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16 U.S.C. § 539m — Findings and purposes
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_67d4a9c52e375a7c2e18a859
Source file: Laws/federal/codes/united-states-code/title-16/section-539m-findings-and-purposes--4beb81048b.md
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Source location: Title 16, Chapter 2, § 539m; chapter-002-national-forests.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may correct patents or documents of conveyance issued pursuant to [section 1718 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1718&num=0&edition=prelim) or to other Acts relating to the disposal of public lands where necessary in order to eliminate errors. In addition, the Secretary may make corrections of errors in any documents of conveyance which have heretofore been issued by the Federal Government to dispose of public lands. Any corrections authorized by this section which affect the boundaries of, or jurisdiction over, land administered by another Federal agency shall be made only after consultation with, and the approval of, the head of such other agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1746
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Federal law — U.S. Code and appendices · legal_authorities
In sections 539m to 539m–12 of this title:
(1) **Area**
(A) *In general* — The term “Area” means the T’uf Shur Bien Preservation Trust Area, comprised of approximately 9890 acres of land in the Cibola National Forest, as depicted on the map.
(B) *Exclusions* — The term “Area” does not include—
(i) the subdivisions;
(ii) Pueblo-owned land;
(iii) the crest facilities; or
(iv) the special use permit area.
(2) **Crest facilities** — The term “crest facilities” means—
(A) all facilities and developments located on the crest of Sandia Mountain, including the Sandia Crest Electronic Site;
(B) electronic site access roads;
(C) the Crest House;
(D) the upper terminal, restaurant, and related facilities of Sandia Peak Tram Company;
(E) the Crest Observation Area;
(F) parking lots;
(G) restrooms;
(H) the Crest Trail (Trail No. 130);
(I) hang glider launch sites;
(J) the Kiwanis cabin; and
(K) the land on which the facilities described in subparagraphs (A) through (J) are located and the land extending 100 feet along terrain to the west of each such facility, unless a different distance is agreed to in writing by the Secretary and the Pueblo and documented in the survey of the Area.
(3) **Existing use** — The term “existing use” means a use that—
(A) is occurring in the Area as of February 20, 2003; or
(B) is authorized in the Area after November 1, 1995, but before February 20, 2003.
(4) **La Luz tract** — The term “La Luz tract” means the tract comprised of approximately 31 acres of land owned in fee by the Pueblo and depicted on the map.
(5) **Local public body** — The term “local public body” means a political subdivision of the State of New Mexico (as defined in New Mexico Code 6–5–1).
(6) **Map** — The ter
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement** A civil action to enforce the provisions of sections 539m to 539m–12 of this title may be brought to the extent permitted under chapter 7 of title 5. Judicial review shall be based on the administrative record and subject to the applicable standard of review set forth in [section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim).
**(b) Waiver** A civil action may be brought against the Pueblo for declaratory judgment or injunctive relief under sections 539m to 539m–12 of this title, 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 civil action provided for in this section, as well as any civil action to contest the constitutionality of sections 539m to 539m–12 of this title, shall lie only in the United States District Court for the District of New Mexico.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–10
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Na
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–11
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such sums as are necessary to carry out sections 539m to 539m–12 of this title, including such sums as are necessary for the Forest Service to carry out responsibilities of the Forest Service in accordance with [section 539m–11(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–11/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–12
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Federal law — U.S. Code and appendices · legal_authorities
**(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 rights and interests of the Pueblo in and to the Area, as specified in [section 539m–3(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–3/a&num=0&edition=prelim);
(2) to preserve in perpetuity the national forest and wilderness character of the Area; and
(3) to recognize and protect in perpetuity the longstanding use and enjoyment of the Area by the public.
**(b) Administration and applicable law**
(1) **In general** — The Secretary shall continue to administer the Area as part of the National Forest System subject to and consistent with the provisions of sections 539m to 539m–12 of this title affecting management of the Area.
(2) **Traditional or cultural uses** — Traditional or cultural uses by Pueblo members and members of other federally-recognized Indian tribes authorized to use the Area by the Pueblo under [section 539m–3(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–3/a/4&num=0&edition=prelim) shall not be restricted except by—
(A) the Wilderness Act ([16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.) (including regulations promulgated under that Act) as in effect on February 20, 2003; and
(B) applicable Federal wildlife protection laws, as provided in [section 539m–4(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–4/a/2&num=0&edition=prelim).
(3) **Later enactments** — To the extent that any law enac
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Pueblo shall have the following rights and interests in the Area:
(1) Free and unrestricted access to the Area for traditional or cultural uses, to the extent that those uses are not inconsistent with—
(A) the Wilderness Act ([16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.) (including regulations promulgated under that Act) as in effect on February 20, 2003; or
(B) applicable Federal wildlife protection laws as provided in [section 539m–4(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–4/a/2&num=0&edition=prelim).
(2) Perpetual preservation of the national forest and wilderness character of the Area under sections 539m to 539m–12 of this title.
(3) Rights in the management of the Area as specified in [section 539m–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m-5&num=0&edition=prelim), including—
(A) the right to consent or withhold consent to a new use;
(B) the right to consultation regarding a modified use;
(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 the customs and laws of the Pueblo, to administer access to the Area for traditional or cultural uses by members of the Pueblo and of other federally-recognized Indian tribes.
(5) Such other rights and interests as are recognized in subsection (c) and sections 539m–2, 539m–5, 539m–6, and 539m–7 of this title.
**(b) Access** 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 Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitations** The rights and interests of the Pueblo recognized in sections 539m to 539m–12 of this title do not include—
(1) any right to sell, grant, lease, convey, encumber, or exchange land or any interest in land in the Area (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 a use prohibited by [section 539m–2(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–2/e&num=0&edition=prelim); or
(4) any right to exclude persons or governmental entities from the Area.
**(b) Exception** No person who exercises traditional or cultural use rights as authorized by [section 539m–3(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–3/a/4&num=0&edition=prelim) may be prosecuted for a Federal wildlife offense requiring proof of a violation of a State law (including regulations).
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–4
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal jurisdiction**
(1) **In general** — Notwithstanding any other provision of law, jurisdiction over crimes committed in the Area shall be allocated as provided in this paragraph.11 So in original. Probably should be “subsection.”
(2) **Jurisdiction of the Pueblo** — The Pueblo shall have jurisdiction over an offense committed by a member of the Pueblo or of another federally-recognized Indian tribe who is present in the Area with the permission of the Pueblo under [section 539m–3(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–3/a/4&num=0&edition=prelim).
(3) **Jurisdiction of the United States** — The United States shall have jurisdiction over—
(A) an offense described in [section 1153 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1153&num=0&edition=prelim) committed by a member of the Pueblo or another federally-recognized Indian tribe;
(B) an offense committed by any person in violation of the laws (including 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 person not a member of the Pueblo.
(4) **Jurisdiction of the State of New Mexico** — The State of New Mexico shall have jurisdiction over an offense under the law of the State committed by a person not a member of the Pueblo.
(5) **Overlapping jurisdiction** — To the extent that the respective allocations of jurisdiction over the Area under paragraphs (2), (3), and (4) overlap, the governments shall have concurrent jurisdiction.
(6) **Federal use of State law** — Under the jurisdiction of the United States described in para
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–6
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Subdivisions**
(1) **In general** — The subdivisions are excluded from the Area.
(2) **Jurisdiction**
(A) *In general* — 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.
(B) *State jurisdiction* — 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 on 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 on February 20, 2003, 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.
(3) **Limitations on trust land** — Trust land described in paragraph (2)(B) shall be subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.
**(b) Piedra Lisa**
(1) **In general** — The Piedra Lisa tract is excluded from the Area.
(2) **Declaration of trust title** — The Piedra Lisa tract—
(A) shall be transferred to the United States;
(B) is declared to be held in trust for the Pueblo by the United States; and
(C) shall be administered by the Secretary of the Interior subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.
(3) **Applicability of certain restriction** — The restriction contained in [section 539m–4(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–4/a/4&num=0&editi
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539m–7
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