16 U.S.C. § 698v–4 (CONSERVATION)
§ 698v–4. 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 requirements of sections 698v to 698v–10 of this title;
(3) to receive and collect funds from private and public sources and to make dispositions in support 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 Preserve was established.
(c) Necessary powers
The Trust shall have all necessary and proper powers for the exercise of the authorities 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 employees as it deems necessary without regard to the provisions of title 5 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, relating to classification and General Schedule pay rates. No employee of the Trust shall be paid at a rate in excess of that payable to the Supervisor of the Santa Fe National Forest or the Superintendent of the Bandelier National Monument, whichever is greater.
(2) Federal employees
(A) In general
Except as provided in sections 698v to 698v–10 of this title, employees of the Trust shall be Federal employees as defined by title 5 and shall be subject to all rights and obligations applicable thereto.
(B) Use of Federal employees
At the request of the Trust, the employees of any Federal agency may be provided for implementation of sections 698v to 698v–10 of this title. Such employees detailed 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 Government Corporation subject to chapter 91 of title 31 (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.
(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 information on the status of ecological, cultural, and financial resources being managed by the Trust, and benefits provided by the Preserve to local communities. 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 prepare an annual budget with the goal of achieving a financially self-sustaining operation within 15 full fiscal years after the date of acquisition of the Baca ranch under section 698v–2(a) of this title.
(B) Budget request
The Secretary shall provide necessary assistance (including detailees as necessary) to the Trust for the timely formulation and submission of the annual budget request for appropriations, as authorized under section 698v–9(a) of this title, to support the administration, operation, and maintenance of the Preserve.
(4) Obligations and expenditures
Subject to the laws applicable to Government corporations, the Trust shall determine—
(A) the character of, and the necessity for, any obligations and expenditures of the Trust; and
(B) the manner in which obligations and expenditures shall be incurred, allowed, and paid.
(f) Taxes
The Trust and all properties administered by the Trust shall be exempt from all taxes and special 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 members of the Board of Trustees, the executive director, and one additional employee of the Trust in an executive position designated by the Board of Trustees or the executive director may solicit and accept donations of funds, property, supplies, or services from individuals, 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 accept 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, all monies received from donations under subsection (g) of this section, from claims, judgments, or settlements arising from activities occurring on the Baca Ranch or the Preserve after October 27, 1999, or from the management of the Preserve shall be retained and shall be available, without further appropriation, for the administration, preservation, restoration, operation and maintenance, improvement, repair, and related expenses incurred with respect to properties under its management jurisdiction.
(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 sections 698v to 698v–10 of this title. At the option of the Trust, or the Secretary in accordance with section 698v–8 of this title, the Secretary of the Treasury shall invest excess monies of the Trust in such account, which shall bear interest at rates determined 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 accordance with section 698v–7(b) of this title, 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 Agriculture 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 represented 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 counsel.
(k) Bylaws
The Trust shall adopt necessary bylaws 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 connection with such properties, or activities authorized in such lease or contract, as is reasonable and customary.
(m) Name and insignia
The Trust shall have the sole and exclusive right to use the words “Valles Caldera Trust”, and any seal, emblem, or other insignia adopted by the Board of Trustees. Without express written authority of the Trust, no person may use the words “Valles Caldera Trust” as the name under which that person shall do or purport to do business, for the purpose of trade, or by way of advertisement, or in any manner that may falsely suggest any connection with the Trust.
(Pub. L. 106–248, title I, § 106, July 25, 2000, 114 Stat. 603; Pub. L. 109–132, § 2(b)–(d), Dec. 20, 2005, 119 Stat. 2570, 2571.)
heading: Amendments
text: 2005—Subsec. (e)(4). Pub. L. 109–132, § 2(b), added par. (4).
Subsec. (g). Pub. L. 109–132, § 2(c), substituted “The members of the Board of Trustees, the executive director, and one additional employee of the Trust in an executive position designated by the Board of Trustees or the executive director may solicit” for “The Trust may solicit”.
Subsec. (h)(1). Pub. L. 109–132, § 2(d), substituted “subsection (g) of this section, from claims, judgments, or settlements arising from activities occurring on the Baca Ranch or the Preserve after October 27, 1999,” for “subsection (g) of this section”.