H.R. 4816 (105^th): To authorize the acquisition of the Valles Caldera currently managed by the Baca Land and Cattle Company, to provide for an effective land and wildlife management program for this resource within the Department of Agriculture through the private sector, and for other purposes.

HR 4816 IH

To authorize the acquisition of the Valles Caldera currently managed by the Baca Land and Cattle Company, to provide for an effective land and wildlife management program for this resource within the Department of Agriculture through the private sector, and for other purposes.

October 12, 1998

Mr. REDMOND (for himself and Mrs. WILSON) introduced the following bill; which was referred to the Committee on Resources

To authorize the acquisition of the Valles Caldera currently managed by the Baca Land and Cattle Company, to provide for an effective land and wildlife management program for this resource within the Department of Agriculture through the private sector, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--VALLES CALDERA NATIONAL PRESERVE AND TRUST

SECTION 101. SHORT TITLE.

This title may be cited as the ‘Valles Caldera Preservation Act’.

SEC. 102. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) the Baca ranch, owned and managed by the Baca Land and Cattle Company, comprises most of the Valles Caldera in central New Mexico, and 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 Dunigan family, the current owners, including selective timbering, limited grazing and hunting, and the use of prescribed fire, have preserved a mix of healthy range and timber land with significant species diversity, thereby serving as a model for sustainable land development 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;

(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 acquisition 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 potential uses of its resources with different resulting impacts warrants 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 provided 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 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 generations the scenic and natural values of the Baca ranch, associated rivers and ecosystems, and archaeological 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.

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 United States Senate and the Committee on Resources of the House of Representatives.

(4) FINANCIALLY SELF-SUSTAINING- The term ‘financially self-sustaining’ means management and operating expenditures equal to or less than proceeds derived from fees and 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) PRESERVE- The term ‘Preserve’ means the Valles Caldera National Preserve established under section 105.

(6) SECRETARY- Except where otherwise provided, the term ‘Secretary’ means the Secretary of Agriculture.

(7) TRUST- The term ‘Trust’ means the Valles Caldera Trust established under section 106(a).

SEC. 104. ACQUISITION OF LANDS.

(a) Acquisition of Baca Ranch-

(1) IN GENERAL- In accordance with the Act of June 15, 1926 (16 U.S.C. 471a), the Secretary is authorized to acquire all or part of the rights, title and interests in and to approximately 94,812 acres of the Baca ranch, comprising the lands, facilities, and structures referred to as the Baca Location No. 1, and generally depicted on a plat entitled ‘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 instructions for Group No. 107 dated February 12, 1920, in New Mexico.

(2) SOURCE OF FUNDS- The acquisition pursuant to 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 and the Secretary of the Interior from the Land and Water Conservation Fund shall be available for this purpose.

(3) BASIS OF SALE- The acquisition pursuant to paragraph (1) shall be based on appraisal done in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and--

(A) in the case of purchase, such purchase shall be on a willing seller basis for no more than the fair market value of the land or 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 warranty or other deed acceptable to the Secretary and in conformity with applicable title standards of the Attorney General.

(b) Addition of Land to Bandelier National Monument-

(1) IN GENERAL- Upon acquisition of the Baca ranch pursuant to subsection (a), the Secretary of the Interior shall assume administrative jurisdiction over the approximately 845 acres of the land acquired within the Upper Alamo watershed as depicted on the Forest Service map entitled ‘Proposed Boundary Expansion Map Bandelier National Monument’ dated October, 1998.

(2) MANAGEMENT- Upon assumption of administrative jurisdiction pursuant to paragraph (1), the Secretary of the Interior shall manage the added land as a part of Bandelier National Monument, the boundaries of which are hereby adjusted to encompass such addition. The Secretary of the Interior is authorized to utilize funds appropriated for the National Park Service to acquire, on a willing seller basis, the Elk Meadows subdivision within such boundary adjustment.

(c) Plat and Maps-

(1) PLAT AND MAPS PREVAIL- In case of any conflict between the plat referred to in subsection (a)(1) and the map referred to in subsection (b)(1) and the acreages provided in such subsections, the plat or map shall prevail.

(2) MINOR CORRECTIONS- The Secretary and the Secretary of the Interior may make minor corrections in the boundaries of the Upper Alamo watershed as depicted on the map referred to in subsection (b)(1).

(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 pursuant to subsection (a), the Secretary and the Secretary of the Interior shall prepare and submit to the Committees of Congress a final map to the Valles Caldera National 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, the State of New Mexico.

(d) WATERSHED MANAGEMENT STUDY- The Secretary, acting through the Forest Service, in cooperation with the Secretary of the Interior, acting through the National Park Service, shall--

(1) develop a study of management alternatives which may--

(A) provide more coordinated land management 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

Bandelier National Monument; and

(C) include a proposed boundary adjustment between the Santa Fe National Forest and the Bandelier National Monument to facilitate the objectives under subparagraphs (A) and (B); and

(2) submit the study to the Committees of Congress within 120 days of the boundary adjustment pursuant to subsection (b)(2).

(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 their appraised fair market value. Any such interests acquired within the boundaries of the Upper Alamo watershed, as referred to in subsection (b)(1), shall be administered by the Secretary of the Interior as part of Bandelier National Monument.

(f) BOUNDARIES OF THE BACA RANCH- For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the boundaries of the Baca ranch shall be treated as if they were National Forest boundaries existing as of January 1, 1965.

SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.

(a) ESTABLISHMENT- Upon the date of acquisition of the Baca ranch pursuant to section 104(a), there is hereby established the Valles Caldera National Preserve as a unit of the National Forest System which shall include all Federal lands and interest in land acquired pursuant to subsection 104(a), except those lands and interests in land administered by the Secretary of the Interior pursuant to section 104(b)(1), and shall be managed in accordance with the purposes and requirements of this title.

(b) PURPOSES- The purposes for which the Preserve is established are to protect and preserve the scenic, 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 pursuant to section 104(a) shall constitute entitlement lands for purposes of the Payment in Lieu of Taxes Act (31 U.S.C. 6901-6904).

(e) Withdrawals-

(1) IN GENERAL- Upon acquisition of all interests in minerals within the boundaries of the Baca ranch pursuant to section 104(e), subject to valid existing rights, the lands comprising the Preserve shall be withdrawn from disposition under all laws pertaining to mineral leasing, including geothermal leasing.

(2) MATERIALS FOR ROADS AND FACILITIES- Nothing in this title shall preclude the Secretary, prior to assumption of management authority by the Trust, and the Trust thereafter, from allowing the utilization of common varieties of mineral materials such as sand, stone and gravel as necessary for 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.

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 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 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, United States Code, governing appointments in the competitive service, and may pay them without regard to the provisions of chapter 51, and subchapter III of chapter 53, title 5, United States Code, relating to classification and General Schedule pay rates. No employee of the Trust shall be paid at a rate in excess of that paid the 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 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 FOREST SERVICE EMPLOYEES UPON ESTABLISHMENT OF THE TRUST- For the two year period from the date of the establishment of the Trust, and upon the request of the Trust, the Secretary may provide, on a nonreimbursable basis, Forest Service personnel and technical expertise as necessary or desirable to

assist in the implementation of this title. Thereafter, Forest Service employees may be provided to the Trust as provided in paragraph (C).

(C) USE OF OTHER FEDERAL 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 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, United States Code (commonly referred to as the Government Corporation Control Act). Financial statements of the Trust shall be audited annually in accordance with section 9105 of title 31 of the United States Code.

(2) REPORTS- The Trust shall submit, but not later than January 15 of each year, to the Secretary and the Committees of Congress a comprehensive and detailed report of its operations, activities, and accomplishments for the prior year. The report shall also include a section that describes the Trust’s goals for the current year.

(f) TAXES- The Trust and all properties 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 Trust 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 authority 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 section 1341 of title 31 of the United States Code, all monies received by the Trust shall be retained by the Trust, and such monies 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, to the Trust for any purpose consistent with the purposes of this title. At the option of the Trust, the Secretary of the Treasury shall invest excess monies of the Trust in such account, which shall bear 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) 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.

(j) BYLAWS- The Trust shall adopt necessary bylaws to govern its activities.

(k) INSURANCE AND BOND- The Trust shall require that all holder of lease from, or parties in contract with the Trust that are authorized to occupy, use, or develop properties under the management jurisdiction of the Trust procure proper insurance against any loss in connection with such properties, or activities authorized in such lease or contract, as is reasonable and customary.

SEC. 107. BOARD OF TRUSTEES.

(a) IN GENERAL- The Trust shall be governed by a 7 member Board of Trustees consisting of the following:

(1) VOTING TRUSTEES- The voting trustees shall be--

(A) the Supervisor of the Santa Fe National Forest, United States Forest Service;

(B) the Superintendent of the Bandelier National Monument, National Park Service; and

(C) 7 individuals, appointed by the President, in consultation with the Congressional delegation from the State of New Mexico. The 7 individuals shall have specific expertise or represent an organization or government entity as follows--

(i) one trustee shall have expertise in all aspects of domesticated livestock management, production and marketing, including range management and livestock business management;

(ii) one trustee shall have expertise in the management of game and non-game wildlife and fish populations, including hunting, fishing and other recreational activities;

(iii) one trustee shall have expertise in the sustainable management of forest lands for commodity and non-commodity purposes;

(iv) one trustee shall be active in a non-profit conservation organization concerned with the activities of the Forest Service;

(v) one trustee shall have expertise in financial management, budgeting and programming;

(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 customs of the local area.

(2) QUALIFICATIONS- Of the trustees appointed by the Preesident--

(A) none shall be employees of the Federal Government; and

(B) at least five shall be residents of the State of New Mexico.

(b) INITIAL APPOINTMENTS- The President shall make the initial appointments to the Board of Trustees within 90 days after acquisition of the Baca ranch pursuant to section 104(a).

(c) TERMS-

(1) IN GENERAL- Appointed trustees shall each serve a term of 4 years, except that the trustees first appointed, 4 shall serve a term of 4 years, and 3 shall serve for a term of 2 years.

(2) VACANCIES- Any vacancy among the appointed 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 pursuant to 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 requirements of applicable law, the Board shall establish procedures for providing appropriate public information and opportunities for public comment regarding the management of the Preserve.

SEC. 108. RESOURCE MANAGEMENT.

(a) ASSUMPTION OF MANAGEMENT- The Trust shall assume all authority provided by this title to manage 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 management services.

(b) MANAGEMENT RESPONSIBILITIES--Upon assumption of management of the Preserve pursuant to 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;

(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 Preserve; 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, contracts and other arrangements with any person, firm, association, organization, corporation or governmental entity, including 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 facilities of the Preserve. The procedures shall ensure reasonable competition, and set guidelines for determining reasonable fees, terms, and conditions for such agreements.

(3) LIMITATIONS- The Trust may not dispose of to any real property in, or convey any water rights appurtenant to the Preserve. The Trust may not convey any easement, or enter into any contract, lease or other agreement related to use and 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 terminated.

(4) Application of procurement laws-

(A) IN GENERAL- Notwithstanding any other provision of law, Federal laws and regulations governing procurement by Federal agencies shall not apply to the Trust, with the exception of laws and regulations related to Federal 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 procedures applicable to the Trust’s procurement of goods and services, including the award of contracts on the basis of contractor qualifications, price, commercially reasonable buying practices, and reasonable competition.

(d) MANAGEMENT PROGRAM- Within two years after assumption of management responsibilities for the Preserve, the Trust shall develop a comprehensive program for the management of lands, resources, and facilities within the Preserve. Such program shall provide for--

(1) operation of the Preserve as a working ranch, consistent with

paragraphs (2) through (4);

(2) the protection and preservation of the scenic, geologic, watershed, fish, wildlife, historic, cultural and recreational values of the Preserve;

(3) multiple use and sustained yield, as defined under the Multiple-Use Sustained Yield Act of 1960 (16 U.S.C. 531), of renewable resources within the Preserve;

(4) public use of and access to the Preserve for recreation;

(5) preparation of an annual budget with the goal of achieving a financially self-sustaining operation within 15 full fiscal years after the date of acquisition of the Baca ranch pursuant to section 104(a); and

(6) optimizing the generation of income based on existing market conditions, but without unreasonably diminishing the long-term scenic and natural values of the area, or diminishing the multiple use, sustained yield capability of the land.

(e) Public Use and Recreation-

(1) IN GENERAL- The Trust shall give thorough consideration to the provision of providing appropriate opportunities for public use and recreation that are consistent with the other purposes under section 105(b). The Trust is expressly authorized to construct and upgrade roads and bridges, and provide other facilities for activities including, but not limited to camping and picnicking, hiking, cross country skiing, and snowmobiling. Roads, trails, bridges, and recreational facilities constructed within the Preserve shall meet public safety standards 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 pursuant to section 104(a), and after an interim planning period of no more than two years, the public shall have reasonable access to the Preserve for recreation purposes. The Secretary, 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 system is expressly authorized to implement this paragraph.

(f) Applicable Laws-

(1) IN GENERAL- The Trust shall administer the Preserve in conformity with this title and all laws pertaining to the National Forest System, 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 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 make lands available within the Preserve for religious and cultural uses by Native Americans and, in so doing, may set aside places and times of 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 SUPPRESSION- The Secretary shall provide law enforcement services under a cooperative agreement with the Trust to the extent generally authorized in other units of the National Forest System. At the request of the Trust, the Secretary may provide fire suppression services: Provided, That the Trust shall reimburse the Secretary for salaries and expenses of fire suppression personnel, commensurate with services provided.

SEC. 109. AUTHORITIES OF THE SECRETARY.

(a) IN GENERAL- Notwithstanding the assumption by the Trust of management authority, the Secretary is authorized to--

(1) issue any rights-of-way, as defined in the Federal Land Policy and Management Act of 1976, of over 10 years duration, in cooperation with the Trust, including, but not limited to, road and utility rights-of-way, and communication sites;

(2) issue orders pursuant to and enforce 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 suppression services pursuant to section 108(h);

(6) at the request of the Trust, exchange or otherwise dispose of land or interests in land within the Preserve;

(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 performance, and, if the Secretary determines it necessary, recommend to Congress the termination of the Trust, pursuant to section 110(b)(2); and

(11) conduct such other activities for which express authorization is provided to the Secretary by this title.

(b) 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.

(c) ACCESS- The Secretary shall at all times have access to the Preserve for administrative purposes.

SEC. 110. TERMINATION OF THE TRUST.

(a) IN GENERAL- The Valles Caldera Trust shall terminate at the end of the twentieth full fiscal year following acquisition of the Baca ranch pursuant to section 104(a).

(b) Recommendations-

(1) Board-

(A) If after the fourteenth full fiscal years from the date of acquisition of the Baca ranch pursuant to section 104(a), the Board believes the Trust has met the goals and objectives of the comprehensive management program under section 108(d), but has not become financially self-sufficient, the Board may submit to the Committees of Congress, a recommendation for authorization of appropriations beyond that provided under this title.

(B) During the eighteenth full fiscal year from the date of acquisition of the Baca ranch pursuant to section 104(a), the Board shall submit to the Secretary its recommendation that the Trust be either extended or terminated including the reasons for such recommendation.

(2) SECRETARY- Within 120 days after receipt of the recommendation of the Board under paragraph (1)(B), the Secretary 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 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 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 pursuant to 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 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 pursuant to 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 federally 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 pursuant to section 104(a).

(c) ANNUAL BUDGET REQUEST- The Secretary shall provide necessary assistance, including detailees as necessary, to the Trust in the formulation and submission of the annual budget request for the administration, operation, and maintenance of the Preserve.

SEC. 112. 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 the results of the study to the Committees of Congress. The study shall provide an assessment of any failure to meet obligations that may be identified under subsection (a), and further evaluation on the ability of the Trust to meet its obligations under this title.

TITLE II--ACQUISITION OF INHOLDINGS AND DISPOSAL OF SURPLUS LAND

SEC. 201. SHORT TITLE.

This title may be cited as the ‘Acquisition of Inholdings and Disposal of Surplus Lands Facilitation Act’.

SEC. 202. FINDINGS.

Congress finds that--

(1) many private individuals own land within the boundaries of Federal land management units and wish to sell this land to the Federal government;

(2) these lands lie within national parks, national forests, national monuments, Bureau of Land Management special areas, and national wildlife refuges;

(3) in many cases, inholders on these lands and the Federal government would mutually benefit by acquiring on a priority basis these lands;

(4) Federal land management agencies are facing increased workloads from rapidly growing public demand for the use of public

lands, making it difficult for federal managers to address problems created by the existence of inholdings in many areas;

(5) through land use planning under the Federal Land Policy and Management Act of 1976 the Bureau of Land Management has identified certain public lands for disposal;

(6) the Bureau of Land Management has authority under the Federal Land Policy and Management Act of 1976 to exchange or sell lands identified for disposal under its land use planning;

(7) a more expeditious process for disposition of public lands identified for disposal would benefit the public interest;

(8) the sale or exchange of land identified for disposal would--

(A) allow for the reconfiguration of land ownership patterns to better facilitate resource management;

(B) contribute to administrative efficiency within the federal land management unit; and

(C) allow for increased effectiveness of the allocation of fiscal and human resources within the agency;

(9) in certain locations, the sale of public land which has been identified for disposal is the best way for the public to receive a fair market value for the land;

(10) using proceeds generated from the disposal of public land to purchase inholdings from willing sellers would enhance the ability of the Federal land management agencies to work cooperatively with private land owners, and State and local governments and promote consolidation of the ownership of public and private land in a manner that would allow for better overall resource management;

(11) proceeds generated from the disposal of public land may be properly dedicated to the acquisition of inholdings; and

(12) to allow for the least disruption of existing land and resource management programs, the Bureau of Land Management may use non-Federal entities to prepare appraisal documents for agency review and approval in accordance with the applicable appraisal standards.

SEC. 203. DEFINITIONS.

In this title:

(1) FEDERALLY DESIGNATED AREAS- The term ‘Federally designated areas’ means land in Alaska and the eleven contiguous Western States as defined in section 103(o) of the Federal Land Policy and Management Act (43 U.S.C. 1702(o)) that on the date of enactment of this title was within the boundary of--

(A) a unit of the National Park System;

(B) National Monuments, Areas of Critical Environmental Concern, National Conservation Areas, National Riparian Conservation Areas, Research Natural Areas, Outstanding Natural Areas, and National Natural Landmarks managed by the Bureau of Land Management;

(C) National Recreation Areas, National Scenic Areas, National Monuments, National Volcanic Areas, and other areas within the National Forest System designated for special management by an Act of Congress;

(D) a unit of the National Wildlife Refuge System; and

(E) a wilderness area designated under the Wilderness Act of 1964, as amended (16 U.S.C. 1131 et seq.); an area designated under the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271 et seq.); and an area designated under the National Trails System Act, as amended (16 U.S.C. 1241 et seq.).

(2) INHOLDING- The term ‘inholding’ means any right, title, or interest, held by a non-Federal entity, in or to a tract of land which lies within the boundary of a Federally designated area; the term ‘inholding’ does not include lands or interests in lands for which clear title has not been established (except where waved by the Federal government), rights-of-way (including railroad rights-of-way), and existing easements; and

(3) PUBLIC LAND- The term ‘public land’ means public lands as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

SEC. 204. IDENTIFICATION OF INHOLDINGS WITHIN FEDERALLY DESIGNATED AREAS.

(a) MULTI-AGENCY EVALUATION TEAM-

(1) IN GENERAL- Jointly, the Secretary of the Interior and the Secretary of Agriculture (the Secretaries) shall establish a multi-agency evaluation team composed of agency personnel to conduct a program to identify, by state, inholdings within Federally designated areas and establish the dates upon which the lands or interests therein became inholdings. Inholdings shall be identified using the means set forth under subsection (d). Inholdings shall be deemed established as of the latter of--

(A) the date the Federal land was withdrawn from the public domain, or established or designated for special management, whichever is earlier; or

(B) the date on which the inholding was acquired by the current owner.

(2) PUBLIC NOTICE- The Secretaries shall provide notice to the public in the Federal Register (and through other such means as the Secretaries may determine to be appropriate) of a program of identification of inholdigns within Federally designated areas by which any owner who wants to sell such an inholding to the United States shall provide to the Secretaries such information regarding that inholding as is required by the notice.

(b) COMPOSITION OF THE EVALUATION TEAM- The team shall be composed of employees of the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management, the Department of Agriculture, Forest Service, and other agencies as appropriate.

(c) TIMING- The Secretaries shall establish the Evaluation Team within 90 days after the enactment of this title.

(d) DUTIES OF THE EVALUATION TEAM- The team shall be charged with the identification of inholdings within Federally designated areas, by state, and by the date upon which the lands or interests therein became inholdings. Inholdings will be identified using--

(1) the list of inholdings identified by owners pursuant to subsection (a)(2); and

(2) tracts of land identified through existing agency planning processes.

(e) REPORT- The Secretaries shall submit a report to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, and the Committee on Resources and the Committee on Appropriations of the House of Representatives on the status of their evaluations within one year after the enactment of this title, and at the end of each 180 day increment thereafter until such time as reasonable efforts to identify inholdings have been made or the program established in section 205 terminates.

(f) FUNDING- Funding to carry out this section shall be taken from operating funds of the agencies involved and shall be reimbursed from the account established under section 206.

SEC. 205. DISPOSAL OF SURPLUS PUBLIC LAND.

(a) IN GENERAL- The Secretary of the Interior (in this section, the ‘Secretary’) shall establish a program, utilizing funds available under section 207, to complete appraisals and other legal requirements for the sale or exchange of land identified for disposal under approved land use plans maintained under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and in effect on the date of enactment of this title.

(b) SALE OF PUBLIC LAND- The sale of public land so identified shall be conducted in accordance with section 203 and section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719). It is the intent of Congress that the exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) apply under this title, where the Secretary of the Interior determines it necessary and proper.

(c) REPORT IN PUBLIC LAND STATISTICS- The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities related to the program established under this section.

(d) TERMINATION OF PROGRAM- The program established by this section shall terminate ten years from the date of enactment of this title.

SEC. 206. DISTRIBUTION OF RECEIPTS.

Notwithstanding any other Act, except those specifically providing for a proportion of the proceeds to be distributed to any trust funds of any States, gross proceeds generated by the sale or exchange of public land under this title shall be deposited in a separate account in the Treasury of the United States to be known as the ‘Federal Land Disposal Account’, for use as provided under section 207.

SEC. 207. FEDERAL LAND DISPOSAL ACCOUNT.

(a) IN GENERAL- Amounts in the Federal Land Disposal Account shall be available to the Secretary of the Interior and the Secretary of Agriculture, without further act of appropriation, to carry out this title.

(b) USE OF THE FEDERAL LAND DISPOSAL ACCOUNT- Funds deposited in the Federal Land Disposal Account may be expended as follows--

(1) except as authorized under paragraph (7), proceeds from the disposal of lands under this title shall be used to purchase inholdings contained within Federally designated areas;

(2) acquisition priority shall be given to those lands which have existed as inholdings for the longest period of time, except that the Secretaries may develop criteria for priority of acquisition considering the following additional factors--

(A) limits in size or cost in order to maximize the utilization of funds among eligible inholdings; and

(B) other relevant factors including, but not limited to, the condition of title and the existence of hazardous substances;

(3) acquisition of any inholding under this section shall be on a willing seller basis contingent upon the conveyance of title acceptable to the appropriate Secretary utilizing title standards of the Attorney General;

(4) all proceeds, including interest, from the disposal of lands under section 205 shall be expended within the state in which they were generated until a reasonable effort has been made to acquire all inholdings identified by the evaluation team pursuant to section 204 within that state:

(5) upon the acquisition of all inholdings under paragraph (4), proceeds may be expended in other states, and a priority shall be established in order of those states having the greatest inventory of unacquired inholdings as of the beginning of the fiscal year in which the excess proceeds become available;

(6) the acquisition of inholdings under this section shall be at fair market value;

(7) an amount not to exceed 20 percent of the funds in the Federal Land Disposal Account shall be used for administrative and other expenses necessary to carry out the land disposal program under section 205;

(c) CONTAMINATED SITES AND SITES DIFFICULT AND UNECONOMIC TO MANAGE- Funds in the account established by section 206 shall not be used to purchase or lands or interests in lands which, as determined by the agency, contain hazardous substances or are otherwise contaminated, or which, because of their location or other characteristics, would be difficult or uneconomic to manage as Federal land.

(d) INVESTMENT OF PRINCIPAL- Funds deposited as principal in the Federal Land Disposal Account shall earn interest in the amount determined by the Secretary of the Treasury based on the current average market yield on outstanding marketable obligations of the United States of comparable maturities.

(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. 460l-4 through 460l-6a, 460l-7 through 460l-10, 460l-10a-d, 460l-11).

(f) TERMINATION- On termination of the program under section 205--

(1) the Federal Land Disposal Account shall be terminated; and

(2) any remaining balance in such account shall become available for appropriation under section 3 of the Land and Water Conservation Fund Act (16 U.S.C. 460l-6).

SEC. 208. SPECIAL PROVISIONS.

(a) IN GENERAL- Nothing in this title shall be construed as an exemption from any existing limitation on the acquisition of lands or interests therein under any Federal Law.

(b) SANTINI-BURTON ACT- The provisions of this title shall not apply to lands eligible for sale pursuant to the Santini-Burton Act (94 Stat. 3381).

(c) EXCHANGES- Nothing in this title shall be construed as precluding, pre-empting, or limiting the authority to exchange lands under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), or the Federal Land Exchange Facilitation Act of 1988 (site).

(d) RIGHT OR BENEFIT- This title is intended to provide direction regarding Federal land management. Nothing herein is intended to, or shall create 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.

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