[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1582 Reported in Senate (RS)]






                                                       Calendar No. 524
108th CONGRESS
  2d Session
                                S. 1582

                          [Report No. 108-269]

      To amend the Valles Caldera Preservation Act to improve the 
      preservation of the Valles Caldera, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 4, 2003

 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

                              May 20, 2004

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
      To amend the Valles Caldera Preservation Act to improve the 
      preservation of the Valles Caldera, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Valles Caldera Preservation 
Act of 2003''.</DELETED>

<DELETED>SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION 
              ACT.</DELETED>

<DELETED>    (a) Trust Employment.--Section 106(d) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(d)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``The Trust'' and 
                inserting the following:</DELETED>
                <DELETED>    ``(A) Appointment.--The Trust'';</DELETED>
                <DELETED>    (B) by inserting after the first sentence 
                the following:</DELETED>
                <DELETED>    ``(B) Contract or employment agreement.--
                Employees of the Trust may be employed under an 
                employment agreement, the terms and conditions of which 
                shall be determined by the Trust subject to this 
                subsection.''; and</DELETED>
                <DELETED>    (C) by striking ``No employee'' and 
                inserting the following:</DELETED>
                <DELETED>    ``(C) Maximum compensation.--No 
                employee''; and</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking 
                ``shall'' each place it appears and inserting ``may''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(C) Eligibility for competitive 
                service.--</DELETED>
                        <DELETED>    ``(i) In general.--An employee of 
                        the Trust shall not be precluded from 
                        consideration for a position in the competitive 
                        service that is open to other Federal 
                        employees.</DELETED>
                        <DELETED>    ``(ii) Classification and pay 
                        rate.--In considering an employee of the Trust 
                        for a position in the competitive service under 
                        clause (i), the employing agency shall consider 
                        a position with the Trust to be comparable in 
                        classification and General Schedule pay rates 
                        to a similar position in the competitive 
                        service.''.</DELETED>
<DELETED>    (b) Obligations and Expenditures.--Section 106(e) of the 
Valles Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by 
adding at the end the following:</DELETED>
        <DELETED>    ``(4) Obligations and expenditures.--Subject to 
        the laws applicable to Government corporations, the Trust shall 
        determine--</DELETED>
                <DELETED>    ``(A) the character of, and the necessity 
                for, any obligations and expenditures of the Trust; 
                and</DELETED>
                <DELETED>    ``(B) the manner in which obligations and 
                expenditures shall be incurred, allowed, and 
                paid.''.</DELETED>
<DELETED>    (c) Solicitation of Donations.--Section 106(g) of the 
Valles Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by 
striking ``The Trust may solicit'' and inserting ``The members of the 
Board of Trustees and any employees of the Trust designated by the 
Board of Trustees may solicit''.</DELETED>
<DELETED>    (d) Use of Proceeds.--Section 106(h)(1) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by 
striking ``subsection (g)'' and inserting ``subsection (g), from 
claims, judgments, or settlements arising from activities occurring on 
the Baca Ranch or the Preserve after October 27, 1999,''.</DELETED>
<DELETED>    (e) Claims and Judgments.--Section 106(j) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(j)) is amended--</DELETED>
        <DELETED>    (1) in the first sentence, by striking ``The 
        Trust'' and inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--The Trust''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Permanent judgment appropriation.--During 
        any fiscal year in which funds have been appropriated to the 
        Trust or the Secretary to carry out this title, the Trust shall 
        not be precluded from using the permanent judgment 
        appropriation under section 1304 of title 31, United States 
        Code, for a claim, judgment, or settlement against the Trust or 
        the Secretary in the name of the United States.''.</DELETED>

<DELETED>SEC. 3. BOARD OF TRUSTEES.</DELETED>

<DELETED>    Section 107(e) of the Valles Caldera Preservation Act 
(U.S.C. 698v-5(e)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``Trustees'' and 
        inserting ``Except as provided in paragraph (3), Trustees''; 
        and</DELETED>
        <DELETED>    (2) in paragraph (3)--</DELETED>
                <DELETED>    (A) by striking ``Trustees'' and inserting 
                the following:</DELETED>
                <DELETED>    ``(A) Selection.--Trustees''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(B) Compensation.--On request of the 
                chair, the chair may be compensated at a rate 
                determined by the Board of Trustees, but not to exceed 
                the daily equivalent of the annual rate of pay for 
                level IV of the Executive Schedule under section 5315 
                of title 5, United States Code, for each day (including 
                travel time) in which the chair is engaged in the 
                performance of duties of the Board of 
                Trustees.</DELETED>
                <DELETED>    ``(C) Maximum rate of pay.--The total 
                amount of compensation paid to the chair for a fiscal 
                year under subparagraph (B) shall not exceed 25 percent 
                of the annual rate of pay for level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.''.</DELETED>

<DELETED>SEC. 4. RESOURCE MANAGEMENT.</DELETED>

<DELETED>    (a) Property Disposal Limitations.--Section 108(c)(3) of 
the Valles Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is 
amended--</DELETED>
        <DELETED>    (1) in the first sentence, by striking ``The Trust 
        may not dispose'' and inserting the following:</DELETED>
                <DELETED>    ``(A) In general.--The Trust may not 
                dispose'';</DELETED>
        <DELETED>    (2) in the second sentence, by striking ``The 
        Trust'' and inserting the following:</DELETED>
                <DELETED>    ``(B) Maximum duration.--The 
                Trust'';</DELETED>
        <DELETED>    (3) in the last sentence, by striking ``Any such'' 
        and inserting the following:</DELETED>
                <DELETED>    ``(C) Termination.--The''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
                <DELETED>    ``(D) Exclusions.--For the purposes of 
                this paragraph, the disposal of real property does not 
                include the sale or other disposal of forage, forest 
                products, or marketable renewable 
                resources.''.</DELETED>
<DELETED>    (b) Law Enforcement and Fire Management.--Section 108(g) 
of the Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is 
amended--</DELETED>
        <DELETED>    (1) in the first sentence, by striking ``The 
        Secretary'' and inserting the following:</DELETED>
        <DELETED>    ``(1) Law enforcement.--The Secretary'';</DELETED>
        <DELETED>    (2) in the second sentence, by striking ``The 
        Trust'' and inserting the following:</DELETED>
                <DELETED>    ``(B) Federal agency.--The Trust''; 
                and</DELETED>
        <DELETED>    (3) by striking ``At the request of the Trust'' 
        and all that follows through the end of the paragraph and 
        inserting the following:</DELETED>
        <DELETED>    ``(2) Fire management.--To the extent generally 
        authorized at other units of the National Forest System, the 
        Secretary shall provide, under a cooperative agreement entered 
        into between the Secretary and the Trust--</DELETED>
                <DELETED>    ``(A) fire suppression and rehabilitation 
                services; and</DELETED>
                <DELETED>    ``(B) wildland fire severity funding for 
                extraordinary fire preparedness.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Valles Caldera Preservation Act of 
2004''.

SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

    (a) Acquisition of Outstanding Mineral Interests.--Section 104(e) 
of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is 
amended--
            (1) by striking ``The acquisition'' and inserting the 
        following:
            ``(1) In general.--The acquisition'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
            ``(2) Acquisition.--The Secretary'';
            (3) by striking ``on a willing seller basis'';
            (4) by striking ``Any such'' and inserting the following:
            ``(3) Administration.--Any such''; and
            (5) by adding at the end the following:
            ``(4) Available funds.--Any such interests shall be 
        acquired with available funds.
            ``(5) Declaration of taking.--
                    ``(A) In general.--If negotiations to acquire the 
                interests are unsuccessful by the date that is 60 days 
                after the date of enactment of this paragraph, the 
                Secretary shall acquire the interests pursuant to 
                section 3114 of title 40, United States Code.
                    ``(B) Source of funds.--Any difference between the 
                sum of money estimated to be just compensation by the 
                Secretary and the amount awarded shall be paid from the 
                permanent judgment appropriation under section 1304 of 
                title 31, United States Code.''.
    (b) Obligations and Expenditures.--Section 106(e) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by adding at 
the end the following:
            ``(4) Obligations and expenditures.--Subject to the laws 
        applicable to Government corporations, the Trust shall 
        determine--
                    ``(A) the character of, and the necessity for, any 
                obligations and expenditures of the Trust; and
                    ``(B) the manner in which obligations and 
                expenditures shall be incurred, allowed, and paid.''.
    (c) Solicitation of Donations.--Section 106(g) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by striking 
``The Trust may solicit'' and inserting ``The members of the Board of 
Trustees, the executive director, and 1 additional employee of the 
Trust in an executive position designated by the Board of Trustees or 
the executive director may solicit''.
    (d) Use of Proceeds.--Section 106(h)(1) of the Valles Caldera 
Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by striking 
``subsection (g)'' and inserting ``subsection (g), from claims, 
judgments, or settlements arising from activities occurring on the Baca 
Ranch or the Preserve after October 27, 1999,''.

SEC. 3. BOARD OF TRUSTEES.

    Section 107(e) of the Valles Caldera Preservation Act (U.S.C. 698v-
5(e)) is amended--
            (1) in paragraph (2), by striking ``Trustees'' and 
        inserting ``Except as provided in paragraph (3), trustees''; 
        and
            (2) in paragraph (3)--
                    (A) by striking ``Trustees'' and inserting the 
                following:
                    ``(A) Selection.--Trustees''; and
                    (B) by adding at the end the following:
                    ``(B) Compensation.--On request of the chair, the 
                chair may be compensated at a rate determined by the 
                Board of Trustees, but not to exceed the daily 
                equivalent of the annual rate of pay for level IV of 
                the Executive Schedule under section 5315 of title 5, 
                United States Code, for each day (including travel 
                time) in which the chair is engaged in the performance 
                of duties of the Board of Trustees.
                    ``(C) Maximum rate of pay.--The total amount of 
                compensation paid to the chair for a fiscal year under 
                subparagraph (B) shall not exceed 25 percent of the 
                annual rate of pay for level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.''.

SEC. 4. RESOURCE MANAGEMENT.

    (a) Property Disposal Limitations.--Section 108(c)(3) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is amended--
            (1) in the first sentence, by striking ``The Trust may not 
        dispose'' and inserting the following:
                    ``(A) In general.--The Trust may not dispose'';
            (2) in the second sentence, by striking ``The Trust'' and 
        inserting the following:
                    ``(B) Maximum duration.--The Trust'';
            (3) in the last sentence, by striking ``Any such'' and 
        inserting the following:
                    ``(C) Termination.--The''; and
            (4) by adding at the end the following:
                    ``(D) Exclusions.--For the purposes of this 
                paragraph, the disposal of real property does not 
                include the sale or other disposal of forage, forest 
                products, or marketable renewable resources.''.
    (b) Law Enforcement and Fire Management.--Section 108(g) of the 
Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is amended--
            (1) in the first sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(1) Law enforcement.--
                    ``(A) In general.--The Secretary'';
            (2) in the second sentence, by striking ``The Trust'' and 
        inserting the following:
                    ``(B) Federal agency.--The Trust''; and
            (3) by striking ``At the request of the Trust'' and all 
        that follows through the end of the paragraph and inserting the 
        following:
            ``(2) Fire management.--
                    ``(A) Non-reimbursable services.--
                            ``(i) Development of plan.--The Secretary 
                        shall, in consultation with the Trust, develop 
                        a plan to carry out fire preparedness, 
                        suppression, and emergency rehabilitation 
                        services on the Preserve.
                            ``(ii) Consistency with management 
                        program.--The plan shall be consistent with the 
                        management program developed pursuant to 
                        subsection (d).
                            ``(iii) Cooperative agreement.--To the 
                        extent generally authorized at other units of 
                        the National Forest System, the Secretary shall 
                        provide the services to be carried out pursuant 
                        to the plan under a cooperative agreement 
                        entered into between the Secretary and the 
                        Trust.
                    ``(B) Reimbursable services.--To the extent 
                generally authorized at other units of the National 
                Forest System, the Secretary may provide presuppression 
                and nonemergency rehabilitation and restoration 
                services for the Trust at any time on a reimbursable 
                basis.''.




                                                       Calendar No. 524

108th CONGRESS

  2d Session

                                S. 1582

                          [Report No. 108-269]

_______________________________________________________________________

                                 A BILL

      To amend the Valles Caldera Preservation Act to improve the 
      preservation of the Valles Caldera, and for other purposes.

_______________________________________________________________________

                              May 20, 2004

                       Reported with an amendment