[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1892 Enrolled Bill (ENR)]
S.1892
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To authorize the acquisition of the Valles Caldera, to provide for an
effective land and wildlife management program for this resource within
the Department of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This title may be cited as the ``Valles Caldera Preservation Act''.

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TITLE I

-VALLES CALDERA NATIONAL PRESERVE AND TRUST

(a) Findings.--Congress finds that--
(1) the Baca ranch comprises most of the Valles Caldera in
central New Mexico, and constitutes a unique land mass, with
significant scientific, cultural, historic, recreational,
ecological, wildlife, fisheries, and productive values;
(2) the Valles Caldera is a large resurgent lava dome with
potential geothermal activity;
(3) the land comprising the Baca ranch was originally granted
to the heirs of Don Luis Maria Cabeza de Vaca in 1860;
(4) historical evidence, in the form of old logging camps and
other artifacts, and the history of territorial New Mexico indicate
the importance of this land over many generations for domesticated
livestock production and timber supply;
(5) the careful husbandry of the Baca ranch by the current
owners, including selective timbering, limited grazing and hunting,
and the use of prescribed fire, have preserved a mix of healthy
range and timber land with significant species diversity, thereby
serving as a model for sustainable land development and use;
(6) the Baca ranch's natural beauty and abundant resources, and
its proximity to large municipal populations, could provide
numerous recreational opportunities for hiking, fishing, camping,
cross-country skiing, and hunting;
(7) the Forest Service documented the scenic and natural values
of the Baca ranch in its 1993 study entitled ``Report on the Study
of the Baca Location No. 1, Santa Fe National Forest, New Mexico'',
as directed by Public Law 101-556;
(8) the Baca ranch can be protected for current and future
generations by continued operation as a working ranch under a
unique management regime which would protect the land and resource
values of the property and surrounding ecosystem while allowing and
providing for the ranch to eventually become financially self-
sustaining;
(9) the current owners have indicated that they wish to sell
the Baca ranch, creating an opportunity for Federal acquisition and
public access and enjoyment of these lands;
(10) certain features on the Baca ranch have historical and
religious significance to Native Americans which can be preserved
and protected through Federal acquisition of the property;
(11) the unique nature of the Valles Caldera and the potential
uses of its resources with different resulting impacts warrants a
management regime uniquely capable of developing an operational
program for appropriate preservation and development of the land
and resources of the Baca ranch in the interest of the public;
(12) an experimental management regime should be provided by
the establishment of a Trust capable of using new methods of public
land management that may prove to be cost-effective and
environmentally sensitive; and
(13) the Secretary may promote more efficient management of the
Valles Caldera and the watershed of the Santa Clara Creek through
the assignment of purchase rights of such watershed to the Pueblo
of Santa Clara.
(b) Purposes.--The purposes of this title are--
(1) to authorize Federal acquisition of the Baca ranch;
(2) to protect and preserve for future generations the
scientific, scenic, historic, and natural values of the Baca ranch,
including rivers and ecosystems and archaeological, geological, and
cultural resources;
(3) to provide opportunities for public recreation;
(4) to establish a demonstration area for an experimental
management regime adapted to this unique property which
incorporates elements of public and private administration in order
to promote long term financial sustainability consistent with the
other purposes enumerated in this subsection; and
(5) to provide for sustained yield management of Baca ranch for
timber production and domesticated livestock grazing insofar as is
consistent with the other purposes stated herein.

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In this title:
(1) Baca ranch.--The term ``Baca ranch'' means the lands and
facilities described in section 104(a).
(2) Board of trustees.--The terms ``Board of Trustees'' and
``Board'' mean the Board of Trustees as described in section 107.
(3) Committees of congress.--The term ``Committees of
Congress'' means the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives.
(4) Financially self-sustaining.--The term ``financially self-
sustaining'' means management and operating expenditures equal to
or less than proceeds derived from fees and other receipts for
resource use and development and interest on invested funds.
Management and operating expenditures shall include Trustee
expenses, salaries and benefits of staff, administrative and
operating expenses, improvements to and maintenance of lands and
facilities of the Preserve, and other similar expenses. Funds
appropriated to the Trust by Congress, either directly or through
the Secretary, for the purposes of this title shall not be
considered.
(5) Multiple use and sustained yield.--The term ``multiple use
and sustained yield'' has the combined meaning of the terms
``multiple use'' and ``sustained yield of the several products and
services'', as defined under the Multiple-Use Sustained-Yield Act
of 1960 (16 U.S.C. 531).
(6) Preserve.--The term ``Preserve'' means the Valles Caldera
National Preserve established under section 105.
(7) Secretary.--Except where otherwise provided, the term
``Secretary'' means the Secretary of Agriculture.
(8) Trust.--The term ``Trust'' means the Valles Caldera Trust
established under section 106.

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(a) Acquisition of Baca Ranch.--
(1) In general.--In compliance with the Act of June 15, 1926
(16 U.S.C. 471a), the Secretary is authorized to acquire all or
part of the rights, title, and interests in and to approximately
94,761 acres of the Baca ranch, comprising the lands, facilities,
and structures referred to as the Baca Location No. 1, and
generally depicted on a plat entitled ``Independent Resurvey of the
Baca Location No. 1'', made by L.A. Osterhoudt, W.V. Hall, and
Charles W. Devendorf, U.S. Cadastral Engineers, June 30, 1920-
August 24, 1921, under special instructions for Group No. 107 dated
February 12, 1920, in New Mexico.
(2) Source of funds.--The acquisition under paragraph (1) may
be made by purchase through appropriated or donated funds, by
exchange, by contribution, or by donation of land. Funds
appropriated to the Secretary from the Land and Water Conservation
Fund shall be available for this purpose.
(3) Basis of sale.--The acquisition under paragraph (1) shall
be based on an appraisal done in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions and--
(A) in the case of purchase, such purchase shall be on a
willing seller basis for no more than the fair market value of
the land or interests therein acquired; and
(B) in the case of exchange, such exchange shall be for
lands, or interests therein, of equal value, in conformity with
the existing exchange authorities of the Secretary.
(4) Deed.--The conveyance of the offered lands to the United
States under this subsection shall be by general warranty or other
deed acceptable to the Secretary and in conformity with applicable
title standards of the Attorney General.
(b) Addition of Land to Bandelier National Monument.--Upon
acquisition of the Baca ranch under subsection (a), the Secretary of
the Interior shall assume administrative jurisdiction over those lands
within the boundaries of the Bandelier National Monument as modified
under section 3 of Public Law 105-376 (112 Stat. 3389).
(c) Plat and Maps.--
(1) Plat and maps prevail.--In case of any conflict between a
plat or a map and acreages, the plat or map shall prevail.
(2) Minor corrections.--The Secretary and the Secretary of the
Interior may make minor corrections in the boundaries of the Upper
Alamo watershed as depicted on the map referred to in section 3 of
Public Law 105-376 (112 Stat. 3389).
(3) Boundary modification.--Upon the conveyance of any lands to
any entity other than the Secretary, the boundary of the Preserve
shall be modified to exclude such lands.
(4) Final maps.--Within 180 days of the date of acquisition of
the Baca ranch under subsection (a), the Secretary and the
Secretary of the Interior shall submit to the Committees of
Congress a final map of the Preserve and a final map of Bandelier
National Monument, respectively.
(5) Public availability.--The plat and maps referred to in the
subsection shall be kept and made available for public inspection
in the offices of the Chief, Forest Service, and Director, National
Park Service, in Washington, D.C., and Supervisor, Santa Fe
National Forest, and Superintendent, Bandelier National Monument,
in the State of New Mexico.
(d) Watershed Management Report.--The Secretary, acting through the
Forest Service, in cooperation with the Secretary of the Interior,
acting through the National Park Service, shall--
(1) prepare a report of management alternatives which may--
(A) provide more coordinated land management within the
area known as the upper watersheds of Alamo, Capulin, Medio,
and Sanchez Canyons, including the areas known as the Dome
Diversity Unit and the Dome Wilderness;
(B) allow for improved management of elk and other wildlife
populations ranging between the Santa Fe National Forest and
the Bandelier National Monument; and
(C) include proposed boundary adjustments between the Santa
Fe National Forest and the Bandelier National Monument to
facilitate the objectives under subparagraphs (A) and (B); and
(2) submit the report to the Committees of Congress within 120
days of the date of enactment of this title.
(e) Outstanding Mineral Interests.--The acquisition of the Baca
ranch by the Secretary shall be subject to all outstanding valid
existing mineral interests. The Secretary is authorized and directed to
negotiate with the owners of any fractional interest in the subsurface
estate for the acquisition of such fractional interest on a willing
seller basis for not to exceed its fair market value, as determined by
appraisal done in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions. Any such interests acquired within the
boundaries of the Upper Alamo watershed, as referred to in subsection
(b), shall be administered by the Secretary of the Interior as part of
Bandelier National Monument.
(f) Boundaries of the Baca Ranch.--For purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Baca ranch shall be treated as if they were National
Forest boundaries existing as of January 1, 1965.
(g) Pueblo of Santa Clara.--
(1) In general.--The Secretary may assign to the Pueblo of
Santa Clara rights to acquire for fair market value portions of the
Baca ranch. The portion that may be assigned shall be determined by
mutual agreement between the Pueblo and the Secretary based on
optimal management considerations for the Preserve including
manageable land line locations, public access, and retention of
scenic and natural values. All appraisals shall be done in
conformity with the Uniform Appraisal Standards for Federal Land
Acquisition.
(2) Status of land acquired.--As of the date of acquisition,
the fee title lands, and any mineral estate underlying such lands,
acquired under this subsection by the Pueblo of Santa Clara are
deemed transferred into trust in the name of the United States for
the benefit of the Pueblo of Santa Clara and such lands and mineral
estate are declared to be part of the existing Santa Clara Indian
Reservation.
(3) Mineral estate.--Any mineral estate acquired by the United
States pursuant to section 104(e) underlying fee title lands
acquired by the Pueblo of Santa Clara shall not be developed
without the consent of the Secretary of the Interior and the Pueblo
of Santa Clara.
(4) Savings.--Any reservations, easements, and covenants
contained in an assignment agreement entered into under paragraph
(1) shall not be affected by the acquisition of the Baca ranch by
the United States, the assumption of management by the Valles
Caldera Trust, or the lands acquired by the Pueblo being taken into
trust.

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(a) Establishment.--Upon the date of acquisition of the Baca ranch
under section 104(a), there is hereby established the Valles Caldera
National Preserve as a unit of the National Forest System which shall
include all Federal lands and interests in land acquired under sections
104(a) and 104(e), except those lands and interests in land
administered or held in trust by the Secretary of the Interior under
sections 104(b) and 104(g), and shall be managed in accordance with the
purposes and requirements of this title.
(b) Purposes.--The purposes for which the Preserve is established
are to protect and preserve the scientific, scenic, geologic,
watershed, fish, wildlife, historic, cultural, and recreational values
of the Preserve, and to provide for multiple use and sustained yield of
renewable resources within the Preserve, consistent with this title.
(c) Management Authority.--Except for the powers of the Secretary
enumerated in this title, the Preserve shall be managed by the Valles
Caldera Trust established by section 106.
(d) Eligibility for Payment in Lieu of Taxes.--Lands acquired by
the United States under section 104(a) shall constitute entitlement
lands for purposes of the Payment in Lieu of Taxes Act (31 U.S.C. 6901-
6904).
(e) Withdrawals.--
(1) In general.--Upon acquisition of all interests in minerals
within the boundaries of the Baca ranch under section 104(e),
subject to valid existing rights, the lands comprising the Preserve
are thereby withdrawn from disposition under all laws pertaining to
mineral leasing, including geothermal leasing.
(2) Materials for roads and facilities.--Nothing in this title
shall preclude the Secretary, prior to assumption of management of
the Preserve by the Trust, and the Trust thereafter, from allowing
the utilization of common varieties of mineral materials such as
sand, stone, and gravel as necessary for construction and
maintenance of roads and facilities within the Preserve.
(f) Fish and Game.--Nothing in this title shall be construed as
affecting the responsibilities of the State of New Mexico with respect
to fish and wildlife, including the regulation of hunting, fishing, and
trapping within the Preserve, except that the Trust may, in
consultation with the Secretary and the State of New Mexico, designate
zones where and establish periods when no hunting, fishing, or trapping
shall be permitted for reasons of public safety, administration, the
protection of nongame species and their habitats, or public use and
enjoyment.
(g) Redondo Peak.--
(1) In general.--For the purposes of preserving the natural,
cultural, religious, and historic resources on Redondo Peak upon
acquisition of the Baca ranch under section 104(a), except as
provided in paragraph (2), within the area of Redondo Peak above
10,000 feet in elevation--
(A) no roads, structures, or facilities shall be
constructed; and
(B) no motorized access shall be allowed.
(2) Exceptions.--Nothing in this subsection shall preclude--
(A) the use and maintenance of roads and trails existing as
of the date of enactment of this Act;
(B) the construction, use and maintenance of new trails,
and the relocation of existing roads, if located to avoid
Native American religious and cultural sites; and
(C) motorized access necessary to administer the area by
the Trust (including measures required in emergencies involving
the health or safety of persons within the area).

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(a) Establishment.--There is hereby established a wholly owned
government corporation known as the Valles Caldera Trust which is
empowered to conduct business in the State of New Mexico and elsewhere
in the United States in furtherance of its corporate purposes.
(b) Corporate Purposes.--The purposes of the Trust are--
(1) to provide management and administrative services for the
Preserve;
(2) to establish and implement management policies which will
best achieve the purposes and requirements of this title;
(3) to receive and collect funds from private and public
sources and to make dispositions in support of the management and
administration of the Preserve; and
(4) to cooperate with Federal, State, and local governmental
units, and with Indian tribes and Pueblos, to further the purposes
for which the Preserve was established.
(c) Necessary Powers.--The Trust shall have all necessary and
proper powers for the exercise of the authorities vested in it.
(d) Staff.--
(1) In general.--The Trust is authorized to appoint and fix the
compensation and duties of an executive director and such other
officers and employees as it deems necessary without regard to the
provisions of title 5, United States Code, governing appointments
in the competitive service, and may pay them without regard to the
provisions of chapter 51, and subchapter III of chapter 53, title
5, United States Code, relating to classification and General
Schedule pay rates. No employee of the Trust shall be paid at a
rate in excess of that payable to the Supervisor of the Santa Fe
National Forest or the Superintendent of the Bandelier National
Monument, whichever is greater.
(2) Federal employees.--
(A) In general.--Except as provided in this title,
employees of the Trust shall be Federal employees as defined by
title 5, United States Code, and shall be subject to all rights
and obligations applicable thereto.
(B) Use of federal employees.--At the request of the Trust,
the employees of any Federal agency may be provided for
implementation of this title. Such employees detailed to the
Trust for more than 30 days shall be provided on a reimbursable
basis.
(e) Government Corporation.--
(1) In general.--The Trust shall be a Government Corporation
subject to chapter 91 of title 31, United States Code (commonly
referred to as the Government Corporation Control Act). Financial
statements of the Trust shall be audited annually in accordance
with section 9105 of title 31 of the United States Code.
(2) Reports.--Not later than January 15 of each year, the Trust
shall submit to the Secretary and the Committees of Congress a
comprehensive and detailed report of its operations, activities,
and accomplishments for the prior year including information on the
status of ecological, cultural, and financial resources being
managed by the Trust, and benefits provided by the Preserve to
local communities. The report shall also include a section that
describes the Trust's goals for the current year.
(3) Annual budget.--
(A) In general.--The Trust shall prepare an annual budget
with the goal of achieving a financially self-sustaining
operation within 15 full fiscal years after the date of
acquisition of the Baca ranch under section 104(a).
(B) Budget request.--The Secretary shall provide necessary
assistance (including detailees as necessary) to the Trust for
the timely formulation and submission of the annual budget
request for appropriations, as authorized under section 111(a),
to support the administration, operation, and maintenance of
the Preserve.
(f) Taxes.--The Trust and all properties administered by the Trust
shall be exempt from all taxes and special assessments of every kind by
the State of New Mexico, and its political subdivisions including the
counties of Sandoval and Rio Arriba.
(g) Donations.--The Trust may solicit and accept donations of
funds, property, supplies, or services from individuals, foundations,
corporations, and other private or public entities for the purposes of
carrying out its duties. The Secretary, prior to assumption of
management of the Preserve by the Trust, and the Trust thereafter, may
accept donations from such entities notwithstanding that such donors
may conduct business with the Department of Agriculture or any other
department or agency of the United States.
(h) Proceeds.--
(1) In general.--Notwithstanding sections 1341 and 3302 of
title 31 of the United States Code, all monies received from
donations under subsection (g) or from the management of the
Preserve shall be retained and shall be available, without further
appropriation, for the administration, preservation, restoration,
operation and maintenance, improvement, repair, and related
expenses incurred with respect to properties under its management
jurisdiction.
(2) Fund.--There is hereby established in the Treasury of the
United States a special interest bearing fund entitled ``Valles
Caldera Fund'' which shall be available, without further
appropriation for any purpose consistent with the purposes of this
title. At the option of the Trust, or the Secretary in accordance
with section 110, the Secretary of the Treasury shall invest excess
monies of the Trust in such account, which shall bear interest at
rates determined by the Secretary of the Treasury taking into
consideration the current average market yield on outstanding
marketable obligations of the United States of comparable maturity.
(i) Restrictions on Disposition of Receipts.--Any funds received by
the Trust, or the Secretary in accordance with section 109(b), from the
management of the Preserve shall not be subject to partial distribution
to the State under--
(1) the Act of May 23, 1908, entitled ``an Act making
appropriations for the Department of Agriculture for the fiscal
year ending June thirtieth, nineteen hundred and nine'' (35 Stat.
260, chapter 192; 16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 500); or
(3) any other law.
(j) Suits.--The Trust may sue and be sued in its own name to the
same extent as the Federal Government. For purposes of such suits, the
residence of the Trust shall be the State of New Mexico. The Trust
shall be represented by the Attorney General in any litigation arising
out of the activities of the Trust, except that the Trust may retain
private attorneys to provide advice and counsel.
(k) Bylaws.--The Trust shall adopt necessary bylaws to govern its
activities.
(l) Insurance and Bond.--The Trust shall require that all holders
of leases from, or parties in contract with, the Trust that are
authorized to occupy, use, or develop properties under the management
jurisdiction of the Trust, procure proper insurance against any loss in
connection with such properties, or activities authorized in such lease
or contract, as is reasonable and customary.
(m) Name and Insignia.--The Trust shall have the sole and exclusive
right to use the words ``Valles Caldera Trust'', and any seal, emblem,
or other insignia adopted by the Board of Trustees. Without express
written authority of the Trust, no person may use the words ``Valles
Caldera Trust'' as the name under which that person shall do or purport
to do business, for the purpose of trade, or by way of advertisement,
or in any manner that may falsely suggest any connection with the
Trust.

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(a) In General.--The Trust shall be governed by a 9-member Board of
Trustees consisting of the following:
(1) Voting trustees.--The voting Trustees shall be--
(A) the Supervisor of the Santa Fe National Forest, United
States Forest Service;
(B) the Superintendent of the Bandelier National Monument,
National Park Service; and
(C) seven individuals, appointed by the President, in
consultation with the congressional delegation from the State
of New Mexico. The seven individuals shall have specific
expertise or represent an organization or government entity as
follows--
(i) one trustee shall have expertise in aspects of
domesticated livestock management, production, and
marketing, including range management and livestock
business management;
(ii) one trustee shall have expertise in the management
of game and nongame wildlife and fish populations,
including hunting, fishing, and other recreational
activities;
(iii) one trustee shall have expertise in the
sustainable management of forest lands for commodity and
noncommodity purposes;
(iv) one trustee shall be active in a nonprofit
conservation organization concerned with the activities of
the Forest Service;
(v) one trustee shall have expertise in financial
management, budget and program analysis, and small business
operations;
(vi) one trustee shall have expertise in the cultural
and natural history of the region; and
(vii) one trustee shall be active in State or local
government in New Mexico, with expertise in the customs of
the local area.
(2) Qualifications.--Of the trustees appointed by the
President--
(A) none shall be employees of the Federal Government; and
(B) at least five shall be residents of the State of New
Mexico.
(b) Initial Appointments.--The President shall make the initial
appointments to the Board of Trustees within 90 days after acquisition
of the Baca ranch under section 104(a).
(c) Terms.--
(1) In general.--Appointed trustees shall each serve a term of
4 years, except that of the trustees first appointed, four shall
serve for a term of 4 years, and three shall serve for a term of 2
years.
(2) Vacancies.--Any vacancy among the appointed trustees shall
be filled in the same manner in which the original appointment was
made, and any trustee appointed to fill a vacancy shall serve for
the remainder of that term for which his or her predecessor was
appointed.
(3) Limitations.--No appointed trustee may serve more than 8
years in consecutive terms.
(d) Quorum.--A majority of trustees shall constitute a quorum of
the Board for the conduct of business.
(e) Organization and Compensation.--
(1) In general.--The Board shall organize itself in such a
manner as it deems most appropriate to effectively carry out the
activities of the Trust.
(2) Compensation of trustees.--Trustees shall serve without
pay, but may be reimbursed from the funds of the Trust for the
actual and necessary travel and subsistence expenses incurred by
them in the performance of their duties.
(3) Chair.--Trustees shall select a chair from the membership
of the Board.
(f) Liability of Trustees.--Appointed trustees shall not be
considered Federal employees by virtue of their membership on the
Board, except for purposes of the Federal Tort Claims Act, the Ethics
in Government Act, and the provisions of chapter 11 of title 18, United
States Code.
(g) Meetings.--
(1) Location and timing of meetings.--The Board shall meet in
sessions open to the public at least three times per year in New
Mexico. Upon a majority vote made in open session, and a public
statement of the reasons therefore, the Board may close any other
meetings to the public: Provided, That any final decision of the
Board to adopt or amend the comprehensive management program under
section 108(d) or to approve any activity related to the management
of the land or resources of the Preserve shall be made in open
public session.
(2) Public information.--In addition to other requirements of
applicable law, the Board shall establish procedures for providing
appropriate public information and periodic opportunities for
public comment regarding the management of the Preserve.

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(a) Assumption of Management.--The Trust shall assume all authority
provided by this title to manage the Preserve upon a determination by
the Secretary, which to the maximum extent practicable shall be made
within 60 days after the appointment of the Board, that--
(1) the Board is duly appointed, and able to conduct business;
and
(2) provision has been made for essential management services.
(b) Management Responsibilities.--Upon assumption of management of
the Preserve under subsection (a), the Trust shall manage the land and
resources of the Preserve and the use thereof including, but not
limited to such activities as--
(1) administration of the operations of the Preserve;
(2) preservation and development of the land and resources of
the Preserve;
(3) interpretation of the Preserve and its history for the
public;
(4) management of public use and occupancy of the Preserve; and
(5) maintenance, rehabilitation, repair, and improvement of
property within the Preserve.
(c) Authorities.--
(1) In general.--The Trust shall develop programs and
activities at the Preserve, and shall have the authority to
negotiate directly and enter into such agreements, leases,
contracts and other arrangements with any person, firm,
association, organization, corporation or governmental entity,
including without limitation, entities of Federal, State, and local
governments, and consultation with Indian tribes and Pueblos, as
are necessary and appropriate to carry out its authorized
activities or fulfill the purposes of this title. Any such
agreements may be entered into without regard to section 321 of the
Act of June 30, 1932 (40 U.S.C. 303b).
(2) Procedures.--The Trust shall establish procedures for
entering into lease agreements and other agreements for the use and
occupancy of facilities of the Preserve. The procedures shall
ensure reasonable competition, and set guidelines for determining
reasonable fees, terms, and conditions for such agreements.
(3) Limitations.--The Trust may not dispose of any real
property in, or convey any water rights appurtenant to the
Preserve. The Trust may not convey any easement, or enter into any
contract, lease, or other agreement related to use and occupancy of
property within the Preserve for a period greater than 10 years.
Any such easement, contract, lease, or other agreement shall
provide that, upon termination of the Trust, such easement,
contract, lease or agreement is terminated.
(4) Application of procurement laws.--
(A) In general.--Notwithstanding any other provision of
law, Federal laws and regulations governing procurement by
Federal agencies shall not apply to the Trust, with the
exception of laws and regulations related to Federal Government
contracts governing health and safety requirements, wage rates,
and civil rights.
(B) Procedures.--The Trust, in consultation with the
Administrator of Federal Procurement Policy, Office of
Management and Budget, shall establish and adopt procedures
applicable to the Trust's procurement of goods and services,
including the award of contracts on the basis of contractor
qualifications, price, commercially reasonable buying
practices, and reasonable competition.
(d) Management Program.--Within two years after assumption of
management responsibilities for the Preserve, the Trust shall, in
accordance with subsection (f), develop a comprehensive program for the
management of lands, resources, and facilities within the Preserve to
carry out the purposes under section 105(b). To the extent consistent
with such purposes, such program shall provide for--
(1) operation of the Preserve as a working ranch, consistent
with paragraphs (2) through (4);
(2) the protection and preservation of the scientific, scenic,
geologic, watershed, fish, wildlife, historic, cultural and
recreational values of the Preserve;
(3) multiple use and sustained yield of renewable resources
within the Preserve;
(4) public use of and access to the Preserve for recreation;
(5) renewable resource utilization and management alternatives
that, to the extent practicable--
(A) benefit local communities and small businesses;
(B) enhance coordination of management objectives with
those on surrounding National Forest System land; and
(C) provide cost savings to the Trust through the exchange
of services, including but not limited to labor and maintenance
of facilities, for resources or services provided by the Trust;
and
(6) optimizing the generation of income based on existing
market conditions, to the extent that it does not unreasonably
diminish the long-term scenic and natural values of the area, or
the multiple use and sustained yield capability of the land.
(e) Public Use and Recreation.--
(1) In general.--The Trust shall give thorough consideration to
the provision of appropriate opportunities for public use and
recreation that are consistent with the other purposes under
section 105(b). The Trust is expressly authorized to construct and
upgrade roads and bridges, and provide other facilities for
activities including, but not limited to camping and picnicking,
hiking, and cross country skiing. Roads, trails, bridges, and
recreational facilities constructed within the Preserve shall meet
public safety standards applicable to units of the National Forest
System and the State of New Mexico.
(2) Fees.--Notwithstanding any other provision of law, the
Trust is authorized to assess reasonable fees for admission to, and
the use and occupancy of, the Preserve: Provided, That admission
fees and any fees assessed for recreational activities shall be
implemented only after public notice and a period of not less than
60 days for public comment.
(3) Public access.--Upon the acquisition of the Baca ranch
under section 104(a), and after an interim planning period of no
more than two years, the public shall have reasonable access to the
Preserve for recreation purposes. The Secretary, prior to
assumption of management of the Preserve by the Trust, and the
Trust thereafter, may reasonably limit the number and types of
recreational admissions to the Preserve, or any part thereof, based
on the capability of the land, resources, and facilities. The use
of reservation or lottery systems is expressly authorized to
implement this paragraph.
(f) Applicable Laws.--
(1) In general.--The Trust, and the Secretary in accordance
with section 109(b), shall administer the Preserve in conformity
with this title and all laws pertaining to the National Forest
System, except the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.).
(2) Environmental laws.--The Trust shall be deemed a Federal
agency for the purposes of compliance with Federal environmental
laws.
(3) Criminal laws.--All criminal laws relating to Federal
property shall apply to the same extent as on adjacent units of the
National Forest System.
(4) Reports on applicable rules and regulations.--The Trust may
submit to the Secretary and the Committees of Congress a
compilation of applicable rules and regulations which in the view
of the Trust are inappropriate, incompatible with this title, or
unduly burdensome.
(5) Consultation with tribes and pueblos.--The Trust is
authorized and directed to cooperate and consult with Indian tribes
and Pueblos on management policies and practices for the Preserve
which may affect them. The Trust is authorized to allow the use of
lands within the Preserve for religious and cultural uses by Native
Americans and, in so doing, may set aside places and times of
exclusive use consistent with the American Indian Religious Freedom
Act (42 U.S.C. 1996 (note)) and other applicable statutes.
(6) No administrative appeal.--The administrative appeals
regulations of the Secretary shall not apply to activities of the
Trust and decisions of the Board.
(g) Law Enforcement and Fire Management.--The Secretary shall
provide law enforcement services under a cooperative agreement with the
Trust to the extent generally authorized in other units of the National
Forest System. The Trust shall be deemed a Federal agency for purposes
of the law enforcement authorities of the Secretary (within the meaning
of section 15008 of the National Forest System Drug Control Act of 1986
(16 U.S.C. 559g)). At the request of the Trust, the Secretary may
provide fire presuppression, fire suppression, and rehabilitation
services: Provided, That the Trust shall reimburse the Secretary for
salaries and expenses of fire management personnel, commensurate with
services provided.

d855e388b40d426df69521df872ae793159424d1d942ba8a0065c0008cabca64

(a) In General.--Notwithstanding the assumption of management of
the Preserve by the Trust, the Secretary is authorized to--
(1) issue any rights-of-way, as defined in the Federal Land
Policy and Management Act of 1976, of over 10 years duration, in
cooperation with the Trust, including, but not limited to, road and
utility rights-of-way, and communication sites;
(2) issue orders under and enforce prohibitions generally
applicable on other units of the National Forest System, in
cooperation with the Trust;
(3) exercise the authorities of the Secretary under the Wild
and Scenic Rivers Act (16 U.S.C. 1278, et seq.) and the Federal
Power Act (16 U.S.C. 797, et seq.), in cooperation with the Trust;
(4) acquire the mineral rights referred to in section 104(e);
(5) provide law enforcement and fire management services under
section 108(g);
(6) at the request of the Trust, exchange land or interests in
land within the Preserve under laws generally applicable to other
units of the National Forest System, or otherwise dispose of land
or interests in land within the Preserve under Public Law 97-465
(16 U.S.C. 521c through 521i);
(7) in consultation with the Trust, refer civil and criminal
cases pertaining to the Preserve to the Department of Justice for
prosecution;
(8) retain title to and control over fossils and archaeological
artifacts found within the Preserve;
(9) at the request of the Trust, construct and operate a
visitors' center in or near the Preserve, subject to the
availability of appropriated funds;
(10) conduct the assessment of the Trust's performance, and, if
the Secretary determines it necessary, recommend to Congress the
termination of the Trust, under section 110(b)(2); and
(11) conduct such other activities for which express
authorization is provided to the Secretary by this title.
(b) Interim Management.--
(1) In general.--The Secretary shall manage the Preserve in
accordance with this title during the interim period from the date
of acquisition of the Baca ranch under section 104(a) to the date
of assumption of management of the Preserve by the Trust under

d4a7cef4d8db8c5277bfd701ffa2c39302718ae45a47d4979debd5ba091fd488

contract, or other arrangement on the same basis as the Trust under
section 108(c)(1): Provided, That any agreement, lease, contract,
or other arrangement entered into by the Secretary shall not exceed
two years in duration unless expressly extended by the Trust upon
its assumption of management of the Preserve.
(2) Use of the fund.--All monies received by the Secretary from
the management of the Preserve during the interim period under
paragraph (1) shall be deposited into the ``Valles Caldera Fund''
established under section 106(h)(2), and such monies in the fund
shall be available to the Secretary, without further appropriation,
for the purpose of managing the Preserve in accordance with the
responsibilities and authorities provided to the Trust under
section 108.
(c) Secretarial Authority.--The Secretary retains the authority to
suspend any decision of the Board with respect to the management of the
Preserve if he finds that the decision is clearly inconsistent with
this title. Such authority shall only be exercised personally by the
Secretary, and may not be delegated. Any exercise of this authority
shall be in writing to the Board, and notification of the decision
shall be given to the Committees of Congress. Any suspended decision
shall be referred back to the Board for reconsideration.
(d) Access.--The Secretary shall at all times have access to the
Preserve for administrative purposes.

0edeac8c0303c07b2716f9099e803e5bb01f987c140a0164becdd8c5017f1b10

(a) In General.--The Valles Caldera Trust shall terminate at the
end of the twentieth full fiscal year following acquisition of the Baca
ranch under section 104(a).
(b) Recommendations.--
(1) Board.--
(A) If after the fourteenth full fiscal years from the date
of acquisition of the Baca ranch under section 104(a), the
Board believes the Trust has met the goals and objectives of
the comprehensive management program under section 108(d), but
has not become financially self-sustaining, the Board may
submit to the Committees of Congress, a recommendation for
authorization of appropriations beyond that provided under this
title.
(B) During the eighteenth full fiscal year from the date of
acquisition of the Baca ranch under section 104(a), the Board
shall submit to the Secretary its recommendation that the Trust
be either extended or terminated including the reasons for such
recommendation.
(2) Secretary.--Within 120 days after receipt of the
recommendation of the Board under paragraph (1)(B), the Secretary
shall submit to the Committees of Congress the Board's
recommendation on extension or termination along with the
recommendation of the Secretary with respect to the same and
stating the reasons for such recommendation.
(c) Effect of Termination.--In the event of termination of the
Trust, the Secretary shall assume all management and administrative
functions over the Preserve, and it shall thereafter be managed as a
part of the Santa Fe National Forest, subject to all laws applicable to
the National Forest System.
(d) Assets.--In the event of termination of the Trust, all assets
of the Trust shall be used to satisfy any outstanding liabilities, and
any funds remaining shall be transferred to the Secretary for use,
without further appropriation, for the management of the Preserve.
(e) Valles Caldera Fund.--In the event of termination, the
Secretary shall assume the powers of the Trust over funds under section
106(h), and the Valles Caldera Fund shall not terminate. Any balances
remaining in the fund shall be available to the Secretary, without
further appropriation, for any purpose consistent with the purposes of
this title.

d6a96e0c40912c67d157a0f99242d8da3c8a5485e256546f666bafb3c3e3ecbd

(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Secretary and the Trust such funds as are
necessary for them to carry out the purposes of this title for each of
the 15 full fiscal years after the date of acquisition of the Baca
ranch under section 104(a).
(b) Schedule of Appropriations.--Within two years after the first
meeting of the Board, the Trust shall submit to Congress a plan which
includes a schedule of annual decreasing appropriated funds that will
achieve, at a minimum, the financially self-sustained operation of the
Trust within 15 full fiscal years after the date of acquisition of the
Baca ranch under section 104(a).

1f531f6b1f5a5565aab223dbb79314a35ad69612647555b7f7e3497c0fd2e8f9

(a) Initial Study.--Three years after the assumption of management
by the Trust, the General Accounting Office shall conduct an interim
study of the activities of the Trust and shall report the results of
the study to the Committees of Congress. The study shall include, but
shall not be limited to, details of programs and activities operated by
the Trust and whether it met its obligations under this title.
(b) Second Study.--Seven years after the assumption of management
by the Trust, the General Accounting Office shall conduct a study of
the activities of the Trust and shall report the results of the study
to the Committees of Congress. The study shall provide an assessment of
any failure to meet obligations that may be identified under subsection
(a), and further evaluation on the ability of the Trust to meet its
obligations under this title.

f57db8756fa1ad50024704359f53c21300d43a30a74475d7aa1dd9fc4a4ba7cf

This title may be cited as the ``Federal Land Transaction
Facilitation Act''.

69e5d10a5396d12edb6f8b5901d0254f56d407948b066d933b2e469815c0976f

TITLE II

-FEDERAL LAND TRANSACTION FACILITATION

Congress finds that--
(1) the Bureau of Land Management has authority under the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) to sell land identified for disposal under its land use
planning;
(2) the Bureau of Land Management has authority under that Act
to exchange Federal land for non-Federal land if the exchange would
be in the public interest;
(3) through land use planning under that Act, the Bureau of
Land Management has identified certain tracts of public land for
disposal;
(4) the Federal land management agencies of the Departments of
the Interior and Agriculture have authority under existing law to
acquire land consistent with the mission of each agency;
(5) the sale or exchange of land identified for disposal and
the acquisition of certain non-Federal land from willing landowners
would--
(A) allow for the reconfiguration of land ownership
patterns to better facilitate resource management;
(B) contribute to administrative efficiency within Federal
land management units; and
(C) allow for increased effectiveness of the allocation of
fiscal and human resources within the Federal land management
agencies;
(6) a more expeditious process for disposal and acquisition of
land, established to facilitate a more effective configuration of
land ownership patterns, would benefit the public interest;
(7) many private individuals own land within the boundaries of
Federal land management units and desire to sell the land to the
Federal Government;
(8) such land lies within national parks, national monuments,
national wildlife refuges, national forests, and other areas
designated for special management;
(9) Federal land management agencies are facing increased
workloads from rapidly growing public demand for the use of public
land, making it difficult for Federal managers to address problems
created by the existence of inholdings in many areas;
(10) in many cases, inholders and the Federal Government would
mutually benefit from Federal acquisition of the land on a priority
basis;
(11) proceeds generated from the disposal of public land may be
properly dedicated to the acquisition of inholdings and other land
that will improve the resource management ability of the Federal
land management agencies and adjoining landowners;
(12) using proceeds generated from the disposal of public land
to purchase inholdings and other such land from willing sellers
would enhance the ability of the Federal land management agencies
to--
(A) work cooperatively with private landowners and State
and local governments; and
(B) promote consolidation of the ownership of public and
private land in a manner that would allow for better overall
resource management;
(13) in certain locations, the sale of public land that has
been identified for disposal is the best way for the public to
receive fair market value for the land; and
(14) to allow for the least disruption of existing land and
resource management programs, the Bureau of Land Management may use
non-Federal entities to prepare appraisal documents for agency
review and approval consistent with applicable provisions of the
Uniform Standards for Federal Land Acquisition.

c6466a96ff2373d46a91f295a9b8d1f8b7d39991dee55e5889aa1b49a2a3ea98

In this title:
(1) Exceptional resource.--The term ``exceptional resource''
means a resource of scientific, natural, historic, cultural, or
recreational value that has been documented by a Federal, State, or
local governmental authority, and for which there is a compelling
need for conservation and protection under the jurisdiction of a
Federal agency in order to maintain the resource for the benefit of
the public.
(2) Federally designated area.--The term ``federally designated
area'' means land in Alaska and the eleven contiguous Western
States (as defined in section 103(o) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(o))) that on the date of
enactment of this Act was within the boundary of--
(A) a national monument, area of critical environmental
concern, national conservation area, national riparian
conservation area, national recreation area, national scenic
area, research natural area, national outstanding natural area,
or a national natural landmark managed by the Bureau of Land
Management;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge System;
(D) an area of the National Forest System designated for
special management by an Act of Congress; or
(E) an area within which the Secretary or the Secretary of
Agriculture is otherwise authorized by law to acquire lands or
interests therein that is designated as--
(i) wilderness under the Wilderness Act (16 U.S.C. 1131
et seq.);
(ii) a wilderness study area;
(iii) a component of the Wild and Scenic Rivers System
under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.); or
(iv) a component of the National Trails System under
the National Trails System Act (16 U.S.C. 1241 et seq.).
(3) Inholding.--The term ``inholding'' means any right, title,
or interest, held by a non-Federal entity, in or to a tract of land
that lies within the boundary of a federally designated area.
(4) Public land.--The term ``public land'' means public lands
(as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

1e1b85c25c33b0d422a97f8a35b705977890607e99b94bda9404fe3a63d31150

(a) In General.--The Secretary and the Secretary of Agriculture
shall establish a procedure to--
(1) identify, by State, inholdings for which the landowner has
indicated a desire to sell the land or interest therein to the
United States; and
(2) prioritize the acquisition of inholdings in accordance with
section 206(c)(3).
(b) Public Notice.--As soon as practicable after the date of
enactment of this title and periodically thereafter, the Secretary and
the Secretary of Agriculture shall provide public notice of the
procedures referred to in subsection (a), including any information
necessary for the consideration of an inholding under section 206. Such
notice shall include publication in the Federal Register and by such
other means as the Secretary and the Secretary of Agriculture determine
to be appropriate.
(c) Identification.--An inholding--
(1) shall be considered for identification under this section
only if the Secretary or the Secretary of Agriculture receive
notification of a desire to sell from the landowner in response to
public notice given under subsection (b); and
(2) shall be deemed to have been established as of the later
of--
(A) the earlier of--
(i) the date on which the land was withdrawn from the
public domain; or
(ii) the date on which the land was established or
designated for special management; or
(B) the date on which the inholding was acquired by the
current owner.
(d) No Obligation To Convey or Acquire.--The identification of an
inholding under this section creates no obligation on the part of a
landowner to convey the inholding or any obligation on the part of the
United States to acquire the inholding.

4e4c6c290231e7aca2dd7f7c26ed70f8d21c6ed7d81a95dd7dcc2103cfe43cd5

(a) In General.--The Secretary shall establish a program, using
funds made available under section 206, to complete appraisals and
satisfy other legal requirements for the sale or exchange of public
land identified for disposal under approved land use plans (as in
effect on the date of enactment of this Act) under section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
(b) Sale of Public Land.--
(1) In general.--The sale of public land so identified shall be
conducted in accordance with sections 203 and 209 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719).
(2) Exceptions to competitive bidding requirements.--The
exceptions to competitive bidding requirements under section 203(f)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1713(f)) shall apply to this section in cases in which the
Secretary determines it to be necessary.
(c) Report in Public Land Statistics.--The Secretary shall provide
in the annual publication of Public Land Statistics, a report of
activities under this section.
(d) Termination of Authority.--The authority provided under this
section shall terminate 10 years after the date of enactment of this
Act.

9b71a69a2838b8f71b5f9c139f285f766baa89f8dd0473204ec8533e7b6911c0

(a) Deposit of Proceeds.--Notwithstanding any other law (except a
law that specifically provides for a proportion of the proceeds to be
distributed to any trust funds of any States), the gross proceeds of
the sale or exchange of public land under this Act shall be deposited
in a separate account in the Treasury of the United States to be known
as the ``Federal Land Disposal Account''.
(b) Availability.--Amounts in the Federal Land Disposal Account
shall be available to the Secretary and the Secretary of Agriculture,
without further Act of appropriation, to carry out this title.
(c) Use of the Federal Land Disposal Account.--
(1) In general.--Funds in the Federal Land Disposal Account
shall be expended in accordance with this subsection.
(2) Fund allocation.--
(A) Purchase of land.--Except as authorized under
subparagraph (C), funds shall be used to purchase lands or
interests therein that are otherwise authorized by law to be
acquired, and that are--
(i) inholdings; and
(ii) adjacent to federally designated areas and contain
exceptional resources.
(B) Inholdings.--Not less than 80 percent of the funds
allocated for the purchase of land within each State shall be
used to acquire inholdings identified under section 204.
(C) Administrative and other expenses.--An amount not to
exceed 20 percent of the funds deposited in the Federal Land
Disposal Account may be used by the Secretary for
administrative and other expenses necessary to carry out the
land disposal program under section 205.
(D) Same state purchases.--Of the amounts not used under
subparagraph (C), not less than 80 percent shall be expended
within the State in which the funds were generated. Any
remaining funds may be expended in any other State.
(3) Priority.--The Secretary and the Secretary of Agriculture
shall develop a procedure for prioritizing the acquisition of
inholdings and non-Federal lands with exceptional resources as
provided in paragraph (2). Such procedure shall consider--
(A) the date the inholding was established (as provided in
section 204(c));
(B) the extent to which acquisition of the land or interest
therein will facilitate management efficiency; and
(C) such other criteria as the Secretary and the Secretary
of Agriculture deem appropriate.
(4) Basis of sale.--Any land acquired under this section shall
be--
(A) from a willing seller;
(B) contingent on the conveyance of title acceptable to the
Secretary, or the Secretary of Agriculture in the case of an
acquisition of National Forest System land, using title
standards of the Attorney General;
(C) at a price not to exceed fair market value consistent
with applicable provisions of the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(D) managed as part of the unit within which it is
contained.
(d) Contaminated Sites and Sites Difficult and Uneconomic To
Manage.--Funds in the Federal Land Disposal Account shall not be used
to purchase land or an interest in land that, as determined by the
Secretary or the Secretary of Agriculture--
(1) contains a hazardous substance or is otherwise
contaminated; or
(2) because of the location or other characteristics of the
land, would be difficult or uneconomic to manage as Federal land.
(e) Land and Water Conservation Fund Act.--Funds made available
under this section shall be supplemental to any funds appropriated
under the Land and Water Conservation Fund Act (16 U.S.C. 460l-4 et
seq.).
(f) Termination.--On termination of activities under section 205--
(1) the Federal Land Disposal Account shall be terminated; and
(2) any remaining balance in the account shall become available
for appropriation under section 3 of the Land and Water
Conservation Fund Act (16 U.S.C. 460l-6).

cb7b5940c8c6bc477ee32aa0945500c6552c13217376b045d1d5d328781658f9

(a) In General.--Nothing in this title provides an exemption from
any limitation on the acquisition of land or interest in land under any
Federal law in effect on the date of enactment of this Act.
(b) Other Law.--This title shall not apply to land eligible for
sale under--
(1) Public Law 96-568 (commonly known as the ``Santini-Burton
Act'') (94 Stat. 3381); or
(2) the Southern Nevada Public Land Management Act of 1998 (112
Stat. 2343).
(c) Exchanges.--Nothing in this title precludes, preempts, or
limits the authority to exchange land under authorities providing for
the exchange of Federal lands, including but not limited to--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); or
(2) the Federal Land Exchange Facilitation Act of 1988 (102
Stat. 1086) or the amendments made by that Act.
(d) No New Right or Benefit.--Nothing in this Act creates a right
or benefit, substantive or procedural, enforceable at law or in equity
by a party against the United States, its agencies, its officers, or
any other person.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

c6e21ffa2795d6b322686de903a11b424363776a4778ae89f8fe3ff8761f6472

Federal Land Transaction Facilitation Act

A bill to authorize the acquisition of the Valles Caldera, to provide for an effective land and wildlife management program for this resource within the Department of Agriculture, and for other purposes.

Federal Land Transaction Facilitation Act

Other Sections

TITLE I

TITLE II

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