[109th Congress Public Law 94]
[From the U.S. Government Printing Office]
[DOCID: f:publ094.109]
[[Page 2105]]
OJITO WILDERNESS ACT
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Public Law 109-94
109th Congress
An Act
To designate the Ojito Wilderness Study Area as wilderness, to take
certain land into trust for the Pueblo of Zia, and for other
purposes. <<NOTE: Oct. 26, 2005 - [S. 156]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Ojito Wilderness
Act. Native Americans. New Mexico.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ojito Wilderness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Ojito
Wilderness Act'' and dated October 1, 2004.
(2) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.
(a) <<NOTE: 16 USC 1132 note.>> 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 a component of the National
Wilderness Preservation System, certain land in the Albuquerque
District-Bureau of Land Management, New Mexico, which comprises
approximately 11,183 acres, as generally depicted on the map, and which
shall be known as the ``Ojito Wilderness''.
(b) Map and Legal Description.--The map and a legal description of
the wilderness area designated by this Act 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 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 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 area designated by this Act shall be managed by the Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to the wilderness area designated by this
Act, 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.
[[Page 119 STAT. 2107]]
(d) Management of Newly Acquired Land.--If acquired by the United
States, the following land shall become part of the wilderness area
designated by this Act and shall be managed in accordance with this Act
and other applicable law:
(1) Section 12 of township 15 north, range 01 west, New
Mexico Principal Meridian.
(2) Any land within the boundaries of the wilderness area
designated by this Act.
(e) Management of Lands to Be Added.--The lands generally depicted
on the map as ``Lands to be Added'' shall become part of the wilderness
area designated by this Act if the United States acquires, or
alternative adequate access is available to, section 12 of township 15
north, range 01 west, New Mexico Principal Meridian.
(f) Release.--The Congress hereby finds and directs that the lands
generally depicted on the map as ``Lands to be Released'' have been
adequately studied for wilderness designation pursuant to section 603 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) and
no longer are subject to the requirement of section 603(c) of such Act
(43 U.S.C. 1782(c)) pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of such areas for
preservation as wilderness.
(g) Grazing.--Grazing of livestock in the wilderness area designated
by this Act, 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)) and the guidelines
set forth in Appendix A of the Report of the Committee on Interior and
Insular Affairs to accompany H.R. 2570 of the One Hundred First Congress
(H. Rept. 101-405).
(h) 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.
(i) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as wilderness by this Act is
arid in nature and is generally not suitable for use or
development of new water resource facilities; and
(B) because of the unique nature and hydrology of
the desert land designated as wilderness by this Act, it
is possible to provide for proper management and
protection of the wilderness and other values of lands
in ways different from those used in other legislation.
(2) Statutory construction.--Nothing in this Act--
(A) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to the
land designated as wilderness by this Act;
(B) shall affect any water rights in the State
existing on the date of enactment of this Act, including
any water rights held by the United States;
(C) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(D) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
[[Page 119 STAT. 2108]]
(E) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts or
equitable apportionment decrees that apportion water
among and between the State and other States.
(3) State water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State
in order to obtain and hold any water rights not in existence on
the date of enactment of this Act with respect to the wilderness
area designated by this Act.
(4) New projects.--
(A) Water resource facility.--As used in this
subsection, the term ``water resource facility''--
(i) means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower
projects, and transmission and other ancillary
facilities, and other water diversion, storage,
and carriage structures; and
(ii) does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this Act, on and after
the date of enactment of this Act, neither the President
nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license
or permit for the development of any new water resource
facility within the wilderness area designated by this
Act.
(j) Withdrawal.--Subject to valid existing rights, the wilderness
area designated by this Act, the lands to be added under subsection (e),
and lands identified on the map as the ``BLM Lands Authorized to be
Acquired by the Pueblo of Zia'' are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(k) <<NOTE: Deadline.>> Exchange.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall seek to complete an
exchange for State land within the boundaries of the wilderness area
designated by this Act.
SEC. 4. 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 map as ``BLM
Lands Authorized to be Acquired by the Pueblo of Zia'' 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) Description of Lands.--The boundary of the lands authorized by
this section for acquisition by the Pueblo where generally depicted on
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road
shall be 100 feet from the center line of the road.
(c) Consideration.--
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(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) Appraisal.--To determine the fair market value, the
Secretary shall conduct an appraisal paid for by the Pueblo that
is performed in accordance with the Uniform Appraisal Standards
for Federal Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice.
(3) 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:
Provided, <<NOTE: Procedures.>> That the Secretary shall ensure
that the rights provided for in this paragraph are protected and
that a process for resolving any complaints by an aggrieved
party is established.
(2) Conditions.--Except as provided in subsection (e)--
(A) the land conveyed under subsection (a) shall be
maintained as open space and the natural characteristics
of the land shall be preserved in perpetuity; and
(B) 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) Rights-of-Way.--
(1) Existing rights-of-way.--Nothing in this section shall
affect--
(A) any validly issued right-of-way or the renewal
thereof; or
(B) the access for customary construction,
operation, maintenance, repair, and replacement
activities in any right-of-way issued, granted, or
permitted by the Secretary.
(2) New rights-of-way and renewals.--
(A) In general.--The Pueblo shall grant any
reasonable request for rights-of-way for utilities and
pipelines over the land acquired under subsection (a)
that is designated as the ``Rights-of-Way corridor #1''
in the Rio Puerco Resource Management Plan that is in
effect on the date of the grant.
(B) Administration.--Any right-of-way issued or
renewed after the date of enactment of this Act located
on land authorized to be acquired under this section
shall be administered in accordance with the rules,
regulations, and fee payment schedules of the Department
of the Interior, including the Rio Puerco Resources
Management
[[Page 119 STAT. 2110]]
Plan that is in effect on the date of issuance or
renewal of the right-of-way.
(f) 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.
Approved October 26, 2005.
LEGISLATIVE HISTORY--S. 156 (H.R. 362):
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HOUSE REPORTS: No. 109-149 accompanying H.R. 362 (Comm. on Resources).
SENATE REPORTS: No. 109-13 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 26, considered and passed Senate.
Oct. 18, considered and passed House.
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