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

submitted 23 years ago by Pub. L. 108-7 to r/title-16-CONSERVATION · 1,074 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets rules for funding surveys, exchanging land, and reimbursing legal costs tied to the Sandia Pueblo settlement. The Secretary must offer a land swap with the Pueblo and, if that fails by mid-2014, transfer certain land into trust instead. It also caps legal-cost reimbursements at $750,000 per party and $3,000,000 total.

(a) Contributions 1. In general. The Secretary may accept money contributions from the Pueblo or others to (A) survey the Area, or (B) fund any other project benefiting the Area under sections 539m to 539m–12. 2. Deadline. The Secretary had to finish the Area's survey within one year after February 20, 2003. (b) Land exchange 1. In general. Within 180 days after February 20, 2003, after consulting the Pueblo, the Secretary had to offer a land exchange: National Forest land outside the Area, next to the north edge of the Pueblo's Reservation in specific survey sections (excluding wilderness land), for Pueblo-owned land in the Evergreen Hills subdivision and the La Luz tract. 2. Acceptance of payment. Even though section 1716(b) of title 43 normally limits cash "equalization" payments to 25% of a land exchange's value, the Secretary may pay or accept more than that here. 3. Funds received. Any money the Secretary gets from this exchange goes into the fund created by section 484a of this title, to buy non-federal land in or near New Mexico's National Forests. 4. Treatment of land exchanged or conveyed. Land conveyed to the Pueblo becomes trust land held by the United States for the Pueblo, added to its Reservation, subject to existing rights — and it must stay in its natural state, with no commercial development. Land conveyed to the Forest Service is subject to the same use limits that apply to the Area. 5. Failure to make offer. If the Secretary didn't make the exchange offer within 180 days, the Secretary had to report to the Senate and House committees explaining why, including whether more legislation was needed — and if not, the Secretary should proceed with the exchange under existing law. 6. Failure to exchange. (A) If the exchange wasn't completed within 30 days after June 9, 2014, the Secretary, at the Pueblo's and Interior Secretary's request, must transfer the National Forest land marked "Land to be Held in Trust" on the map dated October 18, 2013, to the Secretary of the Interior, to hold in trust for the Pueblo — kept undeveloped, with its natural character preserved forever, and consistent with subsection (c). (B) After that transfer, the Interior Secretary, with the Pueblo's consent, must transfer to the Secretary the La Luz tract and a conservation easement on the Piedra Lisa tract (both shown on the October 18, 2013 map), and must grant the Secretary a right-of-way for the Piedra Lisa Trail. (c) Land acquisition and other compensation 1. In general. The Secretary may buy Pueblo-owned land in the Evergreen Hills Subdivision, or any other privately held land inside the Area's boundaries. The Cibola National Forest's and the Area's boundaries get adjusted to include any land acquired this way. 2. Piedra Lisa tract. Subject to available funding, the Secretary must pay the Pueblo fair market value for (A) the right-of-way created under section 539m–7(h)(3)(C), and (B) the conservation easement created by the use limits on the Piedra Lisa tract under section 539m–7(b)(2). (d) Reimbursement of certain costs 1. In general. The Pueblo, Bernalillo County, and anyone who owns or owned property inside the Area's boundaries and incurred real, direct costs from taking part in Pueblo of Sandia v. Babbitt or related proceedings, may apply for reimbursement. Qualifying costs are (A) homeowner-association dues paid for legal representation, and (B) legal fees and related expenses. 2. Treatment of reimbursement. This reimbursement replaces whatever might otherwise be available under the Equal Access to Justice Act. 3. Payments. Subject to available appropriated funds, the Secretary of the Treasury must make these reimbursement payments. 4. Applications. Reimbursement applications had to be filed with the Treasury Department's Financial Management Service within 180 days after February 20, 2003. 5. Maximum reimbursement. No single party can get more than $750,000, and total reimbursements under this section cannot exceed $3,000,000.

the actual law source: uscode.house.gov ↗public domain

(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, 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, 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—

(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.

(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; 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.

(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 1 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.

Source credit: (Pub. L. 108–7, div. F, title IV, § 413, Feb. 20, 2003, 117 Stat. 292; Pub. L. 111–11, title III, § 3309, Mar. 30, 2009, 123 Stat. 1139; Pub. L. 113–119, § 2, June 9, 2014, 128 Stat. 1185.)

history & why it existsrecord from the source credit

2003Enacted · Pub. L. 108-7 · 117 Stat. 292
2009Amended · Pub. L. 111-11 · 123 Stat. 1139
2014Amended · Pub. L. 113-119 · 128 Stat. 1185

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-7 on 2003-02-20.

all 0 arguments · sorted by: best

no arguments yet — make the first case