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By Walt Benson, Bernalillo County Commissioner — In 2003, the T’uf Shur Bien Preservation Trust Act was established by the United States Congress. Passage of the act settled a 1994 lawsuit and the Pueblo of Sandia’s claims of ownership of 10,000 acres in perpetuity. The act designated the land in question as National Forest and Wilderness lands under the protection of the United States Department of Agriculture through the National Forest Service.
Walt Benson is a Bernalillo County Commissioner representing District 4. He can be reached at BernCo.gov
The Trust Act recognized and protected the Pueblo of Sandia’s rights and interests of the area as well as the public’s longstanding use and enjoyment of the area which has been maintained by the National Forest Service. Sandia Pueblo, and Governor Stuart Paisano, were involved in the discussions regarding the terms of the Trust Act.
Now, after 23 years, Sandia Pueblo is asking Congress to transfer the 10,000 acres back to the stewardship of the pueblo. Representatives of Sandia Pueblo state recent budget cuts and staffing shortages by the federal government have resulted in poor trail and road conditions along with increased vandalism and litter in the area.
I am opposed to Sandia Pueblo’s request.
Nearly two million people visit the area every year and I have been contacted by constituents from across Bernalillo County concerned the transfer of ownership may eventually lead to the area being closed to members of the public. That is a chance we cannot take.
Keeping the original Trust Act in place means the 10,000 acres are still open to the public and, more importantly, will continue to support traditional and cultural uses by members of the Sandia Pueblo and other federally recognized tribes.
It took nearly nine years to settle the original 1994 lawsuit between Sandia Pueblo and the federal government once the negotiations were under way. The Trust Act was signed in perpetuity. If the requested transfer prevails and we reach a point where any new lawsuit is filed, we would be starting from scratch.
The most obvious solution would be to have the National Forest Service find the resources to maintain the acreage they are responsible for overseeing and I have reached out to United States Representative Melanie Stansbury’s office to offer my assistance.
Bernalillo County Public Works Division works cooperatively with the National Forest Service and the Pueblo of Sandia to maintain Forest Road 333 which is one of the main roads to access subdivisions in the area. We can create an opportunity to build on this foundation once we are able to obtain estimates of maintenance costs from Sandia Pueblo representatives.
It would also be worthwhile, at this point, to explore the possibility of identifying and combining state, county and city resources for maintenance of the 10,000 acres for a short period of time until there is a resolution with the federal government.
In the meantime, our residents can continue to enjoy the West face of the Sandia Mountains offering hiking, picnicking, biking, rock climbing, walking and scenic drives.
This is a precious resource, revered and enjoyed by many, and public access should not be at risk.