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.
PL 106-248 (S.1892), enacted 07/25/2000

114 STAT. 598 
PUBLIC LAW 106-248^TULY 25, 2000 
Public Law 106-248 
106th Congress 
An Act 
T 1 9P; 9nnn 
'^° authorize the acquisition of the Valles Caldera, to provide for an effective 
^—'- 
land and wildlife management program for this resource within the Department 
tS. 1892] 
of Agriculture, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Valles Caldera 
T I T L E I—^VALLES C A L D E R A N A T I O N A L 
N^w^MelT^''- 
PRESERVE AND TRUST 
16 u s e 698v 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Valles Caldera Preservation 
Act". 
16 u s e 698v. 
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 constitutes a unique land mass, 
with significant 
scientific, 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 logging 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 prescribed fire, have preserved a mix 
of healthy range and timber land with significant species diver-
sity, thereby serving as a model for sustainable land develop-
ment and use; 
(6) the Baca ranch's natural beauty and 
abundant 
resources, and its proximity to large municipal populations, 
could provide numerous recreational opportunities for hiking, 
fishing, camping, cross-country 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 Location No. 1, Santa Fe National 
Forest, New Mexico", as directed by Public Law 101-556; 
PUBLIC LAW 106-248—JULY 25, 2000 
114 STAT. 599 
(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 allowing 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 acquisi-
tion and public access and enjoyment of these lands; 
(10) certain features on the Baca ranch have historical 
and religious significance to Native Americans which can be 
preserved and protected through Federal acquisition of the 
property; 
(11) the unique nature of the Valles Caldera and the poten-
tial uses of its resources with different resulting impacts war-
rants a management regime uniquely capable of developing 
an operational program 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 pro-
vided by the establishment of a Trust capable of using new 
methods of public land management that may prove to be 
cost-effective and environmentally sensitive; and 
(13) the Secretary may promote more efficient management 
of the Valles Caldera and the watershed of the Santa Clara 
Creek through the assignment of purchase rights of such water-
shed 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 generations the sci-
entific, scenic, historic, and natural values of the Baca ranch, 
including rivers and ecosystems and archaeological, geological, 
and cultural resources; 
(3) to provide opportunities for public recreation; 
(4) to establish a demonstration area for an experimental 
management regime adapted to this unique property which 
incorporates elements of public 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 domesticated livestock grazing 
insofar as is consistent with the other purposes stated herein. 
SEC. 103. DEFINITIONS. 
16 USC 698v-l. 
In this title: 
(1) BACA RANCH.—The term "Baca ranch" means the lands 
and facilities described in section 104(a). 
(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 Senate and the Committee on Resources of 
the House of Representatives. 
(4) FINANCIALLY SELF-SUSTAINING.—The term "financially 
self-sustaining" means management and operating expendi-
tures equal to or less than proceeds derived from fees and 
114 STAT. 600 
PUBLIC LAW 106-248-JULY 25, 2000 
other receipts for resource 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, improvements to and 
maintenance of lands and facilities 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 "mul-
tiple use and sustained yield" has 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 provided, the 
term "Secretary" means the Secretary of Agriculture. 
(8) TRUST.—The term "Trust" means the Valles Caldera 
Trust established under section 106. 
16 u s e 698V-2. 
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 approxi-
mately 94,761 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 "Independent 
Resurvey of the Baca Location No. 1", made by L.A. Osterhoudt, 
W.V. Hall, and Charles W. Devendorf, U.S. Cadastral Engi-
neers, June 30, 1920-August 24, 1921, under special instruc-
tions 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 contribution, or by donation of land. 
Funds appropriated to the Secretary from the Land and Water 
Conservation Fund shall be available for this purpose. 
(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 interests 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 war-
ranty or other deed acceptable to the Secretary and in con-
formity with applicable title standards of the Attorney General. 
Government 
(b) ADDITION OF LAND TO B A N D E L I E R NATIONAL MONUMENT.— 
organization. 
Upon acquisition of the Baca ranch under subsection (a), the Sec-
retary of the Interior shall assume administrative jurisdiction over 
PUBLIC LAW 106-248-^ULY 25, 2000 
114 STAT. 601 
those lands within the boundaries of the Bandeher National Monu-
ment as modified 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 corrections in the boundaries 
of the Upper Alamo watershed as depicted on the map referred 
to in section 3 of Public Law 105-376 (112 Stat. 3389). 
(3) BOUNDARY MODIFICATION.—Upon the conveyance 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 Secretary, acting 
through the Forest Service, in cooperation with the Secretary of 
the Interior, acting through the National Park Service, shall— 
(1) prepare a report of management alternatives which 
may— 
(A) provide more coordinated land management within 
the area known as the upper watersheds of Alamo, Capulin, 
Medio, and Sanchez Canyons, including the areas known 
as the Dome Diversity Unit and the Dome Wilderness; 
(B) allow for improved management of elk and other 
wildlife populations ranging between the Santa Fe National 
Forest and the Bandelier National Monument; and 
(C) include proposed boundary adjustments between 
the Santa Fe National Forest and the Bandelier National 
Monument to facilitate 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 acquisition of the 
Baca ranch by the Secretary shall be subject 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 its fair market 
value, as determined by appraisal done in conformity with the 
Uniform 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 purposes of section 
7 of the Land smd Water Conservation Fund Act of 1965 (16 
Deadline. 
Deadline. 
114 STAT. 602 
PUBLIC LAW 106-248-^ULY 25, 2000 
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.— 
(1) IN GENERAL.—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 agreement between the Pueblo and 
the Secretary based on optimal management considerations 
for the Preserve including manageable land line locations, 
public access, and retention of scenic and natural values. All 
appraisals shall be done in conformity with the Uniform 
Appraisal Standards for Federal Land Acquisition. 
(2) STATUS OF LAND ACQUIRED.—^As of the date of acquisi-
tion, the fee title lands, and any mineral estate underlying 
such lands, acquired under this subsection by the Pueblo of 
Santa Clara are deemed transferred into trust in the name 
of the United States for the benefit of the Pueblo of Santa 
Clara and such lands and mineral estate are declared to be 
part of the existing Santa Clara Indian Reservation. 
(3) MINERAL ESTATE.—^Any mineral estate acquired by the 
United States pursuant to section 104(e) underlying fee title 
lands acquired by the Pueblo of Santa Clara shall not be 
developed without the consent of the Secretary of the Interior 
and the Pueblo of Santa Clara. 
(4) SAVINGS.—^Any reservations, easements, and covenants 
contained in an assignment agreement entered into under para-
graph (1) shall not be affected by the acquisition of the Baca 
ranch by the United States, the assumption of management 
by the Valles Caldera Trust, or the lands acquired by the 
Pueblo being taken into trust. 
16 use 698V-3. 
SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE. 
Effective date. 
(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 Federal lands and interests in land acquired 
under sections 104(a) and 104(e), except those lands and interests 
in land administered or held in trust by the Secretary of the 
Interior under sections 104(b) and 104(g), and shall be managed 
in accordance with the purposes and requirements of this title. 
(b) PURPOSES.—^The purposes for which the Preserve is estab-
lished are to protect and preserve the scientific, scenic, geologic, 
watershed, fish, wildlife, historic, cultural, and recreational values 
of the Preserve, and to provide for multiple use and sustained 
yield of renewable resources within the Preserve, consistent with 
this title. 
(c) MANAGEMENT AUTHORITY.—Except for the powers 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 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 interests in min-
erals within the boundaries of the Baca ranch under section 
PUBLIC LAW 106-248—JULY 25, 2000 
114 STAT. 603 
104(e), subject to valid existing rights, the lands comprising 
the Preserve are thereby 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 of the Preserve by the Trust, and the Trust there-
after, from allowing the utilization of common varieties of min-
eral materials such as sand, stone, and gravel as necessary 
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, 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. 
(g) REDONDO PEAK.— 
(1) IN GENERAL.—For the purposes of preserving the nat-
ural, cultural, religious, and historic resources on Redondo Peak 
upon acquisition of the Baca ranch under section 104(a), except 
as provided in paragraph (2), within the area of Redondo Peak 
above 10,000 feet in elevation— 
(A) no roads, structures, or facilities shall be con-
structed; and 
(B) no motorized access shall be allowed. 
(2) 
EXCEPTIONS.—Nothing 
in 
this 
subsection 
shall 
preclude— 
(A) the use and maintenance of roads and trails 
existing as of the date of enactment of this Act; 
(B) the construction, use and maintenance of new 
trails, and the relocation of existing roads, if located to 
avoid Native American religious and cultural sites; and 
(C) motorized access necessary to administer the area 
by the Trust (including measures required in emergencies 
involving the health or safety of persons within the area). 
SEC. 106. THE VALLES CALDERA TRUST. 
16 USC 698v-4. 
(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 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 pur-
poses for which the Preserve was established. 
114 STAT. 604 
PUBLIC LAW 106-248-^ULY 25, 2000 
(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, 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 classi-
fication 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 Super-
intendent of the Bandelier National Monument, whichever is 
greater. 
(2) FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—Except as provided in this title, 
employees of the Trust shall be Federal employees as 
defined by title 5, United States Code, 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 this title. Such employees 
detailed to 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 Government Cor-
poration 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. 
Deadline. 
(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 oper-
ations, 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-sus-
taining 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 annual budget request for appropriations, as authorized 
under section 111(a), to support the administration, oper-
ation, and maintenance of the Preserve. 
(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. 
PUBLIC LAW 106-248^JULY 25, 2000 
114 STAT. 605 
(g) DONATIONS.—The Trust may solicit and accept donations 
of funds, property, supplies, or services from individuals, founda-
tions, corporations, and other private or public entities for the 
purposes of carrying out its duties. The Secretary, prior to assump-
tion 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 of the United States Code, all monies received from 
donations under subsection (g) or from the management of 
the Preserve shall be retained and shall be available, without 
further appropriation, for the administration, preservation, res-
toration, 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 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 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 
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 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. 
(1) 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. 
79-194 O - 00 - 21: QL 3 Part 1 
114 STAT. 606 
PUBLIC LAW 106-248^JULY 25, 2000 
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. 
16 use 698V-5. 
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 National Forest, 
United States Forest Service; 
(B) the Superintendent of the Bandelier National 
Monument, National Park Service; and 
President. 
(C) seven individuals, appointed by the President, in 
consultation with the congressional delegation from the 
State of New Mexico. The seven individuals shall have 
specific expertise or represent an organization or govern-
ment entity as follows— 
(i) one trustee shall have expertise in aspects of 
domesticated livestock management, production, and 
marketing, including range management and livestock 
business management; 
(ii) one trustee shall have expertise in the manage-
ment of game and nongame wildlife and fish popu-
lations, including hunting, fishing, and other rec-
reational activities; 
(iii) one trustee shall have expertise in the sustain-
able management of forest lands for commodity and 
noncommodity purposes; 
(iv) one trustee shall be active in a nonprofit con-
servation organization concerned with the activities 
of the Forest Service; 
(v) one trustee shall have expertise in financial 
management, budget and program analysis, and small 
business operations; 
(vi) one trustee shall have expertise in the cultural 
and natural history of the region; and 
(vii) one trustee shall be active in State or local 
government in New Mexico, with expertise in the cus-
toms of the local area. 
(2) QUALIFICATIONS.—Of the trustees appointed by the 
President— 
(A) none shall be employees of the Federal Govern-
ment; and 
(B) at least five shall be residents of the State of 
New Mexico. 
President. 
(b) INITIAL APPOINTMENTS.—The President shall make the ini-
Deadline. 
tial 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, 
four shall serve for a term of 4 years, and three shall serve 
for a term of 2 years. 
PUBLIC LAW 106-248-^ULY 25, 2000 
114 STAT. 607 
(2) VACANCIES.—^Any vacancy among the appointed trustees 
shall be filled in the same manner in which the original appoint-
ment 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 member-
ship 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 com-
prehensive management program under section 108(d) or to 
approve any activity related 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 require-
ments 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. 
Procedures. 
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 busi-
ness; and 
(2) provision has been made for essential management 
services. 
(b) 
MANAGEMENT 
RESPONSIBILITIES.—Upon assumption 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 Preserve; 
16 u s e 698V-6. 
Deadline. 
114 STAT. 608 
PUBLIC LAW 106-248^JULY 25, 2000 
(2) preservation and development of the land and resources 
of the Preserve; 
(3) interpretation of the Preserve and its history for the 
public; 
(4) management of public use and occupancy of the Pre-
serve; and 
(5) maintenance, rehabilitation, repair, and improvement 
of property within the Preserve. 
(c) AUTHORITIES.— 
(1) IN GENERAL.—^The Trust shall develop programs and 
activities at the Preserve, and shall have the authority to 
negotiate directly and enter into such agreements, leases, con-
tracts and other arrangements with any person, firm, associa-
tion, organization, corporation or governmental entity, including 
without limitation, entities of Federal, State, and local govern-
ments, and consultation with Indian tribes and Pueblos, as 
are necessary and appropriate to carry out its authorized activi-
ties 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 facilities of the Preserve. The procedures 
shall ensure reasonable competition, sind set guidelines for 
determining 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 occupancy 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 termi-
nated. 
(4) APPLICATION OF PROCUREMENT LAWS.— 
(A) IN GENERAL.—^Notwithstanding any other provision 
of law. Federal laws and regulations governing procure-
ment by Federal agencies shall not apply to the Trust, 
with the exception 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 consultation with the 
Administrator of Federal Procurement Policy, Office of 
Management and Budget, shall establish and adopt proce-
dures applicable to the Trust's procurement of goods and 
services, including the award of contracts on the basis 
of contractor qualifications, price, commercially reasonable 
bu5dng practices, and reasonable competition. 
Deadline. 
(d) MANAGEMENT PROGRAM.—^Within two years after assump-
tion 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— 
PUBLIC LAW 106-248—JULY 25, 2000 
114 STAT. 609 
(1) operation of the Preserve as a working ranch, consistent 
with paragraphs (2) through (4); 
(2) the protection and preservation of the scientific, scenic, 
geologic, watershed, fish, wildlife, historic, cultural and rec-
reational values of the Preserve; 
(3) multiple use and sustained yield of renewable resources 
within the Preserve; 
(4) public use of and access to the Preserve for recreation; 
(5) renewable resource utilization and management alter-
natives 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 facilities, for resources or services pro-
vided 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 the multiple use and sustained yield capability of the land, 
(e) PUBLIC USE AND RECREATION.— 
(1) IN GENERAL.—The Trust shall give thorough consider-
ation 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 facili-
ties for activities including, but not limited to camping and 
picnicking, hiking, and cross country skiing. Roads, trails, 
bridges, and recreational facilities constructed within the Pre-
serve shall meet public safety standards applicable to units 
of the National Forest System and the State of New Mexico. 
(2) FEES.—Notwithstanding any other provision of law, 
the Trust is authorized to assess reasonable fees for admission 
to, and the use and occupancy 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 Preserve 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 admissions to the Preserve, 
or any part thereof, based on the capability of the land, 
resources, and facilities. The use of reservation or lottery sys-
tems is expressly authorized to implement this paragraph. 
(f) APPLICABLE LAWS.— 
(1) IN GENERAL.—The Trust, and the Secretary in accord-
ance with section 109(b), shall administer the Preserve in con-
formity with this title and all laws pertaining to the National 
Forest System, except the Forest and Rangeland Renewable 
Resources Planning Act of 1974, as amended (16 U.S.C. 1600 
et seq.). 
Public safety. 
Public notice. 
114 STAT. 610 
PUBLIC LAW 106-248^JULY 25, 2000 
(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 REGULATIONS.— 
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 PUEBLOS.—The Trust 
is authorized and directed to cooperate and consult with Indian 
tribes and Pueblos on management policies and practices for 
the Preserve which may affect them. The Trust is authorized 
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 exclusive use consistent with 
the American Indian Religious Freedom Act (42 U.S.C. 1996 
(note)) and other applicable statutes. 
(6) 
NO ADMINISTRATIVE 
APPEAL.—^The 
administrative 
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 agree-
ment with the Trust to the extent generally authorized in other 
units of the National Forest System. The Trust shall be deemed 
a Federal agency for purposes of the law enforcement authorities 
of the Secretary (within the meaning of section 15008 of the 
National Forest System Drug Control Act of 1986 (16 U.S.C. 559g)). 
At the request of the Trust, the Secretary may provide fire 
presuppression, fire suppression, and rehabilitation services: Pro-
vided, That the Trust shall reimburse the Secretary for salaries 
and expenses of fire management personnel, commensurate with 
services provided. 
16 use 698V-7. 
SEC. 109. AUTHORITIES OF THE SECRETARY. 
(a) IN GENERAL.—Notwithstanding the assumption of manage-
ment of the Preserve by the Trust, 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 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 management 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 
PUBLIC LAW 106-248-^ULY 25, 2000 
114 STAT. 611 
dispose of land or interests 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 avail-
ability of appropriated funds; 
(10) conduct the assessment of the Trust's performance, 
and, if the Secretary determines it necessary, recommend to 
Congress the termination of the Trust, under section 110(b)(2); 
and 
(11) conduct such other activities for which express 
authorization is provided to the Secretary by this title. 
(b) INTERIM MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage the Preserve 
in accordance with this title during the interim period 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 section 108. The Secretary may enter into 
any agreement, lease, contract, or other arrangement on the 
same basis as the Trust under section 108(c)(1): Provided, That 
any agreement, lease, contract, or other arrangement entered 
into by the Secretary 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" established 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 
retains 
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 Congress. 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. 
16 USC 698v-8. 
(a) IN GENERAL.—The Valles Caldera Trust shall terminate 
at the end of the twentieth full fiscal year following 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), 
114 STAT. 612 
PUBLIC LAW 106-248-^ULY 25, 2000 
Deadline. 
16 u s e 698V-9. 
Deadline. 
Deadline. 
Reports. 
16 u s e 698V-10. 
Deadline. 
Reports. 
the Board believes the Trust has met the goals and objec-
tives of the comprehensive management program under 
section 108(d), but has not become financially self-sus-
taining, the Board may submit to the Committees of Con-
gress, a recommendation for authorization of appropria-
tions beyond that provided 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 including 
the reasons for such recommendation. 
(2) SECRETARY.—^Within 120 days after receipt of the rec-
ommendation of the Board under paragraph (1)(B), the Sec-
retary shall submit to the Committees of Congress the Board's 
recommendation on extension or termination along with the 
recommendation of the Secretary with respect to the same 
and stating the reasons for such recommendation. 
(c) EFFECT OF TERMINATION.—In the event of termination of 
the Trust, the Secretary shall assume all management and adminis-
trative functions over the Preserve, and it shall thereafter be man-
aged 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 appropriation, for the management of the 
Preserve. 
(e) VALLES CALDERA FUND.—In the event of termination, 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 Sec-
retary, without further appropriation, for any purpose consistent 
with the purposes 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 acquisition of the Baca ranch under section 104(a). 
SEC. 
1
1
2
. 
GENERAL 
ACCOUNTING 
OFFICE 
STUDY. 
(a) INITIAL STUDY.—Three years after the assumption 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 operated by the Trust and whether it met 
its obligations under this title. 
(b) SECOND STUDY.—Seven years after the assumption of 
management by the Trust, the General Accounting Office shall 
conduct a study of the activities of the Trust and shall report 
PUBLIC LAW 106-248-^ULY 25, 2000 
114 STAT. 613 
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 
Federal Land 
Transaction 
Facilitation Act. 
SEC. 201. SHORT TITLE. 
43 USC 2301 
This title may be cited as the "Federal Land Transaction Facili-
tation Act". 
SEC. 202. FINDINGS. 
• 
43 USC 2301. 
Congress finds that— 
(1) the Bureau of Land Management has authority under 
the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) to sell land identified for disposal under 
its land use planning; 
(2) the Bureau of Land Management has authority 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 certain tracts of public 
land for disposal; 
(4) the Federal land management agencies of the Depart-
ments 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 Fed-
eral 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 bound-
aries of Federal land management units and desire to sell 
the land to the Federal Government; 
(8) such land lies within national parks, national monu-
ments, national wildlife refuges, national forests, and other 
areas designated for special management; 
(9) Federal land management agencies are facing increased 
workloads from rapidly growing public demand for the use 
of public land, making it difficult for Federal managers to 
address problems created by the existence of inholdings in 
many areas; 
(10) in many cases, inholders and the Federal Government 
would mutually benefit from Federal acquisition of the land 
on a priority basis; 
114 STAT. 614 
PUBLIC LAW 106-248-JULY 25, 2000 
(11) proceeds generated from the disposal of public land 
may be properly dedicated to the acquisition of inholdings and 
other land that will improve the resource management ability 
of the Federal land management agencies and adjoining land-
owners; 
(12) using proceeds generated from the disposal of public 
land to purchase inholdings and other such land from willing 
sellers would enhance the ability of the Federal land manage-
ment agencies to— 
(A) work cooperatively with private landowners and 
State and local governments; and 
(B) promote consolidation of the ownership of public 
and private land in a manner that would allow for better 
overall resource management; 
(13) in certain locations, the sale of public land that has 
been identified for disposal is the best way for the public 
to receive fair market value for the land; and 
(14) to allow for the least disruption of existing land and 
resource management programs, the Bureau of Land Manage-
ment may use non-Federal entities to prepare appraisal docu-
ments for agency review and approval consistent 
with 
applicable provisions of the Uniform Standards for Federal 
Land Acquisition. 
43 use 2302. 
SEC. 203. DEFINITIONS. 
In this title: 
(1) 
EXCEPTIONAL 
RESOURCE.—^The 
term 
"exceptional 
resource" means a resource of scientific, natural, historic, cul-
tural, or recreational value that has been documented by a 
Federal, State, or local governmental authority, and for which 
there is a compelling need for conservation and protection under 
the jurisdiction of a Federal agency in order to maintain the 
resource for the benefit of the public. 
(2) FEDERALLY DESIGNATED AREA.—The term "federally des-
ignated area" means land in Alaska and the eleven contiguous 
Western States (as defined in section 103(o) of the Federal 
Land Pohcy and Management Act of 1976 (43 U.S.C. 1702(o))) 
that on the date of enactment of this Act was within the 
boundary of— 
(A) a national monument, area of critical environ-
mental concern, national conservation area, 
national 
riparian 
conservation area, national recreation 
area, 
national scenic area, research natural area, national out-
standing natural area, or a national natural landmark 
managed by the Bureau of Land Management; 
(B) a unit of the National Park System; 
(C) a unit of the National Wildlife Refuge System; 
(D) an area of the National Forest System designated 
for special management by an Act of Congress; or 
(E) an area within which the Secretary or the Secretary 
of Agriculture is otherwise authorized by law to acquire 
lands or interests therein that is designated as— 
(i) wilderness under the Wilderness Act (16 U.S.C. 
1131 et seq.); 
(ii) a wilderness study area; 
PUBLIC LAW 106-248^TULY 25, 2000 
114 STAT. 615 
(iii) a component of the Wild and Scenic Rivers 
System under the Wild and Scenic Rivers Act (16 
U.S.C. 1271 et seq.); or 
(iv) a component of the National Trails System 
under the National Trails System Act (16 U.S.C. 1241 
et seq.). 
(3) INHOLDING.—The term "inholding" means any right, 
title, or interest, held by a non-Federal entity, in ot- to a 
tract of land that lies within the boundary of a federally des-
ignated area. 
(4) PUBLIC LAND.—The term "public land" means public 
lands (as defined in section 103 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1702)). 
(5) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
SEC. 204. IDENTIFICATION OF INHOLDINGS. 
43 USC 2303. 
(a) IN GENERAL.—The Secretary and the Secretary of Agri- Procedures, 
culture shall establish a procedure to— 
(1) identify, by State, inholdings for which the landowner 
has indicated a desire to sell the land or interest therein 
to the United States; and 
(2) prioritize the acquisition of inholdings in accordance 
with section 206(c)(3). 
(b) PUBLIC NOTICE.—^As soon as practicable after the date of 
enactment of this title and periodically thereafter, the Secretary 
and the Secretary of Agriculture shall provide public notice of 
the procedures referred to in subsection (a), including any informa-
tion necessary for the consideration of an inholding under section 
206. Such notice shall include publication in the Federal Register Federal Register, 
and by such other means as the Secretary and the Secretary of publication. 
Agriculture determine to be appropriate. 
(c) iDENTiFiCATiON.^An inholding— 
(1) shall be considered for identification under this section 
only if the Secretary or the Secretary of Agriculture receive 
notification of a desire to sell from the landowner in response 
to public notice given under subsection (b); and 
(2) shall be deemed to have been established as of the 
later of— 
(A) the earlier of— 
(i) the date on which the land was withdrawn 
from the public domain; or 
(ii) the date on which the land was established 
or designated for special management; or 
' 
(B) the date on which the inholding was acquired by 
the current owner. 
(d) No OBLIGATION TO CONVEY OR ACQUIRE.—The identification 
of an inholding under this section creates no obligation on the 
part of a landowner to convey the inholding or any obligation 
on the part of the United States to acquire the inholding. 
SEC. 205. DISPOSAL OF PUBLIC LAND. 
(a) IN GENERAL.—^The Secretary shall establish a program, 
using funds made available under section 206, to complete 
appraisals and satisfy other legal requirements for the sale or 
exchange of public land identified for disposal under approved land 
use plans (as in effect on the date of enactment of this Act) under 
43 USC 2304. 
114 STAT. 616 
PUBLIC LAW 106-248-^ULY 25, 2000 
section 202 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712). 
(b) SALE OF PUBLIC LAND.— 
(1) IN GENERAL.—The sale of public land so identified shall 
be conducted in accordance with sections 203 and 209 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1713, 1719). 
(2) EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS.— 
The exceptions to competitive bidding requirements under sec-
tion 203(f) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1713(f)) shall apply to this section in cases 
in which the Secretary determines it to be necessary. 
(c) REPORT IN PUBLIC LAND STATISTICS.—^The Secretary shall 
provide in the annual publication of Public Land Statistics, a report 
of activities under this section. 
(d) TERMINATION OF AUTHORITY.—The authority provided under 
this section shall terminate 10 years after the date of enactment 
of this Act. 
43 use 2305. 
SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT. 
(a) DEPOSIT OF PROCEEDS.—Notwithstanding any other law 
(except a law that specifically provides for a proportion of the 
proceeds to be distributed to any trust funds of any States), the 
gross proceeds of the sale or exchange of public land under this 
Act shall be deposited in a separate account in the Treasury of 
the United States to be known as the "Federal Land Disposal 
Account". 
(b) AVAILABILITY.—^Amounts in the Federal Land Disposal 
Account shall be available to the Secretary and the Secretary of 
Agriculture, without further Act of appropriation, to carry out this 
title. 
(c) USE OF THE FEDERAL LAND DISPOSAL ACCOUNT.— 
(1) IN GENERAL.—^Funds in the Federal Land Disposal 
Account shall be expended in accordance with this subsection. 
(2) FUND ALLOCATION.— 
(A) PURCHASE OF LAND.—Except as authorized under 
subparagraph (C), funds shall be used to purchase lands 
or interests therein that are otherwise authorized by law 
to be acquired, and that are— 
(i) inholdings; and 
(ii) adjacent to federally designated areas and con-
tain exceptional resources. 
(B) INHOLDINGS.—Not less than 80 percent of the funds 
allocated for the purchase of land within each State shall 
be used to acquire inholdings identified under section 204. 
(C) 
ADMINISTRATIVE 
AND 
OTHER 
EXPENSES.—An 
amount not to exceed 20 percent of the funds deposited 
in the Federal Land Disposal Account may be used by 
the Secretary for administrative and other expenses nec-
essary to carry out the land disposal program under section 
205. 
(D) SAME STATE PURCHASES.—Of the amounts not used 
under subparagraph (C), not less than 80 percent shall 
be expended within the State in which the funds were 
generated. Any remaining funds may be expended in any 
other State. 
PUBLIC LAW 106-248^JULY 25, 2000 
114 STAT. 617 
(3) PRIORITY.—The Secretary and the Secretary of Agri- Procedures, 
culture shall develop a procedure for prioritizing the acquisition 
of inholdings and non-Federal lands with exceptional resources 
as provided in paragraph (2). Such procedure shall consider— 
(A) the date the inholding was established (as provided 
in section 204(c)); 
(B) the extent to which acquisition of the land or 
interest therein will facilitate management efficiency; and 
(C) such other criteria as the Secretary and the Sec-
retary of Agriculture deem appropriate. 
(4) BASIS OF SALE.—^Any land acquired under this section 
shall be— 
(A) from a willing seller; 
(B) contingent on the conveyance of title acceptable 
to the Secretary, or the Secretary of Agriculture in the 
case of an acquisition of National Forest System land, 
using title standards of the Attorney General; 
(C) at a price not to exceed fair market value consistent 
with applicable provisions of the Uniform Appraisal Stand-
ards for Federal Land Acquisitions; and 
(D) managed as part of the unit within which it is 
contained. 
(d) CONTAMINATED SITES AND SITES DIFFICULT AND UNECO-
NOMIC To MANAGE.—Funds in the Federal Land Disposal Account 
shall not be used to purchase land or an interest in land that, 
as determined by the Secretary or the Secretary of Agriculture— 
(1) contains a hazardous substance or is otherwise contami-
nated; or 
(2) because of the location or other characteristics of the 
land, would be difficult or uneconomic to manage as Federal 
land. 
(e) LAND AND WATER CONSERVATION FUND ACT.—Funds made 
available under this section shall be supplemental to any funds 
appropriated under the Land and Water Conservation Fund Act 
(16 U.S.C. 4601-4 etseq.). 
(f) TERMINATION.—On termination of activities under section 
205— 
(1) the Federal Land Disposal Account shall be terminated; 
and 
(2) any remaining balance in the account shall become 
available for appropriation under section 3 of the Land and 
Water Conservation Fund Act (16 U.S.C. 4601-6). 
SEC. 207. SPECIAL PROVISIONS. 
43 USC 2306. 
(a) IN GENERAL.—Nothing in this title provides an exemption 
from any limitation on the acquisition of land or interest in land 
under any Federal law in effect on the date of enactment of this 
Act. 
(b) OTHER LAW.—This title shall not apply to land eligible 
for sale under— 
(1) Public Law 96-568 (commonly known as the "Santini-
Burton Act") (94 Stat. 3381); or 
(2) the Southern Nevada Public Land Management Act 
of 1998 (112 Stat. 2343). 
(c) EXCHANGES.—Nothing in this title precludes, preempts, or 
limits the authority to exchange land under authorities providing 
for the exchange of Federal lands, including but not limited to— 
114 STAT. 618 
PUBLIC LAW 106-248^JULY 25, 2000 
(1) the Federal Land Policy and Management Act of 1976 
(43U.S.C. 1701etseq.);or 
(2) the Federal Land Exchange Facilitation Act of 1988 
(102 Stat. 1086) or the amendments made by that Act. 
(d) No NEW RIGHT OR BENEFIT.—Nothing in this Act creates 
a right or benefit, substantive or procedural, enforceable at law 
or in equity by a party against the United States, its agencies, 
its officers, or any other person. 
Approved July 25, 2000. 
LEGISLATIVE HISTORY—S. 1892: 
HOUSE REPORTS: No. 106-724 (Comm. on Resources). 
SENATE REPORTS: No. 106-267 (Comm on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Apr. 13, considered and passed Senate. 
July 11, 12, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
July 25, Presidential statement.