.

(b)

Administration and applicable law—

(1)

In general— 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.

(2)

Traditional or cultural uses— Traditional or cultural uses by Pueblo members and members of other federally-recognized Indian tribes authorized to use the Area by the Pueblo under section 539m–3(a)(4) of this title shall not be restricted except by—

(A)

the Wilderness Act (16 U.S.C. 1131 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.

(3)

Later enactments— 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.

(4)

Trust— The use of the word “Trust” in the name of the Area—

(A)

is in recognition of the specific rights and interests of the Pueblo in the Area; and

(B)

does not confer on the Pueblo the ownership interest that exists in a case in which the Secretary of the Interior accepts the title to land held in trust for the benefit of an Indian tribe.

(c)

Map—

(1)

Filing— As soon as practicable after February 20, 2003, the Secretary shall file the map and a legal description of the Area 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 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 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.

(d)

No conveyance of title— No right, title, or interest of the United States in or to the Area or any part of the Area shall be conveyed to or exchanged with any person, trust, or governmental entity, including the Pueblo, 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 et seq.) as of February 20, 2003, shall be permitted in the wilderness portion of the Area; and

(B)

none of the following uses shall be permitted in any portion of the Area:

(i)

Gaming or gambling.

(ii)

Mineral production.

(iii)

Timber production.

(iv)

Any new use to which the Pueblo objects under section 539m–3(a)(3) of this title.

(2)

Mining claims— The Area is closed to the location of mining claims under section 2320 of the Revised Statutes (30 U.S.C. 23) (commonly known as the “Mining Law of 1872”).

(f)

No modification of boundaries— Establishment of the Area shall not—

(1)

affect the boundaries of or repeal or disestablish the Sandia Mountain Wilderness or the Cibola National Forest; or

(2)

modify the existing boundary of the Pueblo grant.

Notes, amendments, and revision history

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

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.

§539m–3. Pueblo rights and interests in the Area

16 U.S.C. § 539m–3

(a)

In general— The Pueblo shall have the following rights and interests in the Area:

(1)

Free and unrestricted access to the Area for traditional or cultural uses, to the extent that those uses are not inconsistent with—

(A)

the Wilderness Act (16 U.S.C. 1131 et seq.) (including regulations promulgated under that Act) as in effect on February 20, 2003; or

(B)

applicable Federal wildlife protection laws as provided in section 539m–4(a)(2) of this title.

(2)

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

(3)

Rights in the management of the Area as specified in section 539m–5 of this title, including—

(A)

the right to consent or withhold consent to a new use;

(B)

the right to consultation regarding a modified use;

(C)

the right to consultation regarding the management and preservation of the Area; and

(D)

the right to dispute resolution procedures.

(4)

Exclusive authority, in accordance with the customs and laws of the Pueblo, to administer access to the Area for traditional or cultural uses by members of the Pueblo and of other federally-recognized Indian tribes.

(5)

Such other rights and interests as are recognized in subsection (c) and sections 539m–2, 539m–5, 539m–6, and 539m–7 of this title.

(b)

Access— Except as provided in subsection (a)(4), access to and use of the Area for all other purposes shall continue to be administered by the Secretary.

(c)

Compensable interest—

(1)

In general— If, by an Act of Congress enacted after February 20, 2003, Congress diminishes the national forest or wilderness designation of the Area by authorizing a use prohibited by section 539m–2(e) of this title in all or any portion of the Area, or denies the Pueblo access for any traditional or cultural use in all or any portion of the Area—

(A)

the United States shall compensate the Pueblo as if the Pueblo held a fee title interest in the affected portion of the Area and as though the United States had acquired such an interest by legislative exercise of the power of eminent domain; and

(B)

the restrictions of sections 539m–2(e) and 539m–4(a) of this title shall be disregarded in determining just compensation owed to the Pueblo.

(2)

Effect— Any compensation made to the Pueblo under paragraph (c)¹ shall not affect the extinguishment of claims under section 539m–8 of this title.

Footnotes

1 So in original. Probably should be paragraph “(1)”.

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 405, Feb. 20, 2003, 117 Stat. 283.)

Editorial Notes

References in Text

The Wilderness Act, referred to in subsec. (a)(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.

Sections 539m to 539m–12 of this title, referred to in subsec. (a)(2), 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.

§539m–4. Limitations on Pueblo rights and interests in the Area

16 U.S.C. § 539m–4

(a)

Limitations— 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.

(b)

Exception— No person who exercises traditional or cultural use rights as authorized by section 539m–3(a)(4) of this title may be prosecuted for a Federal wildlife offense requiring proof of a violation of a State law (including regulations).

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 406, Feb. 20, 2003, 117 Stat. 284.)

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsec. (a), 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.

§539m–5. Management of the Area

16 U.S.C. § 539m–5

(a)

Process—

(1)

In general— The Secretary shall consult with the Pueblo not less than twice each year, unless otherwise mutually agreed, concerning protection, preservation, and management of the Area (including proposed new uses and modified uses in the Area and authorizations that are anticipated during the next 6 months and were approved in the preceding 6 months).

(2)

New uses—

(A)

Request for consent after consultation—

(i)

Denial of consent— If the Pueblo denies consent for a new use within 30 days after completion of the consultation process, the Secretary shall not proceed with the new use.

(ii)

Granting of consent— If the Pueblo consents to the new use in writing or fails to respond within 30 days after completion of the consultation process, the Secretary may proceed with the notice and comment process and the environmental analysis.

(B)

Final request for consent—

(i)

Request— Before the Secretary (or a designee) signs a record of decision or decision notice for a proposed new use, the Secretary shall again request the consent of the Pueblo.

(ii)

Denial of consent— If the Pueblo denies consent for a new use within 30 days after receipt by the Pueblo of the proposed record of decision or decision notice, the new use shall not be authorized.

(iii)

Failure to respond— If the Pueblo fails to respond to the consent request within 30 days after receipt of the proposed record of decision or decision notice—

(I)

the Pueblo shall be deemed to have consented to the proposed record of decision or decision notice; and

(II)

the Secretary may proceed to issue the final record of decision or decision notice.

(3)

Public involvement—

(A)

In general— With respect to a proposed new use or modified use, the public shall be provided notice of—

(i)

the purpose and need for the proposed new use or modified use;

(ii)

the role of the Pueblo in the decisionmaking process; and

(iii)

the position of the Pueblo on the proposal.

(B)

Court challenge— Any person may bring a civil action in the United States District Court for the District of New Mexico to challenge a determination by the Secretary concerning whether a use constitutes a new use or a modified use.

(b)

Emergencies and emergency closure orders—

(1)

Authority— The Secretary shall retain the authority of the Secretary to manage emergency situations, to—

(A)

provide for public safety; and

(B)

issue emergency closure orders in the Area subject to applicable law.

(2)

Notice— The Secretary shall notify the Pueblo regarding emergencies, public safety issues, and emergency closure orders as soon as practicable.

(3)

No consent— An action of the Secretary described in paragraph (1) shall not require the consent of the Pueblo.

(c)

Disputes involving Forest Service management and Pueblo traditional uses—

(1)

In general— In a case in which the management of the Area by the Secretary conflicts with a traditional or cultural use, if the conflict does not pertain to a new use subject to the process specified in subsection (a)(2), the process for dispute resolution specified in this subsection shall apply.

(2)

Dispute resolution process—

(A)

In general— In the case of a conflict described in paragraph (1)—

(i)

the party identifying the conflict shall notify the other party in writing addressed to the Governor of the Pueblo or the Regional Forester, as appropriate, specifying the nature of the dispute; and

(ii)

the Governor of the Pueblo or the Regional Forester shall attempt to resolve the dispute for a period of at least 30 days after notice has been provided before bringing a civil action in the United States District Court for the District of New Mexico.

(B)

Disputes requiring immediate resolution— In the case of a conflict that requires immediate resolution to avoid imminent, substantial, and irreparable harm—

(i)

the party identifying the conflict shall notify the other party and seek to resolve the dispute within 3 days of the date of notification; and

(ii)

if the parties are unable to resolve the dispute within 3 days—

(I)

either party may bring a civil action for immediate relief in the United States District Court for the District of New Mexico; and

(II)

the procedural requirements specified in subparagraph (A) shall not apply.

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 407, Feb. 20, 2003, 117 Stat. 284.)

§539m–6. Jurisdiction over the Area

16 U.S.C. § 539m–6

(a)

Criminal jurisdiction—

(1)

In general— Notwithstanding any other provision of law, jurisdiction over crimes committed in the Area shall be allocated as provided in this paragraph.¹

(2)

Jurisdiction of the Pueblo— The Pueblo shall have jurisdiction over an offense committed by a member of the Pueblo or of another federally-recognized Indian tribe who is present in the Area with the permission of the Pueblo under section 539m–3(a)(4) of this title.

(3)

Jurisdiction of the United States— The United States shall have jurisdiction over—

(A)

an offense described in section 1153 of title 18 committed by a member of the Pueblo or another federally-recognized Indian tribe;

(B)

an offense committed by any person in violation of the laws (including regulations) pertaining to the protection and management of national forests;

(C)

enforcement of Federal criminal laws of general applicability; and

(D)

any other offense committed by a member of the Pueblo against a person not a member of the Pueblo.

(4)

Jurisdiction of the State of New Mexico— The State of New Mexico shall have jurisdiction over an offense under the law of the State committed by a person not a member of the Pueblo.

(5)

Overlapping jurisdiction— To the extent that the respective allocations of jurisdiction over the Area under paragraphs (2), (3), and (4) overlap, the governments shall have concurrent jurisdiction.

(6)

Federal use of State law— Under the jurisdiction of the United States described in paragraph (3)(D), Federal law shall incorporate any offense defined and punishable under State law that is not so defined under Federal law.

(b)

Civil jurisdiction—

(1)

In general— Except as provided in paragraphs (2) and (3), the United States, the State of New Mexico, and local public bodies shall have the same civil adjudicatory, regulatory, and taxing jurisdiction over the Area as was exercised by those entities on the day before February 20, 2003.

(2)

Jurisdiction of the Pueblo—

(A)

In general— The Pueblo shall have exclusive civil adjudicatory jurisdiction over—

(i)

a dispute involving only members of the Pueblo;

(ii)

a civil action brought by the Pueblo against a member of the Pueblo; and

(iii)

a civil action brought by the Pueblo against a member of another federally-recognized Indian tribe for a violation of an understanding between the Pueblo and the other tribe regarding use of or access to the Area for traditional or cultural uses.

(B)

Regulatory jurisdiction— The Pueblo shall have no regulatory jurisdiction over the Area, except that the Pueblo shall have exclusive authority to—

(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

(ii)

regulate hunting and trapping in the Area by members of the Pueblo, to the extent that the hunting or trapping is related to traditional or cultural uses, except that such hunting and trapping outside of that portion of the Area in sections 13, 14, 23, 24, and the northeast quarter of section 25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., Sandoval County, New Mexico, shall be regulated by the Pueblo in a manner consistent with the regulations of the State of New Mexico concerning types of weapons and proximity of hunting and trapping to trails and residences.

(C)

Taxing jurisdiction— The Pueblo shall have no authority to impose taxes within the Area.

(3)

State and local taxing jurisdiction— The State of New Mexico and local public bodies shall have no authority within the Area to tax the uses or the property of the Pueblo, members of the Pueblo, or members of other federally-recognized Indian tribes authorized to use the Area under section 539m–3(a)(4) of this title.

Footnotes

1 So in original. Probably should be “subsection.”

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 408, Feb. 20, 2003, 117 Stat. 286.)

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsec. (b)(2)(B)(i), 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.

§539m–7. Subdivisions and other property interests

16 U.S.C. § 539m–7

(a)

Subdivisions—

(1)

In general— The subdivisions are excluded from the Area.

(2)

Jurisdiction—

(A)

In general— The Pueblo shall have no civil or criminal jurisdiction for any purpose, including adjudicatory, taxing, zoning, regulatory or any other form of jurisdiction, over the subdivisions and property interests therein, and the laws of the Pueblo shall not apply to the subdivisions.

(B)

State jurisdiction— The jurisdiction of the State of New Mexico and local public bodies over the subdivisions and property interests therein shall continue in effect, except that on application of the Pueblo a tract comprised of approximately 35 contiguous, nonsubdivided acres in the northern section of Evergreen Hills owned in fee by the Pueblo on February 20, 2003, 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.

(3)

Limitations on trust land— 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.

(b)

Piedra Lisa—

(1)

In general— The Piedra Lisa tract is excluded from the Area.

(2)

Declaration of trust title— The Piedra Lisa tract—

(A)

shall be transferred to the United States;

(B)

is declared to be held in trust for the Pueblo by the United States; and

(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.

(3)

Applicability of certain restriction— The restriction contained in section 539m–4(a)(4) of this title shall not apply outside of Forest Service System trails.

(c)

Crest facilities—

(1)

In general— The land on which the crest facilities are located is excluded from the Area.

(2)

Jurisdiction— The Pueblo shall have no civil or criminal jurisdiction for any purpose, including adjudicatory, taxing, zoning, regulatory or any other form of jurisdiction, over the land on which the crest facilities are located and property interests therein, and the laws of the Pueblo, shall not apply to that land. The preexisting jurisdictional status of that land shall continue in effect.

(d)

Special use permit area—

(1)

In general— The land described in the special use permit is excluded from the Area.

(2)

Jurisdiction—

(A)

In general— The Pueblo shall have no civil or criminal jurisdiction for any purpose, including adjudicatory, taxing, zoning, regulatory, or any other form of jurisdiction, over the land described in the special use permit, and the laws of the Pueblo shall not apply to that land.

(B)

Preexisting status— The preexisting jurisdictional status of that land shall continue in effect.

(3)

Amendment to plan— 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.

(4)

Land dedicated to aerial tramway and related uses— Any land dedicated to aerial tramway and related uses and associated facilities that are excluded from the special use permit through expiration, termination or the amendment process shall thereafter be included in the Area, but only after final agency action no longer subject to any appeals.

(e)

La Luz tract—

(1)

In general— 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.

(2)

Nonapplicability of certain restriction— The restriction contained in section 539m–4(a)(4) of this title shall not apply outside of Forest Service System trails.

(f)

Evergreen Hills access— The Secretary shall ensure that Forest Service Road 333D, as depicted on the map, is maintained in an adequate condition in accordance with section 3210(a) of this title.

(g)

Pueblo fee land— Those properties not specifically addressed in subsections¹ (a) or (e) that are owned in fee by the Pueblo within the subdivisions are excluded from the Area and shall be subject to the jurisdictional provisions of subsection (a).

(h)

Rights-of-way—

(1)

Road rights-of-way—

(A)

In general— In accordance with the Pueblo having given its consent in the Settlement Agreement, the Secretary of the Interior shall grant to the County of Bernalillo, New Mexico, in perpetuity, the following irrevocable rights-of-way for roads identified on the map in order to provide for public access to the subdivisions, the special use permit land and facilities, the other leasehold and easement rights and interests of the Sandia Peak Tram Company and its affiliates, the Sandia Heights South Subdivision, and the Area—

(i)

a right-of-way for Tramway Road;

(ii)

a right-of-way for Juniper Hill Road North;

(iii)

a right-of-way for Juniper Hill Road South;

(iv)

a right-of-way for Sandia Heights Road; and

(v)

a right-of-way for Juan Tabo Canyon Road (Forest Road No. 333).

(B)

Conditions— The road rights-of-way shall be subject to the following conditions:

(i)

Such rights-of-way may not be expanded or otherwise modified without the Pueblo’s written consent, but road maintenance to the rights-of-way shall not be subject to Pueblo consent.

(ii)

The rights-of-way shall not authorize uses for any purpose other than roads without the Pueblo’s written consent.

(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.

(2)

Utility rights-of-way— In accordance with the Pueblo having given its consent in the Settlement Agreement, the Secretary of the Interior shall grant irrevocable utility rights-of-way in perpetuity across Pueblo land to appropriate utility or other service providers serving Sandia Heights Addition, Sandia Heights North Units I, II, and 3, the special use permit land, Tierra Monte, and Valley View Acres, including rights-of-way for natural gas, power, water, telecommunications, and cable television services. Such rights-of-way shall be within existing utility corridors as depicted on the map or, for certain water lines, as described in the existing grant of easement to the Sandia Peak Utility Company: Provided, That use of water line easements outside the utility corridors depicted on the map shall not be used for utility purposes other than water lines and associated facilities. Except where above-ground facilities already exist, all new utility facilities shall be installed underground unless the Pueblo agrees otherwise. To the extent that enlargement of existing utility corridors is required for any technologically-advanced telecommunication, television, or utility services, the Pueblo shall not unreasonably withhold agreement to a reasonable enlargement of the easements described above.

(3)

Forest Service rights-of-way— In accordance with the Pueblo having given its consent in the Settlement Agreement, the Secretary of the Interior shall grant to the Forest Service the following irrevocable rights-of-way in perpetuity for Forest Service trails crossing land of the Pueblo in order to provide for public access to the Area and through Pueblo land—

(A)

a right-of-way for a portion of the Crest Spur Trail (Trail No. 84), crossing a portion of the La Luz tract, as identified on the map;

(B)

a right-of-way for the extension of the Foothills Trail (Trail No. 365A), as identified on the map; and

(C)

a right-of-way for that portion of the Piedra Lisa North-South Trail (Trail No. 135) crossing the Piedra Lisa tract.

Footnotes

1 So in original. Probably should be “subsection”.

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 409, Feb. 20, 2003, 117 Stat. 287.)

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsecs. (a)(3), (b)(2)(C), (d)(3), (e)(1), and (h)(1)(B)(iii), 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.

§539m–8. Extinguishment of claims

16 U.S.C. § 539m–8

(a)

In general— Except for the rights and interests in and to the Area specifically recognized in sections 539m–2, 539m–3, 539m–5, 539m–6, and 539m–7 of this title, all Pueblo claims to right, title and interest of any kind, including aboriginal claims, in and to land within the Area, any part thereof, and property interests therein, as well as related boundary, survey, trespass, and monetary damage claims, are permanently extinguished. The United States’ title to the Area is confirmed.

(b)

Subdivisions— Any Pueblo claims to right, title and interest of any kind, including aboriginal claims, in and to the subdivisions and property interests therein (except for land owned in fee by the Pueblo as of February 20, 2003), as well as related boundary, survey, trespass, and monetary damage claims, are permanently extinguished.

(c)

Special use and crest facilities areas— Any Pueblo right, title and interest of any kind, including aboriginal claims, and related boundary, survey, trespass, and monetary damage claims, are permanently extinguished in and to—

(1)

the land described in the special use permit; and

(2)

the land on which the crest facilities are located.

(d)

Pueblo agreement— As provided in the Settlement Agreement, the Pueblo has agreed to the relinquishment and extinguishment of those claims, rights, titles and interests extinguished pursuant to subsection¹ (a), (b), and (c).

(e)

Consideration— 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.

Footnotes

1 So in original. Probably should be “subsections”.

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 410, Feb. 20, 2003, 117 Stat. 290.)

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsec. (e), 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.

§539m–9. Construction

16 U.S.C. § 539m–9

(a)

Strict construction— 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.

(b)

Existing rights— 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.

(c)

Not precedent— 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.

(d)

Fish and wildlife— 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.

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 411, Feb. 20, 2003, 117 Stat. 291.)

Editorial Notes

References in Text

Codification

Section is comprised of section 411 of div. F of Pub. L. 108–7. Subsec. (e) of section 411 of div. F of Pub. L. 108–7 amended section 1746 of Title 43, Public Lands.

§539m–10. Judicial review

16 U.S.C. § 539m–10

(a)

Enforcement— 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.

(b)

Waiver— 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.

(c)

Venue— 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.

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 412, Feb. 20, 2003, 117 Stat. 291.)

Editorial Notes

References in Text

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

16 U.S.C. § 539m–11

(a)

Contributions—

(1)

In general— The Secretary may accept contributions from the Pueblo, or from other persons or governmental entities—

(A)

to perform and complete a survey of the Area; or

(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.

(2)

Deadline— Not later than 1 year after February 20, 2003, the Secretary shall complete the survey of the Area under paragraph (1)(A).

(b)

Land exchange—

(1)

In general— Not later than 180 days after February 20, 2003, after consultation with the Pueblo, the Secretary shall, in accordance with applicable laws, prepare and offer a land exchange of National Forest land outside the Area and contiguous to the northern boundary of the Pueblo’s Reservation within sections 3, 10, 11, and 14 of T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding wilderness land, for land owned by the Pueblo in the Evergreen Hills subdivision in Sandoval County contiguous to National Forest land, and the La Luz tract in Bernalillo County.

(2)

Acceptance of payment— Notwithstanding section 1716(b) of title 43, the Secretary 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 as a result of the exchange shall be deposited in the fund established under section 484a of this title, and shall be available to purchase non-Federal land within or adjacent to the National Forests in the State of New Mexico.

(4)

Treatment of land exchanged or conveyed— 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.

(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 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, 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) is not completed by the date that is 30 days after June 9, 2014, the Secretary, on request of the Pueblo and the Secretary of the Interior, shall transfer the National Forest land generally depicted as “Land to be Held in Trust” on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013, to the Secretary of the Interior to be held in trust by the United States for the Pueblo—

(i)

subject to the restriction enforced by the Secretary 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).

(B)

Other transfers— After the transfer under subparagraph (A) is complete, the Secretary of the Interior, with the consent of the Pueblo, shall—

(i)

transfer to the Secretary, consistent with section 539m–9(c) of this title—

(I)

the La Luz tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013; and

(II)

the conservation easement for the Piedra Lisa tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013; and

(ii)

grant to the Secretary a right-of-way for the Piedra Lisa Trail within the Piedra Lisa tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013.

(c)

Land acquisition and other compensation—

(1)

In general— The Secretary may acquire land owned by the Pueblo within the Evergreen Hills Subdivision in Sandoval County or any other privately held land inside of the exterior boundaries of the Area. The boundaries of the Cibola National Forest and the Area shall be adjusted to encompass any land acquired pursuant to this section.

(2)

Piedra Lisa tract— Subject to the availability of appropriations, the Secretary shall compensate the Pueblo for the fair market value of—

(A)

the right-of-way established pursuant to section 539m–7(h)(3)(C) of this title; and

(B)

the conservation easement established by the limitations on use of the Piedra Lisa tract pursuant to section 539m–7(b)(2) of this title.

(d)

Reimbursement of certain costs—

(1)

In general— The Pueblo, the County of Bernalillo, New Mexico, and any person that owns or has owned property inside of the exterior boundaries of the Area as designated on the map, and who has incurred actual and direct costs as a result of participating in the case of Pueblo 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 (24¹ U.S.C. 2412).

(3)

Payments— Subject to the availability of appropriated funds the Secretary 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”.

Notes, amendments, and revision history

(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.)

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.

§539m–12. Authorization of appropriations

16 U.S.C. § 539m–12

There are authorized to be appropriated such sums as are necessary to carry out sections 539m to 539m–12 of this title, including such sums as are necessary for the Forest Service to carry out responsibilities of the Forest Service in accordance with section 539m–11(c) of this title.

Notes, amendments, and revision history

(Pub. L. 108–7, div. F, title IV, § 414, Feb. 20, 2003, 117 Stat. 294.)