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[106th Congress Public Law 248]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ248.106]

[[Page 597]]

               VALLES CALDERA NATIONAL PRESERVE AND TRUST

[[Page 114 STAT. 598]]

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. <<NOTE: July 25, 
                          2000 -  [S. 1892]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

      TITLE I--VALLES <<NOTE: Valles Caldera Preservation Act. New 
Mexico>> CALDERA NATIONAL PRESERVE AND TRUST

SEC. 101. SHORT TITLE. <<NOTE: 16 USC 698v note.>> 

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

SEC. 102. FINDINGS AND PURPOSES. <<NOTE: 16 USC 698v.>> 

    (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;

[[Page 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. <<NOTE: 16 USC 698v-1.>> 

    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

[[Page 114 STAT. 600]]

        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. <<NOTE: 16 USC 698v-2.>> 

    (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 <<NOTE: Government organization.>> 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

[[Page 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 <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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

[[Page 114 STAT. 602]]

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. <<NOTE: 16 USC 698v-
            3.>> 

    (a) <<NOTE: Effective date.>> 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

[[Page 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. <<NOTE: 16 USC 698v-4.>> 

    (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.

[[Page 114 STAT. 604]]

    (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 <<NOTE: Deadline.>> 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.

[[Page 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.

[[Page 114 STAT. 606]]

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. <<NOTE: 16 USC 698v-5.>> 

    (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, <<NOTE: 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 <<NOTE: President. Deadline.>> 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.

[[Page 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 <<NOTE: Procedures.>> 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. <<NOTE: 16 USC 698v-6.>> 

    (a) Assumption of Management <<NOTE: Deadline.>> .--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;

[[Page 114 STAT. 608]]

            (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 <<NOTE: Deadline.>> 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--

[[Page 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, <<NOTE: Public 
        safety.>> 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, <<NOTE: Public notice.>> 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.).

[[Page 114 STAT. 610]]

            (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. <<NOTE: 16 USC 698v-7.>> 

    (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

[[Page 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. <<NOTE: 16 USC 698v-8.>> 

    (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),

[[Page 114 STAT. 612]]

                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 <<NOTE: Deadline.>> 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. <<NOTE: 16 USC 698v-9.>> 

    (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 <<NOTE: Deadline.>> 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. <<NOTE: Deadline. Reports. 16 
            USC 698v-10. Deadline.>> 

    (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 <<NOTE: Reports.>> 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

[[Page 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 <<NOTE: Federal Land Transaction Facilitation Act.>> II--FEDERAL 
LAND TRANSACTION FACILITATION

SEC. 201. SHORT TITLE. <<NOTE: 43 USC 2301 note.>> 

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

SEC. 202. FINDINGS. <<NOTE: 43 USC 2301.>> 

    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;

[[Page 114 STAT. 614]]

            (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. <<NOTE: 43 USC 2302.>> 

    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;

[[Page 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. <<NOTE: 43 USC 2303.>> 

    (a) In <<NOTE: Procedures.>> 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. <<NOTE: Federal Register, publication.>> 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. <<NOTE: 43 USC 2304.>> 

    (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

[[Page 114 STAT. 616]]

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. <<NOTE: 43 USC 2305.>> 

    (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.

[[Page 114 STAT. 617]]

            (3) Priority.--The <<NOTE: Procedures.>> 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. <<NOTE: 43 USC 2306.>> 

    (a) In General.--Nothing in this title provides an exemption from 
any limitation on the acquisition of land or interest in land under any 
Federal law in effect on the date of enactment of this Act.
    (b) Other Law.--This title shall not apply to land eligible for sale 
under--
            (1) Public Law 96-568 (commonly known as the ``Santini-
        Burton Act'') (94 Stat. 3381); or
            (2) the Southern Nevada Public Land Management Act of 1998 
        (112 Stat. 2343).

    (c) Exchanges.--Nothing in this title precludes, preempts, or limits 
the authority to exchange land under authorities providing for the 
exchange of Federal lands, including but not limited to--

[[Page 114 STAT. 618]]

            (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.

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.

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