Sen. Heinrich Opposes Sandia Pueblo Push to Take Wilderness Land Into Reservation

By Ben Neary/NMWF

Sen. Martin Heinrich announced Thursday that he doesn’t support Sandia Pueblo’s push to transfer  nearly 10,000 acres of designated U.S. Forest Service wilderness land on the west side of the Sandia Mountains to the Sandia Indian Reservation.

Sandia Pueblo officials have said that federal Forest Service budget cuts have left the land unprotected, leading to vandalism and littering. 

The pueblo recently secured statements of support from Gov. Michelle Lujan Grisham, NM Commissioner of Public Lands Stephanie Garcia Richard and the Sandoval County Commission for its desire to transfer the land to the U.S. Department of Interior to be added to the pueblo’s reservation. 

Pueblo Gov. Stuart Paisano has said the pueblo would commit to keeping trails and other established public rights of way open to the general public. However, he said the pueblo is concerned about non-Indians traveling off-trail and disturbing cultural sites on the land.

Non-Indians would have no legal recourse if future Sandia Pueblo governments ever decided to impose greater restrictions on access to the land. As a sovereign nation, the pueblo is immune from lawsuits from private citizens or the state and Paisano said the pueblo would not be willing to waive its sovereign immunity.

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. That would leave congressional action as the pueblo’s only possible avenue to bring the land into the reservation, and that’s unlikely to happen without support of Heinrich, the state’s senior U.S. senator.

The 2003 legislation recognized the responsibility of the State of New Mexico to regulate hunting, fishing or trapping within the area by non-pueblo members.

Heinrich issued a statement on Thursday saying the federal government has a responsibility to respect Tribal sovereignty and self-determination and to honor the unique government-to-government relationship between the United States and Tribal Nations. “That means listening to Tribal leaders, taking their perspectives seriously and recognizing that Tribal Nationals have a unique history, culture and relationship to their homelands,” he said.

However, Heinrich said, “At the same time, I believe we have a responsibility to carefully consider the best path forward for the Sandia Mountains and the many other New Mexicans who cherish and responsibly use these lands. I strongly support strengthening the Pueblo’s co-stewardship with the U.S. Forest Service. But what I do not support is transferring title away from the Forest Service or eliminating this area’s wilderness protections.”

Heinrich said he will stay involved with the issue. “As discussions continue to evolve, I will keep listening to the Pueblo, all the New Mexicans who cherish these mountains and everyone who shares the common goal of protecting these treasured lands for future generations,” he said.

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

While Deubel said the NMWF recognizes that federal budget cuts to the Forest Service are a real concern nationwide, he said that’s not a legitimate reason for Congress to take land out of agency management, where it’s open to everyone, and terminate its wilderness status. 

“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.”