II 

112TH CONGRESS 

1ST SESSION S. 564 

To designate the Valles Caldera National Preserve as a unit of the National 

Park System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2011 

Mr. BINGAMAN (for himself and Mr. UDALL of New Mexico) introduced the 

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

A BILL 

To designate the Valles Caldera National Preserve as a unit 

of the National Park System, 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 Na5 tional Preserve Management Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ELIGIBLE EMPLOYEE.—The term ‘‘eligible 

9 employee’’ means a person who was a full-time or 

10 part-time employee of the Trust during the 180-day 


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1 period immediately preceding the date of enactment 

2 of this Act. 

3 (2) FUND.—The term ‘‘Fund’’ means the 

4 Valles Caldera Fund established by section 

5 106(h)(2) of the Valles Caldera Preservation Act (16 

6 U.S.C. 698v–4(h)(2)). 

7 (3) PRESERVE.—The term ‘‘Preserve’’ means 

8 the Valles Caldera National Preserve in the State. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (5) STATE.—The term ‘‘State’’ means the State 

12 of New Mexico. 

13 (6) TRUST.—The term ‘‘Trust’’ means the 

14 Valles Caldera Trust established by section 106(a) 

15 of the Valles Caldera Preservation Act (16 U.S.C. 

16 698v–4(a)). 

17 SEC. 3. VALLES CALDERA NATIONAL PRESERVE. 

18 (a) DESIGNATION AS UNIT OF THE NATIONAL PARK

19 SYSTEM.—To protect, preserve, and restore the fish, wild20 life, watershed, natural, scientific, scenic, geologic, his21 toric, cultural, archaeological, and recreational values of 

22 the area, the Valles Caldera National Preserve is des23 ignated as a unit of the National Park System. 

24 (b) MANAGEMENT.— 


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1 (1) APPLICABLE LAW.—The Secretary shall ad2 minister the Preserve in accordance with— 

3 (A) this Act; and 

4 (B) the laws generally applicable to units 

5 of the National Park System, including— 

6 (i) the National Park Service Organic 

7 Act (16 U.S.C. 1 et seq.); and 

8 (ii) the Act of August 21, 1935 (16 

9 U.S.C. 461 et seq.). 

10 (2) MANAGEMENT COORDINATION.—The Sec11 retary may coordinate the management and oper12 ations of the Preserve with the Bandelier National 

13 Monument. 

14 (3) MANAGEMENT PLAN.— 

15 (A) IN GENERAL.—Not later than 3 fiscal 

16 years after the date on which funds are made 

17 available to implement this subsection, the Sec18 retary shall prepare a management plan for the 

19 Preserve. 

20 (B) APPLICABLE LAW.—The management 

21 plan shall be prepared in accordance with— 

22 (i) section 12(b) of Public Law 91– 

23 383 (commonly known as the ‘‘National 

24 Park Service General Authorities Act’’) 

25 (16 U.S.C. 1a–7(b)); and 


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1 (ii) any other applicable laws. 

2 (C) CONSULTATION.—The management 

3 plan shall be prepared in consultation with— 

4 (i) the Secretary of Agriculture; 

5 (ii) State and local governments; 

6 (iii) Indian tribes and pueblos, includ7 ing the Pueblos of Jemez, Santa Clara, 

8 and San Ildefonso; and 

9 (iv) the public. 

10 (c) ACQUISITION OF LAND.— 

11 (1) IN GENERAL.—The Secretary may acquire 

12 land and interests in land within the boundaries of 

13 the Preserve by— 

14 (A) purchase with donated or appropriated 

15 funds; 

16 (B) donation; or 

17 (C) transfer from another Federal agency. 

18 (2) ADMINISTRATION OF ACQUIRED LAND.—On 

19 acquisition of any land or interests in land under 

20 paragraph (1), the acquired land or interests in land 

21 shall be administered as part of the Preserve. 

22 (d) SCIENCE AND EDUCATION PROGRAM.— 

23 (1) IN GENERAL.—The Secretary shall— 

24 (A) until the date on which a management 

25 plan is completed in accordance with subsection 


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1 (b)(3), carry out the science and education pro2 gram for the Preserve established by the Trust; 

3 and 

4 (B) beginning on the date on which a man5 agement plan is completed in accordance with 

6 subsection (b)(3), establish a science and edu7 cation program for the Preserve that— 

8 (i) allows for research and interpreta9 tion of the natural, historic, cultural, geo10 logic and other scientific features of the 

11 Preserve; 

12 (ii) provides for improved methods of 

13 ecological restoration and science-based 

14 adaptive management of the Preserve; and 

15 (iii) promotes outdoor educational ex16 periences in the Preserve. 

17 (2) SCIENCE AND EDUCATION CENTER.—As 

18 part of the program established under paragraph 

19 (1)(B), the Secretary may establish a science and 

20 education center outside the boundaries of the Pre21 serve. 

22 (e) GRAZING.—The Secretary may allow the grazing 

23 of livestock within the Preserve to continue— 

24 (1) consistent with this Act; and 


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1 (2) to the extent the use furthers scientific re2 search or interpretation of the ranching history of 

3 the Preserve. 

4 (f) FISH AND WILDLIFE.—Nothing in this Act af5 fects the responsibilities of the State with respect to fish 

6 and wildlife in the State, except that the Secretary, in con7 sultation with the New Mexico Department of Game and 

8 Fish— 

9 (1) shall permit hunting and fishing on land 

10 and water within the Preserve in accordance with 

11 applicable Federal and State laws; and 

12 (2) may designate zones in which, and establish 

13 periods during which, no hunting or fishing shall be 

14 permitted for reasons of public safety, administra15 tion, the protection of wildlife and wildlife habitats, 

16 or public use and enjoyment. 

17 (g) ECOLOGICAL RESTORATION.— 

18 (1) IN GENERAL.—The Secretary shall under19 take activities to improve the health of forest, grass20 land, and riparian areas within the Preserve, includ21 ing any activities carried out in accordance with title 

22 IV of the Omnibus Public Land Management Act of 

23 2009 (16 U.S.C. 7301 et seq.). 

24 (2) COOPERATIVE AGREEMENTS.—The Sec25 retary may enter into cooperative agreements with 


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1 adjacent pueblos to coordinate activities carried out 

2 under paragraph (1) on the Preserve and adjacent 

3 pueblo land. 

4 (h) WITHDRAWAL.—Subject to valid existing rights, 

5 all land and interests in land within the boundaries of the 

6 Preserve are withdrawn from— 

7 (1) entry, disposal, or appropriation under the 

8 public land laws; 

9 (2) location, entry, and patent under the mining 

10 laws; and 

11 (3) operation of the mineral leasing laws, geo12 thermal leasing laws, and mineral materials laws. 

13 (i) VOLCANIC DOMES AND OTHER PEAKS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (3), for the purposes of preserving the nat16 ural, cultural, religious, archaeological, and historic 

17 resources of the volcanic domes and other peaks in 

18 the Preserve described in paragraph (2) within the 

19 area of the domes and peaks above 9,600 feet in ele20 vation or 250 feet below the top of the dome, which21 ever is lower— 

22 (A) no roads or buildings shall be con23 structed; and 

24 (B) no motorized access shall be allowed. 


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1 (2) DESCRIPTION OF VOLCANIC DOMES.—The 

2 volcanic domes and other peaks referred to in para3 graph (1) are— 

4 (A) Redondo Peak; 

5 (B) Redondito; 

6 (C) South Mountain; 

7 (D) San Antonio Mountain; 

8 (E) Cerro Seco; 

9 (F) Cerro San Luis; 

10 (G) Cerros Santa Rosa; 

11 (H) Cerros del Abrigo; 

12 (I) Cerro del Medio; 

13 (J) Rabbit Mountain; 

14 (K) Cerro Grande; 

15 (L) Cerro Toledo; 

16 (M) Indian Point; 

17 (N) Sierra de los Valles; and 

18 (O) Cerros de los Posos. 

19 (3) EXCEPTION.—Paragraph (1) shall not 

20 apply in cases in which construction or motorized ac21 cess is necessary for administrative purposes (includ22 ing ecological restoration activities or measures re23 quired in emergencies to protect the health and safe24 ty of persons in the area). 


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1 (j) TRADITIONAL CULTURAL AND RELIGIOUS

2 SITES.— 

3 (1) IN GENERAL.—The Secretary, in consulta4 tion with Indian tribes and pueblos, shall ensure the 

5 protection of traditional cultural and religious sites 

6 in the Preserve. 

7 (2) ACCESS.—The Secretary, in accordance 

8 with Public Law 95–341 (commonly known as the 

9 ‘‘American Indian Religious Freedom Act’’) (42 

10 U.S.C. 1996)— 

11 (A) shall provide access to the sites de12 scribed in paragraph (1) by members of Indian 

13 tribes or pueblos for traditional cultural and 

14 customary uses; and 

15 (B) may, on request of an Indian tribe or 

16 pueblo, temporarily close to general public use 

17 1 or more specific areas of the Preserve to pro18 tect traditional cultural and customary uses in 

19 the area by members of the Indian tribe or 

20 pueblo. 

21 (3) PROHIBITION ON MOTORIZED ACCESS.—The 

22 Secretary shall maintain prohibitions on the use of 

23 motorized or mechanized travel on Preserve land lo24 cated adjacent to the Santa Clara Indian ReservaVerDate Mar 15 2010 22:07 Mar 11, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S564.IS S564

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1 tion, to the extent the prohibition was in effect on 

2 the date of enactment of this Act. 

3 (k) CALDERA RIM TRAIL.— 

4 (1) IN GENERAL.—Not later than 3 years after 

5 the date of enactment of this Act, the Secretary, in 

6 consultation with the Secretary of Agriculture, af7 fected Indian tribes and pueblos, and the public, 

8 shall study the feasibility of establishing a hiking 

9 trail along the rim of the Valles Caldera on— 

10 (A) land within the Preserve; and 

11 (B) National Forest System land that is 

12 adjacent to the Preserve. 

13 (2) AGREEMENTS.—On the request of an af14 fected Indian tribe or pueblo, the Secretary and the 

15 Secretary of Agriculture shall seek to enter into an 

16 agreement with the Indian tribe or pueblo with re17 spect to the Caldera Rim Trail that provides for the 

18 protection of— 

19 (A) cultural and religious sites in the vicin20 ity of the trail; and 

21 (B) the privacy of adjacent pueblo land. 

22 (l) VALID EXISTING RIGHTS.—Nothing in this Act 

23 affects valid existing rights. 


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1 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

2 (a) IN GENERAL.—Administrative jurisdiction over 

3 the Preserve is transferred from the Secretary of Agri4 culture and the Trust to the Secretary, to be administered 

5 as a unit of the National Park System, in accordance with 

6 section 3. 

7 (b) EXCLUSION FROM SANTA FE NATIONAL FOR8 EST.—The boundaries of the Santa Fe National Forest 

9 are modified to exclude the Preserve. 

10 (c) INTERIM MANAGEMENT.— 

11 (1) MEMORANDUM OF AGREEMENT.—Not later 

12 than 90 days after the date of enactment of this 

13 Act, the Secretary and the Trust shall enter into a 

14 memorandum of agreement to facilitate the orderly 

15 transfer to the Secretary of the administration of 

16 the Preserve. 

17 (2) EXISTING MANAGEMENT PLANS.—Notwith18 standing the repeal made by section 5(a), until the 

19 date on which the Secretary completes a manage20 ment plan for the Preserve in accordance with sec21 tion 3(b)(3), the Secretary may administer the Pre22 serve in accordance with any management activities 

23 or plans adopted by the Trust under the Valles 

24 Caldera Preservation Act (16 U.S.C. 698v et seq.), 

25 to the extent the activities or plans are consistent 

26 with section 3(b)(1). 


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1 (3) PUBLIC USE.—The Preserve shall remain 

2 open to public use during the interim management 

3 period, subject to such terms and conditions as the 

4 Secretary determines to be appropriate. 

5 (d) VALLES CALDERA TRUST.— 

6 (1) TERMINATION.—The Trust shall terminate 

7 180 days after the date of enactment of this Act un8 less the Secretary determines that the termination 

9 date should be extended to facilitate the transitional 

10 management of the Preserve. 

11 (2) ASSETS AND LIABILITIES.— 

12 (A) ASSETS.—On termination of the 

13 Trust— 

14 (i) all assets of the Trust shall be 

15 transferred to the Secretary; and 

16 (ii) any amounts appropriated for the 

17 Trust shall remain available to the Sec18 retary for the administration of the Pre19 serve. 

20 (B) ASSUMPTION OF OBLIGATIONS.— 

21 (i) IN GENERAL.—On termination of 

22 the Trust, the Secretary shall assume all 

23 contracts, obligations, and other liabilities 

24 of the Trust. 

25 (ii) NEW LIABILITIES.— 


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1 (I) BUDGET.—Not later than 90 

2 days after the date of enactment of 

3 this Act, the Secretary and the Trust 

4 shall prepare a budget for the interim 

5 management of the Preserve. 

6 (II) WRITTEN CONCURRENCE RE7 QUIRED.—The Trust shall not incur 

8 any new liabilities not authorized in 

9 the budget prepared under subclause 

10 (I) without the written concurrence of 

11 the Secretary. 

12 (3) PERSONNEL.— 

13 (A) HIRING.—The Secretary and the Sec14 retary of Agriculture may hire employees of the 

15 Trust on a noncompetitive basis for comparable 

16 positions at the Preserve or other areas or of17 fices under the jurisdiction of the Secretary or 

18 the Secretary of Agriculture. 

19 (B) SALARY.—Any employees hired from 

20 the Trust under subparagraph (A) shall be sub21 ject to the provisions of chapter 51, and sub22 chapter III of chapter 53, title 5, United States 

23 Code, relating to classification and General 

24 Schedule pay rates. 


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1 (C) INTERIM RETENTION OF ELIGIBLE EM2 PLOYEES.—For a period of not less than 180 

3 days beginning on the date of enactment of this 

4 Act, all eligible employees of the Trust shall 

5 be— 

6 (i) retained in the employment of the 

7 Trust; 

8 (ii) considered to be placed on detail 

9 to the Secretary; and 

10 (iii) subject to the direction of the 

11 Secretary. 

12 (D) TERMINATION FOR CAUSE.—Nothing 

13 in this paragraph precludes the termination of 

14 employment of an eligible employee for cause 

15 during the period described in subparagraph 

16 (C). 

17 (4) RECORDS.—The Secretary shall have access 

18 to all records of the Trust pertaining to the manage19 ment of the Preserve. 

20 (5) VALLES CALDERA FUND.— 

21 (A) IN GENERAL.—Effective on the date of 

22 enactment of this Act, the Secretary shall as23 sume the powers of the Trust over the Fund. 

24 (B) AVAILABILITY AND USE.—Any 

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1 ment of this Act shall be available to the Sec2 retary for use, without further appropriation, 

3 for the management of the Preserve. 

4 SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT. 

5 (a) REPEAL.—On the termination of the Trust, the 

6 Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) 

7 is repealed. 

8 (b) EFFECT OF REPEAL.—Notwithstanding the re9 peal made by subsection (a)— 

10 (1) the authority of the Secretary of Agri11 culture to acquire mineral interests under section 

12 104(e) of the Valles Caldera Preservation Act (16 

13 U.S.C. 698v–2(e)) is transferred to the Secretary 

14 and any proceeding for the condemnation of, or pay15 ment of compensation for, an outstanding mineral 

16 interest pursuant to the transferred authority shall 

17 continue; 

18 (2) the provisions in section 104(g) of the 

19 Valles Caldera Preservation Act (16 U.S.C. 698v– 

20 2(g)) relating to the Pueblo of Santa Clara shall re21 main in effect; and 

22 (3) the Fund shall not be terminated until all 

23 amounts in the Fund have been expended by the 

24 Secretary. 


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1 (c) BOUNDARIES.—The repeal of the Valles Caldera 

2 Preservation Act (16 U.S.C. 698v et seq.) shall not affect 

3 the boundaries as of the date of enactment of this Act 

4 (including maps and legal descriptions) of— 

5 (1) the Preserve; 

6 (2) the Santa Fe National Forest (other than 

7 the modification made by section 4(b)); 

8 (3) Bandelier National Monument; and 

9 (4) any land conveyed to the Pueblo of Santa 

10 Clara. 

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this Act. 

Æ 


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