[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 212 Enrolled Bill (ENR)]


        S.212

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Valles Caldera Preservation Act of 
2005''.

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

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.