Valles Caldera Preservation Act of 2005
PL 109-132 (S.212), enacted 12/20/2005

119 STAT. 2570
PUBLIC LAW 109–132—DEC. 20, 2005
Public Law 109–132
109th Congress
An Act
To amend the Valles Caldera Preservation Act to improve the preservation of
the Valles Caldera, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Valles Caldera Preservation
Act of 2005’’.
SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.
(a) ACQUISITION OF OUTSTANDING MINERAL INTERESTS.—Section
104(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v–
2(e)) is amended—
(1) by striking ‘‘The acquisition’’ and inserting the following:
‘‘(1) IN GENERAL.—The acquisition’’;
(2) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(2) ACQUISITION.—The Secretary’’;
(3) by striking ‘‘on a willing seller basis’’;
(4) by striking ‘‘Any such’’ and inserting the following:
‘‘(3) ADMINISTRATION.—Any such’’; and
(5) by adding at the end the following:
‘‘(4) AVAILABLE
FUNDS.—Any such interests shall be
acquired with available funds.
‘‘(5) DECLARATION OF TAKING.—
‘‘(A) IN
GENERAL.—If negotiations to acquire the
interests are unsuccessful by the date that is 60 days
after the date of enactment of this paragraph, the Secretary
shall acquire the interests pursuant to section 3114 of
title 40, United States Code.
‘‘(B) SOURCE OF FUNDS.—Any difference between the
sum of money estimated to be just compensation by the
Secretary and the amount awarded shall be paid from
the permanent judgment appropriation under section 1304
of title 31, United States Code.’’.
(b) OBLIGATIONS
AND EXPENDITURES.—Section 106(e) of the
Valles Caldera Preservation Act (16 U.S.C. 698v–4(e)) is amended
by adding at the end the following:
‘‘(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 obliga-
tions and expenditures of the Trust; and
‘‘(B) the manner in which obligations and expenditures
shall be incurred, allowed, and paid.’’.
Deadline.
16 USC 698v
note.
Valles Caldera
Preservation Act
of 2005.
Dec. 20, 2005
[S. 212]
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119 STAT. 2571
PUBLIC LAW 109–132—DEC. 20, 2005
(c) SOLICITATION OF DONATIONS.—Section 106(g) of the Valles
Caldera Preservation Act (16 U.S.C. 698v–4(g)) is amended by
striking ‘‘The Trust may solicit’’ and inserting ‘‘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’’.
(d) USE OF PROCEEDS.—Section 106(h)(1) of the Valles Caldera
Preservation Act (16 U.S.C. 698v–4(h)(1)) is amended by striking
‘‘subsection (g)’’ and inserting ‘‘subsection (g), from claims, judg-
ments, or settlements arising from activities occurring on the Baca
Ranch or the Preserve after October 27, 1999,’’.
SEC. 3. BOARD OF TRUSTEES.
Section 107(e) of the Valles Caldera Preservation Act (U.S.C.
698v–5(e)) is amended—
(1) in paragraph (2), by striking ‘‘Trustees’’ and inserting
‘‘Except as provided in paragraph (3), trustees’’; and
(2) in paragraph (3)—
(A) by striking ‘‘Trustees’’ and inserting the following:
‘‘(A) SELECTION.—Trustees’’; and
(B) by adding at the end the following:
‘‘(B) COMPENSATION.—On request of the chair, the chair
may be compensated at a rate determined by the Board
of Trustees, but not to exceed the daily equivalent of the
annual rate of pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each
day (including travel time) in which the chair is engaged
in the performance of duties of the Board of Trustees.
‘‘(C) MAXIMUM RATE OF PAY.—The total amount of com-
pensation paid to the chair for a fiscal year under subpara-
graph (B) shall not exceed 25 percent of the annual rate
of pay for level IV of the Executive Schedule under section
5315 of title 5, United States Code.’’.
SEC. 4. RESOURCE MANAGEMENT.
(a) PROPERTY DISPOSAL LIMITATIONS.—Section 108(c)(3) of the
Valles Caldera Preservation Act (16 U.S.C. 698v–6(c)(3)) is
amended—
(1) in the first sentence, by striking ‘‘The Trust may not
dispose’’ and inserting the following:
‘‘(A) IN GENERAL.—The Trust may not dispose’’;
(2) in the second sentence, by striking ‘‘The Trust’’ and
inserting the following:
‘‘(B) MAXIMUM DURATION.—The Trust’’;
(3) in the last sentence, by striking ‘‘Any such’’ and
inserting the following:
‘‘(C) TERMINATION.—The’’; and
(4) by adding at the end the following:
‘‘(D) EXCLUSIONS.—For the purposes of this paragraph,
the disposal of real property does not include the sale
or other disposal of forage, forest products, or marketable
renewable resources.’’.
(b) LAW ENFORCEMENT AND FIRE MANAGEMENT.—Section 108(g)
of the Valles Caldera Preservation Act (16 U.S.C. 698v–6(g)) is
amended—
(1) in the first sentence, by striking ‘‘The Secretary’’ and
inserting the following:
‘‘(1) LAW ENFORCEMENT.—
16 USC 698v–5.
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119 STAT. 2572
PUBLIC LAW 109–132—DEC. 20, 2005
LEGISLATIVE HISTORY—S. 212:
SENATE REPORTS: No. 109–10 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 26, considered and passed Senate.
Dec. 6, considered and passed House.
‘‘(A) IN GENERAL.—The Secretary’’;
(2) in the second sentence, by striking ‘‘The Trust’’ and
inserting the following:
‘‘(B) FEDERAL AGENCY.—The Trust’’; and
(3) by striking ‘‘At the request of the Trust’’ and all that
follows through the end of the paragraph and inserting the
following:
‘‘(2) FIRE MANAGEMENT.—
‘‘(A) NON-REIMBURSABLE SERVICES.—
‘‘(i) DEVELOPMENT OF PLAN.—The Secretary shall,
in consultation with the Trust, develop a plan to carry
out fire preparedness, suppression, and emergency
rehabilitation services on the Preserve.
‘‘(ii) CONSISTENCY WITH MANAGEMENT PROGRAM.—
The plan shall be consistent with the management
program developed pursuant to subsection (d).
‘‘(iii) COOPERATIVE
AGREEMENT.—To the extent
generally authorized at other units of the National
Forest System, the Secretary shall provide the services
to be carried out pursuant to the plan under a coopera-
tive agreement entered into between the Secretary and
the Trust.
‘‘(B) REIMBURSABLE SERVICES.—To the extent generally
authorized at other units of the National Forest System,
the Secretary may provide presuppression and non-
emergency rehabilitation and restoration services for the
Trust at any time on a reimbursable basis.’’.
Approved December 20, 2005.
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