Title 16ConservationRelease 119-73

§539m–2 T’uf Shur Bien Preservation Trust Area

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

Last updated Apr 6, 2026|Official source

Summary

Creates the T’uf Shur Bien Preservation Trust Area inside the Cibola National Forest and the Sandia Mountain Wilderness. It protects the Pueblo’s rights in the area, keeps the forest and wilderness character forever, and preserves public use of the land. The Secretary must keep managing the area as part of the National Forest System and follow the rules in sections 539m to 539m–12. Pueblo members and other federally recognized tribal members the Pueblo allows can keep using the area for traditional and cultural purposes, except as limited by the Wilderness Act rules in effect on February 20, 2003, and by federal wildlife laws. Laws passed after February 20, 2003 that conflict with sections 539m to 539m–12 do not apply here unless Congress says so. The word “Trust” only recognizes Pueblo rights and does not give them full ownership like Interior-held trust land. A map and legal description must be filed with House and Senate committees and kept at the Forest Service. The United States cannot give away or trade any interest in the area without Congress. The area bans uses barred by the Wilderness Act in the wilderness part and also forbids gaming, mineral or timber production, new uses the Pueblo objects to, and mining claims under the Mining Law of 1872. Creating the area does not change the forest, wilderness, or Pueblo grant boundaries.

Full Legal Text

Title 16, §539m–2

Conservation — Source: USLM XML via OLRC

(a)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)(1)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 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)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)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)(1)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)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)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 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)(1)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsecs. (b)(1), (3) and (c)(3), 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 Wilderness Act, referred to in subsecs. (b)(2)(A) and (e)(1)(A), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1131 of this title and Tables. The Mining Law of 1872, referred to in subsec. (e)(2), is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For complete classification of such Revised Statutes sections to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Reference

Citations & Metadata

Citation

16 U.S.C. § 539m–2

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73