§539m–7 Subdivisions and Other Property Interests

Summary

Excludes several specific parcels from the Area and says who will control them and how they may be used. The Pueblo will not have any civil or criminal authority — like courts, taxing, zoning, or other rules — over the subdivisions and certain other lands that are taken out of the Area. State and local authority stays in place for those lands, except the Pueblo may ask to transfer about 35 contiguous, nonsubdivided acres in northern Evergreen Hills that it owned on February 20, 2003 to the United States. If transferred, the United States will hold that land in trust for the Pueblo and the Secretary of the Interior will manage it under the use limits in sections 539m to 539m–12. The Piedra Lisa and La Luz tracts will also be transferred to and held in trust by the United States and managed by the Secretary, under the same use limits; a specified restriction in section 539m–4(a)(4) will not apply except on Forest Service trails. Land with the crest facilities and land covered by a special use permit are excluded too, and the Pueblo has no civil or criminal authority there while the land’s prior jurisdictional status stays the same. If the special use permit is amended to add land for tram realignment, that added land will become excluded and get the same status; land taken out of the permit later will be put back into the Area only after final agency action. Because the Pueblo agreed in a Settlement Agreement, the Secretary of the Interior must give permanent, irrevocable rights-of-way to Bernalillo County for five named roads (Tramway Road; Juniper Hill Road North; Juniper Hill Road South; Sandia Heights Road; and Juan Tabo Canyon Road (Forest Road No. 333)). Those road rights-of-way cannot be expanded or used for other purposes without the Pueblo’s written consent, though road maintenance does not need Pueblo consent. Existing rights of the Sandia Peak Tram Company remain protected. The Secretary must also grant permanent utility rights-of-way for gas, power, water, telecom, and cable to serve listed neighborhoods, mostly inside existing corridors; most new utilities must be placed underground unless the Pueblo agrees otherwise. Finally, the Secretary must grant permanent trail rights-of-way to the Forest Service for specified trails (Crest Spur Trail No. 84 across part of La Luz, Foothills Trail extension No. 365A, and Piedra Lisa North-South Trail No. 135). The Secretary must keep Forest Service Road 333D in adequate condition under section 3210(a).