II
Calendar No. 174
113th CONGRESS
1st Session
S. 285
[Report No. 113–96]
IN THE SENATE OF THE UNITED STATES
February 12, 2013
Mr. Udall of New Mexico (for himself and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
September 10, 2013
Reported by Mr. Wyden, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To designate the Valles Caldera National Preserve as a unit of the National Park System, and for other purposes.
Short title
This Act may be cited as the
Valles Caldera National Preserve Management
Act
.
Definitions
In this Act:
Eligible employee
The term eligible employee means a person who was a full-time or part-time employee of the Trust during the 180-day period immediately preceding the date of enactment of this Act.
Fund
The
term Fund
means the Valles Caldera Fund established by
section
106(h)(2) of the Valles Caldera Preservation Act (16 U.S.C.
698v–4(h)(2)).
Preserve
The
term Preserve
means the Valles Caldera National Preserve in the
State.
Secretary
The
term Secretary
means the Secretary of the Interior.
State
The
term State
means the State of New Mexico.
Trust
The
term Trust
means the Valles Caldera Trust established by
section
106(a) of the Valles Caldera Preservation Act (16 U.S.C. 698v–4(a)).
Valles caldera national preserve
Designation as Unit of the National Park System
To protect, preserve, and restore the fish, wildlife, watershed, natural, scientific, scenic, geologic, historic, cultural, archaeological, and recreational values of the area, the Valles Caldera National Preserve is designated as a unit of the National Park System.
Management
Applicable law
The Secretary shall administer the Preserve in accordance with—
this Act; and
the laws generally applicable to units of the National Park System, including—
the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ); and
the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. ).
Management coordination
The Secretary may coordinate the management and operations of the Preserve with the Bandelier National Monument.
Management plan
In general
Not later than 3 fiscal years after the date on which funds are made available to implement this subsection, the Secretary shall prepare a management plan for the Preserve.
Applicable law
The management plan shall be prepared in accordance with—
section 12(b)
of Public Law 91–383
(commonly known as the
National Park Service
General Authorities Act
) (
16 U.S.C. 1a–7(b)
); and
any other applicable laws.
Consultation
The management plan shall be prepared in consultation with—
the Secretary of Agriculture;
State and local governments;
Indian tribes and pueblos, including the Pueblos of Jemez, Santa Clara, and San Ildefonso; and
the public.
Acquisition of land
in general
The Secretary may acquire land and interests in land within the boundaries of the Preserve by—
purchase with donated or appropriated funds;
donation; or
transfer from another Federal agency.
Administration of acquired land
On acquisition of any land or interests in land under paragraph (1), the acquired land or interests in land shall be administered as part of the Preserve.
Science and education program
In general
The Secretary shall—
until the date on which a management plan is completed in accordance with subsection (b)(3), carry out the science and education program for the Preserve established by the Trust; and
beginning on the date on which a management plan is completed in accordance with subsection (b)(3), establish a science and education program for the Preserve that—
allows for research and interpretation of the natural, historic, cultural, geologic and other scientific features of the Preserve;
provides for improved methods of ecological restoration and science-based adaptive management of the Preserve; and
promotes outdoor educational experiences in the Preserve.
Science and education center
As part of the program established under paragraph (1)(B), the Secretary may establish a science and education center outside the boundaries of the Preserve in Jemez Springs, New Mexico.
Grazing
The
Secretary
may
shall
allow the grazing of livestock within the Preserve to
continue—
at levels and locations determined by the Secretary to be appropriate, consistent with this Act; and
to the extent the use furthers scientific research or interpretation of the ranching history of the Preserve.
Fish and wildlife
Nothing in this Act affects the responsibilities of the State with respect to fish and wildlife in the State, except that the Secretary, in consultation with the New Mexico Department of Game and Fish—
shall permit hunting and fishing on land and water within the Preserve in accordance with applicable Federal and State laws; and
may designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, the protection of wildlife and wildlife habitats, or public use and enjoyment.
Hunting, fishing, and trapping
In general
Except as provided in paragraph (2), the Secretary shall permit hunting, fishing, and trapping on land and water within the Preserve in accordance with applicable Federal and State law.
Administrative exceptions
The Secretary may designate areas in which, and establish limited periods during which, no hunting, fishing, or trapping shall be permitted under paragraph (1) for reasons of public safety, administration, or compliance with applicable law.
Agency agreement
Except in an emergency, regulations closing areas within the Preserve to hunting, fishing, or trapping under this subsection shall be made in consultation with the appropriate agency of the State having responsibility for fish and wildlife administration.
Savings Clause
Nothing in this Act affects any jurisdiction or responsibility of the State with respect to fish and wildlife in the Preserve.
Ecological Restoration
In general
The Secretary shall undertake activities to improve the health of forest, grassland, and riparian areas within the Preserve, including any activities carried out in accordance with title IV of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7301 et seq.).
Cooperative agreements
The Secretary may enter into cooperative agreements with adjacent pueblos to coordinate activities carried out under paragraph (1) on the Preserve and adjacent pueblo land.
Withdrawal
Subject to valid existing rights, all land and interests in land within the boundaries of the Preserve are withdrawn from—
entry, disposal, or appropriation under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing laws, geothermal leasing laws, and mineral materials laws.
Volcanic domes and other Peaks
In general
Except as provided in paragraph (3), for the purposes of preserving the natural, cultural, religious, archaeological, and historic resources of the volcanic domes and other peaks in the Preserve described in paragraph (2) within the area of the domes and peaks above 9,600 feet in elevation or 250 feet below the top of the dome, whichever is lower—
no roads or buildings shall be constructed; and
no motorized access shall be allowed.
Description of volcanic domes
The volcanic domes and other peaks referred to in paragraph (1) are—
Redondo Peak;
Redondito;
South Mountain;
San Antonio Mountain;
Cerro Seco;
Cerro San Luis;
Cerros Santa Rosa;
Cerros del Abrigo;
Cerro del Medio;
Rabbit Mountain;
Cerro Grande;
Cerro Toledo;
Indian Point;
Sierra de los Valles; and
Cerros de los Posos.
Exception
Paragraph (1) shall not apply in cases in which construction or motorized access is necessary for administrative purposes (including ecological restoration activities or measures required in emergencies to protect the health and safety of persons in the area).
Traditional cultural and religious sites
In general
The Secretary, in consultation with Indian tribes and pueblos, shall ensure the protection of traditional cultural and religious sites in the Preserve.
Access
The
Secretary, in accordance with
Public Law 95–341
(commonly known as the
American Indian Religious Freedom Act
) (
42 U.S.C. 1996
)—
shall provide access to the sites described in paragraph (1) by members of Indian tribes or pueblos for traditional cultural and customary uses; and
may, on request of an Indian tribe or pueblo, temporarily close to general public use 1 or more specific areas of the Preserve to protect traditional cultural and customary uses in the area by members of the Indian tribe or pueblo.
Prohibition on motorized access
The Secretary shall maintain prohibitions on the use of motorized or mechanized travel on Preserve land located adjacent to the Santa Clara Indian Reservation, to the extent the prohibition was in effect on the date of enactment of this Act.
Caldera rim trail
In general
Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, affected Indian tribes and pueblos, and the public, shall study the feasibility of establishing a hiking trail along the rim of the Valles Caldera on—
land within the Preserve; and
National Forest System land that is adjacent to the Preserve.
Agreements
On the request of an affected Indian tribe or pueblo, the Secretary and the Secretary of Agriculture shall seek to enter into an agreement with the Indian tribe or pueblo with respect to the Caldera Rim Trail that provides for the protection of—
cultural and religious sites in the vicinity of the trail; and
the privacy of adjacent pueblo land.
Valid Existing Rights
Nothing in this Act affects valid existing rights.
Transfer of administrative jurisdiction
In general
Administrative jurisdiction over the Preserve is transferred from the Secretary of Agriculture and the Trust to the Secretary, to be administered as a unit of the National Park System, in accordance with section 3.
Exclusion from santa fe national forest
The boundaries of the Santa Fe National Forest are modified to exclude the Preserve.
Interim management
Memorandum of agreement
Not later than 90 days after the date of enactment of this Act, the Secretary and the Trust shall enter into a memorandum of agreement to facilitate the orderly transfer to the Secretary of the administration of the Preserve.
Existing management plans
Notwithstanding the repeal made by section 5(a), until the date on which the Secretary completes a management plan for the Preserve in accordance with section 3(b)(3), the Secretary may administer the Preserve in accordance with any management activities or plans adopted by the Trust under the Valles Caldera Preservation Act (16 U.S.C. 698v et seq.), to the extent the activities or plans are consistent with section 3(b)(1).
Public use
The Preserve shall remain open to public use during the interim management period, subject to such terms and conditions as the Secretary determines to be appropriate.
Valles caldera trust
Termination
The Trust shall terminate 180 days after the date of enactment of this Act unless the Secretary determines that the termination date should be extended to facilitate the transitional management of the Preserve.
Assets and liabilities
Assets
On termination of the Trust—
all assets of the Trust shall be transferred to the Secretary; and
any amounts appropriated for the Trust shall remain available to the Secretary for the administration of the Preserve.
Assumption of obligations
In general
On termination of the Trust, the Secretary shall assume all contracts, obligations, and other liabilities of the Trust.
New liabilities
Budget
Not later than 90 days after the date of enactment of this Act, the Secretary and the Trust shall prepare a budget for the interim management of the Preserve.
Written concurrence required
The Trust shall not incur any new liabilities not authorized in the budget prepared under subclause (I) without the written concurrence of the Secretary.
Personnel
Hiring
The Secretary and the Secretary of Agriculture may hire employees of the Trust on a noncompetitive basis for comparable positions at the Preserve or other areas or offices under the jurisdiction of the Secretary or the Secretary of Agriculture.
Salary
Any employees hired from the Trust under subparagraph (A) shall be subject 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.
Interim retention of eligible employees
For a period of not less than 180 days beginning on the date of enactment of this Act, all eligible employees of the Trust shall be—
retained in the employment of the Trust;
considered to be placed on detail to the Secretary; and
subject to the direction of the Secretary.
Termination for cause
Nothing in this paragraph precludes the termination of employment of an eligible employee for cause during the period described in subparagraph (C).
Records
The Secretary shall have access to all records of the Trust pertaining to the management of the Preserve.
Valles caldera fund
In general
Effective on the date of enactment of this Act, the Secretary shall assume the powers of the Trust over the Fund.
Availability and use
Any amounts in the Fund as of the date of enactment of this Act shall be available to the Secretary for use, without further appropriation, for the management of the Preserve.
Repeal of valles caldera preservation act
Repeal
On the termination of the Trust, the Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) is repealed.
Effect of repeal
Notwithstanding the repeal made by subsection (a)—
the authority of the Secretary of Agriculture to acquire mineral interests under section 104(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v–2(e)) is transferred to the Secretary and any proceeding for the condemnation of, or payment of compensation for, an outstanding mineral interest pursuant to the transferred authority shall continue;
the provisions in section 104(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v–2(g)) relating to the Pueblo of Santa Clara shall remain in effect; and
the Fund shall not be terminated until all amounts in the Fund have been expended by the Secretary.
Boundaries
The repeal of the Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) shall not affect the boundaries as of the date of enactment of this Act (including maps and legal descriptions) of—
the Preserve;
the Santa Fe National Forest (other than the modification made by section 4(b));
Bandelier National Monument; and
any land conveyed to the Pueblo of Santa Clara.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act .
September 10, 2013
Reported with amendments
