39–010

Calendar No. 21

109TH CONGRESS REPORT " SENATE ! 1st Session 109–10

VALLES CALDERA PRESERVATION ACT OF 2005

FEBRUARY 23, 2005.—Ordered to be printed

Filed, under authority of the order of the Senate of February 17, 2005

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 212]

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 212) to amend the Vlles Caldera Preservation 

Act to improve the preservation of the Valles Caldera, and for other 

purposes, having considered the same, reports favorably thereon 

without amendment and recommends that the bill do pass. 

PURPOSE OF THE MEASURE

The purpose of S. 212 is to amend the Valles Caldera Preservation Act to improve the preservation of the Valles Caldera, and for 

other purposes. 

BACKGROUND AND NEED

The Valles Caldera National Preserve (Preserve) is a 94,000-acre 

parcel of land in northern New Mexico that was acquired by the 

Federal Government and is managed by a special trust. The Valles 

Caldera Preservation Act directed the Secretary of Agriculture 

(Secretary) to acquire the Baca Ranch and to manage it as a preserve. Further, the law established the Valles Caldera Trust 

(Trust), a governmental corporation to manage the Preserve. 

Since passage of the Valles Caldera Preservation Act in 2000, the 

Trust has experienced some growing pains. Some of the Federal 

policies on management and personnel do not meet the needs of the 

Trust and some of the policy simply needs to be clarified so the 

Trust and the Forest Service can more effectively address the 

issues faced by the Trust. 

2

S. 212 addresses issues that have arisen to help facilitate and ensure that the Trust can operate in a cost efficient and effective 

manner. 

LEGISLATIVE HISTORY

S. 212 was introduced by Senators Domenici and Bingaman on 

January 31, 2005. A similar bill (S. 1582) was introduced by Senators Domenici and Bingaman in the 108th Congress. The Subcommittee on Public Lands and Forests held a hearing on September 11, 2003 (S. Hrg. 108–196). At its business meeting on 

April 28, 2004, the Committee ordered the bill favorably reported 

with an amendment in the nature of a substitute (S. Rept. 108–

269). The Senate passed S. 1582, as amended, by unanimous consent on September 15, 2004. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on February 9, 2005, by unanimous voice 

vote of a quorum present, recommends that the Senate pass S. 212. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill the ‘‘Valles Caldera Preservation Act of 

2005’’. 

Section 2(a) amends section 104(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v–2(e)) by removing the willing seller limitation from the original law and by directing the Secretary to acquire the minority mineral interests at the Preserve. It requires 

these interests to be acquired with available funds or through a 

declaration of taking if negotiations are unsuccessful by the date 60 

days after enactment of the Act. Further, any difference between 

the estimated just compensation by the Secretary and the amount 

awarded shall be paid from the permanent judgment appropriation 

authorized by section 1304 of title 31, United States Code. 

Subsection (b) amends section 106(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v–4(e)) by clarifying that the Trust shall 

determine the character of, and necessity for, any obligations and 

expenditures of the Trust and the manner in which obligations and 

expenditures shall be incurred and paid. 

Subsection (c) amends section 106(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v–4(g)) to allow the members of the 

Board of Trustees, the executive director and one additional employee of the Trust to solicit donations to the Trust. 

Subsection (d) amends section 106(h)(1) of the Valles Caldera 

Preservation Act (16 U.S.C. 698v–4(h)(1) to allow the Trust to retain monies received from claims, judgments, or settlements arising 

from activities occurring on the Baca Ranch or the Preserve after 

October 27, 1999. 

Section 3 amends section 107(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v–5(e)) to allow the chairman of the Board 

of Trustees to be compensated for each day the chair is engaged in 

the performance of duties for the Board of Trustees. Compensation 

will not exceed 25 percent of the annual rate of pay for level IV 

of the Executive Schedule. 

3

Section 4a amends section 108(c)(3) of the Valles Caldera Preservation Act (16 U.S.C. 698v–6(c)(3)) to clarify that the Trust may 

not dispose of real property, but may dispose of and sell forage, forest products, or marketable renewable resources. 

Subsection (b) amends section 108(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v–6(g)) to direct the Secretary, in consultation with the Trust, to develop a fire preparedness, suppression, and emergency rehabilitation services plan for the Preserve 

that is consistent with the management plan developed by the 

Trust and to provide those services on a non-reimbursable basis. 

The Secretary may also provide presuppression and nonemergency 

rehabilitation and restoration services on a reimbursable basis. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office.

FEBRUARY 15, 2005. 

Hon. PETE V. DOMENICI, 

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 212, the Valles Caldera 

Preservation Act of 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Megan Carroll and 

Deborah Reis. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, 

Director. 

Enclosure. 

S. 212—Valles Caldera Preservation Act of 2005

Summary: S. 212 would amend Public Law 106–248, which established the Valles Caldera Preserve in New Mexico and created 

the Valles Caldera Trust, a government-owned corporation, to manage the preserve. The amendments to the existing law would enable the Secretary of Agriculture to acquire, by condemnation, certain subsurface rights to the preserve’s Baca Ranch area if the Secretary cannot negotiate a voluntary sale with the current owners. 

If condemnation is necessary, the owners would be entitled to just 

compensation as determined by a court. The bill would specify that 

any difference between the Secretary’s estimate of the value of the 

subsurface rights and the amount awarded by the court would be 

paid from the permanent claims and judgments fund. 

Assuming that the Baca Ranch subsurface rights would be acquired by a government declaration of taking (a method of condemnation), CBO estimates that enacting S. 212 would increase direct spending by about $3 million over the 2005–2008 period. Enacting the bill would not affect revenues. 

S. 212 contains no intergovernmental mandates as defined in the 

Unfunded Mandates Reform Act (UMRA) and would have no significant impact on the budgets of State, local, or tribal governments. In the event that the Secretary of Agriculture uses a decVerDate jul 14 2003 22:16 Feb 24, 2005 Jkt 039010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR010.XXX SR010
4

laration of taking to acquire certain mineral interests of the Baca 

Ranch, such an acquisition would constitute a private-sector mandate as defined by UMRA. The cost of the mandate would be the 

fair market value of the mineral interests and expenses incurred 

by the private-sector owners in transferring those interests to the 

Federal Government. Based on information from Government resources, CBO estimates that the direct cost of the mandate would 

fall well below the annual threshold established by UMRA for private-sector mandates ($123 million in 2005, adjusted annually for 

inflation).

Estimated cost to the Federal Government: The estimated budgetary impact of S. 212 is shown in the following table. The costs 

of this legislation falls within budget function 300 (natural resources and environment) and 800 (general government).

By fiscal year, in millions of dollars—

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

CHANGES IN DIRECT SPENDING

Estimated Budget Authority ................. 0 0 0 1 0 0 0 0 0 0 0

Estimated Outlays ................................ 2 0 0 1 0 0 0 0 0 0 0

Basis of Estimate: For this estimate, CBO assumes that S. 212 

will be enacted during fiscal year 2005 and that the federal government will assume ownership of the Baca Ranch subsurface rights 

soon thereafter. Based on information provided by land management agencies regarding the value of mineral rights, the historical 

‘‘premiums’’ paid for property acquired by litigation, and the length 

of time typically required to resolve similar takings proceedings, we 

assume that a court would award a total of $3 million in compensation to the owners of the subsurface rights over the 2005–2008 period. 

As provided by the bill, $2 million of the expected judgment 

award (equal to the government appraisal of the subsurface value) 

would be derived from existing appropriations for land acquisition, 

and $1 million (the estimated excess of the award over the appraised value) would be paid from the permanent claims and judgments account. Because we expect that the $2 million of previously 

appropriated funds would not have been spent in the next several 

years in the absence of the legislation, using that amount to pay 

a portion of the judgment would increase mandatory outlays. We 

expect that the $2 million would be paid to the property owners or 

deposited with the court when the agency takes possession of the 

subsurface rights in 2005. Using the permanent claims and judgments account to pay the difference between the total award and 

the appraised value would increase both budget authority and outlays by $1 million. 

Estimated impact on state, local, and tribal governments: S. 212 

contains no intergovernmental mandates as defined in UMRA and 

would have no significant impact on the budgets of state, local, or 

tribal governments. 

Estimated impact on the private sector: In the event that the 

Secretary of Agriculture uses a declaration of taking to acquire certain mineral interests of the Baca Ranch, such an acquisition 

would constitute a private-sector mandate as defined by UMRA. 

The cost of the mandate would be the fair market value of the minVerDate jul 14 2003 22:16 Feb 24, 2005 Jkt 039010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR010.XXX SR010
5

eral interests and expenses incurred by the private-sector owners 

in transferring those interests to the federal government. Based on 

information from government sources, CBO estimates that the direct cost of the mandate would fall well below the annual threshold 

established by UMRA for private-sector mandates ($123 million in 

2005, adjusted annually for inflation). 

The bill would direct the Secretary of Agriculture to acquire the 

mineral interests without the sellers’ consent should negotiations 

for a sale fail after 60 days. Should those negotiations fail, the Secretary of Agriculture would be required to file a declaration of taking with the court. The declaration of taking would force the owners of the geothermal and mineral interests to give up ownership 

in exchange for a sum equal to the fair market value as determined 

by the court. According to an appraisal done by the Forest Service 

in 2001, the mineral and geothermal interests on the Baca Ranch 

that are privately held have a fair market value of almost $2 million. In December 2001, the Forest Service’s offer for purchase of 

the interests based on this appraisal was rejected. 

Estimate prepared by: Federal Costs: Megan Carroll and Deborah Reis; Impact on State, Local, and Tribal Governments: Marjorie Millier; and Impact on the Private Sector: Selena Caldera. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 212. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 212. 

EXECUTIVE COMMUNICATIONS

The views of the Administration were included in testimony received by the Committee at a hearing on September 11, 2003.

STATEMENT OF MARK REY, UNDER SECRETARY, NATURAL

RESOURCES AND THE ENVIRONMENT, DEPARTMENT OF AGRICULTURE

Mr. Chairman and Members of the Subcommittee: 

* * * * * * * 

S. 1582—Valles Caldera Preservation Act of 2003 

S. 1582, introduced by Senators Domenici and Bingaman, would make modifications to Public Law 106–248, 

the Valles Caldera Preservation Act. The Administration 

would have no objection to S. 1582, if amended, to address 

6

concerns regarding the Federal competitive service, firefighting expenditures and the permanent Judgment Fund. 

The Valles Caldera National Preserve located in central 

New Mexico is a unique landmass, with nationally important scientific, cultural, historic, recreational, ecological, 

wildlife, and fisheries values. In passing the Valles 

Caldera Preservation Act in 2000, Congress recognized 

those values and established the National Preserve as an 

experiment in public land administration that incorporates 

elements of public and private administration so as to promote long-term financial stability consistent with the protection of the natural resources and the sustained yield for 

timber production, and domesticated livestock grazing. 

Under the terms and conditions of the 2000 Act, Secretary 

of Agriculture Ann Veneman authorized the Valles 

Caldera Trust to assume management of the National Preserve in August 2002. The Trust, comprised of 9 members 

appointed by the President, now oversees the management 

of the Preserve. 

S. 1582 would: 

Direct Federal agencies to classify rates of compensation and classification of Trust employees so that 

these employees are not precluded from consideration 

for Federal competitive service based on their current 

employment; 

Allow the Board of Trustees to designate any Trust 

employee to solicit donations (under current law, only 

the Trustees may solicit donations); 

Allow the Board of Trustees to set the compensation 

of the chair, subject to certain limitations; 

Clarify that the prohibition against the disposal of 

real property by the Trust does not include the sale or 

other disposal of forage, forest products or marketable 

renewable resources; 

Allow the Trust, subject to the laws applicable to 

Government corporations, to determine the character 

and necessity for any obligations and expenditures of 

the Trust and the manner in which expenditures and 

obligations shall be incurred, allowed, and paid; 

Authorize the Trust to utilize the permanent judgment appropriation provided under section 1304 of 

title 31, U.S.C., for a claim, judgment, or settlement 

against the Trust; and 

Direct the Secretary to provide, to the extent generally authorized at other units of the National Forest 

System, fire suppression and rehabilitation services 

and wildland fire severity funding for extraordinary 

preparedness. (The Secretary of Agriculture currently 

may provide pre-suppression, suppression and rehabilitation services at the request of the Trust, subject 

to reimbursement.) 

The Administration has several concerns with S. 1582. 

First, it should limit the number of Trust employees that 

may accept gifts in order to minimize the potential for 

fraud, conflicts of interest, or other ethical concerns. 

7

Second, we have been advised that the Department of 

Justice opposes section 2(e) of the bill, regarding the eligibility of the Trust to pay claims, judgments, and settlements from the permanent judgment appropriation at 31 

U.S.C. Sec. 1304 (the ‘‘Judgment Fund’’). In general, government corporations like the Trust should pay judgments 

and settlements out of their own funds. Because the Trust 

is an autonomous corporation with its own funds and an 

entity whose liabilities are properly charged to corporate 

funds, it is appropriate for the Trust to continue to satisfy 

judgments and settlements against it out of Trust funds. 

Third, OPM advises that Section 2(a) of the bill would 

extend to excepted service employees of the Trust a preferential opportunity to apply for competitive service positions elsewhere that are not open to Federal employees 

generally, thereby creating an inequity between Trust employees and excepted service employees throughout Government who have no such opportunity. 

Fourth, complex or large fires can require the expenditure of extensive fire fighting and emergency stabilization 

and rehabilitation resources. However, the bill provides no 

limitation, by time or amount, to the funds that could be 

provided to the Trust under these proposed authorities. 

The original act provides an expectation that the Trust 

should work toward the goal of financial sustainability. We 

assume S. 1582 continues that expectation with regard to 

fire suppression. The measure could be improved with the 

inclusion of language to establish limits of duration and 

funding for expenditures associated with firefighting together with appropriate levels of reimbursement.

In addition, the intent of Sec. 4(b)(2) for the Secretary to 

provide ‘‘rehabilitation’’ needs to be clarified as to whether 

the intent is for the Secretary to provide emergency stabilization or rehabilitation. These are two different programs. Emergency stabilization funds come from the 

wildland fire emergency operations account and are meant 

to protect persons, property and resources immediately 

after a large and damaging wildfire. Rehabilitation activities are longer term and are conducted through other ongoing management activities funded under different program 

appropriations. We believe that the bill should focus solely 

upon emergency stabilization activities on the Preserve, 

subject to the same time and amount limitations discussed 

earlier related to firefighting. 

In addition, section 4(b)(2) would delete the current authority for the Secretary to provide the Trust presuppression activities subject to reimbursement. We believe it is 

appropriate for presuppression and rehabilitation activities 

to be provided by the Forest Service, under a cooperative 

agreement, with reimbursement by the Trust. 

This concludes my statement. I would be pleased to answer any questions that you may have.

8

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, S. 

212, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed in 

shown in roman): 

VALLES CALDERA NATIONAL PRESERVE AND TRUST

Public Law 106–248 (16 U.S.C. 698V Et Seq.) 

TITLE I—VALLES CALDERA NATIONAL 

PRESERVE AND TRUST 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Valles Caldera Preservation Act’’. 

* * * * * * * 

SEC. 104. ACQUISITION OF LANDS. 

* * * * * * * 

(e) OUTSTANDING MINERAL INTERESTS.—øThe acquisition¿

(1) IN GENERAL.—The acquisition of the Baca Ranch by the 

Secretary shall be subject to all outstanding valid existing mineral interests. øThe Secretary¿

(2) ACQUISITION.—The Secretary is authorized and directed 

to negotiate with the owners of any fractional interest in the 

subsurface estate for the acquisition of such fractional interest 

øon 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. 

øAny such¿

(3) ADMINISTRATION.—Any such interests acquired within the 

boundaries of the Upper Alamo watershed, as referred to in 

subsection (b), shall be administered by the Secretary of the 

Interior as part of Bandelier National Monument.

(4) AVAILABLE FUNDS.—Any such interests shall be acquired 

with available funds. 

(5) DECLARATION OF TAKING.— (A) IN GENERAL.—If negotiations to acquire the interests 

are unsuccessful by the date that is 60 days after the date 

of enactment of this paragraph, the Secretary shall acquire 

the interests pursuant to section 3114 of title 40, United 

States Code. 

(B) SOURCE OF FUNDS.—Any difference between the sum 

of money estimated to be just compensation by the Secretary and the amount awarded shall be paid from the permanent judgment appropriation under section 1304 of title 

31, United States Code. 

* * * * * * *

SEC. 106. THE VALLES CALDERA TRUST. 

* * * * * * * 

(e) GOVERNMENT CORPORATION.—

9

(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.

(4) OBLIGATIONS AND EXPENDITURES.—Subject to the laws applicable to Government corporations, the Trust shall determine—

(A) the character of, and the necessity for, any obligations 

and expenditures of the Trust; and 

(B) the manner in which obligations and expenditures 

shall be incurred, allowed, and paid.

(f) TAXES.—The Trust and all properties administered by the 

Trust shall be exempt from all taxes and special assessments of 

every kind by the State of New Mexico, and its political subdivisions including the counties of Sandoval and Rio Arriba. 

(g) DONATIONS.—øThe Trust may solicit¿ The members of the 

Board of Trustees, the executive director, and 1 additional employee 

of the Trust in an executive position designated by the Board of 

Trustees or the executive director may solicit and accept donations 

of funds, property, supplies, or services from individuals, foundations, corporations, and other private or public entities for the purposes of carrying out its duties. The Secretary, prior to assumption 

of management of the Preserve by the Trust, and the Trust thereafter, may accept donations from such entities notwithstanding 

that such donors may conduct business with the Department of Agriculture or any other department or agency of the United States. 

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

title 31 of the United States Code, all monies received from donations under øsubsection (g)¿ subsection (g), from claims, 

judgments, or settlements arising from activities occurring on 

the Baca Ranch or the Preserve after October 27, 1999, or from 

the management of the Preserve shall be retained and shall be 

10

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. 

* * * * * * * 

SEC. 107. BOARD OF TRUSTEES. 

* * * * * * * 

(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.—øTrustees¿ Except as provided in paragraph (3), Trustees shall serve without pay, but 

may be reimbursed from the funds of the Trust for the actual 

and necessary travel and subsistence expenses incurred by 

them in the performance of their duties. 

(3) CHAIR.—øTrustees¿

(A) SELECTION.—Trustees shall select a chair from the 

membership of the Board.

(B) COMPENSATION.—On request of the chair, the chair 

may be compensated at a rate determined by the Board of 

Trustees, but not to exceed the daily equivalent of the annual rate of pay for level IV of the Executive Schedule 

under section 5315 of title 5, United States Code, for each 

day (including travel time) in which the chair is engaged 

in the performance of duties of the Board of Trustees. 

(C) MAXIMUM RATE OF PAY.—The total amount of compensation paid to the chair for a fiscal year under subparagraph (B) shall not exceed 25 percent of the annual rate of 

pay for level IV of the Executive Schedule under section 

5315 of title 5, United States Code. 

* * * * * * *

SEC. 108. RESOURCE MANAGEMENT. 

* * * * * * * 

(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 governVerDate jul 14 2003 22:16 Feb 24, 2005 Jkt 039010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR010.XXX SR010
11

ments, 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.—øThe Trust may not dispose¿

(A) IN GENERAL.—The Trust may not dispose of any real 

property in, or convey any water rights appurtenant to the 

Preserve. øThe Trust¿

(B) MAXIMUM DURATION.—The Trust may not convey any 

easement, or enter into any contract, lease, or other agreement related to use and occupancy of property within the 

Preserve for a period greater than 10 years. øAny such¿

(C) TERMINATION.—The easement, contract, lease, or 

other agreement shall provide that, upon termination of 

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

terminated. 

(D) EXCLUSIONS.—For the purposes of this paragraph, 

the disposal of real property does not include the sale or 

other disposal of forage, forest products, or marketable renewable resources.

* * * * * * * 

(g) LAW ENFORCEMENT AND FIRE MANAGEMENT.—øThe Secretary¿

(1) LAW ENFORCEMENT.—

(A) IN GENERAL.—The Secretary shall provide law enforcement services under a cooperative agreement with the 

Trust to the extent generally authorized in other units of 

the National Forest System. øThe Trust¿

(B) FEDERAL AGENCY.—The Trust shall be deemed a Federal agency for purposes of the law enforcement authorities of the Secretary (within the meaning of section 15008 

of the National Forest System Drug Control Act of 1986 

(16 U.S.C. 559g)). øAt 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.¿

(2) FIRE MANAGEMENT.—

(A) NON-REIMBURSABLE SERVICES.—

(i) DEVELOPMENT OF PLAN.—The Secretary shall, in 

consultation with the Trust, develop a plan to carry out 

fire preparedness, suppression, and emergency rehabilitation services on the Preserve. 

(ii) CONSISTENCY WITH MANAGEMENT PROGRAM.—The 

plan shall be consistent with the management program 

developed pursuant to subsection (d). 

12

(iii) COOPERATIVE AGREEMENT.—To the extent generally authorized at other units of the National Forest 

System, the Secretary shall provide the services to be 

carried out pursuant to the plan under a cooperative 

agreement entered into between the Secretary and the 

Trust. 

(B) REIMBURSABLE SERVICES.—To the extent generally 

authorized at other units of the National Forest System, the 

Secretary may provide presuppression and nonemergency 

rehabilitation and restoration services for the Trust at any 

time on a reimbursable basis.

Æ