[House Report 108-717]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-717
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OJITO WILDERNESS ACT
_______
October 4, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3176]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3176) to designate the Ojito Wilderness Study Area as
wilderness, to take certain land into trust for the Pueblo of
Zia, and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ojito Wilderness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(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) Map.--The term ``map'' means the map entitled ``Ojito
Wilderness Act'' and dated September 8, 2004.
(5) Wilderness.--The term ``Wilderness'' means the Ojito
Wilderness designated under section 3(a).
SEC. 3. 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 a component of the National Wilderness Preservation
System, certain land in the Albuquerque District-Bureau of Land
Management, New Mexico, which comprise 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 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 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 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 the 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 and
shall be managed in accordance with this Act and other laws applicable
to the Wilderness:
(1) Section 12 of township 15 north, range 01 west, New
Mexico Principal Meridian.
(2) Any land within the boundaries of the Wilderness.
(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 if
the United States acquires, or alternative adequate access is available
to section 12 of township 15 north, range 01 west.
(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 (16 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, where
established before the date of the 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.--Nothing in this section shall affect any existing valid
water right.
(j) Withdrawal.--Subject to valid existing rights, the Wilderness,
the lands to be added under subsection (e), and lands authorized to be
acquired by the Pueblo as generally depicted on the map 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 the enactment
of this Act, the Secretary shall seek to complete an exchange for State
land within the boundaries of the Wilderness.
SEC. 4. LAND HELD IN TRUST.
(a) In General.--Subject to valid existing rights and the conditions
under subsection (d), all right, title, and interest of the United
States in and to the lands (including improvements, appurtenances, and
mineral rights to the lands) generally depicted on the map as ``BLM
Lands Authorized to be Acquired by the Pueblo of Zia'' shall, on
receipt of consideration under subsection (c) and adoption and approval
of regulations under subsection (d), be declared by the Secretary to be
held in trust by the United States for the Pueblo and shall be part of
the Pueblo's Reservation.
(b) Description of Lands.--The boundary of the lands authorized by
this section for acquisition by the Pueblo where generally depicted on
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road
shall be 100 feet from the center line of the road.
(c) Consideration.--
(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 (f)--
(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).
(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 requests for rights-of-way for utilities and
pipelines over land acquired under subsection (a) that
is designated as the Rights-of-Way corridor #1 as
established in the Rio Puerco Resource Management Plan
in effect on the date of the grant.
(B) Administration.--Any right-of-way issued or
renewed after the date of the enactment of this Act
over land authorized to be conveyed by 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 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.
PURPOSE OF THE BILL
The purpose of H.R. 3176 is to designate the Ojito
Wilderness Study Area as wilderness, to take certain lands into
trust for the Pueblo of Zia, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Ojito Wilderness Study Area (WSA), located in Sandoval
County, New Mexico, represents an area of approximately 11,000
acres, which was recommended for wilderness designation by the
Bureau of Land Management's (BLM) New Mexico State Office in
1991. The recommendation was based on its high-quality
wilderness values, extensive cultural resources, both archaic
and several prehistoric sites, other cultural and
paleontological features and the lack of resources conflicts in
the area. H.R. 3176 would designate the entire Ojito WSA as
wilderness, subject to valid existing rights, and would
continue to permit grazing that was established before the
designation.
H.R. 3176 would also transfer certain public lands
(approximately 11,500 acres) located west of, and contiguous
to, the main body of the Pueblo of Zia's current reservation,
to trust status for the Pueblo of Zia to become part of the
Pueblo's reservation. The purpose is to protect its religious
and cultural sites in the area and to consolidate its land
holdings. In 1978 and in 1986, the BLM transferred land to the
Pueblo. H.R. 3176 would allow the Pueblo to acquire all right,
title and interest (including mineral rights) to additional
public land located adjacent to the reservation and the Ojito
WSA. The transfer would be subject to valid existing rights and
continuing right of the public to access the land for
recreational, scientific, educational, paleontological and
conservation uses, subject to regulations adopted by the Pueblo
and approved by the Secretary of the Interior. The use of
motorized vehicles off approved roads, mineral extraction,
housing, gaming, and other commercial enterprises would be
prohibited, and the Pueblo would be required to pay the
Secretary fair market value for the lands.
COMMITTEE ACTION
H.R. 3176 was introduced on September 24, 2003, by
Congressman Tom Udall (D-NM). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks, Recreation and Public Lands. On
July 20, 2003, the Subcommittee held a hearing on the bill. On
September 22, 2004, the Full Resources Committee met to
consider the bill. The Subcommittee was discharged from further
consideration of the bill by unanimous consent. Congressman
Richard Pombo (R-CA) offered and withdrew an amendment that
would have directed the Secretary of the Interior to release
844 acres of land located in the Chamisa WSA determined non-
suitable for wilderness by the Bureau of Land Management.
Congressman Tom Udall then offered an amendment in the nature
of a substitute that made the following changes to the original
text: (1) removed 42 acres from the original wilderness
designation, due to an existing pipeline right-of-way; (2)
clarified the grazing language; (3) added a water rights
provision to address valid existing water rights; (4) addressed
the mineral withdraw concern raised by the Administration; and
(5) ensured private landowner access within the designated
wilderness area. Congressman Pombo offered an amendment to the
Udall amendment to strengthened the water rights provision.
Following discussion on the amendment, Congressman Pombo
withdrew the amendment. The Udall amendment was agreed to by
voice vote. The bill, as amended, was ordered favorably
reported to the Full Committee by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 3176 would increase both offsetting receipts
and direct spending, but it estimates ``that the net change in
direct spending would be negligible.''
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3176--Ojito Wilderness Act
CBO estimates that implementing H.R. 3176 would have no
significant impact on the federal budget. The bill would
increase both offsetting receipts and direct spending, but we
estimate that the net change in direct spending woul be
negligible. Enacting H.R. 3176 would not affect revenues.
H.R. 3176 would designate 11,183 acres of land in New
Mexico as the Ojito Wilderness and would authorize the
Secretary of the Interior, under certain circumstances, to
expand that wilderness to include 118 additional acres of land.
The bill would direct the Secretary to take into trust, on
behalf of the Pueblo of Zia, about 11,500 acres of federal
land. All of the affected federal land would be withdrawn from
programs to develop natural resources. According to the Bureau
of Land Management (BLM), that land currently generates no
significant income from such programs and is not expected to do
so over the next 10 years. Hence, we estimate that the proposed
changes would not significantly affect offsetting receipts (a
credit against direct spending). Based on information from BLM,
we also estimate that any increase in federal spending for land
management, which would be subject to appropriation, would not
exceed $500,000 a year.
In exchange for the Federal land to be taken into trust on
behalf of the Pueblo of Zia, the Pueblo would pay to the
Secretary the fair market value of that land as defined in the
bill. The bill would authorize the Secretary to retain and
spend amounts received from the Pueblo, without further
appropriation, to acquire nonfederal property in New Mexico.
Based on information form BLM, CBO estimates that the proposed
transaction would increase offsetting receipts (a credit
against direct spending) by up to $500,000 in 2005. We also
estimate that those receipts would be largely offset by an
increase in direct spending in the same year, resulting in a
negligible net change in direct spending.
H.R. 3176 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
Enacting this bill would benefit the Pueblo and would have no
significant impact on the budgets of other state, local, or
tribal governments.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.