II

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.

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

3 TITLE I—VALLES CALDERA NA4 TIONAL PRESERVE AND

5 TRUST

6 SECTION 101. SHORT TITLE.

7 This title may be cited as the ‘‘Valles Caldera Preser8 vation Act’’.
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•S 1892 IS

1 SEC. 102. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the Baca ranch comprises most of the

4 Valles Caldera in central New Mexico, and con5 stitutes a unique land mass, with significant sci6 entific, cultural, historic, recreational, ecological,

7 wildlife, fisheries, and productive values;

8 (2) the Valles Caldera is a large resurgent lava

9 dome with potential geothermal activity;

10 (3) the land comprising the Baca ranch was

11 originally granted to the heirs of Don Luis Maria

12 Cabeza de Vaca in 1860;

13 (4) historical evidence, in the form of old log14 ging camps and other artifacts, and the history of

15 territorial New Mexico indicate the importance of

16 this land over many generations for domesticated

17 livestock production and timber supply;

18 (5) the careful husbandry of the Baca ranch by

19 the current owners, including selective timbering,

20 limited grazing and hunting, and the use of pre21 scribed fire, have preserved a mix of healthy range

22 and timber land with significant species diversity,

23 thereby serving as a model for sustainable land de24 velopment and use;

25 (6) the Baca ranch’s natural beauty and abun26 dant resources, and its proximity to large municipal
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1 populations, could provide numerous recreational op2 portunities for hiking, fishing, camping, cross-coun3 try skiing, and hunting;

4 (7) the Forest Service documented the scenic

5 and natural values of the Baca ranch in its 1993

6 study entitled ‘‘Report on the Study of the Baca Lo7 cation No. 1, Santa Fe National Forest, New Mex8 ico’’, as directed by Public Law 101–556;

9 (8) the Baca ranch can be protected for current

10 and future generations by continued operation as a

11 working ranch under a unique management regime

12 which would protect the land and resource values of

13 the property and surrounding ecosystem while allow14 ing and providing for the ranch to eventually become

15 financially self-sustaining;

16 (9) the current owners have indicated that they

17 wish to sell the Baca ranch, creating an opportunity

18 for Federal acquisition and public access and enjoy19 ment of these lands;

20 (10) certain features on the Baca ranch have

21 historical and religious significance to Native Ameri22 cans which can be preserved and protected through

23 Federal acquisition of the property;

24 (11) the unique nature of the Valles Caldera

25 and the potential uses of its resources with different
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1 resulting impacts warrants a management regime

2 uniquely capable of developing an operational pro3 gram for appropriate preservation and development

4 of the land and resources of the Baca ranch in the

5 interest of the public;

6 (12) an experimental management regime

7 should be provided by the establishment of a Trust

8 capable of using new methods of public land man9 agement that may prove to be cost-effective and en10 vironmentally sensitive; and

11 (13) the Secretary may promote more efficient

12 management of the Valles Caldera and the water13 shed of the Santa Clara Creek through the assign14 ment of purchase rights of such watershed to the

15 Pueblo of Santa Clara.

16 (b) PURPOSES.—The purposes of this title are—

17 (1) to authorize Federal acquisition of the Baca

18 ranch;

19 (2) to protect and preserve for future genera20 tions the scientific, scenic, historic, and natural val21 ues of the Baca ranch, including rivers and eco22 systems and archaeological, geological, and cultural

23 resources;

24 (3) to provide opportunities for public recre25 ation;
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1 (4) to establish a demonstration area for an ex2 perimental management regime adapted to this

3 unique property which incorporates elements of pub4 lic and private administration in order to promote

5 long term financial sustainability consistent with the

6 other purposes enumerated in this subsection; and

7 (5) to provide for sustained yield management

8 of Baca ranch for timber production and domes9 ticated livestock grazing insofar as is consistent with

10 the other purposes stated herein.

11 SEC. 103. DEFINITIONS.

12 In this title:

13 (1) BACA RANCH.—The term ‘‘Baca ranch’’

14 means the lands and facilities described in this sec15 tion 104(a).

16 (2) BOARD OF TRUSTEES.—The terms ‘‘Board

17 of Trustees’’ and ‘‘Board’’ mean the Board of

18 Trustees as describe in section 107.

19 (3) COMMITTEES OF CONGRESS.—The term

20 ‘‘Committees of Congress’’ means the Committee on

21 Energy and Natural Resources of the Senate and

22 the Committee on Resources of the House of Rep23 resentatives.

24 (4) FINANCIALLY SELF-SUSTAINING.—The term

25 ‘‘financially self-sustaining’’ means management and
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1 operating expenditures equal to or less than pro2 ceeds derived from fees and other receipts for re3 source use and development and interest on invested

4 funds. Management and operating expenditures shall

5 include Trustee expenses, salaries and benefits of

6 staff, administrative and operating expenses, im7 provements to and maintenance of lands and facili8 ties of the Preserve, and other similar expenses.

9 Funds appropriated to the Trust by Congress, either

10 directly or through the Secretary, for the purposes

11 of this title shall not be considered.

12 (5) MULTIPLE USE AND SUSTAINED YIELD.—

13 The term ‘‘multiple use and sustained yield’’ means

14 the combined meaning of the terms ‘‘multiple use’’

15 and ‘‘sustained yield of the several products and

16 services’’, as defined under the Multiple-Use Sus17 tained-Yield Act of 1960 (16 U.S.C. 531).

18 (6) PRESERVE.—The term ‘‘Preserve’’ means

19 the Valles Caldera National Preserve established

20 under section 105.

21 (7) SECRETARY.—Except where otherwise pro22 vided, the term ‘‘Secretary’’ means the Secretary of

23 Agriculture.

24 (8) TRUST.—The term ‘‘Trust’’ means the

25 Valles Caldera Trust established under section 106.
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1 SEC. 104. ACQUISITION OF LANDS.

2 (a) ACQUISITION OF BACA RANCH.—

3 (1) IN GENERAL.—In compliance with the Act

4 of June 15, 1926 (16 U.S.C. 471a), the Secretary

5 is authorized to acquire all or part of the rights,

6 title, and interests in and to approximately 94,761

7 acres of the Baca ranch, comprising the lands, facili8 ties, and structures referred to as the Baca Location

9 No. 1, and generally depicted on a plat entitled

10 ‘‘Independent Resurvey of the Baca Location No.

11 1’’, made by L.A. Osterhoudt, W.V. Hall, and

12 Charles W. Devendorf, U.S. Cadastral Engineers,

13 June 30, 1920–August 24, 1921, under special in14 structions for Group No. 107 dated February 12,

15 1920, in New Mexico.

16 (2) SOURCE OF FUNDS.—The acquisition under

17 paragraph (1) may be made by purchase through

18 appropriated or donated funds, by exchange, by con19 tribution, or by donation of land. Funds appro20 priated to the Secretary from the Land and Water

21 Conservation Fund shall be available for this pur22 pose.

23 (3) BASIS OF SALE.—The acquisition under

24 paragraph (1) shall be based on an appraisal done

25 in conformity with the Uniform Appraisal Standards

26 for Federal Land Acquisitions and—
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1 (A) in the case of purchase, such purchase

2 shall be on a willing seller basis for no more

3 than the fair market value of the land or inter4 ests therein acquired; and

5 (B) in the case of exchange, such exchange

6 shall be for lands, or interests therein, of equal

7 value, in conformity with the existing exchange

8 authorities of the Secretary.

9 (4) DEED.—The conveyance of the offered

10 lands to the United States under this subsection

11 shall be by general warranty or other deed accept12 able to the Secretary and in conformity with applica13 ble title standards of the Attorney General.

14 (b) ADDITION OF LAND TO BANDELIER NATIONAL

15 MONUMENT.—Upon acquisition of the Baca ranch under

16 subsection (a), the Secretary of the Interior shall assume

17 administrative jurisdiction over those lands within the

18 boundaries of the Bandelier National Monument as modi19 fied under section 3 of Public Law 105–376 (112 Stat.

20 3389).

21 (c) PLAT AND MAPS.—

22 (1) PLAT AND MAPS PREVAIL.—In case of any

23 conflict between a plat or a map and acreages, the

24 plat or map shall prevail.
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1 (2) MINOR CORRECTIONS.—The Secretary and

2 the Secretary of the Interior may make minor cor3 rections in the boundaries of the Upper Alamo wa4 tershed as depicted on the map referred to in section

5 3 of Public Law 105–376 (112 Stat. 3389).

6 (3) BOUNDARY MODIFICATION.—Upon the con7 veyance of any lands to any entity other than the

8 Secretary, the boundary of the Preserve shall be

9 modified to exclude such lands.

10 (4) FINAL MAPS.—Within 180 days of the date

11 of acquisition of the Baca ranch under subsection

12 (a), the Secretary and the Secretary of the Interior

13 shall submit to the Committees of Congress a final

14 map of the Preserve and a final map of Bandelier

15 National Monument, respectively.

16 (5) PUBLIC AVAILABILITY.—The plat and maps

17 referred to in the subsection shall be kept and made

18 available for public inspection in the offices of the

19 Chief, Forest Service, and Director, National Park

20 Service, in Washington, D.C., and Supervisor, Santa

21 Fe National Forest, and Superintendent, Bandelier

22 National Monument, in the State of New Mexico.

23 (d) WATERSHED MANAGEMENT REPORT.—The Sec24 retary, acting through the Forest Service, in cooperation
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1 with the Secretary of the Interior, acting through the Na2 tional Park Service, shall—

3 (1) prepare a report of management alter4 natives which may—

5 (A) provide more coordinated land man6 agement within the area known as the Lower

7 Alamo watershed;

8 (B) allow for improved management of elk

9 and other wildlife populations ranging between

10 the Santa Fe National Forest and the Ban11 delier National Monument; and

12 (C) include proposed boundary adjust13 ments between the Santa Fe National Forest

14 and the Bandelier National Monument to facili15 tate the objectives under subparagraphs (A)

16 and (B); and

17 (2) submit the report to the Committees of

18 Congress within 120 days of the date of enactment

19 of this title.

20 (e) OUTSTANDING MINERAL INTERESTS.—The ac21 quisition of the Baca ranch by the Secretary shall be sub22 ject to all outstanding valid existing mineral interests. The

23 Secretary is authorized and directed to negotiate with the

24 owners of any fractional interest in the subsurface estate

25 for the acquisition of such fractional interest on a willing
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1 seller basis for not to exceed their fair market value, as

2 determined by appraisal done in conformity with the Uni3 form Appraisal Standards for Federal Land Acquisitions.

4 Any such interests acquired within the boundaries of the

5 Upper Alamo watershed, as referred to in subsection (b),

6 shall be administered by the Secretary of the Interior as

7 part of Bandelier National Monument.

8 (f) BOUNDARIES OF THE BACA RANCH.—For pur9 poses of section 7 of the Land and Water Conservation

10 Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries

11 of the Baca ranch shall be treated as if they were National

12 Forest boundaries existing as of January 1, 1965.

13 (g) PUEBLO OF SANTA CLARA.—The Secretary may

14 assign to the Pueblo of Santa Clara rights to acquire for

15 fair market value portions of the Baca ranch. The portion

16 that may be assigned shall be determined by mutual agree17 ment between the Pueblo and the Secretary based on opti18 mal management considerations for the Preserve including

19 manageable land line locations, public access, and reten20 tion of the scenic and natural values. All appraisals shall

21 be done in conformity with the Uniform Appraisal Stand22 ards for Federal Land Acquisitions.

23 SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.

24 (a) ESTABLISHMENT.—Upon the date of acquisition

25 of the Baca ranch under section 104(a), there is hereby
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1 established the Valles Caldera National Preserve as a unit

2 of the National Forest System which shall include all Fed3 eral lands and interests in land acquired under sections

4 104(a) and 104(e), except those lands and interests in

5 land administered by the Secretary of the Interior under

6 section 104(b), and shall be managed in accordance with

7 the purposes and requirements of this title.

8 (b) PURPOSES.—The purposes for which the Preserve

9 is established are to protect and preserve the scenic, geo10 logic, watershed, fish, wildlife, historic, cultural, and rec11 reational values of the Preserve, and to provide for mul12 tiple use and sustained yield of renewable resources within

13 the Preserve, consistent with this title.

14 (c) MANAGEMENT AUTHORITY.—Except for the pow15 ers of the Secretary enumerated in this title, the Preserve

16 shall be managed by the Valles Caldera Trust established

17 by section 106.

18 (d) ELIGIBILITY FOR PAYMENT IN LIEU OF

19 TAXES.—Lands acquired by the United States under sec20 tion 104(a) shall constitute entitlement lands for purposes

21 of the Payment in Lieu of Taxes Act (31 U.S.C. 6901–

22 6904).

23 (e) WITHDRAWALS.—

24 (1) IN GENERAL.—Upon acquisition of all inter25 ests in minerals within the boundaries of the Baca
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1 ranch under section 104(e), subject to valid existing

2 rights, the lands comprising the Preserve are there3 by withdrawn from disposition under all laws per4 taining to mineral leasing, including geothermal

5 leasing.

6 (2) MATERIALS FOR ROADS AND FACILITIES.—

7 Nothing in this title shall preclude the Secretary,

8 prior to assumption of management of the Preserve

9 by the Trust, and the Trust thereafter, from allow10 ing the utilization of common varieties of mineral

11 materials such as sand, stone, and gravel as nec12 essary for construction and maintenance of roads

13 and facilities within the Preserve.

14 (f) FISH AND GAME.—Nothing in this title shall be

15 construed as affecting the responsibilities of the State of

16 New Mexico with respect to fish and wildlife, including the

17 regulation of hunting, fishing, and trapping within the

18 Preserve, except that the Trust may, in consultation with

19 the Secretary and the State of New Mexico, designate

20 zones where and establish periods when no hunting, fish21 ing, or trapping shall be permitted for reasons of public

22 safety, administration, the protection of nongame species

23 and their habitats, or public use and enjoyment.
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1 SEC. 106. THE VALLES CALDERA TRUST.

2 (a) ESTABLISHMENT.—There is hereby established a

3 wholly owned government corporation known as the Valles

4 Caldera Trust which is empowered to conduct business in

5 the State of New Mexico and elsewhere in the United

6 States in furtherance of its corporate purposes.

7 (b) CORPORATE PURPOSES.—The purposes of the

8 Trust are—

9 (1) to provide management and administrative

10 services for the Preserve;

11 (2) to establish and implement management

12 policies which will best achieve the purposes and re13 quirements of this title;

14 (3) to receive and collect funds from private

15 and public sources and to make dispositions in sup16 port of the management and administration of the

17 Preserve; and

18 (4) to cooperate with Federal, State, and local

19 governmental units, and with Indian tribes and

20 Pueblos, to further the purposes for which the Pre21 serve was established.

22 (c) NECESSARY POWERS.—The Trust shall have all

23 necessary and proper powers for the exercise of the au24 thorities vested in it.

25 (d) STAFF.—
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1 (1) IN GENERAL.—The Trust is authorized to

2 appoint and fix the compensation and duties of an

3 executive director and such other officers and em4 ployees as it deems necessary without regard to the

5 provisions of title 5, United States Code, governing

6 appointments in the competitive service, and may

7 pay them without regard to the provisions of chapter

8 51, and subchapter III of chapter 53, title 5, United

9 States Code, relating to classification and General

10 Schedule pay rates. No employee of the Trust shall

11 be paid at a rate in excess of that paid the Super12 visor of the Santa Fe National Forest or the Super13 intendent of the Bandelier National Monument,

14 whichever is greater.

15 (2) FEDERAL EMPLOYEES.—

16 (A) IN GENERAL.—Except as provided in

17 this title, employees of the Trust shall be Fed18 eral employees as defined by title 5, United

19 States Code, and shall be subject to all rights

20 and obligations applicable thereto.

21 (B) USE OF FEDERAL EMPLOYEES.—At

22 the request of the Trust, the employees of any

23 Federal agency may be provided for implemen24 tation of this title. Such employees detailed to
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1 the Trust for more than 30 days shall be pro2 vided on a reimbursable basis.

3 (e) GOVERNMENT CORPORATION.—

4 (1) IN GENERAL.—The Trust shall be a Gov5 ernment Corporation subject to chapter 91 of title

6 31, United States Code (commonly referred to as

7 the Government Corporation Control Act). Financial

8 statements of the Trust shall be audited annually in

9 accordance with section 9105 of title 31 of the

10 United States Code.

11 (2) REPORTS.—Not later than January 15 of

12 each year, the Trust shall submit to the Secretary

13 and the Committees of Congress a comprehensive

14 and detailed report of its operations, activities, and

15 accomplishments for the prior year including infor16 mation on the status of ecological, cultural, and fi17 nancial resources being managed by the Trust, and

18 benefits provided by the Preserve to local commu19 nities. The report shall also include a section that

20 describes the Trust’s goals for the current year.

21 (3) ANNUAL BUDGET.—

22 (A) IN GENERAL.—The Trust shall pre23 pare an annual budget with the goal of achiev24 ing a financially self-sustaining operation within
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1 15 full fiscal years after the date of acquisition

2 of the Baca ranch under section 104(a).

3 (B) BUDGET REQUEST.—The Secretary

4 shall provide necessary assistance (including

5 detailees as necessary) to the Trust for the

6 timely formulation and submission of the an7 nual budget request for appropriations, as au8 thorized under section 111(a), to support the

9 administration, operation, and maintenance of

10 the Preserve.

11 (f) TAXES.—The Trust and all properties adminis12 tered by the Trust shall be exempt from all taxes and spe13 cial assessments of every kind by the State of New Mexico,

14 and its political subdivisions including the counties of

15 Sandoval and Rio Arriba.

16 (g) DONATIONS.—The Trust may solicit and accept

17 donations of funds, property, supplies, or services from in18 dividuals, foundations, corporations, and other private or

19 public entities for the purposes of carrying out its duties.

20 The Secretary, prior to assumption of management of the

21 Preserve by the Trust, and the Trust thereafter, may ac22 cept donations from such entities notwithstanding that

23 such donors may conduct business with the Department

24 of Agriculture or any other department or agency of the

25 United States.
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1 (h) PROCEEDS.—

2 (1) IN GENERAL.—Notwithstanding sections

3 1341 and 3302 of title 31 of the United States

4 Code, all monies received from donations under sub5 section (g) or from the management of the Preserve

6 shall be retained and shall be available, without fur7 ther appropriation, for the administration, preserva8 tion, restoration, operation and maintenance, im9 provement, repair, and related expenses incurred

10 with respect to properties under its management ju11 risdiction.

12 (2) FUND.—There is hereby established in the

13 Treasury of the United States a special interest

14 bearing fund entitled ‘‘Valles Caldera Fund’’ which

15 shall be available, without further appropriation for

16 any purpose consistent with the purposes of this

17 title. At the option of the Trust, or the Secretary in

18 accordance with section 110, the Secretary of the

19 Treasury shall invest excess monies of the Trust in

20 such account, which shall bear interest at rates de21 termined by the Secretary of the Treasury taking

22 into consideration the current average market yield

23 on outstanding marketable obligations of the United

24 States of comparable maturity.
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1 (i) RESTRICTIONS ON DISPOSITION OF RECEIPTS.—

2 Any funds received by the Trust, or the Secretary in ac3 cordance with section 109(b), from the management of the

4 Preserve shall not be subject to partial distribution to the

5 State under—

6 (1) the Act of May 23, 1908, entitled ‘‘an Act

7 making appropriations for the Department of Agri8 culture for the fiscal year ending June thirtieth,

9 nineteen hundred and nine’’ (35 Stat. 260, chapter

10 192; 16 U.S.C. 500);

11 (2) section 13 of the Act of March 1, 1911 (36

12 Stat. 963, chapter 186; 16 U.S.C. 500); or

13 (3) any other law.

14 (j) SUITS.—The Trust may sue and be sued in its

15 own name to the same extent as the Federal Government.

16 For purposes of such suits, the residence of the Trust shall

17 be the State of New Mexico. The Trust shall be rep18 resented by the Attorney General in any litigation arising

19 out of the activities of the Trust, except that the Trust

20 may retain private attorneys to provide advice and coun21 sel.

22 (k) BYLAWS.—The Trust shall adopt necessary by23 laws to govern its activities.

24 (l) INSURANCE AND BOND.—The Trust shall require

25 that all holders of leases from, or parties in contract with,
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1 the Trust that are authorized to occupy, use, or develop

2 properties under the management jurisdiction of the

3 Trust, procure proper insurance against any loss in con4 nection with such properties, or activities authorized in

5 such lease or contract, as is reasonable and customary.

6 SEC. 107. BOARD OF TRUSTEES.

7 (a) IN GENERAL.—The Trust shall be governed by

8 a 9-member Board of Trustees consisting of the following:

9 (1) VOTING TRUSTEES.—The voting Trustees

10 shall be—

11 (A) the Supervisor of the Santa Fe Na12 tional Forest, United States Forest Service;

13 (B) the Superintendent of the Bandelier

14 National Monument, National Park Service;

15 and

16 (C) 7 individuals, appointed by the Presi17 dent, in consultation with the congressional del18 egation from the State of New Mexico. The 7

19 individuals shall have specific expertise or rep20 resent an organization or government entity as

21 follows—

22 (i) one trustee shall have expertise in

23 aspects of domesticated livestock manage24 ment, production, and marketing, including
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1 range management and livestock business

2 management;

3 (ii) one trustee shall have expertise in

4 the management of game and nongame

5 wildlife and fish populations, including

6 hunting, fishing, and other recreational ac7 tivities;

8 (iii) one trustee shall have expertise in

9 the sustainable management of forest

10 lands for commodity and noncommodity

11 purposes;

12 (iv) one trustee shall be active in a

13 nonprofit conservation organization con14 cerned with the activities of the Forest

15 Service;

16 (v) one trustee shall have expertise in

17 financial management, budget and pro18 gram analysis, and small business oper19 ations;

20 (vi) one trustee shall have expertise in

21 the cultural and natural history of the re22 gion; and

23 (vii) one trustee shall be active in

24 State or local government in New Mexico,
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1 with expertise in the customs of the local

2 area.

3 (2) QUALIFICATIONS.—Of the trustees ap4 pointed by the President—

5 (A) none shall be employees of the Federal

6 Government; and

7 (B) at least five shall be residents of the

8 State of New Mexico.

9 (b) INITIAL APPOINTMENTS.—The President shall

10 make the initial appointments to the Board of Trustees

11 within 90 days after acquisition of the Baca ranch under

12 section 104(a).

13 (c) TERMS.—

14 (1) IN GENERAL.—Appointed trustees shall

15 each serve a term of 4 years, except that of the

16 trustees first appointed, 4 shall serve for a term of

17 4 years, and 3 shall serve for a term of 2 years.

18 (2) VACANCIES.—Any vacancy among the ap19 pointed trustees shall be filled in the same manner

20 in which the original appointment was made, and

21 any trustee appointed to fill a vacancy shall serve for

22 the remainder of that term for which his or her

23 predecessor was appointed.

24 (3) LIMITATIONS.—No appointed trustee may

25 serve more than 8 years in consecutive terms.
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1 (d) QUORUM.—A majority of trustees shall constitute

2 a quorum of the Board for the conduct of business.

3 (e) ORGANIZATION AND COMPENSATION.—

4 (1) IN GENERAL.—The Board shall organize

5 itself in such a manner as it deems most appropriate

6 to effectively carry out the activities of the Trust.

7 (2) COMPENSATION OF TRUSTEES.—Trustees

8 shall serve without pay, but may be reimbursed from

9 the funds of the Trust for the actual and necessary

10 travel and subsistence expenses incurred by them in

11 the performance of their duties.

12 (3) CHAIR.—Trustees shall select a chair from

13 the membership of the Board.

14 (f) LIABILITY OF TRUSTEES.—Appointed trustees

15 shall not be considered Federal employees by virtue of

16 their membership on the Board, except for purposes of

17 the Federal Tort Claims Act, the Ethics in Government

18 Act, and the provisions of chapter 11 of title 18, United

19 States Code.

20 (g) MEETINGS.—

21 (1) LOCATION AND TIMING OF MEETINGS.—

22 The Board shall meet in sessions open to the public

23 at least three times per year in New Mexico. Upon

24 a majority vote made in open session, and a public

25 statement of the reasons therefore, the Board may
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1 close any other meetings to the public: Provided,

2 That any final decision of the Board to adopt or

3 amend the comprehensive management program

4 under section 108(d) or to approve any activity re5 lated to the management of the land or resources of

6 the Preserve shall be made in open public session.

7 (2) PUBLIC INFORMATION.—In addition to

8 other requirements of applicable law, the Board shall

9 establish procedures for providing appropriate public

10 information and periodic opportunities for public

11 comment regarding the management of the Preserve.

12 SEC. 108. RESOURCE MANAGEMENT.

13 (a) ASSUMPTION OF MANAGEMENT.—The Trust

14 shall assume all authority provided by this title to manage

15 the Preserve upon a determination by the Secretary, which

16 to the maximum extent practicable shall be made within

17 60 days after the appointment of the Board, that—

18 (1) the Board is duly appointed, and able to

19 conduct business; and

20 (2) provision has been made for essential man21 agement services.

22 (b) MANAGEMENT RESPONSIBILITIES.—Upon as23 sumption of management of the Preserve under subsection

24 (a), the Trust shall manage the land and resources of the
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1 Preserve and the use thereof including, but not limited

2 to such activities as—

3 (1) administration of the operations of the Pre4 serve;

5 (2) preservation and development of the land

6 and resources of the Preserve;

7 (3) interpretation of the Preserve and its his8 tory for the public;

9 (4) management of public use and occupancy of

10 the Preserve; and

11 (5) maintenance, rehabilitation, repair, and im12 provement of property within the Preserve.

13 (c) AUTHORITIES.—

14 (1) IN GENERAL.—The Trust shall develop pro15 grams and activities at the Preserve, and shall have

16 the authority to negotiate directly and enter into

17 such agreements, leases, contracts and other ar18 rangements with any person, firm, association, orga19 nization, corporation or governmental entity, includ20 ing without limitation, entities of Federal, State, and

21 local governments, and consultation with Indian

22 tribes and pueblos, as are necessary and appropriate

23 to carry out its authorized activities or fulfill the

24 purposes of this title. Any such agreements may be
26

•S 1892 IS

1 entered into without regard to section 321 of the

2 Act of June 30, 1932 (40 U.S.C. 303b).

3 (2) PROCEDURES.—The Trust shall establish

4 procedures for entering into lease agreements and

5 other agreements for the use and occupancy of facili6 ties of the Preserve. The procedures shall ensure

7 reasonable competition, and set guidelines for deter8 mining reasonable fees, terms, and conditions for

9 such agreements.

10 (3) LIMITATIONS.—The Trust may not dispose

11 of any real property in, or convey any water rights

12 appurtenant to the Preserve. The Trust may not

13 convey any easement, or enter into any contract,

14 lease, or other agreement related to use and occu15 pancy of property within the Preserve for a period

16 greater than 10 years. Any such easement, contract,

17 lease, or other agreement shall provide that, upon

18 termination of the Trust, such easement, contract,

19 lease or agreement is terminated.

20 (4) APPLICATION OF PROCUREMENT LAWS.—

21 (A) IN GENERAL.—Notwithstanding any

22 other provision of law, Federal laws and regula23 tions governing procurement by Federal agen24 cies shall not apply to the Trust, with the ex25 ception of laws and regulations related to Fed-
27

•S 1892 IS

1 eral Government contracts governing health and

2 safety requirements, wage rates, and civil

3 rights.

4 (B) PROCEDURES.—The Trust, in con5 sultation with the Administrator of Federal

6 Procurement Policy, Office of Management and

7 Budget, shall establish and adopt procedures

8 applicable to the Trust’s procurement of goods

9 and services, including the award of contracts

10 on the basis of contractor qualifications, price,

11 commercially reasonable buying practices, and

12 reasonable competition.

13 (d) MANAGEMENT PROGRAM.—Within two years

14 after assumption of management responsibilities for the

15 Preserve, the Trust shall, in accordance with subsection

16 (f), develop a comprehensive program for the management

17 of lands, resources, and facilities within the Preserve to

18 carry out the purposes under section 105(b). To the extent

19 consistent with such purposes, such program shall provide

20 for—

21 (1) operation of the Preserve as a working

22 ranch, consistent with paragraphs (2) through (4);

23 (2) the protection and preservation of the sce24 nic, geologic, watershed, fish, wildlife, historic, cul25 tural and recreational values of the Preserve;
28

•S 1892 IS

1 (3) multiple use and sustained yield of renew2 able resources within the Preserve;

3 (4) public use of and access to the Preserve for

4 recreation;

5 (5) renewable resource utilization and manage6 ment alternatives that, to the extent practicable—

7 (A) benefit local communities and small

8 businesses;

9 (B) enhance coordination of management

10 objectives with those on surrounding National

11 Forest System land; and

12 (C) provide cost savings to the Trust

13 through the exchange of services, including but

14 not limited to labor and maintenance of facili15 ties, for resources or services provided by the

16 Trust; and

17 (6) optimizing the generation of income based

18 on existing market conditions, to the extent that it

19 does not unreasonably diminish the long-term scenic

20 and natural values of the area, or diminish the mul21 tiple use and sustained yield capability of the land.

22 (e) PUBLIC USE AND RECREATION.—

23 (1) IN GENERAL.—The Trust shall give thor24 ough consideration to the provision of appropriate

25 opportunities for public use and recreation that are
29

•S 1892 IS

1 consistent with the other purposes under section

2 105(b). The Trust is expressly authorized to con3 struct and upgrade roads and bridges, and provide

4 other facilities for activities including, but not lim5 ited to camping and picnicking, hiking, and cross

6 country skiing. Roads, trails, bridges, and rec7 reational facilities constructed within the Preserve

8 shall meet public safety standards applicable to units

9 of the National Forest System and the State of New

10 Mexico.

11 (2) FEES.—Notwithstanding any other provi12 sion of law, the Trust is authorized to assess reason13 able fees for admission to, and the use and occu14 pancy of, the Preserve: Provided, That admission

15 fees and any fees assessed for recreational activities

16 shall be implemented only after public notice and a

17 period of not less than 60 days for public comment.

18 (3) PUBLIC ACCESS.—Upon the acquisition of

19 the Baca ranch under section 104(a), and after an

20 interim planning period of no more than two years,

21 the public shall have reasonable access to the Pre22 serve for recreation purposes. The Secretary, prior

23 to assumption of management of the Preserve by the

24 Trust, and the Trust thereafter, may reasonably

25 limit the number and types of recreational admis-
30

•S 1892 IS

1 sions to the Preserve, or any part thereof, based on

2 the capability of the land, resources, and facilities.

3 The use of reservation or lottery systems is expressly

4 authorized to implement this paragraph.

5 (f) APPLICABLE LAWS.—

6 (1) IN GENERAL.—The Trust, and the Sec7 retary in accordance with section 109(b), shall ad8 minister the Preserve in conformity with this title

9 and all laws pertaining to the National Forest Sys10 tem, except the Forest and Rangeland Renewable

11 Resources Planning Act of 1974, as amended (16

12 U.S.C. 1600 et seq.).

13 (2) ENVIRONMENTAL LAWS.—The Trust shall

14 be deemed a Federal agency for the purposes of

15 compliance with Federal environmental laws.

16 (3) CRIMINAL LAWS.—All criminal laws relating

17 to Federal property shall apply to the same extent

18 as on adjacent units of the National Forest System.

19 (4) REPORTS ON APPLICABLE RULES AND REG20 ULATIONS.—The Trust may submit to the Secretary

21 and the Committees of Congress a compilation of

22 applicable rules and regulations which in the view of

23 the Trust are inappropriate, incompatible with this

24 title, or unduly burdensome.
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1 (5) CONSULTATION WITH TRIBES AND PUEB2 LOS.—The Trust is authorized and directed to co3 operate and consult with Indian tribes and pueblos

4 on management policies and practices for the Pre5 serve which may affect them. The Trust is author6 ized to allow the use of lands within the Preserve for

7 religious and cultural uses by Native Americans and,

8 in so doing, may set aside places and times of exclu9 sive use consistent with the American Indian Reli10 gious Freedom Act (42 U.S.C. 1996 (note)) and

11 other applicable statutes.

12 (6) NO ADMINISTRATIVE APPEAL.—The admin13 istrative appeals regulations of the Secretary shall

14 not apply to activities of the Trust and decisions of

15 the Board.

16 (g) LAW ENFORCEMENT AND FIRE MANAGEMENT.—

17 The Secretary shall provide law enforcement services

18 under a cooperative agreement with the Trust to the ex19 tent generally authorized in other units of the National

20 Forest System. At the request of the Trust, the Secretary

21 may provide fire presuppression, fire suppression, and re22 habilitation services: Provided, That the Trust shall reim23 burse the Secretary for salaries and expenses of fire man24 agement personnel, commensurate with services provided.
32

•S 1892 IS

1 SEC. 109. AUTHORITIES OF THE SECRETARY.

2 (a) IN GENERAL.—Notwithstanding the assumption

3 of management of the Preserve by the Trust, the Sec4 retary is authorized to—

5 (1) issue any rights-of-way, as defined in the

6 Federal Land Policy and Management Act of 1976,

7 of over 10 years duration, in cooperation with the

8 Trust, including, but not limited to, road and utility

9 rights-of-way, and communication sites;

10 (2) issue orders under and enforce prohibitions

11 generally applicable on other units of the National

12 Forest System, in cooperation with the Trust;

13 (3) exercise the authorities of the Secretary

14 under the Wild and Scenic Rivers Act (16 U.S.C.

15 1278, et seq.) and the Federal Power Act (16

16 U.S.C. 797, et seq.), in cooperation with the Trust;

17 (4) acquire the mineral rights referred to in

18 section 104(e);

19 (5) provide law enforcement and fire manage20 ment services under section 108(g);

21 (6) at the request of the Trust, exchange land

22 or interests in land within the Preserve under laws

23 generally applicable to other units of the National

24 Forest System, or otherwise dispose of land or inter25 ests in land within the Preserve under Public Law

26 97–465 (16 U.S.C. 521c through 521i);
33

•S 1892 IS

1 (7) in consultation with the Trust, refer civil

2 and criminal cases pertaining to the Preserve to the

3 Department of Justice for prosecution;

4 (8) retain title to and control over fossils and

5 archaeological artifacts found within the Preserve;

6 (9) at the request of the Trust, construct and

7 operate a visitors’ center in or near the Preserve,

8 subject to the availability of appropriated funds;

9 (10) conduct the assessment of the Trust’s per10 formance, and, if the Secretary determines it nec11 essary, recommend to Congress the termination of

12 the Trust, under section 110(b)(2); and

13 (11) conduct such other activities for which ex14 press authorization is provided to the Secretary by

15 this title.

16 (b) INTERIM MANAGEMENT.—

17 (1) IN GENERAL.—The Secretary shall manage

18 the Preserve under this title during the interim pe19 riod from the date of acquisition of the Baca ranch

20 under section 104(a) to the date of assumption of

21 management of the Preserve by the Trust under sec22 tion 108: Provided, That any agreement, lease, con23 tract, or other arrangement entered into by the Sec24 retary under section 108(c)(1) shall not exceed two

25 years in duration unless expressly extended by the
34

•S 1892 IS

1 Trust upon its assumption of management of the

2 Preserve.

3 (2) USE OF THE FUND.—All monies received by

4 the Secretary from the management of the Preserve

5 during the interim period under paragraph (1) shall

6 be deposited into the ‘‘Valles Caldera Fund’’ estab7 lished under section 106(h)(2), and such monies in

8 the fund shall be available to the Secretary, without

9 further appropriation, for the purpose of managing

10 the Preserve in accordance with the responsibilities

11 and authorities provided to the Trust under section

12 108.

13 (c) SECRETARIAL AUTHORITY.—The Secretary re14 tains the authority to suspend any decision of the Board

15 with respect to the management of the Preserve if he finds

16 that the decision is clearly inconsistent with this title.

17 Such authority shall only be exercised personally by the

18 Secretary, and may not be delegated. Any exercise of this

19 authority shall be in writing to the Board, and notification

20 of the decision shall be given to the Committees of Con21 gress. Any suspended decision shall be referred back to

22 the Board for reconsideration.

23 (d) ACCESS.—The Secretary shall at all times have

24 access to the Preserve for administrative purposes.
35

•S 1892 IS

1 SEC. 110. TERMINATION OF THE TRUST.

2 (a) IN GENERAL.—The Valles Caldera Trust shall

3 terminate at the end of the twentieth full fiscal year fol4 lowing acquisition of the Baca ranch under section 104(a).

5 (b) RECOMMENDATIONS.—

6 (1) BOARD.—

7 (A) If after the fourteenth full fiscal years

8 from the date of acquisition of the Baca ranch

9 under section 104(a), the Board believes the

10 Trust has met the goals and objectives of the

11 comprehensive management program under sec12 tion 108(d), but has not become financially self13 sustaining, the Board may submit to the Com14 mittees of Congress, a recommendation for au15 thorization of appropriations beyond that pro16 vided under this title.

17 (B) During the eighteenth full fiscal year

18 from the date of acquisition of the Baca ranch

19 under section 104(a), the Board shall submit to

20 the Secretary its recommendation that the

21 Trust be either extended or terminated includ22 ing the reasons for such recommendation.

23 (2) SECRETARY.—Within 120 days after receipt

24 of the recommendation of the Board under para25 graph (1)(B), the Secretary shall submit to the

26 Committees of Congress the Board’s recommenda-
36

•S 1892 IS

1 tion on extension or termination along with the rec2 ommendation of the Secretary with respect to the

3 same and stating the reasons for such recommenda4 tion.

5 (c) EFFECT OF TERMINATION.—In the event of ter6 mination of the Trust, the Secretary shall assume all man7 agement and administrative functions over the Preserve,

8 and it shall thereafter be managed as a part of the Santa

9 Fe National Forest, subject to all laws applicable to the

10 National Forest System.

11 (d) ASSETS.—In the event of termination of the

12 Trust, all assets of the Trust shall be used to satisfy any

13 outstanding liabilities, and any funds remaining shall be

14 transferred to the Secretary for use, without further ap15 propriation, for the management of the Preserve.

16 (e) VALLES CALDERA FUND.—In the event of termi17 nation, the Secretary shall assume the powers of the Trust

18 over funds under section 106(h), and the Valles Caldera

19 Fund shall not terminate. Any balances remaining in the

20 fund shall be available to the Secretary, without further

21 appropriation, for any purpose consistent with the pur22 poses of this title.

23 SEC. 111. LIMITATIONS ON FUNDING.

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

25 hereby authorized to be appropriated to the Secretary and
37

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1 the Trust such funds as are necessary for them to carry

2 out the purposes of this title for each of the 15 full fiscal

3 years after the date of acquisition of the Baca ranch under

4 section 104(a).

5 (b) SCHEDULE OF APPROPRIATIONS.—Within two

6 years after the first meeting of the Board, the Trust shall

7 submit to Congress a plan which includes a schedule of

8 annual decreasing appropriated funds that will achieve, at

9 a minimum, the financially self-sustained operation of the

10 Trust within 15 full fiscal years after the date of acquisi11 tion of the Baca ranch under section 104(a).

12 SEC. 112. GENERAL ACCOUNTING OFFICE STUDY.

13 (a) INITIAL STUDY.—Three years after the assump14 tion of management by the Trust, the General Accounting

15 Office shall conduct an interim study of the activities of

16 the Trust and shall report the results of the study to the

17 Committees of Congress. The study shall include, but shall

18 not be limited to, details of programs and activities oper19 ated by the Trust and whether it met its obligations under

20 this title.

21 (b) SECOND STUDY.—Seven years after the assump22 tion of management by the Trust, the General Accounting

23 Office shall conduct a study of the activities of the Trust

24 and shall report the results of the study to the Committees

25 of Congress. The study shall provide an assessment of any
38

•S 1892 IS

1 failure to meet obligations that may be identified under

2 subsection (a), and further evaluation on the ability of the

3 Trust to meet its obligations under this title.

4 TITLE II—FEDERAL LAND

5 TRANSACTION FACILITATION

6 SECTION 201. SHORT TITLE.

7 This title may be cited as the ‘‘Federal Land Trans8 action Facilitation Act’’.

9 SEC. 202. FINDINGS.

10 Congress finds that—

11 (1) the Bureau of Land Management has au12 thority under the Federal Land Policy and Manage13 ment Act of 1976 (43 U.S.C. 1701 et seq.) to sell

14 land identified for disposal under its land use plan15 ning;

16 (2) the Bureau of Land Management has au17 thority under that Act to exchange Federal land for

18 non-Federal land if the exchange would be in the

19 public interest;

20 (3) through land use planning under that Act,

21 the Bureau of Land Management has identified cer22 tain tracts of public land for disposal;

23 (4) the Federal land management agencies of

24 the Departments of the Interior and Agriculture
39

•S 1892 IS

1 have authority under existing law to acquire land

2 consistent with the mission of each agency;

3 (5) the sale or exchange of land identified for

4 disposal and the acquisition of certain non-Federal

5 land from willing landowners would—

6 (A) allow for the reconfiguration of land

7 ownership patterns to better facilitate resource

8 management;

9 (B) contribute to administrative efficiency

10 within Federal land management units; and

11 (C) allow for increased effectiveness of the

12 allocation of fiscal and human resources within

13 the Federal land management agencies;

14 (6) a more expeditious process for disposal and

15 acquisition of land, established to facilitate a more

16 effective configuration of land ownership patterns,

17 would benefit the public interest;

18 (7) many private individuals own land within

19 the boundaries of Federal land management units

20 and desire to sell the land to the Federal Govern21 ment;

22 (8) such land lies within national parks, na23 tional monuments, national wildlife refuges, national

24 forests, and other areas designated for special man25 agement;
40

•S 1892 IS

1 (9) Federal land management agencies are fac2 ing increased workloads from rapidly growing public

3 demand for the use of public land, making it dif4 ficult for Federal managers to address problems cre5 ated by the existence of inholdings in many areas;

6 (10) in many cases, inholders and the Federal

7 Government would mutually benefit from Federal

8 acquisition of the land on a priority basis;

9 (11) proceeds generated from the disposal of

10 public land may be properly dedicated to the acquisi11 tion of inholdings and other land that will improve

12 the resource management ability of the Federal land

13 management agencies and adjoining landowners;

14 (12) using proceeds generated from the disposal

15 of public land to purchase inholdings and other such

16 land from willing sellers would enhance the ability of

17 the Federal land management agencies to—

18 (A) work cooperatively with private land19 owners and State and local governments; and

20 (B) promote consolidation of the ownership

21 of public and private land in a manner that

22 would allow for better overall resource manage23 ment;

24 (13) in certain locations, the sale of public land

25 that has been identified for disposal is the best way
41

•S 1892 IS

1 for the public to receive fair market value for the

2 land; and

3 (14) to allow for the least disruption of existing

4 land and resource management programs, the Bu5 reau of Land Management may use non-Federal en6 tities to prepare appraisal documents for agency re7 view and approval consistent with applicable provi8 sions of the Uniform Standards for Federal Land

9 Acquisition.

10 SEC. 203. DEFINITIONS.

11 In this title:

12 (1) EXCEPTIONAL RESOURCE.—The term ‘‘ex13 ceptional resource’’ means a resource of scientific,

14 historic, cultural, or recreational value that has been

15 documented by a Federal, State, or local govern16 mental authority, and for which extraordinary con17 servation and protection is required to maintain the

18 resource for the benefit of the public.

19 (2) FEDERALLY DESIGNATED AREA.—The term

20 ‘‘federally designated area’’ means land in Alaska

21 and the eleven contiguous Western States (as de22 fined in section 103 of the Federal Land Policy and

23 Management Act of 1976 (43 U.S.C. 1702)) that on

24 the date of enactment of this Act was within the

25 boundary of—
42

•S 1892 IS

1 (A) a national monument, area of critical

2 environmental concern, national conservation

3 area, national riparian conservation area, na4 tional recreation area, national scenic area, na5 tional volcanic area, research natural area, na6 tional outstanding natural area, or a national

7 natural landmark managed by the Bureau of

8 Land Management or under the National For9 est System;

10 (B) a unit of the National Park System;

11 (C) a unit of the National Wildlife Refuge

12 System; or

13 (D) a wilderness area designated under the

14 Wilderness Act (16 U.S.C. 1131 et seq.), the

15 Wild and Scenic Rivers Act (16 U.S.C. 1271 et

16 seq.), or the National Trails System Act (16

17 U.S.C. 1241 et seq.), or areas of the National

18 Forest System designated for special manage19 ment by an Act of Congress,

20 (3) INHOLDING.—The term ‘‘inholding’’ means

21 any right, title, or interest, held by a non-Federal

22 entity, in or to a tract of land that lies within the

23 boundary of a federally designated area.

24 (4) PUBLIC LAND.—The term ‘‘public land’’

25 means public lands (as defined in section 103 of the
43

•S 1892 IS

1 Federal Land Policy and Management Act of 1976

2 (43 U.S.C. 1702)).

3 (5) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

5 SEC. 204. IDENTIFICATION OF INHOLDINGS.

6 (a) IN GENERAL.—The Secretary and the Secretary

7 of Agriculture shall establish a procedure to—

8 (1) identify, by State, inholdings for which the

9 landowner has indicated a desire to sell the land or

10 an interest in land to the Federal Government; and

11 (2) establish the date on which the land or in12 terest in land identified became an inholding.

13 (b) NOTICE OF POLICY.—The Secretary and the Sec14 retary of Agriculture shall provide, in the Federal Register

15 and through such other means as the Secretaries may de16 termine to be appropriate, periodic notice to the public of

17 the policy under subsection (a), including any information

18 required to consider an inholding for acquisition under

19 section 206.

20 (c) IDENTIFICATION.—An inholding—

21 (1) shall be considered for identification under

22 this section only if the Secretary or the Secretary of

23 Agriculture receive notification of a desire to sell

24 from the landowner in response to public notice

25 given under subsection (b); and
44

•S 1892 IS

1 (2) shall be deemed to have been established as

2 of the later of—

3 (A) the earlier of—

4 (i) the date on which the land was

5 withdrawn from the public domain; or

6 (ii) the date on which the land was es7 tablished or designated for special manage8 ment; or

9 (B) the date on which the inholding was

10 acquired by the current owner.

11 (d) NO OBLIGATION TO CONVEY OR ACQUIRE.—The

12 identification of an inholding under this section creates no

13 obligation on the part of a landowner to convey the

14 inholding or any obligation on the part of the United

15 States to acquire the inholding.

16 SEC. 205. DISPOSAL OF PUBLIC LAND.

17 (a) IN GENERAL.—The Secretary shall establish a

18 program, using funds made available under section 206,

19 to complete appraisals and satisfy other legal require20 ments for the sale or exchange of public land identified

21 for disposal under approved land use plans (as in effect

22 on the date of enactment of this Act) under section 202

23 of the Federal Land Policy and Management Act of 1976

24 (43 U.S.C. 1712).

25 (b) SALE OF PUBLIC LAND.—
45

•S 1892 IS

1 (1) IN GENERAL.—The sale of public land so

2 identified shall be conducted in accordance with sec3 tions 203 and 209 of the Federal Land Policy and

4 Management Act of 1976 (43 U.S.C. 1713, 1719).

5 (2) EXCEPTIONS TO COMPETITIVE BIDDING RE6 QUIREMENTS.—The exceptions to competitive bid7 ding requirements under section 203(f) of the Fed8 eral Land Policy and Management Act of 1976 (43

9 U.S.C. 1713(f)) shall apply to this section in cases

10 in which the Secretary determines it to be necessary.

11 (c) REPORT IN PUBLIC LAND STATISTICS.—The Sec12 retary shall provide in the annual publication of Public

13 Land Statistics, a report of activities under this section.

14 (d) TERMINATION OF AUTHORITY.—The authority

15 provided under this section shall terminate 10 years after

16 the date of enactment of this Act.

17 SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

18 (a) DEPOSIT OF PROCEEDS.—Notwithstanding any

19 other law (except a law that specifically provides for a pro20 portion of the proceeds to be distributed to any trust funds

21 of any States), the gross proceeds of the sale or exchange

22 of public land under this Act shall be deposited in a sepa23 rate account in the Treasury of the United States to be

24 known as the ‘‘Federal Land Disposal Account’’.
46

•S 1892 IS

1 (b) AVAILABILITY.—Amounts in the Federal Land

2 Disposal Account shall be available to the Secretary and

3 the Secretary of Agriculture, without further Act of appro4 priation, to carry out this title.

5 (c) USE OF THE FEDERAL LAND DISPOSAL AC6 COUNT.—

7 (1) IN GENERAL.—Funds in the Federal Land

8 Disposal Account shall be expended in accordance

9 with this subsection.

10 (2) FUND ALLOCATION.—

11 (A) PURCHASE OF LAND.—Except as au12 thorized under subparagraph (C), funds shall

13 be used to purchase—

14 (i) inholdings; and

15 (ii) land that is adjacent to federally

16 designated areas and contains exceptional

17 resources.

18 (B) INHOLDINGS.—Not less than 80 per19 cent of the funds allocated for the purchase of

20 land within each State shall be used to acquire

21 inholdings identified under section 204.

22 (C) ADMINISTRATIVE AND OTHER EX23 PENSES.—An amount not to exceed 20 percent

24 of the funds in the Federal Land Disposal Ac25 count shall be used by the Secretary for admin-
47

•S 1892 IS

1 istrative and other expenses necessary to carry

2 out the land disposal program under section

3 205.

4 (D) SAME STATE PURCHASES.—Of the

5 amounts not used under subparagraph (C), not

6 less than 80 percent shall be expended within

7 the State in which the funds were generated.

8 Any remaining funds may be expended in any

9 other State.

10 (3) PRIORITY.—The Secretary and the Sec11 retary of Agriculture may each develop and use cri12 teria for priority of acquisition that are based on—

13 (A) the date on which land or interest in

14 land became an inholding;

15 (B) the existence of exceptional resources

16 on the land; and

17 (C) management efficiency.

18 (4) BASIS OF SALE.—Any acquisition of land

19 under this section shall be—

20 (A) from a willing seller;

21 (B) contingent on the conveyance of title

22 acceptable to the Secretary, or the Secretary of

23 Agriculture in the case of an acquisition of Na24 tional Forest System land, using title standards

25 of the Attorney General; and
48

•S 1892 IS

1 (C) at a price not to exceed fair market

2 value consistent with applicable provisions of

3 the Uniform Appraisal Standards for Federal

4 Land Acquisitions.

5 (d) CONTAMINATED SITES AND SITES DIFFICULT

6 AND UNECONOMIC TO MANAGE.—Funds in the Federal

7 Land Disposal Account shall not be used to purchase land

8 or an interest in land that, as determined by the Secretary

9 or the Secretary of Agriculture—

10 (1) contains a hazardous substances or is other11 wise contaminated; or

12 (2) because of the location or other characteris13 tics of the land, would be difficult or uneconomic to

14 manage as Federal land.

15 (e) LAND AND WATER CONSERVATION FUND ACT.—

16 Funds made available under this section shall be supple17 mental to any funds appropriated under the Land and

18 Water Conservation Fund Act (16 U.S.C. 460l–4 et seq.).

19 (f) TERMINATION.—On termination of activities

20 under section 5—

21 (1) the Federal Land Disposal Account shall be

22 terminated; and

23 (2) any remaining balance in the account shall

24 become available for appropriation under section 3
49

•S 1892 IS

1 of the Land and Water Conservation Fund Act (16

2 U.S.C. 460l–6).

3 SEC. 207. SPECIAL PROVISIONS.

4 (a) IN GENERAL.—Nothing in this title provides an

5 exemption from any limitation on the acquisition of land

6 or interest in land under any Federal Law in effect on

7 the date of enactment of this Act.

8 (b) OTHER LAW.—This title shall not apply to land

9 eligible for sale under—

10 (1) Public Law 96–568 (commonly known as

11 the ‘‘Santini-Burton Act’’) (94 Stat. 3381); or

12 (2) the Southern Nevada Public Land Manage13 ment Act of 1998 (112 Stat. 2343).

14 (c) EXCHANGES.—Nothing in this title precludes,

15 preempts, or limits the authority to exchange land under

16 authorities providing for the exchange of Federal lands,

17 including but not limited to—

18 (1) the Federal Land Policy and Management

19 Act of 1976 (43 U.S.C. 1701 et seq.); or

20 (2) the Federal Land Exchange Facilitation Act

21 of 1988 (102 Stat. 1086) or the amendments made

22 by that Act.

23 (d) NO NEW RIGHT OR BENEFIT.—Nothing in this

24 Act creates a right or benefit, substantive or procedural,

25 enforceable at law or in equity by a party against the
50

•S 1892 IS

1 United States, its agencies, its officers, or any other per2 son.

Æ