Calendar No. 497

106TH CONGRESS

2D SESSION S. 1892

[Report No. 106–267]

A BILL

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.

APRIL 12, 2000

Reported with an amendment
II

Calendar No. 497

106TH CONGRESS

2D SESSION S. 1892

[Report No. 106–267]

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

APRIL 12, 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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,
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1 TITLE I—VALLES CALDERA NA2 TIONAL PRESERVE AND

3 TRUST

4 SECTION 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’’ means

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

25 and ‘‘sustained yield of the several products and
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1 services’’, as defined under the Multiple-Use Sus2 tained-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 Lower

18 Alamo watershed;

19 (B) allow for improved management of elk

20 and other wildlife populations ranging between

21 the Santa Fe National Forest and the Ban22 delier National Monument; and

23 (C) include proposed boundary adjust24 ments between the Santa Fe National Forest

25 and the Bandelier National Monument to facili-
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1 tate the objectives under subparagraphs (A)

2 and (B); and

3 (2) submit the report to the Committees of

4 Congress within 120 days of the date of enactment

5 of this title.

6 (e) OUTSTANDING MINERAL INTERESTS.—The ac7 quisition of the Baca ranch by the Secretary shall be sub8 ject to all outstanding valid existing mineral interests. The

9 Secretary is authorized and directed to negotiate with the

10 owners of any fractional interest in the subsurface estate

11 for the acquisition of such fractional interest on a willing

12 seller basis for not to exceed their fair market value, as

13 determined by appraisal done in conformity with the Uni14 form Appraisal Standards for Federal Land Acquisitions.

15 Any such interests acquired within the boundaries of the

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

17 shall be administered by the Secretary of the Interior as

18 part of Bandelier National Monument.

19 (f) BOUNDARIES OF THE BACA RANCH.—For pur20 poses of section 7 of the Land and Water Conservation

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

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

23 Forest boundaries existing as of January 1, 1965.

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

25 assign to the Pueblo of Santa Clara rights to acquire for
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1 fair market value portions of the Baca ranch. The portion

2 that may be assigned shall be determined by mutual agree3 ment between the Pueblo and the Secretary based on opti4 mal management considerations for the Preserve including

5 manageable land line locations, public access, and reten6 tion of the scenic and natural values. All appraisals shall

7 be done in conformity with the Uniform Appraisal Stand8 ards for Federal Land Acquisitions.

9 SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.

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

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

12 established the Valles Caldera National Preserve as a unit

13 of the National Forest System which shall include all Fed14 eral lands and interests in land acquired under sections

15 104(a) and 104(e), except those lands and interests in

16 land administered by the Secretary of the Interior under

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

18 the purposes and requirements of this title.

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

20 is established are to protect and preserve the scenic, geo21 logic, watershed, fish, wildlife, historic, cultural, and rec22 reational values of the Preserve, and to provide for mul23 tiple use and sustained yield of renewable resources within

24 the Preserve, consistent with this title.
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1 (c) MANAGEMENT AUTHORITY.—Except for the pow2 ers of the Secretary enumerated in this title, the Preserve

3 shall be managed by the Valles Caldera Trust established

4 by section 106.

5 (d) ELIGIBILITY FOR PAYMENT IN LIEU OF

6 TAXES.—Lands acquired by the United States under sec7 tion 104(a) shall constitute entitlement lands for purposes

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

9 6904).

10 (e) WITHDRAWALS.—

11 (1) IN GENERAL.—Upon acquisition of all inter12 ests in minerals within the boundaries of the Baca

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

14 rights, the lands comprising the Preserve are there15 by withdrawn from disposition under all laws per16 taining to mineral leasing, including geothermal

17 leasing.

18 (2) MATERIALS FOR ROADS AND FACILITIES.—

19 Nothing in this title shall preclude the Secretary,

20 prior to assumption of management of the Preserve

21 by the Trust, and the Trust thereafter, from allow22 ing the utilization of common varieties of mineral

23 materials such as sand, stone, and gravel as nec24 essary for construction and maintenance of roads

25 and facilities within the Preserve.
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1 (f) FISH AND GAME.—Nothing in this title shall be

2 construed as affecting the responsibilities of the State of

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

4 regulation of hunting, fishing, and trapping within the

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

6 the Secretary and the State of New Mexico, designate

7 zones where and establish periods when no hunting, fish8 ing, or trapping shall be permitted for reasons of public

9 safety, administration, the protection of nongame species

10 and their habitats, or public use and enjoyment.

11 SEC. 106. THE VALLES CALDERA TRUST.

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

13 wholly owned government corporation known as the Valles

14 Caldera Trust which is empowered to conduct business in

15 the State of New Mexico and elsewhere in the United

16 States in furtherance of its corporate purposes.

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

18 Trust are—

19 (1) to provide management and administrative

20 services for the Preserve;

21 (2) to establish and implement management

22 policies which will best achieve the purposes and re23 quirements of this title;

24 (3) to receive and collect funds from private

25 and public sources and to make dispositions in sup-
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1 port of the management and administration of the

2 Preserve; and

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

4 governmental units, and with Indian tribes and

5 Pueblos, to further the purposes for which the Pre6 serve was established.

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

8 necessary and proper powers for the exercise of the au9 thorities vested in it.

10 (d) STAFF.—

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

12 appoint and fix the compensation and duties of an

13 executive director and such other officers and em14 ployees as it deems necessary without regard to the

15 provisions of title 5, United States Code, governing

16 appointments in the competitive service, and may

17 pay them without regard to the provisions of chapter

18 51, and subchapter III of chapter 53, title 5, United

19 States Code, relating to classification and General

20 Schedule pay rates. No employee of the Trust shall

21 be paid at a rate in excess of that paid the Super22 visor of the Santa Fe National Forest or the Super23 intendent of the Bandelier National Monument,

24 whichever is greater.

25 (2) FEDERAL EMPLOYEES.—
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1 (A) IN GENERAL.—Except as provided in

2 this title, employees of the Trust shall be Fed3 eral employees as defined by title 5, United

4 States Code, and shall be subject to all rights

5 and obligations applicable thereto.

6 (B) USE OF FEDERAL EMPLOYEES.—At

7 the request of the Trust, the employees of any

8 Federal agency may be provided for implemen9 tation of this title. Such employees detailed to

10 the Trust for more than 30 days shall be pro11 vided on a reimbursable basis.

12 (e) GOVERNMENT CORPORATION.—

13 (1) IN GENERAL.—The Trust shall be a Gov14 ernment Corporation subject to chapter 91 of title

15 31, United States Code (commonly referred to as

16 the Government Corporation Control Act). Financial

17 statements of the Trust shall be audited annually in

18 accordance with section 9105 of title 31 of the

19 United States Code.

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

21 each year, the Trust shall submit to the Secretary

22 and the Committees of Congress a comprehensive

23 and detailed report of its operations, activities, and

24 accomplishments for the prior year including infor25 mation on the status of ecological, cultural, and fi-
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1 nancial resources being managed by the Trust, and

2 benefits provided by the Preserve to local commu3 nities. The report shall also include a section that

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

5 (3) ANNUAL BUDGET.—

6 (A) IN GENERAL.—The Trust shall pre7 pare an annual budget with the goal of achiev8 ing a financially self-sustaining operation within

9 15 full fiscal years after the date of acquisition

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

11 (B) BUDGET REQUEST.—The Secretary

12 shall provide necessary assistance (including

13 detailees as necessary) to the Trust for the

14 timely formulation and submission of the an15 nual budget request for appropriations, as au16 thorized under section 111(a), to support the

17 administration, operation, and maintenance of

18 the Preserve.

19 (f) TAXES.—The Trust and all properties adminis20 tered by the Trust shall be exempt from all taxes and spe21 cial assessments of every kind by the State of New Mexico,

22 and its political subdivisions including the counties of

23 Sandoval and Rio Arriba.

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

25 donations of funds, property, supplies, or services from in-
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1 dividuals, foundations, corporations, and other private or

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

3 The Secretary, prior to assumption of management of the

4 Preserve by the Trust, and the Trust thereafter, may ac5 cept donations from such entities notwithstanding that

6 such donors may conduct business with the Department

7 of Agriculture or any other department or agency of the

8 United States.

9 (h) PROCEEDS.—

10 (1) IN GENERAL.—Notwithstanding sections

11 1341 and 3302 of title 31 of the United States

12 Code, all monies received from donations under sub13 section (g) or from the management of the Preserve

14 shall be retained and shall be available, without fur15 ther appropriation, for the administration, preserva16 tion, restoration, operation and maintenance, im17 provement, repair, and related expenses incurred

18 with respect to properties under its management ju19 risdiction.

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

21 Treasury of the United States a special interest

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

23 shall be available, without further appropriation for

24 any purpose consistent with the purposes of this

25 title. At the option of the Trust, or the Secretary in
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1 accordance with section 110, the Secretary of the

2 Treasury shall invest excess monies of the Trust in

3 such account, which shall bear interest at rates de4 termined by the Secretary of the Treasury taking

5 into consideration the current average market yield

6 on outstanding marketable obligations of the United

7 States of comparable maturity.

8 (i) RESTRICTIONS ON DISPOSITION OF RECEIPTS.—

9 Any funds received by the Trust, or the Secretary in ac10 cordance with section 109(b), from the management of the

11 Preserve shall not be subject to partial distribution to the

12 State under—

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

14 making appropriations for the Department of Agri15 culture for the fiscal year ending June thirtieth,

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

17 192; 16 U.S.C. 500);

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

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

20 (3) any other law.

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

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

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

24 be the State of New Mexico. The Trust shall be rep25 resented by the Attorney General in any litigation arising
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1 out of the activities of the Trust, except that the Trust

2 may retain private attorneys to provide advice and coun3 sel.

4 (k) BYLAWS.—The Trust shall adopt necessary by5 laws to govern its activities.

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

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

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

9 properties under the management jurisdiction of the

10 Trust, procure proper insurance against any loss in con11 nection with such properties, or activities authorized in

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

13 SEC. 107. BOARD OF TRUSTEES.

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

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

16 (1) VOTING TRUSTEES.—The voting Trustees

17 shall be—

18 (A) the Supervisor of the Santa Fe Na19 tional Forest, United States Forest Service;

20 (B) the Superintendent of the Bandelier

21 National Monument, National Park Service;

22 and

23 (C) 7 individuals, appointed by the Presi24 dent, in consultation with the congressional del25 egation from the State of New Mexico. The 7
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1 individuals shall have specific expertise or rep2 resent an organization or government entity as

3 follows—

4 (i) one trustee shall have expertise in

5 aspects of domesticated livestock manage6 ment, production, and marketing, including

7 range management and livestock business

8 management;

9 (ii) one trustee shall have expertise in

10 the management of game and nongame

11 wildlife and fish populations, including

12 hunting, fishing, and other recreational ac13 tivities;

14 (iii) one trustee shall have expertise in

15 the sustainable management of forest

16 lands for commodity and noncommodity

17 purposes;

18 (iv) one trustee shall be active in a

19 nonprofit conservation organization con20 cerned with the activities of the Forest

21 Service;

22 (v) one trustee shall have expertise in

23 financial management, budget and pro24 gram analysis, and small business oper25 ations;
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1 (vi) one trustee shall have expertise in

2 the cultural and natural history of the re3 gion; and

4 (vii) one trustee shall be active in

5 State or local government in New Mexico,

6 with expertise in the customs of the local

7 area.

8 (2) QUALIFICATIONS.—Of the trustees ap9 pointed by the President—

10 (A) none shall be employees of the Federal

11 Government; and

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

13 State of New Mexico.

14 (b) INITIAL APPOINTMENTS.—The President shall

15 make the initial appointments to the Board of Trustees

16 within 90 days after acquisition of the Baca ranch under

17 section 104(a).

18 (c) TERMS.—

19 (1) IN GENERAL.—Appointed trustees shall

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

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

22 4 years, and 3 shall serve for a term of 2 years.

23 (2) VACANCIES.—Any vacancy among the ap24 pointed trustees shall be filled in the same manner

25 in which the original appointment was made, and
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1 any trustee appointed to fill a vacancy shall serve for

2 the remainder of that term for which his or her

3 predecessor was appointed.

4 (3) LIMITATIONS.—No appointed trustee may

5 serve more than 8 years in consecutive terms.

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

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

8 (e) ORGANIZATION AND COMPENSATION.—

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

10 itself in such a manner as it deems most appropriate

11 to effectively carry out the activities of the Trust.

12 (2) COMPENSATION OF TRUSTEES.—Trustees

13 shall serve without pay, but may be reimbursed from

14 the funds of the Trust for the actual and necessary

15 travel and subsistence expenses incurred by them in

16 the performance of their duties.

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

18 the membership of the Board.

19 (f) LIABILITY OF TRUSTEES.—Appointed trustees

20 shall not be considered Federal employees by virtue of

21 their membership on the Board, except for purposes of

22 the Federal Tort Claims Act, the Ethics in Government

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

24 States Code.

25 (g) MEETINGS.—
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1 (1) LOCATION AND TIMING OF MEETINGS.—

2 The Board shall meet in sessions open to the public

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

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

5 statement of the reasons therefore, the Board may

6 close any other meetings to the public: Provided,

7 That any final decision of the Board to adopt or

8 amend the comprehensive management program

9 under section 108(d) or to approve any activity re10 lated to the management of the land or resources of

11 the Preserve shall be made in open public session.

12 (2) PUBLIC INFORMATION.—In addition to

13 other requirements of applicable law, the Board shall

14 establish procedures for providing appropriate public

15 information and periodic opportunities for public

16 comment regarding the management of the Preserve.

17 SEC. 108. RESOURCE MANAGEMENT.

18 (a) ASSUMPTION OF MANAGEMENT.—The Trust

19 shall assume all authority provided by this title to manage

20 the Preserve upon a determination by the Secretary, which

21 to the maximum extent practicable shall be made within

22 60 days after the appointment of the Board, that—

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

24 conduct business; and
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1 (2) provision has been made for essential man2 agement services.

3 (b) MANAGEMENT RESPONSIBILITIES.—Upon as4 sumption of management of the Preserve under subsection

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

6 Preserve and the use thereof including, but not limited

7 to such activities as—

8 (1) administration of the operations of the Pre9 serve;

10 (2) preservation and development of the land

11 and resources of the Preserve;

12 (3) interpretation of the Preserve and its his13 tory for the public;

14 (4) management of public use and occupancy of

15 the Preserve; and

16 (5) maintenance, rehabilitation, repair, and im17 provement of property within the Preserve.

18 (c) AUTHORITIES.—

19 (1) IN GENERAL.—The Trust shall develop pro20 grams and activities at the Preserve, and shall have

21 the authority to negotiate directly and enter into

22 such agreements, leases, contracts and other ar23 rangements with any person, firm, association, orga24 nization, corporation or governmental entity, includ25 ing without limitation, entities of Federal, State, and
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1 local governments, and consultation with Indian

2 tribes and pueblos, as are necessary and appropriate

3 to carry out its authorized activities or fulfill the

4 purposes of this title. Any such agreements may be

5 entered into without regard to section 321 of the

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

7 (2) PROCEDURES.—The Trust shall establish

8 procedures for entering into lease agreements and

9 other agreements for the use and occupancy of facili10 ties of the Preserve. The procedures shall ensure

11 reasonable competition, and set guidelines for deter12 mining reasonable fees, terms, and conditions for

13 such agreements.

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

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

16 appurtenant to the Preserve. The Trust may not

17 convey any easement, or enter into any contract,

18 lease, or other agreement related to use and occu19 pancy of property within the Preserve for a period

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

21 lease, or other agreement shall provide that, upon

22 termination of the Trust, such easement, contract,

23 lease or agreement is terminated.

24 (4) APPLICATION OF PROCUREMENT LAWS.—
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1 (A) IN GENERAL.—Notwithstanding any

2 other provision of law, Federal laws and regula3 tions governing procurement by Federal agen4 cies shall not apply to the Trust, with the ex5 ception of laws and regulations related to Fed6 eral Government contracts governing health and

7 safety requirements, wage rates, and civil

8 rights.

9 (B) PROCEDURES.—The Trust, in con10 sultation with the Administrator of Federal

11 Procurement Policy, Office of Management and

12 Budget, shall establish and adopt procedures

13 applicable to the Trust’s procurement of goods

14 and services, including the award of contracts

15 on the basis of contractor qualifications, price,

16 commercially reasonable buying practices, and

17 reasonable competition.

18 (d) MANAGEMENT PROGRAM.—Within two years

19 after assumption of management responsibilities for the

20 Preserve, the Trust shall, in accordance with subsection

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

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

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

24 consistent with such purposes, such program shall provide

25 for—
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1 (1) operation of the Preserve as a working

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

3 (2) the protection and preservation of the sce4 nic, geologic, watershed, fish, wildlife, historic, cul5 tural and recreational values of the Preserve;

6 (3) multiple use and sustained yield of renew7 able resources within the Preserve;

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

9 recreation;

10 (5) renewable resource utilization and manage11 ment alternatives that, to the extent practicable—

12 (A) benefit local communities and small

13 businesses;

14 (B) enhance coordination of management

15 objectives with those on surrounding National

16 Forest System land; and

17 (C) provide cost savings to the Trust

18 through the exchange of services, including but

19 not limited to labor and maintenance of facili20 ties, for resources or services provided by the

21 Trust; and

22 (6) optimizing the generation of income based

23 on existing market conditions, to the extent that it

24 does not unreasonably diminish the long-term scenic
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1 and natural values of the area, or diminish the mul2 tiple use and sustained yield capability of the land.

3 (e) PUBLIC USE AND RECREATION.—

4 (1) IN GENERAL.—The Trust shall give thor5 ough consideration to the provision of appropriate

6 opportunities for public use and recreation that are

7 consistent with the other purposes under section

8 105(b). The Trust is expressly authorized to con9 struct and upgrade roads and bridges, and provide

10 other facilities for activities including, but not lim11 ited to camping and picnicking, hiking, and cross

12 country skiing. Roads, trails, bridges, and rec13 reational facilities constructed within the Preserve

14 shall meet public safety standards applicable to units

15 of the National Forest System and the State of New

16 Mexico.

17 (2) FEES.—Notwithstanding any other provi18 sion of law, the Trust is authorized to assess reason19 able fees for admission to, and the use and occu20 pancy of, the Preserve: Provided, That admission

21 fees and any fees assessed for recreational activities

22 shall be implemented only after public notice and a

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

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

25 the Baca ranch under section 104(a), and after an
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1 interim planning period of no more than two years,

2 the public shall have reasonable access to the Pre3 serve for recreation purposes. The Secretary, prior

4 to assumption of management of the Preserve by the

5 Trust, and the Trust thereafter, may reasonably

6 limit the number and types of recreational admis7 sions to the Preserve, or any part thereof, based on

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

9 The use of reservation or lottery systems is expressly

10 authorized to implement this paragraph.

11 (f) APPLICABLE LAWS.—

12 (1) IN GENERAL.—The Trust, and the Sec13 retary in accordance with section 109(b), shall ad14 minister the Preserve in conformity with this title

15 and all laws pertaining to the National Forest Sys16 tem, except the Forest and Rangeland Renewable

17 Resources Planning Act of 1974, as amended (16

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

19 (2) ENVIRONMENTAL LAWS.—The Trust shall

20 be deemed a Federal agency for the purposes of

21 compliance with Federal environmental laws.

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

23 to Federal property shall apply to the same extent

24 as on adjacent units of the National Forest System.
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1 (4) REPORTS ON APPLICABLE RULES AND REG2 ULATIONS.—The Trust may submit to the Secretary

3 and the Committees of Congress a compilation of

4 applicable rules and regulations which in the view of

5 the Trust are inappropriate, incompatible with this

6 title, or unduly burdensome.

7 (5) CONSULTATION WITH TRIBES AND PUEB8 LOS.—The Trust is authorized and directed to co9 operate and consult with Indian tribes and pueblos

10 on management policies and practices for the Pre11 serve which may affect them. The Trust is author12 ized to allow the use of lands within the Preserve for

13 religious and cultural uses by Native Americans and,

14 in so doing, may set aside places and times of exclu15 sive use consistent with the American Indian Reli16 gious Freedom Act (42 U.S.C. 1996 (note)) and

17 other applicable statutes.

18 (6) NO ADMINISTRATIVE APPEAL.—The admin19 istrative appeals regulations of the Secretary shall

20 not apply to activities of the Trust and decisions of

21 the Board.

22 (g) LAW ENFORCEMENT AND FIRE MANAGEMENT.—

23 The Secretary shall provide law enforcement services

24 under a cooperative agreement with the Trust to the ex25 tent generally authorized in other units of the National
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1 Forest System. At the request of the Trust, the Secretary

2 may provide fire presuppression, fire suppression, and re3 habilitation services: Provided, That the Trust shall reim4 burse the Secretary for salaries and expenses of fire man5 agement personnel, commensurate with services provided.

6 SEC. 109. AUTHORITIES OF THE SECRETARY.

7 (a) IN GENERAL.—Notwithstanding the assumption

8 of management of the Preserve by the Trust, the Sec9 retary is authorized to—

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

11 Federal Land Policy and Management Act of 1976,

12 of over 10 years duration, in cooperation with the

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

14 rights-of-way, and communication sites;

15 (2) issue orders under and enforce prohibitions

16 generally applicable on other units of the National

17 Forest System, in cooperation with the Trust;

18 (3) exercise the authorities of the Secretary

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

20 1278, et seq.) and the Federal Power Act (16

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

22 (4) acquire the mineral rights referred to in

23 section 104(e);

24 (5) provide law enforcement and fire manage25 ment services under section 108(g);
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1 (6) at the request of the Trust, exchange land

2 or interests in land within the Preserve under laws

3 generally applicable to other units of the National

4 Forest System, or otherwise dispose of land or inter5 ests in land within the Preserve under Public Law

6 97–465 (16 U.S.C. 521c through 521i);

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

8 and criminal cases pertaining to the Preserve to the

9 Department of Justice for prosecution;

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

11 archaeological artifacts found within the Preserve;

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

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

14 subject to the availability of appropriated funds;

15 (10) conduct the assessment of the Trust’s per16 formance, and, if the Secretary determines it nec17 essary, recommend to Congress the termination of

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

19 (11) conduct such other activities for which ex20 press authorization is provided to the Secretary by

21 this title.

22 (b) INTERIM MANAGEMENT.—

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

24 the Preserve under this title during the interim pe25 riod from the date of acquisition of the Baca ranch
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1 under section 104(a) to the date of assumption of

2 management of the Preserve by the Trust under sec3 tion 108: Provided, That any agreement, lease, con4 tract, or other arrangement entered into by the Sec5 retary under section 108(c)(1) shall not exceed two

6 years in duration unless expressly extended by the

7 Trust upon its assumption of management of the

8 Preserve.

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

10 the Secretary from the management of the Preserve

11 during the interim period under paragraph (1) shall

12 be deposited into the ‘‘Valles Caldera Fund’’ estab13 lished under section 106(h)(2), and such monies in

14 the fund shall be available to the Secretary, without

15 further appropriation, for the purpose of managing

16 the Preserve in accordance with the responsibilities

17 and authorities provided to the Trust under section

18 108.

19 (c) SECRETARIAL AUTHORITY.—The Secretary re20 tains the authority to suspend any decision of the Board

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

22 that the decision is clearly inconsistent with this title.

23 Such authority shall only be exercised personally by the

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

25 authority shall be in writing to the Board, and notification
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1 of the decision shall be given to the Committees of Con2 gress. Any suspended decision shall be referred back to

3 the Board for reconsideration.

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

5 access to the Preserve for administrative purposes.

6 SEC. 110. TERMINATION OF THE TRUST.

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

8 terminate at the end of the twentieth full fiscal year fol9 lowing acquisition of the Baca ranch under section 104(a).

10 (b) RECOMMENDATIONS.—

11 (1) BOARD.—

12 (A) If after the fourteenth full fiscal years

13 from the date of acquisition of the Baca ranch

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

15 Trust has met the goals and objectives of the

16 comprehensive management program under sec17 tion 108(d), but has not become financially self18 sustaining, the Board may submit to the Com19 mittees of Congress, a recommendation for au20 thorization of appropriations beyond that pro21 vided under this title.

22 (B) During the eighteenth full fiscal year

23 from the date of acquisition of the Baca ranch

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

25 the Secretary its recommendation that the
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1 Trust be either extended or terminated includ2 ing the reasons for such recommendation.

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

4 of the recommendation of the Board under para5 graph (1)(B), the Secretary shall submit to the

6 Committees of Congress the Board’s recommenda7 tion on extension or termination along with the rec8 ommendation of the Secretary with respect to the

9 same and stating the reasons for such recommenda10 tion.

11 (c) EFFECT OF TERMINATION.—In the event of ter12 mination of the Trust, the Secretary shall assume all man13 agement and administrative functions over the Preserve,

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

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

16 National Forest System.

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

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

19 outstanding liabilities, and any funds remaining shall be

20 transferred to the Secretary for use, without further ap21 propriation, for the management of the Preserve.

22 (e) VALLES CALDERA FUND.—In the event of termi23 nation, the Secretary shall assume the powers of the Trust

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

25 Fund shall not terminate. Any balances remaining in the
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1 fund shall be available to the Secretary, without further

2 appropriation, for any purpose consistent with the pur3 poses of this title.

4 SEC. 111. LIMITATIONS ON FUNDING.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

6 hereby authorized to be appropriated to the Secretary and

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

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

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

10 section 104(a).

11 (b) SCHEDULE OF APPROPRIATIONS.—Within two

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

13 submit to Congress a plan which includes a schedule of

14 annual decreasing appropriated funds that will achieve, at

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

16 Trust within 15 full fiscal years after the date of acquisi17 tion of the Baca ranch under section 104(a).

18 SEC. 112. GENERAL ACCOUNTING OFFICE STUDY.

19 (a) INITIAL STUDY.—Three years after the assump20 tion of management by the Trust, the General Accounting

21 Office shall conduct an interim study of the activities of

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

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

24 not be limited to, details of programs and activities oper-
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1 ated by the Trust and whether it met its obligations under

2 this title.

3 (b) SECOND STUDY.—Seven years after the assump4 tion of management by the Trust, the General Accounting

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

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

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

8 failure to meet obligations that may be identified under

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

10 Trust to meet its obligations under this title.

11 TITLE II—FEDERAL LAND

12 TRANSACTION FACILITATION

13 SECTION 201. SHORT TITLE.

14 This title may be cited as the ‘‘Federal Land Trans15 action Facilitation Act’’.

16 SEC. 202. FINDINGS.

17 Congress finds that—

18 (1) the Bureau of Land Management has au19 thority under the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1701 et seq.) to sell

21 land identified for disposal under its land use plan22 ning;

23 (2) the Bureau of Land Management has au24 thority under that Act to exchange Federal land for
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1 non-Federal land if the exchange would be in the

2 public interest;

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

4 the Bureau of Land Management has identified cer5 tain tracts of public land for disposal;

6 (4) the Federal land management agencies of

7 the Departments of the Interior and Agriculture

8 have authority under existing law to acquire land

9 consistent with the mission of each agency;

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

11 disposal and the acquisition of certain non-Federal

12 land from willing landowners would—

13 (A) allow for the reconfiguration of land

14 ownership patterns to better facilitate resource

15 management;

16 (B) contribute to administrative efficiency

17 within Federal land management units; and

18 (C) allow for increased effectiveness of the

19 allocation of fiscal and human resources within

20 the Federal land management agencies;

21 (6) a more expeditious process for disposal and

22 acquisition of land, established to facilitate a more

23 effective configuration of land ownership patterns,

24 would benefit the public interest;
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1 (7) many private individuals own land within

2 the boundaries of Federal land management units

3 and desire to sell the land to the Federal Govern4 ment;

5 (8) such land lies within national parks, na6 tional monuments, national wildlife refuges, national

7 forests, and other areas designated for special man8 agement;

9 (9) Federal land management agencies are fac10 ing increased workloads from rapidly growing public

11 demand for the use of public land, making it dif12 ficult for Federal managers to address problems cre13 ated by the existence of inholdings in many areas;

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

15 Government would mutually benefit from Federal

16 acquisition of the land on a priority basis;

17 (11) proceeds generated from the disposal of

18 public land may be properly dedicated to the acquisi19 tion of inholdings and other land that will improve

20 the resource management ability of the Federal land

21 management agencies and adjoining landowners;

22 (12) using proceeds generated from the disposal

23 of public land to purchase inholdings and other such

24 land from willing sellers would enhance the ability of

25 the Federal land management agencies to—
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1 (A) work cooperatively with private land2 owners and State and local governments; and

3 (B) promote consolidation of the ownership

4 of public and private land in a manner that

5 would allow for better overall resource manage6 ment;

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

8 that has been identified for disposal is the best way

9 for the public to receive fair market value for the

10 land; and

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

12 land and resource management programs, the Bu13 reau of Land Management may use non-Federal en14 tities to prepare appraisal documents for agency re15 view and approval consistent with applicable provi16 sions of the Uniform Standards for Federal Land

17 Acquisition.

18 SEC. 203. DEFINITIONS.

19 In this title:

20 (1) EXCEPTIONAL RESOURCE.—The term ‘‘ex21 ceptional resource’’ means a resource of scientific,

22 historic, cultural, or recreational value that has been

23 documented by a Federal, State, or local govern24 mental authority, and for which extraordinary con-
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1 servation and protection is required to maintain the

2 resource for the benefit of the public.

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 of the Federal Land Policy and

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

8 the date of enactment of this Act was within the

9 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, na14 tional volcanic area, research natural area, na15 tional outstanding natural area, or a national

16 natural landmark managed by the Bureau of

17 Land Management or under the National For18 est System;

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

20 (C) a unit of the National Wildlife Refuge

21 System; or

22 (D) a wilderness area designated under the

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

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

25 seq.), or the National Trails System Act (16
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1 U.S.C. 1241 et seq.), or areas of the National

2 Forest System designated for special manage3 ment by an Act of Congress,

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

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

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

7 boundary of a federally designated area.

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

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

10 Federal Land Policy and Management Act of 1976

11 (43 U.S.C. 1702)).

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

13 the Secretary of the Interior.

14 SEC. 204. IDENTIFICATION OF INHOLDINGS.

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

16 of Agriculture shall establish a procedure to—

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

18 landowner has indicated a desire to sell the land or

19 an interest in land to the Federal Government; and

20 (2) establish the date on which the land or in21 terest in land identified became an inholding.

22 (b) NOTICE OF POLICY.—The Secretary and the Sec23 retary of Agriculture shall provide, in the Federal Register

24 and through such other means as the Secretaries may de25 termine to be appropriate, periodic notice to the public of
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1 the policy under subsection (a), including any information

2 required to consider an inholding for acquisition under

3 section 206.

4 (c) IDENTIFICATION.—An inholding—

5 (1) shall be considered for identification under

6 this section only if the Secretary or the Secretary of

7 Agriculture receive notification of a desire to sell

8 from the landowner in response to public notice

9 given under subsection (b); and

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

11 of the later of—

12 (A) the earlier of—

13 (i) the date on which the land was

14 withdrawn from the public domain; or

15 (ii) the date on which the land was es16 tablished or designated for special manage17 ment; or

18 (B) the date on which the inholding was

19 acquired by the current owner.

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

21 identification of an inholding under this section creates no

22 obligation on the part of a landowner to convey the

23 inholding or any obligation on the part of the United

24 States to acquire the inholding.
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1 SEC. 205. DISPOSAL OF PUBLIC LAND.

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

3 program, using funds made available under section 206,

4 to complete appraisals and satisfy other legal require5 ments for the sale or exchange of public land identified

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

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

8 of the Federal Land Policy and Management Act of 1976

9 (43 U.S.C. 1712).

10 (b) SALE OF PUBLIC LAND.—

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

12 identified shall be conducted in accordance with sec13 tions 203 and 209 of the Federal Land Policy and

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

15 (2) EXCEPTIONS TO COMPETITIVE BIDDING RE16 QUIREMENTS.—The exceptions to competitive bid17 ding requirements under section 203(f) of the Fed18 eral Land Policy and Management Act of 1976 (43

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

20 in which the Secretary determines it to be necessary.

21 (c) REPORT IN PUBLIC LAND STATISTICS.—The Sec22 retary shall provide in the annual publication of Public

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

24 (d) TERMINATION OF AUTHORITY.—The authority

25 provided under this section shall terminate 10 years after

26 the date of enactment of this Act.
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1 SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

2 (a) DEPOSIT OF PROCEEDS.—Notwithstanding any

3 other law (except a law that specifically provides for a pro4 portion of the proceeds to be distributed to any trust funds

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

6 of public land under this Act shall be deposited in a sepa7 rate account in the Treasury of the United States to be

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

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

10 Disposal Account shall be available to the Secretary and

11 the Secretary of Agriculture, without further Act of appro12 priation, to carry out this title.

13 (c) USE OF THE FEDERAL LAND DISPOSAL AC14 COUNT.—

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

16 Disposal Account shall be expended in accordance

17 with this subsection.

18 (2) FUND ALLOCATION.—

19 (A) PURCHASE OF LAND.—Except as au20 thorized under subparagraph (C), funds shall

21 be used to purchase—

22 (i) inholdings; and

23 (ii) land that is adjacent to federally

24 designated areas and contains exceptional

25 resources.
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1 (B) INHOLDINGS.—Not less than 80 per2 cent of the funds allocated for the purchase of

3 land within each State shall be used to acquire

4 inholdings identified under section 204.

5 (C) ADMINISTRATIVE AND OTHER EX6 PENSES.—An amount not to exceed 20 percent

7 of the funds in the Federal Land Disposal Ac8 count shall be used by the Secretary for admin9 istrative and other expenses necessary to carry

10 out the land disposal program under section

11 205.

12 (D) SAME STATE PURCHASES.—Of the

13 amounts not used under subparagraph (C), not

14 less than 80 percent shall be expended within

15 the State in which the funds were generated.

16 Any remaining funds may be expended in any

17 other State.

18 (3) PRIORITY.—The Secretary and the Sec19 retary of Agriculture may each develop and use cri20 teria for priority of acquisition that are based on—

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

22 land became an inholding;

23 (B) the existence of exceptional resources

24 on the land; and

25 (C) management efficiency.
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1 (4) BASIS OF SALE.—Any acquisition of land

2 under this section shall be—

3 (A) from a willing seller;

4 (B) contingent on the conveyance of title

5 acceptable to the Secretary, or the Secretary of

6 Agriculture in the case of an acquisition of Na7 tional Forest System land, using title standards

8 of the Attorney General; and

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

10 value consistent with applicable provisions of

11 the Uniform Appraisal Standards for Federal

12 Land Acquisitions.

13 (d) CONTAMINATED SITES AND SITES DIFFICULT

14 AND UNECONOMIC TO MANAGE.—Funds in the Federal

15 Land Disposal Account shall not be used to purchase land

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

17 or the Secretary of Agriculture—

18 (1) contains a hazardous substances or is other19 wise contaminated; or

20 (2) because of the location or other characteris21 tics of the land, would be difficult or uneconomic to

22 manage as Federal land.

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

24 Funds made available under this section shall be supple-
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1 mental to any funds appropriated under the Land and

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

3 (f) TERMINATION.—On termination of activities

4 under section 5—

5 (1) the Federal Land Disposal Account shall be

6 terminated; and

7 (2) any remaining balance in the account shall

8 become available for appropriation under section 3

9 of the Land and Water Conservation Fund Act (16

10 U.S.C. 460l–6).

11 SEC. 207. SPECIAL PROVISIONS.

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

13 exemption from any limitation on the acquisition of land

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

15 the date of enactment of this Act.

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

17 eligible for sale under—

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

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

20 (2) the Southern Nevada Public Land Manage21 ment Act of 1998 (112 Stat. 2343).

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

23 preempts, or limits the authority to exchange land under

24 authorities providing for the exchange of Federal lands,

25 including but not limited to—
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1 (1) the Federal Land Policy and Management

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

3 (2) the Federal Land Exchange Facilitation Act

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

5 by that Act.

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

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

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

9 United States, its agencies, its officers, or any other per10 son.

11 TITLE I—VALLES CALDERA NA12 TIONAL PRESERVE AND

13 TRUST

14 SEC. 101. SHORT TITLE.

15 This title may be cited as the ‘‘Valles Caldera Preser16 vation Act’’.

17 SEC. 102. FINDINGS AND PURPOSES.

18 (a) FINDINGS.—Congress finds that—

19 (1) the Baca ranch comprises most of the Valles

20 Caldera in central New Mexico, and constitutes a

21 unique land mass, with significant scientific, cul22 tural, historic, recreational, ecological, wildlife, fish23 eries, and productive values;

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

25 dome with potential geothermal activity;
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1 (3) the land comprising the Baca ranch was

2 originally granted to the heirs of Don Luis Maria

3 Cabeza de Vaca in 1860;

4 (4) historical evidence, in the form of old logging

5 camps and other artifacts, and the history of terri6 torial New Mexico indicate the importance of this

7 land over many generations for domesticated livestock

8 production and timber supply;

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

10 the current owners, including selective timbering, lim11 ited grazing and hunting, and the use of prescribed

12 fire, have preserved a mix of healthy range and tim13 ber land with significant species diversity, thereby

14 serving as a model for sustainable land development

15 and use;

16 (6) the Baca ranch’s natural beauty and abun17 dant resources, and its proximity to large municipal

18 populations, could provide numerous recreational op19 portunities for hiking, fishing, camping, cross-country

20 skiing, and hunting;

21 (7) the Forest Service documented the scenic and

22 natural values of the Baca ranch in its 1993 study

23 entitled ‘‘Report on the Study of the Baca Location

24 No. 1, Santa Fe National Forest, New Mexico’’, as di25 rected by Public Law 101–556;
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1 (8) the Baca ranch can be protected for current

2 and future generations by continued operation as a

3 working ranch under a unique management regime

4 which would protect the land and resource values of

5 the property and surrounding ecosystem while allow6 ing and providing for the ranch to eventually become

7 financially self-sustaining;

8 (9) the current owners have indicated that they

9 wish to sell the Baca ranch, creating an opportunity

10 for Federal acquisition and public access and enjoy11 ment of these lands;

12 (10) certain features on the Baca ranch have his13 torical and religious significance to Native Americans

14 which can be preserved and protected through Federal

15 acquisition of the property;

16 (11) the unique nature of the Valles Caldera and

17 the potential uses of its resources with different result18 ing impacts warrants a management regime uniquely

19 capable of developing an operational program for ap20 propriate preservation and development of the land

21 and resources of the Baca ranch in the interest of the

22 public;

23 (12) an experimental management regime should

24 be provided by the establishment of a Trust capable

25 of using new methods of public land management that
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1 may prove to be cost-effective and environmentally

2 sensitive; and

3 (13) the Secretary may promote more efficient

4 management of the Valles Caldera and the watershed

5 of the Santa Clara Creek through the assignment of

6 purchase rights of such watershed to the Pueblo of

7 Santa Clara.

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

9 (1) to authorize Federal acquisition of the Baca

10 ranch;

11 (2) to protect and preserve for future generations

12 the scientific, scenic, historic, and natural values of

13 the Baca ranch, including rivers and ecosystems and

14 archaeological, geological, and cultural resources;

15 (3) to provide opportunities for public recre16 ation;

17 (4) to establish a demonstration area for an ex18 perimental management regime adapted to this

19 unique property which incorporates elements of public

20 and private administration in order to promote long

21 term financial sustainability consistent with the other

22 purposes enumerated in this subsection; and

23 (5) to provide for sustained yield management of

24 Baca ranch for timber production and domesticated
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1 livestock grazing insofar as is consistent with the

2 other purposes stated herein.

3 SEC. 103. DEFINITIONS.

4 In this title:

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

6 means the lands and facilities described in this sec7 tion 104(a).

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

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

10 as described in section 107.

11 (3) COMMITTEES OF CONGRESS.—The term

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

13 Energy and Natural Resources of the Senate and the

14 Committee on Resources of the House of Representa15 tives.

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

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

18 operating expenditures equal to or less than proceeds

19 derived from fees and other receipts for resource use

20 and development and interest on invested funds. Man21 agement and operating expenditures shall include

22 Trustee expenses, salaries and benefits of staff, admin23 istrative and operating expenses, improvements to

24 and maintenance of lands and facilities of the Pre25 serve, and other similar expenses. Funds appropriated
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1 to the Trust by Congress, either directly or through

2 the Secretary, for the purposes of this title shall not

3 be considered.

4 (5) MULTIPLE USE AND SUSTAINED YIELD.—The

5 term ‘‘multiple use and sustained yield’’ has the com6 bined meaning of the terms ‘‘multiple use’’ and ‘‘sus7 tained yield of the several products and services’’, as

8 defined under the Multiple-Use Sustained-Yield Act of

9 1960 (16 U.S.C. 531).

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

11 Valles Caldera National Preserve established under

12 section 105.

13 (7) SECRETARY.—Except where otherwise pro14 vided, the term ‘‘Secretary’’ means the Secretary of

15 Agriculture.

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

17 Caldera Trust established under section 106.

18 SEC. 104. ACQUISITION OF LANDS.

19 (a) ACQUISITION OF BACA RANCH.—

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

21 June 15, 1926 (16 U.S.C. 471a), the Secretary is au22 thorized to acquire all or part of the rights, title, and

23 interests in and to approximately 94,761 acres of the

24 Baca ranch, comprising the lands, facilities, and

25 structures referred to as the Baca Location No. 1, and
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1 generally depicted on a plat entitled ‘‘Independent

2 Resurvey of the Baca Location No. 1’’, made by L.A.

3 Osterhoudt, W.V. Hall, and Charles W. Devendorf,

4 U.S. Cadastral Engineers, June 30, 1920–August 24,

5 1921, under special instructions for Group No. 107

6 dated February 12, 1920, in New Mexico.

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

8 paragraph (1) may be made by purchase through ap9 propriated or donated funds, by exchange, by con10 tribution, or by donation of land. Funds appro11 priated to the Secretary from the Land and Water

12 Conservation Fund shall be available for this purpose.

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

14 paragraph (1) shall be based on an appraisal done in

15 conformity with the Uniform Appraisal Standards

16 for Federal Land Acquisitions and—

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

18 shall be on a willing seller basis for no more

19 than the fair market value of the land or inter20 ests therein acquired; and

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

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

23 value, in conformity with the existing exchange

24 authorities of the Secretary.
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1 (4) DEED.—The conveyance of the offered lands

2 to the United States under this subsection shall be by

3 general warranty or other deed acceptable to the Sec4 retary and in conformity with applicable title stand5 ards of the Attorney General.

6 (b) ADDITION OF LAND TO BANDELIER NATIONAL

7 MONUMENT.—Upon acquisition of the Baca ranch under

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

9 administrative jurisdiction over those lands within the

10 boundaries of the Bandelier National Monument as modi11 fied under section 3 of Public Law 105–376 (112 Stat.

12 3389).

13 (c) PLAT AND MAPS.—

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

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

16 plat or map shall prevail.

17 (2) MINOR CORRECTIONS.—The Secretary and

18 the Secretary of the Interior may make minor correc19 tions in the boundaries of the Upper Alamo watershed

20 as depicted on the map referred to in section 3 of

21 Public Law 105–376 (112 Stat. 3389).

22 (3) BOUNDARY MODIFICATION.—Upon the con23 veyance of any lands to any entity other than the

24 Secretary, the boundary of the Preserve shall be modi25 fied to exclude such lands.
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1 (4) FINAL MAPS.—Within 180 days of the date

2 of acquisition of the Baca ranch under subsection (a),

3 the Secretary and the Secretary of the Interior shall

4 submit to the Committees of Congress a final map of

5 the Preserve and a final map of Bandelier National

6 Monument, respectively.

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

8 referred to in the subsection shall be kept and made

9 available for public inspection in the offices of the

10 Chief, Forest Service, and Director, National Park

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

12 Fe National Forest, and Superintendent, Bandelier

13 National Monument, in the State of New Mexico.

14 (d) WATERSHED MANAGEMENT REPORT.—The Sec15 retary, acting through the Forest Service, in cooperation

16 with the Secretary of the Interior, acting through the Na17 tional Park Service, shall—

18 (1) prepare a report of management alternatives

19 which may—

20 (A) provide more coordinated land manage21 ment within the area known as the upper water22 sheds of Alamo, Capulin, Medio, and Sanchez

23 Canyons, including the areas known as the

24 Dome Diversity Unit and the Dome Wilderness;
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1 (B) allow for improved management of elk

2 and other wildlife populations ranging between

3 the Santa Fe National Forest and the Bandelier

4 National Monument; and

5 (C) include proposed boundary adjustments

6 between the Santa Fe National Forest and the

7 Bandelier National Monument to facilitate the

8 objectives under subparagraphs (A) and (B); and

9 (2) submit the report to the Committees of Con10 gress within 120 days of the date of enactment of this

11 title.

12 (e) OUTSTANDING MINERAL INTERESTS.—The acquisi13 tion of the Baca ranch by the Secretary shall be subject to

14 all outstanding valid existing mineral interests. The Sec15 retary is authorized and directed to negotiate with the own16 ers of any fractional interest in the subsurface estate for

17 the acquisition of such fractional interest on a willing seller

18 basis for not to exceed its fair market value, as determined

19 by appraisal done in conformity with the Uniform Ap20 praisal Standards for Federal Land Acquisitions. Any such

21 interests acquired within the boundaries of the Upper

22 Alamo watershed, as referred to in subsection (b), shall be

23 administered by the Secretary of the Interior as part of

24 Bandelier National Monument.
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1 (f) BOUNDARIES OF THE BACA RANCH.—For purposes

2 of section 7 of the Land and Water Conservation Fund Act

3 of 1965 (16 U.S.C. 4601–9), the boundaries of the Baca

4 ranch shall be treated as if they were National Forest

5 boundaries existing as of January 1, 1965.

6 (g) PUEBLO OF SANTA CLARA.—

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

8 the Pueblo of Santa Clara rights to acquire for fair

9 market value portions of the Baca ranch. The portion

10 that may be assigned shall be determined by mutual

11 agreement between the Pueblo and the Secretary based

12 on optimal management considerations for the Pre13 serve including manageable land line locations, public

14 access, and retention of scenic and natural values. All

15 appraisals shall be done in conformity with the Uni16 form Appraisal Standards for Federal Land Acquisi17 tion.

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

19 of acquisition, the fee title lands, and any mineral es20 tate underlying such lands, acquired under this sub21 section by the Pueblo of Santa Clara are deemed

22 transferred into trust in the name of the United

23 States for the benefit of the Pueblo of Santa Clara

24 and such lands and mineral estate are declared to be

25 part of the existing Santa Clara Indian Reservation.
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1 (3) MINERAL ESTATE.—Any mineral estate ac2 quired by the United States pursuant to section

3 104(e) underlying fee title lands acquired by the

4 Pueblo of Santa Clara shall not be developed without

5 the consent of the Secretary of the Interior and the

6 Pueblo of Santa Clara.

7 (4) SAVINGS.—Any reservations, easements, and

8 covenants contained in an assignment agreement en9 tered into under paragraph (1) shall not be affected

10 by the acquisition of the Baca ranch by the United

11 States, the assumption of management by the Valles

12 Caldera Trust, or the lands acquired by the Pueblo

13 being taken into trust.

14 SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.

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

16 the Baca ranch under section 104(a), there is hereby estab17 lished the Valles Caldera National Preserve as a unit of the

18 National Forest System which shall include all Federal

19 lands and interests in land acquired under sections 104(a)

20 and 104(e), except those lands and interests in land admin21 istered or held in trust by the Secretary of the Interior

22 under sections 104(b) and 104(g), and shall be managed

23 in accordance with the purposes and requirements of this

24 title.
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1 (b) PURPOSES.—The purposes for which the Preserve

2 is established are to protect and preserve the scientific, sce3 nic, geologic, watershed, fish, wildlife, historic, cultural, and

4 recreational values of the Preserve, and to provide for mul5 tiple use and sustained yield of renewable resources within

6 the Preserve, consistent with this title.

7 (c) MANAGEMENT AUTHORITY.—Except for the powers

8 of the Secretary enumerated in this title, the Preserve shall

9 be managed by the Valles Caldera Trust established by sec10 tion 106.

11 (d) ELIGIBILITY FOR PAYMENT IN LIEU OF TAXES.—

12 Lands acquired by the United States under section 104(a)

13 shall constitute entitlement lands for purposes of the Pay14 ment in Lieu of Taxes Act (31 U.S.C. 6901–6904).

15 (e) WITHDRAWALS.—

16 (1) IN GENERAL.—Upon acquisition of all inter17 ests in minerals within the boundaries of the Baca

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

19 rights, the lands comprising the Preserve are thereby

20 withdrawn from disposition under all laws per21 taining to mineral leasing, including geothermal leas22 ing.

23 (2) MATERIALS FOR ROADS AND FACILITIES.—

24 Nothing in this title shall preclude the Secretary,

25 prior to assumption of management of the Preserve by
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1 the Trust, and the Trust thereafter, from allowing the

2 utilization of common varieties of mineral materials

3 such as sand, stone, and gravel as necessary for con4 struction and maintenance of roads and facilities

5 within the Preserve.

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

7 construed as affecting the responsibilities of the State of

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

9 regulation of hunting, fishing, and trapping within the Pre10 serve, except that the Trust may, in consultation with the

11 Secretary and the State of New Mexico, designate zones

12 where and establish periods when no hunting, fishing, or

13 trapping shall be permitted for reasons of public safety, ad14 ministration, the protection of nongame species and their

15 habitats, or public use and enjoyment.

16 (g) REDONDO PEAK.—

17 (1) IN GENERAL.—For the purposes of preserving

18 the natural, cultural, religious, and historic resources

19 on Redondo Peak upon acquisition of the Baca ranch

20 under section 104(a), except as provided in para21 graph (2), within the area of Redondo Peak above

22 10,000 feet in elevation—

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

24 be constructed; and

25 (B) no motorized access shall be allowed.
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1 (2) EXCEPTIONS.—Nothing in this subsection

2 shall preclude—

3 (A) the use and maintenance of roads and

4 trails existing as of the date of enactment of this

5 Act;

6 (B) the construction, use and maintenance

7 of new trails, and the relocation of existing

8 roads, if located to avoid Native American reli9 gious and cultural sites; and

10 (C) motorized access necessary to admin11 ister the area by the Trust (including measures

12 required in emergencies involving the health or

13 safety of persons within the area).

14 SEC. 106. THE VALLES CALDERA TRUST.

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

16 wholly owned government corporation known as the Valles

17 Caldera Trust which is empowered to conduct business in

18 the State of New Mexico and elsewhere in the United States

19 in furtherance of its corporate purposes.

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

21 Trust are—

22 (1) to provide management and administrative

23 services for the Preserve;
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1 (2) to establish and implement management

2 policies which will best achieve the purposes and re3 quirements of this title;

4 (3) to receive and collect funds from private and

5 public sources and to make dispositions in support of

6 the management and administration of the Preserve;

7 and

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

9 governmental units, and with Indian tribes and

10 Pueblos, to further the purposes for which the Preserve

11 was established.

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

13 necessary and proper powers for the exercise of the authori14 ties vested in it.

15 (d) STAFF.—

16 (1) IN GENERAL.—The Trust is authorized to ap17 point and fix the compensation and duties of an exec18 utive director and such other officers and employees

19 as it deems necessary without regard to the provisions

20 of title 5, United States Code, governing appoint21 ments in the competitive service, and may pay them

22 without regard to the provisions of chapter 51, and

23 subchapter III of chapter 53, title 5, United States

24 Code, relating to classification and General Schedule

25 pay rates. No employee of the Trust shall be paid at
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1 a rate in excess of that payable to the Supervisor of

2 the Santa Fe National Forest or the Superintendent

3 of the Bandelier National Monument, whichever is

4 greater.

5 (2) FEDERAL EMPLOYEES.—

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

7 this title, employees of the Trust shall be Federal

8 employees as defined by title 5, United States

9 Code, and shall be subject to all rights and obli10 gations applicable thereto.

11 (B) USE OF FEDERAL EMPLOYEES.—At the

12 request of the Trust, the employees of any Fed13 eral agency may be provided for implementation

14 of this title. Such employees detailed to the Trust

15 for more than 30 days shall be provided on a re16 imbursable basis.

17 (e) GOVERNMENT CORPORATION.—

18 (1) IN GENERAL.—The Trust shall be a Govern19 ment Corporation subject to chapter 91 of title 31,

20 United States Code (commonly referred to as the Gov21 ernment Corporation Control Act). Financial state22 ments of the Trust shall be audited annually in ac23 cordance with section 9105 of title 31 of the United

24 States Code.
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1 (2) REPORTS.—Not later than January 15 of

2 each year, the Trust shall submit to the Secretary and

3 the Committees of Congress a comprehensive and de4 tailed report of its operations, activities, and accom5 plishments for the prior year including information

6 on the status of ecological, cultural, and financial re7 sources being managed by the Trust, and benefits pro8 vided by the Preserve to local communities. The report

9 shall also include a section that describes the Trust’s

10 goals for the current year.

11 (3) ANNUAL BUDGET.—

12 (A) IN GENERAL.—The Trust shall prepare

13 an annual budget with the goal of achieving a

14 financially self-sustaining operation within 15

15 full fiscal years after the date of acquisition of

16 the Baca ranch under section 104(a).

17 (B) BUDGET REQUEST.—The Secretary

18 shall provide necessary assistance (including

19 detailees as necessary) to the Trust for the timely

20 formulation and submission of the annual budget

21 request for appropriations, as authorized under

22 section 111(a), to support the administration,

23 operation, and maintenance of the Preserve.

24 (f) TAXES.—The Trust and all properties administered

25 by the Trust shall be exempt from all taxes and special as-
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1 sessments of every kind by the State of New Mexico, and

2 its political subdivisions including the counties of Sandoval

3 and Rio Arriba.

4 (g) DONATIONS.—The Trust may solicit and accept do5 nations of funds, property, supplies, or services from indi6 viduals, foundations, corporations, and other private or

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

8 The Secretary, prior to assumption of management of the

9 Preserve by the Trust, and the Trust thereafter, may accept

10 donations from such entities notwithstanding that such do11 nors may conduct business with the Department of Agri12 culture or any other department or agency of the United

13 States.

14 (h) PROCEEDS.—

15 (1) IN GENERAL.—Notwithstanding sections

16 1341 and 3302 of title 31 of the United States Code,

17 all monies received from donations under subsection

18 (g) or from the management of the Preserve shall be

19 retained and shall be available, without further ap20 propriation, for the administration, preservation, res21 toration, operation and maintenance, improvement,

22 repair, and related expenses incurred with respect to

23 properties under its management jurisdiction.

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

25 Treasury of the United States a special interest bear-
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1 ing fund entitled ‘‘Valles Caldera Fund’’ which shall

2 be available, without further appropriation for any

3 purpose consistent with the purposes of this title. At

4 the option of the Trust, or the Secretary in accord5 ance with section 110, the Secretary of the Treasury

6 shall invest excess monies of the Trust in such ac7 count, which shall bear interest at rates determined

8 by the Secretary of the Treasury taking into consider9 ation the current average market yield on outstanding

10 marketable obligations of the United States of com11 parable maturity.

12 (i) RESTRICTIONS ON DISPOSITION OF RECEIPTS.—

13 Any funds received by the Trust, or the Secretary in accord14 ance with section 109(b), from the management of the Pre15 serve shall not be subject to partial distribution to the State

16 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, nine20 teen hundred and nine’’ (35 Stat. 260, chapter 192;

21 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 own

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

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

4 the State of New Mexico. The Trust shall be represented by

5 the Attorney General in any litigation arising out of the

6 activities of the Trust, except that the Trust may retain

7 private attorneys to provide advice and counsel.

8 (k) BYLAWS.—The Trust shall adopt necessary bylaws

9 to govern its activities.

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

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

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

13 properties under the management jurisdiction of the Trust,

14 procure proper insurance against any loss in connection

15 with such properties, or activities authorized in such lease

16 or contract, as is reasonable and customary.

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

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

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

20 by the Board of Trustees. Without express written authority

21 of the Trust, no person may use the words ‘‘Valles Caldera

22 Trust’’ as the name under which that person shall do or

23 purport to do business, for the purpose of trade, or by way

24 of advertisement, or in any manner that may falsely suggest

25 any connection with the Trust.
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1 SEC. 107. BOARD OF TRUSTEES.

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

3 9-member Board of Trustees consisting of the following:

4 (1) VOTING TRUSTEES.—The voting Trustees

5 shall be—

6 (A) the Supervisor of the Santa Fe National

7 Forest, United States Forest Service;

8 (B) the Superintendent of the Bandelier Na9 tional Monument, National Park Service; and

10 (C) 7 individuals, appointed by the Presi11 dent, in consultation with the congressional dele12 gation from the State of New Mexico. The 7 indi13 viduals shall have specific expertise or represent

14 an organization or government entity as

15 follows—

16 (i) one trustee shall have expertise in

17 aspects of domesticated livestock manage18 ment, production, and marketing, including

19 range management and livestock business

20 management;

21 (ii) one trustee shall have expertise in

22 the management of game and nongame

23 wildlife and fish populations, including

24 hunting, fishing, and other recreational ac25 tivities;
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1 (iii) one trustee shall have expertise in

2 the sustainable management of forest lands

3 for commodity and noncommodity purposes;

4 (iv) one trustee shall be active in a

5 nonprofit conservation organization con6 cerned with the activities of the Forest Serv7 ice;

8 (v) one trustee shall have expertise in

9 financial management, budget and program

10 analysis, and small business operations;

11 (vi) one trustee shall have expertise in

12 the cultural and natural history of the re13 gion; and

14 (vii) one trustee shall be active in

15 State or local government in New Mexico,

16 with expertise in the customs of the local

17 area.

18 (2) QUALIFICATIONS.—Of the trustees appointed

19 by the President—

20 (A) none shall be employees of the Federal

21 Government; and

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

23 State of New Mexico.

24 (b) INITIAL APPOINTMENTS.—The President shall

25 make the initial appointments to the Board of Trustees
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1 within 90 days after acquisition of the Baca ranch under

2 section 104(a).

3 (c) TERMS.—

4 (1) IN GENERAL.—Appointed trustees shall each

5 serve a term of 4 years, except that of the trustees first

6 appointed, 4 shall serve for a term of 4 years, and 3

7 shall serve for a term of 2 years.

8 (2) VACANCIES.—Any vacancy among the ap9 pointed trustees shall be filled in the same manner in

10 which the original appointment was made, and any

11 trustee appointed to fill a vacancy shall serve for the

12 remainder of that term for which his or her prede13 cessor was appointed.

14 (3) LIMITATIONS.—No appointed trustee may

15 serve more than 8 years in consecutive terms.

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

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

18 (e) ORGANIZATION AND COMPENSATION.—

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

20 itself in such a manner as it deems most appropriate

21 to effectively carry out the activities of the Trust.

22 (2) COMPENSATION OF TRUSTEES.—Trustees

23 shall serve without pay, but may be reimbursed from

24 the funds of the Trust for the actual and necessary
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1 travel and subsistence expenses incurred by them in

2 the performance of their duties.

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

4 the membership of the Board.

5 (f) LIABILITY OF TRUSTEES.—Appointed trustees shall

6 not be considered Federal employees by virtue of their mem7 bership on the Board, except for purposes of the Federal

8 Tort Claims Act, the Ethics in Government Act, and the

9 provisions of chapter 11 of title 18, United States Code.

10 (g) MEETINGS.—

11 (1) LOCATION AND TIMING OF MEETINGS.—The

12 Board shall meet in sessions open to the public at

13 least three times per year in New Mexico. Upon a

14 majority vote made in open session, and a public

15 statement of the reasons therefore, the Board may

16 close any other meetings to the public: Provided, That

17 any final decision of the Board to adopt or amend the

18 comprehensive management program under section

19 108(d) or to approve any activity related to the man20 agement of the land or resources of the Preserve shall

21 be made in open public session.

22 (2) PUBLIC INFORMATION.—In addition to other

23 requirements of applicable law, the Board shall estab24 lish procedures for providing appropriate public in-
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1 formation and periodic opportunities for public com2 ment regarding the management of the Preserve.

3 SEC. 108. RESOURCE MANAGEMENT.

4 (a) ASSUMPTION OF MANAGEMENT.—The Trust shall

5 assume all authority provided by this title to manage the

6 Preserve upon a determination by the Secretary, which to

7 the maximum extent practicable shall be made within 60

8 days after the appointment of the Board, that—

9 (1) the Board is duly appointed, and able to con10 duct business; and

11 (2) provision has been made for essential man12 agement services.

13 (b) MANAGEMENT RESPONSIBILITIES.—Upon assump14 tion of management of the Preserve under subsection (a),

15 the Trust shall manage the land and resources of the Pre16 serve and the use thereof including, but not limited to such

17 activities as—

18 (1) administration of the operations of the Pre19 serve;

20 (2) preservation and development of the land

21 and resources of the Preserve;

22 (3) interpretation of the Preserve and its history

23 for the public;

24 (4) management of public use and occupancy of

25 the Preserve; and
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1 (5) maintenance, rehabilitation, repair, and im2 provement of property within the Preserve.

3 (c) AUTHORITIES.—

4 (1) IN GENERAL.—The Trust shall develop pro5 grams and activities at the Preserve, and shall have

6 the authority to negotiate directly and enter into such

7 agreements, leases, contracts and other arrangements

8 with any person, firm, association, organization, cor9 poration or governmental entity, including without

10 limitation, entities of Federal, State, and local gov11 ernments, and consultation with Indian tribes and

12 pueblos, as are necessary and appropriate to carry

13 out its authorized activities or fulfill the purposes of

14 this title. Any such agreements may be entered into

15 without regard to section 321 of the Act of June 30,

16 1932 (40 U.S.C. 303b).

17 (2) PROCEDURES.—The Trust shall establish

18 procedures for entering into lease agreements and

19 other agreements for the use and occupancy of facili20 ties of the Preserve. The procedures shall ensure rea21 sonable competition, and set guidelines for deter22 mining reasonable fees, terms, and conditions for such

23 agreements.

24 (3) LIMITATIONS.—The Trust may not dispose of

25 any real property in, or convey any water rights ap-
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1 purtenant to the Preserve. The Trust may not convey

2 any easement, or enter into any contract, lease, or

3 other agreement related to use and occupancy of prop4 erty within the Preserve for a period greater than 10

5 years. Any such easement, contract, lease, or other

6 agreement shall provide that, upon termination of the

7 Trust, such easement, contract, lease or agreement is

8 terminated.

9 (4) APPLICATION OF PROCUREMENT LAWS.—

10 (A) IN GENERAL.—Notwithstanding any

11 other provision of law, Federal laws and regula12 tions governing procurement by Federal agencies

13 shall not apply to the Trust, with the exception

14 of laws and regulations related to Federal Gov15 ernment contracts governing health and safety

16 requirements, wage rates, and civil rights.

17 (B) PROCEDURES.—The Trust, in consulta18 tion with the Administrator of Federal Procure19 ment Policy, Office of Management and Budget,

20 shall establish and adopt procedures applicable

21 to the Trust’s procurement of goods and services,

22 including the award of contracts on the basis of

23 contractor qualifications, price, commercially

24 reasonable buying practices, and reasonable com25 petition.
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1 (d) MANAGEMENT PROGRAM.—Within two years after

2 assumption of management responsibilities for the Preserve,

3 the Trust shall, in accordance with subsection (f), develop

4 a comprehensive program for the management of lands, re5 sources, and facilities within the Preserve to carry out the

6 purposes under section 105(b). To the extent consistent with

7 such purposes, such program shall provide for—

8 (1) operation of the Preserve as a working ranch,

9 consistent with paragraphs (2) through (4);

10 (2) the protection and preservation of the sci11 entific, scenic, geologic, watershed, fish, wildlife, his12 toric, cultural and recreational values of the Preserve;

13 (3) multiple use and sustained yield of renewable

14 resources within the Preserve;

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

16 recreation;

17 (5) renewable resource utilization and manage18 ment alternatives that, to the extent practicable—

19 (A) benefit local communities and small

20 businesses;

21 (B) enhance coordination of management

22 objectives with those on surrounding National

23 Forest System land; and

24 (C) provide cost savings to the Trust

25 through the exchange of services, including but
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1 not limited to labor and maintenance of facili2 ties, for resources or services provided by the

3 Trust; and

4 (6) optimizing the generation of income based on

5 existing market conditions, to the extent that it does

6 not unreasonably diminish the long-term scenic and

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

8 sustained yield capability of the land.

9 (e) PUBLIC USE AND RECREATION.—

10 (1) IN GENERAL.—The Trust shall give thorough

11 consideration to the provision of appropriate opportu12 nities for public use and recreation that are consistent

13 with the other purposes under section 105(b). The

14 Trust is expressly authorized to construct and up15 grade roads and bridges, and provide other facilities

16 for activities including, but not limited to camping

17 and picnicking, hiking, and cross country skiing.

18 Roads, trails, bridges, and recreational facilities con19 structed within the Preserve shall meet public safety

20 standards applicable to units of the National Forest

21 System and the State of New Mexico.

22 (2) FEES.—Notwithstanding any other provision

23 of law, the Trust is authorized to assess reasonable

24 fees for admission to, and the use and occupancy of,

25 the Preserve: Provided, That admission fees and any
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1 fees assessed for recreational activities shall be imple2 mented only after public notice and a period of not

3 less than 60 days for public comment.

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

5 the Baca ranch under section 104(a), and after an in6 terim planning period of no more than two years, the

7 public shall have reasonable access to the Preserve for

8 recreation purposes. The Secretary, prior to assump9 tion of management of the Preserve by the Trust, and

10 the Trust thereafter, may reasonably limit the number

11 and types of recreational admissions to the Preserve,

12 or any part thereof, based on the capability of the

13 land, resources, and facilities. The use of reservation

14 or lottery systems is expressly authorized to imple15 ment this paragraph.

16 (f) APPLICABLE LAWS.—

17 (1) IN GENERAL.—The Trust, and the Secretary

18 in accordance with section 109(b), shall administer

19 the Preserve in conformity with this title and all laws

20 pertaining to the National Forest System, except the

21 Forest and Rangeland Renewable Resources Planning

22 Act of 1974, as amended (16 U.S.C. 1600 et seq.).

23 (2) ENVIRONMENTAL LAWS.—The Trust shall be

24 deemed a Federal agency for the purposes of compli25 ance with Federal environmental laws.
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1 (3) CRIMINAL LAWS.—All criminal laws relating

2 to Federal property shall apply to the same extent as

3 on adjacent units of the National Forest System.

4 (4) REPORTS ON APPLICABLE RULES AND REGU5 LATIONS.—The Trust may submit to the Secretary

6 and the Committees of Congress a compilation of ap7 plicable rules and regulations which in the view of the

8 Trust are inappropriate, incompatible with this title,

9 or unduly burdensome.

10 (5) CONSULTATION WITH TRIBES AND PUEB11 LOS.—The Trust is authorized and directed to cooper12 ate and consult with Indian tribes and pueblos on

13 management policies and practices for the Preserve

14 which may affect them. The Trust is authorized to

15 allow the use of lands within the Preserve for reli16 gious and cultural uses by Native Americans and, in

17 so doing, may set aside places and times of exclusive

18 use consistent with the American Indian Religious

19 Freedom Act (42 U.S.C. 1996 (note)) and other appli20 cable statutes.

21 (6) NO ADMINISTRATIVE APPEAL.—The adminis22 trative appeals regulations of the Secretary shall not

23 apply to activities of the Trust and decisions of the

24 Board.
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1 (g) LAW ENFORCEMENT AND FIRE MANAGEMENT.—

2 The Secretary shall provide law enforcement services under

3 a cooperative agreement with the Trust to the extent gen4 erally authorized in other units of the National Forest Sys5 tem. The Trust shall be deemed a Federal agency for pur6 poses of the law enforcement authorities of the Secretary

7 (within the meaning of section 15008 of the National Forest

8 System Drug Control Act of 1986 (16 U.S.C. 559g)). At

9 the request of the Trust, the Secretary may provide fire

10 presuppression, fire suppression, and rehabilitation serv11 ices: Provided, That the Trust shall reimburse the Secretary

12 for salaries and expenses of fire management personnel,

13 commensurate with services provided.

14 SEC. 109. AUTHORITIES OF THE SECRETARY.

15 (a) IN GENERAL.—Notwithstanding the assumption of

16 management of the Preserve by the Trust, the Secretary is

17 authorized to—

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

19 Federal Land Policy and Management Act of 1976, of

20 over 10 years duration, in cooperation with the Trust,

21 including, but not limited to, road and utility rights22 of-way, and communication sites;

23 (2) issue orders under and enforce prohibitions

24 generally applicable on other units of the National

25 Forest System, in cooperation with the Trust;
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1 (3) exercise the authorities of the Secretary under

2 the Wild and Scenic Rivers Act (16 U.S.C. 1278, et

3 seq.) and the Federal Power Act (16 U.S.C. 797, et

4 seq.), in cooperation with the Trust;

5 (4) acquire the mineral rights referred to in sec6 tion 104(e);

7 (5) provide law enforcement and fire manage8 ment services under section 108(g);

9 (6) at the request of the Trust, exchange land or

10 interests in land within the Preserve under laws gen11 erally applicable to other units of the National Forest

12 System, or otherwise dispose of land or interests in

13 land within the Preserve under Public Law 97–465

14 (16 U.S.C. 521c through 521i);

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

16 and criminal cases pertaining to the Preserve to the

17 Department of Justice for prosecution;

18 (8) retain title to and control over fossils and ar19 chaeological artifacts found within the Preserve;

20 (9) at the request of the Trust, construct and op21 erate a visitors’ center in or near the Preserve, subject

22 to the availability of appropriated funds;

23 (10) conduct the assessment of the Trust’s per24 formance, and, if the Secretary determines it nec-
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1 essary, recommend to Congress the termination of the

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

3 (11) conduct such other activities for which ex4 press authorization is provided to the Secretary by

5 this title.

6 (b) INTERIM MANAGEMENT.—

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

8 the Preserve in accordance with this title during the

9 interim period from the date of acquisition of the

10 Baca ranch under section 104(a) to the date of as11 sumption of management of the Preserve by the Trust

12 under section 108. The Secretary may enter into any

13 agreement, lease, contract, or other arrangement on

14 the same basis as the Trust under section 108(c)(1):

15 Provided, That any agreement, lease, contract, or

16 other arrangement entered into by the Secretary shall

17 not exceed two years in duration unless expressly ex18 tended by the Trust upon its assumption of manage19 ment of the Preserve.

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

21 the Secretary from the management of the Preserve

22 during the interim period under paragraph (1) shall

23 be deposited into the ‘‘Valles Caldera Fund’’ estab24 lished under section 106(h)(2), and such monies in

25 the fund shall be available to the Secretary, without
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1 further appropriation, for the purpose of managing

2 the Preserve in accordance with the responsibilities

3 and authorities provided to the Trust under section

4 108.

5 (c) SECRETARIAL AUTHORITY.—The Secretary retains

6 the authority to suspend any decision of the Board with

7 respect to the management of the Preserve if he finds that

8 the decision is clearly inconsistent with this title. Such au9 thority shall only be exercised personally by the Secretary,

10 and may not be delegated. Any exercise of this authority

11 shall be in writing to the Board, and notification of the

12 decision shall be given to the Committees of Congress. Any

13 suspended decision shall be referred back to the Board for

14 reconsideration.

15 (d) ACCESS.—The Secretary shall at all times have ac16 cess to the Preserve for administrative purposes.

17 SEC. 110. TERMINATION OF THE TRUST.

18 (a) IN GENERAL.—The Valles Caldera Trust shall ter19 minate at the end of the twentieth full fiscal year following

20 acquisition of the Baca ranch under section 104(a).

21 (b) RECOMMENDATIONS.—

22 (1) BOARD.—

23 (A) If after the fourteenth full fiscal years

24 from the date of acquisition of the Baca ranch

25 under section 104(a), the Board believes the
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1 Trust has met the goals and objectives of the

2 comprehensive management program under sec3 tion 108(d), but has not become financially self4 sustaining, the Board may submit to the Com5 mittees of Congress, a recommendation for au6 thorization of appropriations beyond that pro7 vided under this title.

8 (B) During the eighteenth full fiscal year

9 from the date of acquisition of the Baca ranch

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

11 the Secretary its recommendation that the Trust

12 be either extended or terminated including the

13 reasons for such recommendation.

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

15 of the recommendation of the Board under paragraph

16 (1)(B), the Secretary shall submit to the Committees

17 of Congress the Board’s recommendation on extension

18 or termination along with the recommendation of the

19 Secretary with respect to the same and stating the

20 reasons for such recommendation.

21 (c) EFFECT OF TERMINATION.—In the event of termi22 nation of the Trust, the Secretary shall assume all manage23 ment and administrative functions over the Preserve, and

24 it shall thereafter be managed as a part of the Santa Fe
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1 National Forest, subject to all laws applicable to the Na2 tional Forest System.

3 (d) ASSETS.—In the event of termination of the Trust,

4 all assets of the Trust shall be used to satisfy any out5 standing liabilities, and any funds remaining shall be

6 transferred to the Secretary for use, without further appro7 priation, for the management of the Preserve.

8 (e) VALLES CALDERA FUND.—In the event of termi9 nation, the Secretary shall assume the powers of the Trust

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

11 Fund shall not terminate. Any balances remaining in the

12 fund shall be available to the Secretary, without further ap13 propriation, for any purpose consistent with the purposes

14 of this title.

15 SEC. 111. LIMITATIONS ON FUNDING.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

17 hereby authorized to be appropriated to the Secretary and

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

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

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

21 section 104(a).

22 (b) SCHEDULE OF APPROPRIATIONS.—Within two

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

24 submit to Congress a plan which includes a schedule of an25 nual decreasing appropriated funds that will achieve, at a
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1 minimum, the financially self-sustained operation of the

2 Trust within 15 full fiscal years after the date of acquisition

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

4 SEC. 112. GENERAL ACCOUNTING OFFICE STUDY.

5 (a) INITIAL STUDY.—Three years after the assumption

6 of management by the Trust, the General Accounting Office

7 shall conduct an interim study of the activities of the Trust

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

9 of Congress. The study shall include, but shall not be limited

10 to, details of programs and activities operated by the Trust

11 and whether it met its obligations under this title.

12 (b) SECOND STUDY.—Seven years after the assump13 tion of management by the Trust, the General Accounting

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

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

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

17 failure to meet obligations that may be identified under sub18 section (a), and further evaluation on the ability of the

19 Trust to meet its obligations under this title.

20 TITLE II—FEDERAL LAND

21 TRANSACTION FACILITATION

22 SEC. 201. SHORT TITLE.

23 This title may be cited as the ‘‘Federal Land Trans24 action Facilitation Act’’.
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1 SEC. 202. FINDINGS.

2 Congress finds that—

3 (1) the Bureau of Land Management has author4 ity under the Federal Land Policy and Management

5 Act of 1976 (43 U.S.C. 1701 et seq.) to sell land iden6 tified for disposal under its land use planning;

7 (2) the Bureau of Land Management has author8 ity under that Act to exchange Federal land for non9 Federal land if the exchange would be in the public

10 interest;

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

12 the Bureau of Land Management has identified cer13 tain tracts of public land for disposal;

14 (4) the Federal land management agencies of the

15 Departments of the Interior and Agriculture have au16 thority under existing law to acquire land consistent

17 with the mission of each agency;

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

19 disposal and the acquisition of certain non-Federal

20 land from willing landowners would—

21 (A) allow for the reconfiguration of land

22 ownership patterns to better facilitate resource

23 management;

24 (B) contribute to administrative efficiency

25 within Federal land management units; and
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1 (C) allow for increased effectiveness of the

2 allocation of fiscal and human resources within

3 the Federal land management agencies;

4 (6) a more expeditious process for disposal and

5 acquisition of land, established to facilitate a more ef6 fective configuration of land ownership patterns,

7 would benefit the public interest;

8 (7) many private individuals own land within

9 the boundaries of Federal land management units

10 and desire to sell the land to the Federal Government;

11 (8) such land lies within national parks, na12 tional monuments, national wildlife refuges, national

13 forests, and other areas designated for special man14 agement;

15 (9) Federal land management agencies are fac16 ing increased workloads from rapidly growing public

17 demand for the use of public land, making it difficult

18 for Federal managers to address problems created by

19 the existence of inholdings in many areas;

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

21 Government would mutually benefit from Federal ac22 quisition of the land on a priority basis;

23 (11) proceeds generated from the disposal of pub24 lic land may be properly dedicated to the acquisition

25 of inholdings and other land that will improve the re-
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1 source management ability of the Federal land man2 agement agencies and adjoining landowners;

3 (12) using proceeds generated from the disposal

4 of public land to purchase inholdings and other such

5 land from willing sellers would enhance the ability of

6 the Federal land management agencies to—

7 (A) work cooperatively with private land8 owners and State and local governments; and

9 (B) promote consolidation of the ownership

10 of public and private land in a manner that

11 would allow for better overall resource manage12 ment;

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

14 that has been identified for disposal is the best way

15 for the public to receive fair market value for the

16 land; and

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

18 land and resource management programs, the Bureau

19 of Land Management may use non-Federal entities to

20 prepare appraisal documents for agency review and

21 approval consistent with applicable provisions of the

22 Uniform Standards for Federal Land Acquisition.

23 SEC. 203. DEFINITIONS.

24 In this title:
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1 (1) EXCEPTIONAL RESOURCE.—The term ‘‘excep2 tional resource’’ means a resource of scientific, nat3 ural, historic, cultural, or recreational value that has

4 been documented by a Federal, State, or local govern5 mental authority, and for which there is a compelling

6 need for conservation and protection under the juris7 diction of a Federal agency in order to maintain the

8 resource for the benefit of the public.

9 (2) FEDERALLY DESIGNATED AREA.—The term

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

11 and the eleven contiguous Western States (as defined

12 in section 103(o) of the Federal Land Policy and

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

14 the date of enactment of this Act was within the

15 boundary of—

16 (A) a national monument, area of critical

17 environmental concern, national conservation

18 area, national riparian conservation area, na19 tional recreation area, national scenic area, re20 search natural area, national outstanding nat21 ural area, or a national natural landmark man22 aged by the Bureau of Land Management;

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

24 (C) a unit of the National Wildlife Refuge

25 System;
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1 (D) an area of the National Forest System

2 designated for special management by an Act of

3 Congress; or

4 (E) an area within which the Secretary or

5 the Secretary of Agriculture is otherwise author6 ized by law to acquire lands or interests therein

7 that is designated as—

8 (i) wilderness under the Wilderness Act

9 (16 U.S.C. 1131 et seq.);

10 (ii) a wilderness study area;

11 (iii) a component of the Wild and Sce12 nic Rivers System under the Wild and Sce13 nic Rivers Act (16 U.S.C. 1271 et seq.); or

14 (iv) a component of the National

15 Trails System under the National Trails

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

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

18 any right, title, or interest, held by a non-Federal en19 tity, in or to a tract of land that lies within the

20 boundary of a federally designated area.

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

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

23 Federal Land Policy and Management Act of 1976

24 (43 U.S.C. 1702)).
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 SEC. 204. IDENTIFICATION OF INHOLDINGS.

4 (a) IN GENERAL.—The Secretary and the Secretary of

5 Agriculture shall establish a procedure to—

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

7 landowner has indicated a desire to sell the land or

8 interest therein to the United States; and

9 (2) prioritize the acquisition of inholdings in ac10 cordance with section 206(c)(3).

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

12 date of enactment of this title and periodically thereafter,

13 the Secretary and the Secretary of Agriculture shall provide

14 public notice of the procedures referred to in subsection (a),

15 including any information necessary for the consideration

16 of an inholding under section 206. Such notice shall include

17 publication in the Federal Register and by such other

18 means as the Secretary and the Secretary of Agriculture

19 determine to be appropriate.

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 from

24 the landowner in response to public notice given

25 under subsection (b); and
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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 ac10 quired 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 States

15 to acquire the inholding.

16 SEC. 205. DISPOSAL OF PUBLIC LAND.

17 (a) IN GENERAL.—The Secretary shall establish a pro18 gram, using funds made available under section 206, to

19 complete appraisals and satisfy other legal requirements for

20 the sale or exchange of public land identified for disposal

21 under approved land use plans (as in effect on the date of

22 enactment of this Act) under section 202 of the Federal

23 Land Policy and Management Act of 1976 (43 U.S.C.

24 1712).

25 (b) SALE OF PUBLIC LAND.—
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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 bidding

7 requirements under section 203(f) of the Federal Land

8 Policy and Management Act of 1976 (43 U.S.C.

9 1713(f)) shall apply to this section in cases in which

10 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’’.
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1 (b) AVAILABILITY.—Amounts in the Federal Land Dis2 posal Account shall be available to the Secretary and the

3 Secretary of Agriculture, without further Act of appropria4 tion, 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 be

13 used to purchase lands or interests therein that

14 are otherwise authorized by law to be acquired,

15 and that are—

16 (i) inholdings; and

17 (ii) adjacent to federally designated

18 areas and contain exceptional resources.

19 (B) INHOLDINGS.—Not less than 80 percent

20 of the funds allocated for the purchase of land

21 within each State shall be used to acquire

22 inholdings identified under section 204.

23 (C) ADMINISTRATIVE AND OTHER EX24 PENSES.—An amount not to exceed 20 percent of

25 the funds deposited in the Federal Land Disposal
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1 Account may be used by the Secretary for ad2 ministrative and other expenses necessary to

3 carry out the land disposal program under sec4 tion 205.

5 (D) SAME STATE PURCHASES.—Of the

6 amounts not used under subparagraph (C), not

7 less than 80 percent shall be expended within the

8 State in which the funds were generated. Any re9 maining funds may be expended in any other

10 State.

11 (3) PRIORITY.—The Secretary and the Secretary

12 of Agriculture shall develop a procedure for

13 prioritizing the acquisition of inholdings and non14 Federal lands with exceptional resources as provided

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

16 (A) the date the inholding was established

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

18 (B) the extent to which acquisition of the

19 land or interest therein will facilitate manage20 ment efficiency; and

21 (C) such other criteria as the Secretary and

22 the Secretary of Agriculture deem appropriate.

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

24 this section shall be—

25 (A) from a willing seller;
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1 (B) contingent on the conveyance of title ac2 ceptable to the Secretary, or the Secretary of Ag3 riculture in the case of an acquisition of Na4 tional Forest System land, using title standards

5 of the Attorney General;

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

7 value consistent with applicable provisions of the

8 Uniform Appraisal Standards for Federal Land

9 Acquisitions; and

10 (D) managed as part of the unit within

11 which it is contained.

12 (d) CONTAMINATED SITES AND SITES DIFFICULT AND

13 UNECONOMIC TO MANAGE.—Funds in the Federal Land

14 Disposal Account shall not be used to purchase land or an

15 interest in land that, as determined by the Secretary or the

16 Secretary of Agriculture—

17 (1) contains a hazardous substances or is other18 wise contaminated; or

19 (2) because of the location or other characteris20 tics of the land, would be difficult or uneconomic to

21 manage as Federal land.

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

23 Funds made available under this section shall be supple24 mental to any funds appropriated under the Land and

25 Water Conservation Fund Act (16 U.S.C. 460l–4 et seq.).
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1 (f) TERMINATION.—On termination of activities under

2 section 205—

3 (1) the Federal Land Disposal Account shall be

4 terminated; and

5 (2) any remaining balance in the account shall

6 become available for appropriation under section 3 of

7 the Land and Water Conservation Fund Act (16

8 U.S.C. 460l–6).

9 SEC. 207. SPECIAL PROVISIONS.

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

11 exemption from any limitation on the acquisition of land

12 or interest in land under any Federal Law in effect on the

13 date of enactment of this Act.

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

15 eligible for sale under—

16 (1) Public Law 96–568 (commonly known as the

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

18 (2) the Southern Nevada Public Land Manage19 ment Act of 1998 (112 Stat. 2343).

20 (c) EXCHANGES.—Nothing in this title precludes, pre21 empts, or limits the authority to exchange land under au22 thorities providing for the exchange of Federal lands, in23 cluding but not limited to—

24 (1) the Federal Land Policy and Management

25 Act of 1976 (43 U.S.C. 1701 et seq.); or
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1 (2) the Federal Land Exchange Facilitation Act

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

3 that Act.

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

5 creates a right or benefit, substantive or procedural, enforce6 able at law or in equity by a party against the United

7 States, its agencies, its officers, or any other person.