Title 16, ConservationRelease 119-110

§539m–7 Subdivisions and Other Property Interests

Title 16 › CHAPTER 2 — NATIONAL FORESTS › SUBCHAPTER I — ESTABLISHMENT AND ADMINISTRATION › § 539m–7

Last updated Sep 23, 2026|Official source

Summary

Removes several specific Pueblo-owned places from the Area and says who controls them and what access is allowed. Subdivisions, the Piedra Lisa tract, the La Luz tract, the land with the crest facilities, and land covered by the special use permit are excluded from the Area. The Pueblo has no civil or criminal authority over those excluded lands, and Pueblo laws do not apply there. State and local authority stays in place unless a listed tract is transferred to the United States and held in trust for the Pueblo. One such tract is about 35 contiguous, nonsubdivided acres in the northern section of Evergreen Hills that the Pueblo owned in fee on February 20, 2003; that tract must be transferred to the United States and held in trust, and trust lands are subject to the use limits in sections 539m to 539m–12. Other Pueblo fee properties inside the subdivisions that are not separately listed are also excluded and follow these same rules. Grants permanent rights-of-way and access. The Secretary of the Interior must give the County of Bernalillo perpetual road rights-of-way for Tramway Road, Juniper Hill Road North, Juniper Hill Road South, Sandia Heights Road, and Juan Tabo Canyon Road (Forest Road No. 333), with limits on widening or other uses unless the Pueblo agrees, though routine road maintenance does not need Pueblo approval. The Secretary must also grant perpetual utility rights-of-way for gas, power, water, telecom, and cable in existing corridors (with some water-line exceptions) and generally require new utilities to be placed underground unless the Pueblo agrees otherwise. The Secretary must keep Forest Service Road 333D in adequate condition under section 3210(a). The Secretary will also grant perpetual Forest Service trail rights-of-way for portions of Trail No. 84 (Crest Spur), Trail No. 365A (Foothills extension), and Trail No. 135 (Piedra Lisa North-South).

Full Legal Text

Title 16, §539m–7

Conservation, Source: USLM XML via OLRC

(a)Subdivisions
(1)In general
The subdivisions are excluded from the Area.
(2)Jurisdiction
(A)In general
The Pueblo shall have no civil or criminal jurisdiction for any purpose, including adjudicatory, taxing, zoning, regulatory or any other form of jurisdiction, over the subdivisions and property interests therein, and the laws of the Pueblo shall not apply to the subdivisions.
(B)State jurisdiction
The jurisdiction of the State of New Mexico and local public bodies over the subdivisions and property interests therein shall continue in effect, except that on application of the Pueblo a tract comprised of approximately 35 contiguous, nonsubdivided acres in the northern section of Evergreen Hills owned in fee by the Pueblo on February 20, 2003, shall be transferred to the United States and held in trust for the Pueblo by the United States and administered by the Secretary of the Interior.
(3)Limitations on trust land
Trust land described in paragraph (2)(B) shall be subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.
(b)Piedra Lisa
(1)In general
The Piedra Lisa tract is excluded from the Area.
(2)Declaration of trust title
The Piedra Lisa tract—
(A)shall be transferred to the United States;
(B)is declared to be held in trust for the Pueblo by the United States; and
(C)shall be administered by the Secretary of the Interior subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.
(3)Applicability of certain restriction
The restriction contained in section 539m–4(a)(4) of this title shall not apply outside of Forest Service System trails.
(c)Crest facilities
(1)In general
The land on which the crest facilities are located is excluded from the Area.
(2)Jurisdiction
The Pueblo shall have no civil or criminal jurisdiction for any purpose, including adjudicatory, taxing, zoning, regulatory or any other form of jurisdiction, over the land on which the crest facilities are located and property interests therein, and the laws of the Pueblo, shall not apply to that land. The preexisting jurisdictional status of that land shall continue in effect.
(d)Special use permit area
(1)In general
The land described in the special use permit is excluded from the Area.
(2)Jurisdiction
(A)In general
The Pueblo shall have no civil or criminal jurisdiction for any purpose, including adjudicatory, taxing, zoning, regulatory, or any other form of jurisdiction, over the land described in the special use permit, and the laws of the Pueblo shall not apply to that land.
(B)Preexisting status
The preexisting jurisdictional status of that land shall continue in effect.
(3)Amendment to plan
In the event the special use permit, during its existing term or any future terms or extensions, requires amendment to include other land in the Area necessary to realign the existing or any future replacement tram line, associated structures, or facilities, the land subject to that amendment shall thereafter be excluded from the Area and shall have the same status under sections 539m to 539m–12 of this title as the land currently described in the special use permit.
(4)Land dedicated to aerial tramway and related uses
Any land dedicated to aerial tramway and related uses and associated facilities that are excluded from the special use permit through expiration, termination or the amendment process shall thereafter be included in the Area, but only after final agency action no longer subject to any appeals.
(e)La Luz tract
(1)In general
The La Luz tract now owned in fee by the Pueblo is excluded from the Area and, on application by the Pueblo, shall be transferred to the United States and held in trust for the Pueblo by the United States and administered by the Secretary of the Interior subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.
(2)Nonapplicability of certain restriction
The restriction contained in section 539m–4(a)(4) of this title shall not apply outside of Forest Service System trails.
(f)Evergreen Hills access
The Secretary shall ensure that Forest Service Road 333D, as depicted on the map, is maintained in an adequate condition in accordance with section 3210(a) of this title.
(g)Pueblo fee land (h) Rights-of-way
Those properties not specifically addressed in subsections (a) or (e) that are owned in fee by the Pueblo within the subdivisions are excluded from the Area and shall be subject to the jurisdictional provisions of subsection (a).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsecs. (a)(3), (b)(2)(C), (d)(3), (e)(1), and (h)(1)(B)(iii), 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 539m–7

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110