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 Depart-
ment 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 Agri-
culture through the private sector, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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TITLE I—VALLES CALDERA NA-
TIONAL 
PRESERVE 
AND
TRUST
SECTION 101. SHORT TITLE.
This title may be cited as the ‘‘Valles Caldera Preser-
vation Act’’.
SEC. 102. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the Baca ranch, owned and managed by the
Baca Land and Cattle Company, comprises most of
the Valles Caldera in central New Mexico, and con-
stitutes a unique land mass, with significant sci-
entific, cultural, historic, recreational, ecological,
wildlife, fisheries, and productive values;
(2) the Valles Caldera is a large resurgent lava
dome with potential geothermal activity;
(3) the land comprising the Baca ranch was
originally granted to the heirs of Don Luis Maria
Cabeza de Vaca in 1860;
(4) historical evidence in the form of old log-
ging camps, and other artifacts, and the history of
territorial New Mexico indicate the importance of
this land over many generations for domesticated
livestock production and timber supply;
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(5) the careful husbandry of the Baca ranch by
the Dunigan family, the current owners, including
selective timbering, limited grazing and hunting, and
the use of prescribed fire, have preserved a mix of
healthy range and timber land with significant spe-
cies diversity, thereby serving as a model for sustain-
able land development and use;
(6) the Baca ranch’s natural beauty and abun-
dant resources, and its proximity to large municipal
populations, could provide numerous recreational op-
portunities for hiking, fishing, camping, cross-coun-
try skiing, and hunting;
(7) the Forest Service documented the scenic
and natural values of the Baca ranch in its 1993
study entitled ‘‘Report on the Study of the Baca Lo-
cation No. 1, Santa Fe National Forest, New Mex-
ico’’, as directed by Public Law 101–556;
(8) the Baca ranch can be protected for current
and future generations by continued operation as a
working ranch under a unique management regime
which would protect the land and resource values of
the property and surrounding ecosystem while allow-
ing and providing for the ranch to eventually become
financially self-sustaining;
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(9) the current owners have indicated that they
wish to sell the Baca ranch, creating an opportunity
for federal acquisition and public access and enjoy-
ment of these lands;
(10) certain features on the Baca ranch have
historical and religious significance to Native Ameri-
cans which can be preserved and protected through
federal acquisition of the property;
(11) the unique nature of the Valles Caldera
and the potential uses of its resources with different
resulting impacts warrants a management regime
uniquely capable of developing an operational pro-
gram for appropriate preservation and development
of the land and resources of the Baca ranch in the
interest of the public;
(12) an experimental management regime
should be provided by the establishment of a Trust
capable of using new methods of public land man-
agement that may prove to be cost-effective and en-
vironmentally sensitive; and
(13) the Secretary may promote more efficient
management of the Valles Caldera and the water-
shed of the Santa Clara Creek through the assign-
ment of purchase rights of such watershed to the
Pueblo of Santa Clara.
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(b) PURPOSES.—The purposes of this title are—
(1) to authorize Federal acquisition of the Baca
ranch;
(2) to protect and preserve for future genera-
tions the scenic and natural values of the Baca
ranch, associated rivers and ecosystems, and archae-
ological and cultural resources;
(3) to provide opportunities for public recre-
ation;
(4) to establish a demonstration area for an ex-
perimental management regime adapted to this
unique property which incorporates elements of pub-
lic and private administration in order to promote
long term financial sustainability consistent with the
other purposes enumerated in this subsection; and
(5) to provide for sustained yield management
of Baca ranch for timber production and domes-
ticated livestock grazing insofar as is consistent with
the other purposes stated herein.
SEC. 103. DEFINITIONS.
In this title:
(1) BACA
RANCH.—The term ‘‘Baca ranch’’
means the lands and facilities described in section
104(a).
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(2) BOARD OF TRUSTEES.—The terms ‘‘Board
of Trustees’’ and ‘‘Board’’ mean the Board of
Trustees as described in section 107.
(3) COMMITTEES
OF
CONGRESS.—The term
‘‘Committees of Congress’’ means the Committee on
Energy and Natural Resources of the United States
Senate and the Committee on Resources of the
House of Representatives.
(4) FINANCIALLY SELF-SUSTAINING.—The term
‘‘financially self-sustaining’’ means management and
operating expenditures equal to or less than pro-
ceeds derived from fees and other receipts for re-
source use and development and interest on invested
funds. Management and operating expenditures shall
include Trustee expenses, salaries and benefits of
staff, administrative and operating expenses, im-
provements to and maintenance of lands and facili-
ties of the Preserve, and other similar expenses.
Funds appropriated to the Trust by Congress, either
directly or through the Secretary, for the purposes
of this title shall not be considered.
(5) PRESERVE.—The term ‘‘Preserve’’ means
the Valles Caldera National Preserve established
under section 105.
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(6) SECRETARY.—Except where otherwise pro-
vided, the term ‘‘Secretary’’ means the Secretary of
Agriculture.
(7) TRUST.—The term ‘‘Trust’’ means the
Valles Caldera Trust established under section
106(a).
SEC. 104. ACQUISITION OF LANDS.
(a) ACQUISITION OF BACA RANCH.—
(1) IN GENERAL.—In accordance with the Act
of June 15, 1926 (16 U.S.C. 471a), the Secretary
is authorized to acquire all or part of the rights, title
and interests in and to approximately 94,812 acres
of the Baca ranch, comprising the lands, facilities,
and structures referred to as the Baca Location No.
1, and generally depicted on a plat entitled ‘‘Inde-
pendent Resurvey of the Baca Location No. 1’’,
made by L.A. Osterhoudt, W.V. Hall and Charles
W. Devendorf, U.S. Cadastral Engineers, June 30,
1920–August 24, 1921, under special instructions
for Group No. 107 dated February 12, 1920, in
New Mexico.
(2) SOURCE OF FUNDS.—The acquisition pur-
suant to paragraph (1) may be made by purchase
through appropriated or donated funds, by ex-
change, by contribution, or by donation of land.
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Funds appropriated to the Secretary and the Sec-
retary of the Interior from the Land and Water
Conservation Fund shall be available for this pur-
pose.
(3) BASIS OF SALE.—The acquisition pursuant
to paragraph (1) shall be based on appraisal done in
conformity with the Uniform Appraisal Standards
for Federal Land Acquisitions and—
(A) in the case of purchase, such purchase
shall be on a willing seller basis for no more
than the fair market value of the land or inter-
ests therein acquired; and
(B) in the case of exchange, such exchange
shall be for lands, or interests therein, of equal
value, in conformity with the existing exchange
authorities of the Secretary.
(4) DEED.—The conveyance of the offered
lands to the United States under this subsection
shall be by general warranty or other deed accept-
able to the Secretary and in conformity with applica-
ble title standards of the Attorney General.
(b) ADDITION OF LAND TO BANDELIER NATIONAL
MONUMENT.—
(1) IN
GENERAL.—Upon acquisition of the
Baca ranch pursuant to subsection (a), the Sec-
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retary of the Interior shall assume administrative ju-
risdiction over the approximately 845 acres of the
land acquired within the Upper Alamo watershed as
depicted on the Forest Service map entitled ‘‘Pro-
posed Boundary Expansion Map Bandelier National
Monument’’ dated October, 1998.
(2) MANAGEMENT.—Upon assumption of ad-
ministrative jurisdiction pursuant to paragraph (1),
the Secretary of the Interior shall manage the added
land as a part of Bandelier National Monument, the
boundaries of which are hereby adjusted to encom-
pass such addition. The Secretary of the Interior is
authorized to utilize funds appropriated for the Na-
tional Park Service to acquire, on a willing seller
basis, the Elk Meadows subdivision within such
boundary adjustment.
(c) PLAT AND MAPS.—
(1) PLAT AND MAPS PREVAIL.—In case of any
conflict between the plat referred to in subsection
(a)(1) and the map referred to in subsection (b)(1)
and the acreages provided in such subsections, the
plat or map shall prevail.
(2) MINOR CORRECTIONS.—The Secretary and
the Secretary of the Interior may make minor cor-
rections in the boundaries of the Upper Alamo wa-
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tershed as depicted on the map referred to in sub-
section (b)(1).
(3) BOUNDARY MODIFICATION.—Upon the con-
veyance of any lands to any entity other than the
Secretary, the boundary of the Preserve shall be
modified to exclude such lands.
(4) FINAL MAPS.—Within 180 days of the date
of acquisition of the Baca ranch pursuant to sub-
section (a), the Secretary and the Secretary of the
Interior shall prepare and submit to the Committees
of Congress a final map to the Valles Caldera Na-
tional Preserve and a final map of Bandelier Na-
tional Monument, respectively.
(5) PUBLIC AVAILABILITY.—The plat and maps
referred to in the subsection shall be kept and made
available for public inspection in the offices of the
Chief, Forest Service, and Director, National Park
Service in Washington, D.C., and Supervisor, Santa
Fe National Forest, and Superintendent, Bandelier
National Monument, the State of New Mexico.
(d) WATERSHED MANAGEMENT STUDY.—The Sec-
retary, acting through the Forest Service, in cooperation
with the Secretary of the Interior, acting through the Na-
tional Park Service, shall—
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(1) develop a study of management alternatives
which may—
(A) provide more coordinated land man-
agement within the area known as the Lower
Alamo watershed;
(B) allow for improved management of elk
and other wildlife populations ranging between
the Santa Fe National Forest and the Ban-
delier National Monument; and
(C) include a proposed boundary adjust-
ment between the Santa Fe National Forest
and the Bandelier National Monument to facili-
tate the objectives under subparagraphs (A)
and (B); and
(2) submit the study to the Committees of Con-
gress within 120 days of the boundary adjustment
pursuant to subsection (b)(2).
(e) OUTSTANDING MINERAL INTERESTS.—The ac-
quisition of the Baca ranch by the Secretary shall be sub-
ject to all outstanding valid existing mineral interests. The
Secretary is authorized and directed to negotiate with the
owners of any fractional interest in the subsurface estate
for the acquisition of such fractional interest on a willing
seller basis for their appraised fair market value. Any such
interests acquired within the boundaries of the Upper
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Alamo watershed, as referred to in subsection (b)(1), shall
be administered by the Secretary of the Interior as part
of Bandelier National Monument.
(f) BOUNDARIES OF THE BACA RANCH.—For pur-
poses of section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries
of the Baca ranch shall be treated as if they were National
Forest boundaries existing as of January 1, 1965.
SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.
(a) ESTABLISHMENT.—Upon the date of acquisition
of the Baca ranch pursuant to section 104(a), there is
hereby established the Valles Caldera National Preserve
as a unit of the National Forest System which shall in-
clude all Federal lands and interest in land acquired pur-
suant to subsection 104(a), except those lands and inter-
ests in land administered by the Secretary of the Interior
pursuant to section 104(b)(1), and shall be managed in
accordance with the purposes and requirements of this
title.
(b) PURPOSES.—The purposes for which the Preserve
is established are to protect and preserve the scenic, geo-
logic, watershed, fish, wildlife, historic, cultural, and rec-
reational values of the Preserve, and to provide for mul-
tiple use and sustained yield of renewable resources within
the Preserve, consistent with this title.
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(c) MANAGEMENT AUTHORITY.—Except for the pow-
ers of the Secretary enumerated in this title, the Preserve
shall be managed by the Valles Caldera Trust established
by section 106.
(d) ELIGIBILITY
FOR
PAYMENT
IN
LIEU
OF
TAXES.—Lands acquired by the United States pursuant
to section 104(a) shall constitute entitlement lands for
purposes of the Payment in Lieu of Taxes Act (31 U.S.C.
6901–6904).
(e) WITHDRAWALS.—
(1) IN GENERAL.—Upon acquisition of all inter-
ests in minerals within the boundaries of the Baca
ranch pursuant to section 104(e), subject to valid
existing rights, the lands comprising the Preserve
shall be withdrawn from disposition under all laws
pertaining to mineral leasing, including geothermal
leasing.
(2) MATERIALS FOR ROADS AND FACILITIES.—
Nothing in this title shall preclude the Secretary,
prior to assumption of management authority by the
Trust, and the Trust thereafter, from allowing the
utilization of common varieties of mineral materials
such as sand, stone and gravel as necessary for con-
struction and maintenance of roads and facilities
within the Preserve.
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(f) FISH AND GAME.—Nothing in this title shall be
construed as affecting the responsibilities of the State of
New Mexico with respect to fish and wildlife, including the
regulation of hunting, fishing and trapping within the Pre-
serve, except that the Trust may, in consultation with the
Secretary and the State of New Mexico, designate zones
where, and establish periods when no hunting, fishing or
trapping shall be permitted for reasons of public safety,
administration, the protection of nongame species and
their habitats, or public use and enjoyment.
SEC. 106. THE VALLES CALDERA TRUST.
(a) ESTABLISHMENT.—There is hereby established a
wholly owned government corporation known as the Valles
Caldera Trust which is empowered to conduct business in
the State of New Mexico and elsewhere in the United
States in furtherance of its corporate purposes.
(b) CORPORATE PURPOSES.—The purposes of the
Trust are—
(1) to provide management and administrative
services for the Preserve;
(2) to establish and implement management
policies which will best achieve the purposes and re-
quirements of this title;
(3) to receive and collect funds from private
and public sources and to make dispositions in sup-
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port of the management and administration of the
Preserve; and
(4) to cooperate with Federal, State, and local
governmental units, and with Indian tribes and
Pueblos, to further the purposes for which the Pre-
serve was established.
(c) NECESSARY POWERS.—The Trust shall have all
necessary and proper powers for the exercise of the au-
thorities vested in it.
(d) STAFF.—
(1) IN GENERAL.—The Trust is authorized to
appoint and fix the compensation and duties of an
executive director and such other officers and em-
ployees as it deems necessary without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may
pay them without regard to the provisions of chapter
51, and subchapter III of chapter 53, title 5, United
States Code, relating to classification and General
Schedule pay rates. No employee of the Trust shall
be paid at a rate in excess of that paid the Super-
visor of the Santa Fe National Forest or the Super-
intendent of the Bandelier National Monument,
whichever is greater.
(2) FEDERAL EMPLOYEES.—
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(A) IN GENERAL.—Except as provided in
this title, employees of the Trust shall be Fed-
eral employees as defined by title 5, United
States Code, and shall be subject to all rights
and obligations applicable thereto.
(B) USE OF FOREST SERVICE EMPLOYEES
UPON
ESTABLISHMENT
OF
THE
TRUST.—For
the two year period from the date of the estab-
lishment of the Trust, and upon the request of
the Trust, the Secretary may provide, on a non-
reimbursable basis, Forest Service personnel
and technical expertise as necessary or desirable
to assist in the implementation of this title.
Thereafter, Forest Service employees may be
provided to the Trust as provided in paragraph
(C).
(C) USE
OF
OTHER
FEDERAL
EMPLOY-
EES.—At the request of the Trust, the employ-
ees of any Federal agency may be provided for
implementation of this title. Such employees de-
tailed to the trust for more than 30 days shall
be provided on a reimbursable basis.
(e) GOVERNMENT CORPORATION.—
(1) IN GENERAL.—The Trust shall be a Gov-
ernment Corporation subject to chapter 91 of title
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31, United States Code (commonly referred to as
the Government Corporation Control Act). Financial
statements of the Trust shall be audited annually in
accordance with section 9105 of title 31 of the
United States Code.
(2) REPORTS.—The Trust shall submit, but not
later than January 15 of each year, to the Secretary
and the Committees of Congress a comprehensive
and detailed report of its operations, activities, and
accomplishments for the prior year. The report shall
also include a section that describes the Trust’s
goals for the current year.
(f) TAXES.—The Trust and all properties adminis-
tered by the Trust shall be exempt from all taxes and spe-
cial assessments of every kind by the State of New Mexico,
and its political subdivisions including the Counties of
Sandoval and Rio Arriba.
(g) DONATIONS.—The Trust may solicit and accept
donations of funds, property, supplies, or services from in-
dividuals, foundations, corporations and other private or
public entities for the purposes of carrying out its duties.
The Secretary, prior to assumption of management au-
thority by the Trust, and the Trust thereafter, may accept
donations from such entities notwithstanding that such
donors may conduct business with the Department of Ag-
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riculture or any other Department or agency of the United
States.
(h) PROCEEDS.—
(1) IN
GENERAL.—Notwithstanding section
1341 of title 31 of the United States Code, all mon-
ies received by the Trust shall be retained by the
Trust, and such monies shall be available, without
further appropriation, for the administration, preser-
vation, restoration, operation and maintenance, im-
provement, repair and related expenses incurred
with respect to properties under its management ju-
risdiction.
(2) FUND.—There is hereby established in the
Treasury of the United States a special interest
bearing fund entitled ‘‘Valles Caldera Fund’’ which
shall be available, without further appropriation, to
the Trust for any purpose consistent with the pur-
poses of this title. At the option of the Trust, the
Secretary of the Treasury shall invest excess monies
of the Trust in such account, which shall bear inter-
est at rates determined by the Secretary of the
Treasury taking into consideration the current aver-
age market yield on outstanding marketable obliga-
tions of the United States of comparable maturity.
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(i) SUITS.—The Trust may sue and be sued in its
own name to the same extent as the Federal Government.
For purposes of such suits, the residence of the Trust shall
be the State of New Mexico. The Trust shall be rep-
resented by the Attorney General in any litigation arising
out of the activities of the Trust, except that the Trust
may retain private attorneys to provide advice and coun-
sel.
(j) BYLAWS.—The Trust shall adopt necessary by-
laws to govern its activities.
(k) INSURANCE AND BOND.—The Trust shall require
that all holder of lease from, or parties in contract with
the Trust that are authorized to occupy, use, or develop
properties under the management jurisdiction of the Trust
procure proper insurance against any loss in connection
with such properties, or activities authorized in such lease
or contract, as is reasonable and customary.
SEC. 107. BOARD OF TRUSTEES.
(a) IN GENERAL.—The Trust shall be governed by
a 7 member Board of Trustees consisting of the following:
(1) VOTING
TRUSTEES.—The voting trustees
shall be—
(A) the Supervisor of the Santa Fe Na-
tional Forest, United States Forest Service;
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(B) the Superintendent of the Bandelier
National Monument, National Park Service;
and
(C) 7 individuals, appointed by the Presi-
dent, in consultation with the Congressional
delegation from the State of New Mexico. The
7 individuals shall have specific expertise or
represent an organization or government entity
as follows—
(i) one trustee shall have expertise in
all aspects of domesticated livestock man-
agement, production and marketing, in-
cluding range management and livestock
business management;
(ii) one trustee shall have expertise in
the management of game and non-game
wildlife and fish populations, including
hunting, fishing and other recreational ac-
tivities;
(iii) one trustee shall have expertise in
the sustainable management of forest
lands for commodity and non-commodity
purposes;
(iv) one trustee shall be active in a
non-profit conservation organization con-
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cerned with the activities of the Forest
Service;
(v) one trustee shall have expertise in
financial management, budgeting and pro-
gramming;
(vi) one trustee shall have expertise in
the cultural and natural history of the re-
gion; and
(vii) one trustee shall be active in
State or local government in New Mexico,
with expertise in the customs of the local
area.
(2) QUALIFICATIONS.—Of the trustees ap-
pointed by the Preesident—
(A) none shall be employees of the Federal
Government; and
(B) at least five shall be residents of the
State of New Mexico.
(b) INITIAL APPOINTMENTS.—The President shall
make the initial appointments to the Board of Trustees
within 90 days after acquisition of the Baca ranch pursu-
ant to section 104(a).
(c) TERMS.—
(1) IN
GENERAL.—Appointed trustees shall
each serve a term of 4 years, except that the trust-
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ees first appointed, 4 shall serve a term of 4 years,
and 3 shall serve for a term of 2 years.
(2) VACANCIES.—Any vacancy among the ap-
pointed trustees shall be filled in the same manner
in which the original appointment was made, and
any trustee appointed to fill a vacancy shall serve for
the remainder of that term for which his or her
predecessor was appointed.
(3) LIMITATIONS.—No appointed trustee may
serve more than 8 years in consecutive terms.
(d) QUORUM.—A majority of trustees shall constitute
a quorum of the Board for the conduct of business.
(e) ORGANIZATION AND COMPENSATION.—
(1) IN
GENERAL.—The Board shall organize
itself in such a manner as it deems most appropriate
to effectively carry out the activities of the Trust.
(2) COMPENSATION
OF
TRUSTEES.—Trustees
shall serve without pay, but may be reimbursed from
the funds of the Trust for the actual and necessary
travel and subsistence expenses incurred by them in
the performance of their duties.
(3) CHAIR.—Trustees shall select a chair from
the membership of the Board.
(f) LIABILITY
OF TRUSTEES.—Appointed trustees
shall not be considered Federal employees by virtue of
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their membership on the Board, except for purposes of
the Federal Tort Claims Act, the Ethics in Government
Act, and the provisions of Chapter 11 of title 18, United
States Code.
(g) MEETINGS.—
(1) LOCATION
AND
TIMING
OF
MEETINGS.—
The Board shall meet in sessions open to the public
at least three times per year in New Mexico. Upon
a majority vote made in open session, and a public
statement of the reasons therefore, the Board may
close any other meetings to the public: Provided,
That any final decision of the Board to adopt or
amend the comprehensive management program
pursuant to section 108(d) or to approve any activ-
ity related to the management of the land or re-
sources of the Preserve shall be made in open public
session.
(2) PUBLIC
INFORMATION.—In addition to
other requirements of applicable law, the Board shall
establish procedures for providing appropriate public
information and opportunities for public comment
regarding the management of the Preserve.
SEC. 108. RESOURCE MANAGEMENT.
(a) ASSUMPTION
OF
MANAGEMENT.—The Trust
shall assume all authority provided by this title to manage
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the Preserve upon a determination by the Secretary, which
to the maximum extent practicable shall be made within
60 days after the appointment of the Board, that—
(1) the Board is duly appointed, and able to
conduct business; and
(2) provision has been made for essential man-
agement services.
(b) MANAGEMENT
RESPONSIBILITIES—Upon as-
sumption of management of the Preserve pursuant to sub-
section (a), the Trust shall manage the land and resources
of the Preserve and the use thereof including, but not lim-
ited to such activities as—
(1) administration of the operations of the Pre-
serve;
(2) preservation and development of the land
and resources of the Preserve;
(3) interpretation of the Preserve and its his-
tory for the public;
(4) management of public use and occupancy of
the Preserve; and
(5) maintenance, rehabilitation, repair and im-
provement of property within the Preserve.
(c) AUTHORITIES.—
(1) IN GENERAL.—The Trust shall develop pro-
grams and activities at the Preserve, and shall have
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the authority to negotiate directly and enter into
such agreements, leases, contracts and other ar-
rangements with any person, firm, association, orga-
nization, corporation or governmental entity, includ-
ing without limitation, entities of Federal, State and
local governments, and consultation with Indian
tribes and pueblos, as are necessary and appropriate
to carry out its authorized activities or fulfill the
purposes of this title. Any such agreements may be
entered into without regard to section 321 of the Act
of June 30, 1932 (40 U.S.C. 303b).
(2) PROCEDURES.—The Trust shall establish
procedures for entering into lease agreements and
other agreements for the use and occupancy of facili-
ties of the Preserve. The procedures shall ensure
reasonable competition, and set guidelines for deter-
mining reasonable fees, terms, and conditions for
such agreements.
(3) LIMITATIONS.—The Trust may not dispose
of to any real property in, or convey any water
rights appurtenant to the Preserve. The Trust may
not convey any easement, or enter into any contract,
lease or other agreement related to use and occu-
pancy of property within the Preserve for a period
greater than 10 years. Any such easement, contract,
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lease or other agreement shall provide that, upon
termination of the Trust, such easement, contract,
lease or agreement is terminated.
(4) APPLICATION OF PROCUREMENT LAWS.—
(A) IN
GENERAL.—Notwithstanding any
other provision of law, Federal laws and regula-
tions governing procurement by Federal agen-
cies shall not apply to the Trust, with the ex-
ception of laws and regulations related to Fed-
eral government contracts governing health and
safety requirements, wage rates, and civil
rights.
(B) PROCEDURES.—The Trust, in con-
sultation with the Administrator of Federal
Procurement Policy, Office of Management and
Budget, shall establish and adopt procedures
applicable to the Trust’s procurement of goods
and services, including the award of contracts
on the basis of contractor qualifications, price,
commercially reasonable buying practices, and
reasonable competition.
(d) MANAGEMENT PROGRAM.—Within two years
after assumption of management responsibilities for the
Preserve, the Trust shall develop a comprehensive pro-
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gram for the management of lands, resources, and facili-
ties within the Preserve. Such program shall provide for—
(1) operation of the Preserve as a working
ranch, consistent with paragraphs (2) through (4);
(2) the protection and preservation of the sce-
nic, geologic, watershed, fish, wildlife, historic, cul-
tural and recreational values of the Preserve;
(3) multiple use and sustained yield, as defined
under the Multiple-Use Sustained Yield Act of 1960
(16 U.S.C. 531), of renewable resources within the
Preserve;
(4) public use of and access to the Preserve for
recreation;
(5) preparation of an annual budget with the
goal of achieving a financially self-sustaining oper-
ation within 15 full fiscal years after the date of ac-
quisition of the Baca ranch pursuant to section
104(a); and
(6) optimizing the generation of income based
on existing market conditions, but without unreason-
ably diminishing the long-term scenic and natural
values of the area, or diminishing the multiple use,
sustained yield capability of the land.
(e) PUBLIC USE AND RECREATION.—
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(1) IN GENERAL.—The Trust shall give thor-
ough consideration to the provision of providing ap-
propriate opportunities for public use and recreation
that are consistent with the other purposes under
section 105(b). The Trust is expressly authorized to
construct and upgrade roads and bridges, and pro-
vide other facilities for activities including, but not
limited to camping and picnicking, hiking, cross
country skiing, and snowmobiling. Roads, trails,
bridges, and recreational facilities constructed within
the Preserve shall meet public safety standards ap-
plicable to units of the National Forest System and
the State of New Mexico.
(2) FEES.—Notwithstanding any other provi-
sion of law, the Trust is authorized to assess reason-
able fees for admission to, and the use and occu-
pancy of, the Preserve: Provided, That admission
fees and any fees assessed for recreational activities
shall be implemented only after public notice and a
period of not less than 60 days for public comment.
(3) PUBLIC ACCESS.—Upon the acquisition of
the Baca ranch pursuant to section 104(a), and
after an interim planning period of no more than
two years, the public shall have reasonable access to
the Preserve for recreation purposes. The Secretary,
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prior to assumption of management of the Preserve
by the Trust, and the Trust thereafter, may reason-
ably limit the number and types of recreational ad-
missions to the Preserve, or any part thereof, based
on the capability of the land, resources, and facili-
ties. The use of reservation or lottery system is ex-
pressly authorized to implement this paragraph.
(f) APPLICABLE LAWS.—
(1) IN GENERAL.—The Trust shall administer
the Preserve in conformity with this title and all
laws pertaining to the National Forest System, ex-
cept the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended (16 U.S.C. 1600
et seq.).
(2) ENVIRONMENTAL LAWS.—The Trust shall
be deemed a federal agency for the purposes of com-
pliance with federal environmental laws.
(3) CRIMINAL LAWS.—All criminal laws relating
to Federal property shall apply to the same extent
as on adjacent units of the National Forest System.
(4) REPORTS ON APPLICABLE RULES AND REG-
ULATIONS.—The Trust may submit to the Secretary
and the Committees of Congress a compilation of
applicable rules and regulations which in the view of
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the Trust are inappropriate, incompatible with this
title, or unduly burdensome.
(5) CONSULTATION WITH TRIBES AND PUEB-
LOS.—The Trust is authorized and directed to co-
operate and consult with Indian tribes and pueblos
on management policies and practices for the Pre-
serve which may affect them. The Trust is author-
ized to make lands available within the Preserve for
religious and cultural uses by Native Americans and,
in so doing, may set aside places and times of exclu-
sive use consistent with the American Indian Reli-
gious Freedom Act (42 U.S.C. 1996 (note)) and
other applicable statutes.
(6) NO ADMINISTRATIVE APPEAL.—The admin-
istrative appeals regulations of the Secretary shall
not apply to activities of the Trust and decisions of
the Board.
(g) LAW ENFORCEMENT AND FIRE SUPPRESSION.—
The Secretary shall provide law enforcement services
under a cooperative agreement with the Trust to the ex-
tent generally authorized in other units of the National
Forest System. At the request of the Trust, the Secretary
may provide fire suppression services: Provided, That the
Trust shall reimburse the Secretary for salaries and ex-
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penses of fire suppression personnel, commensurate with
services provided.
SEC. 109. AUTHORITIES OF THE SECRETARY.
(a) IN GENERAL.—Notwithstanding the assumption
by the Trust of management authority, the Secretary is
authorized to—
(1) issue any rights-of-way, as defined in the
Federal Land Policy and Management Act of 1976,
of over 10 years duration, in cooperation with the
Trust, including, but not limited to, road and utility
rights-of-way, and communication sites;
(2) issue orders pursuant to and enforce prohi-
bitions generally applicable on other units of the Na-
tional Forest System, in cooperation with the Trust;
(3) exercise the authorities of the Secretary
under the Wild and Scenic Rivers Act (16 U.S.C.
1278, et seq.) and the Federal Power Act (16
U.S.C. 797, et seq.), in cooperation with the Trust;
(4) acquire the mineral rights referred to in
section 104(e);
(5) provide law enforcement and fire suppres-
sion services pursuant to section 108(h);
(6) at the request of the Trust, exchange or
otherwise dispose of land or interests in land within
the Preserve;
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(7) in consultation with the Trust, refer civil
and criminal cases pertaining to the Preserve to the
Department of Justice for prosecution;
(8) retain title to and control over fossils and
archaeological artifacts found within the Preserve;
(9) at the request of the Trust, construct and
operate a visitors’ center in or near the Preserve,
subject to the availability of appropriated funds;
(10) conduct the assessment of the Trust’s per-
formance, and, if the Secretary determines it nec-
essary, recommend to Congress the termination of
the Trust, pursuant to section 110(b)(2); and
(11) conduct such other activities for which ex-
press authorization is provided to the Secretary by
this title.
(b) SECRETARIAL AUTHORITY.—The Secretary re-
tains the authority to suspend any decision of the Board
with respect to the management of the Preserve if he finds
that the decision is clearly inconsistent with this title.
Such authority shall only be exercised personally by the
Secretary, and may not be delegated. Any exercise of this
authority shall be in writing to the Board, and notification
of the decision shall be given to the Committees of Con-
gress. Any suspended decision shall be referred back to
the Board for reconsideration.
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(c) ACCESS.—The Secretary shall at all times have
access to the Preserve for administrative purposes.
SEC. 110. TERMINATION OF THE TRUST.
(a) IN GENERAL.—The Valles Caldera Trust shall
terminate at the end of the twentieth full fiscal year fol-
lowing acquisition of the Baca ranch pursuant to section
104(a).
(b) RECOMMENDATIONS.—
(1) BOARD.—
(A) If after the fourteenth full fiscal years
from the date of acquisition of the Baca ranch
pursuant to section 104(a), the Board believes
the Trust has met the goals and objectives of
the comprehensive management program under
section 108(d), but has not become financially
self-sufficient, the Board may submit to the
Committees of Congress, a recommendation for
authorization of appropriations beyond that
provided under this title.
(B) During the eighteenth full fiscal year
from the date of acquisition of the Baca ranch
pursuant to section 104(a), the Board shall
submit to the Secretary its recommendation
that the Trust be either extended or terminated
including the reasons for such recommendation.
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Office shall conduct an interim study of the activities of
the Trust and shall report the results of the study to the
Committees of Congress. The study shall include, but shall
not be limited to, details of programs and activities oper-
ated by the Trust and whether it met its obligations under
this title.
(b) SECOND STUDY.—Seven years after the assump-
tion of management by the Trust, the General Accounting
Office shall conduct a study of the activities of the Trust
and shall report the results of the study to the Committees
of Congress. The study shall provide an assessment of any
failure to meet obligations that may be identified under
subsection (a), and further evaluation on the ability of the
Trust to meet its obligations under this title.
TITLE 
II—ACQUISITION 
OF
INHOLDINGS AND DISPOSAL
OF SURPLUS LAND
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Acquisition of
Inholdings and Disposal of Surplus Lands Facilitation
Act’’.
SEC. 202. FINDINGS.
Congress finds that—
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(1) many private individuals own land within
the boundaries of Federal land management units
and wish to sell this land to the Federal government;
(2) these lands lie within national parks, na-
tional forests, national monuments, Bureau of Land
Management special areas, and national wildlife ref-
uges;
(3) in many cases, inholders on these lands and
the Federal government would mutually benefit by
acquiring on a priority basis these lands;
(4) Federal land management agencies are fac-
ing increased workloads from rapidly growing public
demand for the use of public lands, making it dif-
ficult for federal managers to address problems cre-
ated by the existence of inholdings in many areas;
(5) through land use planning under the Fed-
eral Land Policy and Management Act of 1976 the
Bureau of Land Management has identified certain
public lands for disposal;
(6) the Bureau of Land Management has au-
thority under the Federal Land Policy and Manage-
ment Act of 1976 to exchange or sell lands identified
for disposal under its land use planning;
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(7) a more expeditious process for disposition of
public lands identified for disposal would benefit the
public interest;
(8) the sale or exchange of land identified for
disposal would—
(A) allow for the reconfiguration of land
ownership patterns to better facilitate resource
management;
(B) contribute to administrative efficiency
within the federal land management unit; and
(C) allow for increased effectiveness of the
allocation of fiscal and human resources within
the agency;
(9) in certain locations, the sale of public land
which has been identified for disposal is the best way
for the public to receive a fair market value for the
land;
(10) using proceeds generated from the disposal
of public land to purchase inholdings from willing
sellers would enhance the ability of the Federal land
management agencies to work cooperatively with pri-
vate land owners, and State and local governments
and promote consolidation of the ownership of public
and private land in a manner that would allow for
better overall resource management;
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(11) proceeds generated from the disposal of
public land may be properly dedicated to the acquisi-
tion of inholdings; and
(12) to allow for the least disruption of existing
land and resource management programs, the Bu-
reau of Land Management may use non-Federal en-
tities to prepare appraisal documents for agency re-
view and approval in accordance with the applicable
appraisal standards.
SEC. 203. DEFINITIONS.
In this title:
(1) FEDERALLY
DESIGNATED
AREAS.—The
term ‘‘Federally designated areas’’ means land in
Alaska and the eleven contiguous Western States as
defined in section 103(o) of the Federal Land Policy
and Management Act (43 U.S.C. 1702(o)) that on
the date of enactment of this title was within the
boundary of—
(A) a unit of the National Park System;
(B) National Monuments, Areas of Critical
Environmental Concern, National Conservation
Areas, National Riparian Conservation Areas,
Research Natural Areas, Outstanding Natural
Areas, and National Natural Landmarks man-
aged by the Bureau of Land Management;
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(C) National Recreation Areas, National
Scenic Areas, National Monuments, National
Volcanic Areas, and other areas within the Na-
tional Forest System designated for special
management by an Act of Congress;
(D) a unit of the National Wildlife Refuge
System; and
(E) a wilderness area designated under the
Wilderness Act of 1964, as amended (16 U.S.C.
1131 et seq.); an area designated under the
Wild and Scenic Rivers Act, as amended (16
U.S.C. 1271 et seq.); and an area designated
under the National Trails System Act, as
amended (16 U.S.C. 1241 et seq.).
(2) INHOLDING.—The term ‘‘inholding’’ means
any right, title, or interest, held by a non-Federal
entity, in or to a tract of land which lies within the
boundary of a Federally designated area; the term
‘‘inholding’’ does not include lands or interests in
lands for which clear title has not been established
(except where waved by the Federal government),
rights-of-way (including railroad rights-of-way), and
existing easements; and
(3) PUBLIC
LAND.—The term ‘‘public land’’
means public lands as defined in section 103 of the
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Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702).
SEC. 204. IDENTIFICATION OF INHOLDINGS WITHIN FEDER-
ALLY DESIGNATED AREAS.
(a) MULTI-AGENCY EVALUATION TEAM.—
(1) IN GENERAL.—Jointly, the Secretary of the
Interior and the Secretary of Agriculture (the Sec-
retaries) shall establish a multi-agency evaluation
team composed of agency personnel to conduct a
program to identify, by state, inholdings within Fed-
erally designated areas and establish the dates upon
which the lands or interests therein became
inholdings. Inholdings shall be identified using the
means set forth under subsection (d). Inholdings
shall be deemed established as of the latter of—
(A) the date the Federal land was with-
drawn from the public domain, or established or
designated for special management, whichever
is earlier; or
(B) the date on which the inholding was
acquired by the current owner.
(2) PUBLIC
NOTICE.—The Secretaries shall
provide notice to the public in the Federal Register
(and through other such means as the Secretaries
may determine to be appropriate) of a program of