[Senate Report 113-136]
[From the U.S. Government Publishing Office]
Calendar No. 299
113th Congress Report
SENATE
2d Session 113-136
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TO MAKE A TECHNICAL AMENDMENT TO THE T'UF SHUR BIEN PRESERVATION TRUST
AREA ACT, AND FOR OTHER PURPOSES
_______
January 28, 2014.--Ordered to be printed
_______
Ms. Cantwell, from the Senate Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 611]
The Committee on Indian Affairs, to which was referred the
bill (S. 611) to make a technical amendment to the T'uf Shur
Bien Preservation Trust Area Act, and for other purposes,
having considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill (as amended) do pass.
Purpose
S. 611 amends the 2003 Act entitled `T'uf Shur Bien
Preservation Trust Area Act' (P.L. 108-7), in order to resolve
discrepancies involving the transfer of the specified lands
related to the Sandia Pueblo of New Mexico land claim
settlement.
Background
The T'uf Shur Bien Preservation Trust Area Act settled the
Pueblo of Sandia's claim to the west face of Sandia Mountain,
New Mexico. As part of the land settlement, the Act directed
the U.S. Forest Service to prepare and offer a land exchange of
approximately 700 acres of Forest Service land to the Pueblo,
with title restrictions that the land transferred to the Pueblo
would remain in its natural state and not subject to any
commercial development. The Pueblo was to provide compensation
to the Forest Service for the 700-acre land transfer.
Since the passage of the Act, the Forest Service has argued
that the land to be transferred to the Pueblo should be
appraised without title restrictions because the land use
limitations mandated by the Act would take effect post-
conveyance. In response to the Forest Service's interpretation,
Congress acted to clarify its original intent by passing the
Sandia Pueblo Land Exchange Technical Amendment in 2009 (P.L.
111-11). The amendment provided that the land use limitations
on the lands to be transferred to the Pueblo be considered ``as
a condition of conveyance,'' rather than limitations that apply
post-conveyance. Notwithstanding the passage of the 2009
technical amendment, there has been continued confusion about
the Congressional intent on the matter of land valuation for
transfer.
S. 611 states that in return for the 700-acre land
exchange, the Pueblo of Sandia will 1) transfer 70 acres (the
La Luz Tract) to the Forest Service; and 2) agree to a
conservation easement and right-of-way on another 160 acre
parcel (Piedra Lisa). In addition, S. 611 makes the exchange
automatic if it is not completed within 30 days of the Act's
enactment.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the title of the bill to be the `Sandia
Pueblo Settlement Technical Amendment Act'.
Section 2. Sandia Pueblo Settlement Technical Amendment
Section 2 amends section 413(b)(4) of the T'uf Shur Bien
Preservation Trust Area Act (P.L. 108-7) by striking
``conveyance'' and inserting ``title to be conveyed.''
Section 2 also adds a new subsection 6 to the Act, which
provides that if the land transfer is not completed within
thirty (30) days after enactment, on request of the Pueblo and
the Secretary of the Interior, the Secretary of Agriculture is
to carry-out the land transfer to the Secretary of the Interior
to be held in trust by the United States for the Pueblo.
The subsection also provides that after the transfer is
complete, the Secretary of the Interior, with the consent of
the Pueblo, shall transfer to the Secretary of Agriculture the
Pueblo's La Luz tract and the conservation easement for the
Piedra Lisa tract, and shall grant to the Secretary of
Agriculture a right-of-way for the Piedra Lisa Trail within the
Piedra Lisa tract.
Legislative History
S. 611 was introduced on March 19, 2013, by Senator Tom
Udall and Senator Martin Heinrich. The bill was referred to the
Committee on Indian Affairs. On May 8, 2013, the Committee on
Indian Affairs held a hearing on the bill. On October 30, 2013,
the Committee met to consider the bill. One substitute
amendment was offered, and the bill as amended was adopted and
ordered favorably reported to the Senate by voice vote.
Summary of the Amendments
Senator Udall of New Mexico offered an amendment in the
nature of a substitute. The amendment clarifies that the
Secretary of Agriculture is to transfer the Forest Service
lands to the Secretary of the Interior to be held in trust for
the Pueblo. The Secretary of the Interior will transfer the
agreed-upon Pueblo lands and easements in lands to the
Secretary of Agriculture.
Committee Recommendation
October 30, 2013, the Senate Committee on Indian Affairs
held a business meeting to consider S. 611 and other measures.
Senator Udall of New Mexico introduced a substitute amendment,
which was accepted by voice vote. The Committee ordered the
bill, as amended, reported to the full Senate with the
recommendation that it do pass.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated December 2, 2013, was
prepared for S. 611:
December 2, 2013.
Hon. Maria Cantwell,
Chairwoman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Madam Chairwoman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 611, the Sandia
Pueblo Settlement Technical Amendment Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 611--Sandia Pueblo Settlement Technical Amendment Act
S. 611 would require the Secretary of Agriculture to
transfer certain lands in the Sandia Mountain Wilderness and
Cibola National Forest in New Mexico to the Department of the
Interior to be held in trust for the Pueblo of Sandia. In
exchange for the specified National Forest lands, the
legislation would require the Secretary of the Interior to
transfer certain lands and easements held in trust for the
Pueblo of Sandia to the Forest Service.
CBO estimates that implementing S. 611 would have no
significant impact on the federal budget. Based on information
provided by the Forest Service, CBO estimates that the cost of
administering the land transfers would be minimal. Enacting S.
611 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
S. 611 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the Pueblo of Sandia.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 920 will
have a minimal impact on regulatory or paperwork requirements.
Executive Communications
The Committee has received no communications from the
Executive Branch regarding S. 611.
Changes in Existing Law
In accordance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 611, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter printed in italic):
16 U.S.C. 539m-11
(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 [conveyance],
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 the date of
enactment of this paragraph, 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 411(c)--
(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.