[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1649 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1649
To designate the Ojito Wilderness Study Area as wilderness, to take
certain land into trust for the Pueblo of Zia, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2003
Mr. Bingaman (for himself and Mr. Domenici) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To designate the Ojito Wilderness Study Area as wilderness, to take
certain land into trust for the Pueblo of Zia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ojito Wilderness Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Ojito Wilderness Study Area, located in Sandoval
County, New Mexico, contains dramatic landforms and rock
structures, multicolored badlands, expansive plateaus and mesa
tops, and a high density of cultural and archaeological sites,
paleontological resources, and diverse plant and animal
species;
(2) the Bureau of Land Management evaluated the Ojito area
and found that the area has sufficient land area and natural
characteristics to qualify for full wilderness status and
protection;
(3) in 1992, President George H.W. Bush concurred with the
recommendation of Secretary of the Interior Manuel Lujan, Jr.,
that Congress designate the Ojito Wilderness based on the high
quality wilderness values, close proximity to the Albuquerque
and Santa Fe population centers, cultural and paleontological
special features, and the lack of resource conflicts in the
area;
(4) the Pueblo of Zia has worked in cooperation with other
interested parties to reach an agreement under which the Pueblo
would acquire public land adjacent to the Zia Reservation and
the Ojito Wilderness Study Area that would--
(A) enhance the protections for the land in the
Ojito area; and
(B) ensure that the land will remain open to the
public for recreational, scenic, scientific,
educational, paleontological, and conservation uses;
and
(5) the transfer of certain parcels of public land to the
Pueblo of Zia and the designation of the Ojito Wilderness as a
component of the National Wilderness Preservation System--
(A) is in the best interest of people of the State
of New Mexico and people from other States;
(B) would preserve and maintain the Ojito as an
enduring resource of wilderness; and
(C) would provide for the management and promotion
of the wilderness character and various resources of
the Ojito area for wildlife habitat protection, scenic
and historic preservation, scientific research and
education, primitive recreation, solitude, and
inspiration for present and future generations of the
people of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Trust area map.--The term ``Trust Area map'' means the
map entitled ``Lands Transferred to Pueblo of Zia--Proposed'',
numbered ____, and dated ____________.
(5) Wilderness.--The term ``Wilderness'' means the Ojito
Wilderness designated under section 4.
(6) Wilderness map.--The term ``Wilderness map'' means the
map entitled ``Ojito Wilderness Study Area: Ojito Proposal'',
numbered NM-010-024, and dated April 1990.
SEC. 4. DESIGNATION OF THE OJITO WILDERNESS.
(a) In General.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness,
and, therefore, as components of the National Wilderness Preservation
System, certain land in the Albuquerque District-Bureau of Land
Management, New Mexico, which comprise approximately 10,903 acres, as
generally depicted on the Wilderness map, and which shall be known as
the ``Ojito Wilderness''.
(b) Map and Legal Description.--The Wilderness map and a legal
description of the Wilderness shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and Wilderness
map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing rights,
the Wilderness shall be managed by the Secretary, as appropriate, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to the Wilderness, any reference in the
Wilderness Act to the effective date of the Wilderness Act shall be
deemed to be a reference to the date of enactment of this Act.
(d) Management of Newly Acquired Land.--Any land within the
boundaries of the Wilderness that is acquired by the Federal Government
shall become part of the Wilderness within which the land is located
and shall be managed in accordance with this Act and other laws
applicable to the Wilderness.
(e) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of enactment of this Act, shall be
administered in accordance with the provisions of section 4(d)(4) of
the Wilderness Act (16 U.S.C. 1133(d)(4)).
(f) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be
construed as affecting the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State.
SEC. 5. LAND HELD IN TRUST.
(a) In General.--Subject to valid existing rights and the
conditions under subsection (d), all right, title, and interest of the
United States in and to the lands (including improvements,
appurtenances, and mineral rights to the lands) generally depicted on
the Trust Area map shall, on receipt of consideration under subsection
(c) and adoption and approval of regulations under subsection (d), be
declared by the Secretary to be held in trust by the United States for
the Pueblo and shall be part of the Pueblo's Reservation.
(b) Map and Legal Description.--The Trust Area map and a legal
description of the land described in subsection (a) shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and Trust Area
map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Consideration.--
(1) In general.--In consideration for the conveyance
authorized under subsection (a), the Pueblo shall pay to the
Secretary the amount that is equal to the fair market value of
the land conveyed, as subject to the terms and conditions in
subsection (d), as determined by an independent appraisal.
(2) Availability.--Any amounts paid under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition from
willing sellers of land or interests in land in the State.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), the declaration
of trust and conveyance under subsection (a) shall be subject
to the continuing right of the public to access the land for
recreational, scenic, scientific, educational, paleontological,
and conservation uses, subject to any regulations for land
management and the preservation, protection, and enjoyment of
the natural characteristics of the land that are adopted by the
Pueblo and approved by the Secretary.
(2) Conditions.--
(A) In general.--The land conveyed under subsection
(a) shall be maintained as open space, and the natural
characteristics of the land shall be preserved in
perpetuity.
(B) Prohibited uses.--The use of motorized vehicles
(except on existing roads or as is necessary for the
maintenance and repair of facilities used in connection
with grazing operations), mineral extraction, housing,
gaming, and other commercial enterprises shall be
prohibited within the boundaries of the land conveyed
under subsection (a).
(e) Judicial Relief.--
(1) In general.--To enforce subsection (d), any person may
bring a civil action in the United States District Court for
the District of New Mexico seeking declaratory or injunctive
relief.
(2) Sovereign immunity.--The Pueblo shall not assert
sovereign immunity as a defense or bar to a civil action
brought under paragraph (1).
(3) Effect.--Nothing in this section--
(A) authorizes a civil action against the Pueblo
for money damages, costs, or attorneys fees; or
(B) except as provided in paragraph (2), abrogates
the sovereign immunity of the Pueblo.
(f) Effect.--Nothing in this section shall have the effect of
terminating or affecting the renewal of any validly issued right-of-way
or the customary operation, maintenance, repair, and replacement
activities in such right-of-way, issued, granted, or permitted by the
Secretary on the date of enactment of this Act.
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