II 

111TH CONGRESS 

2D SESSION S. 3452 

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 

MAY 27 (legislative day, MAY 26), 2010 

Mr. BINGAMAN (for himself and Mr. UDALL of New Mexico) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To designate the Valles Caldera National Preserve as a unit 

of the National Park System, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Valles Caldera Na5 tional Preserve Management Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ELIGIBLE EMPLOYEE.—The term ‘‘eligible 

9 employee’’ means a person that, on the date of enVerDate Mar 15 2010 01:38 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3452.IS S3452

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1 actment of this Act, was a full-time or part-time an2 nual employee of the Trust. 

3 (2) FUND.—The term ‘‘Fund’’ means the 

4 Valles Caldera Fund established by section 

5 106(h)(2) of the Valles Caldera Preservation Act (16 

6 U.S.C. 698v–4(h)(2)). 

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

8 the Valles Caldera National Preserve in the State. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (5) STATE.—The term ‘‘State’’ means the State 

12 of New Mexico. 

13 (6) TRUST.—The term ‘‘Trust’’ means the 

14 Valles Caldera Trust established by section 106(a) 

15 of the Valles Caldera Preservation Act (16 U.S.C. 

16 698v–4(a)). 

17 SEC. 3. VALLES CALDERA NATIONAL PRESERVE. 

18 (a) DESIGNATION AS UNIT OF THE NATIONAL PARK

19 SYSTEM.—To protect and preserve the fish, wildlife, wa20 tershed, natural, scientific, scenic, geologic, historic, cul21 tural, archeological, and recreational values of the area, 

22 the Valles Caldera National Preserve is designated as a 

23 unit of the National Park System. 

24 (b) MANAGEMENT.— 


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1 (1) APPLICABLE LAW.—The Secretary shall ad2 minister the Preserve in accordance with— 

3 (A) this Act; and 

4 (B) the laws generally applicable to units 

5 of the National Park System, including— 

6 (i) the National Park Service Organic 

7 Act (16 U.S.C. 1 et seq.); and 

8 (ii) the Act of August 21, 1935 (16 

9 U.S.C. 461 et seq.). 

10 (2) INTERIM MANAGEMENT.— 

11 (A) IN GENERAL.—Beginning on the date 

12 of enactment of this Act, the Secretary shall 

13 have sole management responsibility for the 

14 Preserve. 

15 (B) MEMORANDUM OF AGREEMENT.—Not 

16 later than 30 days after the date of enactment 

17 of this Act, the Secretary and the Trust shall 

18 enter into a memorandum of agreement to fa19 cilitate the orderly transfer to the Secretary of 

20 the administration of the Preserve. 

21 (C) EXISTING MANAGEMENT PLANS.—Not22 withstanding the repeal made by section 5(a), 

23 until the date on which the Secretary completes 

24 a management plan for the Preserve in accord25 ance with paragraph (4), the Secretary may adVerDate Mar 15 2010 01:38 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3452.IS S3452

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1 minister the Preserve in accordance with any 

2 management activities or plans adopted by the 

3 Trust under the Valles Caldera Preservation 

4 Act (16 U.S.C. 698v et seq.), to the extent the 

5 activities or plans are consistent with paragraph 

6 (1). 

7 (3) MANAGEMENT COORDINATION.—To the 

8 maximum extent practicable, the Secretary shall co9 ordinate the management and operations of the Pre10 serve with the Bandelier National Monument. 

11 (4) MANAGEMENT PLAN.— 

12 (A) IN GENERAL.—Not later than 3 fiscal 

13 years after the date on which funds are made 

14 available to implement this subsection, the Sec15 retary shall prepare a management plan for the 

16 Preserve. 

17 (B) APPLICABLE LAW.—The management 

18 plan shall be prepared in accordance with— 

19 (i) section 12(b) of Public Law 91– 

20 383 (commonly known as the ‘‘National 

21 Park Service General Authorities Act’’) 

22 (16 U.S.C. 1a–7(b)); and 

23 (ii) any other applicable laws. 

24 (C) CONSULTATION.—The management 

25 plan shall be prepared in consultation with— 


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1 (i) State and local governments; 

2 (ii) Indian tribes and pueblos, includ3 ing the Pueblos of Jemez, Santa Clara, 

4 and San Ildefonso; and 

5 (iii) the public. 

6 (c) ACQUISITION OF LAND.— 

7 (1) IN GENERAL.—The Secretary may acquire 

8 land and interests in land within the boundaries of 

9 the Preserve by— 

10 (A) purchase with donated or appropriated 

11 funds; 

12 (B) donation; or 

13 (C) transfer from another Federal agency. 

14 (2) ADMINISTRATION OF ACQUIRED LAND.—On 

15 acquisition of any land or interests in land under 

16 paragraph (1), the acquired land or interests in land 

17 shall be administered as part of the Preserve. 

18 (d) SCIENCE AND EDUCATION PROGRAM.— 

19 (1) IN GENERAL.—The Secretary shall— 

20 (A) until the date on which a management 

21 plan is completed in accordance with subsection 

22 (b)(4), carry out the science and education pro23 gram for the Preserve established by the Trust; 

24 and 


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1 (B) establish a science and education pro2 gram for the Preserve that— 

3 (i) shall be carried out by the Sec4 retary beginning on the date on which a 

5 management plan is completed in accord6 ance with subsection (b)(3); 

7 (ii) allows for research and interpreta8 tion of the nationally significant geologic 

9 and other scientific features of the Pre10 serve; and 

11 (iii) provides for improved methods of 

12 ecological restoration and science-based 

13 adaptive management of the Preserve. 

14 (2) SCIENCE AND EDUCATION CENTER.—The 

15 Secretary may establish a science and education cen16 ter outside the boundaries of the Preserve to pro17 mote research and education of the natural and cul18 tural resources of the Preserve. 

19 (e) GRAZING.—The Secretary may allow the grazing 

20 of livestock within the Preserve to continue, consistent 

21 with this Act— 

22 (1) in areas of the Preserve in which grazing 

23 was permitted during the grazing season preceding 

24 the date of enactment of this Act; and 


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1 (2) to the extent the use furthers scientific re2 search or interpretation of the ranching history of 

3 the Preserve. 

4 (f) FISH AND WILDLIFE.— 

5 (1) IN GENERAL.—The Secretary shall permit 

6 hunting and fishing on land and waters within the 

7 Preserve in accordance with applicable Federal and 

8 State laws, except that the Secretary may, in con9 sultation with the New Mexico Department of Game 

10 and Fish, designate zones in which, and establish 

11 periods during which, no hunting or fishing shall be 

12 permitted for reasons of public safety, administra13 tion, the protection of wildlife and wildlife habitats, 

14 or public use and enjoyment. 

15 (2) STATE AUTHORITY.—Nothing in this Act 

16 affects the responsibilities of the State with respect 

17 to fish and wildlife in the State. 

18 (g) WITHDRAWAL.—Subject to valid existing rights, 

19 all land and interests in land within the boundaries of the 

20 Preserve are withdrawn from— 

21 (1) entry, disposal, or appropriation under the 

22 public land laws; 

23 (2) location, entry, and patent under the mining 

24 laws; and 


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1 (3) operation of the mineral leasing laws, geo2 thermal leasing laws, and mineral materials laws. 

3 (h) VOLCANIC DOMES AND OTHER PEAKS.— 

4 (1) IN GENERAL.—For the purposes of pre5 serving the natural, cultural, religious, and historic 

6 resources of the volcanic domes and other peaks in 

7 the Preserve described in paragraph (2) and except 

8 as provided in paragraph (3), within the area of the 

9 domes and peaks above 9,250 feet in elevation— 

10 (A) no roads or facilities shall be con11 structed; and 

12 (B) no motorized access shall be allowed. 

13 (2) DESCRIPTION OF VOLCANIC DOMES.—The 

14 volcanic domes and other peaks referred to in para15 graph (1) are— 

16 (A) Redondo Peak; 

17 (B) Redondito; 

18 (C) South Mountain; 

19 (D) San Antonio Mountain; 

20 (E) Cerro Seco; 

21 (F) Cerro San Luis; 

22 (G) Cerros Santa Rosa; 

23 (H) Cerros del Abrigo; 

24 (I) Cerro del Medio; 

25 (J) Rabbit Mountain; 


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1 (K) Cerro Grande; 

2 (L) Cerro Toledo; 

3 (M) Sierra de los Valles; and 

4 (N) Cerros de los Posos. 

5 (3) EXCEPTION.—Paragraph (1) shall not 

6 apply in cases in which the construction or motor7 ized access is necessary for administrative purposes 

8 (including measures required in emergencies to pro9 tect the health and safety of persons in the area). 

10 (i) TRADITIONAL CULTURAL AND RELIGIOUS

11 SITES.— 

12 (1) IN GENERAL.—The Secretary, in consulta13 tion with Indian tribes and pueblos, shall— 

14 (A) ensure the protection of traditional 

15 cultural and religious sites in the Preserve; and 

16 (B) provide access to the sites described in 

17 subparagraph (A) by members of Indian tribes 

18 or pueblos for traditional cultural and cus19 tomary uses, in accordance with Public Law 

20 95–341 (commonly known as the ‘‘American In21 dian Religious Freedom Act’’) (42 U.S.C. 

22 1996). 

23 (j) TEMPORARY CLOSURES.—In accordance with 

24 Public Law 95–341 (commonly known as the ‘‘American 

25 Indian Religious Freedom Act’’) (42 U.S.C. 1996), the 


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1 Secretary, on request of an Indian tribe or pueblo, may 

2 temporarily close to general public use 1 or more specific 

3 areas of the Preserve to protect traditional cultural and 

4 customary uses in the area by members of the Indian tribe 

5 or pueblo. 

6 (k) CALDERA RIM TRAIL.— 

7 (1) IN GENERAL.—Not later than 3 years after 

8 the date of enactment of this Act, the Secretary and 

9 the Secretary of Agriculture, in consultation with In10 dian tribes, pueblos, and the public, shall study the 

11 feasibility of establishing a hiking trail along the rim 

12 of the Valles Caldera on— 

13 (A) land within the Preserve; and 

14 (B) National Forest System land that is 

15 adjacent to the Preserve. 

16 (2) SANTA CLARA PUEBLO.—On request of 

17 Santa Clara Pueblo, the Secretary and the Secretary 

18 of Agriculture shall seek to enter into an agreement 

19 with the Santa Clara Pueblo with respect to the 

20 Caldera Rim Trail that provides for the protection 

21 of the privacy of the Pueblo with respect to, and the 

22 continuity of, traditional cultural and religious ac23 tivities on the Santa Clara Indian Reservation. 

24 (3) PROHIBITION ON MOTORIZED ACCESS.—The 

25 Secretary shall maintain prohibitions on the use of 


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1 motorized or mechanized travel on Preserve land lo2 cated adjacent to the Santa Clara Indian Reserva3 tion, to the extent the prohibition was in effect on 

4 the date of enactment of this Act. 

5 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

6 (a) IN GENERAL.—Administrative jurisdiction over 

7 the Preserve is transferred from the Secretary of Agri8 culture and the Trust to the Secretary, to be administered 

9 as a unit of the National Park System, in accordance with 

10 section 3. 

11 (b) EXCLUSION FROM SANTA FE NATIONAL FOR12 EST.—The boundaries of the Santa Fe National Forest 

13 are modified to exclude the Preserve. 

14 (c) VALLES CALDERA TRUST.— 

15 (1) TERMINATION.—The Trust shall terminate 

16 180 days after the date of enactment of this Act un17 less the Secretary determines that the termination 

18 date should be extended to facilitate the transitional 

19 management of the Preserve. 

20 (2) ASSETS AND LIABILITIES.— 

21 (A) ASSETS.—On termination of the 

22 Trust, all assets of the Trust shall be trans23 ferred to the Secretary. 

24 (B) LIABILITIES.— 


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1 (i) IN GENERAL.—On termination of 

2 the Trust, the Secretary shall assume all 

3 liabilities of the Trust. 

4 (ii) NEW LIABILITIES.— 

5 (I) BUDGET.—Not later than 30 

6 days after the date of enactment of 

7 this Act, the Secretary and the Trust 

8 shall prepare a budget for the interim 

9 management of the Preserve. 

10 (II) WRITTEN CONCURRENCE RE11 QUIRED.—The Trust shall not incur 

12 any new liabilities not authorized in 

13 the budget prepared under subclause 

14 (I) without the written concurrence of 

15 the Secretary. 

16 (3) PERSONNEL.— 

17 (A) HIRING.—The Secretary and the Sec18 retary of Agriculture may hire employees of the 

19 Trust on a noncompetitive basis for comparable 

20 positions at the Preserve or other units of the 

21 National Park System or National Forest Sys22 tem in the State. 

23 (B) SALARY.—Any employees hired from 

24 the Trust under subparagraph (A) shall be sub25 ject to the provisions of chapter 51, and subVerDate Mar 15 2010 01:38 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3452.IS S3452

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1 chapter III of chapter 53, title 5, United States 

2 Code, relating to classification and General 

3 Schedule pay rates. 

4 (C) INTERIM RETENTION OF ELIGIBLE EM5 PLOYEES.—For a period of not less than 180 

6 days beginning on the date of enactment of this 

7 Act, all eligible employees of the Trust shall 

8 be— 

9 (i) retained in the employment of the 

10 Trust; 

11 (ii) considered to be placed on detail 

12 to the Secretary; and 

13 (iii) subject to the direction of the 

14 Secretary. 

15 (D) TERMINATION FOR CAUSE.—Nothing 

16 in this paragraph precludes the termination of 

17 employment of an eligible employee for cause 

18 during the period described in subparagraph 

19 (C). 

20 (4) RECORDS.—The Secretary shall have access 

21 to all records of the Trust pertaining to the manage22 ment of the Preserve. 

23 (5) VALLES CALDERA FUND.— 


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1 (A) IN GENERAL.—Effective on the date of 

2 enactment of this Act, the Secretary shall as3 sume the powers of the Trust over the Fund. 

4 (B) AVAILABILITY AND USE.—Any 

5 amounts in the Fund as of the date of enact6 ment of this Act shall be available to the Sec7 retary for use, without further appropriation, 

8 for the management of the Preserve. 

9 SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT. 

10 (a) REPEAL.—On the termination of the Trust, the 

11 Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) 

12 is repealed. 

13 (b) EFFECT ON FUND.—Notwithstanding the repeal 

14 made by subsection (a), the Fund shall not be terminated 

15 until all amounts in the Fund have been expended by the 

16 Secretary. 

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this Act. 

Æ 


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