II 

Calendar No. 607 

111TH CONGRESS 

2D SESSION S. 3452 

[Report No. 111–321] 

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 

SEPTEMBER 27, 2010 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause 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. 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 employee’’ means a person that, on the date of en5 actment of this Act, was a full-time or part-time an6 nual employee of the Trust. 

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

8 Valles Caldera Fund established by section 

9 106(h)(2) of the Valles Caldera Preservation Act (16 

10 U.S.C. 698v–4(h)(2)). 

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

12 the Valles Caldera National Preserve in the State. 

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

14 the Secretary of the Interior. 

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

16 of New Mexico. 

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

18 Valles Caldera Trust established by section 106(a) 

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

20 698v–4(a)). 

21 SEC. 3. VALLES CALDERA NATIONAL PRESERVE. 

22 (a) DESIGNATION AS UNIT OF THE NATIONAL PARK

23 SYSTEM.—To protect and preserve the fish, wildlife, wa24 tershed, natural, scientific, scenic, geologic, historic, cul25 tural, archeological, and recreational values of the area, 


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1 the Valles Caldera National Preserve is designated as a 

2 unit of the National Park System. 

3 (b) MANAGEMENT.— 

4 (1) APPLICABLE LAW.—The Secretary shall ad5 minister the Preserve in accordance with— 

6 (A) this Act; and 

7 (B) the laws generally applicable to units 

8 of the National Park System, including— 

9 (i) the National Park Service Organic 

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

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

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

13 (2) INTERIM MANAGEMENT.— 

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

15 of enactment of this Act, the Secretary shall 

16 have sole management responsibility for the 

17 Preserve. 

18 (B) MEMORANDUM OF AGREEMENT.—Not 

19 later than 30 days after the date of enactment 

20 of this Act, the Secretary and the Trust shall 

21 enter into a memorandum of agreement to fa22 cilitate the orderly transfer to the Secretary of 

23 the administration of the Preserve. 

24 (C) EXISTING MANAGEMENT PLANS.—Not25 withstanding the repeal made by section 5(a), 


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1 until the date on which the Secretary completes 

2 a management plan for the Preserve in accord3 ance with paragraph (4), the Secretary may ad4 minister the Preserve in accordance with any 

5 management activities or plans adopted by the 

6 Trust under the Valles Caldera Preservation 

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

8 activities or plans are consistent with paragraph 

9 (1). 

10 (3) MANAGEMENT COORDINATION.—To the 

11 maximum extent practicable, the Secretary shall co12 ordinate the management and operations of the Pre13 serve with the Bandelier National Monument. 

14 (4) MANAGEMENT PLAN.— 

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

16 years after the date on which funds are made 

17 available to implement this subsection, the Sec18 retary shall prepare a management plan for the 

19 Preserve. 

20 (B) APPLICABLE LAW.—The management 

21 plan shall be prepared in accordance with— 

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

23 383 (commonly known as the ‘‘National 

24 Park Service General Authorities Act’’) 

25 (16 U.S.C. 1a–7(b)); and 


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1 (ii) any other applicable laws. 

2 (C) CONSULTATION.—The management 

3 plan shall be prepared in consultation with— 

4 (i) State and local governments; 

5 (ii) Indian tribes and pueblos, includ6 ing the Pueblos of Jemez, Santa Clara, 

7 and San Ildefonso; and 

8 (iii) the public. 

9 (c) ACQUISITION OF LAND.— 

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

11 land and interests in land within the boundaries of 

12 the Preserve by— 

13 (A) purchase with donated or appropriated 

14 funds; 

15 (B) donation; or 

16 (C) transfer from another Federal agency. 

17 (2) ADMINISTRATION OF ACQUIRED LAND.—On 

18 acquisition of any land or interests in land under 

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

20 shall be administered as part of the Preserve. 

21 (d) SCIENCE AND EDUCATION PROGRAM.— 

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

23 (A) until the date on which a management 

24 plan is completed in accordance with subsection 

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1 gram for the Preserve established by the Trust; 

2 and 

3 (B) establish a science and education pro4 gram for the Preserve that— 

5 (i) shall be carried out by the Sec6 retary beginning on the date on which a 

7 management plan is completed in accord8 ance with subsection (b)(3); 

9 (ii) allows for research and interpreta10 tion of the nationally significant geologic 

11 and other scientific features of the Pre12 serve; and 

13 (iii) provides for improved methods of 

14 ecological restoration and science-based 

15 adaptive management of the Preserve. 

16 (2) SCIENCE AND EDUCATION CENTER.—The 

17 Secretary may establish a science and education cen18 ter outside the boundaries of the Preserve to pro19 mote research and education of the natural and cul20 tural resources of the Preserve. 

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

22 of livestock within the Preserve to continue, consistent 

23 with this Act— 


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

2 was permitted during the grazing season preceding 

3 the date of enactment of this Act; and 

4 (2) to the extent the use furthers scientific re5 search or interpretation of the ranching history of 

6 the Preserve. 

7 (f) FISH AND WILDLIFE.— 

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

9 hunting and fishing on land and waters within the 

10 Preserve in accordance with applicable Federal and 

11 State laws, except that the Secretary may, in con12 sultation with the New Mexico Department of Game 

13 and Fish, designate zones in which, and establish 

14 periods during which, no hunting or fishing shall be 

15 permitted for reasons of public safety, administra16 tion, the protection of wildlife and wildlife habitats, 

17 or public use and enjoyment. 

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

19 affects the responsibilities of the State with respect 

20 to fish and wildlife in the State. 

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

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

23 Preserve are withdrawn from— 

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

25 public land laws; 


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

2 laws; and 

3 (3) operation of the mineral leasing laws, geo4 thermal leasing laws, and mineral materials laws. 

5 (h) VOLCANIC DOMES AND OTHER PEAKS.— 

6 (1) IN GENERAL.—For the purposes of pre7 serving the natural, cultural, religious, and historic 

8 resources of the volcanic domes and other peaks in 

9 the Preserve described in paragraph (2) and except 

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

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

12 (A) no roads or facilities shall be con13 structed; and 

14 (B) no motorized access shall be allowed. 

15 (2) DESCRIPTION OF VOLCANIC DOMES.—The 

16 volcanic domes and other peaks referred to in para17 graph (1) are— 

18 (A) Redondo Peak; 

19 (B) Redondito; 

20 (C) South Mountain; 

21 (D) San Antonio Mountain; 

22 (E) Cerro Seco; 

23 (F) Cerro San Luis; 

24 (G) Cerros Santa Rosa; 

25 (H) Cerros del Abrigo; 


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1 (I) Cerro del Medio; 

2 (J) Rabbit Mountain; 

3 (K) Cerro Grande; 

4 (L) Cerro Toledo; 

5 (M) Sierra de los Valles; and 

6 (N) Cerros de los Posos. 

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

8 apply in cases in which the construction or motor9 ized access is necessary for administrative purposes 

10 (including measures required in emergencies to pro11 tect the health and safety of persons in the area). 

12 (i) TRADITIONAL CULTURAL AND RELIGIOUS

13 SITES.— 

14 (1) IN GENERAL.—The Secretary, in consulta15 tion with Indian tribes and pueblos, shall— 

16 (A) ensure the protection of traditional 

17 cultural and religious sites in the Preserve; and 

18 (B) provide access to the sites described in 

19 subparagraph (A) by members of Indian tribes 

20 or pueblos for traditional cultural and cus21 tomary uses, in accordance with Public Law 

22 95–341 (commonly known as the ‘‘American In23 dian Religious Freedom Act’’) (42 U.S.C. 

24 1996). 


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1 (j) TEMPORARY CLOSURES.—In accordance with 

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

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

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

5 temporarily close to general public use 1 or more specific 

6 areas of the Preserve to protect traditional cultural and 

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

8 or pueblo. 

9 (k) CALDERA RIM TRAIL.— 

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

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

12 the Secretary of Agriculture, in consultation with In13 dian tribes, pueblos, and the public, shall study the 

14 feasibility of establishing a hiking trail along the rim 

15 of the Valles Caldera on— 

16 (A) land within the Preserve; and 

17 (B) National Forest System land that is 

18 adjacent to the Preserve. 

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

20 Santa Clara Pueblo, the Secretary and the Secretary 

21 of Agriculture shall seek to enter into an agreement 

22 with the Santa Clara Pueblo with respect to the 

23 Caldera Rim Trail that provides for the protection 

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


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1 continuity of, traditional cultural and religious ac2 tivities on the Santa Clara Indian Reservation. 

3 (3) PROHIBITION ON MOTORIZED ACCESS.—The 

4 Secretary shall maintain prohibitions on the use of 

5 motorized or mechanized travel on Preserve land lo6 cated adjacent to the Santa Clara Indian Reserva7 tion, to the extent the prohibition was in effect on 

8 the date of enactment of this Act. 

9 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

10 (a) IN GENERAL.—Administrative jurisdiction over 

11 the Preserve is transferred from the Secretary of Agri12 culture and the Trust to the Secretary, to be administered 

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

14 section 3. 

15 (b) EXCLUSION FROM SANTA FE NATIONAL FOR16 EST.—The boundaries of the Santa Fe National Forest 

17 are modified to exclude the Preserve. 

18 (c) VALLES CALDERA TRUST.— 

19 (1) TERMINATION.—The Trust shall terminate 

20 180 days after the date of enactment of this Act un21 less the Secretary determines that the termination 

22 date should be extended to facilitate the transitional 

23 management of the Preserve. 

24 (2) ASSETS AND LIABILITIES.— 


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1 (A) ASSETS.—On termination of the 

2 Trust, all assets of the Trust shall be trans3 ferred to the Secretary. 

4 (B) LIABILITIES.— 

5 (i) IN GENERAL.—On termination of 

6 the Trust, the Secretary shall assume all 

7 liabilities of the Trust. 

8 (ii) NEW LIABILITIES.— 

9 (I) BUDGET.—Not later than 30 

10 days after the date of enactment of 

11 this Act, the Secretary and the Trust 

12 shall prepare a budget for the interim 

13 management of the Preserve. 

14 (II) WRITTEN CONCURRENCE RE15 QUIRED.—The Trust shall not incur 

16 any new liabilities not authorized in 

17 the budget prepared under subclause 

18 (I) without the written concurrence of 

19 the Secretary. 

20 (3) PERSONNEL.— 

21 (A) HIRING.—The Secretary and the Sec22 retary of Agriculture may hire employees of the 

23 Trust on a noncompetitive basis for comparable 

24 positions at the Preserve or other units of the 


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1 National Park System or National Forest Sys2 tem in the State. 

3 (B) SALARY.—Any employees hired from 

4 the Trust under subparagraph (A) shall be sub5 ject to the provisions of chapter 51, and sub6 chapter III of chapter 53, title 5, United States 

7 Code, relating to classification and General 

8 Schedule pay rates. 

9 (C) INTERIM RETENTION OF ELIGIBLE EM10 PLOYEES.—For a period of not less than 180 

11 days beginning on the date of enactment of this 

12 Act, all eligible employees of the Trust shall 

13 be— 

14 (i) retained in the employment of the 

15 Trust; 

16 (ii) considered to be placed on detail 

17 to the Secretary; and 

18 (iii) subject to the direction of the 

19 Secretary. 

20 (D) TERMINATION FOR CAUSE.—Nothing 

21 in this paragraph precludes the termination of 

22 employment of an eligible employee for cause 

23 during the period described in subparagraph 

24 (C). 


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

2 to all records of the Trust pertaining to the manage3 ment of the Preserve. 

4 (5) VALLES CALDERA FUND.— 

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

6 enactment of this Act, the Secretary shall as7 sume the powers of the Trust over the Fund. 

8 (B) AVAILABILITY AND USE.—Any 

9 amounts in the Fund as of the date of enact10 ment of this Act shall be available to the Sec11 retary for use, without further appropriation, 

12 for the management of the Preserve. 

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

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

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

16 is repealed. 

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

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

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

20 Secretary. 

21 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated such sums 

23 as are necessary to carry out this Act. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Valles Caldera National 

3 Preserve Management Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 employee’’ means a person who was a full-time or 

8 part-time employee of the Trust during the 180-day 

9 period immediately preceding the date of enactment 

10 of this Act. 

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

12 Caldera Fund established by section 106(h)(2) of the 

13 Valles Caldera Preservation Act (16 U.S.C. 698v– 

14 4(h)(2)). 

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

16 Valles Caldera National Preserve in the State. 

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

18 the Secretary of the Interior. 

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

20 of New Mexico. 

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

22 Caldera Trust established by section 106(a) of the 

23 Valles Caldera Preservation Act (16 U.S.C. 698v– 

24 4(a)). 


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1 SEC. 3. VALLES CALDERA NATIONAL PRESERVE. 

2 (a) DESIGNATION AS UNIT OF THE NATIONAL PARK

3 SYSTEM.—To protect, preserve, and restore the fish, wild4 life, watershed, natural, scientific, scenic, geologic, historic, 

5 cultural, archaeological, and recreational values of the area, 

6 the Valles Caldera National Preserve is designated as a unit 

7 of the National Park System. 

8 (b) MANAGEMENT.— 

9 (1) APPLICABLE LAW.—The Secretary shall ad10 minister the Preserve in accordance with— 

11 (A) this Act; and 

12 (B) the laws generally applicable to units of 

13 the National Park System, including— 

14 (i) the National Park Service Organic 

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

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

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

18 (2) MANAGEMENT COORDINATION.—The Sec19 retary may coordinate the management and oper20 ations of the Preserve with the Bandelier National 

21 Monument. 

22 (3) MANAGEMENT PLAN.— 

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

24 years after the date on which funds are made 

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1 retary shall prepare a management plan for the 

2 Preserve. 

3 (B) APPLICABLE LAW.—The management 

4 plan shall be prepared in accordance with— 

5 (i) section 12(b) of Public Law 91–383 

6 (commonly known as the ‘‘National Park 

7 Service General Authorities Act’’) (16 

8 U.S.C. 1a–7(b)); and 

9 (ii) any other applicable laws. 

10 (C) CONSULTATION.—The management 

11 plan shall be prepared in consultation with— 

12 (i) the Secretary of Agriculture; 

13 (ii) State and local governments; 

14 (iii) Indian tribes and pueblos, includ15 ing the Pueblos of Jemez, Santa Clara, and 

16 San Ildefonso; and 

17 (iv) the public. 

18 (c) ACQUISITION OF LAND.— 

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

20 land and interests in land within the boundaries of 

21 the Preserve by— 

22 (A) purchase with donated or appropriated 

23 funds; 

24 (B) donation; or 

25 (C) transfer from another Federal agency. 


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1 (2) ADMINISTRATION OF ACQUIRED LAND.—On 

2 acquisition of any land or interests in land under 

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

4 shall be administered as part of the Preserve. 

5 (d) SCIENCE AND EDUCATION PROGRAM.— 

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

7 (A) until the date on which a management 

8 plan is completed in accordance with subsection 

9 (b)(3), carry out the science and education pro10 gram for the Preserve established by the Trust; 

11 and 

12 (B) beginning on the date on which a man13 agement plan is completed in accordance with 

14 subsection (b)(3), establish a science and edu15 cation program for the Preserve that— 

16 (i) allows for research and interpreta17 tion of the natural, historic, cultural, geo18 logic and other scientific features of the Pre19 serve; 

20 (ii) provides for improved methods of 

21 ecological restoration and science-based 

22 adaptive management of the Preserve; and 

23 (iii) promotes outdoor educational ex24 periences in the Preserve. 


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1 (2) SCIENCE AND EDUCATION CENTER.—As part 

2 of the program established under paragraph (1)(B), 

3 the Secretary may establish a science and education 

4 center outside the boundaries of the Preserve. 

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

6 of livestock within the Preserve to continue— 

7 (1) consistent with this Act; and 

8 (2) to the extent the use furthers scientific re9 search or interpretation of the ranching history of the 

10 Preserve. 

11 (f) FISH AND WILDLIFE.—Nothing in this Act affects 

12 the responsibilities of the State with respect to fish and 

13 wildlife in the State, except that the Secretary, in consulta14 tion with the New Mexico Department of Game and Fish— 

15 (1) shall permit hunting and fishing on land 

16 and water within the Preserve in accordance with ap17 plicable Federal and State laws; and 

18 (2) may designate zones in which, and establish 

19 periods during which, no hunting or fishing shall be 

20 permitted for reasons of public safety, administration, 

21 the protection of wildlife and wildlife habitats, or 

22 public use and enjoyment. 

23 (g) ECOLOGICAL RESTORATION.— 

24 (1) IN GENERAL.—The Secretary shall undertake 

25 activities to improve the health of forest, grassland, 


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1 and riparian areas within the Preserve, including 

2 any activities carried out in accordance with title IV 

3 of the Omnibus Public Land Management Act of 2009 

4 (16 U.S.C. 7301 et seq.). 

5 (2) COOPERATIVE AGREEMENTS.—The Secretary 

6 may enter into cooperative agreements with adjacent 

7 pueblos to coordinate activities carried out under 

8 paragraph (1) on the Preserve and adjacent pueblo 

9 land. 

10 (h) WITHDRAWAL.—Subject to valid existing rights, all 

11 land and interests in land within the boundaries of the Pre12 serve are withdrawn from— 

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

14 public land laws; 

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

16 laws; and 

17 (3) operation of the mineral leasing laws, geo18 thermal leasing laws, and mineral materials laws. 

19 (i) VOLCANIC DOMES AND OTHER PEAKS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (3), for the purposes of preserving the natural, 

22 cultural, religious, archaeological, and historic re23 sources of the volcanic domes and other peaks in the 

24 Preserve described in paragraph (2) within the area 

25 of the domes and peaks above 9,600 feet in elevation 


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1 or 250 feet below the top of the dome, whichever is 

2 lower— 

3 (A) no roads or buildings shall be con4 structed; and 

5 (B) no motorized access shall be allowed. 

6 (2) DESCRIPTION OF VOLCANIC DOMES.—The 

7 volcanic domes and other peaks referred to in para8 graph (1) are— 

9 (A) Redondo Peak; 

10 (B) Redondito; 

11 (C) South Mountain; 

12 (D) San Antonio Mountain; 

13 (E) Cerro Seco; 

14 (F) Cerro San Luis; 

15 (G) Cerros Santa Rosa; 

16 (H) Cerros del Abrigo; 

17 (I) Cerro del Medio; 

18 (J) Rabbit Mountain; 

19 (K) Cerro Grande; 

20 (L) Cerro Toledo; 

21 (M) Indian Point; 

22 (N) Sierra de los Valles; and 

23 (O) Cerros de los Posos. 

24 (3) EXCEPTION.—Paragraph (1) shall not apply 

25 in cases in which construction or motorized access is 


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1 necessary for administrative purposes (including eco2 logical restoration activities or measures required in 

3 emergencies to protect the health and safety of persons 

4 in the area). 

5 (j) TRADITIONAL CULTURAL AND RELIGIOUS SITES.— 

6 (1) IN GENERAL.—The Secretary, in consultation 

7 with Indian tribes and pueblos, shall ensure the pro8 tection of traditional cultural and religious sites in 

9 the Preserve. 

10 (2) ACCESS.—The Secretary, in accordance with 

11 Public Law 95–341 (commonly known as the ‘‘Amer12 ican Indian Religious Freedom Act’’) (42 U.S.C. 

13 1996)— 

14 (A) shall provide access to the sites de15 scribed in paragraph (1) by members of Indian 

16 tribes or pueblos for traditional cultural and 

17 customary uses; and 

18 (B) may, on request of an Indian tribe or 

19 pueblo, temporarily close to general public use 1 

20 or more specific areas of the Preserve to protect 

21 traditional cultural and customary uses in the 

22 area by members of the Indian tribe or pueblo. 

23 (3) PROHIBITION ON MOTORIZED ACCESS.—The 

24 Secretary shall maintain prohibitions on the use of 

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1 cated adjacent to the Santa Clara Indian Reserva2 tion, to the extent the prohibition was in effect on the 

3 date of enactment of this Act. 

4 (k) CALDERA RIM TRAIL.— 

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

6 the date of enactment of this Act, the Secretary, in 

7 consultation with the Secretary of Agriculture, af8 fected Indian tribes and pueblos, and the public, shall 

9 study the feasibility of establishing a hiking trail 

10 along the rim of the Valles Caldera on— 

11 (A) land within the Preserve; and 

12 (B) National Forest System land that is ad13 jacent to the Preserve. 

14 (2) AGREEMENTS.—On the request of an affected 

15 Indian tribe or pueblo, the Secretary and the Sec16 retary of Agriculture shall seek to enter into an agree17 ment with the Indian tribe or pueblo with respect to 

18 the Caldera Rim Trail that provides for the protec19 tion of— 

20 (A) cultural and religious sites in the vicin21 ity of the trail; and 

22 (B) the privacy of adjacent pueblo land. 

23 (l) VALID EXISTING RIGHTS.—Nothing in this Act af24 fects valid existing rights. 


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1 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

2 (a) IN GENERAL.—Administrative jurisdiction over 

3 the Preserve is transferred from the Secretary of Agriculture 

4 and the Trust to the Secretary, to be administered as a unit 

5 of the National Park System, in accordance with section 

6 3. 

7 (b) EXCLUSION FROM SANTA FE NATIONAL FOR8 EST.—The boundaries of the Santa Fe National Forest are 

9 modified to exclude the Preserve. 

10 (c) INTERIM MANAGEMENT.— 

11 (1) MEMORANDUM OF AGREEMENT.—Not later 

12 than 90 days after the date of enactment of this Act, 

13 the Secretary and the Trust shall enter into a memo14 randum of agreement to facilitate the orderly transfer 

15 to the Secretary of the administration of the Preserve. 

16 (2) EXISTING MANAGEMENT PLANS.—Notwith17 standing the repeal made by section 5(a), until the 

18 date on which the Secretary completes a management 

19 plan for the Preserve in accordance with section 

20 3(b)(3), the Secretary may administer the Preserve in 

21 accordance with any management activities or plans 

22 adopted by the Trust under the Valles Caldera Preser23 vation Act (16 U.S.C. 698v et seq.), to the extent the 

24 activities or plans are consistent with section 3(b)(1). 

25 (3) PUBLIC USE.—The Preserve shall remain 

26 open to public use during the interim management 


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1 period, subject to such terms and conditions as the 

2 Secretary determines to be appropriate. 

3 (d) VALLES CALDERA TRUST.— 

4 (1) TERMINATION.—The Trust shall terminate 

5 180 days after the date of enactment of this Act unless 

6 the Secretary determines that the termination date 

7 should be extended to facilitate the transitional man8 agement of the Preserve. 

9 (2) ASSETS AND LIABILITIES.— 

10 (A) ASSETS.—On termination of the 

11 Trust— 

12 (i) all assets of the Trust shall be 

13 transferred to the Secretary; and 

14 (ii) any amounts appropriated for the 

15 Trust shall remain available to the Sec16 retary for the administration of the Pre17 serve. 

18 (B) ASSUMPTION OF OBLIGATIONS.— 

19 (i) IN GENERAL.—On termination of 

20 the Trust, the Secretary shall assume all 

21 contracts, obligations, and other liabilities 

22 of the Trust. 

23 (ii) NEW LIABILITIES.— 

24 (I) BUDGET.—Not later than 90 

25 days after the date of enactment of this 


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1 Act, the Secretary and the Trust shall 

2 prepare a budget for the interim man3 agement of the Preserve. 

4 (II) WRITTEN CONCURRENCE RE5 QUIRED.—The Trust shall not incur 

6 any new liabilities not authorized in 

7 the budget prepared under subclause 

8 (I) without the written concurrence of 

9 the Secretary. 

10 (3) PERSONNEL.— 

11 (A) HIRING.—The Secretary and the Sec12 retary of Agriculture may hire employees of the 

13 Trust on a noncompetitive basis for comparable 

14 positions at the Preserve or other areas or offices 

15 under the jurisdiction of the Secretary or the 

16 Secretary of Agriculture. 

17 (B) SALARY.—Any employees hired from 

18 the Trust under subparagraph (A) shall be sub19 ject to the provisions of chapter 51, and sub20 chapter III of chapter 53, title 5, United States 

21 Code, relating to classification and General 

22 Schedule pay rates. 

23 (C) INTERIM RETENTION OF ELIGIBLE EM24 PLOYEES.—For a period of not less than 180 


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1 days beginning on the date of enactment of this 

2 Act, all eligible employees of the Trust shall be— 

3 (i) retained in the employment of the 

4 Trust; 

5 (ii) considered to be placed on detail to 

6 the Secretary; and 

7 (iii) subject to the direction of the Sec8 retary. 

9 (D) TERMINATION FOR CAUSE.—Nothing in 

10 this paragraph precludes the termination of em11 ployment of an eligible employee for cause dur12 ing the period described in subparagraph (C). 

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

14 to all records of the Trust pertaining to the manage15 ment of the Preserve. 

16 (5) VALLES CALDERA FUND.— 

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

18 enactment of this Act, the Secretary shall assume 

19 the powers of the Trust over the Fund. 

20 (B) AVAILABILITY AND USE.—Any amounts 

21 in the Fund as of the date of enactment of this 

22 Act shall be available to the Secretary for use, 

23 without further appropriation, for the manage24 ment of the Preserve. 


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

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

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

4 is repealed. 

5 (b) EFFECT OF REPEAL.—Notwithstanding the repeal 

6 made by subsection (a)— 

7 (1) the authority of the Secretary of Agriculture 

8 to acquire mineral interests under section 104(e) of 

9 the Valles Caldera Preservation Act (16 U.S.C. 698v– 

10 2(e)) is transferred to the Secretary and any pro11 ceeding for the condemnation of, or payment of com12 pensation for, an outstanding mineral interest pursu13 ant to the transferred authority shall continue; 

14 (2) the provisions in section 104(g) of the Valles 

15 Caldera Preservation Act (16 U.S.C. 698v–2(g)) relat16 ing to the Pueblo of Santa Clara shall remain in ef17 fect; and 

18 (3) the Fund shall not be terminated until all 

19 amounts in the Fund have been expended by the Sec20 retary. 

21 (c) BOUNDARIES.—The repeal of the Valles Caldera 

22 Preservation Act (16 U.S.C. 698v et seq.) shall not affect 

23 the boundaries as of the date of enactment of this Act (in24 cluding maps and legal descriptions) of— 

25 (1) the Preserve; 


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1 (2) the Santa Fe National Forest (other than the 

2 modification made by section 4(b)); 

3 (3) Bandelier National Monument; and 

4 (4) any land conveyed to the Pueblo of Santa 

5 Clara. 

6 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated such sums as 

8 are necessary to carry out this Act. 


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Calendar No. 607 

111TH CONGRESS 

2D SESSION S. 3452 

[Report No. 111–321] 

A BILL 

To designate the Valles Caldera National Preserve 

other purposes. as a unit of the National Park System, and for 

SEPTEMBER 27, 2010 

Reported with an amendment 


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