Sandia Pueblo Seeks To Add 10K Acres of National Forest Land To Its Reservation on West Side of Sandias; NM Gov. LuJan Grisham and Other Officials Approve

By Ben Neary

NMWF

Sandia Pueblo is pushing to add nearly 10,000 acres of federal land that’s currently managed by the U.S. Forest Service on the west side of the Sandia Mountains to its reservation – a move that would give the pueblo control over the future of public hunting, birding and other activities.

Stating that budget cuts at the Forest Service have left the land with inadequate management, pueblo officials are pushing to transfer the land to the U.S. Department of Interior to be held in trust for the pueblo. That transfer would make it part of the Sandia Indian Reservation.

Pueblo officials already have secured letters of support for their proposal from Gov. Michelle Lujan Gisham and NM Commissioner of Public Lands Stephanie Garcia Richard. The Sandoval County Commission approved a resolution in favor of it on June 24.

Pueblo Gov. Stuart Paisano told Sandoval County commissioners that recent Forest Service budget cuts have led to vandalism and littering. He said the pueblo has adequate law enforcement to police the area, while the Forest Service does not. 

 “To give it more oversight, it will be held into trust,” Paisano told commissioners.

In a later interview with the NMWF, Paisano said the pueblo is committed to provide continued public access to utilities, roads, homes and established trails. 

Paisano said the tribe intends to allow public hunting to continue once it becomes Indian land. He said the pueblo could enter into an agreement with the New Mexico Department of Wildlife to continue to offer hunts through the public draw.

“The hunting aspect of it that’s managed through Game and Fish right now would remain intact,” Paisano said. 

The land that Sandia Pueblo is seeking was the subject of congressional legislation that became law in 2003. 

The 2003 law, called the T'uf Shur Bien Preservation Trust Area Act, stated that Congress recognized and protected in perpetuity Sandia Pueblo’s rights and interest in the area. It also stated that the act was to ensure the permanent wilderness and National Forest character of the land, together with the public’s longstanding use and enjoyment of the area.

The congressional action extinguished all pueblo claims to the land not specifically listed in the legislation. That provision closed the door to any legal challenge by the pueblo to try to assert additional rights to the land.

The law recognized the responsibility of the State of New Mexico to regulate hunting, fishing or trapping within the area by non-pueblo members.

“We are going to be upholding the various provisions that were built into the original agreement,” Paisano said of the 2003 legislation. “We have no intent on changing those.”

Paisano acknowledged that future pueblo governments could opt to close the land to hunting and other activities if it were made part of the reservation.  

 As a sovereign Indian nation, Sandia Pueblo is immune from lawsuits from non-Indians and from the state. Efforts by non-Indians to contest road closures on tribal lands have been unsuccessful elsewhere in New Mexico.

Paisano said Sandia Pueblo would not be willing to waive its sovereign immunity to allow non-Indians to pursue legal action against the pueblo to challenge any actions the pueblo could take on the land.

Paisano said existing trails in the area – which includes the popular La Luz Trail and others – would remain with the Forest Service for maintenance. 

However, Paisano told Sandoval County Commissioners that the pueblo has concerns about non-Indians’ use of the land beyond designated trails.

“Our cultural leaders are very concerned that there’s a lot of trespassing,” Paisano told commissioners. “Because there’s no enforcement, people don’t stay on the trails. It’s like a spiderweb of trails now that are being developed. Everyone just picks and goes where they want to go.”

Some religious items have been removed and Sandia Pueblo members have had to adjust their pilgrimage times because they don’t want to be seen, Paisano said. “So by having a little bit more control of these types of things, I think we’ll improve the overall landscape of the area.”

Any future restriction on non-Indians walking off of existing trails would curtail the use of the land by hunters, rock-climbers, bird-watchers, artists and others seeking solitude in the wilderness. Such a restriction would also affect non-Indians whose property borders the area who commonly hike and recreate on the land.

Asked whether Sandia Pueblo would prohibit people from walking off of established trails if the land were taken into trust, Paisano said, “What we’re attempting to do is to try to just control the amount of people just wandering in certain areas. We clearly have an understanding that the mountain is there for all uses. And we’ve already endorsed that. It’s more a matter of controlling certain areas that we would like to have less foot traffic and remain on current approved trails. Right now, because people park wherever they want, people tend to park on the side of the road and then just start hiking all over certain areas that are culturally sensitive to us.”

Paisano said the pueblo would need to educate people who go to the area for recreation better than the Forest Service has done.

Transferring the land into trust for Sandia Pueblo would require congressional action. Paisano told commissioners that Sandia Pueblo is asking Rep. Melanie Stansbury to carry legislation. An attempt to reach her office for comment was not immediately successful.

Paisano told the NMWF the pueblo believes it’s close to a commitment from Stansbury to support the legislation.

Gov. Lujan Grisham’s July 8 letter is addressed to members of the state’s congressional delegation and encourages them to support the transfer. 

“The Sandia Mountains are among the most visited natural areas in New Mexico, and the strain on an overextended federal land-management system is increasingly evident,” Lujan Grisham wrote. “Long-time residents and tribal communities alike understand the deep significance of the Mountain, and the Pueblo of Sandia is uniquely positioned to support increased stewardship, public safety and ecological protection.”

Lujan Grishim stated that the proposed transfer would not alter existing public uses. “All presently authorized rights of way for utilities, roads and infrastructure will remain in place, ensuring continued public access and enjoyment,” she wrote. “This approach strengthens cultural preservation, improves land and resource management and maintains long-established recreational access for New Mexicans and visitors.”

Land Commissioner Garcia Richard’s letter to the congressional delegation in support of the proposed land transfer is similar to the governor’s letter.

“Most long-time residents know and understand the historical, religious, and cultural relationship of the Mountain to the Pueblo of Sandia, and to other tribes throughout the State,” Garcia Richard wrote. “The land transfer will open up additional resources and bring the Pueblo’s expertise in forestry and wildland management to the table.”

Jesse Deubel, executive director of the New Mexico Wildlife Federation, said the NMWF opposes the proposal to take the land into trust for Sandia Pueblo.

“The New Mexico Wildlife Federation recognizes that cuts to the Forest Service budget are a real concern across the nation,” Deubel said. “However, that’s not a legitimate reason for Congress to take this land out of Forest Service management. We would prefer to see the agency adequately funded and see the land protected to remain open to all for future generations.”

Deubel said the existing legislation ensures that the land will be accessible to everyone, including Sandia Pueblo members and members of the other 18 New Mexico pueblos. However, he said  non-Sandia Pueblo members would have no way to ensure access in the future if the land were brought into the Sandia Indian Reservation.

“It’s imperative that everyone respect our public lands, not litter and not interfere with Native American religious ceremonies and sites,” Deubel said. “Congress already has acted on this land. It has set it aside in perpetuity for the enjoyment of all Americans. The federation can’t support any action that could take that away.”