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UNDERSTANDING THE ISSUE
The proposed legislation would transfer nearly 10,000 acres of public land in the Sandia Mountains from the U.S. Forest Service into trust for the Pueblo of Sandia, making the land a part of the Sandia Reservation. The proposed transfer includes some of the mountain's most beloved public recreation areas, from the Sandia Peak Tram north through the La Luz and Piedra Lisa trails and beyond, as depicted in the map shown here.
The Pueblo has cited issues such as litter, road issues, vandalism, alleged overuse, and trail conditions to justify this unprecedented and extraordinary transfer of land. However, no study has been conducted to
examine these issues.
Fortunately, a carefully negotiated 2003 agreement between the Pueblo and the US government, called the T’uf Shur Bien Preservation Trust Area Act, provides a mechanism to work through the Pueblo’s concerns.
Many people are just learning about this proposal. This page provides background on the history, the current legislation, and why many New Mexicans believe Congress should preserve the existing agreement.
WHY ARE PEOPLE CONCERNED?
People have raised a variety of concerns about the proposal, including:
Public Access
The Sandias support over 2 million hikers, climbers, runners, birdwatchers, hunters, photographers, and families each year. The Sandias are central to Albuquerque’s identity and public access fuels New Mexico’s outdoor recreation economy.
Wilderness Protections
Wilderness designations are intended to provide permanent protection for America's most treasured public lands. Many people are concerned that transferring these lands out of U.S. Forest Service management could put those long-standing Wilderness protections at risk.
Setting a Precedent
Transferring federally protected Wilderness and National Forest lands could set a precedent for similar actions elsewhere.
Existing Agreements
The 2003 legislation was intended to permanently resolve the underlying land dispute. It stated that “all Pueblo claims to … lands within the Area … are herby permanently extinguished,” while protecting in perpetuity the Pueblo’s rights and interests, the public’s longstanding use and enjoyment of the area, and the wilderness designation.
FAQs
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The T'uf Shur Bien Preservation Trust Area Act, passed by Congress in 2002, resolved decades of litigation over the Sandia Mountains.
The legislation was the result of years of negotiation among the Pueblo of Sandia, the United States, local governments, private property owners, recreation advocates, and other stakeholders.
Rather than transferring ownership of the land, Congress created a unique compromise that:
Recognized the Pueblo's historic and cultural connection to the Sandias.
Guaranteed permanent access for traditional and religious practices.
Preserved public lands under the U.S. Forest Service.
Protected designated Wilderness.
Ensured continued public recreation and access.
Protected homeowners and existing property rights.
Ended the underlying litigation.
The agreement was designed to balance the interests of everyone with a connection to the Sandia Mountains.
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The Pueblo of Sandia argued that an 1859 federal survey incorrectly established the eastern boundary of its historic Spanish land grant.
In response, Congress approved a negotiated settlement that acknowledged the Pueblo's concerns while preserving federal management of the land.
Supporters described the legislation as a carefully crafted compromise that allowed everyone to give something and gain something. It was intended to provide a permanent resolution to the dispute.
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The Pueblo is proposing legislation that would transfer approximately 10,000 acres currently managed by the U.S. Forest Service into trust for the Pueblo of Sandia.
Unlike the 2003 agreement, this proposal would move the land from the U.S. Forest Service to the Pueblo of Sandia, making the land a part of the Sandia Reservation. The two-page draft proposal leaves many questions unanswered. The new proposal would replace a carefully negotiated agreement that has successfully balanced competing interests for more than two decades.
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Over two million people recreate throughout the Sandia Mountains annually.
Pueblo leaders have stated they intend to maintain access to existing trails, roads, and utilities. They have not specified which trails count as “existing” trails, and public access to trails is not mentioned in the draft legislation.
At the same time, they have acknowledged that future Pueblo governments could make different decisions about public access and have expressed interest in limiting off-trail travel.
While no one knows how the Pueblo would manage these lands (for example, close them entirely to the public, require guides for hikes, require appointments for hikes, charge high access fees, etc.) the recent changes at Tent Rocks could
offer an indication.Tent Rocks, which is co-managed by the BLM and the Pueblo of Cochiti, was closed for over four years during and after
COVID.Now Tent Rocks is:
• Closed about 8 weeks per year (including from December 15 to January 31)
• Requiring appointments to hike/visit:
• Requiring that “Visitors must obtain a Cochiti Pueblo Tribal Access Pass directly from the Pueblo prior to entering the
Monument,” which cost $20 per adult, $10 per child. -
The T'uf Shur Bien Act was the result of years of negotiation and compromise. It protected Pueblo cultural rights while guaranteeing public access, Wilderness protections, recreation, and private property rights.
That balance has worked well for more than two decades and all of the Pueblo’s stated concerns can be addressed through the 2003 framework.
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The proposal includes thousands of acres of federally designated Wilderness.
It is unclear how existing Wilderness protections would be preserved if these lands are transferred out of U.S. Forest Service management and into trust.
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The Pueblo has said that the USFS budget has been cut and that this justifies transferring the 10,000 acres.
The data shows robust growth:
Year-by-Year Total Budget Enacted (FY 2017 – FY 2026)
The figures below represent total regular agency appropriations (discretionary and mandatory combined) based on historical USDA Budget Summaries and congressional disclosures: [1, 2, 3, 4, 5]
FY 2017: $5.67 billion
FY 2018: $4.73 billion (Reflected structural cuts to non-fire programs)
FY 2019: $5.95 billion
FY 2020: $5.14 billion
FY 2021: $7.42 billion (Began receiving emergency infrastructure boosts)
FY 2022: $8.41 billion (Boosted significantly by the Bipartisan Infrastructure Law)
FY 2023: $9.30 billion
FY 2024: $9.50 billion
FY 2025: $8.90 billion (Enacted under temporary Continuing Resolutions)
FY 2026: $8.50 billion (Approved by Congress, rejecting steeper executive cut requests
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Existing private property—including three residential subdivisions and several other privately owned parcels—would remain privately owned under the proposed legislation.
However, because many of these properties rely on access through the proposed land transfer area, there are concerns about long-term access, emergency services, law enforcement, road maintenance, etc. and how these services would be managed in the future. Residents wonder if they will face similar access issues as those seen on Bernalillo County Road 36, if their properties are surrounded by tribal land.
These issues were major considerations during the negotiations that led to the 2003 T'uf Shur Bien Act.
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The most important thing is contact your members of Congress and ask them to preserve the balance established by the 2003 agreement
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Supporting Documents
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2003 T'uf Shur Bien Preservation Trust Area Act
Congressional testimony and other documents coming soon.
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Coming Soon
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The Tierra Monte neighborhood website provides an overview of the original dispute and negotiations leading to the 2003 Act, along with news clippings from 1998-2003.
On the neighborhood website, click “History” and then “Pueblo Claims.”