16 USC 539m-2 - T’uf Shur Bien Preservation Trust Area

U.S Code last checked for updates: Nov 22, 2024

§ 539m–2.

T’uf Shur Bien Preservation Trust Area

(a)

Establishment

The T’uf Shur Bien Preservation Trust Area is established within the Cibola National Forest and the Sandia Mountain Wilderness as depicted on the map—

(1)

to recognize and protect in perpetuity the rights and interests of the Pueblo in and to the Area, as specified in section 539m–3(a) of this title;

(2)

to preserve in perpetuity the national forest and wilderness character of the Area; and

(3)

to recognize and protect in perpetuity the longstanding use and enjoyment of the Area by the public.

(b)

Administration and applicable law

(1)

In general

(2)

Traditional or cultural uses

Traditional or cultural uses by Pueblo members and members of other federally-recognized Indian tribes authorized to use the Area by the Pueblo under section 539m–3(a)(4) of this title shall not be restricted except by—

(A)

the Wilderness Act (16 U.S.C. 1131 et seq.) (including regulations promulgated under that Act) as in effect on February 20, 2003; and

(B)

applicable Federal wildlife protection laws, as provided in section 539m–4(a)(2) of this title.

(3)

Later enactments

(4)

Trust

The use of the word “Trust” in the name of the Area—

(A)

is in recognition of the specific rights and interests of the Pueblo in the Area; and

(B)

does not confer on the Pueblo the ownership interest that exists in a case in which the Secretary of the Interior accepts the title to land held in trust for the benefit of an Indian tribe.

(c)

Map

(1)

Filing

(2)

Public availability

(3)

Effect

The map and legal description filed under paragraph (1) shall have the same effect as if the map and legal description were included in sections 539m to 539m–12 of this title, except that—

(A)

technical and typographical errors shall be corrected;

(B)

changes that may be necessary under subsection (b), (d), or (e) of section 539m–7 of this title or subsection (b) or (c) of section 539m–11 of this title shall be made; and

(C)

to the extent that the map and the language of sections 539m to 539m–12 of this title conflict, the language of sections 539m to 539m–12 of this title shall control.

(d)

No conveyance of title

(e)

Prohibited uses

(1)

In general

Notwithstanding any other provision of law—

(A)

no use prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) as of February 20, 2003, shall be permitted in the wilderness portion of the Area; and

(B)

none of the following uses shall be permitted in any portion of the Area:

(i)

Gaming or gambling.

(ii)

Mineral production.

(iii)

Timber production.

(iv)

Any new use to which the Pueblo objects under section 539m–3(a)(3) of this title.

(2)

Mining claims

(f)

No modification of boundaries

Establishment of the Area shall not—

(1)

affect the boundaries of or repeal or disestablish the Sandia Mountain Wilderness or the Cibola National Forest; or

(2)

modify the existing boundary of the Pueblo grant.

(Pub. L. 108–7, div. F, title IV, § 404, Feb. 20, 2003, 117 Stat. 282.)

cite as: 16 USC 539m-2