§539m–1 Definitions

Summary

Defines the main words used for the rules about the T’uf Shur Bien Preservation Trust Area. The “Area” is about 9,890 acres in the Cibola National Forest shown on the official map, but it does not include the listed subdivisions, land owned by the Pueblo, the crest facilities, or the special use permit area. “Crest facilities” means the buildings and developments on the top of Sandia Mountain (for example the electronic site, access roads, the Crest House, the upper tram terminal and restaurant, the observation area, parking, restrooms, Trail No. 130, hang-glider launches, the Kiwanis cabin) and the land they sit on plus up to 100 feet to the west of each unless the Secretary and the Pueblo agree otherwise in writing. “Existing use” means a use that was happening in the Area on February 20, 2003, or a use allowed after November 1, 1995 but before February 20, 2003. “Modified use” means an existing use changed after February 20, 2003 but not greatly expanded (examples: making a trail accessible, reconfiguring parking without enlarging it, or moving a group recreation permit to a different spot or time). “New use” means a use not present on February 20, 2003 or an existing use that is being significantly expanded or altered; it does not include actions excluded under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or actions done to follow the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). “La Luz tract” is about 31 acres owned by the Pueblo on the map. “Piedra Lisa tract” is about 160 acres owned by the Pueblo. “Local public body” means a New Mexico political subdivision as defined in New Mexico Code 6–5–1. “Map” is the Forest Service map titled “T’uf Shur Bien Preservation Trust Area,” dated April 2000. “Pueblo” means the Pueblo of Sandia in its government role. “Secretary” means the Secretary of Agriculture acting through the Chief of the Forest Service. “Settlement Agreement” is 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” means the permit issued December 1, 1993 to Sandia Peak Tram Company and Sandia Peak Ski Company, and the “special use permit area” is the land and facilities covered by that permit (about 46 acres for the tram corridor, about 945 acres for the ski area, plus the items in Exhibit A such as the maintenance road to the lower tram tower, water storage and distribution facilities, and 7 helispots). “Subdivision” names several housing areas shown on the map (Sandia Heights Addition; Sandia Heights North Unit I, II, or 3; Tierra Monte; Valley View Acres; Evergreen Hills) and any other private plots on the map. “Traditional or cultural use” means ceremonial activities (including placing ceremonial items) and noncommercial use, hunting, trapping, or gathering of plants, animals, wood, water, and other natural resources.