Ojito Wilderness Act
Latest Action
Became Public Law No: 109-94.
Official Summary
(This measure has not been amended since it was passed by the Senate on July 26, 2005. The summary of that version is repeated here.) Ojito Wilderness Act - (Sec. 3) Designates certain public land known as the Ojito Wilderness in New Mexico ( wilderness area) as a component of the National Wilderness Preservation System. Requires that the wilderness area be managed by the Secretary of the Interior in accordance with the Wilderness Act. Provides for the addition of specified land in New Mexico and any land within the boundaries of the wilderness area to the wilderness area if such land is acquired by the federal government. Permits grazing of livestock in the wilderness area where grazing rights were established before the enactment of this Act. Prohibits anything in this Act from: (1) affecting the jurisdiction or responsibilities of New Mexico with respect to fish and wildlife in the state; (2) constituting a reservation by the United States of any water or water rights with respect to the land designated as wilderness by this Act; (3) affecting any water rights in the state existing on the date of enactment of this Act, including any water rights held by the United States; (4) establishing a precedent with regard to any future wilderness designations; or (5) affecting the interpretation of, or any designation made pursuant to, any other Act. Declares that the Secretary shall follow the procedural and substantive requirements of the laws of the state in order to obtain and hold any water rights not in existence on enactment of this Act respecting the wilderness area. Prohibits the President, any other U.S. officer, employee, or agent from funding, assisting, authorizing, or issuing a license or permit for the development of any new water resource facility (as defined by this Act) within the wilderness area. Directs the Secretary to seek an exchange for state land within the boundaries of the wilderness area within three years after enactment. (Sec. 4) Requires the Secretary to hold in trust certain public lands for the Pueblo of Zia (Pueblo) and include such lands as part of the Pueblo's Reservation. Requires the Pueblo to pay the Secretary the fair market value (determined by an appraisal) of such public lands placed in trust. Authorizes the Secretary to use funds paid by the Pueblo to acquire non-federal lands in New Mexico. Preserves public access to Pueblo trust lands for recreational, scenic, scientific, educational, paleontological, and conservation uses. Authorizes a civil action in the U.S. District Court for the District of New Mexico to enforce right of public access. Preserves existing rights-of-way in the trust lands. Requires the Pueblo to grant any reasonable request for rights-of-way for utilities and pipelines in such lands.
GovScope Watchdog™
AI Government Intelligence™The Ojito Wilderness Act designates a specific area of public land in New Mexico as the Ojito Wilderness, incorporating it into the National Wilderness Preservation System. The Act mandates management of this wilderness area by the Secretary of the Interior under the Wilderness Act, allows for the addition of acquired lands within the wilderness boundaries, and permits pre-existing livestock grazing rights. It clarifies that the Act does not affect state jurisdiction over fish and wildlife, water rights, or set precedents for future wilderness designations. The Act also prohibits federal funding or authorization for new water resource developments within the wilderness. Additionally, it requires the Secretary to hold certain public lands in trust for the Pueblo of Zia, integrating these lands into the Pueblo's Reservation, while preserving public access and existing rights-of-way and authorizing enforcement actions to protect access rights.
The Ojito Wilderness Act formally protects designated lands in New Mexico as wilderness, balances federal and state rights, and establishes trust land arrangements with the Pueblo of Zia while preserving public access and existing land uses.
- Designates the Ojito Wilderness area in New Mexico as part of the National Wilderness Preservation System and mandates its management under the Wilderness Act.
- Allows grazing where rights existed before enactment and prohibits federal development of new water resource facilities within the wilderness.
- Requires the Secretary of the Interior to hold certain lands in trust for the Pueblo of Zia, preserving public access and existing rights-of-way on those lands.
['Secretary of the Interior (management authority)', 'Pueblo of Zia (land trust and reservation inclusion)', 'Public users (recreational, scenic, scientific, educational, paleontological, and conservation access)', 'Livestock owners with pre-existing grazing rights', 'State of New Mexico (retains jurisdiction over fish, wildlife, and water rights)']
['Implementation of land exchanges between federal and state lands within three years may require coordination and resources.', 'Ensuring compliance with state laws for acquiring and holding new water rights could complicate federal management.', 'Balancing public access with tribal land trust status may require ongoing oversight and enforcement.', 'Prohibition on new water resource development could limit future infrastructure projects within the wilderness area.']
The bill was passed by the Senate on July 26, 2005, and became Public Law No: 109-94 on October 26, 2005. It reflects federal efforts to expand the National Wilderness Preservation System while respecting state water rights and tribal land interests. The Act includes provisions to maintain existing land uses and rights, indicating a negotiated balance among federal, state, and tribal authorities.
Hidden impact flags detected: 2
GovScope reviewed 2 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['Potential increased collaboration between federal, state, and tribal authorities in managing land and water resources.', 'Preservation of public access may encourage recreational and educational activities, potentially benefiting local economies.', 'Restrictions on new water resource development could influence regional water infrastructure planning.']
The Act includes clear provisions preserving state water rights and jurisdiction, which may require ongoing intergovernmental coordination. The authorization of civil actions to enforce public access rights on tribal trust lands introduces a legal enforcement dimension that should be monitored for its impact on tribal-federal relations and public use. The absence of the full bill text limits detailed analysis of specific enforcement or funding mechanisms.
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