I

105TH CONGRESS

2D SESSION H. R. 4816

To authorize the acquisition of the Valles Caldera currently managed by

the Baca Land and Cattle Company, to provide for an effective land

and wildlife management program for this resource within the Department of Agriculture through the private sector, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 12, 1998

Mr. REDMOND (for himself and Mrs. WILSON) introduced the following bill;

which was referred to the Committee on Resources

A BILL

To authorize the acquisition of the Valles Caldera currently

managed by the Baca Land and Cattle Company, to

provide for an effective land and wildlife management

program for this resource within the Department of Agriculture through the private sector, 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, owned and managed by the

10 Baca Land and Cattle Company, comprises most of

11 the Valles Caldera in central New Mexico, and con12 stitutes a unique land mass, with significant sci13 entific, cultural, historic, recreational, ecological,

14 wildlife, fisheries, and productive values;

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

16 dome with potential geothermal activity;

17 (3) the land comprising the Baca ranch was

18 originally granted to the heirs of Don Luis Maria

19 Cabeza de Vaca in 1860;

20 (4) historical evidence in the form of old log21 ging camps, and other artifacts, and the history of

22 territorial New Mexico indicate the importance of

23 this land over many generations for domesticated

24 livestock production and timber supply;
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1 (5) the careful husbandry of the Baca ranch by

2 the Dunigan family, the current owners, including

3 selective timbering, limited grazing and hunting, and

4 the use of prescribed fire, have preserved a mix of

5 healthy range and timber land with significant spe6 cies diversity, thereby serving as a model for sustain7 able land development and use;

8 (6) the Baca ranch’s natural beauty and abun9 dant resources, and its proximity to large municipal

10 populations, could provide numerous recreational op11 portunities for hiking, fishing, camping, cross-coun12 try skiing, and hunting;

13 (7) the Forest Service documented the scenic

14 and natural values of the Baca ranch in its 1993

15 study entitled ‘‘Report on the Study of the Baca Lo16 cation No. 1, Santa Fe National Forest, New Mex17 ico’’, as directed by Public Law 101–556;

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

19 and future generations by continued operation as a

20 working ranch under a unique management regime

21 which would protect the land and resource values of

22 the property and surrounding ecosystem while allow23 ing and providing for the ranch to eventually become

24 financially self-sustaining;
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1 (9) the current owners have indicated that they

2 wish to sell the Baca ranch, creating an opportunity

3 for federal acquisition and public access and enjoy4 ment of these lands;

5 (10) certain features on the Baca ranch have

6 historical and religious significance to Native Ameri7 cans which can be preserved and protected through

8 federal acquisition of the property;

9 (11) the unique nature of the Valles Caldera

10 and the potential uses of its resources with different

11 resulting impacts warrants a management regime

12 uniquely capable of developing an operational pro13 gram for appropriate preservation and development

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

15 interest of the public;

16 (12) an experimental management regime

17 should be provided by the establishment of a Trust

18 capable of using new methods of public land man19 agement that may prove to be cost-effective and en20 vironmentally sensitive; and

21 (13) the Secretary may promote more efficient

22 management of the Valles Caldera and the water23 shed of the Santa Clara Creek through the assign24 ment of purchase rights of such watershed to the

25 Pueblo of Santa Clara.
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1 (b) PURPOSES.—The purposes of this title are—

2 (1) to authorize Federal acquisition of the Baca

3 ranch;

4 (2) to protect and preserve for future genera5 tions the scenic and natural values of the Baca

6 ranch, associated rivers and ecosystems, and archae7 ological and cultural 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 section

24 104(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 described 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 United States

7 Senate and the Committee on Resources of the

8 House of Representatives.

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) PRESERVE.—The term ‘‘Preserve’’ means

23 the Valles Caldera National Preserve established

24 under section 105.
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1 (6) SECRETARY.—Except where otherwise pro2 vided, the term ‘‘Secretary’’ means the Secretary of

3 Agriculture.

4 (7) TRUST.—The term ‘‘Trust’’ means the

5 Valles Caldera Trust established under section

6 106(a).

7 SEC. 104. ACQUISITION OF LANDS.

8 (a) ACQUISITION OF BACA RANCH.—

9 (1) IN GENERAL.—In accordance with the Act

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

11 is authorized to acquire all or part of the rights, title

12 and interests in and to approximately 94,812 acres

13 of the Baca ranch, comprising the lands, facilities,

14 and structures referred to as the Baca Location No.

15 1, and generally depicted on a plat entitled ‘‘Inde16 pendent Resurvey of the Baca Location No. 1’’,

17 made by L.A. Osterhoudt, W.V. Hall and Charles

18 W. Devendorf, U.S. Cadastral Engineers, June 30,

19 1920–August 24, 1921, under special instructions

20 for Group No. 107 dated February 12, 1920, in

21 New Mexico.

22 (2) SOURCE OF FUNDS.—The acquisition pur23 suant to paragraph (1) may be made by purchase

24 through appropriated or donated funds, by ex25 change, by contribution, or by donation of land.
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1 Funds appropriated to the Secretary and the Sec2 retary of the Interior from the Land and Water

3 Conservation Fund shall be available for this pur4 pose.

5 (3) BASIS OF SALE.—The acquisition pursuant

6 to paragraph (1) shall be based on appraisal done in

7 conformity with the Uniform Appraisal Standards

8 for Federal Land Acquisitions and—

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

10 shall be on a willing seller basis for no more

11 than the fair market value of the land or inter12 ests therein acquired; and

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

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

15 value, in conformity with the existing exchange

16 authorities of the Secretary.

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

18 lands to the United States under this subsection

19 shall be by general warranty or other deed accept20 able to the Secretary and in conformity with applica21 ble title standards of the Attorney General.

22 (b) ADDITION OF LAND TO BANDELIER NATIONAL

23 MONUMENT.—

24 (1) IN GENERAL.—Upon acquisition of the

25 Baca ranch pursuant to subsection (a), the Sec-
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1 retary of the Interior shall assume administrative ju2 risdiction over the approximately 845 acres of the

3 land acquired within the Upper Alamo watershed as

4 depicted on the Forest Service map entitled ‘‘Pro5 posed Boundary Expansion Map Bandelier National

6 Monument’’ dated October, 1998.

7 (2) MANAGEMENT.—Upon assumption of ad8 ministrative jurisdiction pursuant to paragraph (1),

9 the Secretary of the Interior shall manage the added

10 land as a part of Bandelier National Monument, the

11 boundaries of which are hereby adjusted to encom12 pass such addition. The Secretary of the Interior is

13 authorized to utilize funds appropriated for the Na14 tional Park Service to acquire, on a willing seller

15 basis, the Elk Meadows subdivision within such

16 boundary adjustment.

17 (c) PLAT AND MAPS.—

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

19 conflict between the plat referred to in subsection

20 (a)(1) and the map referred to in subsection (b)(1)

21 and the acreages provided in such subsections, the

22 plat or map shall prevail.

23 (2) MINOR CORRECTIONS.—The Secretary and

24 the Secretary of the Interior may make minor cor25 rections in the boundaries of the Upper Alamo wa-
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1 tershed as depicted on the map referred to in sub2 section (b)(1).

3 (3) BOUNDARY MODIFICATION.—Upon the con4 veyance of any lands to any entity other than the

5 Secretary, the boundary of the Preserve shall be

6 modified to exclude such lands.

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

8 of acquisition of the Baca ranch pursuant to sub9 section (a), the Secretary and the Secretary of the

10 Interior shall prepare and submit to the Committees

11 of Congress a final map to the Valles Caldera Na12 tional Preserve and a final map of Bandelier Na13 tional Monument, respectively.

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

15 referred to in the subsection shall be kept and made

16 available for public inspection in the offices of the

17 Chief, Forest Service, and Director, National Park

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

19 Fe National Forest, and Superintendent, Bandelier

20 National Monument, the State of New Mexico.

21 (d) WATERSHED MANAGEMENT STUDY.—The Sec22 retary, acting through the Forest Service, in cooperation

23 with the Secretary of the Interior, acting through the Na24 tional Park Service, shall—
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1 (1) develop a study of management alternatives

2 which may—

3 (A) provide more coordinated land man4 agement within the area known as the Lower

5 Alamo watershed;

6 (B) allow for improved management of elk

7 and other wildlife populations ranging between

8 the Santa Fe National Forest and the Ban9 delier National Monument; and

10 (C) include a proposed boundary adjust11 ment between the Santa Fe National Forest

12 and the Bandelier National Monument to facili13 tate the objectives under subparagraphs (A)

14 and (B); and

15 (2) submit the study to the Committees of Con16 gress within 120 days of the boundary adjustment

17 pursuant to subsection (b)(2).

18 (e) OUTSTANDING MINERAL INTERESTS.—The ac19 quisition of the Baca ranch by the Secretary shall be sub20 ject to all outstanding valid existing mineral interests. The

21 Secretary is authorized and directed to negotiate with the

22 owners of any fractional interest in the subsurface estate

23 for the acquisition of such fractional interest on a willing

24 seller basis for their appraised fair market value. Any such

25 interests acquired within the boundaries of the Upper
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1 Alamo watershed, as referred to in subsection (b)(1), shall

2 be administered by the Secretary of the Interior as part

3 of Bandelier National Monument.

4 (f) BOUNDARIES OF THE BACA RANCH.—For pur5 poses of section 7 of the Land and Water Conservation

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

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

8 Forest boundaries existing as of January 1, 1965.

9 SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.

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

11 of the Baca ranch pursuant to section 104(a), there is

12 hereby established the Valles Caldera National Preserve

13 as a unit of the National Forest System which shall in14 clude all Federal lands and interest in land acquired pur15 suant to subsection 104(a), except those lands and inter16 ests in land administered by the Secretary of the Interior

17 pursuant to section 104(b)(1), and shall be managed in

18 accordance with the purposes and requirements of this

19 title.

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

21 is established are to protect and preserve the scenic, geo22 logic, watershed, fish, wildlife, historic, cultural, and rec23 reational values of the Preserve, and to provide for mul24 tiple use and sustained yield of renewable resources within

25 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 pursuant

7 to section 104(a) shall constitute entitlement lands for

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

9 6901–6904).

10 (e) WITHDRAWALS.—

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

13 ranch pursuant to section 104(e), subject to valid

14 existing rights, the lands comprising the Preserve

15 shall be withdrawn from disposition under all laws

16 pertaining 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 authority by the

21 Trust, and the Trust thereafter, from allowing the

22 utilization of common varieties of mineral materials

23 such as sand, stone and gravel as necessary for con24 struction and maintenance of roads and facilities

25 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 Pre5 serve, except that the Trust may, in consultation with the

6 Secretary and the State of New Mexico, designate zones

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

8 trapping shall be permitted for reasons of public safety,

9 administration, the protection of nongame species and

10 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 FOREST SERVICE EMPLOYEES

7 UPON ESTABLISHMENT OF THE TRUST.—For

8 the two year period from the date of the estab9 lishment of the Trust, and upon the request of

10 the Trust, the Secretary may provide, on a non11 reimbursable basis, Forest Service personnel

12 and technical expertise as necessary or desirable

13 to assist in the implementation of this title.

14 Thereafter, Forest Service employees may be

15 provided to the Trust as provided in paragraph

16 (C).

17 (C) USE OF OTHER FEDERAL EMPLOY18 EES.—At the request of the Trust, the employ19 ees of any Federal agency may be provided for

20 implementation of this title. Such employees de21 tailed to the trust for more than 30 days shall

22 be provided on a reimbursable basis.

23 (e) GOVERNMENT CORPORATION.—

24 (1) IN GENERAL.—The Trust shall be a Gov25 ernment Corporation subject to chapter 91 of title
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1 31, United States Code (commonly referred to as

2 the Government Corporation Control Act). Financial

3 statements of the Trust shall be audited annually in

4 accordance with section 9105 of title 31 of the

5 United States Code.

6 (2) REPORTS.—The Trust shall submit, but not

7 later than January 15 of each year, to the Secretary

8 and the Committees of Congress a comprehensive

9 and detailed report of its operations, activities, and

10 accomplishments for the prior year. The report shall

11 also include a section that describes the Trust’s

12 goals for the current year.

13 (f) TAXES.—The Trust and all properties adminis14 tered by the Trust shall be exempt from all taxes and spe15 cial assessments of every kind by the State of New Mexico,

16 and its political subdivisions including the Counties of

17 Sandoval and Rio Arriba.

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

19 donations of funds, property, supplies, or services from in20 dividuals, foundations, corporations and other private or

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

22 The Secretary, prior to assumption of management au23 thority by the Trust, and the Trust thereafter, may accept

24 donations from such entities notwithstanding that such

25 donors may conduct business with the Department of Ag-
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1 riculture or any other Department or agency of the United

2 States.

3 (h) PROCEEDS.—

4 (1) IN GENERAL.—Notwithstanding section

5 1341 of title 31 of the United States Code, all mon6 ies received by the Trust shall be retained by the

7 Trust, and such monies shall be available, without

8 further appropriation, for the administration, preser9 vation, restoration, operation and maintenance, im10 provement, repair and related expenses incurred

11 with respect to properties under its management ju12 risdiction.

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

14 Treasury of the United States a special interest

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

16 shall be available, without further appropriation, to

17 the Trust for any purpose consistent with the pur18 poses of this title. At the option of the Trust, the

19 Secretary of the Treasury shall invest excess monies

20 of the Trust in such account, which shall bear inter21 est at rates determined by the Secretary of the

22 Treasury taking into consideration the current aver23 age market yield on outstanding marketable obliga24 tions of the United States of comparable maturity.
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1 (i) SUITS.—The Trust may sue and be sued in its

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

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

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

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

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

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

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

12 that all holder of lease from, or parties in contract with

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

14 properties under the management jurisdiction of the Trust

15 procure proper insurance against any loss in connection

16 with such properties, or activities authorized in such lease

17 or contract, as is reasonable and customary.

18 SEC. 107. BOARD OF TRUSTEES.

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

20 a 7 member Board of Trustees consisting of the following:

21 (1) VOTING TRUSTEES.—The voting trustees

22 shall be—

23 (A) the Supervisor of the Santa Fe Na24 tional Forest, United States Forest Service;
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1 (B) the Superintendent of the Bandelier

2 National Monument, National Park Service;

3 and

4 (C) 7 individuals, appointed by the Presi5 dent, in consultation with the Congressional

6 delegation from the State of New Mexico. The

7 7 individuals shall have specific expertise or

8 represent an organization or government entity

9 as follows—

10 (i) one trustee shall have expertise in

11 all aspects of domesticated livestock man12 agement, production and marketing, in13 cluding range management and livestock

14 business management;

15 (ii) one trustee shall have expertise in

16 the management of game and non-game

17 wildlife and fish populations, including

18 hunting, fishing and other recreational ac19 tivities;

20 (iii) one trustee shall have expertise in

21 the sustainable management of forest

22 lands for commodity and non-commodity

23 purposes;

24 (iv) one trustee shall be active in a

25 non-profit conservation organization con-
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1 cerned with the activities of the Forest

2 Service;

3 (v) one trustee shall have expertise in

4 financial management, budgeting and pro5 gramming;

6 (vi) one trustee shall have expertise in

7 the cultural and natural history of the re8 gion; and

9 (vii) one trustee shall be active in

10 State or local government in New Mexico,

11 with expertise in the customs of the local

12 area.

13 (2) QUALIFICATIONS.—Of the trustees ap14 pointed by the Preesident—

15 (A) none shall be employees of the Federal

16 Government; and

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

18 State of New Mexico.

19 (b) INITIAL APPOINTMENTS.—The President shall

20 make the initial appointments to the Board of Trustees

21 within 90 days after acquisition of the Baca ranch pursu22 ant to section 104(a).

23 (c) TERMS.—

24 (1) IN GENERAL.—Appointed trustees shall

25 each serve a term of 4 years, except that the trust-
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1 ees first appointed, 4 shall serve a term of 4 years,

2 and 3 shall serve for a term of 2 years.

3 (2) VACANCIES.—Any vacancy among the ap4 pointed trustees shall be filled in the same manner

5 in which the original appointment was made, and

6 any trustee appointed to fill a vacancy shall serve for

7 the remainder of that term for which his or her

8 predecessor was appointed.

9 (3) LIMITATIONS.—No appointed trustee may

10 serve more than 8 years in consecutive terms.

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

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

13 (e) ORGANIZATION AND COMPENSATION.—

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

15 itself in such a manner as it deems most appropriate

16 to effectively carry out the activities of the Trust.

17 (2) COMPENSATION OF TRUSTEES.—Trustees

18 shall serve without pay, but may be reimbursed from

19 the funds of the Trust for the actual and necessary

20 travel and subsistence expenses incurred by them in

21 the performance of their duties.

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

23 the membership of the Board.

24 (f) LIABILITY OF TRUSTEES.—Appointed trustees

25 shall not be considered Federal employees by virtue of
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1 their membership on the Board, except for purposes of

2 the Federal Tort Claims Act, the Ethics in Government

3 Act, and the provisions of Chapter 11 of title 18, United

4 States Code.

5 (g) MEETINGS.—

6 (1) LOCATION AND TIMING OF MEETINGS.—

7 The Board shall meet in sessions open to the public

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

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

10 statement of the reasons therefore, the Board may

11 close any other meetings to the public: Provided,

12 That any final decision of the Board to adopt or

13 amend the comprehensive management program

14 pursuant to section 108(d) or to approve any activ15 ity related to the management of the land or re16 sources of the Preserve shall be made in open public

17 session.

18 (2) PUBLIC INFORMATION.—In addition to

19 other requirements of applicable law, the Board shall

20 establish procedures for providing appropriate public

21 information and opportunities for public comment

22 regarding the management of the Preserve.

23 SEC. 108. RESOURCE MANAGEMENT.

24 (a) ASSUMPTION OF MANAGEMENT.—The Trust

25 shall assume all authority provided by this title to manage
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1 the Preserve upon a determination by the Secretary, which

2 to the maximum extent practicable shall be made within

3 60 days after the appointment of the Board, that—

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

5 conduct business; and

6 (2) provision has been made for essential man7 agement services.

8 (b) MANAGEMENT RESPONSIBILITIES—Upon as9 sumption of management of the Preserve pursuant to sub10 section (a), the Trust shall manage the land and resources

11 of the Preserve and the use thereof including, but not lim12 ited to such activities as—

13 (1) administration of the operations of the Pre14 serve;

15 (2) preservation and development of the land

16 and resources of the Preserve;

17 (3) interpretation of the Preserve and its his18 tory for the public;

19 (4) management of public use and occupancy of

20 the Preserve; and

21 (5) maintenance, rehabilitation, repair and im22 provement of property within the Preserve.

23 (c) AUTHORITIES.—

24 (1) IN GENERAL.—The Trust shall develop pro25 grams and activities at the Preserve, and shall have
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1 the authority to negotiate directly and enter into

2 such agreements, leases, contracts and other ar3 rangements with any person, firm, association, orga4 nization, corporation or governmental entity, includ5 ing without limitation, entities of Federal, State and

6 local governments, and consultation with Indian

7 tribes and pueblos, as are necessary and appropriate

8 to carry out its authorized activities or fulfill the

9 purposes of this title. Any such agreements may be

10 entered into without regard to section 321 of the Act

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

12 (2) PROCEDURES.—The Trust shall establish

13 procedures for entering into lease agreements and

14 other agreements for the use and occupancy of facili15 ties of the Preserve. The procedures shall ensure

16 reasonable competition, and set guidelines for deter17 mining reasonable fees, terms, and conditions for

18 such agreements.

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

20 of to any real property in, or convey any water

21 rights appurtenant to the Preserve. The Trust may

22 not convey any easement, or enter into any contract,

23 lease or other agreement related to use and occu24 pancy of property within the Preserve for a period

25 greater than 10 years. Any such easement, contract,
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1 lease or other agreement shall provide that, upon

2 termination of the Trust, such easement, contract,

3 lease or agreement is terminated.

4 (4) APPLICATION OF PROCUREMENT LAWS.—

5 (A) IN GENERAL.—Notwithstanding any

6 other provision of law, Federal laws and regula7 tions governing procurement by Federal agen8 cies shall not apply to the Trust, with the ex9 ception of laws and regulations related to Fed10 eral government contracts governing health and

11 safety requirements, wage rates, and civil

12 rights.

13 (B) PROCEDURES.—The Trust, in con14 sultation with the Administrator of Federal

15 Procurement Policy, Office of Management and

16 Budget, shall establish and adopt procedures

17 applicable to the Trust’s procurement of goods

18 and services, including the award of contracts

19 on the basis of contractor qualifications, price,

20 commercially reasonable buying practices, and

21 reasonable competition.

22 (d) MANAGEMENT PROGRAM.—Within two years

23 after assumption of management responsibilities for the

24 Preserve, the Trust shall develop a comprehensive pro-
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1 gram for the management of lands, resources, and facili2 ties within the Preserve. Such program shall provide for—

3 (1) operation of the Preserve as a working

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

5 (2) the protection and preservation of the sce6 nic, geologic, watershed, fish, wildlife, historic, cul7 tural and recreational values of the Preserve;

8 (3) multiple use and sustained yield, as defined

9 under the Multiple-Use Sustained Yield Act of 1960

10 (16 U.S.C. 531), of renewable resources within the

11 Preserve;

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

13 recreation;

14 (5) preparation of an annual budget with the

15 goal of achieving a financially self-sustaining oper16 ation within 15 full fiscal years after the date of ac17 quisition of the Baca ranch pursuant to section

18 104(a); and

19 (6) optimizing the generation of income based

20 on existing market conditions, but without unreason21 ably diminishing the long-term scenic and natural

22 values of the area, or diminishing the multiple use,

23 sustained yield capability of the land.

24 (e) PUBLIC USE AND RECREATION.—
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1 (1) IN GENERAL.—The Trust shall give thor2 ough consideration to the provision of providing ap3 propriate opportunities for public use and recreation

4 that are consistent with the other purposes under

5 section 105(b). The Trust is expressly authorized to

6 construct and upgrade roads and bridges, and pro7 vide other facilities for activities including, but not

8 limited to camping and picnicking, hiking, cross

9 country skiing, and snowmobiling. Roads, trails,

10 bridges, and recreational facilities constructed within

11 the Preserve shall meet public safety standards ap12 plicable to units of the National Forest System and

13 the State of New Mexico.

14 (2) FEES.—Notwithstanding any other provi15 sion of law, the Trust is authorized to assess reason16 able fees for admission to, and the use and occu17 pancy of, the Preserve: Provided, That admission

18 fees and any fees assessed for recreational activities

19 shall be implemented only after public notice and a

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

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

22 the Baca ranch pursuant to section 104(a), and

23 after an interim planning period of no more than

24 two years, the public shall have reasonable access to

25 the Preserve for recreation purposes. The Secretary,
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1 prior to assumption of management of the Preserve

2 by the Trust, and the Trust thereafter, may reason3 ably limit the number and types of recreational ad4 missions to the Preserve, or any part thereof, based

5 on the capability of the land, resources, and facili6 ties. The use of reservation or lottery system is ex7 pressly authorized to implement this paragraph.

8 (f) APPLICABLE LAWS.—

9 (1) IN GENERAL.—The Trust shall administer

10 the Preserve in conformity with this title and all

11 laws pertaining to the National Forest System, ex12 cept the Forest and Rangeland Renewable Resources

13 Planning Act of 1974, as amended (16 U.S.C. 1600

14 et seq.).

15 (2) ENVIRONMENTAL LAWS.—The Trust shall

16 be deemed a federal agency for the purposes of com17 pliance with federal environmental laws.

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

19 to Federal property shall apply to the same extent

20 as on adjacent units of the National Forest System.

21 (4) REPORTS ON APPLICABLE RULES AND REG22 ULATIONS.—The Trust may submit to the Secretary

23 and the Committees of Congress a compilation of

24 applicable rules and regulations which in the view of
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1 the Trust are inappropriate, incompatible with this

2 title, or unduly burdensome.

3 (5) CONSULTATION WITH TRIBES AND PUEB4 LOS.—The Trust is authorized and directed to co5 operate and consult with Indian tribes and pueblos

6 on management policies and practices for the Pre7 serve which may affect them. The Trust is author8 ized to make lands available within the Preserve for

9 religious and cultural uses by Native Americans and,

10 in so doing, may set aside places and times of exclu11 sive use consistent with the American Indian Reli12 gious Freedom Act (42 U.S.C. 1996 (note)) and

13 other applicable statutes.

14 (6) NO ADMINISTRATIVE APPEAL.—The admin15 istrative appeals regulations of the Secretary shall

16 not apply to activities of the Trust and decisions of

17 the Board.

18 (g) LAW ENFORCEMENT AND FIRE SUPPRESSION.—

19 The Secretary shall provide law enforcement services

20 under a cooperative agreement with the Trust to the ex21 tent generally authorized in other units of the National

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

23 may provide fire suppression services: Provided, That the

24 Trust shall reimburse the Secretary for salaries and ex-
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1 penses of fire suppression personnel, commensurate with

2 services provided.

3 SEC. 109. AUTHORITIES OF THE SECRETARY.

4 (a) IN GENERAL.—Notwithstanding the assumption

5 by the Trust of management authority, the Secretary is

6 authorized to—

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

8 Federal Land Policy and Management Act of 1976,

9 of over 10 years duration, in cooperation with the

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

11 rights-of-way, and communication sites;

12 (2) issue orders pursuant to and enforce prohi13 bitions generally applicable on other units of the Na14 tional Forest System, in cooperation with the Trust;

15 (3) exercise the authorities of the Secretary

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

17 1278, et seq.) and the Federal Power Act (16

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

19 (4) acquire the mineral rights referred to in

20 section 104(e);

21 (5) provide law enforcement and fire suppres22 sion services pursuant to section 108(h);

23 (6) at the request of the Trust, exchange or

24 otherwise dispose of land or interests in land within

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

2 and criminal cases pertaining to the Preserve to the

3 Department of Justice for prosecution;

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

5 archaeological artifacts found within the Preserve;

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

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

8 subject to the availability of appropriated funds;

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

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

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

15 this title.

16 (b) SECRETARIAL AUTHORITY.—The Secretary re17 tains the authority to suspend any decision of the Board

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

19 that the decision is clearly inconsistent with this title.

20 Such authority shall only be exercised personally by the

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

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

23 of the decision shall be given to the Committees of Con24 gress. Any suspended decision shall be referred back to

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

2 access to the Preserve for administrative purposes.

3 SEC. 110. TERMINATION OF THE TRUST.

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

5 terminate at the end of the twentieth full fiscal year fol6 lowing acquisition of the Baca ranch pursuant to section

7 104(a).

8 (b) RECOMMENDATIONS.—

9 (1) BOARD.—

10 (A) If after the fourteenth full fiscal years

11 from the date of acquisition of the Baca ranch

12 pursuant to section 104(a), the Board believes

13 the Trust has met the goals and objectives of

14 the comprehensive management program under

15 section 108(d), but has not become financially

16 self-sufficient, the Board may submit to the

17 Committees of Congress, a recommendation for

18 authorization of appropriations beyond that

19 provided under this title.

20 (B) During the eighteenth full fiscal year

21 from the date of acquisition of the Baca ranch

22 pursuant to section 104(a), the Board shall

23 submit to the Secretary its recommendation

24 that the Trust be either extended or terminated

25 including the reasons for such recommendation.
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1 (2) SECRETARY.—Within 120 days after receipt

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

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

7 same and stating the reasons for such recommenda8 tion.

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

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

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

14 National Forest System.

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

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

17 outstanding liabilities, and any funds remaining shall be

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

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

22 over funds pursuant to section 106(h), and the Valles

23 Caldera Fund shall not terminate. Any balances remaining

24 in the fund shall be available to the Secretary, without
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1 further appropriation, for any purpose consistent with the

2 purposes of this title.

3 SEC. 111. LIMITATIONS ON FUNDING.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

5 hereby authorized to be appropriated to the Secretary and

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

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

8 years after the date of acquisition of the Baca ranch pur9 suant to section 104(a).

10 (b) SCHEDULE OF APPROPRIATIONS.—Within two

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

12 submit to Congress a plan which includes a schedule of

13 annual decreasing federally appropriated funds that will

14 achieve, at a minimum, the financially self-sustained oper15 ation of the Trust within 15 full fiscal years after the date

16 of acquisition of the Baca ranch pursuant to section

17 104(a).

18 (c) ANNUAL BUDGET REQUEST.—The Secretary

19 shall provide necessary assistance, including detailees as

20 necessary, to the Trust in the formulation and submission

21 of the annual budget request for the administration, oper22 ation, and maintenance of the Preserve.

23 SEC. 112. GENERAL ACCOUNTING OFFICE STUDY.

24 (a) INITIAL STUDY.—Three years after the assump25 tion of management by the Trust, the General Accounting
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1 Office shall conduct an interim study of the activities of

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

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

4 not be limited to, details of programs and activities oper5 ated by the Trust and whether it met its obligations under

6 this title.

7 (b) SECOND STUDY.—Seven years after the assump8 tion of management by the Trust, the General Accounting

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

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

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

12 failure to meet obligations that may be identified under

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

14 Trust to meet its obligations under this title.

15 TITLE II—ACQUISITION OF

16 INHOLDINGS AND DISPOSAL

17 OF SURPLUS LAND

18 SEC. 201. SHORT TITLE.

19 This title may be cited as the ‘‘Acquisition of

20 Inholdings and Disposal of Surplus Lands Facilitation

21 Act’’.

22 SEC. 202. FINDINGS.

23 Congress finds that—
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1 (1) many private individuals own land within

2 the boundaries of Federal land management units

3 and wish to sell this land to the Federal government;

4 (2) these lands lie within national parks, na5 tional forests, national monuments, Bureau of Land

6 Management special areas, and national wildlife ref7 uges;

8 (3) in many cases, inholders on these lands and

9 the Federal government would mutually benefit by

10 acquiring on a priority basis these lands;

11 (4) Federal land management agencies are fac12 ing increased workloads from rapidly growing public

13 demand for the use of public lands, making it dif14 ficult for federal managers to address problems cre15 ated by the existence of inholdings in many areas;

16 (5) through land use planning under the Fed17 eral Land Policy and Management Act of 1976 the

18 Bureau of Land Management has identified certain

19 public lands for disposal;

20 (6) the Bureau of Land Management has au21 thority under the Federal Land Policy and Manage22 ment Act of 1976 to exchange or sell lands identified

23 for disposal under its land use planning;
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1 (7) a more expeditious process for disposition of

2 public lands identified for disposal would benefit the

3 public interest;

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

5 disposal would—

6 (A) allow for the reconfiguration of land

7 ownership patterns to better facilitate resource

8 management;

9 (B) contribute to administrative efficiency

10 within the federal land management unit; and

11 (C) allow for increased effectiveness of the

12 allocation of fiscal and human resources within

13 the agency;

14 (9) in certain locations, the sale of public land

15 which has been identified for disposal is the best way

16 for the public to receive a fair market value for the

17 land;

18 (10) using proceeds generated from the disposal

19 of public land to purchase inholdings from willing

20 sellers would enhance the ability of the Federal land

21 management agencies to work cooperatively with pri22 vate land owners, and State and local governments

23 and promote consolidation of the ownership of public

24 and private land in a manner that would allow for

25 better overall resource management;
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1 (11) proceeds generated from the disposal of

2 public land may be properly dedicated to the acquisi3 tion of inholdings; and

4 (12) to allow for the least disruption of existing

5 land and resource management programs, the Bu6 reau of Land Management may use non-Federal en7 tities to prepare appraisal documents for agency re8 view and approval in accordance with the applicable

9 appraisal standards.

10 SEC. 203. DEFINITIONS.

11 In this title:

12 (1) FEDERALLY DESIGNATED AREAS.—The

13 term ‘‘Federally designated areas’’ means land in

14 Alaska and the eleven contiguous Western States as

15 defined in section 103(o) of the Federal Land Policy

16 and Management Act (43 U.S.C. 1702(o)) that on

17 the date of enactment of this title was within the

18 boundary of—

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

20 (B) National Monuments, Areas of Critical

21 Environmental Concern, National Conservation

22 Areas, National Riparian Conservation Areas,

23 Research Natural Areas, Outstanding Natural

24 Areas, and National Natural Landmarks man25 aged by the Bureau of Land Management;
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1 (C) National Recreation Areas, National

2 Scenic Areas, National Monuments, National

3 Volcanic Areas, and other areas within the Na4 tional Forest System designated for special

5 management by an Act of Congress;

6 (D) a unit of the National Wildlife Refuge

7 System; and

8 (E) a wilderness area designated under the

9 Wilderness Act of 1964, as amended (16 U.S.C.

10 1131 et seq.); an area designated under the

11 Wild and Scenic Rivers Act, as amended (16

12 U.S.C. 1271 et seq.); and an area designated

13 under the National Trails System Act, as

14 amended (16 U.S.C. 1241 et seq.).

15 (2) INHOLDING.—The term ‘‘inholding’’ means

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

17 entity, in or to a tract of land which lies within the

18 boundary of a Federally designated area; the term

19 ‘‘inholding’’ does not include lands or interests in

20 lands for which clear title has not been established

21 (except where waved by the Federal government),

22 rights-of-way (including railroad rights-of-way), and

23 existing easements; and

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

25 means public lands as defined in section 103 of the
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1 Federal Land Policy and Management Act of 1976

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

3 SEC. 204. IDENTIFICATION OF INHOLDINGS WITHIN FEDER4 ALLY DESIGNATED AREAS.

5 (a) MULTI-AGENCY EVALUATION TEAM.—

6 (1) IN GENERAL.—Jointly, the Secretary of the

7 Interior and the Secretary of Agriculture (the Sec8 retaries) shall establish a multi-agency evaluation

9 team composed of agency personnel to conduct a

10 program to identify, by state, inholdings within Fed11 erally designated areas and establish the dates upon

12 which the lands or interests therein became

13 inholdings. Inholdings shall be identified using the

14 means set forth under subsection (d). Inholdings

15 shall be deemed established as of the latter of—

16 (A) the date the Federal land was with17 drawn from the public domain, or established or

18 designated for special management, whichever

19 is earlier; or

20 (B) the date on which the inholding was

21 acquired by the current owner.

22 (2) PUBLIC NOTICE.—The Secretaries shall

23 provide notice to the public in the Federal Register

24 (and through other such means as the Secretaries

25 may determine to be appropriate) of a program of
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1 identification of inholdigns within Federally des2 ignated areas by which any owner who wants to sell

3 such an inholding to the United States shall provide

4 to the Secretaries such information regarding that

5 inholding as is required by the notice.

6 (b) COMPOSITION OF THE EVALUATION TEAM.—The

7 team shall be composed of employees of the National Park

8 Service, the Fish and Wildlife Service, the Bureau of Land

9 Management, the Department of Agriculture, Forest Serv10 ice, and other agencies as appropriate.

11 (c) TIMING.—The Secretaries shall establish the

12 Evaluation Team within 90 days after the enactment of

13 this title.

14 (d) DUTIES OF THE EVALUATION TEAM.—The team

15 shall be charged with the identification of inholdings with16 in Federally designated areas, by state, and by the date

17 upon which the lands or interests therein became

18 inholdings. Inholdings will be identified using—

19 (1) the list of inholdings identified by owners

20 pursuant to subsection (a)(2); and

21 (2) tracts of land identified through existing

22 agency planning processes.

23 (e) REPORT.—The Secretaries shall submit a report

24 to the Committee on Energy and Natural Resources and

25 the Committee on Appropriations of the Senate, and the
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1 Committee on Resources and the Committee on Appro2 priations of the House of Representatives on the status

3 of their evaluations within one year after the enactment

4 of this title, and at the end of each 180 day increment

5 thereafter until such time as reasonable efforts to identify

6 inholdings have been made or the program established in

7 section 205 terminates.

8 (f) FUNDING.—Funding to carry out this section

9 shall be taken from operating funds of the agencies in10 volved and shall be reimbursed from the account estab11 lished under section 206.

12 SEC. 205. DISPOSAL OF SURPLUS PUBLIC LAND.

13 (a) IN GENERAL.—The Secretary of the Interior (in

14 this section, the ‘‘Secretary’’) shall establish a program,

15 utilizing funds available under section 207, to complete

16 appraisals and other legal requirements for the sale or ex17 change of land identified for disposal under approved land

18 use plans maintained under section 202 of the Federal

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

20 1712) and in effect on the date of enactment of this title.

21 (b) SALE OF PUBLIC LAND.—The sale of public land

22 so identified shall be conducted in accordance with section

23 203 and section 209 of the Federal Land Policy and Man24 agement Act of 1976 (43 U.S.C. 1713, 1719). It is the

25 intent of Congress that the exceptions to competitive bid-
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1 ding requirements under section 203(f) of the Federal

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

3 1713(f)) apply under this title, where the Secretary of the

4 Interior determines it necessary and proper.

5 (c) REPORT IN PUBLIC LAND STATISTICS.—The Sec6 retary shall provide in the annual publication of Public

7 Land Statistics, a report of activities related to the pro8 gram established under this section.

9 (d) TERMINATION OF PROGRAM.—The program es10 tablished by this section shall terminate ten years from

11 the date of enactment of this title.

12 SEC. 206. DISTRIBUTION OF RECEIPTS.

13 Notwithstanding any other Act, except those specifi14 cally providing for a proportion of the proceeds to be dis15 tributed to any trust funds of any States, gross proceeds

16 generated by the sale or exchange of public land under

17 this title shall be deposited in a separate account in the

18 Treasury of the United States to be known as the ‘‘Fed19 eral Land Disposal Account’’, for use as provided under

20 section 207.

21 SEC. 207. FEDERAL LAND DISPOSAL ACCOUNT.

22 (a) IN GENERAL.—Amounts in the Federal Land

23 Disposal Account shall be available to the Secretary of the

24 Interior and the Secretary of Agriculture, without further

25 act of appropriation, to carry out this title.
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1 (b) USE OF THE FEDERAL LAND DISPOSAL AC2 COUNT.—Funds deposited in the Federal Land Disposal

3 Account may be expended as follows—

4 (1) except as authorized under paragraph (7),

5 proceeds from the disposal of lands under this title

6 shall be used to purchase inholdings contained with7 in Federally designated areas;

8 (2) acquisition priority shall be given to those

9 lands which have existed as inholdings for the long10 est period of time, except that the Secretaries may

11 develop criteria for priority of acquisition consider12 ing the following additional factors—

13 (A) limits in size or cost in order to maxi14 mize the utilization of funds among eligible

15 inholdings; and

16 (B) other relevant factors including, but

17 not limited to, the condition of title and the ex18 istence of hazardous substances;

19 (3) acquisition of any inholding under this sec20 tion shall be on a willing seller basis contingent upon

21 the conveyance of title acceptable to the appropriate

22 Secretary utilizing title standards of the Attorney

23 General;

24 (4) all proceeds, including interest, from the

25 disposal of lands under section 205 shall be ex-
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1 pended within the state in which they were gen2 erated until a reasonable effort has been made to ac3 quire all inholdings identified by the evaluation team

4 pursuant to section 204 within that state:

5 (5) upon the acquisition of all inholdings under

6 paragraph (4), proceeds may be expended in other

7 states, and a priority shall be established in order of

8 those states having the greatest inventory of

9 unacquired inholdings as of the beginning of the fis10 cal year in which the excess proceeds become avail11 able;

12 (6) the acquisition of inholdings under this sec13 tion shall be at fair market value;

14 (7) an amount not to exceed 20 percent of the

15 funds in the Federal Land Disposal Account shall be

16 used for administrative and other expenses necessary

17 to carry out the land disposal program under section

18 205;

19 (c) CONTAMINATED SITES AND SITES DIFFICULT

20 AND UNECONOMIC TO MANAGE.—Funds in the account

21 established by section 206 shall not be used to purchase

22 or lands or interests in lands which, as determined by the

23 agency, contain hazardous substances or are otherwise

24 contaminated, or which, because of their location or other
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1 characteristics, would be difficult or uneconomic to man2 age as Federal land.

3 (d) INVESTMENT OF PRINCIPAL.—Funds deposited

4 as principal in the Federal Land Disposal Account shall

5 earn interest in the amount determined by the Secretary

6 of the Treasury based on the current average market yield

7 on outstanding marketable obligations of the United

8 States of comparable maturities.

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

10 Funds made available under this section shall be supple11 mental to any funds appropriated under the Land and

12 Water Conservation Fund Act (16 U.S.C. 460l–4 through

13 460l–6a, 460l–7 through 460l–10, 460l–10a–d, 460l–11).

14 (f) TERMINATION.—On termination of the program

15 under section 205—

16 (1) the Federal Land Disposal Account shall be

17 terminated; and

18 (2) any remaining balance in such account shall

19 become available for appropriation under section 3

20 of the Land and Water Conservation Fund Act (16

21 U.S.C. 460l–6).

22 SEC. 208. SPECIAL PROVISIONS.

23 (a) IN GENERAL.—Nothing in this title shall be con24 strued as an exemption from any existing limitation on
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1 the acquisition of lands or interests therein under any

2 Federal Law.

3 (b) SANTINI-BURTON ACT.—The provisions of this

4 title shall not apply to lands eligible for sale pursuant to

5 the Santini-Burton Act (94 Stat. 3381).

6 (c) EXCHANGES.—Nothing in this title shall be con7 strued as precluding, pre-empting, or limiting the author8 ity to exchange lands under the Federal Land Policy and

9 Management Act of 1976 (43 U.S.C. 1701 et seq.), or

10 the Federal Land Exchange Facilitation Act of 1988

11 (site).

12 (d) RIGHT OR BENEFIT.—This title is intended to

13 provide direction regarding Federal land management.

14 Nothing herein is intended to, or shall create a right or

15 benefit, substantive or procedural, enforceable at law or

16 in equity by a party against the United States, its agen17 cies, its officers, or any other person.

Æ