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Ojito Wilderness Act (Introduced in Senate)
S 1649 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.
(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.
(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 XX, and dated XXXXXX.
(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.
(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.
(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.
(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).
(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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