16 U.S.C. § 539m–2 — T'uf Shur Bien Preservation Trust Area

FEDERAL · 16 U.S.C. · Chapter 2

T'uf Shur Bien Preservation Trust Area

Current through Pub. L. 119-102

Title 16 — Conservation·Ch. 2 — NATIONAL FORESTS·Subch. I

(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 The Secretary shall continue to administer the Area as part of the National Forest System subject to and consistent with the provisions of sections 539m to 539m–12 of this title affecting management of the Area.

(2)Traditional or

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(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
The Secretary shall continue to administer the Area as part of the National Forest System subject to and consistent with the provisions of sections 539m to 539m–12 of this title affecting management of the Area.
(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
To the extent that any law enacted or amended after February 20, 2003, is inconsistent with sections 539m to 539m–12 of this title, the law shall not apply to the Area unless expressly made applicable by Congress.
(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
As soon as practicable after February 20, 2003, the Secretary shall file the map and a legal description of the Area with the Committee on Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate.
(2) Public availability
The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Washington, District of Columbia.
(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
No right, title, or interest of the United States in or to the Area or any part of the Area shall be conveyed to or exchanged with any person, trust, or governmental entity, including the Pueblo, without specific authorization of Congress.
(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
The Area is closed to the location of mining claims under section 2320 of the Revised Statutes (30 U.S.C. 23) (commonly known as the "Mining Law of 1872").
(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.

16 U.S.C. § 539m–2 (T'uf Shur Bien Preservation Trust Area) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

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

Editorial Notes

Editorial Notes

References in Text
Sections 539m to 539m–12 of this title, referred to in subsecs. (b)(1), (3) and (c)(3), 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.
The Wilderness Act, referred to in subsecs. (b)(2)(A) and (e)(1)(A), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
The Mining Law of 1872, referred to in subsec. (e)(2), is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For complete classification of such Revised Statutes sections to the Code, see Tables.

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.