[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Enrolled Bill (ENR)]
S.156
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Ojito Wilderness Act''.

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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.

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(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 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.
(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
(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) 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.

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(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.--
(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, 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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Ojito Wilderness Act

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