16 USC 539m-7 - Subdivisions and other property interests

U.S Code last checked for updates: May 02, 2024

§ 539m–7.

Subdivisions and other property interests

(a)

Subdivisions

(1)

In general

(2)

Jurisdiction

(A)

In general

(B)

State jurisdiction

(3)

Limitations on trust land

(b)

Piedra Lisa

(1)

In general

(2)

Declaration of trust title

The Piedra Lisa tract—

(A)

shall be transferred to the United States;

(B)

is declared to be held in trust for the Pueblo by the United States; and

(C)

shall be administered by the Secretary of the Interior subject to all limitations on use pertaining to the Area contained in sections 539m to 539m–12 of this title.

(3)

Applicability of certain restriction

(c)

Crest facilities

(1)

In general

(2)

Jurisdiction

(d)

Special use permit area

(1)

In general

(2)

Jurisdiction

(A)

In general

(B)

Preexisting status

(3)

Amendment to plan

(4)

Land dedicated to aerial tramway and related uses

(e)

La Luz tract

(1)

In general

(2)

Nonapplicability of certain restriction

(f)

Evergreen Hills access

(g)

Pueblo fee land

(h)

Rights-of-way

(1)

Road rights-of-way

(A)

In general

In accordance with the Pueblo having given its consent in the Settlement Agreement, the Secretary of the Interior shall grant to the County of Bernalillo, New Mexico, in perpetuity, the following irrevocable rights-of-way for roads identified on the map in order to provide for public access to the subdivisions, the special use permit land and facilities, the other leasehold and easement rights and interests of the Sandia Peak Tram Company and its affiliates, the Sandia Heights South Subdivision, and the Area—

(i)

a right-of-way for Tramway Road;

(ii)

a right-of-way for Juniper Hill Road North;

(iii)

a right-of-way for Juniper Hill Road South;

(iv)

a right-of-way for Sandia Heights Road; and

(v)

a right-of-way for Juan Tabo Canyon Road (Forest Road No. 333).

(B)

Conditions

The road rights-of-way shall be subject to the following conditions:

(i)

Such rights-of-way may not be expanded or otherwise modified without the Pueblo’s written consent, but road maintenance to the rights-of-way shall not be subject to Pueblo consent.

(ii)

The rights-of-way shall not authorize uses for any purpose other than roads without the Pueblo’s written consent.

(iii)

Except as provided in the Settlement Agreement, existing rights-of-way or leasehold interests and obligations held by the Sandia Peak Tram Company and its affiliates, shall be preserved, protected, and unaffected by sections 539m to 539m–12 of this title.

(2)

Utility rights-of-way

(3)

Forest Service rights-of-way

In accordance with the Pueblo having given its consent in the Settlement Agreement, the Secretary of the Interior shall grant to the Forest Service the following irrevocable rights-of-way in perpetuity for Forest Service trails crossing land of the Pueblo in order to provide for public access to the Area and through Pueblo land—

(A)

a right-of-way for a portion of the Crest Spur Trail (Trail No. 84), crossing a portion of the La Luz tract, as identified on the map;

(B)

a right-of-way for the extension of the Foothills Trail (Trail No. 365A), as identified on the map; and

(C)

a right-of-way for that portion of the Piedra Lisa North-South Trail (Trail No. 135) crossing the Piedra Lisa tract.

(Pub. L. 108–7, div. F, title IV, § 409, Feb. 20, 2003, 117 Stat. 287.)

cite as: 16 USC 539m-7