[Senate Report 111-321]
[From the U.S. Government Publishing Office]
Calendar No. 607
111th Congress Report
SENATE
2d Session 111-321
======================================================================
VALLES CALDERA NATIONAL PRESERVE MANAGEMENT ACT
_______
September 27, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 3452]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3452) to designate the Valles Caldera
National Preserve as a unit of the National Park System, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Valles Caldera National Preserve
Management Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible employee.--The term ``eligible employee'' means
a person who was a full-time or part-time employee of the Trust
during the 180-day period immediately preceding the date of
enactment of this Act.
(2) Fund.--The term ``Fund'' means the Valles Caldera Fund
established by section 106(h)(2) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(h)(2)).
(3) Preserve.--The term ``Preserve'' means the Valles Caldera
National Preserve in the State.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of New Mexico.
(6) Trust.--The term ``Trust'' means the Valles Caldera Trust
established by section 106(a) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(a)).
SEC. 3. VALLES CALDERA NATIONAL PRESERVE.
(a) Designation as Unit of the National Park System.--To protect,
preserve, and restore the fish, wildlife, watershed, natural,
scientific, scenic, geologic, historic, cultural, archaeological, and
recreational values of the area, the Valles Caldera National Preserve
is designated as a unit of the National Park System.
(b) Management.--
(1) Applicable law.--The Secretary shall administer the
Preserve in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Management coordination.--The Secretary may coordinate
the management and operations of the Preserve with the
Bandelier National Monument.
(3) Management plan.--
(A) In general.--Not later than 3 fiscal years after
the date on which funds are made available to implement
this subsection, the Secretary shall prepare a
management plan for the Preserve.
(B) Applicable law.--The management plan shall be
prepared in accordance with--
(i) section 12(b) of Public Law 91-383
(commonly known as the ``National Park Service
General Authorities Act'') (16 U.S.C. 1a-7(b));
and
(ii) any other applicable laws.
(C) Consultation.--The management plan shall be
prepared in consultation with--
(i) the Secretary of Agriculture;
(ii) State and local governments;
(iii) Indian tribes and pueblos, including
the Pueblos of Jemez, Santa Clara, and San
Ildefonso; and
(iv) the public.
(c) Acquisition of Land.--
(1) In general.--The Secretary may acquire land and interests
in land within the boundaries of the Preserve by--
(A) purchase with donated or appropriated funds;
(B) donation; or
(C) transfer from another Federal agency.
(2) Administration of acquired land.--On acquisition of any
land or interests in land under paragraph (1), the acquired
land or interests in land shall be administered as part of the
Preserve.
(d) Science and Education Program.--
(1) In general.--The Secretary shall--
(A) until the date on which a management plan is
completed in accordance with subsection (b)(3), carry
out the science and education program for the Preserve
established by the Trust; and
(B) beginning on the date on which a management plan
is completed in accordance with subsection (b)(3),
establish a science and education program for the
Preserve that--
(i) allows for research and interpretation of
the natural, historic, cultural, geologic and
other scientific features of the Preserve;
(ii) provides for improved methods of
ecological restoration and science-based
adaptive management of the Preserve; and
(iii) promotes outdoor educational
experiences in the Preserve.
(2) Science and education center.--As part of the program
established under paragraph (1)(B), the Secretary may establish
a science and education center outside the boundaries of the
Preserve.
(e) Grazing.--The Secretary may allow the grazing of livestock
within the Preserve to continue--
(1) consistent with this Act; and
(2) to the extent the use furthers scientific research or
interpretation of the ranching history of the Preserve.
(f) Fish and Wildlife.--Nothing in this Act affects the
responsibilities of the State with respect to fish and wildlife in the
State, except that the Secretary, in consultation with the New Mexico
Department of Game and Fish--
(1) shall permit hunting and fishing on land and water within
the Preserve in accordance with applicable Federal and State
laws; and
(2) may designate zones in which, and establish periods
during which, no hunting or fishing shall be permitted for
reasons of public safety, administration, the protection of
wildlife and wildlife habitats, or public use and enjoyment.
(g) Ecological Restoration.--
(1) In general.--The Secretary shall undertake activities to
improve the health of forest, grassland, and riparian areas
within the Preserve, including any activities carried out in
accordance with title IV of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 7301 et seq.).
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with adjacent pueblos to coordinate
activities carried out under paragraph (1) on the Preserve and
adjacent pueblo land.
(h) Withdrawal.--Subject to valid existing rights, all land and
interests in land within the boundaries of the Preserve are withdrawn
from--
(1) entry, disposal, or appropriation under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal leasing
laws, and mineral materials laws.
(i) Volcanic Domes and Other Peaks.--
(1) In general.--Except as provided in paragraph (3), for the
purposes of preserving the natural, cultural, religious,
archaeological, and historic resources of the volcanic domes
and other peaks in the Preserve described in paragraph (2)
within the area of the domes and peaks above 9,600 feet in
elevation or 250 feet below the top of the dome, whichever is
lower--
(A) no roads or buildings shall be constructed; and
(B) no motorized access shall be allowed.
(2) Description of volcanic domes.--The volcanic domes and
other peaks referred to in paragraph (1) are--
(A) Redondo Peak;
(B) Redondito;
(C) South Mountain;
(D) San Antonio Mountain;
(E) Cerro Seco;
(F) Cerro San Luis;
(G) Cerros Santa Rosa;
(H) Cerros del Abrigo;
(I) Cerro del Medio;
(J) Rabbit Mountain;
(K) Cerro Grande;
(L) Cerro Toledo;
(M) Indian Point;
(N) Sierra de los Valles; and
(O) Cerros de los Posos.
(3) Exception.--Paragraph (1) shall not apply in cases in
which construction or motorized access is necessary for
administrative purposes (including ecological restoration
activities or measures required in emergencies to protect the
health and safety of persons in the area).
(j) Traditional Cultural and Religious Sites.--
(1) In general.--The Secretary, in consultation with Indian
tribes and pueblos, shall ensure the protection of traditional
cultural and religious sites in the Preserve.
(2) Access.--The Secretary, in accordance with Public Law 95-
341 (commonly known as the ``American Indian Religious Freedom
Act'') (42 U.S.C. 1996)--
(A) shall provide access to the sites described in
paragraph (1) by members of Indian tribes or pueblos
for traditional cultural and customary uses; and
(B) may, on request of an Indian tribe or pueblo,
temporarily close to general public use 1 or more
specific areas of the Preserve to protect traditional
cultural and customary uses in the area by members of
the Indian tribe or pueblo.
(3) Prohibition on motorized access.--The Secretary shall
maintain prohibitions on the use of motorized or mechanized
travel on Preserve land located adjacent to the Santa Clara
Indian Reservation, to the extent the prohibition was in effect
on the date of enactment of this Act.
(k) Caldera Rim Trail.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Agriculture, affected Indian tribes and pueblos,
and the public, shall study the feasibility of establishing a
hiking trail along the rim of the Valles Caldera on--
(A) land within the Preserve; and
(B) National Forest System land that is adjacent to
the Preserve.
(2) Agreements.--On the request of an affected Indian tribe
or pueblo, the Secretary and the Secretary of Agriculture shall
seek to enter into an agreement with the Indian tribe or pueblo
with respect to the Caldera Rim Trail that provides for the
protection of--
(A) cultural and religious sites in the vicinity of
the trail; and
(B) the privacy of adjacent pueblo land.
(l) Valid Existing Rights.--Nothing in this Act affects valid
existing rights.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) In General.--Administrative jurisdiction over the Preserve is
transferred from the Secretary of Agriculture and the Trust to the
Secretary, to be administered as a unit of the National Park System, in
accordance with section 3.
(b) Exclusion From Santa Fe National Forest.--The boundaries of the
Santa Fe National Forest are modified to exclude the Preserve.
(c) Interim Management.--
(1) Memorandum of agreement.--Not later than 90 days after
the date of enactment of this Act, the Secretary and the Trust
shall enter into a memorandum of agreement to facilitate the
orderly transfer to the Secretary of the administration of the
Preserve.
(2) Existing management plans.--Notwithstanding the repeal
made by section 5(a), until the date on which the Secretary
completes a management plan for the Preserve in accordance with
section 3(b)(3), the Secretary may administer the Preserve in
accordance with any management activities or plans adopted by
the Trust under the Valles Caldera Preservation Act (16 U.S.C.
698v et seq.), to the extent the activities or plans are
consistent with section 3(b)(1).
(3) Public use.--The Preserve shall remain open to public use
during the interim management period, subject to such terms and
conditions as the Secretary determines to be appropriate.
(d) Valles Caldera Trust.--
(1) Termination.--The Trust shall terminate 180 days after
the date of enactment of this Act unless the Secretary
determines that the termination date should be extended to
facilitate the transitional management of the Preserve.
(2) Assets and liabilities.--
(A) Assets.--On termination of the Trust--
(i) all assets of the Trust shall be
transferred to the Secretary; and
(ii) any amounts appropriated for the Trust
shall remain available to the Secretary for the
administration of the Preserve.
(B) Assumption of obligations.--
(i) In general.--On termination of the Trust,
the Secretary shall assume all contracts,
obligations, and other liabilities of the
Trust.
(ii) New liabilities.--
(I) Budget.--Not later than 90 days
after the date of enactment of this
Act, the Secretary and the Trust shall
prepare a budget for the interim
management of the Preserve.
(II) Written concurrence required.--
The Trust shall not incur any new
liabilities not authorized in the
budget prepared under subclause (I)
without the written concurrence of the
Secretary.
(3) Personnel.--
(A) Hiring.--The Secretary and the Secretary of
Agriculture may hire employees of the Trust on a
noncompetitive basis for comparable positions at the
Preserve or other areas or offices under the
jurisdiction of the Secretary or the Secretary of
Agriculture.
(B) Salary.--Any employees hired from the Trust under
subparagraph (A) shall be subject 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.
(C) Interim retention of eligible employees.--For a
period of not less than 180 days beginning on the date
of enactment of this Act, all eligible employees of the
Trust shall be--
(i) retained in the employment of the Trust;
(ii) considered to be placed on detail to the
Secretary; and
(iii) subject to the direction of the
Secretary.
(D) Termination for cause.--Nothing in this paragraph
precludes the termination of employment of an eligible
employee for cause during the period described in
subparagraph (C).
(4) Records.--The Secretary shall have access to all records
of the Trust pertaining to the management of the Preserve.
(5) Valles caldera fund.--
(A) In general.--Effective on the date of enactment
of this Act, the Secretary shall assume the powers of
the Trust over the Fund.
(B) Availability and use.--Any amounts in the Fund as
of the date of enactment of this Act shall be available
to the Secretary for use, without further
appropriation, for the management of the Preserve.
SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT.
(a) Repeal.--On the termination of the Trust, the Valles Caldera
Preservation Act (16 U.S.C. 698v et seq.) is repealed.
(b) Effect of Repeal.--Notwithstanding the repeal made by
subsection (a)--
(1) the authority of the Secretary of Agriculture to acquire
mineral interests under section 104(e) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-2(e)) is transferred to the
Secretary and any proceeding for the condemnation of, or
payment of compensation for, an outstanding mineral interest
pursuant to the transferred authority shall continue;
(2) the provisions in section 104(g) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-2(g)) relating to the Pueblo
of Santa Clara shall remain in effect; and
(3) the Fund shall not be terminated until all amounts in the
Fund have been expended by the Secretary.
(c) Boundaries.--The repeal of the Valles Caldera Preservation Act
(16 U.S.C. 698v et seq.) shall not affect the boundaries as of the date
of enactment of this Act (including maps and legal descriptions) of--
(1) the Preserve;
(2) the Santa Fe National Forest (other than the modification
made by section 4(b));
(3) Bandelier National Monument; and
(4) any land conveyed to the Pueblo of Santa Clara.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Purpose
The purpose of S. 3452 is to transfer administrative
jurisdiction over the Valles Caldera National Preserve from the
Valles Caldera Trust to the National Park Service to administer
as a unit of the National Park System.
Background and Need
The Valles Caldera in northern New Mexico is one of only
three supervolcanoes in the United States and one of six in the
world. The Valles Caldera is the oldest of the three
supervolcanoes (having formed 1.25 million years ago), and it
also is the smallest. Yet the caldera rim spans more than
100,000 acres, and the eruption created a volcanic ash plume
that stretched from northern Utah to central Kansas. The Valles
Caldera has been thoroughly studied, and it provides an
excellent opportunity for both experts and the public to learn
about large volcanic eruptions and their impacts on surrounding
landscapes while experiencing one of the world's best examples
of an intact resurgent caldera.
The Valles Caldera's expansive grassland valleys,
meandering headwaters of the Jemez River, and forested
mountains offer outstanding scenery and provide habitat to a
variety of wildlife including peregrine falcons and bald
eagles, trout, and a 3,000-strong elk herd. In 1975, the Valles
Caldera received formal recognition as an outstanding and
nationally significant geologic resource when it was designated
a National Natural Landmark.
In 2000, Congress passed the Valles Caldera Preservation
Act (Public Law 106-248; 16 U.S.C. 698v et seq.), which
authorized the United States to acquire the Valles Caldera from
its private owners. The legislation provided for the
establishment of the Valles Caldera National Preserve
(Preserve) and provided for it to be administered by the Valles
Caldera Trust (Trust). The Trust operates under an experimental
management framework in which a Presidentially appointed Board
of Trustees manages the Preserve to protect and preserve the
scientific, scenic, geologic, watershed, fish, wildlife,
historic, cultural, and recreational values of the Preserve,
and to provide for the use of its renewable resources. The
legislation also directed the Trust to prepare a budget with a
goal of becoming financially self-sustaining by 2015.
The Valles Caldera Preservation Act also provided that the
Trust would terminate at the end of the twentieth full fiscal
year following acquisition of the Baca ranch. The law further
provided that ``in the event of termination of the Trust, the
Secretary [of Agriculture] 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.'' Upon passage of the Act, the Federal government
acquired the property for approximately $100 million.
In the ten years since the establishment of the Preserve,
there have been concerns that the management framework is not
working and has resulted in limited public access. For example,
in Fiscal Year 2009, the 89,000-acre Preserve received 15,581
visitors compared to 212,544 visitors at the adjacent 34,000-
acre Bandelier National Monument, which is administered by the
National Park Service.
In October of 2009, the Government Accountability Office
released a report (GAO-1084) stating that the Preserve was at
least five years behind schedule in the development of an
effective management control system and that the goal of
becoming financially self-sustaining by 2015 remained the
Trust's biggest challenge and would be difficult to achieve.
The report noted that a recent revenue enhancement study
commissioned by the Valles Caldera Trust estimated the need for
at least $21 million for infrastructure improvements to support
greater public access. In addition, the report stated that the
Trust had failed to establish key elements of an effective
management program, including that it lacked a strategic plan
and had not met the requirements for performance planning,
monitoring, or reporting as required by the Government
Performance and Results Act.
In December 2009, the National Park Service completed a
reconnaissance study at the request of Senators Bingaman and
Tom Udall. The study, which updated the Park Service's 1979
feasibility study regarding the designation of the Valles
Caldera as a unit of the National Park System, found that the
Valles Caldera possesses nationally significant geologic
resources and meets the suitability and feasibility
requirements necessary for inclusion in the National Park
System.
Legislative History
S. 3452 was introduced on May 27, 2010, by Senators
Bingaman and Udall of New Mexico. On June 30, 2010, the
Committee on Energy and Natural Resources held a hearing on the
bill. At its business meeting on August 5, 2010, the Committee
on Energy and Natural Resources ordered S. 3452 favorably
reported with an amendment in the nature of a substitute.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on August 5, 2010, by voice vote of a
quorum present, recommends that the Senate pass S. 3452, if
amended as described herein.
Committee Amendment
During the consideration of S. 3452, the Committee adopted
an amendment in the nature of a substitute. The amendment makes
several changes to clarify and improve the transition and
subsequent management of the Valles Caldera National Preserve
to the National Park Service. Among those changes, the
amendment modifies the definition of an eligible employee of
the Valles Caldera Trust to clarify which employees the
provisions of the bill addressing transition issues applies to;
adds restoration as a purpose of the designation of the
National Preserve as a unit of the National Park System;
clarifies provisions related to the coordination of management
with Bandelier National Monument; expands the goals of the
science and education program; and removes a provision limiting
livestock grazing within the Preserve to specified areas.
The amendment adds a provision directing the Secretary of
the Interior to undertake ecological restoration activities to
improve the health of forest, grassland, and riparian areas
within the Preserve. The amendment also modifies the provision
in the bill establishing elevation limits on development and
motorized access restrictions on the volcanic domes and other
peaks within the Preserve to be consistent with ongoing
environmental analyses regarding public access and use.
Finally, the amendment includes a requirement that the
Preserve remain open to the public during the interim
management period, clarifies the effect of the repeal of the
Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) with
regard to geographic boundaries, mineral interests, and
provisions relating to the Pueblo of Santa Clara, and makes
other minor clarifying, technical, and conforming changes.
The amendment is explained in detail in the section-by-
section analysis below.
Section-by-Section Analysis
Section 1 contains the short title: the ``Valles Caldera
National Preserve Management Act''.
Section 2 defines key terms used in the bill.
Section 3(a) designates the 89,000-acre Preserve as a unit
of the National Park System to protect, preserve, and restore
the fish, wildlife, watershed, natural, scientific, scenic,
geologic, historic, cultural, archaeological, and recreational
values of the area.
Subsection (b) directs the Secretary of the Interior
(``Secretary'') to manage the Preserve in accordance with the
provisions of the bill and the laws generally applicable to
units of the National Park System and authorizes the Secretary
to coordinate management and operations of the Preserve with
Bandelier National Monument. It also requires the Secretary to
prepare a management plan within 3 years of the date that funds
are made available to the Secretary to administer the Preserve.
Subsection (c) authorizes the Secretary to acquire land and
interests in land within the boundaries of the Preserve to be
managed as part of the Preserve.
Subsection (d) directs the Secretary to carry out the
existing science and education program established by the Trust
until the Secretary completes the management plan for the
Preserve, at which time it directs the Secretary to establish a
science and education program that allows for research and
interpretation, provides for improved methods of ecological
restoration and science-based adaptive management, and promotes
outdoor educational experiences in the Preserve. The Secretary
is authorized to establish a science and education center
outside of the boundaries of the Preserve.
Subsection (e) authorizes the Secretary to permit the
grazing of livestock in the Preserve to the extent that it is
consistent with the purposes and other provisions of the bill
and that it furthers scientific research or interpretation of
the ranching history of the Preserve.
Subsection (f) states that nothing in the Act affects the
responsibilities of the State of New Mexico over fish and
wildlife and directs the Secretary to permit hunting and
fishing on the Preserve except in designated zones in which,
and during periods when, no hunting or fishing is permitted for
reasons of public safety, administration, protection of
wildlife and wildlife habitats, or public use and enjoyment.
Subsection (g) requires the Secretary to undertake
activities to improve the ecosystem health of the Preserve,
including through any activities carried out in accordance with
title IV of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7301 et seq.), commonly known as the Forest Landscape
Restoration Act. The Committee notes that on August 13, 2010,
the Secretary of Agriculture announced the selection of the
Southwest Jemez Mountains landscape restoration project (a
portion of which will take place within the Preserve) for long-
term funding through the Forest Landscape Restoration Act. This
provision, in concert with the other provisions of the bill,
clarifies that the project can continue under National Park
Service management in accordance with the Forest Landscape
Restoration Act without interruption. The particular
restoration project is consistent with the requirements of that
Act whether or not the Preserve remains a part of the National
Forest System or becomes part of the National Park System. The
subsection also authorizes the Secretary to enter into
cooperative agreements with adjacent pueblos to coordinate
restoration activities on the Preserve and adjacent pueblo
land.
Subsection (h) withdraws, subject to valid existing rights,
all land within the boundaries of the Preserve from disposal
and mineral development.
Subsection (i) expands restrictions on motorized access and
the construction of roads and buildings on the volcanic domes
and other peaks within the Preserve above 9,600 feet or 250
feet below the top of the dome (whichever is lower), except as
necessary for administrative purposes.
Subsection (j) requires the Secretary, in consultation with
Indian tribes and pueblos, to ensure the protection of
traditional cultural and religious sites in the Preserve. As
provided by the American Indian Religious Freedom Act, this
subsection also requires the Secretary to provide members of
Indian tribes and pueblos access to these sites for traditional
cultural and customary uses and authorizes the Secretary to
temporarily close areas of the Preserve to the general public
in order to protect traditional cultural and customary uses by
members of Indian tribes and pueblos. In addition, the
subsection directs the Secretary to continue restrictions on
motorized use in the Preserve adjacent to the Santa Clara
Indian Reservation.
Subsection (k) directs the Secretary to study the
feasibility of establishing a hiking trail along the rim of the
Valles Caldera.
Subsection (l) clarifies that nothing in the bill affects
valid existing rights.
Section 4(a) transfers administrative jurisdiction over the
Preserve from the Secretary of Agriculture and the Valles
Caldera Trust to the Secretary, to be administered as a unit of
the National Park System.
Subsection (b) modifies the boundaries of the Santa Fe
National Forest to exclude the Preserve.
Subsection (c) directs the Secretary and the Trust to enter
into a memorandum of agreement to facilitate the orderly
transfer of the management of the Preserve and generally
authorizes the Secretary to continue existing management
activities and use plans adopted by the Trust until a new
management plan is completed. It also generally requires that
the Preserve remain open to public use during the interim
management period.
Subsection (d)(1) terminates the Trust 180 days after the
date of enactment of the bill unless the Secretary extends the
termination date to facilitate the transitional management of
the Preserve.
Paragraph (2) transfers--upon the termination of the
Trust--all assets, appropriated funds, contracts, obligations,
and liabilities of the Trust to the Secretary; directs the
Secretary and Trust to jointly develop a budget for the interim
management of the Preserve; and provides that any liabilities
incurred by the Trust after the date of enactment of the bill
must be authorized by that budget or with the written
concurrence of the Secretary.
Paragraph (3) authorizes the Secretary and Secretary of
Agriculture to hire employees of the Trust on a non-competitive
basis. It also provides that certain employees of the Trust are
to be retained in employment unless terminated for-cause, and
are to be considered to be placed on detail to, and subject to
the direction of, the Secretary.
Paragraph (4) provides that the Secretary shall have access
to all records of the Trust pertaining to the management of the
Preserve.
Paragraph (5) gives the Secretary the powers of the Trust
over the Valles Caldera Fund and provides that amounts in the
Fund shall be available to the Secretary, without further
appropriation, beginning on the date of enactment of the bill.
Section 5(a) repeals the Valles Caldera Preservation Act
upon termination of the Trust.
Subsection (b) provides that, notwithstanding the repeal,
certain authority of the Secretary of Agriculture to acquire
mineral interests in the Preserve are transferred to the
Secretary and any proceedings to do so shall continue, certain
provisions relating to the Pueblo of Santa Clara shall remain
in effect, and the Valles Caldera Fund shall not be terminated
until all amounts in the Fund have been expended by the
Secretary.
Subsection (c) clarifies that the repeal does not affect
the existing boundaries of the Preserve, Bandelier National
Monument, any land conveyed to the Pueblo of Santa Clara, or
the Santa Fe National Forest (with the exception of the
modification made by section 4(b)).
Section 6 authorizes the appropriation of such sums as are
necessary.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 3452--Valles Caldera National Preserve Management Act
S. 3452 would transfer administrative jurisdiction of the
Valles Caldera Preserve in New Mexico from the Forest Service
to the National Park Service (NPS). Assuming appropriation of
the necessary amounts, CBO estimates that implementing S. 3452
would increase discretionary spending by $16 million over the
2011-2015 period and by $16 million over the following five
years. Enacting the legislation would not affect revenues and
would have no net effect on direct spending; therefore, pay-as-
you-go procedures do not apply.
S. 3452 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Under S. 3452, the Valles Caldera National Preserve would
become a unit of the National Park System rather than the
National Forest System. The preserve would then be managed by
the NPS rather than the Valles Caldera Trust--a wholly owned,
government-sponsored corporation. (The 89,000-acre preserve was
established in 2000.) Assets and liabilities of the Valles
Calder Trust Fund would transfer to the NPS along with
authority to spend amounts in the trust fund without
appropriation. Under the bill, the NPS could continue to allow
grazing on preserve lands as well as hunting, fishing, and
other recreational activities.
As required by the bill, the agency would complete various
required management plans and feasibility studies for the
preserve over the next three years, including plans to develop
the preserve, acquire 40 acres of private land in the area, and
operate the preserve's science and education center. Finally,
land within the preserve would be withdrawn from commercial
purposes such as mining.
Based on information provided by the Forest Service and the
NPS, CBO estimates that the discretionary costs of
administering the preserve would increase by about $1 million
annually (from the current level of just under $4 million). The
additional funding would be used initially for required
management planning and studies and later to improve routine
operations and maintenance. In addition, CBO estimates that $22
million would be spent over the next 10 years to develop
facilities for maintenance, administrative, and recreation
purposes.
CBO expects that offsetting receipts and associated direct
spending under the bill would be about that same as under
current law. The NPS would collect receipts currently collected
by the trust (primarily from recreation fees earning less than
$1 million annually) and would spend such amounts to benefit
the preserve. The spending of balances in the Valles Caldera
Trust Fund, if any, would also be unchanged. Finally, we
estimate that withdrawing land within the preserve from
commercial activities such as mining would not reduce
offsetting receipts because that land is not expected to
generate any such amounts.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 3452.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 3452.
Congressionally Directed Spending
S. 3452, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The views of the Department of the Interior, Department of
Agriculture, and Valles Caldera Trust were included in
testimony received by the Committee at the June 30, 2010,
hearing on S. 3452, which is printed below:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the Committee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 3452, to designate the
Valles Caldera National Preserve as a unit of the National Park
System, and for other purposes.
The Department supports the protection of the nationally
significant natural and cultural resources found at the Valles
Caldera National Preserve. We would like to work with the
committee to determine the management structure that will
provide the highest level of protection and care for the unique
resources that are found within the Valles Caldera.
S. 3452 would designate the Valles Caldera National
Preserve (Preserve), in New Mexico as a unit of the National
Park System, transferring administrative jurisdiction of the
Preserve to the Secretary of the Interior (Secretary). The bill
would repeal the Valles Caldera Preservation Act and all assets
and liabilities of the Valles Caldera Trust (Trust) would be
transferred to the Secretary. The bill would also authorize the
Secretary to coordinate management and operations of the
Preserve with Bandelier National Monument. If S. 3452 is
enacted, we look forward to working with the Trust to develop a
management plan and capitalize on the proximity of Bandelier
National Monument for efficiency of operations, while applying
Service First principles of sharing resources as appropriate
with the surrounding National Forest.
S. 3452 would authorize grazing, hunting, and fishing to
continue within the Preserve and the bill would require the
Secretary to ensure the protection of traditional cultural and
religious sites including providing tribal access to the sites
and temporarily closing specific areas of the Preserve to
protect traditional uses. The National Park Service (NPS) has a
long history of consultation with First Americans in the
preservation and continuation of traditional practices.
Finally, S. 3452 would require that eligible Trust
employees be retained for at least 180 days from the date of
enactment and the Secretary and the Secretary of Agriculture
would be authorized to hire Trust employees on a noncompetitive
basis for comparable positions at the Preserve or other units
of the National Park or National Forest Systems in New Mexico.
The Valles Caldera National Preserve is an 88,900 acre unit
of the National Forest System located in the Jemez Mountains of
north central New Mexico. The Preserve was established by
Public Law 106-248, the Valles Caldera Preservation Act of
2000, and is managed by the Valles Caldera Trust, a wholly
owned government corporation established under the Act. The
Trust is charged with mixing elements of both private and
public administration while working to achieve resource
protection, public enjoyment, and financial self sufficiency
goals.
The Valles Caldera is considered to be one of the world's
best intact examples of a resurgent caldera (the remains of a
huge and ancient volcano with a prominent uplift at its center,
in this case present-day Redondo Peak) and is of sufficient
size and configuration to allow for long-term sustainable
resource protection and visitor enjoyment. The geologic
features of the Preserve retain a high degree of integrity and
the Preserve's unique setting of expansive grasslands and
montane forests provides outstanding scenic values and an array
of opportunities for public recreation, reflection, education,
and scientific study.
The national significance of the geological resources of
the Valles Caldera was formally recognized in 1975 when the
area was designated a National Natural Landmark. Additionally,
the Valles Caldera was the subject of site investigations and
new area studies that were completed by the National Park
Service (NPS) in 1939, 1964, 1977, and 1979. An Update Report
on the NPS 1979 New Area Study was completed by NPS in December
of 2009 at the request of Senators Bingaman and Tom Udall. All
of these NPS studies found that the Valles Caldera was
nationally significant, suitable and feasible for designation
as a unit of the National Park System , and the 2009 Update
Report reaffirmed the results of the prior studies. In
addition, the Forest Service, pursuant to Public Law 101-556,
also completed a study of the site in 1993, which was cited in
the Valles Caldera Preservation Act.
If added to the National Park System, Valles Caldera would
be managed in accordance with the 1916 Organic Act and other
Acts that have guided the NPS for nearly one hundred years ``to
provide for the enjoyment of the same in such manner and by
such means as will leave them unimpaired for the enjoyment of
future generations'', with recognition that the bill allows for
continued, sustainable grazing, hunting, and fishing. The NPS
has experience with these activities in our other nineteen
preserves.
Based on current expenses for Valles Caldera and the cost
to operate park units comparable in size and assets, we
anticipate the annual cost to operate and manage the park would
be approximately $22 million for developmental costs and $4
million for annual operational costs, although more complete
cost estimates would be developed through the general
management plan. In addition, our 2009 Update Report identifies
5 parcels of private property, totaling 40 acres, that would
need to be acquired. Although appraisals have not been
completed, the expected costs to acquire this private property
and any transfer costs are expected to be minimal. Funds would
be subject to the availability of appropriations and NPS
priorities.
Furthermore, as noted above, this bill would repeal the
Valles Caldera Preservation Act in which Congress authorized
the acquisition of a fractional mineral interest under the
Valles Caldera Preserve. We have been advised by the Department
of Justice that although the condemnation action related to the
mineral interest has concluded, the judgment and some fees have
not yet been paid. Accordingly, we believe that the bill should
state explicitly that it is not intended to affect the
authority for the condemnation or the amount or source of any
outstanding obligations of the United States related to the
condemnation of the fractional mineral interest under the
Preserve.
Finally, should S. 3452 move forward in its current form,
the Department would like the opportunity to work with the
committee to discuss some of the time periods that are outlined
in the bill. We are concerned that the 30 day time periods to
develop the memorandum of agreement described in Section 3 and
the interim budget in Section 4 may not be sufficient. We will
be happy to work with committee staff to address our concerns.
The Valles Caldera is a spectacular landscape containing
nationally significant resources that are worthy of
preservation and protection. We look forward to working with
the committee, the U.S. Forest Service, and the Valles Caldera
Trust to determine the best way to care for these resources and
to allow for their enjoyment by all Americans.
Mr. Chairman, that concludes my prepared remarks. I would
be happy to answer any questions that you or any other members
of the Committee may have.
----------
Statement of Harris Sherman, Under Secretary, Natural Resources and
Environment, Department of Agriculture
Mr. Chairman, Ranking Member Murkowski, and members of the
Committee:
Thank you for the opportunity to provide the
Administration's view of S. 3452 the ``Valles Caldera Preserve
Management Act''.
I am pleased to testify today on S. 3452 regarding the
long-term management of the Valles Caldera National Preserve,
one of the Nation's preeminent scenic and natural areas. The
Valles Caldera Preserve Management Act would repeal the Valles
Caldera Preservation Act of 2000 (2000 Act) abolish the Valles
Caldera Trust, terminate the Preserve's inclusion in the
National Forest System and turn over administration of the land
to the National Park Service (NPS). This legislation gives us
the opportunity to assess the long term management of the
Preserve. The Department supports the protection of the
nationally significant natural and cultural resources found at
the Valles Caldera National Preserve and have worked with the
Trust to accomplish these goals over the past several years. We
would like to work with the committee to determine the
management structure that will provide the highest level of
protection and care for the unique resources that are found
within the Valles Caldera. However, given the historical and
ecological importance of these lands and the work that is
required to restore them, there are various jurisdictional
options for the long-term management of the Valles Caldera
National Preserve that could be considered.
There is no debate about the outstanding natural resources
of the 88,900-acre Preserve with its extraordinary flora,
fauna, water, and geologic resources. Its spectacular scenic
values are among the finest in the National Forest System.
Geologically, the Valles Caldera is one of the Nation's best
examples of a resurgent caldera. Its archaeological and
cultural resources are of major significance to Native American
Pueblo people. The challenge before the Congress and the
Administration is how best to manage and restore the forested
and rangeland watersheds, while sustaining the traditional uses
of a working ranch and the majesty of a National Preserve for
the Nation.
role of the forest service
To assess appropriate future management, some history may
be helpful. In 2000, at the hearings for the original Valles
Caldera Preservation Act, the Forest Service was complimented
as the ``unsung heroes'' in the great effort to preserve and
protect what was then referred to as the Baca Ranch. That
accolade is as valid today as it was ten years ago. Beginning
in 1990, the Forest Service engaged the ranch owners, the
Dunigan family, in what turned out to be a decade long effort
to acquire the Baca Ranch. In 1993, the Forest Service
cooperating with interested parties including the National Park
Service, the U. S. Fish and Wildlife Service and affected
Indian tribes completed a major study, the Report on the Study
of the Baca Location No. 1 which provided the scientific and
public policy underpinnings for Federal acquisition of the
Ranch in 2000 (PL 106-248). From 1995 to 2000, the Secretary of
Agriculture assigned resource managers and used Department of
Agriculture legal expertise to negotiate the purchase of the
Baca Ranch for $101 million. The acquisition of the Baca
Location No. 1 by the Federal government also resulted in the
expansion of the Bandelier National Monument in the upper
watershed of Alamo Creek as authorized by Public Law 105-376.
The acquisition of the Preserve also permitted the Secretary of
Agriculture to assign to the Pueblo of Santa Clara rights to
acquire at fair market value approximately 5,045 acres of the
northeast corner of the Baca Location No. 1 in the Santa Clara
Creek watershed to promote watershed management within the
Santa Clara Indian Reservation. More recently, significant
effort and expense has been invested in acquiring privately
owned geothermal rights. With some exceptions, the
Administration can report today that due to the efforts of the
Forest Service and the Department of Justice, the Federal
government is now in possession of title to the Preserve and
the land is permanently protected from private development.
addition to the national forest system--valles caldera national
preserve
Upon the enactment of the 2000 Act on July 25, 2000, the
Valles Caldera National Preserve was added to the National
Forest System and the boundary of the Santa Fe National Forest
was adjusted to include the National Preserve. Hailed as a new
experiment in public, multiple-use land management, the nearly
89,000 acre National Preserve, formerly known as the Baca
Location No. 1, was assigned to a nine-member Board of Trustees
responsible for the protection and development of the Valles
Caldera National Preserve. The President of the United States
appoints seven members and two Federal employees, who are ex-
officio members who serve by virtue of their positions as
Forest Supervisor of the Santa Fe National Forest and
Superintendent of the Bandelier National Monument. The Trust is
the managing board for the National Forest System lands that
comprise the Valles Caldera National Preserve. The Preserve
employees report to an Executive Director, who is overseen by
the Trust Board members. Funding for the Preserve comes from
the annual Forest Service appropriation, which is $3.5 million
for FY 10 and from revenues generated by the Preserve for entry
and use. In fiscal year 2009 the Trust generated approximately
$650,000.
Because the Valles Caldera National Preserve is part of the
National Forest System, it has the ability to draw upon the
considerable resources of the Forest Service. The Deputy Areas
for National Forest Systems, Research and Development and State
and Private Forestry, as well as Business Operations support
and assist the Trust, and Preserve managers with services and
expertise needed to manage the Preserve. The Southwest Region
and the Rocky Mountain Research Station support the Preserve
managers through special assignments; such as on-the-ground
consultations and specific disciplinary investigations or
services. Santa Fe National Forest and Cibola National Forest
employees with a wide array of skills are within a short
driving distance of the Preserve and are available for
immediate consultation on management direction or service
program delivery. Wildland fire suppression and management
resources, including equipment and personnel, are directly
provided to the Preserve as part of the Santa Fe National
Forest mission. Over the last decade, the Forest Service has
worked closely with the Trust to assist with National Preserve
operations, including archaeology, forestry, law enforcement,
infrastructure, technical assistance, resource management and
wildfire suppression. The Forest Service also provides the
Trust with administrative assistance in financial services and
property management.
maintaining a working ranch, while managing a national preserve
The debate a decade ago was over how to best manage the
newly acquired Baca Ranch. The consensus then was that the land
should be preserved as a working ranch where fishing, hunting,
grazing, and some limited timber management might be retained.
Then Congressman Udall noted in the hearings in March, 2000,
that a working ranch would permit both cattle and wildlife to
thrive on the land and traditional New Mexican families should
have the opportunity to join others who had previously been
able to use the land. The concept of a working ranch was widely
endorsed. Over the past decade the Trust, with the assistance
of the Forest Service, has implemented the concept of the
working ranch.
The October 2009 report ``Valles Caldera'' by the
Government Accountability Office found that the Trust had made
progress in rehabilitating roads, buildings, fences, and other
infrastructure, had created a science program, experimented
with a variety of grazing options, taken steps to manage its
forests, expanded recreational opportunities, and taken its
first steps toward becoming financially self-sustaining.
However the Trust is at least 5 years behind the schedule it
set for itself. Through FY2009, the Trust lacked a strategic
plan and annual performance plans and it had not systematically
monitored or reported on its' progress. The Trust's financial
management has also been weak and the Trust is challenged to
become self sustaining by the end of FY2015. The GAO
recommended that the Trust work with the relevant Committees to
seek legislative remedies as appropriate for the legal
challenges confronting the Trust.
forest and rangeland restoration
It is important to note that restoration and resource
management issues are already being managed by the Forest
Service on approximately 895,000 acres of National Forest
System lands in the Jemez Mountains surrounding the Preserve
and on the Preserve's Southeast corner adjacent to Bandelier
National Monument. The connectivity of the forests, rangelands
and waters in the Jemez Mountains of central and northern New
Mexico allows for the continuity of natural resource management
and for efficient restoration practices to be implemented on a
landscape scale. The Forest Service is well positioned to
provide landscape and restoration management in the Jemez
Mountains, as envisioned by the Administration's priorities for
maintaining and enhancing the resiliency and productivity of
America's forests.
The paramount priority for the Preserve is to continue and
increase watershed restoration work across the Preserve and the
surrounding National Forest System lands. The land's long
history as a ranch where timber and mining activities occurred
degraded much of the landscape. In addition, drought and insect
activity threatens the forest and makes catastrophic fire a
major challenge. Restoration work in this regard has been
initiated and environmental and watershed assessments for
developing future restoration projects are in process.
Some of this restoration work has and will continue to deal
with roads. When the Baca Ranch was purchased there were
approximately 1,400 miles of logging roads on the land.
Initially, it was determined that the existing road system and
surface design could not be used to support recreational
opportunities, administration and management or uses such as
grazing.
To date, approximately 875 miles of the 1,400 have been
inventoried and once the inventory is completed a determination
would be made on the number of miles of road required for
management of the Preserve. Through forest restoration efforts,
the existing roads that are unneeded for future management
would then be closed, decommissioned or obliterated. Presently,
the Trust, with the assistance of the Forest Service, has
upgraded over 18 miles of road to all-weather gravel standards
so they are usable for passenger vehicles and are more
environmentally stable. To enhance safety and public viewing of
the preserve, the kiosks, scenic turnouts, and a new gate have
been installed. In addition, the entry to and exit from New
Mexico Highway 4, the main access road to the preserve, has
been reconfigured to meet traffic and road safety requirements.
Rehabilitating deteriorating infrastructure such as
buildings, roads and water systems has proven to be an
expensive and time-consuming endeavor. Many of these
obligations will need to be addressed in any future management
regime for the Preserve.
approaches to grazing management
Given that the 2000 Act requires maintaining the Preserve
as a working ranch, grazing has been a central activity. Over
the years, the grazing program's objectives, scope, and size
have changed repeatedly, in response to annual scientific
assessments of forage availability, as well as shifting
directives from the Board. The ultimate goal is to manage the
Preserve's livestock operations for multiple aims, including,
environmental benefits, local community benefit, research, and
public education.
the development and expansion of recreational opportunities
For the public, especially New Mexicans, the Baca Location
No.1 was an intriguing curiosity. Projected on maps as a
prominent rectangle of white surrounded by National Forest
System lands and on the Preserve's Southeast corner adjacent to
Bandelier National Monument, there were great expectations by
the Public for recreating and exploring the new National
Preserve. At the outset of Forest Service and Trust management,
the National Preserve was closed to public entry. Beginning in
2002, the Preserve was opened to public recreation which was
confined to guided hikes or van tours. Over the next several
years, access to the Preserve for varied summer and winter
activities was allowed, including but not limited to access for
fishing, hunting, hiking and various other recreational
activities provided by outfitters and guides such as horse
drawn wagon and sleigh rides, stargazing and viewing, group
tours and birding.
Given the successful history of Forest Service efforts, its
commitment to the Preserve and the National Forest System
stewardship of the vast majority of lands surrounding the
Preserve, management by the Forest Service is a viable option
for the Preserve's future. There is ample national precedent
for Forest Service administration of such lands. The agency
currently manages 38 Congressionally designated areas,
including 21 National Recreation Areas, 6 National Monuments (2
of which are national volcanic monuments), and 11 National
Scenic Areas. For example the Santa Fe National Forest is
managing the 57,000 acre Jemez National Recreation Area
established to conserve the recreational, ecological, cultural,
religious and wildlife values of the Jemez Mountains.
The Preserve presents many resource management challenges
that must be addressed and accounted for if any change in
management is considered. The largest elk herd in New Mexico
has to be carefully managed in cooperation with the New Mexico
Department of Game and Fish. The land needs to be restored
after decades of grazing and logging use. Indeed, for the
Secretary of Agriculture, restoration of forest and rangeland
watersheds is one of the highest management priorities. Under
the Forest Landscape Restoration Title of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303), which established
the Collaborative Forest Landscape Restoration Fund (CFLRF),
the Valles Caldera National Preserve, Santa Fe National Forest,
the Nature Conservancy and the New Mexico Forest and Watershed
Restoration Institute have developed a proposal for a cross
jurisdictional planning process to implement a landscape-scale
forest restoration strategy in the Jemez River Watershed. A key
collaborator for this proposal, among many, is Bandelier
National Monument. To achieve the goals of restoration and
resiliency under the CFLRF active management prescriptions
utilizing timber and forest vegetation harvesting and removal,
prescribed fire, road closures and obliteration, as well as
controlled livestock herbivory, would be required to achieve
restored and resilient forest and watershed ecological
conditions. However, under the CFLRF, funding is limited to
lands administered by the Forest Service.
congressional request for reconnaissance study by the national park
service
At the request of New Mexico Senators Jeff Bingaman and Tom
Udall (June 24, 2009), the National Park Service performed a
reconnaissance study of the National Forest System lands
comprising the Valles Caldera National Preserve for its
inclusion in the National Park System. We recognize that the
Secretary of the Interior could also be an appropriate steward
of the National Preserve and the Forest Service will work
cooperatively with all parties to achieve the best outcome for
the National Preserve.
If it is the decision of the Committee that permanent Trust
management of the Preserve is not in the public interest and
the land is ultimately managed by the Park Service, the Forest
Service or some other arrangement, then we would request a
thorough and orderly transfer of responsibilities from the
Trust. In the interim, we should assure adequate funding for
continued operations. In that respect, I note the
Administration is recommending continued funding of the Trust
at $3.5 million for FY 2011.
This bill would repeal the Valles Caldera Preservation Act
(VCPA), in which Congress authorized the acquisition of a
fractional mineral interest under the Valles Caldera Preserve.
Although the condemnation action related to the mineral
interest has concluded, the judgment and some fees have not yet
been paid. Accordingly, we believe that the bill should state
explicitly that it is not intended to affect the authority for
the condemnation or the amount or source of any outstanding
obligations of the United States related to the condemnation of
the fractional mineral interest under the Preserve.
In closing, I would note that the spirit of cooperation
would be paramount for all agencies to work together for the
thoughtful stewardship of the Valles Caldera National Preserve,
regardless of the Congresses' decisions regarding
administrative jurisdiction.
This concludes my testimony, and I would be happy to answer
any questions.
----------
Statement of Stephen E. Henry, Chairman, the Board of Trustees, Valles
Caldera Trust
Mr. Chairman and Members of the Committee:
I am Stephen Henry, Chairman of the Board of Trustees for
the Valles Caldera Trust, and I am here on behalf of the
Presidentially appointed members of the Board of Trustees to
express our views about S. 3452. The Trust supports the
protection of the nationally significant natural and cultural
resources found at the Valles Caldera National Preserve.
I will not belabor the wonderful scenic and natural values
of the Valles Caldera National Preserve. Everyone here knows it
is a national treasure. We at the Trust value that treasure,
and we have devoted our best efforts to its preservation and
protection. But, unfortunately, we inherited an abused
treasure. The former Baca Ranch had been over grazed and over
logged for decades. Hundreds of miles of roads cover the area.
Geothermal developers were threatening to develop private
mineral rights. Major roads and improvements were in need of
repair and rehabilitation. Infrastructure necessary to
accommodate public access and use was almost nonexistent and
prerequisite environmental compliances had never been
addressed. At the same time, the public clamored to use and
enjoy this land for which the Federal taxpayer paid $101
million.
Today, I am here to report that the Preserve is well on the
way to a comeback. With the assistance of our partners in the
Forest Service, the universities and the public, significant
strides have been made at landscape restoration. The mandates
of the Valles Caldera Preservation Act of 2000 are steadily and
successfully being accomplished with regard to wildlife
management, forest and range management, public recreation,
Native American religious and cultural uses, research, science
and many others. Despite these successes, S. 3452 would
terminate the Valles Caldera Trust. We are disappointed and
concerned, particularly about the future of our employees and
the many successful ongoing programs.
We note that the Valles Caldera Preservation Act provides
for the assessment of the future viability of the Trust. In
section 110, the Act calls for providing recommendations to
Congress after 18 years as to whether the Trust should
continue. In that context, we believe that S. 3452, which
assumes Park Service management is best for the Preserve, could
benefit from further analysis of the possible viable options
for long term management of the Preserve. However, the relative
merits of administration by the Forest Service, Park Service
and the Trust have never been analyzed.
When viewed objectively, we believe the Trust's
accomplishments will be evident. The Trust started at ground
zero when it was established in 2000. We had a brand new
organization implementing an untested management regime on a
huge property. The Preserve has not been financially self-
sustaining; however, the challenge of that goal was recognized
by many at the time of the original enactment. The Preserve has
limited revenue generating capacity. Further, back in 2000,
neither the Congress nor the Executive Branch anticipated the
costs and complications of setting up a government corporation
or the costs of making necessary capital repairs and
rehabilitation, and simply the costs of operations--all of
which are debits in the accounting on self sustainability.
Parts of the problem were inherent challenges in the enabling
legislation. One simple example concerns tort liability.
Instead of treating the Trust like any other self insured
federal agency, we were compelled to spend considerable sums
buying private liability insurance. The point is that the Trust
is being held to a unique standard of financial self
sustainability. The Board believes that terminating the Trust
fails to recognize much of the progress and investments in time
and money made by the Trust in the past eight years.
Turning the discussion to the future, the issue is what
management is needed and who can best provide it. It may be
that management by the Forest Service or the Park Service will
enable some administrative functions to be assumed within a
larger organization, but many activities and operations will
have to be done anyway and at probably much the same cost.
Forest restoration is now the major management focus. It
involves putting roads to bed, erosion control, reforestation,
and dealing with the challenges posed by insects and climate
change. Range management is another challenge and includes
restoration of riparian areas. We are currently undertaking
extensive research in grassland improvement in cooperation with
New Mexico State University. Public recreation, including
hunting and fishing, is always a major challenge, but we have
been getting high marks on these issues from our visitors.
In conclusion, we understand there will be a need to assess
the long term management of the Preserve and want to play our
part in that effort. We believe any changes should be
considered with full public transparency and with input from
resource management experts. This exquisite landscape and the
American public deserve no less.
Thank you and I would be happy to answer any questions the
Committee would have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 3452, as ordered reported, are shown below
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman). The Committee
notes that section 5(b) of S. 3452, as ordered reported,
provides that certain authorities and actions shall continue
and certain provisions shall remain in effect notwithstanding
the repeal of the Valles Caldera Preservation Act, as explained
in detail in the section-by-section analysis above.
VALLES CALDERA PRESERVATION ACT
(Title I of Public Law 106-248, as amended by Public Law 106-132)
(16 U.S.C. 698v-698v-10)
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,
[TITLE I--VALLES CALDERA NATIONAL PRESERVE AND TRUST
[SEC. 101. SHORT TITLE.
[This title may be cited as the ``Valles Caldera
Preservation Act''.
[SEC. 102. FINDINGS AND PURPOSES.
[(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.
[SEC. 103. DEFINITIONS.
[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.
[SEC. 104. ACQUISITION OF LANDS.
[(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.--
[(1) In general.--The acquisition of the Baca ranch
by the Secretary shall be subject to all outstanding
valid existing mineral interests.
[(2) Acquisition.--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 for not to exceed its fair
market value, as determined by appraisal done in
conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions.
[(3) Administration.--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.
[(4) Available funds.--Any such interests shall be
acquired with available funds.
[(5) Declaration of taking.--
[(A) In general.--If negotiations to acquire
the interests are unsuccessful by the date that
is 60 days after the date of enactment of this
paragraph, the Secretary shall acquire the
interests pursuant to section 3114 of title 40,
United States Code.
[(B) Source of funds.--Any difference between
the sum of money estimated to be just
compensation by the Secretary and the amount
awarded shall be paid from the permanent
judgment appropriation under section 1304 of
title 31, United States Code.
[(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. 4601-9), 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.
[SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.
[(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).
[SEC. 106. THE VALLES CALDERA TRUST.
[(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 members of the Board of Trustees, the
executive director, and one additional employee of the Trust in
an executive position designated by the Board of Trustees or
the executive director 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), from
claims, judgments, or settlements arising from
activities occurring on the Baca Ranch or the Preserve
after October 27, 1999, 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.
[SEC. 107. BOARD OF TRUSTEES.
[(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.--Except as provided in
paragraph (3), 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.--
[(A) Selection.--Trustees shall select a
chair from the membership of the Board.
[(B) Compensation.--On request of the chair,
the chair may be compensated at a rate
determined by the Board of Trustees, but not to
exceed the daily equivalent of the annual rate
of pay for level IV of the Executive Schedule
under section 5315 of title 5, United States
Code, for each day (including travel time) in
which the chair is engaged in the performance
of duties of the Board of Trustees.
[(C) Maximum rate of pay.--The total amount
of compensation paid to the chair for a fiscal
year under subparagraph (B) shall not exceed 25
percent of the annual rate of pay for level IV
of the Executive Schedule under section 5315 of
title 5, United States Code.
[(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.
[SEC. 108. RESOURCE MANAGEMENT.
[(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.--
[(A) In general.--The Trust may not dispose
of any real property in, or convey any water
rights appurtenant to the Preserve.
[(B) Maximum duration.--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.
[(C) Termination.--The easement, contract,
lease, or other agreement shall provide that,
upon termination of the Trust, such easement,
contract, lease or agreement is terminated.
[(D) Exclusions.--For the purposes of this
paragraph, the disposal of real property does
not include the sale or other disposal of
forage, forest products, or marketable
renewable resources.
[(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.--
[(1) Law enforcement.--
[(A) In general.--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.
[(B) Federal agency.--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)).
[(2) Fire management.--
[(A) Non-reimbursable services.--
[(i) Development of plan.--Subject to
the availability of appropriations
under section 111(a), the Secretary
shall, in consultation with the Trust,
develop a plan to carry out fire
preparedness, suppression, and
emergency rehabilitation services on
the Preserve.
[(ii) Consistency with management
program.--The plan shall be consistent
with the management program developed
pursuant to subsection (d).
[(iii) Cooperative agreement.--To the
extent generally authorized at other
united of the National Forest System,
the Secretary shall provide the
services to be carried out pursuant to
the plan under a cooperative agreement
entered into between the Secretary and
the Trust.
[(B) Reimbursable services.--To the extent
generally authorized at other units of the
National Forest System and subject to the
availability of appropriations under section
111(a), the Secretary may provide
presuppression and nonemergency rehabilitation
and restoration services for the Trust at any
time on a reimbursable basis.
[SEC. 109. AUTHORITIES OF THE SECRETARY.
[(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 section
108. The Secretary may enter into any agreement, lease,
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.
[SEC. 110. TERMINATION OF THE TRUST.
[(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 year
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.
[SEC. 111. LIMITATIONS ON FUNDING.
[(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).
[SEC. 112. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
[(a) Initial Study.--Three years after the assumption of
management by the Trust, the Government Accountability 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 Government Accountability 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.]
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