S. 212

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

An Act

To amend the Valles Caldera Preservation Act to improve the preservation of

the Valles Caldera, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Valles Caldera Preservation

Act of 2005’’.

SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

(a) ACQUISITION OF OUTSTANDING MINERAL INTERESTS.—Section

104(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v–

2(e)) is amended—

(1) by striking ‘‘The acquisition’’ and inserting the following:

‘‘(1) IN GENERAL.—The acquisition’’;

(2) by striking ‘‘The Secretary’’ and inserting the following:

‘‘(2) ACQUISITION.—The Secretary’’;

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

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

‘‘(3) ADMINISTRATION.—Any such’’; and

(5) by adding at the end the following:

‘‘(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.’’.

(b) OBLIGATIONS AND EXPENDITURES.—Section 106(e) of the

Valles Caldera Preservation Act (16 U.S.C. 698v–4(e)) is amended

by adding at the end the following:

‘‘(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.’’.
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(c) SOLICITATION OF DONATIONS.—Section 106(g) of the Valles

Caldera Preservation Act (16 U.S.C. 698v–4(g)) is amended by

striking ‘‘The Trust may solicit’’ and inserting ‘‘The members of

the Board of Trustees, the executive director, and one additional

employee of the Trust in an executive position designated by the

Board of Trustees or the executive director may solicit’’. (d) USE OF PROCEEDS.—Section 106(h)(1) of the Valles Caldera

Preservation Act (16 U.S.C. 698v–4(h)(1)) is amended by striking ‘‘subsection (g)’’ and inserting ‘‘subsection (g), from claims, judgments, or settlements arising from activities occurring on the Baca

Ranch or the Preserve after October 27, 1999,’’.

SEC. 3. BOARD OF TRUSTEES.

Section 107(e) of the Valles Caldera Preservation Act (U.S.C.

698v–5(e)) is amended— (1) in paragraph (2), by striking ‘‘Trustees’’ and inserting ‘‘Except as provided in paragraph (3), trustees’’; and

(2) in paragraph (3)— (A) by striking ‘‘Trustees’’ and inserting the following: ‘‘(A) SELECTION.—Trustees’’; and

(B) by adding at the end the following:

‘‘(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. 4. RESOURCE MANAGEMENT.

(a) PROPERTY DISPOSAL LIMITATIONS.—Section 108(c)(3) of the

Valles Caldera Preservation Act (16 U.S.C. 698v–6(c)(3)) is

amended—

(1) in the first sentence, by striking ‘‘The Trust may not

dispose’’ and inserting the following:

‘‘(A) IN GENERAL.—The Trust may not dispose’’;

(2) in the second sentence, by striking ‘‘The Trust’’ and

inserting the following: ‘‘(B) MAXIMUM DURATION.—The Trust’’;

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

inserting the following: ‘‘(C) TERMINATION.—The’’; and

(4) by adding at the end the following: ‘‘(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.’’.

(b) LAW ENFORCEMENT AND FIRE MANAGEMENT.—Section 108(g)

of the Valles Caldera Preservation Act (16 U.S.C. 698v–6(g)) is

amended—

(1) in the first sentence, by striking ‘‘The Secretary’’ and

inserting the following:

‘‘(1) LAW ENFORCEMENT.—
S. 212—3

‘‘(A) IN GENERAL.—The Secretary’’;

(2) in the second sentence, by striking ‘‘The Trust’’ and

inserting the following:

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

(3) by striking ‘‘At the request of the Trust’’ and all that

follows through the end of the paragraph and inserting the

following:

‘‘(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).

‘‘(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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.