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16 U.S.C. § 539m–2 — T’uf Shur Bien Preservation Trust Area

submitted 23 years ago by Pub. L. 108-7 to r/title-16-CONSERVATION · 706 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law formally creates the T'uf Shur Bien Preservation Trust Area inside Cibola National Forest. It protects the Pueblo of Sandia's rights there while keeping the land as national forest and wilderness. Gaming, mining, and timber production are banned in the Area.

(a) Establishment
This section creates the T'uf Shur Bien Preservation Trust Area inside the Cibola National Forest and Sandia Mountain Wilderness, shown on the map, in order to (1) permanently recognize and protect the Pueblo's rights and interests in the Area, as specified in section 539m–3(a) of this title, (2) permanently preserve the Area's national forest and wilderness character, and (3) permanently recognize and protect the public's longstanding use and enjoyment of the Area.

(b) Administration and applicable law

  1. In general. The Secretary keeps managing the Area as part of the National Forest System, consistent with sections 539m to 539m–12.
  2. Traditional or cultural uses. Traditional or cultural uses by Pueblo members, and by members of other federally-recognized tribes the Pueblo authorizes under section 539m–3(a)(4), can only be restricted by (A) the Wilderness Act (as it stood on February 20, 2003), and (B) applicable federal wildlife protection laws, as section 539m–4(a)(2) describes.
  3. Later enactments. If a law passed or amended after February 20, 2003, conflicts with sections 539m to 539m–12, that law does not apply to the Area unless Congress expressly says it does.
  4. Trust. Calling the Area a "Trust" Area (A) recognizes the Pueblo's specific rights and interests in it, but (B) does not give the Pueblo the kind of ownership interest that exists when the Secretary of the Interior takes formal title to land in trust for a tribe.

(c) Map

  1. Filing. As soon as practical after February 20, 2003, the Secretary had to file the map and a legal description of the Area with the House Committee on Resources and the Senate Committee on Energy and Natural Resources.
  2. Public availability. The map and legal description are kept on file and available for public inspection at the Forest Service Chief's office in Washington, D.C.
  3. Effect. The filed map and description carry the same legal force as if written into sections 539m to 539m–12 directly, except that (A) clerical and typo errors get corrected, (B) necessary changes under certain other subsections get made, and (C) if the map and the text of sections 539m to 539m–12 conflict, the text controls.

(d) No conveyance of title
No U.S. title or interest in the Area can be transferred or exchanged to anyone — including the Pueblo — without specific authorization from Congress.

(e) Prohibited uses

  1. In general. No matter what other law says: (A) no use the Wilderness Act banned as of February 20, 2003, is allowed in the Area's wilderness portion, and (B) none of these uses are allowed anywhere in the Area: (i) gaming or gambling, (ii) mineral production, (iii) timber production, or (iv) any new use the Pueblo objects to under section 539m–3(a)(3).
  2. Mining claims. The Area is closed to new mining claims under the Mining Law of 1872.

(f) No modification of boundaries
Creating the Area does not (1) affect the boundaries of, or repeal or disestablish, the Sandia Mountain Wilderness or the Cibola National Forest, or (2) change the existing boundary of the Pueblo's land grant.

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

(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 shall not be restricted except by—

(A)

the Wilderness Act (16 U.S.C. 1131 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.

(3) Later enactments

To the extent that any law enacted or amended after February 20, 2003, is inconsistent with sections 539m to 539m–12 of this title, the law shall not apply to the Area unless expressly made applicable by Congress.

(4) Trust

The use of the word “Trust” in the name of the Area—

(A)

is in recognition of the specific rights and interests of the Pueblo in the Area; and

(B)

does not confer on the Pueblo the ownership interest that exists in a case in which the Secretary of the Interior accepts the title to land held in trust for the benefit of an Indian tribe.

(c) Map
(1) Filing

As soon as practicable after February 20, 2003, the Secretary shall file the map and a legal description of the Area with the Committee on Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate.

(2) Public availability

The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Washington, District of Columbia.

(3) Effect

The map and legal description filed under paragraph (1) shall have the same effect as if the map and legal description were included in sections 539m to 539m–12 of this title, except that—

(A)

technical and typographical errors shall be corrected;

(B)

changes that may be necessary under subsection (b), (d), or (e) of section 539m–7 of this title or subsection (b) or (c) of section 539m–11 of this title shall be made; and

(C)

to the extent that the map and the language of sections 539m to 539m–12 of this title conflict, the language of sections 539m to 539m–12 of this title shall control.

(d) No conveyance of title

No right, title, or interest of the United States in or to the Area or any part of the Area shall be conveyed to or exchanged with any person, trust, or governmental entity, including the Pueblo, without specific authorization of Congress.

(e) Prohibited uses
(1) In general

Notwithstanding any other provision of law—

(A)

no use prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) as of February 20, 2003, shall be permitted in the wilderness portion of the Area; and

(B)

none of the following uses shall be permitted in any portion of the Area:

(i)

Gaming or gambling.

(ii)

Mineral production.

(iii)

Timber production.

(iv)

Any new use to which the Pueblo objects under section 539m–3(a)(3) of this title.

(2) Mining claims

The Area is closed to the location of mining claims under section 2320 of the Revised Statutes (30 U.S.C. 23) (commonly known as the “Mining Law of 1872”).

(f) No modification of boundaries

Establishment of the Area shall not—

(1)

affect the boundaries of or repeal or disestablish the Sandia Mountain Wilderness or the Cibola National Forest; or

(2)

modify the existing boundary of the Pueblo grant.

Source credit: (Pub. L. 108–7, div. F, title IV, § 404, Feb. 20, 2003, 117 Stat. 282.)

history & why it existsrecord from the source credit
  • 2003Enacted · Pub. L. 108-7 · 117 Stat. 282

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

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