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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 285 Reported in Senate (RS)]

                                                       Calendar No. 174
113th CONGRESS
  1st Session
                                 S. 285

                          [Report No. 113-96]

  To designate the Valles Caldera National Preserve as a unit of the 
             National Park System, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2013

 Mr. Udall of New Mexico (for himself and Mr. Heinrich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           September 10, 2013

                 Reported by Mr. Wyden, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  To designate the Valles Caldera National Preserve as a unit of the 
             National Park System, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Valles Caldera National Preserve 
Management Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible employee.--The term ``eligible employee'' 
        means a person who was a full-time or part-time employee of the 
        Trust during the 180-day period immediately preceding the date 
        of enactment of this Act.
            (2) Fund.--The term ``Fund'' means the Valles Caldera Fund 
        established by section 106(h)(2) of the Valles Caldera 
        Preservation Act (16 U.S.C. 698v-4(h)(2)).
            (3) Preserve.--The term ``Preserve'' means the Valles 
        Caldera National Preserve in the State.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of New 
        Mexico.
            (6) Trust.--The term ``Trust'' means the Valles Caldera 
        Trust established by section 106(a) of the Valles Caldera 
        Preservation Act (16 U.S.C. 698v-4(a)).

SEC. 3. VALLES CALDERA NATIONAL PRESERVE.

    (a) Designation as Unit of the National Park System.--To protect, 
preserve, and restore the fish, wildlife, watershed, natural, 
scientific, scenic, geologic, historic, cultural, archaeological, and 
recreational values of the area, the Valles Caldera National Preserve 
is designated as a unit of the National Park System.
    (b) Management.--
            (1) Applicable law.--The Secretary shall administer the 
        Preserve in accordance with--
                    (A) this Act; and
                    (B) the laws generally applicable to units of the 
                National Park System, including--
                            (i) the National Park Service Organic Act 
                        (16 U.S.C. 1 et seq.); and
                            (ii) the Act of August 21, 1935 (16 U.S.C. 
                        461 et seq.).
            (2) Management coordination.--The Secretary may coordinate 
        the management and operations of the Preserve with the 
        Bandelier National Monument.
            (3) Management plan.--
                    (A) In general.--Not later than 3 fiscal years 
                after the date on which funds are made available to 
                implement this subsection, the Secretary shall prepare 
                a management plan for the Preserve.
                    (B) Applicable law.--The management plan shall be 
                prepared in accordance with--
                            (i) section 12(b) of Public Law 91-383 
                        (commonly known as the ``National Park Service 
                        General Authorities Act'') (16 U.S.C. 1a-7(b)); 
                        and
                            (ii) any other applicable laws.
                    (C) Consultation.--The management plan shall be 
                prepared in consultation with--
                            (i) the Secretary of Agriculture;
                            (ii) State and local governments;
                            (iii) Indian tribes and pueblos, including 
                        the Pueblos of Jemez, Santa Clara, and San 
                        Ildefonso; and
                            (iv) the public.
    (c) Acquisition of Land.--
            (1) In general.--The Secretary may acquire land and 
        interests in land within the boundaries of the Preserve by--
                    (A) purchase with donated or appropriated funds;
                    (B) donation; or
                    (C) transfer from another Federal agency.
            (2) Administration of acquired land.--On acquisition of any 
        land or interests in land under paragraph (1), the acquired 
        land or interests in land shall be administered as part of the 
        Preserve.
    (d) Science and Education Program.--
            (1) In general.--The Secretary shall--
                    (A) until the date on which a management plan is 
                completed in accordance with subsection (b)(3), carry 
                out the science and education program for the Preserve 
                established by the Trust; and
                    (B) beginning on the date on which a management 
                plan is completed in accordance with subsection (b)(3), 
                establish a science and education program for the 
                Preserve that--
                            (i) allows for research and interpretation 
                        of the natural, historic, cultural, geologic 
                        and other scientific features of the Preserve;
                            (ii) provides for improved methods of 
                        ecological restoration and science-based 
                        adaptive management of the Preserve; and
                            (iii) promotes outdoor educational 
                        experiences in the Preserve.
            (2) Science and education center.--As part of the program 
        established under paragraph (1)(B), the Secretary may establish 
        a science and education center outside the boundaries of the 
        Preserve in Jemez Springs, New Mexico.
    (e) Grazing.--The Secretary <DELETED>may</DELETED> shall allow the 
grazing of livestock within the Preserve to continue--
            (1) at levels and locations determined by the Secretary to 
        be appropriate, consistent with this Act; and
            (2) to the extent the use furthers scientific research or 
        interpretation of the ranching history of the Preserve.
<DELETED>    (f) Fish and Wildlife.--Nothing in this Act affects the 
responsibilities of the State with respect to fish and wildlife in the 
State, except that the Secretary, in consultation with the New Mexico 
Department of Game and Fish--</DELETED>
        <DELETED>    (1) shall permit hunting and fishing on land and 
        water within the Preserve in accordance with applicable Federal 
        and State laws; and</DELETED>
        <DELETED>    (2) may designate zones in which, and establish 
        periods during which, no hunting or fishing shall be permitted 
        for reasons of public safety, administration, the protection of 
        wildlife and wildlife habitats, or public use and 
        enjoyment.</DELETED>
    (f) Hunting, Fishing, and Trapping.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall permit hunting, fishing, and trapping on land 
        and water within the Preserve in accordance with applicable 
        Federal and State law.
            (2) Administrative exceptions.--The Secretary may designate 
        areas in which, and establish limited periods during which, no 
        hunting, fishing, or trapping shall be permitted under 
        paragraph (1) for reasons of public safety, administration, or 
        compliance with applicable law.
            (3) Agency agreement.--Except in an emergency, regulations 
        closing areas within the Preserve to hunting, fishing, or 
        trapping under this subsection shall be made in consultation 
        with the appropriate agency of the State having responsibility 
        for fish and wildlife administration.
            (4) Savings clause.--Nothing in this Act affects any 
        jurisdiction or responsibility of the State with respect to 
        fish and wildlife in the Preserve.
    (g) Ecological Restoration.--
            (1) In general.--The Secretary shall undertake activities 
        to improve the health of forest, grassland, and riparian areas 
        within the Preserve, including any activities carried out in 
        accordance with title IV of the Omnibus Public Land Management 
        Act of 2009 (16 U.S.C. 7301 et seq.).
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with adjacent pueblos to coordinate 
        activities carried out under paragraph (1) on the Preserve and 
        adjacent pueblo land.
    (h) Withdrawal.--Subject to valid existing rights, all land and 
interests in land within the boundaries of the Preserve are withdrawn 
from--
            (1) entry, disposal, or appropriation under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing laws, geothermal 
        leasing laws, and mineral materials laws.
    (i) Volcanic Domes and Other Peaks.--
            (1) In general.--Except as provided in paragraph (3), for 
        the purposes of preserving the natural, cultural, religious, 
        archaeological, and historic resources of the volcanic domes 
        and other peaks in the Preserve described in paragraph (2) 
        within the area of the domes and peaks above 9,600 feet in 
        elevation or 250 feet below the top of the dome, whichever is 
        lower--
                    (A) no roads or buildings shall be constructed; and
                    (B) no motorized access shall be allowed.
            (2) Description of volcanic domes.--The volcanic domes and 
        other peaks referred to in paragraph (1) are--
                    (A) Redondo Peak;
                    (B) Redondito;
                    (C) South Mountain;
                    (D) San Antonio Mountain;
                    (E) Cerro Seco;
                    (F) Cerro San Luis;
                    (G) Cerros Santa Rosa;
                    (H) Cerros del Abrigo;
                    (I) Cerro del Medio;
                    (J) Rabbit Mountain;
                    (K) Cerro Grande;
                    (L) Cerro Toledo;
                    (M) Indian Point;
                    (N) Sierra de los Valles; and
                    (O) Cerros de los Posos.
            (3) Exception.--Paragraph (1) shall not apply in cases in 
        which construction or motorized access is necessary for 
        administrative purposes (including ecological restoration 
        activities or measures required in emergencies to protect the 
        health and safety of persons in the area).
    (j) Traditional Cultural and Religious Sites.--
            (1) In general.--The Secretary, in consultation with Indian 
        tribes and pueblos, shall ensure the protection of traditional 
        cultural and religious sites in the Preserve.
            (2) Access.--The Secretary, in accordance with Public Law 
        95-341 (commonly known as the ``American Indian Religious 
        Freedom Act'') (42 U.S.C. 1996)--
                    (A) shall provide access to the sites described in 
                paragraph (1) by members of Indian tribes or pueblos 
                for traditional cultural and customary uses; and
                    (B) may, on request of an Indian tribe or pueblo, 
                temporarily close to general public use 1 or more 
                specific areas of the Preserve to protect traditional 
                cultural and customary uses in the area by members of 
                the Indian tribe or pueblo.
            (3) Prohibition on motorized access.--The Secretary shall 
        maintain prohibitions on the use of motorized or mechanized 
        travel on Preserve land located adjacent to the Santa Clara 
        Indian Reservation, to the extent the prohibition was in effect 
        on the date of enactment of this Act.
    (k) Caldera Rim Trail.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Agriculture, affected Indian tribes and pueblos, 
        and the public, shall study the feasibility of establishing a 
        hiking trail along the rim of the Valles Caldera on--
                    (A) land within the Preserve; and
                    (B) National Forest System land that is adjacent to 
                the Preserve.
            (2) Agreements.--On the request of an affected Indian tribe 
        or pueblo, the Secretary and the Secretary of Agriculture shall 
        seek to enter into an agreement with the Indian tribe or pueblo 
        with respect to the Caldera Rim Trail that provides for the 
        protection of--
                    (A) cultural and religious sites in the vicinity of 
                the trail; and
                    (B) the privacy of adjacent pueblo land.
    (l) Valid Existing Rights.--Nothing in this Act affects valid 
existing rights.

SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.

    (a) In General.--Administrative jurisdiction over the Preserve is 
transferred from the Secretary of Agriculture and the Trust to the 
Secretary, to be administered as a unit of the National Park System, in 
accordance with section 3.
    (b) Exclusion From Santa Fe National Forest.--The boundaries of the 
Santa Fe National Forest are modified to exclude the Preserve.
    (c) Interim Management.--
            (1) Memorandum of agreement.--Not later than 90 days after 
        the date of enactment of this Act, the Secretary and the Trust 
        shall enter into a memorandum of agreement to facilitate the 
        orderly transfer to the Secretary of the administration of the 
        Preserve.
            (2) Existing management plans.--Notwithstanding the repeal 
        made by section 5(a), until the date on which the Secretary 
        completes a management plan for the Preserve in accordance with 
        section 3(b)(3), the Secretary may administer the Preserve in 
        accordance with any management activities or plans adopted by 
        the Trust under the Valles Caldera Preservation Act (16 U.S.C. 
        698v et seq.), to the extent the activities or plans are 
        consistent with section 3(b)(1).
            (3) Public use.--The Preserve shall remain open to public 
        use during the interim management period, subject to such terms 
        and conditions as the Secretary determines to be appropriate.
    (d) Valles Caldera Trust.--
            (1) Termination.--The Trust shall terminate 180 days after 
        the date of enactment of this Act unless the Secretary 
        determines that the termination date should be extended to 
        facilitate the transitional management of the Preserve.
            (2) Assets and liabilities.--
                    (A) Assets.--On termination of the Trust--
                            (i) all assets of the Trust shall be 
                        transferred to the Secretary; and
                            (ii) any amounts appropriated for the Trust 
                        shall remain available to the Secretary for the 
                        administration of the Preserve.
                    (B) Assumption of obligations.--
                            (i) In general.--On termination of the 
                        Trust, the Secretary shall assume all 
                        contracts, obligations, and other liabilities 
                        of the Trust.
                            (ii) New liabilities.--
                                    (I) Budget.--Not later than 90 days 
                                after the date of enactment of this 
                                Act, the Secretary and the Trust shall 
                                prepare a budget for the interim 
                                management of the Preserve.
                                    (II) Written concurrence 
                                required.--The Trust shall not incur 
                                any new liabilities not authorized in 
                                the budget prepared under subclause (I) 
                                without the written concurrence of the 
                                Secretary.
            (3) Personnel.--
                    (A) Hiring.--The Secretary and the Secretary of 
                Agriculture may hire employees of the Trust on a 
                noncompetitive basis for comparable positions at the 
                Preserve or other areas or offices under the 
                jurisdiction of the Secretary or the Secretary of 
                Agriculture.
                    (B) Salary.--Any employees hired from the Trust 
                under subparagraph (A) shall be subject to the 
                provisions of chapter 51, and subchapter III of chapter 
                53, title 5, United States Code, relating to 
                classification and General Schedule pay rates.
                    (C) Interim retention of eligible employees.--For a 
                period of not less than 180 days beginning on the date 
                of enactment of this Act, all eligible employees of the 
                Trust shall be--
                            (i) retained in the employment of the 
                        Trust;
                            (ii) considered to be placed on detail to 
                        the Secretary; and
                            (iii) subject to the direction of the 
                        Secretary.
                    (D) Termination for cause.--Nothing in this 
                paragraph precludes the termination of employment of an 
                eligible employee for cause during the period described 
                in subparagraph (C).
            (4) Records.--The Secretary shall have access to all 
        records of the Trust pertaining to the management of the 
        Preserve.
            (5) Valles caldera fund.--
                    (A) In general.--Effective on the date of enactment 
                of this Act, the Secretary shall assume the powers of 
                the Trust over the Fund.
                    (B) Availability and use.--Any amounts in the Fund 
                as of the date of enactment of this Act shall be 
                available to the Secretary for use, without further 
                appropriation, for the management of the Preserve.

SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT.

    (a) Repeal.--On the termination of the Trust, the Valles Caldera 
Preservation Act (16 U.S.C. 698v et seq.) is repealed.
    (b) Effect of Repeal.--Notwithstanding the repeal made by 
subsection (a)--
            (1) the authority of the Secretary of Agriculture to 
        acquire mineral interests under section 104(e) of the Valles 
        Caldera Preservation Act (16 U.S.C. 698v-2(e)) is transferred 
        to the Secretary and any proceeding for the condemnation of, or 
        payment of compensation for, an outstanding mineral interest 
        pursuant to the transferred authority shall continue;
            (2) the provisions in section 104(g) of the Valles Caldera 
        Preservation Act (16 U.S.C. 698v-2(g)) relating to the Pueblo 
        of Santa Clara shall remain in effect; and
            (3) the Fund shall not be terminated until all amounts in 
        the Fund have been expended by the Secretary.
    (c) Boundaries.--The repeal of the Valles Caldera Preservation Act 
(16 U.S.C. 698v et seq.) shall not affect the boundaries as of the date 
of enactment of this Act (including maps and legal descriptions) of--
            (1) the Preserve;
            (2) the Santa Fe National Forest (other than the 
        modification made by section 4(b));
            (3) Bandelier National Monument; and
            (4) any land conveyed to the Pueblo of Santa Clara.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 174

113th CONGRESS

  1st Session

                                 S. 285

                          [Report No. 113-96]

_______________________________________________________________________

                                 A BILL

  To designate the Valles Caldera National Preserve as a unit of the 
             National Park System, and for other purposes.

_______________________________________________________________________

                           September 10, 2013

                        Reported with amendments
```