S 2018 · 107th Congress 2001–2003, ended

T'uf Shur Bien Preservation Trust Area Act

Introduced Mar 14, 2002 Originated Senate Sponsor Jeff Bingaman D-NM

Latest action · Oct 17, 2002 Placed on Senate Legislative Calendar under General Orders. Calendar No. 738.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedMar 14, 2002
Passed SenateNot reached
Passed HouseNot reached
To the PresidentNot reached
Became lawNot reached

Summary

T'uf Shur Bien Preservation Trust Area Act - (Sec. 4) Establishes the T'uf Shur Bien Preservation Trust Area within the Cibola National Forest and the Sandia Mountain Wilderness in New Mexico. Recognizes and protects in perpetuity: (1) the Pueblo of Sandia's rights and interests in such Area; (2) the wilderness and National Forest character of the Area; and (3) the public's longstanding use and enjoyment of the Area.

Directs the Secretary of Agriculture (Secretary), acting through the Forest Service, to continue to administer the Area as National Forest System lands.

Prohibits in the wilderness portion of the Area the use of gaming or gambling, mineral production, timber production and new uses or activities to which the Pueblo objects within its rights.

(Sec. 5) Sets forth the rights and interests of the Pueblo in such Area, including: (1) free and unrestricted access for traditional and cultural uses (except as they conflict with the Wilderness Act and Federal wildlife protection laws); (2) perpetual preservation of the Wilderness and National Forest character of the Area; (3) rights in management (such as right to consent or withhold consent to new uses, consultation regarding modified uses, management and preservation of the Area, and dispute resolution procedures); and (4) exclusive authority to administer access to the Area for traditional and cultural uses by members of the Pueblo and other Indian tribes.

Requires the United States to compensate the Pueblo as if it held fee title interest in the affected portion if Congress: (1) diminishes the Wilderness and National Forest designation of the Area by authorizing a prohibited use in all or any portion of it; or (2) permanently denies the Pueblo access for any traditional and cultural uses in all or any portion of the Area.

(Sec. 6) Limits the Pueblo's rights and interest in the Area to exclude: (1) any right to sell, grant, lease, convey, encumber or exchange lands in the Area; (2) exemption from applicable Federal wildlife protection laws; (3) the right to conveyance or exchange of land interests; and (4) the right to exclude persons or governmental entities.

Excludes from prosecution for Federal wildlife offenses any members of the Pueblo and other federally recognized Indian tribes who exercise traditional and cultural use rights.

(Sec. 7) Requires the Forest Service to consult with the Pueblo not less than twice a year for approval of activities concerning protection, preservation, and management of the Area. Requires notice to the public of proposed new and modified uses and activities.

Defines dispute resolution procedures involving Forest Service management and Pueblo traditional and cultural uses.

(Sec. 8) Specifies allocation of criminal and civil jurisdiction over such Area among the Pueblo, New Mexico, and the United States.

(Sec. 9) Excludes from the Area all subdivisions, the Piedra Lisa tract, the lands on which the Crest facilities are located, and lands described in the special use permit.

Requires the Pueblo to transfer the La Luz tract and the Piedra Lisa tract (if later acquired) to the United States to be held in trust.

Requires the transfer of certain lands within the Evergreen Hills subdivision to the Pueblo.

Requires the Secretary of the Interior to grant specified rights-of-way in perpetuity to the County of Bernalillo, New Mexico, utility and other service providers, and the Forest Service.

(Sec. 10) Extinguishes all Pueblo claims not specifically recognized within this Act.

(Sec. 11) Disallows the modification of existing private property rights associated with the Piedra Lisa tract or other private lands that are not otherwise addressed in this Act.

(Sec. 12) Limits any suit to enforce this Act brought against the Pueblo to declaratory judgement or injunctive relief, and limits venue to the United States District Court for the District of New Mexico.

(Sec. 14) Authorizes appropriations.

Authorizes the Forest Service to transfer ownership of the Piedra Lisa tract (if the United States acquires it) to the Pueblo in exchange for lands of equal value owned by the Pueblo.

Authorizes the Secretary to acquire lands owned by the Pueblo within the Evergreen Hills Subdivision in Sandoval County or any other privately held lands inside of the exterior boundaries of the Area.

Declares that the Pueblo, the County of Bernalillo, New Mexico, and any person who owns or has owned property inside the exterior boundaries of the Area, and incurred cost as a result of participating in the case of Pueblo of Sandia v. Babbitt, may apply for reimbursement. Prescribes participation requirements and limitations for such reimbursement. Directs the Secretary of the Treasury to make reimbursement payments of up to $750,000 per party, but no more than $3 million altogether.

Cosponsors

Members who signed on, in the order they did.

No cosponsors are on file for this measure.

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
Senate	Energy and Natural Resources Committee	Referred Mar 15, 2002Hearings Apr 24, 2002Markup Jul 31, 2002Reported Sep 17, 2002
Senate	Indian Affairs Committee	Hearings Apr 24, 2002Discharged Oct 7, 2002Referred Oct 11, 2002Reported Oct 17, 2002

Actions 13

Everything that happened, newest first.

Oct 17, 2002Committee on Indian Affairs. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 107-321.
Oct 17, 2002Placed on Senate Legislative Calendar under General Orders. Calendar No. 738.
Oct 11, 2002Referred to the Committee on Indian Affairs.
Oct 7, 2002Senate Committee on Indian Affairs discharged. pursuant to the order of March 14, 2002.
Oct 7, 2002Placed on Senate Legislative Calendar under General Orders. Calendar No. 637.
Sep 17, 2002Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute. With written report No. 107-285.
Sep 17, 2002Referred to the Committee on Indian Affairs pursuant to the order of March 14, 2002.
Jul 31, 2002Committee on Energy and Natural Resources. Ordered to be reported with an amendment favorably.
Apr 24, 2002Committees on Energy and Natural Resources; Indian Affairs. Joint hearings held. Hearings printed: S.Hrg. 107-548.
Mar 18, 2002Sponsor introductory remarks on measure. (CR S2008-2009)
Mar 14, 2002Introduced in Senate
Mar 14, 2002Sponsor introductory remarks on measure. (CR S1940)
Mar 14, 2002Read twice and referred jointly to the Committees on Energy and Natural Resources; Indian Affairs pursuant to the order of March 14, 2002, with instructions that if one Committee reports, the other Committee have twenty calendar days, excluding any period where the Senate is not in session for more than three days, to report or be discharged.

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
Senate	Debate and remarks S10396	Harry Reid D-NV	Oct 10, 2002
Senate	Debate and remarks S8671Reports S8671	Jeff Bingaman D-NM	Sep 17, 2002
Senate	Debate and remarks S2008	Jeff Bingaman D-NM	Mar 18, 2002
Senate	Debate and remarks S1940, S1953	Harry Reid D-NV, Jeff Bingaman D-NM	Mar 14, 2002

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee reports

Congressional Budget Office cost estimates 2

Aug 21, 2002S. 2018, T'uf Shur Bien Preservation Trust Area Act<p>Cost estimate for the bill as ordered reported by the Senate Committee on Energy and Natural Resources on July 31, 2002</p>
Aug 21, 2002S. 2018, T'uf Shur Bien Preservation Trust Area ActCost estimate for the bill as ordered reported by the Senate Committee on Energy and Natural Resources on July 31, 2002

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
S. Hrg. 107-548	T'UF SHUR BIEN PRESERVATION TRUST AREA ACT116 pages	Indian Affairs Committee · Energy and Natural Resources Committee	Apr 24, 2002

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced: A bill to establish the T'uf Shur Bien Preservation Trust Area within the Cibola National Forest in the State of New Mexico to resolve a land claim involving the Sandia Mountain Wilderness, and for other purposes.
Short Titles as Introduced: T'uf Shur Bien Preservation Trust Area Act
Short Titles as Reported to Senate: T'uf Shur Bien Preservation Trust Area Act

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 4

Each version as it was printed, newest first.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.