I
106TH CONGRESS
1ST SESSION
H. R. 3288
To authorize the acquisition of the Valles Caldera, to provide for an effective
land and wildlife management program for this resource within the
Department of Agriculture, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1999
Mrs. WILSON (for herself and Mr. UDALL of New Mexico) introduced the
following bill; which was referred to the Committee on Resources
A BILL
To authorize the acquisition of the Valles Caldera, to provide
for an effective land and wildlife management program
for this resource within the Department of Agriculture,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 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;
(5) the careful husbandry of the Baca ranch by
the current owners, including selective timbering,
limited grazing and hunting, and the use of pre-
scribed fire, have preserved a mix of healthy range
and timber land with significant species diversity,
thereby serving as a model for sustainable land de-
velopment 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;
(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.
(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 scientific, scenic, historic, and natural val-
ues of the Baca ranch, including rivers and eco-
systems and archaeological, geological, 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 this sec-
tion 104(a).
(2) BOARD OF TRUSTEES.—The terms ‘‘Board
of Trustees’’ and ‘‘Board’’ mean the Board of
Trustees as describe in section 107.
(3) COMMITTEES
OF
CONGRESS.—The term
‘‘Committees of Congress’’ means the Committee on
Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Rep-
resentatives
(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) MULTIPLE USE AND SUSTAINED YIELD.—
The term ‘‘multiple use and sustained yield’’ means
the combined meaning of the terms ‘‘multiple use’’
and ‘‘sustained yield of the several products and
services’’, as defined under the Multiple-Use Sus-
tained-Yield Act of 1960 (16 U.S.C. 531).
(6) PRESERVE.—The term ‘‘Preserve’’ means
the Valles Caldera National Preserve established
under section 105.
(7) SECRETARY.—Except where otherwise pro-
vided, the term ‘‘Secretary’’ means the Secretary of
Agriculture.
(8) TRUST.—The term ‘‘Trust’’ means the
Valles Caldera Trust established under section 106.
SEC. 104. ACQUISITION OF LANDS.
(a) ACQUISITION OF BACA RANCH.—
(1) IN GENERAL.—In compliance 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 94,761
acres of the Baca ranch, comprising the lands, facili-
ties, and structures referred to as the Baca Location
No. 1, and generally depicted on a plat entitled
‘‘Independent 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 in-
structions for Group No. 107 dated February 12,
1920, in New Mexico.
(2) SOURCE OF FUNDS.—The acquisition under
paragraph (1) may be made by purchase through
appropriated or donated funds, by exchange, by con-
tribution, or by donation of land. Funds appro-
priated to the Secretary from the Land and Water
Conservation Fund shall be available for this pur-
pose.
(3) BASIS
OF
SALE.—The acquisition under
paragraph (1) shall be based on an 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.—Upon acquisition of the Baca ranch under
subsection (a), the Secretary of the Interior shall assume
administrative jurisdiction over those lands within the
boundaries of the Bandelier National Monument as modi-
fied under section 3 of Public Law 105–376 (112 Stat.
3389).
(c) PLAT AND MAPS.—
(1) PLAT AND MAPS PREVAIL.—In case of any
conflict between a plat or a map and acreages, 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-
tershed as depicted on the map referred to in section
3 of Public Law 105–376 (112 Stat. 3389).
(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 under subsection
(a), the Secretary and the Secretary of the Interior
shall submit to the Committees of Congress a final
map of the Preserve and a final map of Bandelier
National 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, in the State of New Mexico.
(d) WATERSHED MANAGEMENT REPORT.—The Sec-
retary, acting through the Forest Service, in cooperation
with the Secretary of the Interior, acting through the Na-
tional Park Service, shall—
(1) prepare a report of management alter-
natives 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 proposed boundary adjust-
ments 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 report to the Committees of
Congress within 120 days of the date of enactment
of this title.
(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 not to exceed their fair market value, as
determined by appraisal done in conformity with the Uni-
form Appraisal Standards for Federal Land Acquisitions.
Any such interests acquired within the boundaries of the
Upper Alamo watershed, as referred to in subsection (b),
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.
(g) PUEBLO OF SANTA CLARA.—The Secretary may
assign to the Pueblo of Santa Clara rights to acquire for
fair market value portions of the Baca ranch. The portion
that may be assigned shall be determined by mutual agree-
ment between the Pueblo and the Secretary based on opti-
mal management considerations for the Preserve including
manageable land line locations, public access, and reten-
tion of the scenic and natural values. All appraisals shall
be done in conformity with the Uniform Appraisal Stand-
ards for Federal Land Acquisitions.
SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.
(a) ESTABLISHMENT.—Upon the date of acquisition
of the Baca ranch under section 104(a), there is hereby
established the Valles Caldera National Preserve as a unit
of the National Forest System which shall include all Fed-
eral lands and interests in land acquired under sections
104(a) and 104(e), except those lands and interests in
land administered by the Secretary of the Interior under
section 104(b), 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.
(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 under sec-
tion 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 under section 104(e), subject to valid existing
rights, the lands comprising the Preserve are there-
by withdrawn from disposition under all laws per-
taining 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 of the Preserve
by the Trust, and the Trust thereafter, from allow-
ing the utilization of common varieties of mineral
materials such as sand, stone, and gravel as nec-
essary for construction and maintenance of roads
and facilities within the Preserve.
(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
Preserve, 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, fish-
ing, 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-
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.—
the Trust for more than 30 days shall be pro-
vided on a reimbursable basis.
(e) GOVERNMENT CORPORATION.—
(1) IN GENERAL.—The Trust shall be a Gov-
ernment Corporation subject to chapter 91 of title
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.—Not later than January 15 of
each year, the Trust shall submit to the Secretary
and the Committees of Congress a comprehensive
and detailed report of its operations, activities, and
accomplishments for the prior year including infor-
mation on the status of ecological, cultural, and fi-
nancial resources being managed by the Trust, and
benefits provided by the Preserve to local commu-
nities. The report shall also include a section that
describes the Trust’s goals for the current year.
(3) ANNUAL BUDGET.—
(A) IN GENERAL.—The Trust shall pre-
pare an annual budget with the goal of achiev-
ing a financially self-sustaining operation within
15 full fiscal years after the date of acquisition
of the Baca ranch under section 104(a).
(B) BUDGET
REQUEST.—The Secretary
shall provide necessary assistance (including
detailees as necessary) to the Trust for the
timely formulation and submission of the an-
nual budget request for appropriations, as au-
thorized under section 111(a), to support the
administration, operation, and maintenance of
the Preserve.
(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 of the
Preserve by the Trust, and the Trust thereafter, may ac-
cept donations from such entities notwithstanding that
such donors may conduct business with the Department
of Agriculture or any other department or agency of the
United States.
(h) PROCEEDS.—
(1) IN
GENERAL.—Notwithstanding sections
1341 and 3302 of title 31 of the United States
Code, all monies received from donations under sub-
section (g) or from the management of the Preserve
shall be retained and shall be available, without fur-
ther appropriation, for the administration, preserva-
tion, 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 for
any purpose consistent with the purposes of this
title. At the option of the Trust, or the Secretary in
accordance with section 110, the Secretary of the
Treasury shall invest excess monies of the Trust in
such account, which shall bear interest at rates de-
termined by the Secretary of the Treasury taking
into consideration the current average market yield
on outstanding marketable obligations of the United
States of comparable maturity.
(i) RESTRICTIONS ON DISPOSITION OF RECEIPTS.—
Any funds received by the Trust, or the Secretary in ac-
cordance with section 109(b), from the management of the
Preserve shall not be subject to partial distribution to the
State under—
(1) the Act of May 23, 1908, entitled ‘‘an Act
making appropriations for the Department of Agri-
culture for the fiscal year ending June thirtieth,
nineteen hundred and nine’’ (35 Stat. 260, chapter
192; 16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (36
Stat. 963, chapter 186; 16 U.S.C. 500); or
(3) any other law.
(j) 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.
(k) BYLAWS.—The Trust shall adopt necessary by-
laws to govern its activities.
(l) INSURANCE AND BOND.—The Trust shall require
that all holders of leases 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 con-
nection 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 9-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;
(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 del-
egation from the State of New Mexico. The 7
individuals shall have specific expertise or rep-
resent an organization or government entity as
follows—
(i) one trustee shall have expertise in
aspects of domesticated livestock manage-
ment, production, and marketing, including
range management and livestock business
management;
(ii) one trustee shall have expertise in
the management of game and nongame
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 noncommodity
purposes;
(iv) one trustee shall be active in a
nonprofit conservation organization con-
cerned with the activities of the Forest
Service;
(v) one trustee shall have expertise in
financial management, budget and pro-
gram analysis, and small business oper-
ations;
(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 President—
(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 under
section 104(a).
(c) TERMS.—
(1) IN
GENERAL.—Appointed trustees shall
each serve a term of 4 years, except that of the
trustees first appointed, 4 shall serve for 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
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
under section 108(d) or to approve any activity re-
lated to the management of the land or resources 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 periodic 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
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 under subsection
(a), the Trust shall manage the land and resources of the
Preserve and the use thereof including, but not limited
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
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 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,
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, in accordance with subsection
(f), develop a comprehensive program for the management
of lands, resources, and facilities within the Preserve to
carry out the purposes under section 105(b). To the extent
consistent with such purposes, 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 of renew-
able resources within the Preserve;
(4) public use of and access to the Preserve for
recreation;
(5) renewable resource utilization and manage-
ment alternatives that, to the extent practicable—
(A) benefit local communities and small
businesses;
(B) enhance coordination of management
objectives with those on surrounding National
Forest System land; and
(C) provide cost savings to the Trust
through the exchange of services, including but
not limited to labor and maintenance of facili-
ties, for resources or services provided by the
Trust; and
(6) optimizing the generation of income based
on existing market conditions, to the extent that it
does not unreasonably diminish the long-term scenic
and natural values of the area, or diminish the mul-
tiple use and sustained yield capability of the land.
(e) PUBLIC USE AND RECREATION.—
(1) IN GENERAL.—The Trust shall give thor-
ough consideration to the provision of appropriate
opportunities for public use and recreation that are
consistent with the other purposes under section
105(b). The Trust is expressly authorized to con-
struct and upgrade roads and bridges, and provide
other facilities for activities including, but not lim-
ited to camping and picnicking, hiking, and cross
country skiing. Roads, trails, bridges, and rec-
reational facilities constructed within the Preserve
shall meet public safety standards applicable 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 under section 104(a), and after an
interim planning period of no more than two years,
the public shall have reasonable access to the Pre-
serve for recreation purposes. The Secretary, prior
to assumption of management of the Preserve by the
Trust, and the Trust thereafter, may reasonably
limit the number and types of recreational admis-
sions to the Preserve, or any part thereof, based on
the capability of the land, resources, and facilities.
The use of reservation or lottery systems is expressly
authorized to implement this paragraph.
(f) APPLICABLE LAWS.—
(1) IN
GENERAL.—The Trust, and the Sec-
retary in accordance with section 109(b), shall ad-
minister the Preserve in conformity with this title
and all laws pertaining to the National Forest Sys-
tem, except 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
compliance 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
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 allow the use of lands 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 MANAGEMENT.—
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 presuppression, fire suppression, and re-
habilitation services: Provided, That the Trust shall reim-
burse the Secretary for salaries and expenses of fire man-
agement personnel, commensurate with services provided.
SEC. 109. AUTHORITIES OF THE SECRETARY.
(a) IN GENERAL.—Notwithstanding the assumption
of management of the Preserve by the Trust, the Sec-
retary 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 under and enforce prohibitions
generally applicable on other units of the National
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 manage-
ment services under section 108(g);
(6) at the request of the Trust, exchange land
or interests in land within the Preserve under laws
generally applicable to other units of the National
Forest System, or otherwise dispose of land or inter-
ests in land within the Preserve under Public Law
97–465 (16 U.S.C. 521c through 521i);
(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, under section 110(b)(2); and
(11) conduct such other activities for which ex-
press authorization is provided to the Secretary by
this title.
(b) INTERIM MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage
the Preserve under this title during the interim pe-
riod from the date of acquisition of the Baca ranch
under section 104(a) to the date of assumption of
management of the Preserve by the Trust under sec-
tion 108: Provided, That any agreement, lease, con-
tract, or other arrangement entered into by the Sec-
retary under section 108(c)(1) shall not exceed two
years in duration unless expressly extended by the
Trust upon its assumption of management of the
Preserve.
(2) USE OF THE FUND.—All monies received by
the Secretary from the management of the Preserve
during the interim period under paragraph (1) shall
be deposited into the ‘‘Valles Caldera Fund’’ estab-
lished under section 106(h)(2), and such monies in
the fund shall be available to the Secretary, without
further appropriation, for the purpose of managing
the Preserve in accordance with the responsibilities
and authorities provided to the Trust under section
108.
(c) 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.
(d) 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 under section 104(a).
(b) RECOMMENDATIONS.—
(1) BOARD.—
(A) If after the fourteenth full fiscal years
from the date of acquisition of the Baca ranch
under section 104(a), the Board believes the
Trust has met the goals and objectives of the
comprehensive management program under sec-
tion 108(d), but has not become financially self-
sustaining, the Board may submit to the Com-
mittees of Congress, a recommendation for au-
thorization of appropriations beyond that pro-
vided under this title.
(B) During the eighteenth full fiscal year
from the date of acquisition of the Baca ranch
under section 104(a), the Board shall submit to
the Secretary its recommendation that the
Trust be either extended or terminated includ-
ing the reasons for such recommendation.
(2) SECRETARY.—Within 120 days after receipt
of the recommendation of the Board under para-
graph (1)(B), the Secretary shall submit to the
Committees of Congress the Board’s recommenda-
tion on extension or termination along with the rec-
ommendation of the Secretary with respect to the
same and stating the reasons for such recommenda-
tion.
(c) EFFECT OF TERMINATION.—In the event of ter-
mination of the Trust, the Secretary shall assume all man-
agement and administrative functions over the Preserve,
and it shall thereafter be managed as a part of the Santa
Fe National Forest, subject to all laws applicable to the
National Forest System.
(d) ASSETS.—In the event of termination of the
Trust, all assets of the Trust shall be used to satisfy any
outstanding liabilities, and any funds remaining shall be
transferred to the Secretary for use, without further ap-
propriation, for the management of the Preserve.
(e) VALLES CALDERA FUND.—In the event of termi-
nation, the Secretary shall assume the powers of the Trust
over funds under section 106(h), and the Valles Caldera
Fund shall not terminate. Any balances remaining in the
fund shall be available to the Secretary, without further
appropriation, for any purpose consistent with the pur-
poses of this title.
SEC. 111. LIMITATIONS ON FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated to the Secretary and
the Trust such funds as are necessary for them to carry
out the purposes of this title for each of the 15 full fiscal
years after the date of acquisition of the Baca ranch under
section 104(a).
(b) SCHEDULE
OF APPROPRIATIONS.—Within two
years after the first meeting of the Board, the Trust shall
submit to Congress a plan which includes a schedule of
annual decreasing appropriated funds that will achieve, at
a minimum, the financially self-sustained operation of the
Trust within 15 full fiscal years after the date of acquisi-
tion of the Baca ranch under section 104(a).
SEC. 112. GENERAL ACCOUNTING OFFICE STUDY.
(a) INITIAL STUDY.—Three years after the assump-
tion of management by the Trust, the General Accounting
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—FEDERAL LAND
TRANSACTION FACILITATION
SECTION 201. SHORT TITLE.
This title may be cited as the ‘‘Federal Land Trans-
action Facilitation Act’’.
SEC. 202. FINDINGS.
Congress finds that—
(1) the Bureau of Land Management has au-
thority under the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.) to sell
land identified for disposal under its land use plan-
ning;
(2) the Bureau of Land Management has au-
thority under that Act to exchange Federal land for
non-Federal land if the exchange would be in the
public interest;
(3) through land use planning under that Act,
the Bureau of Land Management has identified cer-
tain tracts of public land for disposal;
(4) the Federal land management agencies of
the Departments of the Interior and Agriculture
have authority under existing law to acquire land
consistent with the mission of each agency;
(5) the sale or exchange of land identified for
disposal and the acquisition of certain non-Federal
land from willing landowners would—
(A) allow for the reconfiguration of land
ownership patterns to better facilitate resource
management;
(B) contribute to administrative efficiency
within Federal land management units; and
(C) allow for increased effectiveness of the
allocation of fiscal and human resources within
the Federal land management agencies;
(6) a more expeditious process for disposal and
acquisition of land, established to facilitate a more
effective configuration of land ownership patterns,
would benefit the public interest;
(7) many private individuals own land within
the boundaries of Federal land management units
and desire to sell the land to the Federal Govern-
ment;
(8) such land lies within national parks, na-
tional monuments, national wildlife refuges, national
forests, and other areas designated for special man-
agement;