Title 16ConservationRelease 119-73

§539m–1 Definitions

Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER I— - ESTABLISHMENT AND ADMINISTRATION › § 539m–1

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in sections 539m to 539m–12 so people know what the law is talking about. Area — the T’uf Shur Bien Preservation Trust Area, about 9890 acres in the Cibola National Forest, as shown on the map, but not including the listed subdivisions, Pueblo-owned land, the crest facilities, or the special use permit area. Crest facilities — the buildings, roads, trails, overlooks, parking, restrooms, tram terminals and related sites on Sandia Mountain crest and the land they sit on plus 100 feet to the west unless the Secretary and the Pueblo agree to a different distance. Existing use — something happening in the Area on February 20, 2003, or something approved after November 1, 1995 but before February 20, 2003. La Luz tract — about 31 acres owned by the Pueblo, shown on the map. Local public body — a political subdivision of New Mexico under New Mexico Code 6–5–1. Map — the Forest Service map titled “T’uf Shur Bien Preservation Trust Area” dated April 2000. Modified use — an existing use changed or rearranged after February 20, 2003 without a major expansion (examples: accessible trail changes, parking reconfiguration without expansion, or moving a group recreation permit to a different area or time). New use — a use not occurring on February 20, 2003 or an existing use changed so it is significantly expanded or altered, but not uses that are categorically excluded under NEPA (42 U.S.C. 4321 et seq.) or done to comply with the Endangered Species Act (16 U.S.C. 1531 et seq.). Piedra Lisa tract — about 160 acres owned by the Pueblo, shown on the map. Pueblo — the Pueblo of Sandia acting as its government. Secretary — the Secretary of Agriculture, acting through the Chief of the Forest Service. Settlement Agreement — the Agreement of Compromise and Settlement dated April 4, 2000 among the United States, the Pueblo, and the Sandia Peak Tram Company. Special use permit — the permit issued December 1, 1993 to Sandia Peak Tram Company and Sandia Peak Ski Company. Special use permit area — the land and facilities under that permit, including about 46 acres for the aerial tramway corridor, about 945 acres for the ski area, and the items listed in Exhibit A (like the maintenance road to the lower tram tower, water storage and distribution, and 7 helispots). Subdivision — named platted areas such as Sandia Heights Addition; Sandia Heights North Unit I, II, or 3; Tierra Monte; Valley View Acres; Evergreen Hills; and any other private plats shown on the map. Traditional or cultural use — ceremonial activities (including placing ceremonial materials) and noncommercial hunting, trapping, or gathering of plants, animals, wood, water, and other natural resources.

Full Legal Text

Title 16, §539m–1

Conservation — Source: USLM XML via OLRC

In sections 539m to 539m–12 of this title:
(1)(A)The term “Area” means the T’uf Shur Bien Preservation Trust Area, comprised of approximately 9890 acres of land in the Cibola National Forest, as depicted on the map.
(B)The term “Area” does not include—
(i)the subdivisions;
(ii)Pueblo-owned land;
(iii)the crest facilities; or
(iv)the special use permit area.
(2)The term “crest facilities” means—
(A)all facilities and developments located on the crest of Sandia Mountain, including the Sandia Crest Electronic Site;
(B)electronic site access roads;
(C)the Crest House;
(D)the upper terminal, restaurant, and related facilities of Sandia Peak Tram Company;
(E)the Crest Observation Area;
(F)parking lots;
(G)restrooms;
(H)the Crest Trail (Trail No. 130);
(I)hang glider launch sites;
(J)the Kiwanis cabin; and
(K)the land on which the facilities described in subparagraphs (A) through (J) are located and the land extending 100 feet along terrain to the west of each such facility, unless a different distance is agreed to in writing by the Secretary and the Pueblo and documented in the survey of the Area.
(3)The term “existing use” means a use that—
(A)is occurring in the Area as of February 20, 2003; or
(B)is authorized in the Area after November 1, 1995, but before February 20, 2003.
(4)The term “La Luz tract” means the tract comprised of approximately 31 acres of land owned in fee by the Pueblo and depicted on the map.
(5)The term “local public body” means a political subdivision of the State of New Mexico (as defined in New Mexico Code 6–5–1).
(6)The term “map” means the Forest Service map entitled “T’uf Shur Bien Preservation Trust Area” and dated April 2000.
(7)(A)The term “modified use” means an existing use that, at any time after February 20, 2003, is modified or reconfigured but not significantly expanded.
(B)The term “modified use” includes—
(i)a trail or trailhead being modified, such as to accommodate handicapped access;
(ii)a parking area being reconfigured (but not expanded); and
(iii)a special use authorization for a group recreation use being authorized for a different use area or time period.
(8)(A)The term “new use” means—
(i)a use that is not occurring in the Area as of February 20, 2003; and
(ii)an existing use that is being modified so as to be significantly expanded or altered in scope, dimension, or impact on the land, water, air, or wildlife resources of the Area.
(B)The term “new use” does not include a use that—
(i)is categorically excluded from documentation requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(ii)is carried out to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(9)The term “Piedra Lisa tract” means the tract comprised of approximately 160 acres of land owned by the Pueblo and depicted on the map.
(10)The term “Pueblo” means the Pueblo of Sandia in its governmental capacity.
(11)The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(12)The term “Settlement Agreement” means the Agreement of Compromise and Settlement dated April 4, 2000, among the United States, the Pueblo, and the Sandia Peak Tram Company.
(13)The term “special use permit” means the Special Use Permit issued December 1, 1993, by the Secretary to Sandia Peak Tram Company and Sandia Peak Ski Company.
(14)(A)The term “special use permit area” means the land and facilities subject to the special use permit.
(B)The term “special use permit area” includes—
(i)approximately 46 acres of land used as an aerial tramway corridor;
(ii)approximately 945 acres of land used as a ski area; and
(iii)the land and facilities described in Exhibit A to the special use permit, including—
(I)the maintenance road to the lower tram tower;
(II)water storage and water distribution facilities; and
(III)7 helispots.
(15)The term “subdivision” means—
(A)the subdivision of—
(i)Sandia Heights Addition;
(ii)Sandia Heights North Unit I, II, or 3;
(iii)Tierra Monte;
(iv)Valley View Acres; or
(v)Evergreen Hills; and
(B)any additional plat or privately-owned property depicted on the map.
(16)The term “traditional or cultural use” means—
(A)a ceremonial activity (including the placing of ceremonial materials in the Area); and
(B)the use, hunting, trapping, or gathering of plants, animals, wood, water, and other natural resources for a noncommercial purpose.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in text, was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see

Short Title

note set out under section 539m of this title and Tables. The National Environmental Policy Act of 1969, referred to in par. (8)(B)(i), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables. The Endangered Species Act of 1973, referred to in par. (8)(B)(ii), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of this title and Tables.

Reference

Citations & Metadata

Citation

16 U.S.C. § 539m–1

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73