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Title 16, ConservationRelease 119-73not60

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

Title 16 › Chapter 2— NATIONAL FORESTS › Subchapter I— ESTABLISHMENT AND ADMINISTRATION › § 539m–11

Last updated Apr 5, 2026|Official source

Summary

The Secretary may take money or help from the Pueblo or others to do a survey of the Area or to carry out other projects under sections 539m to 539m–12. The survey must be finished within 1 year after February 20, 2003. Within 180 days after February 20, 2003, and after talking with the Pueblo, the Secretary must prepare and offer a land swap of National Forest land outside the Area (in sections 3, 10, 11, and 14 of T12N, R4E, N.M.P.M., Sandoval County, New Mexico) for Pueblo land in the Evergreen Hills subdivision and the La Luz tract. The Secretary may accept or pay more than 25 percent in cash equalization. Money from the swap goes into the fund under section 484a to buy non‑Federal land in or next to New Mexico National Forests. Land given to the Pueblo will be held in trust, added to the Reservation, kept in its natural state, and not used for commercial development. Land given to the Forest Service will follow the use limits in sections 539m to 539m–12. If the offer is not made within 180 days, the Secretary must report to the Senate and House committees explaining why and whether new laws are needed. If the swap is not finished by 30 days after June 9, 2014, and the Pueblo and the Secretary of the Interior ask, certain National Forest land shown on the October 18, 2013 map will be transferred to the Secretary of the Interior to hold in trust for the Pueblo, with a permanent undeveloped restriction and consistent with subsection (c). After that transfer, and with the Pueblo’s consent, the Interior will transfer the La Luz tract and a Piedra Lisa conservation easement to the Secretary and grant a Piedra Lisa Trail right‑of‑way. The Secretary may buy Pueblo‑owned Evergreen Hills or other private land inside the Area and adjust Forest boundaries. Subject to available money, the Secretary must pay fair market value for a right‑of‑way and the Piedra Lisa conservation easement. The Pueblo, Bernalillo County, and property owners who paid legal costs in Pueblo of Sandia v. Babbitt or related cases may apply for reimbursement for homeowner association legal fees and other legal costs. Applications must be filed with the Department of the Treasury, Financial Management Service, within 180 days after February 20, 2003. No applicant may receive more than $750,000, and total reimbursements may not exceed $3,000,000. Payments are subject to available appropriations and replace any Equal Access to Justice Act payments.

Full Legal Text

Title 16, §539m–11

Conservation, Source: USLM XML via OLRC

(a)(1)The Secretary may accept contributions from the Pueblo, or from other persons or governmental entities—
(A)to perform and complete a survey of the Area; or
(B)to carry out any other project or activity for the benefit of the Area in accordance with sections 539m to 539m–12 of this title.
(2)Not later than 1 year after February 20, 2003, the Secretary shall complete the survey of the Area under paragraph (1)(A).
(b)(1)Not later than 180 days after February 20, 2003, after consultation with the Pueblo, the Secretary shall, in accordance with applicable laws, prepare and offer a land exchange of National Forest land outside the Area and contiguous to the northern boundary of the Pueblo’s Reservation within section 3, 10, 11, and 14 of T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding wilderness land, for land owned by the Pueblo in the Evergreen Hills subdivision in Sandoval County contiguous to National Forest land, and the La Luz tract in Bernalillo County.
(2)Notwithstanding section 1716(b) of title 43, the Secretary may either make or accept a cash equalization payment in excess of 25 percent of the total value of the land or interests transferred out of Federal ownership.
(3)Any funds received by the Secretary as a result of the exchange shall be deposited in the fund established under section 484a of this title, and shall be available to purchase non-Federal land within or adjacent to the National Forests in the State of New Mexico.
(4)All land exchanged or conveyed to the Pueblo is declared to be held in trust for the Pueblo by the United States and added to the Pueblo’s Reservation subject to all existing and outstanding rights and shall, as a condition of the title to be conveyed, remain in its natural state and shall not be subject to commercial development of any kind. Land exchanged or conveyed to the Forest Service shall be subject to all limitations on use pertaining to the Area under sections 539m to 539m–12 of this title.
(5)If the land exchange offer is not made by the date that is 180 days after February 20, 2003, the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives, a report explaining the reasons for the failure to make the offer including an assessment of the need for any additional legislation that may be necessary for the exchange. If additional legislation is not necessary, the Secretary, consistent with this section, should proceed with the exchange pursuant to existing law.
(6)(A)If the land exchange authorized under paragraph (1) is not completed by the date that is 30 days after June 9, 2014, the Secretary, on request of the Pueblo and the Secretary of the Interior, shall transfer the National Forest land generally depicted as “Land to be Held in Trust” on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013, to the Secretary of the Interior to be held in trust by the United States for the Pueblo—
(i)subject to the restriction enforced by the Secretary of the Interior that the land remain undeveloped, with the natural characteristics of the land to be preserved in perpetuity; and
(ii)consistent with subsection (c).
(B)After the transfer under subparagraph (A) is complete, the Secretary of the Interior, with the consent of the Pueblo, shall—
(i)transfer to the Secretary, consistent with section 539m–9(c) of this title—
(I)the La Luz tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013; and
(II)the conservation easement for the Piedra Lisa tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013; and
(ii)grant to the Secretary a right-of-way for the Piedra Lisa Trail within the Piedra Lisa tract generally depicted on the map entitled “Sandia Pueblo Settlement Technical Amendment Act” and dated October 18, 2013.
(c)(1)The Secretary may acquire land owned by the Pueblo within the Evergreen Hills Subdivision in Sandoval County or any other privately held land inside of the exterior boundaries of the Area. The boundaries of the Cibola National Forest and the Area shall be adjusted to encompass any land acquired pursuant to this section.
(2)Subject to the availability of appropriations, the Secretary shall compensate the Pueblo for the fair market value of—
(A)the right-of-way established pursuant to section 539m–7(h)(3)(C) of this title; and
(B)the conservation easement established by the limitations on use of the Piedra Lisa tract pursuant to section 539m–7(b)(2) of this title.
(d)(1)The Pueblo, the County of Bernalillo, New Mexico, and any person that owns or has owned property inside of the exterior boundaries of the Area as designated on the map, and who has incurred actual and direct costs as a result of participating in the case of Pueblo of Sandia v. Babbitt, Civ. No. 94–2624 HHG (D.D.C.), or other proceedings directly related to resolving the issues litigated in that case, may apply for reimbursement in accordance with this section. Costs directly related to such participation which shall qualify for reimbursement shall be—
(A)dues or payments to a homeowner association for the purpose of legal representation; and
(B)legal fees and related expenses.
(2)Any reimbursement provided in this subsection shall be in lieu of that which might otherwise be available pursuant to the Equal Access to Justice Act (24 11 So in original. Probably should be “28”. U.S.C. 2412).
(3)Subject to the availability of appropriated funds the Secretary of the Treasury shall make reimbursement payments as provided in this section.
(4)Not later than 180 days after February 20, 2003, applications for reimbursement shall be filed with the Department of the Treasury, Financial Management Service, Washington, D.C.
(5)No party shall be reimbursed in excess of $750,000 under this section, and the total amount reimbursed in accordance with this section shall not exceed $3,000,000.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsecs. (a)(1)(B) and (b)(4), 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. section 1716(b) of title 43, referred to in subsec. (b)(2), was in the original “section 206(b) of the Federal Land Policy and Management Act” and was translated as reading “section 206(b) of the Federal Land Policy and Management Act of 1976” to reflect the probable intent of Congress. The Equal Access to Justice Act, referred to in subsec. (d)(2), is title II of Pub. L. 96–481, Oct. 21, 1980, 94 Stat. 2325. For complete classification of this Act to the Code, see

Short Title

note set out under section 504 of Title 5, Government Organization and Employees, and Tables.

Amendments

2014—Subsec. (b)(4). Pub. L. 113–119, § 2(1), substituted “title to be conveyed” for “conveyance”. Subsec. (b)(6). Pub. L. 113–119, § 2(2), added par. (6). 2009—Subsec. (b)(1). Pub. L. 111–11, § 3309(1), inserted “3,” after “sections”. Subsec. (b)(4). Pub. L. 111–11, § 3309(2), inserted “, as a condition of the conveyance,” before “remain” in first sentence.

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–11

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60