[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2621 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2621

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 10 (legislative day, October 2), 1998

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
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 this section 104(a).
            (2) Board of trustees.--The terms ``Board of Trustees'' and 
        ``Board'' mean the Board of Trustees as describe 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 to 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 prevails.--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, in 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 of 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 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.

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 programing;
                            (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 
        President--
                    (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 of the trustees first appointed, 4 
        shall serve for 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 activites 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 get guidelines for 
        determining reasonable fees, terms, and condition 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 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 or provide 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 
        systems 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 in holdings 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 last 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 waived 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 inholdings 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 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.--The 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.
                                 <all>