16 U.S.C. § 539m–1 — Definitions

This section defines terms used throughout sections 539m to 539m–12 of this title: 1. Area. The T'uf Shur Bien Preservation Trust Area — about 9,890 acres of land in the Cibola National Forest, shown on the map. It does NOT include: the subdivisions, Pueblo-owned land, the crest facilities, or the special use permit area. 2. Crest facilities. Everything built or developed on the crest (top) of Sandia Mountain, including: the Sandia Crest Electronic Site; roads leading to it; the Crest House; the upper terminal, restaurant, and related buildings of the Sandia Peak Tram Company; the Crest Observation Area; parking lots; restrooms; the Crest Trail (Trail No. 130); hang-glider launch sites; the Kiwanis cabin; and the land those things sit on, plus land extending 100 feet (measured along the terrain) to the west of each — unless the Secretary and the Pueblo agree in writing to a different distance and record it in the Area's survey. 3. Existing use. A use that (A) was happening in the Area as of February 20, 2003, or (B) was authorized in the Area sometime between November 1, 1995, and February 20, 2003. 4. La Luz tract. About 31 acres the Pueblo owns outright, shown on the map. 5. Local public body. A political subdivision of New Mexico, as defined in New Mexico Code section 6–5–1. 6. Map. The Forest Service map titled "T'uf Shur Bien Preservation Trust Area," dated April 2000. 7. Modified use. An existing use that gets changed or reconfigured — but not significantly expanded — after February 20, 2003. This includes: a trail or trailhead changed for handicapped access; a parking area reconfigured but not made bigger; and a group-recreation permit reassigned to a different use area or time period. 8. New use. Either (A) a use not happening in the Area as of February 20, 2003, or (B) an existing use modified so much that it significantly expands or changes its scope, size, or impact on land, water, air, or wildlife. It does NOT include a use that (i) is categorically excluded from environmental-review paperwork under the National Environmental Policy Act, or (ii) is done to comply with the Endangered Species Act. 9. Piedra Lisa tract. About 160 acres the Pueblo owns, shown on the map. 10. Pueblo. The Pueblo of Sandia, acting in its role as a government. 11. Secretary. The Secretary of Agriculture, acting through the Chief of the Forest Service. 12. Settlement Agreement. The Agreement of Compromise and Settlement dated April 4, 2000, between the United States, the Pueblo, and the Sandia Peak Tram Company. 13. Special use permit. The permit the Secretary issued on December 1, 1993, to the Sandia Peak Tram Company and the Sandia Peak Ski Company. 14. Special use permit area. The land and facilities covered by that permit, including: about 46 acres used as an aerial tramway corridor; about 945 acres used as a ski area; and the land and facilities listed in the permit's Exhibit A, including the maintenance road to the lower tram tower, water storage and distribution facilities, and 7 helicopter landing spots (helispots). 15. Subdivision. (A) The subdivisions known as Sandia Heights Addition, Sandia Heights North Unit I, II, or 3, Tierra Monte, Valley View Acres, or Evergreen Hills; plus (B) any other plat or privately-owned property shown on the map. 16. Traditional or cultural use. (A) A ceremonial activity, including placing ceremonial materials in the Area, and (B) using, hunting, trapping, or gathering plants, animals, wood, water, or other natural resources for noncommercial purposes.