§539m–11 Provisions Relating to Contributions and Land Exchange

Summary

The Secretary may take money or help from the Pueblo or others to survey the Area and to do projects for the Area under sections 539m to 539m–12. The survey must be finished not later than 1 year after February 20, 2003. Not later than 180 days after February 20, 2003, and after talking with the Pueblo, the Secretary must prepare and offer a land swap of certain National Forest lands (outside the Area and next to the Pueblo’s Reservation in sections 3, 10, 11, and 14 of T12N, R4E, N.M.P.M., Sandoval County, New Mexico, excluding wilderness) for Pueblo land in the Evergreen Hills subdivision in Sandoval County and the La Luz tract in Bernalillo County. The Secretary may accept a cash equalization payment greater than 25 percent of the value of land given up. Any money received must go into the fund under section 484a and may be used to buy non-Federal land near New Mexico National Forests. Land given to the Pueblo will be held in trust by the United States, added to the Pueblo’s Reservation, remain in its natural state, and not be used for commercial development, while land given to the Forest Service will follow the use limits in sections 539m to 539m–12. If the exchange offer is not made by the 180‑day date, the Secretary must report to the Senate and House committees named and say whether new laws are needed. If the exchange is not finished by 30 days after June 9, 2014, and the Pueblo and the Secretary of the Interior ask, the Secretary must transfer the Forest land shown as “Land to be Held in Trust” on the map titled “Sandia Pueblo Settlement Technical Amendment Act” dated October 18, 2013, to the Secretary of the Interior to hold in trust for the Pueblo with a permanent undeveloped restriction. After that transfer, and with the Pueblo’s consent, the Secretary of the Interior must transfer the La Luz tract and the Piedra Lisa conservation easement to the Secretary and grant a Piedra Lisa Trail right‑of‑way as shown on the same map. The Secretary may buy Pueblo-owned land in the Evergreen Hills subdivision or other private land inside the Area, and the Cibola National Forest and Area boundaries will be adjusted to include any land bought. Subject to available funding, the Secretary must pay the Pueblo fair market value for the Piedra Lisa right‑of‑way and the Piedra Lisa conservation easement. The Pueblo, Bernalillo County, and any current or past owner of property inside the Area who paid direct costs to take part in Pueblo of Sandia v. Babbitt or related proceedings may apply for reimbursement for homeowner association payments for legal representation and for legal fees and expenses. That reimbursement replaces what might be paid under the Equal Access to Justice Act. Payments depend on available appropriations. Applications must be filed not later than 180 days after February 20, 2003, with the Department of the Treasury, Financial Management Service. No single party may get more than $750,000, and total reimbursements under this rule may not exceed $3,000,000.