II 

109TH CONGRESS 

1ST SESSION S. 212 

To amend the Valles Caldera Preservation Act to improve the preservation 

of the Valles Caldera, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2005 

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL

To amend the Valles Caldera Preservation Act to improve 

the preservation of the Valles Caldera, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Valles Caldera Preser5 vation Act of 2005’’. 
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1 SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESER2 VATION ACT. 

3 (a) ACQUISITION OF OUTSTANDING MINERAL INTER4 ESTS.—Section 104(e) of the Valles Caldera Preservation 

5 Act (16 U.S.C. 698v–2(e)) is amended— 

6 (1) by striking ‘‘The acquisition’’ and inserting 

7 the following: 

8 ‘‘(1) IN GENERAL.—The acquisition’’; 

9 (2) by striking ‘‘The Secretary’’ and inserting 

10 the following: 

11 ‘‘(2) ACQUISITION.—The Secretary’’; 

12 (3) by striking ‘‘on a willing seller basis’’; 

13 (4) by striking ‘‘Any such’’ and inserting the 

14 following: 

15 ‘‘(3) ADMINISTRATION.—Any such’’; and 

16 (5) by adding at the end the following: 

17 ‘‘(4) AVAILABLE FUNDS.—Any such interests 

18 shall be acquired with available funds. 

19 ‘‘(5) DECLARATION OF TAKING.— 

20 ‘‘(A) IN GENERAL.—If negotiations to ac21 quire the interests are unsuccessful by the date 

22 that is 60 days after the date of enactment of 

23 this paragraph, the Secretary shall acquire the 

24 interests pursuant to section 3114 of title 40, 

25 United States Code. 
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1 ‘‘(B) SOURCE OF FUNDS.—Any difference 

2 between the sum of money estimated to be just 

3 compensation by the Secretary and the amount 

4 awarded shall be paid from the permanent 

5 judgment appropriation under section 1304 of 

6 title 31, United States Code.’’. 

7 (b) OBLIGATIONS AND EXPENDITURES.—Section 

8 106(e) of the Valles Caldera Preservation Act (16 U.S.C. 

9 698v–4(e)) is amended by adding at the end the following: 

10 ‘‘(4) OBLIGATIONS AND EXPENDITURES.—Sub11 ject to the laws applicable to Government corpora12 tions, the Trust shall determine— 

13 ‘‘(A) the character of, and the necessity 

14 for, any obligations and expenditures of the 

15 Trust; and 

16 ‘‘(B) the manner in which obligations and 

17 expenditures shall be incurred, allowed, and 

18 paid.’’. 

19 (c) SOLICITATION OF DONATIONS.—Section 106(g) 

20 of the Valles Caldera Preservation Act (16 U.S.C. 698v–

21 4(g)) is amended by striking ‘‘The Trust may solicit’’ and 

22 inserting ‘‘The members of the Board of Trustees, the ex23 ecutive director, and 1 additional employee of the Trust 

24 in an executive position designated by the Board of Trust25 ees or the executive director may solicit’’. 
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1 (d) USE OF PROCEEDS.—Section 106(h)(1) of the 

2 Valles Caldera Preservation Act (16 U.S.C. 698v–4(h)(1)) 

3 is amended by striking ‘‘subsection (g)’’ and inserting 

4 ‘‘subsection (g), from claims, judgments, or settlements 

5 arising from activities occurring on the Baca Ranch or the 

6 Preserve after October 27, 1999,’’. 

7 SEC. 3. BOARD OF TRUSTEES. 

8 Section 107(e) of the Valles Caldera Preservation Act 

9 (U.S.C. 698v–5(e)) is amended— 

10 (1) in paragraph (2), by striking ‘‘Trustees’’ 

11 and inserting ‘‘Except as provided in paragraph (3), 

12 trustees’’; and 

13 (2) in paragraph (3)— 

14 (A) by striking ‘‘Trustees’’ and inserting 

15 the following: 

16 ‘‘(A) SELECTION.—Trustees’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(B) COMPENSATION.—On request of the 

19 chair, the chair may be compensated at a rate 

20 determined by the Board of Trustees, but not 

21 to exceed the daily equivalent of the annual rate 

22 of pay for level IV of the Executive Schedule 

23 under section 5315 of title 5, United States 

24 Code, for each day (including travel time) in 
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1 which the chair is engaged in the performance 

2 of duties of the Board of Trustees. 

3 ‘‘(C) MAXIMUM RATE OF PAY.—The total 

4 amount of compensation paid to the chair for a 

5 fiscal year under subparagraph (B) shall not 

6 exceed 25 percent of the annual rate of pay for 

7 level IV of the Executive Schedule under section 

8 5315 of title 5, United States Code.’’. 

9 SEC. 4. RESOURCE MANAGEMENT. 

10 (a) PROPERTY DISPOSAL LIMITATIONS.—Section 

11 108(c)(3) of the Valles Caldera Preservation Act (16 

12 U.S.C. 698v–6(c)(3)) is amended— 

13 (1) in the first sentence, by striking ‘‘The Trust 

14 may not dispose’’ and inserting the following: 

15 ‘‘(A) IN GENERAL.—The Trust may not 

16 dispose’’; 

17 (2) in the second sentence, by striking ‘‘The 

18 Trust’’ and inserting the following: 

19 ‘‘(B) MAXIMUM DURATION.—The Trust’’; 

20 (3) in the last sentence, by striking ‘‘Any such’’ 

21 and inserting the following: 

22 ‘‘(C) TERMINATION.—The’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(D) EXCLUSIONS.—For the purposes of 

25 this paragraph, the disposal of real property 
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1 does not include the sale or other disposal of 

2 forage, forest products, or marketable renew3 able resources.’’. 

4 (b) LAW ENFORCEMENT AND FIRE MANAGEMENT.—

5 Section 108(g) of the Valles Caldera Preservation Act (16 

6 U.S.C. 698v–6(g)) is amended— 

7 (1) in the first sentence, by striking ‘‘The Sec8 retary’’ and inserting the following: 

9 ‘‘(1) LAW ENFORCEMENT.— 

10 ‘‘(A) IN GENERAL.—The Secretary’’; 

11 (2) in the second sentence, by striking ‘‘The 

12 Trust’’ and inserting the following: 

13 ‘‘(B) FEDERAL AGENCY.—The Trust’’; and 

14 (3) by striking ‘‘At the request of the Trust’’ 

15 and all that follows through the end of the para16 graph and inserting the following: 

17 ‘‘(2) FIRE MANAGEMENT.— 

18 ‘‘(A) NON-REIMBURSABLE SERVICES.— 

19 ‘‘(i) DEVELOPMENT OF PLAN.—The 

20 Secretary shall, in consultation with the 

21 Trust, develop a plan to carry out fire pre22 paredness, suppression, and emergency re23 habilitation services on the Preserve. 

24 ‘‘(ii) CONSISTENCY WITH MANAGE25 MENT PROGRAM.—The plan shall be con-
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1 sistent with the management program de2 veloped pursuant to subsection (d). 

3 ‘‘(iii) COOPERATIVE AGREEMENT.—To 

4 the extent generally authorized at other 

5 units of the National Forest System, the 

6 Secretary shall provide the services to be 

7 carried out pursuant to the plan under a 

8 cooperative agreement entered into be9 tween the Secretary and the Trust. 

10 ‘‘(B) REIMBURSABLE SERVICES.—To the 

11 extent generally authorized at other units of the 

12 National Forest System, the Secretary may pro13 vide presuppression and nonemergency rehabili14 tation and restoration services for the Trust at 

15 any time on a reimbursable basis.’’.

Æ