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MEDIA STATEMENT: New Mexico Wild Statement on Sandia Pueblo Transfer Act Proposal

FOR IMMEDIATE RELEASE

ALBUQUERQUE, NM — For more than two decades, the 2003 T’uf Shur Bien Preservation Trust Area Act has stood as a compromise, a settlement of a legal dispute that recognizes Sandia Pueblo’s deep connection to the Sandia Mountains while preserving these lands as a national forest and wilderness for all New Mexicans to enjoy. New Mexico Wild has long supported this balance and the good-faith partnership it is intended to represent.

Sandia Pueblo is proposing to acquire 10,000 acres of lands governed by that Act—ancestral lands in the Cibola National Forest, including approximately 7,500 acres of the Sandia Mountain Wilderness, which would require new federal legislation altering the settlement. This special place is frequently visited and beloved by Burqueños and other New Mexicans for a variety of recreational activities, not just hiking, but also birding, rock climbing, backcountry camping, and many other uses. The area also contains private neighborhoods.

It is unsurprising that people have questions and concerns when hearing about a proposal that would affect what are shared public lands—national forest and designated wilderness—that were the subject of a final settlement. A proposal as significant as this one, that could change the relationship of thousands of New Mexicans and visitors to the Sandia Mountains, deserves a deliberate and transparent process where neighborhoods, recreational groups, and other community stakeholders can truly understand the proposal and its implications. It is also important to hear from the Pueblo about what exactly they are proposing, why they believe this step is necessary, and why now.

Some history is in order. After decades of conflict and litigation regarding the Pueblo of Sandia’s historic land claim to portions of Sandia Mountain, a settlement agreement was executed between the United States and the Pueblo. A subsequent Act signed into law in 2003 (Pub. L. 108–7, Div. F, Title IV, the T’uf Shur Bien Preservation Trust Area Act) provided for the implementation of the settlement, establishing the Trust Area within the Cibola National Forest and the Sandia Mountain Wilderness.

Among other elements, the Act provided:

  • restrictions on future development;
  • the right of the Pueblo to unrestricted access for traditional and cultural uses;
  • the right of the Pueblo to participate in management of the area;
  • exclusive jurisdiction by the Pueblo over certain activities of its members and other Native Americans;
  • the ability to veto any new land management activities; and
  • the right to dispute resolution.

Nothing in the Act prevents the Pueblo from pursuing additional management opportunities, and the Act specifically provides that the Forest Service “may accept contributions from the Pueblo, or from other persons or governmental entities . . . to carry out any other project or activity for the benefit of the Area.”

Critical to this current conversation, the Act also includes provisions regarding public access and ownership. In recognition of the Pueblo receiving the rights and interests in the Area guaranteed by the Act, the Act resolved with finality the Pueblo’s claim to Sandia Mountain by extinguishing any and all claims related to the Area; maintains public ownership and full access to the National Forest and Wilderness lands; and clears title for existing landowners. The Act also preserves in perpetuity the national forest and wilderness character of the Area and the use and enjoyment of the area by the public.

We want to be clear that we take the Pueblo’s concerns seriously and seek a better understanding of and resolution for them. The issues they have raised regarding land management, law enforcement, and threats to cultural resources and sacred sites deserve a robust response.

If new legislation does move forward, for New Mexico Wild to support, it would need to preserve continued federal land management and public ownership; maintain existing title; keep the existing Wilderness Area designation intact; and provide legal assurance of the public’s continued access, use, and enjoyment of the area in perpetuity.

Moreover, Sandia Pueblo has talked publicly about limiting public access to major trail corridors, which would mean that current uses such as bow hunting, mushroom gathering, and rock climbing, among many other currently permissible activities, could be effectively prohibited. Current management regulations provide for the closure of certain areas to protect cultural resources. The prospect of closing all off-trail activities for the entire area, however, is being met with fear and anger.

New Mexico Wild has been honored to work in solidarity with Pueblos for decades towards shared goals of conserving ecologically and culturally significant places, such as Greater Chaco, Caja del Rio, the Upper Pecos Watershed, and many others. New Mexico Wild deeply respects Tribal Sovereignty.

These relationships have been forged through hard-fought protection campaigns. We have been successful because of our mutual willingness to be patient and open, and to deal with challenging situations and conversations with respect. We want to remember and honor that history now. Whatever the outcome of this proposal, we will still be neighbors, and we ask everyone to keep that in mind.

We know from experience that federal legislation in today’s political environment rarely moves quickly, and this provides us with an opportunity for a more deliberate process to avoid misunderstandings and future regrets and resentments. New Mexico Wild commits to continuing to work with Sandia Pueblo, our members, and the larger community to both address their concerns and maintain the current protections and access the area now enjoys.

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