Text: S.2556 — 107th Congress (2001-2002)All Information (Except Text)

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Engrossed in Senate (11/29/2002)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 2556 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                S. 2556

_______________________________________________________________________

                                 AN ACT


 
To authorize the Secretary of the Interior to convey certain facilities 
   to the Fremont-Madison Irrigation District in the State of Idaho.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                  TITLE I--FREMONT-MADISON CONVEYANCE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Fremont-Madison Conveyance Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) District.--The term ``District'' means the Fremont-
        Madison Irrigation District, an irrigation district organized 
        under the law of the State of Idaho.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 103. CONVEYANCE OF FACILITIES.

    (a) Conveyance Requirement.--The Secretary of the Interior shall 
convey to the Fremont-Madison Irrigation District, Idaho, pursuant to 
the terms of the memorandum of agreement (MOA) between the District and 
the Secretary (Contract No. 1425-0901-09MA-0910-093310), all right, 
title, and interest of the United States in and to the canals, 
laterals, drains, and other components of the water distribution and 
drainage system that is operated or maintained by the District for 
delivery of water to and drainage of water from lands within the 
boundaries of the District as they exist upon the date of enactment of 
this Act, consistent with section 108.
    (b) Report.--If the Secretary has not completed any conveyance 
required under this title by September 13, 2003, the Secretary shall, 
by no later than that date, submit a report to the Congress explaining 
the reasons that conveyance has not been completed and stating the date 
by which the conveyance will be completed.

SEC. 104. COSTS.

    (a) In General.--The Secretary shall require, as a condition of the 
conveyance under section 103, that the District pay the administrative 
costs of the conveyance and related activities, including the costs of 
any review required under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), as described in Contract No. 1425-0901-09MA-
0910-093310.
    (b) Value of Facilities To Be Transferred.--In addition to 
subsection (a) the Secretary shall also require, as condition of the 
conveyance under section 103, that the District pay to the United 
States the lesser of the net present value of the remaining obligations 
owed by the District to the United States with respect to the 
facilities conveyed, or $280,000. Amounts received by the United States 
under this subsection shall be deposited into the Reclamation Fund.

SEC. 105. TETON EXCHANGE WELLS.

    (a) Contracts and Permit.--In conveying the Teton Exchange Wells 
pursuant to section 103, the Secretary shall also convey to the 
District--
            (1) Idaho Department of Water Resources permit number 22-
        097022, including drilled wells under the permit, as described 
        in Contract No. 1425-0901-09MA-0910-093310; and
            (2) all equipment appurtenant to such wells.
    (b) Extension of Water Service Contract.--The water service 
contract between the Secretary and the District (Contract No. 7-0907-
0910-09W0179, dated September 16, 1977) is hereby extended and shall 
continue in full force and effect until all conditions described in 
this title are fulfilled.

SEC. 106. ENVIRONMENTAL REVIEW.

    Prior to conveyance the Secretary shall complete all environmental 
reviews and analyses as set forth in the Memorandum of Agreement 
referenced in section 103(a).

SEC. 107. LIABILITY.

    Effective on the date of the conveyance the United States shall not 
be liable for damages of any kind arising out of any act, omission, or 
occurrence relating to the conveyed facilities, except for damages 
caused by acts of negligence committed by the United States or by its 
employees, agents, or contractors prior to the date of conveyance. 
Nothing in this section may increase the liability of the United States 
beyond that currently provided in chapter 171 of title 28, United 
States Code.

SEC. 108. WATER SUPPLY TO DISTRICT LANDS.

    The acreage within the District eligible to receive water from the 
Minidoka Project and the Teton Basin Projects is increased to reflect 
the number of acres within the District as of the date of enactment of 
this title, including lands annexed into the District prior to 
enactment of this title as contemplated by the Teton Basin Project. The 
increase in acreage does not alter deliveries authorized under the 
District's existing water storage contracts and as allowed by State 
water law.

SEC. 109. DROUGHT MANAGEMENT PLANNING.

    Within 60 days of enactment of this title, in collaboration with 
stakeholders in the Henry's Fork watershed, the Secretary shall 
initiate a drought management planning process to address all water 
uses, including irrigation and the wild trout fishery, in the Henry's 
Fork watershed. Within 18 months of enactment of this title, the 
Secretary shall submit a report to Congress, which shall include a 
final drought management plan.

SEC. 110. EFFECT.

    (a) in General.--Except as provided in this title, nothing in this 
title affects--
            (1) the rights of any person; or
            (2) any right in existence on the date of enactment of this 
        Act of the Shoshone-Bannock Tribes of the Fort Hall Reservation 
        to water based on a treaty, compact, executive order, 
        agreement, the decision in Winters v. United States (207 U.S. 
        564 (1908)) (commonly known as the ``Winters Doctrine''), or 
        law.
    (b) Conveyances.--Any conveyance under this title shall not affect 
or abrogate any provision of any contract executed by the United States 
or State law regarding any irrigation district's right to use water 
developed in the facilities conveyed.

                  TITLE II--DENVER WATER REUSE PROJECT

SEC. 201. DENVER WATER REUSE PROJECT.

    (a) Authorization.--The Secretary of the Interior, in cooperation 
with the appropriate State and local authorities, may participate in 
the design, planning, and construction of the Denver Water Reuse 
Project (hereinafter referred to as the ``Project'') to reclaim and 
reuse water in the service area of the Denver Water Department of the 
city and county of Denver, Colorado.
    (b) Cost Share.--The Federal share of the cost of the Project shall 
not exceed 25 percent of the total cost.
    (c) Limitation.--Funds provided by the Secretary shall not be used 
for the operation or maintenance of the Project.
    (d) Funding.--Funds appropriated pursuant to section 1631 of the 
Reclamation Wastewater and Groundwater Study and Facilities Act (43 
U.S.C. 390h-13) may be used for the Project.

SEC. 202. RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES 
              ACT.

    Design, planning, and construction of the Project authorized by 
this title shall be in accordance with, and subject to the limitations 
contained in, the Reclamation Wastewater and Groundwater Study and 
Facilities Act (106 Stat. 4663-4669; 43 U.S.C. 390h et seq.), as 
amended.

               TITLE III--WALLOWA LAKE DAM REHABILITATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Wallowa Lake Dam Rehabilitation 
and Water Management Act of 2002''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Associated ditch companies, incorporated.--The term 
        ``Associated Ditch Companies, Incorporated'' means the non-
        profit corporation by that name (as established under the laws 
        of the State of Oregon) that operates Wallowa Lake Dam.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (3) Wallowa lake dam rehabilitation program.--The term 
        ``Wallowa Lake Dam Rehabilitation Program'' means the program 
        for the rehabilitation of the Wallowa Lake Dam in Oregon, as 
        contained in the engineering document entitled, ``Phase I Dam 
        Assessment and Preliminary Engineering Design'', dated October 
        2001, and on file with the Bureau of Reclamation.
            (4) Wallowa valley water management plan.--The term 
        ``Wallowa Valley Water Management Plan'' means the program 
        developed for the Wallowa River watershed, as contained in the 
        document entitled ``Wallowa Lake Dam Rehabilitation and Water 
        Management Plan Vision Statement'', dated February 2001, and on 
        file with the Bureau of Reclamation.

SEC. 303. AUTHORIZATION TO PARTICIPATE IN PROGRAM.

    (a) Authorization.--The Secretary--
            (1) in cooperation with the Associated Ditch Companies, 
        Incorporated, may participate in the Wallowa Lake Dam 
        Rehabilitation Program; and
            (2) in cooperation with tribal, State and local 
        governmental entities, may participate in planning, design and 
        construction of facilities needed to implement the Wallowa 
        Valley Water Management Plan.
    (b) Cost Sharing.--
            (1) in General.--The Federal share of the costs of 
        activities authorized under this title shall not exceed 80 
        percent.
            (2) Exclusions from federal share.--There shall not be 
        credited against the Federal share of such costs--
                    (A) any expenditure by the Bonneville Power 
                Administration in the Wallowa River watershed; and
                    (B) expenditures made by individual farmers in any 
                Federal farm or conservation program.
    (c) Compliance With State Law.--The Secretary, in carrying out this 
title, shall comply with otherwise applicable State water law.
    (d) Prohibition on Holding Title.--The Federal Government shall not 
hold title to any facility rehabilitated or constructed under this 
title.
    (e) Prohibition on Operation and Maintenance.--The Federal 
Government shall not be responsible for the operation and maintenance 
of any facility constructed or rehabilitated under this title.
    (f) Ownership and Operation of Fish Passage Facility.--Any facility 
constructed using Federal funds authorized by this title located at 
Wallowa Lake Dam for trapping and transportation of migratory adult 
salmon shall be owned and operated by the Nez Perce Tribe.

SEC. 304. RELATIONSHIP TO OTHER LAW.

    Activities funded under this title shall not be considered a 
supplemental or additional benefit under the Act of June 17, 1902 (32 
Stat. 388), and all Acts amendatory thereof or supplementary thereto.

SEC. 305. APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary $32,000,000 
for the Federal share of the costs of activities authorized under this 
title.

       TITLE IV--ALBUQUERQUE BIOLOGICAL PARK TITLE CLARIFICATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Albuquerque Biological Park Title 
Clarification Act''.

SEC 402. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) In 1997, the City of Albuquerque, New Mexico paid 
        $3,875,000 to the Middle Rio Grande Conservancy District to 
        acquire two parcels of land known as Tingley Beach and San 
        Gabriel Park.
            (2) The City intends to develop and improve Tingley Beach 
        and San Gabriel Park as part of its Albuquerque Biological Park 
        Project.
            (3) In 2000, the United States claimed title to Tingley 
        Beach and San Gabriel Park by asserting that these properties 
        were transferred to the United States in the 1950's as part of 
        the establishment of the Middle Rio Grande Project.
            (4) The City's ability to continue developing the 
        Albuquerque Biological Park Project has been hindered by the 
        United States claim of title to these properties.
            (5) The United States claim of ownership over the Middle 
        Rio Grande Project properties is disputed by the City and MRGCD 
        in Rio Grande Silvery Minnow v. John W. Keys, III, No. CV 99-
        1320 JP/RLP-ACE (D. N.M. filed Nov. 15, 1999).
            (6) Tingley Beach and San Gabriel Park are surplus to the 
        needs of the Bureau of Reclamation and the United States in 
        administering the Middle Rio Grande Project.
    (b) Purpose.--The purpose of this title is to direct the Secretary 
of the Interior to issue a quitclaim deed conveying any right, title, 
and interest the United States may have in and to Tingley Beach or San 
Gabriel Park to the City, thereby removing the cloud on the City's 
title to these lands.

SEC. 403. DEFINITIONS.

    In this title:
        (1) City.--The term ``City'' means the City of Albuquerque, New 
Mexico.
        (2) Middle rio grande conservancy district.--The terms ``Middle 
Rio Grande Conservancy District'' and ``MRGCD'' mean a political 
subdivision of the State of New Mexico, created in 1925 to provide and 
maintain flood protection and drainage, and maintenance of ditches, 
canals, and distribution systems for irrigation and water delivery and 
operations in the Middle Rio Grande Valley.
        (3) Middle rio grande project.--The term ``Middle Rio Grande 
Project'' means the works associated with water deliveries and 
operations in the Rio Grande basin as authorized by the Flood Control 
Act of 1948 (Public Law 80-858; 62 Stat. 1175) and the Flood Control 
Act of 1950 (Public Law 81-516; 64 Stat. 170).
        (4) San gabriel park.--The term ``San Gabriel Park'' means the 
tract of land containing 40.2236 acres, more or less, situated within 
Section 12 and Section 13, T10N, R2E, N.M.P.M., City of Albuquerque, 
Bernalillo County, New Mexico, and described by New Mexico State Plane 
Grid Bearings (Central Zone) and ground distances in a Special Warranty 
Deed conveying the property from MRGCD to the City, dated November 25, 
1997.
            (5) Tingley beach.--The term ``Tingley Beach'' means the 
        tract of land containing 25.2005 acres, more or less, situated 
        within Section 13 and Section 24, T10N, R2E, N.M.P.M., City of 
        Albuquerque, Bernalillo County, New Mexico, and described by 
        New Mexico State Plane Grid Bearings (Central Zone) and ground 
        distances in a Special Warranty Deed conveying the property 
        from MRGCD to the City, dated November 25, 1997.

SEC. 404. CLARIFICATION OF PROPERTY INTEREST.

    (a) Required Action.--The Secretary of the Interior shall issue a 
quitclaim deed conveying any right, title, and interest the United 
States may have in and to Tingley Beach and San Gabriel Park to the 
City.
    (b) Timing.--The Secretary shall carry out the action in subsection 
(a) as soon as practicable after the date of enactment of this title 
and in accordance with all applicable law.
    (c) No Additional Payment.--The City shall not be required to pay 
any additional costs to the United States for the value of San Gabriel 
Park and Tingley Beach.

SEC. 405. OTHER RIGHTS, TITLE, AND INTERESTS UNAFFECTED.

    (a) In General.--Except as expressly provided in section 404, 
nothing in this title shall be construed to affect any right, title, or 
interest in and to any land associated with the Middle Rio Grande 
Project.
    (b) Ongoing Litigation.--Nothing contained in this title shall be 
construed or utilized to affect or otherwise interfere with any 
position set forth by any party in the lawsuit pending before the 
United States District Court for the District of New Mexico, No. CV 99-
1320 JP/RLP-ACE, entitled Rio Grande Silvery Minnow v. John W. Keys, 
III, concerning the right, title, or interest in and to any property 
associated with the Middle Rio Grande Project.

           TITLE V--HIGH PLAINS AQUIFER HYDROGEOLOGIC MAPPING

SEC. 501. SHORT TITLE.

    This title may be cited as the ``High Plains Aquifer Hydrogeologic 
Characterization, Mapping, Modeling and Monitoring Act''.

SEC. 502. DEFINITIONS.

    For the purposes of this title:
            (1) Association.--The term ``Association'' means the 
        Association of American State Geologists.
            (2) Council.--The term ``Council'' means the Western States 
        Water Council.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (4) Federal component.--The term ``Federal component'' 
        means the Federal component of the High Plains Aquifer 
        Comprehensive Hydrogeologic Characterization, Mapping, Modeling 
        and Monitoring Program described in section 503(c).
            (5) High plains aquifer.--The term ``High Plains Aquifer'' 
        is the groundwater reserve depicted as Figure 1 in the United 
        States Geological Survey Professional Paper 1400-B, titled 
        ``Geohydrology of the High Plains Aquifer in Parts of Colorado, 
        Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, 
        and Wyoming.''.
            (6) High plains aquifer states.--The term ``High Plains 
        Aquifer States'' means the States of Colorado, Kansas, 
        Nebraska, New Mexico, Oklahoma, South Dakota, Texas and 
        Wyoming.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State component.--The term ``State component'' means 
        the State component of the High Plains Aquifer Comprehensive 
        Hydrogeologic Characterization, Mapping, Modeling and 
        Monitoring Program described in section 503(d).

SEC. 503. ESTABLISHMENT.

    (a) Program.--The Secretary, working through the United States 
Geological Survey, and in cooperation with participating State 
geological surveys and water management agencies of the High Plains 
Aquifer States, shall establish and carry out the High Plains Aquifer 
Comprehensive Hydrogeologic Characterization, Mapping, Modeling and 
Monitoring Program, for the purposes of the characterization, mapping, 
modeling, and monitoring of the High Plains Aquifer. The Program shall 
undertake on a county-by-county level or at the largest scales and most 
detailed levels determined to be appropriate on a state-by-state and 
regional basis: (1) mapping of the hydrogeological configuration of the 
High Plains Aquifer; and (2) with respect to the High Plains Aquifer, 
analyses of the current and past rates at which groundwater is being 
withdrawn and recharged, the net rate of decrease or increase in High 
Plains Aquifer storage, the factors controlling the rate of horizontal 
and vertical migration of water within the High Plains Aquifer, and the 
current and past rate of change of saturated thickness within the High 
Plains Aquifer. The Program shall also develop, as recommended by the 
State panels referred to in subsection (d)(1), regional data bases and 
groundwater flow models.
    (b) Funding.--The Secretary shall make available fifty percent of 
the funds available pursuant to this title for use in carrying out the 
State component of the Program, as provided for by subsection (d).
    (c) Federal Program Component.--
            (1) Priorities.--The Program shall include a Federal 
        component, developed in consultation with the Federal Review 
        Panel provided for by subsection (e), which shall have as its 
        priorities--
                    (A) coordinating Federal, State, and local, data, 
                maps, and models into an integrated physical 
                characterization of the High Plains Aquifer;
                    (B) supporting State and local activities with 
                scientific and technical specialists; and
                    (C) undertaking activities and providing technical 
                capabilities not available at the State and local 
                levels.
            (2) Interdisciplinary Studies.--The Federal component shall 
        include interdisciplinary studies that add value to 
        hydrogeologic characterization, mapping, modeling and 
        monitoring for the High Plains Aquifer.
    (d) State Program Component.--
            (1) Priorities.--Upon election by a High Plains Aquifer 
        State, the State may participate in the State component of the 
        Program which shall have as its priorities hydrogeologic 
        characterization, mapping, modeling, and monitoring activities 
        in areas of the High Plains Aquifer that will assist in 
        addressing issues relating to groundwater depletion and 
        resource assessment of the Aquifer. As a condition of 
        participating in the State component of the Program, the 
        Governor or Governor's designee shall appoint a State panel 
        representing a broad range of users of, and persons 
        knowledgeable regarding, hydrogeologic data and information, 
        which shall be appointed by the Governor of the State or the 
        Governor's designee. Priorities under the State component shall 
        be based upon the recommendations of the State panel.
            (2) Awards.--(A) Twenty percent of the Federal funds 
        available under the State component shall be equally divided 
        among the State geological surveys of the High Plains Aquifer 
        States to carry out the purposes of the Program provided for by 
        this title. In the event that the State geological survey is 
        unable to utilize the funding for such purposes, the Secretary 
        may, upon the petition of the Governor of the State, direct the 
        funding to some other agency of the State to carry out the 
        purposes of the Program.
            (B) In the case of a High Plains Aquifer State that has 
        elected to participate in the State component of the Program, 
        the remaining funds under the State component shall be 
        competitively awarded to State or local agencies or entities in 
        the High Plains Aquifer States, including State geological 
        surveys, State water management agencies, institutions of 
        higher education, or consortia of such agencies or entities. A 
        State may submit a proposal for the United States Geological 
        Survey to undertake activities and provide technical 
        capabilities not available at the State and local levels. Such 
        funds shall be awarded by the Director only for proposals that 
        have been recommended by the State panels referred to in 
        subsection (d)(1), subjected to independent peer review, and 
        given final prioritization and recommendation by the Federal 
        Review Panel established under subsection (e). Proposals for 
        multistate activities must be recommended by the State panel of 
        at least one of the affected States.
    (e) Federal Review Panel.--
            (1) Establishment.--There shall be established a Federal 
        Review Panel to evaluate the proposals submitted for funding 
        under the State component under subsection (d)(2)(B) and to 
        recommend approvals and levels of funding. In addition, the 
        Federal Review Panel shall review and coordinate the Federal 
        component priorities under subsection (c)(1), Federal 
        interdisciplinary studies under subsection (c)(2), and the 
        State component priorities under subsection (d)(1).
            (2) Composition and Support.--Not later than 3 months after 
        the date of enactment of this title, the Secretary shall 
        appoint to the Federal Review Panel: (1) three representatives 
        of the United States Geological Survey, at least one of which 
        shall be a hydrologist or hydrogeologist; and (2) four 
        representatives of the geological surveys and water management 
        agencies of the High Plains Aquifer States from lists of 
        nominees provided by the Association and the Council, so that 
        there are two representatives of the State geological surveys 
        and two representatives of the State water management agencies. 
        Appointment to the Panel shall be for a term of 3 years. The 
        Director shall provide technical and administrative support to 
        the Federal Review Panel. Expenses for the Federal Review Panel 
        shall be paid from funds available under the Federal component 
        of the Program.
    (f) Limitation.--The United States Geological Survey shall not use 
any of the Federal funds to be made available under the State component 
for any fiscal year to pay indirect, servicing, or Program management 
charges. Recipients of awards granted under subsection (d)(2)(B) shall 
not use more than 18 percent of the Federal award amount for any fiscal 
year for indirect, servicing, or Program management charges. The 
Federal share of the costs of an activity funded under subsection 
(d)(2)(B) shall be no more than 50 percent of the total cost of that 
activity. The Secretary may apply the value of in-kind contributions of 
property and services to the non-Federal share of the costs of the 
activity.

SEC. 504. PLAN.

    The Secretary, acting through the Director, shall, in consultation 
with the Association, the Council, the Federal Review Panel, and the 
State panels, prepare a plan for the High Plains Aquifer Hydrogeologic 
Characterization, Mapping, Modeling and Monitoring Program. The plan 
shall address overall priorities for the Program and a management 
structure and Program operations, including the role and 
responsibilities of the United States Geological Survey and the States 
in the Program, and mechanisms for identifying priorities for the 
Federal component and the State component.

SEC. 505. REPORTING REQUIREMENTS.

    (a) Report on Program Implementation.--One year after the date of 
enactment of this title, and every 2 years thereafter through fiscal 
year 2011, the Secretary shall submit a report on the status of 
implementation of the Program established by this Act to the Committee 
on Energy and Natural Resources of the Senate, the Committee on 
Resources of the House of Representatives, and the Governors of the 
High Plains Aquifer States. The initial report submitted by the 
Secretary shall contain the plan required by section 504.
    (b) Report on High Plains Aquifer.--One year after the date of 
enactment of this title and every year thereafter through fiscal year 
2011, the Secretary shall submit a report to the Committee on Energy 
and Natural Resources of the Senate, the Committee on Resources of the 
House of Representatives, and the Governors of the High Plains Aquifer 
States on the status of the High Plains Aquifer, including aquifer 
recharge rates, extraction rates, saturated thickness, and water table 
levels.
    (c) Role of Federal Review Panel.--The Federal Review Panel shall 
be given an opportunity to review and comment on the reports required 
by this section.

SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 2003 through 2011 to carry out 
this title.

            TITLE VI--CALFED BAY-DELTA PROGRAM AUTHORIZATION

SEC. 601. CALFED BAY-DELTA PROGRAM.

    (a) The Secretary of the Interior and the heads of the other 
Federal agencies may participate in the Calfed Bay-Delta Authority 
established by the California Bay-Delta Authority Act (2002 Cal. Stat. 
Chap. 812) to the extent not inconsistent with other law.
    (b) During each of the fiscal years 2003 through 2005, the 
Secretary of the Interior and the heads of other Federal agencies 
identified in the Record of Decision of August 28, 2000, are also 
authorized to carry out aspects of the Calfed Bay-Delta Program for 
which Federal funds are appropriated.

         TITLE VII--T'UF SHUR BIEN PRESERVATION TRUST AREA ACT

SEC. 701. SHORT TITLE.

    This Act may be cited as the ``T'uf Shur Bien Preservation Trust 
Area Act''.

SEC. 702. FINDING AND STATEMENT OF PURPOSE.

    (a) Finding.--The Congress finds that in 1748, the Pueblo of Sandia 
received a grant from a representative of the King of Spain, which 
grant was recognized and confirmed by Congress in 1858 (11 Stat. 374). 
In 1994, the Pueblo filed a lawsuit against the Secretary of the 
Interior and the Secretary of Agriculture in the United States District 
Court for the District of Columbia, Civil No. 1:94CV02624, asserting 
that Federal surveys of the grant boundaries erroneously excluded 
certain lands within the Cibola National Forest, including a portion of 
the Sandia Mountain Wilderness.
    (b) Purposes.--The purposes of this Act are to--
            (1) establish the T'uf Shur Bien Preservation Trust Area in 
        the Cibola National Forest;
            (2) confirm the status of National Forest and Wilderness 
        lands in the Area while resolving issues associated with the 
        Pueblo's lawsuit and the opinions of the Solicitor of the 
        Department of the Interior dated December 9, 1988 (M-36963; 96 
        I.D. 331) and January 19, 2001 (M-37002); and
            (3) provide the Pueblo, parties involved in the litigation, 
        and the public with a fair and just settlement of the Pueblo's 
        claim.

SEC. 703. DEFINITIONS.

    For purposes of this Act:
    (a) Area.--The term ``Area'' means the T'uf Shur Bien Preservation 
Trust Area as depicted on the map, and excludes the subdivisions, 
Pueblo-owned lands, the crest facilities, and the special use permit 
lands as set forth in this Act.
    (b) Crest Facilities.--The term ``crest facilities'' means all 
facilities and developments located on the crest of Sandia Mountain, 
including the Sandia Crest Electronic Site; electronic site access 
roads; the Crest House; the upper terminal, restaurant, and related 
facilities of Sandia Peak Tram Company; the Crest Observation Area; 
parking lots; restrooms; the Crest Trail (Trail No. 130); hang glider 
launch sites; and the Kiwanis cabin; as well as the lands upon which 
such facilities are located and the lands extending 100 feet along 
terrain to the west of each such facility, unless a different distance 
is agreed to in writing between the Forest Service and the Pueblo and 
documented in the survey of the Area.
    (c) Existing Uses and Activities.--The term ``existing uses and 
activities'' means uses and activities occurring in the Area on the 
date of enactment of this Act, or which have been authorized in the 
Area after November 1, 1995 but before the date of enactment of this 
Act.
    (d) Forest Service.--The term ``Forest Service'' means the United 
States Forest Service.
    (e) La Luz Tract.--The term ``La Luz tract'' means that tract 
comprised of approximately 31 acres of land owned in fee by the Pueblo 
and depicted on the map.
    (f) Local Public Bodies.--The term ``local public bodies'' means 
political subdivisions of the State of New Mexico as defined in New 
Mexico Code Sec. 6-5-1.
    (g) Map.--The term ``map'' means the Forest Service map entitled 
``T'uf Shur Bien Preservation Trust Area'', dated April 2000.
    (h) Modified Uses or Activities.--The term ``modified uses or 
activities'' means existing uses which are being modified or re-
configured, but which are not being significantly expanded, including a 
trail or trailhead being modified, such as to accommodate handicapped 
access, a parking area being reconfigured though not expanded, or a 
special use authorization for a group recreation activity being 
authorized for a different use area or time period.
    (i) New Uses or Activities.--The term ``new uses or activities'' 
means uses or activities not occurring in the Area on the date of 
enactment of this Act, as well as existing uses or activities that are 
being modified such that they significantly expand or alter their 
previous scope, dimensions, or impacts on the land, water, air and/or 
wildlife resources of the Area. New uses and activities do not apply to 
new uses or activities that are categorically excluded from 
documentation requirements pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or to activities 
undertaken to comply with the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.).
    (j) Piedra Lisa Tract.--The term ``Piedra Lisa tract'' means that 
tract comprised of approximately 160 acres of land held in private 
ownership and depicted on the map.
    (k) Pueblo.--The term ``Pueblo'' means the Pueblo of Sandia in its 
governmental capacity.
    (l) Secretary.--The term ``Secretary'' means the Secretary of 
Agriculture, except where otherwise expressly indicated.
    (m) Settlement Agreement.--The term ``Settlement Agreement'' means 
the Agreement of Compromise and Settlement dated April 4, 2000, between 
the United States, the Pueblo, and the Sandia Peak Tram Company.
    (n) Special Use Permit.--The term ``special use permit'' means the 
December 1, 1993, Special Use Permit issued by the Forest Service to 
Sandia Peak Tram Company and Sandia Peak Ski Company, encompassing 
approximately 46 acres of the corridor presently dedicated to aerial 
tramway use, and approximately 945 acres of the ski area, as well as 
the lands described generally in Exhibit A to the December 31, 1993, 
Special Use Permit, including the maintenance road to the lower tram 
tower, water storage and distribution facilities, seven helispots, and 
the other lands described therein.
    (o) Subdivisions.--The term ``subdivisions'' means the subdivisions 
of Sandia Heights Addition, Sandia Heights North Units I, II, and 3, 
Tierra Monte, Valley View Acres, and Evergreen Hills, as well as any 
additional plats and privately owned properties depicted on the map.
    (p) Traditional and Cultural Uses.--The terms ``traditional and 
cultural uses'' and ``traditional and cultural purposes'' mean 
ceremonial activities, including the placing of ceremonial materials in 
the Area, and the use, hunting, trapping or gathering of plants, 
animals, wood, water, and other natural resources, but only for 
noncommercial purposes.

SEC. 704. T'UF SHUR BIEN PRESERVATION TRUST AREA.

    (a) Establishment.--The T'uf Shur Bien Preservation Trust Area is 
established within the Cibola National Forest and the Sandia Mountain 
Wilderness as depicted on the map--
            (1) to recognize and protect in perpetuity the Pueblo's 
        rights and interests in and to the Area, as specified in 
        section 705(a) of this Act;
            (2) to preserve in perpetuity the Wilderness and National 
        Forest character of the Area; and
            (3) to recognize and protect in perpetuity the public's 
        longstanding use and enjoyment of the Area.
    (b) Administration and Applicable Law.--The Secretary, acting 
through the Forest Service, shall continue to administer the Area as 
part of the National Forest System and incorporate the provisions of 
this Act affecting management of the Area, including section 705(a)(3) 
and section 707.
    (c) Exceptions.--(1) Traditional and cultural uses by Pueblo 
members and members of other federally recognized Indian tribes 
authorized to use the Area by the Pueblo under section 705(a)(4) of 
this Act shall not be restricted except by the Wilderness Act and its 
regulations as they exist on the date of enactment of this Act and by 
applicable Federal wildlife protection laws as provided in section 
706(a)(2) of this Act.
    (2) To the extent that laws enacted or amended after the date of 
this Act are inconsistent with this Act, they shall not apply to the 
Area unless expressly made applicable by Congress.
    (3) The use of the word ``Trust'' in the name of the Area is in 
recognition of the Pueblo's specific rights and interests in the Area, 
and does not confer upon the Pueblo the ownership interest that exists 
when the Secretary of the Interior accepts the title to land in trust 
for the benefit of an Indian tribe.
    (d) Area Defined.--(1) The Area shall be comprised of approximately 
9,890 acres of land within the Cibola National Forest as depicted on 
the map.
    (2) As soon as practicable after enactment of this Act, the 
Secretary shall file the map and a legal description of the Area with 
the Committee on Resources of the House of Representatives and with the 
Committee on Energy and Natural Resources of the Senate. The map and 
legal description shall be on file and available for public inspection 
in the Office of the Chief of the Forest Service, Department of 
Agriculture, Washington, District of Columbia.
    (3) Such map and legal description shall have the same force and 
effect as if included in this Act, except that--
            (A) clerical and typographical errors shall be corrected;
            (B) changes that may be necessary pursuant to sections 
        709(b), 709(d), 709(e), 714(c), and 714(d) shall be made; and
            (C) to the extent the map and the language of this Act 
        conflict, the language of the Act controls.
    (e) No Conveyance of Title.--The United States right, title and 
interest in or to the Area or any part thereof shall not be conveyed to 
or exchanged with any person, trust, or governmental entity, including 
the Pueblo, without specific authorization of Congress.
    (f) Prohibited Uses.--Notwithstanding any other provision of law, 
no use prohibited by the Wilderness Act as of the date of enactment of 
this Act may occur in the Wilderness portion of the Area; nor may any 
of the following uses occur in any portion of the Area: Gaming or 
gambling of any kind, mineral production, timber production, and new 
uses or activities to which the Pueblo objects pursuant to section 
705(a)(3) of this Act. The Area is closed to the location of mining 
claims under the Mining Law of 1872 (30 U.S.C. Sec. 22).
    (g) No Modification of Boundaries.--Creation of the T'uf Shur Bien 
Preservation Trust Area shall not affect the boundaries of, nor repeal 
or disestablish the Sandia Mountain Wilderness or the Cibola National 
Forest. Establishment of the Area does not in any way modify the 
existing boundary of the Pueblo grant.

SEC. 705. PUEBLO OF SANDIA RIGHTS AND INTERESTS IN THE AREA.

    (a) General.--The Pueblo shall have the following rights and 
interests in the Area:
            (1) free and unrestricted access to the Area for 
        traditional and cultural uses to the extent not inconsistent 
        with the Wilderness Act and its regulations as they exist on 
        the date of enactment of this Act and with applicable Federal 
        wildlife protection laws as provided in section 706(a)(2);
            (2) perpetual preservation of the Wilderness and National 
        Forest character of the Area under this Act;
            (3) rights in the management of the Area as set forth in 
        section 707, which include--
                    (A) the right to consent or withhold consent to new 
                uses;
                    (B) the right to consultation regarding modified 
                uses;
                    (C) the right to consultation regarding the 
                management and preservation of the Area; and
                    (D) the right to dispute resolution procedures;
            (4) exclusive authority, in accordance with its customs and 
        laws, to administer access to the Area for traditional and 
        cultural uses by members of the Pueblo and of other federally 
        recognized Indian tribes; and
            (5) such other rights and interests as are enumerated and 
        recognized in sections 704, 705(c), 707, 708, and 709.
    (b) Limitation.--Except as provided in subsection (a)(4), access to 
and use of the Area for all other purposes shall continue to be 
administered by the Secretary through the Forest Service.
    (c) Compensable Interest.--(1) If, by an Act of Congress enacted 
subsequent to the effective date of this Act, Congress diminishes the 
Wilderness and National Forest designation of the Area by authorizing a 
use prohibited by section 704(f) in all or any portion of the Area, or 
denies the Pueblo access for any traditional and cultural uses in all 
or any portion of the Area, the United States shall compensate the 
Pueblo as if the Pueblo had held a fee title interest in the affected 
portion of the Area and as though the United States had acquired such 
interest by legislative exercise of its power of eminent domain, and 
the restrictions of sections 704(f) and 706(a) shall be disregarded in 
determining just compensation owed to the Pueblo.
    (2) Any compensation made to the Pueblo pursuant to subsection 
(c)(1) does not in any way affect the extinguishment of claims set 
forth in section 710.

SEC. 706. LIMITATIONS ON PUEBLO OF SANDIA RIGHTS AND INTERESTS IN THE 
              AREA.

    (a) Limitations.--The Pueblo's rights and interests recognized in 
this Act do not include--
            (1) any right to sell, grant, lease, convey, encumber or 
        exchange lands in the Area, or any right or interest therein, 
        and any such conveyance shall not have validity in law or 
        equity;
            (2) any exemption from applicable Federal wildlife 
        protection laws;
            (3) any right to engage in any activity or use prohibited 
        in section 704(f); or
            (4) any right to exclude persons or governmental entities 
        from the Area.
    (b) Exception.--No person who exercises traditional and cultural 
use rights as authorized in section 705(a)(4) of this Act may be 
prosecuted for a Federal wildlife offense requiring proof of a 
violation of a State law or regulation.

SEC. 707. MANAGEMENT OF THE AREA.

    (a) Process.--
            (1) General.--
                    (A) The Forest Service shall consult with the 
                Pueblo of Sandia not less than twice a year, unless 
                otherwise mutually agreed, concerning protection, 
                preservation, and management of the Area, including 
                proposed new and modified uses and activities in the 
                Area and authorizations that are anticipated during the 
                next 6 months and approved in the preceding 6 months.
            (2) New uses and activities.--(A) If after consultation the 
        Pueblo of Sandia denies its consent for a new use or activity 
        within 30 days of the consultation, the Forest Service will not 
        be authorized to proceed with the activity or use. If the 
        Pueblo consents to the new use or activity in writing or fails 
        to respond within 30 days, the Forest Service may proceed with 
        the notice and comment process and the environmental analysis.
            (B) Before the Forest Service signs a Record of Decision 
        (ROD) or Decision Notice (DN) for a proposed use or activity, 
        the Forest Service will again request Pueblo consent within 30 
        days of the Pueblo's receipt of the proposed ROD or DN. If the 
        Pueblo refuses to consent, the activity or use will not be 
        authorized. If the Pueblo fails to respond to the consent 
        request within 30 days after the proposed ROD or DN is provided 
        to the Pueblo, the Pueblo will be deemed to have consented to 
        the proposed ROD or DN and the Forest Service may proceed to 
        issue the final ROD or DN.
            (3) Public involvement.--For proposed new and modified uses 
        and activities, the public shall be provided notice of--
                    (A) the purpose and need for the proposed action or 
                activity,
                    (B) the Pueblo's role in the decision-making 
                process, and
                    (C) the Pueblo's position on the proposal.
            Any person may file an action in the United States District 
        Court for the District of New Mexico to challenge Forest 
        Service determinations of what constitutes a new or a modified 
        use or activity.
    (b) Emergencies and Emergency Closure Orders.--The Forest Service 
shall retain its existing authorities to manage emergency situations, 
to provide for public safety, and to issue emergency closure orders in 
the Area subject to applicable law. The Forest Service shall notify the 
Pueblo of Sandia regarding emergencies, public safety issues, and 
emergency closure orders as soon as possible. Such actions are not 
subject to the Pueblo's right to withhold consent to new uses in the 
Area as set forth in section 705(a)(3)(A).
    (c) Disputes Involving Forest Service Management and Pueblo 
Traditional Uses.--
            (1) General.--In the event that Forest Service management 
        of the Area and Pueblo traditional and cultural uses conflict, 
        and the conflict does not pertain to new or modified uses 
        subject to the process set forth in subsection (a), the process 
        for dispute resolution set forth in this subsection shall take 
        effect.
            (2) Dispute resolution process.--(A) When there is a 
        dispute between the Pueblo and the Forest Service regarding 
        Pueblo traditional and cultural use and Forest Service 
        management of the Area, the party identifying the dispute shall 
        notify the other party in writing addressed to the Governor of 
        the Pueblo or the Regional Forester respectively, setting forth 
        the nature of the dispute. The Regional Forester or designee 
        and the Governor of the Pueblo or designee shall attempt to 
        resolve the dispute for no less than 30 days after notice has 
        been provided before filing an action in United States District 
        Court for the District of New Mexico.
                    (B) Disputes requiring immediate resolution.--In 
                the event of a conflict that requires immediate 
                resolution to avoid imminent, substantial and 
                irreparable harm, the party alleging such conflict 
                shall notify the other party and seek to resolve the 
                dispute within 3 days of the date of notification. If 
                the parties are unable to resolve the dispute within 3 
                days, either party may file an action for immediate 
                relief in the United States District Court for the 
                District of New Mexico, and the procedural exhaustion 
                requirements set forth above shall not apply.

SEC. 708. JURISDICTION OVER THE AREA.

    (a) Criminal Jurisdiction.--Notwithstanding any other provision of 
law, jurisdiction over crimes committed in the Area shall be allocated 
as follows:
            (1) To the extent that the allocations of criminal 
        jurisdiction over the Area under paragraphs (2), (3), and (4) 
        of this subsection are overlapping, they should be construed to 
        allow for the exercise of concurrent criminal jurisdiction.
            (2) The Pueblo shall have jurisdiction over crimes 
        committed by its members or by members of another federally 
        recognized Indian tribe who are present in the Area with the 
        Pueblo's permission pursuant to section 705(a)(4).
            (3) The United States shall have jurisdiction over--
                    (A) the offenses listed in section 1153 of title 
                18, United States Code, including any offenses added to 
                the list in that statute by future amendments thereto, 
                when such offenses are committed by members of the 
                Pueblo and other federally recognized Indian tribes;
                    (B) crimes committed by any person in violation of 
                laws and regulations pertaining to the protection and 
                management of National Forests;
                    (C) enforcement of Federal criminal laws of general 
                applicability; and
                    (D) any other offense committed by a member of the 
                Pueblo against a nonmember of the Pueblo. Any offense 
                which is not defined and punished by Federal law in 
                force within the exclusive jurisdiction of the United 
                States shall be defined and punished in accordance with 
                the laws of the State of New Mexico.
            (4) The State of New Mexico shall have jurisdiction over 
        any crime under its laws committed by a person not a member of 
        the Pueblo.
    (b) Civil Jurisdiction.--(1) Except as provided in paragraphs (2), 
(3), (4), and (5), the United States, the State of New Mexico, and 
local public bodies shall have the same civil adjudicatory, regulatory, 
and taxing jurisdiction over the Area as they exercised prior to the 
enactment of this Act.
    (2) The Pueblo shall have exclusive civil adjudicatory jurisdiction 
over--
            (A) disputes involving only members of the Pueblo;
            (B) civil actions brought by the Pueblo against members of 
        the Pueblo; and
            (C) civil actions brought by the Pueblo against members of 
        other federally recognized Indian tribes for violations of 
        understandings between the Pueblo and that member's tribe 
        regarding use or access to the Area for traditional and 
        cultural purposes.
    (3) The Pueblo shall have no regulatory jurisdiction over the Area 
with the exception of--
            (A) exclusive authority to regulate traditional and 
        cultural uses by the Pueblo's own members and to administer 
        access to the Area by other federally recognized Indian tribes 
        for traditional and cultural uses, to the extent such 
        regulation is consistent with this Act; and
            (B) the Pueblo shall have exclusive authority to regulate 
        hunting and trapping in the Area by its members that is related 
        to traditional and cultural purposes: Provided, That any 
        hunting and trapping conducted by Pueblo members as a 
        traditional and cultural use within the Area, excluding that 
        part of the Area contained within Sections 13, 14, 23, 24, and 
        the northeast quarter of Section 25 of T12N, R4E, and Section 
        19 of T12N, R5E, N.M.P.M., Sandoval County, New Mexico, shall 
        be regulated by the Pueblo in a manner consistent with the 
        regulations of the State of New Mexico concerning types of 
        weapons and proximity of hunting and trapping to trails and 
        residences.
    (4) The Pueblo shall have no authority to impose taxes within the 
Area.
    (5) The State of New Mexico and local public bodies shall have no 
authority within the Area to tax the activities or the property of the 
Pueblo, its members, or members of other federally recognized Indian 
tribes authorized to use the Area under section 705(a)(4) of this Act.

SEC. 709. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

    (a) Subdivisions.--The subdivisions are excluded from the Area. The 
Pueblo shall have no civil or criminal jurisdiction for any purpose, 
including adjudicatory, taxing, zoning, regulatory or any other form of 
jurisdiction, over the subdivisions and property interests therein, and 
the laws of the Pueblo shall not apply to the subdivisions. The 
jurisdiction of the State of New Mexico and local public bodies over 
the subdivisions and property interests therein shall continue in 
effect, except that upon application of the Pueblo a tract comprised of 
approximately 35 contiguous, nonsubdivided acres in the northern 
section of Evergreen Hills owned in fee by the Pueblo at the time of 
enactment of this Act, shall be transferred to the United States and 
held in trust for the Pueblo by the United States and administered by 
the Secretary of the Interior. Such trust land shall be subject to all 
limitations on use pertaining to the Area contained in this Act.
    (b) Piedra Lisa.--The Piedra Lisa tract is excluded from the Area 
notwithstanding any subsequent acquisition of the tract by the Pueblo. 
If the Secretary or the Pueblo acquires the Piedra Lisa tract, the 
tract shall be transferred to the United States and is hereby declared 
to be held in trust for the Pueblo by the United States and 
administered by the Secretary of the Interior subject to all 
limitations on use pertaining to the Area contained in this Act. The 
restriction contained in section 706(a)(4) shall not apply outside of 
Forest Service System trails. Until acquired by the Secretary or 
Pueblo, the jurisdiction of the State of New Mexico and local public 
bodies over the Piedra Lisa tract and property interests therein shall 
continue in effect.
    (c) Crest Facilities.--The lands on which the crest facilities are 
located are excluded from the Area. The Pueblo shall have no civil or 
criminal jurisdiction for any purpose, including adjudicatory, taxing, 
zoning, regulatory or any other form of jurisdiction, over the lands on 
which the crest facilities are located and property interests therein, 
and the laws of the Pueblo shall not apply to those lands. The pre-
existing jurisdictional status of those lands shall continue in effect.
    (d) Special Use Permit Area.--The lands described in the special 
use permit are excluded from the Area. The Pueblo shall have no civil 
or criminal jurisdiction for any purpose, including adjudicatory, 
taxing, zoning, regulatory, or any other form of jurisdiction, over the 
lands described in the special use permit, and the laws of the Pueblo 
shall not apply to those lands. The pre-existing jurisdictional status 
of these lands shall continue in effect. In the event the special use 
permit, during its existing term or any future terms or extensions, 
requires amendment to include other lands in the Area necessary to 
realign the existing or any future replacement tram line, associated 
structures, or facilities, the lands subject to that amendment shall 
thereafter be excluded from the Area and shall have the same status 
under this Act as the lands currently described in the special use 
permit. Any lands dedicated to aerial tramway and related uses and 
associated facilities that are excluded from the special use permit 
through expiration, termination or the amendment process shall 
thereafter be included in the Area but only after final agency action 
is no longer subject to any appeals.
    (e) La Luz Tract.--The La Luz tract now owned in fee by the Pueblo 
is excluded from the Area and upon application by the Pueblo shall be 
transferred to the United States and held in trust for the Pueblo by 
the United States and administered by the Secretary of the Interior 
subject to all limitations on use pertaining to the Area contained in 
this Act. The restriction contained in section 706(a)(4) shall not 
apply outside of Forest Service System trails.
    (f) Evergreen Hills Access.--The Secretary, consistent with section 
1323(a) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3210), shall ensure that Forest Service Road 333D, as depicted 
on the map, is maintained in an adequate condition consistent with the 
terms of section 1323(a) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3210).
    (g) Pueblo Fee Lands.--Those properties not specifically addressed 
in subsections (a) or (e) of this section that are owned in fee by the 
Pueblo within the subdivisions are excluded from the Area and shall be 
subject to the jurisdictional provisions of subsection (a) of this 
section.
    (h) Rights-of-Way.--
            (1) Road rights-of-way.--(A) In accordance with the Pueblo 
        having given its consent in the Settlement Agreement, the 
        Secretary of the Interior shall grant to the County of 
        Bernalillo, New Mexico, in perpetuity, the following 
        irrevocable rights-of-way for roads identified on the map in 
        order to provide for public access to the subdivisions, the 
        special use permit land and facilities, the other leasehold and 
        easement rights and interests of the Sandia Peak Tram Company 
        and its affiliates, the Sandia Heights South Subdivision, and 
        the Area--
                    (i) a right-of-way for Tramway Road;
                    (ii) a right-of-way for Juniper Hill Road North;
                    (iii) a right-of-way for Juniper Hill Road South;
                    (iv) a right-of-way for Sandia Heights Road; and
                    (v) a right-of-way for Juan Tabo Canyon Road 
                (Forest Road No. 333).
            (B) The road rights-of-way shall be subject to the 
        following conditions:
                    (i) Such rights-of-way may not be expanded or 
                otherwise modified without the Pueblo's written 
                consent, but road maintenance to the rights-of-way 
                shall not be subject to Pueblo consent;
                    (ii) The rights-of-way shall not authorize uses for 
                any purpose other than roads without the Pueblo's 
                written consent.
                    (iii) Except as provided in the Settlement 
                Agreement, existing rights-of-way or leasehold 
                interests and obligations held by the Sandia Peak Tram 
                Company and its affiliates, shall be preserved, 
                protected, and unaffected by this Act.
            (2) Utility rights-of-way.--In accordance with the Pueblo 
        having given its consent in the Settlement Agreement, the 
        Secretary of the Interior shall grant irrevocable utility 
        rights-of-way in perpetuity across Pueblo lands to appropriate 
        utility or other service providers serving Sandia Heights 
        Addition, Sandia Heights North Units I, II, and 3, the special 
        use permit lands, Tierra Monte, and Valley View Acres, 
        including rights-of-way for natural gas, power, water, 
        telecommunications, and cable television services. Such rights-
        of-way shall be within existing utility corridors as depicted 
        on the map or, for certain water lines, as described in the 
        existing grant of easement to the Sandia Peak Utility Company: 
        Provided, That use of water line easements outside the utility 
        corridors depicted on the map shall not be used for utility 
        purposes other than water lines and associated facilities. 
        Except where above-ground facilities already exist, all new 
        utility facilities shall be installed underground unless the 
        Pueblo agrees otherwise. To the extent that enlargement of 
        existing utility corridors is required for any technologically-
        advanced telecommunication, television, or utility services, 
        the Pueblo shall not unreasonably withhold agreement to a 
        reasonable enlargement of the easements described above.
    (i) Forest Service Rights-of-Way.--In accordance with the Pueblo 
having given its consent in the Settlement Agreement, the Secretary of 
the Interior shall grant to the Forest Service the following 
irrevocable rights-of-way in perpetuity for Forest Service trails 
crossing land of the Pueblo in order to provide for public access to 
the Area and through Pueblo lands--
            (1) a right-of-way for a portion of the Crest Spur Trail 
        (Trail No. 84), crossing a portion of the La Luz tract, as 
        identified on the map;
            (2) a right-of-way for the extension of the Foothills Trail 
        (Trail No. 365A), as identified on the map; and
            (3) a right-of-way for that portion of the Piedra Lisa 
        North-South Trail (Trail No. 135) crossing the Piedra Lisa 
        tract, if the Pueblo ever acquires the Piedra Lisa tract.

SEC. 710. EXTINGUISHMENT OF CLAIMS.

    (a) General.--Except for the rights and interests in and to the 
Area specifically recognized in sections 704, 705, 707, 708, and 709, 
all Pueblo claims to right, title and interest of any kind, including 
aboriginal claims, in and to lands within the Area, any part thereof, 
and property interests therein, as well as related boundary, survey, 
trespass, and monetary damage claims, are hereby permanently 
extinguished. The United States title to the Area is hereby confirmed.
    (b) Subdivisions.--Any Pueblo claims to right, title and interest 
of any kind, including aboriginal claims, in and to the subdivisions 
and property interests therein (except for land owned in fee by the 
Pueblo as of the date of enactment of this Act), as well as related 
boundary, survey, trespass, and monetary damage claims, are hereby 
permanently extinguished.
    (c) Special Use and Crest Facilities Areas.--Any Pueblo right, 
title and interest of any kind, including aboriginal claims, and 
related boundary, survey, trespass, and monetary damage claims, are 
hereby permanently extinguished in and to--
            (1) the lands described in the special use permit; and
            (2) the lands on which the crest facilities are located.
    (d) Pueblo Agreement.--As provided in the Settlement Agreement, the 
Pueblo has agreed to the relinquishment and extinguishment of those 
claims, rights, titles and interests extinguished pursuant to 
subsection (a), (b) and (c) of this section.
    (e) Consideration.--The recognition of the Pueblo's rights and 
interests in this Act constitutes adequate consideration for the 
Pueblo's agreement to the extinguishment of the Pueblo's claims in this 
section and the right-of-way grants contained in section 709, and it is 
the intent of Congress that those rights and interests may only be 
diminished by a future Act of Congress specifically authorizing 
diminishment of such rights, with express reference to this Act.

SEC. 711. CONSTRUCTION.

    (a) Strict Construction.--This Act recognizes only enumerated 
rights and interests, and no additional rights, interests, obligations, 
or duties shall be created by implication.
    (b) Existing Rights.--To the extent there exists within the Area at 
the time of enactment of this Act any valid private property rights 
associated with the Piedra Lisa tract or other private lands that are 
not otherwise addressed in this Act, such rights are not modified or 
otherwise affected by this Act, nor is the exercise of any such right 
subject to the Pueblo's right to withhold consent to new uses in the 
Area as set forth in section 705(a)(3)(A).
    (c) Not Precedent.--The provisions of this Act creating certain 
rights and interests in the National Forest System are uniquely suited 
to resolve the Pueblo's claim and the geographic and societal situation 
involved, and shall not be construed as precedent for any other 
situation involving management of the National Forest System.
    (d) Fish and Wildlife.--Except as provided in section 708(b)(3), 
nothing in this Act shall be construed as affecting the 
responsibilities of the State of New Mexico with respect to fish and 
wildlife, including the regulation of hunting, fishing, or trapping 
within the Area.
    (e) Federal Land Policy and Management Act.--Section 316 (43 U.S.C. 
1746) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) is amended by adding the following sentence at the end 
thereof: ``Any corrections authorized by this section which affect the 
boundaries of, or jurisdiction over, lands administered by another 
Federal agency shall be made only after consultation with, and the 
approval of, the head of such other agency.''.

SEC. 712. JUDICIAL REVIEW.

    (a) Enforcement.--Suit to enforce the provisions of this Act may be 
brought to the extent permitted under chapter 7 of title 5, United 
States Code. Judicial review shall be based upon the administrative 
record and subject to the applicable standard of review set forth in 
section 706 of title 5.
    (b) Waiver.--Suit may be brought against the Pueblo for declaratory 
judgment or injunctive relief under this Act, but no money damages, 
including costs or attorney's fees, may be imposed on the Pueblo as a 
result of such judicial action.
    (c) Venue.--Venue for any suit provided for in this section, as 
well as any suit to contest the constitutionality of this Act, shall 
lie only in the United States District Court for the District of New 
Mexico.

SEC. 713. EFFECTIVE DATE.

    The provisions of this Act shall take effect immediately upon 
enactment of this Act.

SEC. 714. AUTHORIZATION OF APPROPRIATIONS AND RELATED AUTHORITIES.

    (a) General.--There are hereby authorized to be appropriated such 
sums as may be necessary to carry out this Act, including such sums as 
may be necessary for the Forest Service to acquire ownership of, or 
other interest in, lands within the external boundaries of the Area as 
authorized in subsection (d).
    (b) Contributions.--(1) The Secretary is authorized to accept 
contributions from the Pueblo, or from other persons or governmental 
entities, to perform and complete a survey of the Area, or otherwise 
for the benefit of the Area in accordance with this Act.
    (2) The Secretary shall complete a survey of the Area within 1 year 
of the date of enactment of this Act.
    (c) Land Exchange.--Within 180 days after the date of enactment of 
this Act, after consultation with the Pueblo, the Secretary is directed 
in accordance with applicable laws to prepare and offer a land exchange 
of National Forest lands outside the Area and contiguous to the 
northern boundary of the Pueblo's Reservation within sections 10, 11, 
and 14 of T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding 
Wilderness land, for lands 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. Notwithstanding section 206(b) 
of the Federal Land Policy and Management Act (43 U.S.C. 1716(b)), the 
Secretary may either make or accept a cash equalization payment in 
excess of 25 percent of the total value of the lands or interests 
transferred out of Federal ownership. Any funds received by the 
Secretary as a result of the exchange shall be deposited in the fund 
established under the Act of December 4, 1967, known as the Sisk Act 
(16 U.S.C. 484a), and shall be available to purchase non-Federal lands 
within or adjacent to the National Forests in the State of New Mexico. 
All lands exchanged or conveyed to the Pueblo are hereby 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 remain in their natural state and shall not be subject to 
commercial development of any kind. Lands exchanged or conveyed to the 
Forest Service shall be subject to all limitations on use pertaining to 
the Area under this Act. If the land exchange offer is not made within 
180 days after the date of enactment of this Act, 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.
    (d) Land Acquisition.--(1) The Secretary is authorized to acquire 
lands owned by the Pueblo within the Evergreen Hills Subdivision in 
Sandoval County or any other privately held lands inside of the 
exterior boundaries of the Area. The boundaries of the Cibola National 
Forest and the Area shall be adjusted to encompass any lands acquired 
pursuant to this section.
            (2) In the event the Pueblo acquires the Piedra Lisa tract, 
        the Secretary shall compensate the Pueblo for the fair market 
        value of--
                    (A) the right-of-way established pursuant to 
                section 709(i)(3); and
                    (B) the conservation easement established by the 
                limitations on use of the Piedra Lisa tract pursuant to 
                section 709(b).
    (e) Reimbursement of Certain Costs.--(1) The Pueblo, the County of 
Bernalillo, New Mexico, and any person who owns or has owned property 
inside of the exterior boundaries of the Area as designated on the map, 
and who has incurred actual and direct costs as a result of 
participating in the case of Pueblo of Sandia v. Babbitt, Civ. No. 94-
2624 HHG (D.D.C.), or other proceedings directly related to resolving 
the issues litigated in that case, may apply for reimbursement in 
accordance with this section. Costs directly related to such 
participation which shall qualify for reimbursement shall be--
            (A) dues or payments to a homeowner association for the 
        purpose of legal representation; and
            (B) legal fees and related expenses.
    (2) The reimbursement provided in this subsection shall be in lieu 
of that which might otherwise be available pursuant to the Equal Access 
to Justice Act (24 U.S.C. 2412).
    (3) The Secretary of the Treasury is authorized and directed to 
make reimbursement payments as provided in this section out of any 
money not otherwise appropriated.
    (4) Applications for reimbursement shall be filed within 180 days 
of the date of enactment of this Act with the Department of the 
Treasury, Financial Management Service, Washington, District of 
Columbia.
    (5) In no event shall any one party be compensated in excess of 
$750,000 and the total amount reimbursed pursuant to this section shall 
not exceed $3,000,000.

            Passed the Senate November 20 (legislative day, November 
      19), 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 2556

_______________________________________________________________________

                                 AN ACT

To authorize the Secretary of the Interior to convey certain facilities 
   to the Fremont-Madison Irrigation District in the State of Idaho.

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