PUBLIC LAW 106–248—JULY 25, 2000

VALLES CALDERA NATIONAL PRESERVE AND

TRUST

114 STAT. 598 PUBLIC LAW 106–248—JULY 25, 2000

Public Law 106–248

106th Congress

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;

16 USC 698v.

16 USC 698v

note.

Valles Caldera

Preservation Act.

New Mexico

July 25, 2000

[S. 1892]

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 599

(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

16 USC 698v–1.

114 STAT. 600 PUBLIC LAW 106–248—JULY 25, 2000

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

Government

organization.

16 USC 698v–2.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 601

those lands within the boundaries of the Bandelier National Monument as modified under section 3 of Public Law 105–376 (112

Stat. 3389).

(c) PLAT AND MAPS.—

(1) PLAT AND MAPS PREVAIL.—In case of any conflict

between a plat or a map and acreages, the plat or map shall

prevail.

(2) MINOR CORRECTIONS.—The Secretary and the Secretary

of the Interior may make minor corrections in the boundaries

of the Upper Alamo watershed as depicted on the map referred

to in section 3 of Public Law 105–376 (112 Stat. 3389).

(3) BOUNDARY MODIFICATION.—Upon the conveyance of any

lands to any entity other than the Secretary, the boundary

of the Preserve shall be modified to exclude such lands.

(4) FINAL MAPS.—Within 180 days of the date of acquisition

of the Baca ranch under subsection (a), the Secretary and

the Secretary of the Interior shall submit to the Committees

of Congress a final map of the Preserve and a final map

of Bandelier National Monument, respectively.

(5) PUBLIC AVAILABILITY.—The plat and maps referred to

in the subsection shall be kept and made available for public

inspection in the offices of the Chief, Forest Service, and

Director, National Park Service, in Washington, D.C., and

Supervisor, Santa Fe National Forest, and Superintendent,

Bandelier National Monument, in the State of New Mexico.

(d) WATERSHED MANAGEMENT REPORT.—The Secretary, acting

through the Forest Service, in cooperation with the Secretary of

the Interior, acting through the National Park Service, shall—

(1) prepare a report of management alternatives which

may—

(A) provide more coordinated land management within

the area known as the upper watersheds of Alamo, Capulin,

Medio, and Sanchez Canyons, including the areas known

as the Dome Diversity Unit and the Dome Wilderness;

(B) allow for improved management of elk and other

wildlife populations ranging between the Santa Fe National

Forest and the Bandelier National Monument; and

(C) include proposed boundary adjustments between

the Santa Fe National Forest and the Bandelier National

Monument to facilitate the objectives under subparagraphs

(A) and (B); and

(2) submit the report to the Committees of Congress within

120 days of the date of enactment of this title.

(e) OUTSTANDING MINERAL INTERESTS.—The acquisition of the

Baca ranch by the Secretary shall be subject to all outstanding

valid existing mineral interests. The Secretary is authorized and

directed to negotiate with the owners of any fractional interest

in the subsurface estate for the acquisition of such fractional

interest on a willing seller basis for not to exceed its fair market

value, as determined by appraisal done in conformity with the

Uniform Appraisal Standards for Federal Land Acquisitions. Any

such interests acquired within the boundaries of the Upper Alamo

watershed, as referred to in subsection (b), shall be administered

by the Secretary of the Interior as part of Bandelier National

Monument.

(f) BOUNDARIES OF THE BACA RANCH.—For purposes of section

7 of the Land and Water Conservation Fund Act of 1965 (16

Deadline.

Deadline.

114 STAT. 602 PUBLIC LAW 106–248—JULY 25, 2000

U.S.C. 460l–9), the boundaries of the Baca ranch shall be treated

as if they were National Forest boundaries existing as of January

1, 1965.

(g) PUEBLO OF SANTA CLARA.—

(1) IN GENERAL.—The Secretary may assign to the Pueblo

of Santa Clara rights to acquire for fair market value portions

of the Baca ranch. The portion that may be assigned shall

be determined by mutual agreement between the Pueblo and

the Secretary based on optimal management considerations

for the Preserve including manageable land line locations,

public access, and retention of scenic and natural values. All

appraisals shall be done in conformity with the Uniform

Appraisal Standards for Federal Land Acquisition.

(2) STATUS OF LAND ACQUIRED.—As of the date of acquisition, the fee title lands, and any mineral estate underlying

such lands, acquired under this subsection by the Pueblo of

Santa Clara are deemed transferred into trust in the name

of the United States for the benefit of the Pueblo of Santa

Clara and such lands and mineral estate are declared to be

part of the existing Santa Clara Indian Reservation.

(3) MINERAL ESTATE.—Any mineral estate acquired by the

United States pursuant to section 104(e) underlying fee title

lands acquired by the Pueblo of Santa Clara shall not be

developed without the consent of the Secretary of the Interior

and the Pueblo of Santa Clara.

(4) SAVINGS.—Any reservations, easements, and covenants

contained in an assignment agreement entered into under paragraph (1) shall not be affected by the acquisition of the Baca

ranch by the United States, the assumption of management

by the Valles Caldera Trust, or the lands acquired by the

Pueblo being taken into trust.

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

Effective date.

16 USC 698v–3.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 603

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.

16 USC 698v–4.

114 STAT. 604 PUBLIC LAW 106–248—JULY 25, 2000

(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.

Deadline.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 605

(g) DONATIONS.—The Trust may solicit and accept donations

of funds, property, supplies, or services from individuals, foundations, corporations, and other private or public entities for the

purposes of carrying out its duties. The Secretary, prior to assumption of management of the Preserve by the Trust, and the Trust

thereafter, may accept donations from such entities notwithstanding

that such donors may conduct business with the Department of

Agriculture or any other department or agency of the United States.

(h) PROCEEDS.—

(1) IN GENERAL.—Notwithstanding sections 1341 and 3302

of title 31 of the United States Code, all monies received from

donations under subsection (g) or from the management of

the Preserve shall be retained and shall be available, without

further appropriation, for the administration, preservation, restoration, operation and maintenance, improvement, repair, and

related expenses incurred with respect to properties under its

management jurisdiction.

(2) FUND.—There is hereby established in the Treasury

of the United States a special interest bearing fund entitled

‘‘Valles Caldera Fund’’ which shall be available, without further

appropriation for any purpose consistent with the purposes

of this title. At the option of the Trust, or the Secretary in

accordance with section 110, the Secretary of the Treasury

shall invest excess monies of the Trust in such account, which

shall bear interest at rates determined by the Secretary of

the Treasury taking into consideration the current average

market yield on outstanding marketable obligations of the

United States of comparable maturity.

(i) RESTRICTIONS ON DISPOSITION OF RECEIPTS.—Any funds

received by the Trust, or the Secretary in accordance with section

109(b), from the management of the Preserve shall not be subject

to partial distribution to the State under—

(1) the Act of May 23, 1908, entitled ‘‘an Act making

appropriations for the Department of Agriculture for the fiscal

year ending June thirtieth, nineteen hundred and nine’’ (35

Stat. 260, chapter 192; 16 U.S.C. 500);

(2) section 13 of the Act of March 1, 1911 (36 Stat. 963,

chapter 186; 16 U.S.C. 500); or

(3) any other law.

(j) SUITS.—The Trust may sue and be sued in its own name

to the same extent as the Federal Government. For purposes of

such suits, the residence of the Trust shall be the State of New

Mexico. The Trust shall be represented by the Attorney General

in any litigation arising out of the activities of the Trust, except

that the Trust may retain private attorneys to provide advice and

counsel.

(k) BYLAWS.—The Trust shall adopt necessary bylaws to govern

its activities.

(l) INSURANCE AND BOND.—The Trust shall require that all

holders of leases from, or parties in contract with, the Trust that

are authorized to occupy, use, or develop properties under the

management jurisdiction of the Trust, procure proper insurance

against any loss in connection with such properties, or activities

authorized in such lease or contract, as is reasonable and customary.

(m) NAME AND INSIGNIA.—The Trust shall have the sole and

exclusive right to use the words ‘‘Valles Caldera Trust’’, and any

seal, emblem, or other insignia adopted by the Board of Trustees.

114 STAT. 606 PUBLIC LAW 106–248—JULY 25, 2000

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.

President.

Deadline.

President.

16 USC 698v–5.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 607

(2) VACANCIES.—Any vacancy among the appointed trustees

shall be filled in the same manner in which the original appointment was made, and any trustee appointed to fill a vacancy

shall serve for the remainder of that term for which his or

her predecessor was appointed.

(3) LIMITATIONS.—No appointed trustee may serve more

than 8 years in consecutive terms.

(d) QUORUM.—A majority of trustees shall constitute a quorum

of the Board for the conduct of business.

(e) ORGANIZATION AND COMPENSATION.—

(1) IN GENERAL.—The Board shall organize itself in such

a manner as it deems most appropriate to effectively carry

out the activities of the Trust.

(2) COMPENSATION OF TRUSTEES.—Trustees shall serve

without pay, but may be reimbursed from the funds of the

Trust for the actual and necessary travel and subsistence

expenses incurred by them in the performance of their duties.

(3) CHAIR.—Trustees shall select a chair from the membership of the Board.

(f) LIABILITY OF TRUSTEES.—Appointed trustees shall not be

considered Federal employees by virtue of their membership on

the Board, except for purposes of the Federal Tort Claims Act,

the Ethics in Government Act, and the provisions of chapter 11

of title 18, United States Code.

(g) MEETINGS.—

(1) LOCATION AND TIMING OF MEETINGS.—The Board shall

meet in sessions open to the public at least three times per

year in New Mexico. Upon a majority vote made in open session,

and a public statement of the reasons therefore, the Board

may close any other meetings to the public: Provided, That

any final decision of the Board to adopt or amend the comprehensive management program under section 108(d) or to

approve any activity related to the management of the land

or resources of the Preserve shall be made in open public

session.

(2) PUBLIC INFORMATION.—In addition to other requirements of applicable law, the Board shall establish procedures

for providing appropriate public information and periodic

opportunities for public comment regarding the management

of the Preserve.

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;

Deadline.

16 USC 698v–6.

Procedures.

114 STAT. 608 PUBLIC LAW 106–248—JULY 25, 2000

(2) preservation and development of the land and resources

of the Preserve;

(3) interpretation of the Preserve and its history for the

public;

(4) management of public use and occupancy of the Preserve; and

(5) maintenance, rehabilitation, repair, and improvement

of property within the Preserve.

(c) AUTHORITIES.—

(1) IN GENERAL.—The Trust shall develop programs and

activities at the Preserve, and shall have the authority to

negotiate directly and enter into such agreements, leases, contracts and other arrangements with any person, firm, association, organization, corporation or governmental entity, including

without limitation, entities of Federal, State, and local governments, and consultation with Indian tribes and Pueblos, as

are necessary and appropriate to carry out its authorized activities or fulfill the purposes of this title. Any such agreements

may be entered into without regard to section 321 of the Act

of June 30, 1932 (40 U.S.C. 303b).

(2) PROCEDURES.—The Trust shall establish procedures for

entering into lease agreements and other agreements for the

use and occupancy of facilities of the Preserve. The procedures

shall ensure reasonable competition, and set guidelines for

determining reasonable fees, terms, and conditions for such

agreements.

(3) LIMITATIONS.—The Trust may not dispose of any real

property in, or convey any water rights appurtenant to the

Preserve. The Trust may not convey any easement, or enter

into any contract, lease, or other agreement related to use

and occupancy of property within the Preserve for a period

greater than 10 years. Any such easement, contract, lease,

or other agreement shall provide that, upon termination of

the Trust, such easement, contract, lease or agreement is terminated.

(4) APPLICATION OF PROCUREMENT LAWS.—

(A) IN GENERAL.—Notwithstanding any other provision

of law, Federal laws and regulations governing procurement by Federal agencies shall not apply to the Trust,

with the exception of laws and regulations related to Federal Government contracts governing health and safety

requirements, wage rates, and civil rights.

(B) PROCEDURES.—The Trust, in consultation with the

Administrator of Federal Procurement Policy, Office of

Management and Budget, shall establish and adopt procedures applicable to the Trust’s procurement of goods and

services, including the award of contracts on the basis

of contractor qualifications, price, commercially reasonable

buying practices, and reasonable competition.

(d) MANAGEMENT PROGRAM.—Within two years after assumption of management responsibilities for the Preserve, the Trust

shall, in accordance with subsection (f), develop a comprehensive

program for the management of lands, resources, and facilities

within the Preserve to carry out the purposes under section 105(b).

To the extent consistent with such purposes, such program shall

provide for—

Deadline.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 609

(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.).

Public notice.

Public safety.

114 STAT. 610 PUBLIC LAW 106–248—JULY 25, 2000

(2) ENVIRONMENTAL LAWS.—The Trust shall be deemed

a Federal agency for the purposes of compliance with Federal

environmental laws.

(3) CRIMINAL LAWS.—All criminal laws relating to Federal

property shall apply to the same extent as on adjacent units

of the National Forest System.

(4) REPORTS ON APPLICABLE RULES AND REGULATIONS.—

The Trust may submit to the Secretary and the Committees

of Congress a compilation of applicable rules and regulations

which in the view of the Trust are inappropriate, incompatible

with this title, or unduly burdensome.

(5) CONSULTATION WITH TRIBES AND PUEBLOS.—The Trust

is authorized and directed to cooperate and consult with Indian

tribes and Pueblos on management policies and practices for

the Preserve which may affect them. The Trust is authorized

to allow the use of lands within the Preserve for religious

and cultural uses by Native Americans and, in so doing, may

set aside places and times of exclusive use consistent with

the American Indian Religious Freedom Act (42 U.S.C. 1996

(note)) and other applicable statutes.

(6) NO ADMINISTRATIVE APPEAL.—The administrative

appeals regulations of the Secretary shall not apply to activities

of the Trust and decisions of the Board.

(g) LAW ENFORCEMENT AND FIRE MANAGEMENT.—The Secretary

shall provide law enforcement services under a cooperative agreement with the Trust to the extent generally authorized in other

units of the National Forest System. The Trust shall be deemed

a Federal agency for purposes of the law enforcement authorities

of the Secretary (within the meaning of section 15008 of the

National Forest System Drug Control Act of 1986 (16 U.S.C. 559g)).

At the request of the Trust, the Secretary may provide fire

presuppression, fire suppression, and rehabilitation services: Provided, That the Trust shall reimburse the Secretary for salaries

and expenses of fire management personnel, commensurate with

services provided.

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

16 USC 698v–7.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 611

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 years from the

date of acquisition of the Baca ranch under section 104(a),

16 USC 698v–8.

114 STAT. 612 PUBLIC LAW 106–248—JULY 25, 2000

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. GENERAL ACCOUNTING OFFICE STUDY.

(a) INITIAL STUDY.—Three years after the assumption of

management by the Trust, the General Accounting Office shall

conduct an interim study of the activities of the Trust and shall

report the results of the study to the Committees of Congress.

The study shall include, but shall not be limited to, details of

programs and activities operated by the Trust and whether it met

its obligations under this title.

(b) SECOND STUDY.—Seven years after the assumption of

management by the Trust, the General Accounting Office shall

conduct a study of the activities of the Trust and shall report

Reports.

Deadline.

Reports.

16 USC 698v–10.

Deadline.

Deadline.

16 USC 698v–9.

Deadline.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 613

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.

TITLE II—FEDERAL LAND

TRANSACTION FACILITATION

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Federal Land Transaction Facilitation Act’’.

SEC. 202. FINDINGS.

Congress finds that—

(1) the Bureau of Land Management has authority under

the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1701 et seq.) to sell land identified for disposal under

its land use planning;

(2) the Bureau of Land Management has authority under

that Act to exchange Federal land for non-Federal land if

the exchange would be in the public interest;

(3) through land use planning under that Act, the Bureau

of Land Management has identified certain tracts of public

land for disposal;

(4) the Federal land management agencies of the Departments of the Interior and Agriculture have authority under

existing law to acquire land consistent with the mission of

each agency;

(5) the sale or exchange of land identified for disposal

and the acquisition of certain non-Federal land from willing

landowners would—

(A) allow for the reconfiguration of land ownership

patterns to better facilitate resource management;

(B) contribute to administrative efficiency within Federal land management units; and

(C) allow for increased effectiveness of the allocation

of fiscal and human resources within the Federal land

management agencies;

(6) a more expeditious process for disposal and acquisition

of land, established to facilitate a more effective configuration

of land ownership patterns, would benefit the public interest;

(7) many private individuals own land within the boundaries of Federal land management units and desire to sell

the land to the Federal Government;

(8) such land lies within national parks, national monuments, national wildlife refuges, national forests, and other

areas designated for special management;

(9) Federal land management agencies are facing increased

workloads from rapidly growing public demand for the use

of public land, making it difficult for Federal managers to

address problems created by the existence of inholdings in

many areas;

(10) in many cases, inholders and the Federal Government

would mutually benefit from Federal acquisition of the land

on a priority basis;

43 USC 2301.

43 USC 2301

note.

Federal

Transaction

Facilitation Act.

114 STAT. 614 PUBLIC LAW 106–248—JULY 25, 2000

(11) proceeds generated from the disposal of public land

may be properly dedicated to the acquisition of inholdings and

other land that will improve the resource management ability

of the Federal land management agencies and adjoining landowners;

(12) using proceeds generated from the disposal of public

land to purchase inholdings and other such land from willing

sellers would enhance the ability of the Federal land management agencies to—

(A) work cooperatively with private landowners and

State and local governments; and

(B) promote consolidation of the ownership of public

and private land in a manner that would allow for better

overall resource management;

(13) in certain locations, the sale of public land that has

been identified for disposal is the best way for the public

to receive fair market value for the land; and

(14) to allow for the least disruption of existing land and

resource management programs, the Bureau of Land Management may use non-Federal entities to prepare appraisal documents for agency review and approval consistent with

applicable provisions of the Uniform Standards for Federal

Land Acquisition.

SEC. 203. DEFINITIONS.

In this title:

(1) EXCEPTIONAL RESOURCE.—The term ‘‘exceptional

resource’’ means a resource of scientific, natural, historic, cultural, or recreational value that has been documented by a

Federal, State, or local governmental authority, and for which

there is a compelling need for conservation and protection under

the jurisdiction of a Federal agency in order to maintain the

resource for the benefit of the public.

(2) FEDERALLY DESIGNATED AREA.—The term ‘‘federally designated area’’ means land in Alaska and the eleven contiguous

Western States (as defined in section 103(o) of the Federal

Land Policy and Management Act of 1976 (43 U.S.C. 1702(o)))

that on the date of enactment of this Act was within the

boundary of—

(A) a national monument, area of critical environmental concern, national conservation area, national

riparian conservation area, national recreation area,

national scenic area, research natural area, national outstanding natural area, or a national natural landmark

managed by the Bureau of Land Management;

(B) a unit of the National Park System;

(C) a unit of the National Wildlife Refuge System;

(D) an area of the National Forest System designated

for special management by an Act of Congress; or

(E) an area within which the Secretary or the Secretary

of Agriculture is otherwise authorized by law to acquire

lands or interests therein that is designated as—

(i) wilderness under the Wilderness Act (16 U.S.C.

1131 et seq.);

(ii) a wilderness study area;

43 USC 2302.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 615

(iii) a component of the Wild and Scenic Rivers

System under the Wild and Scenic Rivers Act (16

U.S.C. 1271 et seq.); or

(iv) a component of the National Trails System

under the National Trails System Act (16 U.S.C. 1241

et seq.).

(3) INHOLDING.—The term ‘‘inholding’’ means any right,

title, or interest, held by a non-Federal entity, in or to a

tract of land that lies within the boundary of a federally designated area.

(4) PUBLIC LAND.—The term ‘‘public land’’ means public

lands (as defined in section 103 of the Federal Land Policy

and Management Act of 1976 (43 U.S.C. 1702)).

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 204. IDENTIFICATION OF INHOLDINGS.

(a) IN GENERAL.—The Secretary and the Secretary of Agriculture shall establish a procedure to—

(1) identify, by State, inholdings for which the landowner

has indicated a desire to sell the land or interest therein

to the United States; and

(2) prioritize the acquisition of inholdings in accordance

with section 206(c)(3).

(b) PUBLIC NOTICE.—As soon as practicable after the date of

enactment of this title and periodically thereafter, the Secretary

and the Secretary of Agriculture shall provide public notice of

the procedures referred to in subsection (a), including any information necessary for the consideration of an inholding under section

206. Such notice shall include publication in the Federal Register

and by such other means as the Secretary and the Secretary of

Agriculture determine to be appropriate.

(c) IDENTIFICATION.—An inholding—

(1) shall be considered for identification under this section

only if the Secretary or the Secretary of Agriculture receive

notification of a desire to sell from the landowner in response

to public notice given under subsection (b); and

(2) shall be deemed to have been established as of the

later of—

(A) the earlier of—

(i) the date on which the land was withdrawn

from the public domain; or

(ii) the date on which the land was established

or designated for special management; or

(B) the date on which the inholding was acquired by

the current owner.

(d) NO OBLIGATION TO CONVEY OR ACQUIRE.—The identification

of an inholding under this section creates no obligation on the

part of a landowner to convey the inholding or any obligation

on the part of the United States to acquire the inholding.

SEC. 205. DISPOSAL OF PUBLIC LAND.

(a) IN GENERAL.—The Secretary shall establish a program,

using funds made available under section 206, to complete

appraisals and satisfy other legal requirements for the sale or

exchange of public land identified for disposal under approved land

use plans (as in effect on the date of enactment of this Act) under

43 USC 2304.

Federal Register,

publication.

Procedures.

43 USC 2303.

114 STAT. 616 PUBLIC LAW 106–248—JULY 25, 2000

section 202 of the Federal Land Policy and Management Act of

1976 (43 U.S.C. 1712).

(b) SALE OF PUBLIC LAND.—

(1) IN GENERAL.—The sale of public land so identified shall

be conducted in accordance with sections 203 and 209 of the

Federal Land Policy and Management Act of 1976 (43 U.S.C.

1713, 1719).

(2) EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS.—

The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1713(f)) shall apply to this section in cases

in which the Secretary determines it to be necessary.

(c) REPORT IN PUBLIC LAND STATISTICS.—The Secretary shall

provide in the annual publication of Public Land Statistics, a report

of activities under this section.

(d) TERMINATION OF AUTHORITY.—The authority provided under

this section shall terminate 10 years after the date of enactment

of this Act.

SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

(a) DEPOSIT OF PROCEEDS.—Notwithstanding any other law

(except a law that specifically provides for a proportion of the

proceeds to be distributed to any trust funds of any States), the

gross proceeds of the sale or exchange of public land under this

Act shall be deposited in a separate account in the Treasury of

the United States to be known as the ‘‘Federal Land Disposal

Account’’.

(b) AVAILABILITY.—Amounts in the Federal Land Disposal

Account shall be available to the Secretary and the Secretary of

Agriculture, without further Act of appropriation, to carry out this

title.

(c) USE OF THE FEDERAL LAND DISPOSAL ACCOUNT.—

(1) IN GENERAL.—Funds in the Federal Land Disposal

Account shall be expended in accordance with this subsection.

(2) FUND ALLOCATION.—

(A) PURCHASE OF LAND.—Except as authorized under

subparagraph (C), funds shall be used to purchase lands

or interests therein that are otherwise authorized by law

to be acquired, and that are—

(i) inholdings; and

(ii) adjacent to federally designated areas and contain exceptional resources.

(B) INHOLDINGS.—Not less than 80 percent of the funds

allocated for the purchase of land within each State shall

be used to acquire inholdings identified under section 204.

(C) ADMINISTRATIVE AND OTHER EXPENSES.—An

amount not to exceed 20 percent of the funds deposited

in the Federal Land Disposal Account may be used by

the Secretary for administrative and other expenses necessary to carry out the land disposal program under section

205.

(D) SAME STATE PURCHASES.—Of the amounts not used

under subparagraph (C), not less than 80 percent shall

be expended within the State in which the funds were

generated. Any remaining funds may be expended in any

other State.

43 USC 2305.

PUBLIC LAW 106–248—JULY 25, 2000 114 STAT. 617

(3) PRIORITY.—The Secretary and the Secretary of Agriculture shall develop a procedure for prioritizing the acquisition

of inholdings and non-Federal lands with exceptional resources

as provided in paragraph (2). Such procedure shall consider—

(A) the date the inholding was established (as provided

in section 204(c));

(B) the extent to which acquisition of the land or

interest therein will facilitate management efficiency; and

(C) such other criteria as the Secretary and the Secretary of Agriculture deem appropriate.

(4) BASIS OF SALE.—Any land acquired under this section

shall be—

(A) from a willing seller;

(B) contingent on the conveyance of title acceptable

to the Secretary, or the Secretary of Agriculture in the

case of an acquisition of National Forest System land,

using title standards of the Attorney General;

(C) at a price not to exceed fair market value consistent

with applicable provisions of the Uniform Appraisal Standards for Federal Land Acquisitions; and

(D) managed as part of the unit within which it is

contained.

(d) CONTAMINATED SITES AND SITES DIFFICULT AND UNECONOMIC TO MANAGE.—Funds in the Federal Land Disposal Account

shall not be used to purchase land or an interest in land that,

as determined by the Secretary or the Secretary of Agriculture—

(1) contains a hazardous substance or is otherwise contaminated; or

(2) because of the location or other characteristics of the

land, would be difficult or uneconomic to manage as Federal

land.

(e) LAND AND WATER CONSERVATION FUND ACT.—Funds made

available under this section shall be supplemental to any funds

appropriated under the Land and Water Conservation Fund Act

(16 U.S.C. 460l–4 et seq.).

(f) TERMINATION.—On termination of activities under section

205—

(1) the Federal Land Disposal Account shall be terminated;

and

(2) any remaining balance in the account shall become

available for appropriation under section 3 of the Land and

Water Conservation Fund Act (16 U.S.C. 460l–6).

SEC. 207. SPECIAL PROVISIONS.

(a) IN GENERAL.—Nothing in this title provides an exemption

from any limitation on the acquisition of land or interest in land

under any Federal law in effect on the date of enactment of this

Act.

(b) OTHER LAW.—This title shall not apply to land eligible

for sale under—

(1) Public Law 96–568 (commonly known as the ‘‘SantiniBurton Act’’) (94 Stat. 3381); or

(2) the Southern Nevada Public Land Management Act

of 1998 (112 Stat. 2343).

(c) EXCHANGES.—Nothing in this title precludes, preempts, or

limits the authority to exchange land under authorities providing

for the exchange of Federal lands, including but not limited to—

43 USC 2306.

Procedures.

114 STAT. 618 PUBLIC LAW 106–248—JULY 25, 2000

LEGISLATIVE HISTORY—S. 1892:

HOUSE REPORTS: No. 106–724 (Comm. on Resources).

SENATE REPORTS: No. 106–267 (Comm on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Apr. 13, considered and passed Senate.

July 11, 12, considered and passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

July 25, Presidential statement.

Æ

(1) the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.); or

(2) the Federal Land Exchange Facilitation Act of 1988

(102 Stat. 1086) or the amendments made by that Act.

(d) NO NEW RIGHT OR BENEFIT.—Nothing in this Act creates

a right or benefit, substantive or procedural, enforceable at law

or in equity by a party against the United States, its agencies,

its officers, or any other person.

Approved July 25, 2000.