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Union Calendar No. 408

106TH CONGRESS

2D SESSION S. 1892

[Report No. 106–724]

IN THE HOUSE OF REPRESENTATIVES

MAY 2, 2000

Referred to the Committee on Resources

JULY 11, 2000

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

AN ACT

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,
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1 TITLE I—VALLES CALDERA NA2 TIONAL PRESERVE AND

3 TRUST

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Valles Caldera Preser6 vation Act’’.

7 SEC. 102. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds that—

9 (1) the Baca ranch comprises most of the

10 Valles Caldera in central New Mexico, and con11 stitutes a unique land mass, with significant sci12 entific, cultural, historic, recreational, ecological,

13 wildlife, fisheries, and productive values;

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

15 dome with potential geothermal activity;

16 (3) the land comprising the Baca ranch was

17 originally granted to the heirs of Don Luis Maria

18 Cabeza de Vaca in 1860;

19 (4) historical evidence, in the form of old log20 ging camps and other artifacts, and the history of

21 territorial New Mexico indicate the importance of

22 this land over many generations for domesticated

23 livestock production and timber supply;

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

25 the current owners, including selective timbering,
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1 limited grazing and hunting, and the use of pre2 scribed fire, have preserved a mix of healthy range

3 and timber land with significant species diversity,

4 thereby serving as a model for sustainable land de5 velopment and use;

6 (6) the Baca ranch’s natural beauty and abun7 dant resources, and its proximity to large municipal

8 populations, could provide numerous recreational op9 portunities for hiking, fishing, camping, cross-coun10 try skiing, and hunting;

11 (7) the Forest Service documented the scenic

12 and natural values of the Baca ranch in its 1993

13 study entitled ‘‘Report on the Study of the Baca Lo14 cation No. 1, Santa Fe National Forest, New Mex15 ico’’, as directed by Public Law 101–556;

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

17 and future generations by continued operation as a

18 working ranch under a unique management regime

19 which would protect the land and resource values of

20 the property and surrounding ecosystem while allow21 ing and providing for the ranch to eventually become

22 financially self-sustaining;

23 (9) the current owners have indicated that they

24 wish to sell the Baca ranch, creating an opportunity
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1 for Federal acquisition and public access and enjoy2 ment of these lands;

3 (10) certain features on the Baca ranch have

4 historical and religious significance to Native Ameri5 cans which can be preserved and protected through

6 Federal acquisition of the property;

7 (11) the unique nature of the Valles Caldera

8 and the potential uses of its resources with different

9 resulting impacts warrants a management regime

10 uniquely capable of developing an operational pro11 gram for appropriate preservation and development

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

13 interest of the public;

14 (12) an experimental management regime

15 should be provided by the establishment of a Trust

16 capable of using new methods of public land man17 agement that may prove to be cost-effective and en18 vironmentally sensitive; and

19 (13) the Secretary may promote more efficient

20 management of the Valles Caldera and the water21 shed of the Santa Clara Creek through the assign22 ment of purchase rights of such watershed to the

23 Pueblo of Santa Clara.

24 (b) PURPOSES.—The purposes of this title are—
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1 (1) to authorize Federal acquisition of the Baca

2 ranch;

3 (2) to protect and preserve for future genera4 tions the scientific, scenic, historic, and natural val5 ues of the Baca ranch, including rivers and eco6 systems and archaeological, geological, and cultural

7 resources;

8 (3) to provide opportunities for public recre9 ation;

10 (4) to establish a demonstration area for an ex11 perimental management regime adapted to this

12 unique property which incorporates elements of pub13 lic and private administration in order to promote

14 long term financial sustainability consistent with the

15 other purposes enumerated in this subsection; and

16 (5) to provide for sustained yield management

17 of Baca ranch for timber production and domes18 ticated livestock grazing insofar as is consistent with

19 the other purposes stated herein.

20 SEC. 103. DEFINITIONS.

21 In this title:

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

23 means the lands and facilities described in this sec24 tion 104(a).
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1 (2) BOARD OF TRUSTEES.—The terms ‘‘Board

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

3 Trustees as describe in section 107.

4 (3) COMMITTEES OF CONGRESS.—The term

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

6 Energy and Natural Resources of the Senate and

7 the Committee on Resources of the House of Rep8 resentatives.

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

10 ‘‘financially self-sustaining’’ means management and

11 operating expenditures equal to or less than pro12 ceeds derived from fees and other receipts for re13 source use and development and interest on invested

14 funds. Management and operating expenditures shall

15 include Trustee expenses, salaries and benefits of

16 staff, administrative and operating expenses, im17 provements to and maintenance of lands and facili18 ties of the Preserve, and other similar expenses.

19 Funds appropriated to the Trust by Congress, either

20 directly or through the Secretary, for the purposes

21 of this title shall not be considered.

22 (5) MULTIPLE USE AND SUSTAINED YIELD.—

23 The term ‘‘multiple use and sustained yield’’ has the

24 combined meaning of the terms ‘‘multiple use’’ and

25 ‘‘sustained yield of the several products and serv-
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1 ices’’, as defined under the Multiple-Use Sustained2 Yield Act of 1960 (16 U.S.C. 531).

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

4 the Valles Caldera National Preserve established

5 under section 105.

6 (7) SECRETARY.—Except where otherwise pro7 vided, the term ‘‘Secretary’’ means the Secretary of

8 Agriculture.

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

10 Valles Caldera Trust established under section 106.

11 SEC. 104. ACQUISITION OF LANDS.

12 (a) ACQUISITION OF BACA RANCH.—

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

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

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

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

17 acres of the Baca ranch, comprising the lands, facili18 ties, and structures referred to as the Baca Location

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

20 ‘‘Independent Resurvey of the Baca Location No.

21 1’’, made by L.A. Osterhoudt, W.V. Hall, and

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

23 June 30, 1920–August 24, 1921, under special in24 structions for Group No. 107 dated February 12,

25 1920, in New Mexico.
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1 (2) SOURCE OF FUNDS.—The acquisition under

2 paragraph (1) may be made by purchase through

3 appropriated or donated funds, by exchange, by con4 tribution, or by donation of land. Funds appro5 priated to the Secretary from the Land and Water

6 Conservation Fund shall be available for this pur7 pose.

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

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

10 in conformity with the Uniform Appraisal Standards

11 for Federal Land Acquisitions and—

12 (A) in the case of purchase, such purchase

13 shall be on a willing seller basis for no more

14 than the fair market value of the land or inter15 ests therein acquired; and

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

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

18 value, in conformity with the existing exchange

19 authorities of the Secretary.

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

21 lands to the United States under this subsection

22 shall be by general warranty or other deed accept23 able to the Secretary and in conformity with applica24 ble title standards of the Attorney General.
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1 (b) ADDITION OF LAND TO BANDELIER NATIONAL

2 MONUMENT.—Upon acquisition of the Baca ranch under

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

4 administrative jurisdiction over those lands within the

5 boundaries of the Bandelier National Monument as modi6 fied under section 3 of Public Law 105–376 (112 Stat.

7 3389).

8 (c) PLAT AND MAPS.—

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

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

11 plat or map shall prevail.

12 (2) MINOR CORRECTIONS.—The Secretary and

13 the Secretary of the Interior may make minor cor14 rections in the boundaries of the Upper Alamo wa15 tershed as depicted on the map referred to in section

16 3 of Public Law 105–376 (112 Stat. 3389).

17 (3) BOUNDARY MODIFICATION.—Upon the con18 veyance of any lands to any entity other than the

19 Secretary, the boundary of the Preserve shall be

20 modified to exclude such lands.

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

22 of acquisition of the Baca ranch under subsection

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

24 shall submit to the Committees of Congress a final
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1 map of the Preserve and a final map of Bandelier

2 National Monument, respectively.

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

4 referred to in the subsection shall be kept and made

5 available for public inspection in the offices of the

6 Chief, Forest Service, and Director, National Park

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

8 Fe National Forest, and Superintendent, Bandelier

9 National Monument, in the State of New Mexico.

10 (d) WATERSHED MANAGEMENT REPORT.—The Sec11 retary, acting through the Forest Service, in cooperation

12 with the Secretary of the Interior, acting through the Na13 tional Park Service, shall—

14 (1) prepare a report of management alter15 natives which may—

16 (A) provide more coordinated land man17 agement within the area known as the upper

18 watersheds of Alamo, Capulin, Medio, and

19 Sanchez Canyons, including the areas known as

20 the Dome Diversity Unit and the Dome Wilder21 ness;

22 (B) allow for improved management of elk

23 and other wildlife populations ranging between

24 the Santa Fe National Forest and the Ban25 delier National Monument; and
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1 (C) include proposed boundary adjust2 ments between the Santa Fe National Forest

3 and the Bandelier National Monument to facili4 tate the objectives under subparagraphs (A)

5 and (B); and

6 (2) submit the report to the Committees of

7 Congress within 120 days of the date of enactment

8 of this title.

9 (e) OUTSTANDING MINERAL INTERESTS.—The ac10 quisition of the Baca ranch by the Secretary shall be sub11 ject to all outstanding valid existing mineral interests. The

12 Secretary is authorized and directed to negotiate with the

13 owners of any fractional interest in the subsurface estate

14 for the acquisition of such fractional interest on a willing

15 seller basis for not to exceed its fair market value, as de16 termined by appraisal done in conformity with the Uni17 form Appraisal Standards for Federal Land Acquisitions.

18 Any such interests acquired within the boundaries of the

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

20 shall be administered by the Secretary of the Interior as

21 part of Bandelier National Monument.

22 (f) BOUNDARIES OF THE BACA RANCH.—For pur23 poses of section 7 of the Land and Water Conservation

24 Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries
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1 of the Baca ranch shall be treated as if they were National

2 Forest boundaries existing as of January 1, 1965.

3 (g) PUEBLO OF SANTA CLARA.—

4 (1) IN GENERAL.—The Secretary may assign to

5 the Pueblo of Santa Clara rights to acquire for fair

6 market value portions of the Baca ranch. The por7 tion that may be assigned shall be determined by

8 mutual agreement between the Pueblo and the Sec9 retary based on optimal management considerations

10 for the Preserve including manageable land line loca11 tions, public access, and retention of scenic and nat12 ural values. All appraisals shall be done in con13 formity with the Uniform Appraisal Standards for

14 Federal Land Acquisition.

15 (2) STATUS OF LAND ACQUIRED.—As of the

16 date of acquisition, the fee title lands, and any min17 eral estate underlying such lands, acquired under

18 this subsection by the Pueblo of Santa Clara are

19 deemed transferred into trust in the name of the

20 United States for the benefit of the Pueblo of Santa

21 Clara and such lands and mineral estate are de22 clared to be part of the existing Santa Clara Indian

23 Reservation.

24 (3) MINERAL ESTATE.—Any mineral estate ac25 quired by the United States pursuant to section
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1 104(e) underlying fee title lands acquired by the

2 Pueblo of Santa Clara shall not be developed without

3 the consent of the Secretary of the Interior and the

4 Pueblo of Santa Clara.

5 (4) SAVINGS.—Any reservations, easements,

6 and covenants contained in an assignment agree7 ment entered into under paragraph (1) shall not be

8 affected by the acquisition of the Baca ranch by the

9 United States, the assumption of management by

10 the Valles Caldera Trust, or the lands acquired by

11 the Pueblo being taken into trust.

12 SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.

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

14 of the Baca ranch under section 104(a), there is hereby

15 established the Valles Caldera National Preserve as a unit

16 of the National Forest System which shall include all Fed17 eral lands and interests in land acquired under sections

18 104(a) and 104(e), except those lands and interests in

19 land administered or held in trust by the Secretary of the

20 Interior under sections 104(b) and 104(g), and shall be

21 managed in accordance with the purposes and require22 ments of this title.

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

24 is established are to protect and preserve the scientific,

25 scenic, geologic, watershed, fish, wildlife, historic, cultural,
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1 and recreational values of the Preserve, and to provide for

2 multiple use and sustained yield of renewable resources

3 within the Preserve, consistent with this title.

4 (c) MANAGEMENT AUTHORITY.—Except for the pow5 ers of the Secretary enumerated in this title, the Preserve

6 shall be managed by the Valles Caldera Trust established

7 by section 106.

8 (d) ELIGIBILITY FOR PAYMENT IN LIEU OF

9 TAXES.—Lands acquired by the United States under sec10 tion 104(a) shall constitute entitlement lands for purposes

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

12 6904).

13 (e) WITHDRAWALS.—

14 (1) IN GENERAL.—Upon acquisition of all inter15 ests in minerals within the boundaries of the Baca

16 ranch under section 104(e), subject to valid existing

17 rights, the lands comprising the Preserve are there18 by withdrawn from disposition under all laws per19 taining to mineral leasing, including geothermal

20 leasing.

21 (2) MATERIALS FOR ROADS AND FACILITIES.—

22 Nothing in this title shall preclude the Secretary,

23 prior to assumption of management of the Preserve

24 by the Trust, and the Trust thereafter, from allow25 ing the utilization of common varieties of mineral
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1 materials such as sand, stone, and gravel as nec2 essary for construction and maintenance of roads

3 and facilities within the Preserve.

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

5 construed as affecting the responsibilities of the State of

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

7 regulation of hunting, fishing, and trapping within the

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

9 the Secretary and the State of New Mexico, designate

10 zones where and establish periods when no hunting, fish11 ing, or trapping shall be permitted for reasons of public

12 safety, administration, the protection of nongame species

13 and their habitats, or public use and enjoyment.

14 (g) REDONDO PEAK.—

15 (1) IN GENERAL.—For the purposes of pre16 serving the natural, cultural, religious, and historic

17 resources on Redondo Peak upon acquisition of the

18 Baca ranch under section 104(a), except as provided

19 in paragraph (2), within the area of Redondo Peak

20 above 10,000 feet in elevation—

21 (A) no roads, structures, or facilities shall

22 be constructed; and

23 (B) no motorized access shall be allowed.

24 (2) EXCEPTIONS.—Nothing in this subsection

25 shall preclude—
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1 (A) the use and maintenance of roads and

2 trails existing as of the date of enactment of

3 this Act;

4 (B) the construction, use and maintenance

5 of new trails, and the relocation of existing

6 roads, if located to avoid Native American reli7 gious and cultural sites; and

8 (C) motorized access necessary to admin9 ister the area by the Trust (including measures

10 required in emergencies involving the health or

11 safety of persons within the area).

12 SEC. 106. THE VALLES CALDERA TRUST.

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

14 wholly owned government corporation known as the Valles

15 Caldera Trust which is empowered to conduct business in

16 the State of New Mexico and elsewhere in the United

17 States in furtherance of its corporate purposes.

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

19 Trust are—

20 (1) to provide management and administrative

21 services for the Preserve;

22 (2) to establish and implement management

23 policies which will best achieve the purposes and re24 quirements of this title;
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1 (3) to receive and collect funds from private

2 and public sources and to make dispositions in sup3 port of the management and administration of the

4 Preserve; and

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

6 governmental units, and with Indian tribes and

7 Pueblos, to further the purposes for which the Pre8 serve was established.

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

10 necessary and proper powers for the exercise of the au11 thorities vested in it.

12 (d) STAFF.—

13 (1) IN GENERAL.—The Trust is authorized to

14 appoint and fix the compensation and duties of an

15 executive director and such other officers and em16 ployees as it deems necessary without regard to the

17 provisions of title 5, United States Code, governing

18 appointments in the competitive service, and may

19 pay them without regard to the provisions of chapter

20 51, and subchapter III of chapter 53, title 5, United

21 States Code, relating to classification and General

22 Schedule pay rates. No employee of the Trust shall

23 be paid at a rate in excess of that payable to the Su24 pervisor of the Santa Fe National Forest or the Su-
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1 perintendent of the Bandelier National Monument,

2 whichever is greater.

3 (2) FEDERAL EMPLOYEES.—

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

5 this title, employees of the Trust shall be Fed6 eral employees as defined by title 5, United

7 States Code, and shall be subject to all rights

8 and obligations applicable thereto.

9 (B) USE OF FEDERAL EMPLOYEES.—At

10 the request of the Trust, the employees of any

11 Federal agency may be provided for implemen12 tation of this title. Such employees detailed to

13 the Trust for more than 30 days shall be pro14 vided on a reimbursable basis.

15 (e) GOVERNMENT CORPORATION.—

16 (1) IN GENERAL.—The Trust shall be a Gov17 ernment Corporation subject to chapter 91 of title

18 31, United States Code (commonly referred to as

19 the Government Corporation Control Act). Financial

20 statements of the Trust shall be audited annually in

21 accordance with section 9105 of title 31 of the

22 United States Code.

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

24 each year, the Trust shall submit to the Secretary

25 and the Committees of Congress a comprehensive
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1 and detailed report of its operations, activities, and

2 accomplishments for the prior year including infor3 mation on the status of ecological, cultural, and fi4 nancial resources being managed by the Trust, and

5 benefits provided by the Preserve to local commu6 nities. The report shall also include a section that

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

8 (3) ANNUAL BUDGET.—

9 (A) IN GENERAL.—The Trust shall pre10 pare an annual budget with the goal of achiev11 ing a financially self-sustaining operation within

12 15 full fiscal years after the date of acquisition

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

14 (B) BUDGET REQUEST.—The Secretary

15 shall provide necessary assistance (including

16 detailees as necessary) to the Trust for the

17 timely formulation and submission of the an18 nual budget request for appropriations, as au19 thorized under section 111(a), to support the

20 administration, operation, and maintenance of

21 the Preserve.

22 (f) TAXES.—The Trust and all properties adminis23 tered by the Trust shall be exempt from all taxes and spe24 cial assessments of every kind by the State of New Mexico,
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1 and its political subdivisions including the counties of

2 Sandoval and Rio Arriba.

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

4 donations of funds, property, supplies, or services from in5 dividuals, foundations, corporations, and other private or

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

7 The Secretary, prior to assumption of management of the

8 Preserve by the Trust, and the Trust thereafter, may ac9 cept donations from such entities notwithstanding that

10 such donors may conduct business with the Department

11 of Agriculture or any other department or agency of the

12 United States.

13 (h) PROCEEDS.—

14 (1) IN GENERAL.—Notwithstanding sections

15 1341 and 3302 of title 31 of the United States

16 Code, all monies received from donations under sub17 section (g) or from the management of the Preserve

18 shall be retained and shall be available, without fur19 ther appropriation, for the administration, preserva20 tion, restoration, operation and maintenance, im21 provement, repair, and related expenses incurred

22 with respect to properties under its management ju23 risdiction.

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

25 Treasury of the United States a special interest
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1 bearing fund entitled ‘‘Valles Caldera Fund’’ which

2 shall be available, without further appropriation for

3 any purpose consistent with the purposes of this

4 title. At the option of the Trust, or the Secretary

5 in accordance with section 110, the Secretary of the

6 Treasury shall invest excess monies of the Trust in

7 such account, which shall bear interest at rates de8 termined by the Secretary of the Treasury taking

9 into consideration the current average market yield

10 on outstanding marketable obligations of the United

11 States of comparable maturity.

12 (i) RESTRICTIONS ON DISPOSITION OF RECEIPTS.—

13 Any funds received by the Trust, or the Secretary in ac14 cordance with section 109(b), from the management of the

15 Preserve shall not be subject to partial distribution to the

16 State under—

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

18 making appropriations for the Department of Agri19 culture for the fiscal year ending June thirtieth,

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

21 192; 16 U.S.C. 500);

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

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

24 (3) any other law.
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1 (j) SUITS.—The Trust may sue and be sued in its

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

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

4 be the State of New Mexico. The Trust shall be rep5 resented by the Attorney General in any litigation arising

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

7 may retain private attorneys to provide advice and coun8 sel.

9 (k) BYLAWS.—The Trust shall adopt necessary by10 laws to govern its activities.

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

12 that all holders of leases from, or parties in contract with,

13 the Trust that are authorized to occupy, use, or develop

14 properties under the management jurisdiction of the

15 Trust, procure proper insurance against any loss in con16 nection with such properties, or activities authorized in

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

18 (m) NAME AND INSIGNIA.—The Trust shall have the

19 sole and exclusive right to use the words ‘‘Valles Caldera

20 Trust’’, and any seal, emblem, or other insignia adopted

21 by the Board of Trustees. Without express written author22 ity of the Trust, no person may use the words ‘‘Valles

23 Caldera Trust’’ as the name under which that person shall

24 do or purport to do business, for the purpose of trade,
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1 or by way of advertisement, or in any manner that may

2 falsely suggest any connection with the Trust.

3 SEC. 107. BOARD OF TRUSTEES.

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

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

6 (1) VOTING TRUSTEES.—The voting Trustees

7 shall be—

8 (A) the Supervisor of the Santa Fe Na9 tional Forest, United States Forest Service;

10 (B) the Superintendent of the Bandelier

11 National Monument, National Park Service;

12 and

13 (C) 7 individuals, appointed by the Presi14 dent, in consultation with the congressional del15 egation from the State of New Mexico. The 7

16 individuals shall have specific expertise or rep17 resent an organization or government entity as

18 follows—

19 (i) one trustee shall have expertise in

20 aspects of domesticated livestock manage21 ment, production, and marketing, including

22 range management and livestock business

23 management;

24 (ii) one trustee shall have expertise in

25 the management of game and nongame
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1 wildlife and fish populations, including

2 hunting, fishing, and other recreational ac3 tivities;

4 (iii) one trustee shall have expertise in

5 the sustainable management of forest

6 lands for commodity and noncommodity

7 purposes;

8 (iv) one trustee shall be active in a

9 nonprofit conservation organization con10 cerned with the activities of the Forest

11 Service;

12 (v) one trustee shall have expertise in

13 financial management, budget and pro14 gram analysis, and small business oper15 ations;

16 (vi) one trustee shall have expertise in

17 the cultural and natural history of the re18 gion; and

19 (vii) one trustee shall be active in

20 State or local government in New Mexico,

21 with expertise in the customs of the local

22 area.

23 (2) QUALIFICATIONS.—Of the trustees ap24 pointed by the President—
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1 (A) none shall be employees of the Federal

2 Government; and

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

4 State of New Mexico.

5 (b) INITIAL APPOINTMENTS.—The President shall

6 make the initial appointments to the Board of Trustees

7 within 90 days after acquisition of the Baca ranch under

8 section 104(a).

9 (c) TERMS.—

10 (1) IN GENERAL.—Appointed trustees shall

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

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

13 4 years, and 3 shall serve for a term of 2 years.

14 (2) VACANCIES.—Any vacancy among the ap15 pointed trustees shall be filled in the same manner

16 in which the original appointment was made, and

17 any trustee appointed to fill a vacancy shall serve for

18 the remainder of that term for which his or her

19 predecessor was appointed.

20 (3) LIMITATIONS.—No appointed trustee may

21 serve more than 8 years in consecutive terms.

22 (d) QUORUM.—A majority of trustees shall constitute

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

24 (e) ORGANIZATION AND COMPENSATION.—
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1 (1) IN GENERAL.—The Board shall organize

2 itself in such a manner as it deems most appropriate

3 to effectively carry out the activities of the Trust.

4 (2) COMPENSATION OF TRUSTEES.—Trustees

5 shall serve without pay, but may be reimbursed from

6 the funds of the Trust for the actual and necessary

7 travel and subsistence expenses incurred by them in

8 the performance of their duties.

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

10 the membership of the Board.

11 (f) LIABILITY OF TRUSTEES.—Appointed trustees

12 shall not be considered Federal employees by virtue of

13 their membership on the Board, except for purposes of

14 the Federal Tort Claims Act, the Ethics in Government

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

16 States Code.

17 (g) MEETINGS.—

18 (1) LOCATION AND TIMING OF MEETINGS.—

19 The Board shall meet in sessions open to the public

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

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

22 statement of the reasons therefore, the Board may

23 close any other meetings to the public: Provided,

24 That any final decision of the Board to adopt or

25 amend the comprehensive management program
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1 under section 108(d) or to approve any activity re2 lated to the management of the land or resources of

3 the Preserve shall be made in open public session.

4 (2) PUBLIC INFORMATION.—In addition to

5 other requirements of applicable law, the Board shall

6 establish procedures for providing appropriate public

7 information and periodic opportunities for public

8 comment regarding the management of the Preserve.

9 SEC. 108. RESOURCE MANAGEMENT.

10 (a) ASSUMPTION OF MANAGEMENT.—The Trust

11 shall assume all authority provided by this title to manage

12 the Preserve upon a determination by the Secretary, which

13 to the maximum extent practicable shall be made within

14 60 days after the appointment of the Board, that—

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

16 conduct business; and

17 (2) provision has been made for essential man18 agement services.

19 (b) MANAGEMENT RESPONSIBILITIES.—Upon as20 sumption of management of the Preserve under subsection

21 (a), the Trust shall manage the land and resources of the

22 Preserve and the use thereof including, but not limited

23 to such activities as—

24 (1) administration of the operations of the Pre25 serve;
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1 (2) preservation and development of the land

2 and resources of the Preserve;

3 (3) interpretation of the Preserve and its his4 tory for the public;

5 (4) management of public use and occupancy of

6 the Preserve; and

7 (5) maintenance, rehabilitation, repair, and im8 provement of property within the Preserve.

9 (c) AUTHORITIES.—

10 (1) IN GENERAL.—The Trust shall develop pro11 grams and activities at the Preserve, and shall have

12 the authority to negotiate directly and enter into

13 such agreements, leases, contracts and other ar14 rangements with any person, firm, association, orga15 nization, corporation or governmental entity, includ16 ing without limitation, entities of Federal, State, and

17 local governments, and consultation with Indian

18 tribes and pueblos, as are necessary and appropriate

19 to carry out its authorized activities or fulfill the

20 purposes of this title. Any such agreements may be

21 entered into without regard to section 321 of the Act

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

23 (2) PROCEDURES.—The Trust shall establish

24 procedures for entering into lease agreements and

25 other agreements for the use and occupancy of facili-
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1 ties of the Preserve. The procedures shall ensure

2 reasonable competition, and set guidelines for deter3 mining reasonable fees, terms, and conditions for

4 such agreements.

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

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

7 appurtenant to the Preserve. The Trust may not

8 convey any easement, or enter into any contract,

9 lease, or other agreement related to use and occu10 pancy of property within the Preserve for a period

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

12 lease, or other agreement shall provide that, upon

13 termination of the Trust, such easement, contract,

14 lease or agreement is terminated.

15 (4) APPLICATION OF PROCUREMENT LAWS.—

16 (A) IN GENERAL.—Notwithstanding any

17 other provision of law, Federal laws and regula18 tions governing procurement by Federal agen19 cies shall not apply to the Trust, with the ex20 ception of laws and regulations related to Fed21 eral Government contracts governing health and

22 safety requirements, wage rates, and civil

23 rights.

24 (B) PROCEDURES.—The Trust, in con25 sultation with the Administrator of Federal
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1 Procurement Policy, Office of Management and

2 Budget, shall establish and adopt procedures

3 applicable to the Trust’s procurement of goods

4 and services, including the award of contracts

5 on the basis of contractor qualifications, price,

6 commercially reasonable buying practices, and

7 reasonable competition.

8 (d) MANAGEMENT PROGRAM.—Within two years

9 after assumption of management responsibilities for the

10 Preserve, the Trust shall, in accordance with subsection

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

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

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

14 consistent with such purposes, such program shall provide

15 for—

16 (1) operation of the Preserve as a working

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

18 (2) the protection and preservation of the sci19 entific, scenic, geologic, watershed, fish, wildlife, his20 toric, cultural and recreational values of the Pre21 serve;

22 (3) multiple use and sustained yield of renew23 able resources within the Preserve;

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

25 recreation;
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1 (5) renewable resource utilization and manage2 ment alternatives that, to the extent practicable—

3 (A) benefit local communities and small

4 businesses;

5 (B) enhance coordination of management

6 objectives with those on surrounding National

7 Forest System land; and

8 (C) provide cost savings to the Trust

9 through the exchange of services, including but

10 not limited to labor and maintenance of facili11 ties, for resources or services provided by the

12 Trust; and

13 (6) optimizing the generation of income based

14 on existing market conditions, to the extent that it

15 does not unreasonably diminish the long-term scenic

16 and natural values of the area, or the multiple use

17 and sustained yield capability of the land.

18 (e) PUBLIC USE AND RECREATION.—

19 (1) IN GENERAL.—The Trust shall give thor20 ough consideration to the provision of appropriate

21 opportunities for public use and recreation that are

22 consistent with the other purposes under section

23 105(b). The Trust is expressly authorized to con24 struct and upgrade roads and bridges, and provide

25 other facilities for activities including, but not lim-
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1 ited to camping and picnicking, hiking, and cross

2 country skiing. Roads, trails, bridges, and rec3 reational facilities constructed within the Preserve

4 shall meet public safety standards applicable to units

5 of the National Forest System and the State of New

6 Mexico.

7 (2) FEES.—Notwithstanding any other provi8 sion of law, the Trust is authorized to assess reason9 able fees for admission to, and the use and occu10 pancy of, the Preserve: Provided, That admission

11 fees and any fees assessed for recreational activities

12 shall be implemented only after public notice and a

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

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

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

16 interim planning period of no more than two years,

17 the public shall have reasonable access to the Pre18 serve for recreation purposes. The Secretary, prior

19 to assumption of management of the Preserve by the

20 Trust, and the Trust thereafter, may reasonably

21 limit the number and types of recreational admis22 sions to the Preserve, or any part thereof, based on

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

24 The use of reservation or lottery systems is expressly

25 authorized to implement this paragraph.
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1 (f) APPLICABLE LAWS.—

2 (1) IN GENERAL.—The Trust, and the Sec3 retary in accordance with section 109(b), shall ad4 minister the Preserve in conformity with this title

5 and all laws pertaining to the National Forest Sys6 tem, except the Forest and Rangeland Renewable

7 Resources Planning Act of 1974, as amended (16

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

9 (2) ENVIRONMENTAL LAWS.—The Trust shall

10 be deemed a Federal agency for the purposes of

11 compliance with Federal environmental laws.

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

13 to Federal property shall apply to the same extent

14 as on adjacent units of the National Forest System.

15 (4) REPORTS ON APPLICABLE RULES AND REG16 ULATIONS.—The Trust may submit to the Secretary

17 and the Committees of Congress a compilation of

18 applicable rules and regulations which in the view of

19 the Trust are inappropriate, incompatible with this

20 title, or unduly burdensome.

21 (5) CONSULTATION WITH TRIBES AND PUEB22 LOS.—The Trust is authorized and directed to co23 operate and consult with Indian tribes and pueblos

24 on management policies and practices for the Pre25 serve which may affect them. The Trust is author-
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1 ized to allow the use of lands within the Preserve for

2 religious and cultural uses by Native Americans and,

3 in so doing, may set aside places and times of exclu4 sive use consistent with the American Indian Reli5 gious Freedom Act (42 U.S.C. 1996 (note)) and

6 other applicable statutes.

7 (6) NO ADMINISTRATIVE APPEAL.—The admin8 istrative appeals regulations of the Secretary shall

9 not apply to activities of the Trust and decisions of

10 the Board.

11 (g) LAW ENFORCEMENT AND FIRE MANAGEMENT.—

12 The Secretary shall provide law enforcement services

13 under a cooperative agreement with the Trust to the ex14 tent generally authorized in other units of the National

15 Forest System. The Trust shall be deemed a Federal

16 agency for purposes of the law enforcement authorities of

17 the Secretary (within the meaning of section 15008 of the

18 National Forest System Drug Control Act of 1986 (16

19 U.S.C. 559g)). At the request of the Trust, the Secretary

20 may provide fire presuppression, fire suppression, and re21 habilitation services: Provided, That the Trust shall reim22 burse the Secretary for salaries and expenses of fire man23 agement personnel, commensurate with services provided.
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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);
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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 in accordance with this title during the

19 interim period from the date of acquisition of the

20 Baca ranch under section 104(a) to the date of as21 sumption of management of the Preserve by the

22 Trust under section 108. The Secretary may enter

23 into any agreement, lease, contract, or other ar24 rangement on the same basis as the Trust under

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

2 the Secretary shall not exceed two years in duration

3 unless expressly extended by the Trust upon its as4 sumption of management of the Preserve.

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

6 the Secretary from the management of the Preserve

7 during the interim period under paragraph (1) shall

8 be deposited into the ‘‘Valles Caldera Fund’’ estab9 lished under section 106(h)(2), and such monies in

10 the fund shall be available to the Secretary, without

11 further appropriation, for the purpose of managing

12 the Preserve in accordance with the responsibilities

13 and authorities provided to the Trust under section

14 108.

15 (c) SECRETARIAL AUTHORITY.—The Secretary re16 tains the authority to suspend any decision of the Board

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

18 that the decision is clearly inconsistent with this title.

19 Such authority shall only be exercised personally by the

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

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

22 of the decision shall be given to the Committees of Con23 gress. Any suspended decision shall be referred back to

24 the Board for reconsideration.
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1 (d) ACCESS.—The Secretary shall at all times have

2 access to the Preserve for administrative purposes.

3 SEC. 110. TERMINATION OF THE TRUST.

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

5 terminate at the end of the twentieth full fiscal year fol6 lowing acquisition of the Baca ranch under section 104(a).

7 (b) RECOMMENDATIONS.—

8 (1) BOARD.—

9 (A) If after the fourteenth full fiscal years

10 from the date of acquisition of the Baca ranch

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

12 Trust has met the goals and objectives of the

13 comprehensive management program under sec14 tion 108(d), but has not become financially self15 sustaining, the Board may submit to the Com16 mittees of Congress, a recommendation for au17 thorization of appropriations beyond that pro18 vided under this title.

19 (B) During the eighteenth full fiscal year

20 from the date of acquisition of the Baca ranch

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

22 the Secretary its recommendation that the

23 Trust be either extended or terminated includ24 ing the reasons for such recommendation.
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1 (2) SECRETARY.—Within 120 days after receipt

2 of the recommendation of the Board under para3 graph (1)(B), the Secretary shall submit to the

4 Committees of Congress the Board’s recommenda5 tion on extension or termination along with the rec6 ommendation of the Secretary with respect to the

7 same and stating the reasons for such recommenda8 tion.

9 (c) EFFECT OF TERMINATION.—In the event of ter10 mination of the Trust, the Secretary shall assume all man11 agement and administrative functions over the Preserve,

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

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

14 National Forest System.

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

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

17 outstanding liabilities, and any funds remaining shall be

18 transferred to the Secretary for use, without further ap19 propriation, for the management of the Preserve.

20 (e) VALLES CALDERA FUND.—In the event of termi21 nation, the Secretary shall assume the powers of the Trust

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

23 Fund shall not terminate. Any balances remaining in the

24 fund shall be available to the Secretary, without further
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1 appropriation, for any purpose consistent with the pur2 poses of this title.

3 SEC. 111. LIMITATIONS ON FUNDING.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

5 hereby authorized to be appropriated to the Secretary and

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

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

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

9 section 104(a).

10 (b) SCHEDULE OF APPROPRIATIONS.—Within two

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

12 submit to Congress a plan which includes a schedule of

13 annual decreasing appropriated funds that will achieve, at

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

15 Trust within 15 full fiscal years after the date of acquisi16 tion of the Baca ranch under section 104(a).

17 SEC. 112. GENERAL ACCOUNTING OFFICE STUDY.

18 (a) INITIAL STUDY.—Three years after the assump19 tion of management by the Trust, the General Accounting

20 Office shall conduct an interim study of the activities of

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

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

23 not be limited to, details of programs and activities oper24 ated by the Trust and whether it met its obligations under

25 this title.
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1 (b) SECOND STUDY.—Seven years after the assump2 tion of management by the Trust, the General Accounting

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

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

5 of Congress. The study shall provide an assessment of any

6 failure to meet obligations that may be identified under

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

8 Trust to meet its obligations under this title.

9 TITLE II—FEDERAL LAND

10 TRANSACTION FACILITATION

11 SEC. 201. SHORT TITLE.

12 This title may be cited as the ‘‘Federal Land Trans13 action Facilitation Act’’.

14 SEC. 202. FINDINGS.

15 Congress finds that—

16 (1) the Bureau of Land Management has au17 thority under the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1701 et seq.) to sell

19 land identified for disposal under its land use plan20 ning;

21 (2) the Bureau of Land Management has au22 thority under that Act to exchange Federal land for

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

24 public interest;
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1 (3) through land use planning under that Act,

2 the Bureau of Land Management has identified cer3 tain tracts of public land for disposal;

4 (4) the Federal land management agencies of

5 the Departments of the Interior and Agriculture

6 have authority under existing law to acquire land

7 consistent with the mission of each agency;

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

9 disposal and the acquisition of certain non-Federal

10 land from willing landowners would—

11 (A) allow for the reconfiguration of land

12 ownership patterns to better facilitate resource

13 management;

14 (B) contribute to administrative efficiency

15 within Federal land management units; and

16 (C) allow for increased effectiveness of the

17 allocation of fiscal and human resources within

18 the Federal land management agencies;

19 (6) a more expeditious process for disposal and

20 acquisition of land, established to facilitate a more

21 effective configuration of land ownership patterns,

22 would benefit the public interest;

23 (7) many private individuals own land within

24 the boundaries of Federal land management units
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1 and desire to sell the land to the Federal Govern2 ment;

3 (8) such land lies within national parks, na4 tional monuments, national wildlife refuges, national

5 forests, and other areas designated for special man6 agement;

7 (9) Federal land management agencies are fac8 ing increased workloads from rapidly growing public

9 demand for the use of public land, making it dif10 ficult for Federal managers to address problems cre11 ated by the existence of inholdings in many areas;

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

13 Government would mutually benefit from Federal

14 acquisition of the land on a priority basis;

15 (11) proceeds generated from the disposal of

16 public land may be properly dedicated to the acquisi17 tion of inholdings and other land that will improve

18 the resource management ability of the Federal land

19 management agencies and adjoining landowners;

20 (12) using proceeds generated from the disposal

21 of public land to purchase inholdings and other such

22 land from willing sellers would enhance the ability of

23 the Federal land management agencies to—

24 (A) work cooperatively with private land25 owners and State and local governments; and
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1 (B) promote consolidation of the ownership

2 of public and private land in a manner that

3 would allow for better overall resource manage4 ment;

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

6 that has been identified for disposal is the best way

7 for the public to receive fair market value for the

8 land; and

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

10 land and resource management programs, the Bu11 reau of Land Management may use non-Federal en12 tities to prepare appraisal documents for agency re13 view and approval consistent with applicable provi14 sions of the Uniform Standards for Federal Land

15 Acquisition.

16 SEC. 203. DEFINITIONS.

17 In this title:

18 (1) EXCEPTIONAL RESOURCE.—The term ‘‘ex19 ceptional resource’’ means a resource of scientific,

20 natural, historic, cultural, or recreational value that

21 has been documented by a Federal, State, or local

22 governmental authority, and for which there is a

23 compelling need for conservation and protection

24 under the jurisdiction of a Federal agency in order
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1 to maintain the resource for the benefit of the pub2 lic.

3 (2) FEDERALLY DESIGNATED AREA.—The term

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

5 and the eleven contiguous Western States (as de6 fined in section 103(o) of the Federal Land Policy

7 and Management Act of 1976 (43 U.S.C. 1702(o)))

8 that on the date of enactment of this Act was within

9 the boundary of—

10 (A) a national monument, area of critical

11 environmental concern, national conservation

12 area, national riparian conservation area, na13 tional recreation area, national scenic area, re14 search natural area, national outstanding nat15 ural area, or a national natural landmark man16 aged by the Bureau of Land Management;

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

18 (C) a unit of the National Wildlife Refuge

19 System;

20 (D) an area of the National Forest System

21 designated for special management by an Act of

22 Congress; or

23 (E) an area within which the Secretary or

24 the Secretary of Agriculture is otherwise au-
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1 thorized by law to acquire lands or interests

2 therein that is designated as—

3 (i) wilderness under the Wilderness

4 Act (16 U.S.C. 1131 et seq.);

5 (ii) a wilderness study area;

6 (iii) a component of the Wild and Sce7 nic Rivers System under the Wild and Sce8 nic Rivers Act (16 U.S.C. 1271 et seq.); or

9 (iv) a component of the National

10 Trails System under the National Trails

11 System Act (16 U.S.C. 1241 et seq.).

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

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

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

15 boundary of a federally designated area.

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

17 means public lands (as defined in section 103 of the

18 Federal Land Policy and Management Act of 1976

19 (43 U.S.C. 1702)).

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

21 the Secretary of the Interior.

22 SEC. 204. IDENTIFICATION OF INHOLDINGS.

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

24 of Agriculture shall establish a procedure to—
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1 (1) identify, by State, inholdings for which the

2 landowner has indicated a desire to sell the land or

3 interest therein to the United States; and

4 (2) prioritize the acquisition of inholdings in ac5 cordance with section 206(c)(3).

6 (b) PUBLIC NOTICE.—As soon as practicable after

7 the date of enactment of this title and periodically there8 after, the Secretary and the Secretary of Agriculture shall

9 provide public notice of the procedures referred to in sub10 section (a), including any information necessary for the

11 consideration of an inholding under section 206. Such no12 tice shall include publication in the Federal Register and

13 by such other means as the Secretary and the Secretary

14 of Agriculture determine to be appropriate.

15 (c) IDENTIFICATION.—An inholding—

16 (1) shall be considered for identification under

17 this section only if the Secretary or the Secretary of

18 Agriculture receive notification of a desire to sell

19 from the landowner in response to public notice

20 given under subsection (b); and

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

22 of the later of—

23 (A) the earlier of—

24 (i) the date on which the land was

25 withdrawn from the public domain; or
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1 (ii) the date on which the land was es2 tablished or designated for special manage3 ment; or

4 (B) the date on which the inholding was

5 acquired by the current owner.

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

7 identification of an inholding under this section creates no

8 obligation on the part of a landowner to convey the

9 inholding or any obligation on the part of the United

10 States to acquire the inholding.

11 SEC. 205. DISPOSAL OF PUBLIC LAND.

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

13 program, using funds made available under section 206,

14 to complete appraisals and satisfy other legal require15 ments for the sale or exchange of public land identified

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

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

18 of the Federal Land Policy and Management Act of 1976

19 (43 U.S.C. 1712).

20 (b) SALE OF PUBLIC LAND.—

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

22 identified shall be conducted in accordance with sec23 tions 203 and 209 of the Federal Land Policy and

24 Management Act of 1976 (43 U.S.C. 1713, 1719).
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1 (2) EXCEPTIONS TO COMPETITIVE BIDDING RE2 QUIREMENTS.—The exceptions to competitive bid3 ding requirements under section 203(f) of the Fed4 eral Land Policy and Management Act of 1976 (43

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

6 in which the Secretary determines it to be necessary.

7 (c) REPORT IN PUBLIC LAND STATISTICS.—The Sec8 retary shall provide in the annual publication of Public

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

10 (d) TERMINATION OF AUTHORITY.—The authority

11 provided under this section shall terminate 10 years after

12 the date of enactment of this Act.

13 SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

14 (a) DEPOSIT OF PROCEEDS.—Notwithstanding any

15 other law (except a law that specifically provides for a pro16 portion of the proceeds to be distributed to any trust funds

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

18 of public land under this Act shall be deposited in a sepa19 rate account in the Treasury of the United States to be

20 known as the ‘‘Federal Land Disposal Account’’.

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

22 Disposal Account shall be available to the Secretary and

23 the Secretary of Agriculture, without further Act of appro24 priation, to carry out this title.
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1 (c) USE OF THE FEDERAL LAND DISPOSAL AC2 COUNT.—

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

4 Disposal Account shall be expended in accordance

5 with this subsection.

6 (2) FUND ALLOCATION.—

7 (A) PURCHASE OF LAND.—Except as au8 thorized under subparagraph (C), funds shall

9 be used to purchase lands or interests therein

10 that are otherwise authorized by law to be ac11 quired, and that are—

12 (i) inholdings; and

13 (ii) adjacent to federally designated

14 areas and contain exceptional resources.

15 (B) INHOLDINGS.—Not less than 80 per16 cent of the funds allocated for the purchase of

17 land within each State shall be used to acquire

18 inholdings identified under section 204.

19 (C) ADMINISTRATIVE AND OTHER EX20 PENSES.—An amount not to exceed 20 percent

21 of the funds deposited in the Federal Land Dis22 posal Account may be used by the Secretary for

23 administrative and other expenses necessary to

24 carry out the land disposal program under sec25 tion 205.
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1 (D) SAME STATE PURCHASES.—Of the

2 amounts not used under subparagraph (C), not

3 less than 80 percent shall be expended within

4 the State in which the funds were generated.

5 Any remaining funds may be expended in any

6 other State.

7 (3) PRIORITY.—The Secretary and the Sec8 retary of Agriculture shall develop a procedure for

9 prioritizing the acquisition of inholdings and non10 Federal lands with exceptional resources as provided

11 in paragraph (2). Such procedure shall consider—

12 (A) the date the inholding was established

13 (as provided in section 204(c));

14 (B) the extent to which acquisition of the

15 land or interest therein will facilitate manage16 ment efficiency; and

17 (C) such other criteria as the Secretary

18 and the Secretary of Agriculture deem appro19 priate.

20 (4) BASIS OF SALE.—Any land acquired under

21 this section shall be—

22 (A) from a willing seller;

23 (B) contingent on the conveyance of title

24 acceptable to the Secretary, or the Secretary of

25 Agriculture in the case of an acquisition of Na-
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1 tional Forest System land, using title standards

2 of the Attorney General;

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

4 value consistent with applicable provisions of

5 the Uniform Appraisal Standards for Federal

6 Land Acquisitions; and

7 (D) managed as part of the unit within

8 which it is contained.

9 (d) CONTAMINATED SITES AND SITES DIFFICULT

10 AND UNECONOMIC TO MANAGE.—Funds in the Federal

11 Land Disposal Account shall not be used to purchase land

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

13 or the Secretary of Agriculture—

14 (1) contains a hazardous substance or is other15 wise contaminated; or

16 (2) because of the location or other characteris17 tics of the land, would be difficult or uneconomic to

18 manage as Federal land.

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

20 Funds made available under this section shall be supple21 mental to any funds appropriated under the Land and

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

23 (f) TERMINATION.—On termination of activities

24 under section 205—
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1 (1) the Federal Land Disposal Account shall be

2 terminated; and

3 (2) any remaining balance in the account shall

4 become available for appropriation under section 3

5 of the Land and Water Conservation Fund Act (16

6 U.S.C. 460l–6).

7 SEC. 207. SPECIAL PROVISIONS.

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

9 exemption from any limitation on the acquisition of land

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

11 the date of enactment of this Act.

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

13 eligible for sale under—

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

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

16 (2) the Southern Nevada Public Land Manage17 ment Act of 1998 (112 Stat. 2343).

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

19 preempts, or limits the authority to exchange land under

20 authorities providing for the exchange of Federal lands,

21 including but not limited to—

22 (1) the Federal Land Policy and Management

23 Act of 1976 (43 U.S.C. 1701 et seq.); or
54

•S 1892 RH

1 (2) the Federal Land Exchange Facilitation Act

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

3 by that Act.

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

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

6 enforceable at law or in equity by a party against the

7 United States, its agencies, its officers, or any other per8 son.

Passed the Senate April 13, 2000.

Attest: GARY SISCO,

Secretary.

Union Calendar No. 408

106TH CONGRESS

2D SESSION S. 1892

[Report No. 106–724]

AN ACT

To authorize the acquisition of the Valles Caldera,

to provide for an effective land and wildlife management program for this resource within theDepartment of Agriculture, and for other purposes.

JULY 11, 2000

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed