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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1892 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1892

 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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1999

 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 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.

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

          TITLE I--VALLES CALDERA NATIONAL PRESERVE AND TRUST

SECTION 101. SHORT TITLE.

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

SEC. 102. FINDINGS AND PURPOSES.

    (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;
            (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.

    In this title:
            (1) Baca ranch.--The term ``Baca ranch'' means the lands 
        and facilities described in this section 104(a).
            (2) Board of trustees.--The terms ``Board of Trustees'' and 
        ``Board'' mean the Board of Trustees as describe 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 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'' means 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.

    (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 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 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 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 Lower Alamo watershed;
                    (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) 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 their 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 U.S.C. 4601-9), 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.--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 the scenic and natural 
values. All appraisals shall be done in conformity with the Uniform 
Appraisal Standards for Federal Land Acquisitions.

SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.

    (a) 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 by the Secretary of the Interior under section 104(b), 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 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 
        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.

SEC. 106. THE VALLES CALDERA TRUST.

    (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.
    (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 
        paid 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 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.
    (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.

SEC. 107. BOARD OF TRUSTEES.

    (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) 7 individuals, appointed by the President, in 
                consultation with the congressional delegation from the 
                State of New Mexico. The 7 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 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, 4 
        shall serve for a term of 4 years, and 3 shall serve for a term 
        of 2 years.
            (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 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.

    (a) Assumption of Management.--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;
            (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 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--
            (1) operation of the Preserve as a working ranch, 
        consistent with paragraphs (2) through (4);
            (2) the protection and preservation of the 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 diminish 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, 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, 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.).
            (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. 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.

    (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 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 
        under 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: Provided, That any agreement, lease, contract, or 
        other arrangement entered into by the Secretary under section 
        108(c)(1) 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.

    (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), 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 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.

    (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 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.

    (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 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 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 II--FEDERAL LAND TRANSACTION FACILITATION

SECTION 201. SHORT TITLE.

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

SEC. 202. FINDINGS.

    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;
            (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.

    In this title:
            (1) Exceptional resource.--The term ``exceptional 
        resource'' means a resource of scientific, historic, cultural, 
        or recreational value that has been documented by a Federal, 
        State, or local governmental authority, and for which 
        extraordinary conservation and protection is required 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 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1702)) 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, national 
                volcanic area, research natural area, national 
                outstanding natural area, or a national natural 
                landmark managed by the Bureau of Land Management or 
                under the National Forest System;
                    (B) a unit of the National Park System;
                    (C) a unit of the National Wildlife Refuge System; 
                or
                    (D) a wilderness area designated under the 
                Wilderness Act (16 U.S.C. 1131 et seq.), the Wild and 
                Scenic Rivers Act (16 U.S.C. 1271 et seq.), or the 
National Trails System Act (16 U.S.C. 1241 et seq.), or areas of the 
National Forest System designated for special management by an Act of 
Congress,
            (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.

    (a) In 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 an interest in land 
        to the Federal Government; and
            (2) establish the date on which the land or interest in 
        land identified became an inholding.
    (b) Notice of Policy.--The Secretary and the Secretary of 
Agriculture shall provide, in the Federal Register and through such 
other means as the Secretaries may determine to be appropriate, 
periodic notice to the public of the policy under subsection (a), 
including any information required to consider an inholding for 
acquisition under section 206.
    (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.

    (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 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.

    (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--
                            (i) inholdings; and
                            (ii) land that is adjacent to federally 
                        designated areas and contains 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 in the Federal 
                Land Disposal Account shall 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.
            (3) Priority.--The Secretary and the Secretary of 
        Agriculture may each develop and use criteria for priority of 
        acquisition that are based on--
                    (A) the date on which land or interest in land 
                became an inholding;
                    (B) the existence of exceptional resources on the 
                land; and
                    (C) management efficiency.
            (4) Basis of sale.--Any acquisition of land 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; and
                    (C) at a price not to exceed fair market value 
                consistent with applicable provisions of the Uniform 
                Appraisal Standards for Federal Land Acquisitions.
    (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 substances 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 5--
            (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.

    (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--
            (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.
                                 <all>
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