Short title

This Act may be cited as the

Valles Caldera Preservation Act of 2005

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,.

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.

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.