16 U.S.C. § 539m–7 — Subdivisions and other property interests

(a) Subdivisions. (1) The subdivisions are outside the Area. (2)(A) The Pueblo has no civil or criminal jurisdiction over the subdivisions or property interests in them, including adjudicatory, taxing, zoning, regulatory, or any other jurisdiction. Pueblo law does not apply there. (B) New Mexico and its local public bodies keep their jurisdiction over the subdivisions and property interests. If the Pueblo applies, however, about 35 contiguous, nonsubdivided acres in northern Evergreen Hills that the Pueblo owned in fee on February 20, 2003, must be transferred to the United States and held in trust for the Pueblo and administered by the Interior Secretary. (3) Trust land described in paragraph (2)(B) is subject to every Area-use limitation in sections 539m through 539m–12 of this title. (b) Piedra Lisa. (1) The Piedra Lisa tract is outside the Area. (2) The tract must be transferred to the United States, declared held in trust for the Pueblo, and administered by the Interior Secretary subject to all Area-use limitations in sections 539m through 539m–12. (3) The restriction in section 539m–4(a)(4) does not apply outside Forest Service System trails. (c) Crest facilities. (1) The land holding the crest facilities is outside the Area. (2) The Pueblo has no civil or criminal jurisdiction over that land or its property interests, and Pueblo law does not apply there. The land keeps its jurisdictional status from before this section. (d) Special use permit area. (1) Land described in the special use permit is outside the Area. (2)(A) The Pueblo has no civil or criminal jurisdiction over that land, including adjudicatory, taxing, zoning, regulatory, or any other jurisdiction, and Pueblo law does not apply there. (B) The land keeps its previous jurisdictional status. (3) If the permit is amended during its current or a later term or extension to add Area land needed to realign the existing or a replacement tram line, related structures, or facilities, the added land is thereafter outside the Area and has the same status under sections 539m through 539m–12 as the land already in the permit. (4) Land dedicated to the aerial tramway or related uses and facilities that leaves the permit because of expiration, termination, or amendment becomes part of the Area after final agency action is no longer appealable. (e) La Luz tract. (1) The La Luz tract now owned in fee by the Pueblo is outside the Area. If the Pueblo applies, it must be transferred to the United States, held in trust for the Pueblo, and administered by the Interior Secretary subject to all Area-use limitations in sections 539m through 539m–12. (2) The restriction in section 539m–4(a)(4) does not apply outside Forest Service System trails. (f) Evergreen Hills access. The Secretary must keep Forest Service Road 333D, as shown on the map, in adequate condition under section 3210(a) of this title. (g) Pueblo fee land. Property inside the subdivisions that the Pueblo owns in fee and that is not specifically addressed in subsection (a) or (e) is outside the Area and is governed by subsection (a)'s jurisdiction rules. (h) Rights-of-way. (1)(A) Road rights-of-way. Because the Pueblo consented in the Settlement Agreement, the Interior Secretary must permanently grant Bernalillo County, New Mexico, irrevocable road rights-of-way shown on the map. They provide public access to the subdivisions, special-use-permit land and facilities, Sandia Peak Tram Company and affiliate leasehold and easement interests, Sandia Heights South Subdivision, and the Area. The rights-of-way are for Tramway Road; Juniper Hill Road North; Juniper Hill Road South; Sandia Heights Road; and Juan Tabo Canyon Road (Forest Road No. 333). (B) Conditions. They cannot be expanded or changed without the Pueblo's written consent, although road maintenance does not need that consent. They cannot authorize non-road uses without the Pueblo's written consent. Except as the Settlement Agreement provides, Sandia Peak Tram Company and its affiliates keep their existing rights-of-way, leasehold interests, and obligations, which are not affected by sections 539m through 539m–12. (2) Utility rights-of-way. Because of the Pueblo's Settlement Agreement consent, the Interior Secretary must permanently grant irrevocable utility rights-of-way across Pueblo land to appropriate providers serving Sandia Heights Addition, Sandia Heights North Units I, II, and 3, the special-use-permit land, Tierra Monte, and Valley View Acres. They include natural-gas, power, water, telecommunications, and cable-television rights-of-way. They must generally follow the existing corridors on the map, or, for certain water lines, the existing Sandia Peak Utility Company easement. Water-line easements outside the mapped corridors may be used only for water lines and related facilities. New facilities must be underground unless above-ground facilities already exist or the Pueblo agrees otherwise. The Pueblo may not unreasonably refuse a reasonable enlargement needed for advanced telecommunications, television, or utility services. (3) Forest Service rights-of-way. Because of the Pueblo's Settlement Agreement consent, the Interior Secretary must permanently grant the Forest Service irrevocable rights-of-way for public trails crossing Pueblo land: a portion of Crest Spur Trail 84 across the La Luz tract; the Foothills Trail 365A extension; and the portion of Piedra Lisa North-South Trail 135 crossing the Piedra Lisa tract.