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16 U.S.C. § 539m–11 — Provisions relating to contributions and land exchange

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 539m–11 — Provisions relating to contributions and land exchange

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–11

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Stable record: federal_law:legal_authorities:record_usc_5787a93f89251e69b9114ab5
Source file: Laws/federal/codes/united-states-code/title-16/section-539m11-provisions-relating-to-contributions-and-land-exchange--88ffa519bd.md
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Source location: Title 16, Chapter 2, § 539m–11; chapter-002-national-forests.md

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**(a) Contributions** (1) **In general** — The Secretary may accept contributions from the Pueblo, or from other persons or governmental entities— (A) to perform and complete a survey of the Area; or (B) to carry out any other project or activity for the benefit of the Area in accordance with sections 539m to 539m–12 of this title. (2) **Deadline** — Not later than 1 year after February 20, 2003, the Secretary shall complete the survey of the Area under paragraph (1)(A). **(b) Land exchange** (1) **In general** — Not later than 180 days after February 20, 2003, after consultation with the Pueblo, the Secretary shall, in accordance with applicable laws, prepare and offer a land exchange of National Forest land outside the Area and contiguous to the northern boundary of the Pueblo’s Reservation within sections 3, 10, 11, and 14 of T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding wilderness land, for land 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. (2) **Acceptance of payment** — Notwithstanding [section 1716(b) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1716/b&num=0&edition=prelim), the Secretary may either make or accept a cash equalization payment in excess of 25 percent of the total value of the land or interests transferred out of Federal ownership. (3) **Funds received** — Any funds received by the Secretary as a result of the exchange shall be deposited in the fund established under [section 484a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section484a&num=0&edition=prelim), and shall be available to purchase non-Federal land within or adjacent to the National Forests in the State of New Mexico. (4) **Treatment of land exchanged or conveyed** — All land exchanged or conveyed to the Pueblo is 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, as a condition of the title to be conveyed, remain in its natural state and shall not be subject to commercial development of any kind. Land exchanged or conveyed to the Forest Service shall be subject to all limitations on use pertaining to the Area under sections 539m to 539m–12 of this title. (5) **Failure to make offer** — If the land exchange offer is not made by the date that is 180 days after February 20, 2003, 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. (6) **Failure to exchange** (A) *In general* — If the land exchange authorized under paragraph (1) is not completed by the date that is 30 days after June 9, 2014, the Secretary, on request of the Pueblo and the Secretary of the Interior, shall transfer the National Forest land generally depicted as “Land to be Held in Trust” on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013, to the Secretary of the Interior to be held in trust by the United States for the Pueblo— (i) subject to the restriction enforced by the Secretary of the Interior that the land remain undeveloped, with the natural characteristics of the land to be preserved in perpetuity; and (ii) consistent with subsection (c). (B) *Other transfers* — After the transfer under subparagraph (A) is complete, the Secretary of the Interior, with the consent of the Pueblo, shall— (i) transfer to the Secretary, consistent with [section 539m–9(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–9/c&num=0&edition=prelim)— (I) the La Luz tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013; and (II) the conservation easement for the Piedra Lisa tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013; and (ii) grant to the Secretary a right-of-way for the Piedra Lisa Trail within the Piedra Lisa tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013. **(c) Land acquisition and other compensation** (1) **In general** — The Secretary may acquire land owned by the Pueblo within the Evergreen Hills Subdivision in Sandoval County or any other privately held land inside of the exterior boundaries of the Area. The boundaries of the Cibola National Forest and the Area shall be adjusted to encompass any land acquired pursuant to this section. (2) **Piedra Lisa tract** — Subject to the availability of appropriations, the Secretary shall compensate the Pueblo for the fair market value of— (A) the right-of-way established pursuant to [section 539m–7(h)(3)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–7/h/3/C&num=0&edition=prelim); and (B) the conservation easement established by the limitations on use of the Piedra Lisa tract pursuant to [section 539m–7(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–7/b/2&num=0&edition=prelim). **(d) Reimbursement of certain costs** (1) **In general** — The Pueblo, the County of Bernalillo, New Mexico, and any person that 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) **Treatment of reimbursement** — Any 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 11 So in original. Probably should be “28”. U.S.C. 2412). (3) **Payments** — Subject to the availability of appropriated funds the Secretary of the Treasury shall make reimbursement payments as provided in this section. (4) **Applications** — Not later than 180 days after February 20, 2003, applications for reimbursement shall be filed with the Department of the Treasury, Financial Management Service, Washington, D.C. (5) **Maximum reimbursement** — No party shall be reimbursed in excess of $750,000 under this section, and the total amount reimbursed in accordance with this section shall not exceed $3,000,000.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 484a — Exchange of lands in national forests; public schools; deposit of funds by school authority with insufficient exchange land; limitations on use

Whenever an exchange of land is proposed by a State, county, or municipal government or public school district or other public school authority under sections 485 and 486 of this title or other authority under which the Secretary of Agriculture is authorized to exchange national forest lands or other lands administered by the Forest Service, if the State, county, or municipal government or public school authority proposing the exchange has insufficient land to offer, the exchange may be completed upon deposit with the Secretary of Agriculture of a portion or all of the value of the selected land. Any amount so deposited shall be covered into a special fund in the Treasury which when appropriated shall be available until expended by the Secretary of Agriculture for the acquisition of lands in the same State as the selected lands and which are determined by him to be suitable for the same purposes as the selected lands. Lands so acquired shall have the same status and shall be subject to the same laws, regulations, and rules as the selected lands.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 484a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 504 — Costs and fees of parties

**(a)** (1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 504

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 539m — Findings and purposes

**(a) Findings** Congress finds that— (1) 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); and (2) in 1994, the Pueblo filed a civil action 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 land within the Cibola National Forest, including a portion of the Sandia Mountain Wilderness. **(b) Purposes** The purposes of sections 539m to 539m–12 of this title are— (1) to establish the T’uf Shur Bien Preservation Trust Area in the Cibola National Forest; (2) to confirm the status of national forest land and wilderness land in the Area while resolving issues associated with the civil action referred to in subsection (a)(2) 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) to provide the Pueblo, the parties to the civil action, and the public with a fair and just settlement of the Pueblo’s claim.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m

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