[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3452 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3452

  To designate the Valles Caldera National Preserve as a unit of the 
             National Park System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 27 (legislative day, May 26), 2010

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

_______________________________________________________________________

                                 A BILL


 
  To designate the Valles Caldera National Preserve as a unit of the 
             National Park System, 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 National Preserve 
Management Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible employee.--The term ``eligible employee'' 
        means a person that, on the date of enactment of this Act, was 
        a full-time or part-time annual employee of the Trust.
            (2) Fund.--The term ``Fund'' means the Valles Caldera Fund 
        established by section 106(h)(2) of the Valles Caldera 
        Preservation Act (16 U.S.C. 698v-4(h)(2)).
            (3) Preserve.--The term ``Preserve'' means the Valles 
        Caldera National Preserve in the State.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of New 
        Mexico.
            (6) Trust.--The term ``Trust'' means the Valles Caldera 
        Trust established by section 106(a) of the Valles Caldera 
        Preservation Act (16 U.S.C. 698v-4(a)).

SEC. 3. VALLES CALDERA NATIONAL PRESERVE.

    (a) Designation as Unit of the National Park System.--To protect 
and preserve the fish, wildlife, watershed, natural, scientific, 
scenic, geologic, historic, cultural, archeological, and recreational 
values of the area, the Valles Caldera National Preserve is designated 
as a unit of the National Park System.
    (b) Management.--
            (1) Applicable law.--The Secretary shall administer the 
        Preserve in accordance with--
                    (A) this Act; and
                    (B) the laws generally applicable to units of the 
                National Park System, including--
                            (i) the National Park Service Organic Act 
                        (16 U.S.C. 1 et seq.); and
                            (ii) the Act of August 21, 1935 (16 U.S.C. 
                        461 et seq.).
            (2) Interim management.--
                    (A) In general.--Beginning on the date of enactment 
                of this Act, the Secretary shall have sole management 
                responsibility for the Preserve.
                    (B) Memorandum of agreement.--Not later than 30 
                days after the date of enactment of this Act, the 
                Secretary and the Trust shall enter into a memorandum 
                of agreement to facilitate the orderly transfer to the 
                Secretary of the administration of the Preserve.
                    (C) Existing management plans.--Notwithstanding the 
                repeal made by section 5(a), until the date on which 
                the Secretary completes a management plan for the 
                Preserve in accordance with paragraph (4), the 
                Secretary may administer the Preserve in accordance 
                with any management activities or plans adopted by the 
                Trust under the Valles Caldera Preservation Act (16 
                U.S.C. 698v et seq.), to the extent the activities or 
                plans are consistent with paragraph (1).
            (3) Management coordination.--To the maximum extent 
        practicable, the Secretary shall coordinate the management and 
        operations of the Preserve with the Bandelier National 
        Monument.
            (4) Management plan.--
                    (A) In general.--Not later than 3 fiscal years 
                after the date on which funds are made available to 
                implement this subsection, the Secretary shall prepare 
                a management plan for the Preserve.
                    (B) Applicable law.--The management plan shall be 
                prepared in accordance with--
                            (i) section 12(b) of Public Law 91-383 
                        (commonly known as the ``National Park Service 
                        General Authorities Act'') (16 U.S.C. 1a-7(b)); 
                        and
                            (ii) any other applicable laws.
                    (C) Consultation.--The management plan shall be 
                prepared in consultation with--
                            (i) State and local governments;
                            (ii) Indian tribes and pueblos, including 
                        the Pueblos of Jemez, Santa Clara, and San 
                        Ildefonso; and
                            (iii) the public.
    (c) Acquisition of Land.--
            (1) In general.--The Secretary may acquire land and 
        interests in land within the boundaries of the Preserve by--
                    (A) purchase with donated or appropriated funds;
                    (B) donation; or
                    (C) transfer from another Federal agency.
            (2) Administration of acquired land.--On acquisition of any 
        land or interests in land under paragraph (1), the acquired 
        land or interests in land shall be administered as part of the 
        Preserve.
    (d) Science and Education Program.--
            (1) In general.--The Secretary shall--
                    (A) until the date on which a management plan is 
                completed in accordance with subsection (b)(4), carry 
                out the science and education program for the Preserve 
                established by the Trust; and
                    (B) establish a science and education program for 
                the Preserve that--
                            (i) shall be carried out by the Secretary 
                        beginning on the date on which a management 
                        plan is completed in accordance with subsection 
                        (b)(3);
                            (ii) allows for research and interpretation 
                        of the nationally significant geologic and 
                        other scientific features of the Preserve; and
                            (iii) provides for improved methods of 
                        ecological restoration and science-based 
                        adaptive management of the Preserve.
            (2) Science and education center.--The Secretary may 
        establish a science and education center outside the boundaries 
        of the Preserve to promote research and education of the 
        natural and cultural resources of the Preserve.
    (e) Grazing.--The Secretary may allow the grazing of livestock 
within the Preserve to continue, consistent with this Act--
            (1) in areas of the Preserve in which grazing was permitted 
        during the grazing season preceding the date of enactment of 
        this Act; and
            (2) to the extent the use furthers scientific research or 
        interpretation of the ranching history of the Preserve.
    (f) Fish and Wildlife.--
            (1) In general.--The Secretary shall permit hunting and 
        fishing on land and waters within the Preserve in accordance 
        with applicable Federal and State laws, except that the 
        Secretary may, in consultation with the New Mexico Department 
        of Game and Fish, designate zones in which, and establish 
        periods during which, no hunting or fishing shall be permitted 
        for reasons of public safety, administration, the protection of 
        wildlife and wildlife habitats, or public use and enjoyment.
            (2) State authority.--Nothing in this Act affects the 
        responsibilities of the State with respect to fish and wildlife 
        in the State.
    (g) Withdrawal.--Subject to valid existing rights, all land and 
interests in land within the boundaries of the Preserve are withdrawn 
from--
            (1) entry, disposal, or appropriation under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing laws, geothermal 
        leasing laws, and mineral materials laws.
    (h) Volcanic Domes and Other Peaks.--
            (1) In general.--For the purposes of preserving the 
        natural, cultural, religious, and historic resources of the 
        volcanic domes and other peaks in the Preserve described in 
        paragraph (2) and except as provided in paragraph (3), within 
        the area of the domes and peaks above 9,250 feet in elevation--
                    (A) no roads or facilities shall be constructed; 
                and
                    (B) no motorized access shall be allowed.
            (2) Description of volcanic domes.--The volcanic domes and 
        other peaks referred to in paragraph (1) are--
                    (A) Redondo Peak;
                    (B) Redondito;
                    (C) South Mountain;
                    (D) San Antonio Mountain;
                    (E) Cerro Seco;
                    (F) Cerro San Luis;
                    (G) Cerros Santa Rosa;
                    (H) Cerros del Abrigo;
                    (I) Cerro del Medio;
                    (J) Rabbit Mountain;
                    (K) Cerro Grande;
                    (L) Cerro Toledo;
                    (M) Sierra de los Valles; and
                    (N) Cerros de los Posos.
            (3) Exception.--Paragraph (1) shall not apply in cases in 
        which the construction or motorized access is necessary for 
        administrative purposes (including measures required in 
        emergencies to protect the health and safety of persons in the 
        area).
    (i) Traditional Cultural and Religious Sites.--
            (1) In general.--The Secretary, in consultation with Indian 
        tribes and pueblos, shall--
                    (A) ensure the protection of traditional cultural 
                and religious sites in the Preserve; and
                    (B) provide access to the sites described in 
                subparagraph (A) by members of Indian tribes or pueblos 
                for traditional cultural and customary uses, in 
                accordance with Public Law 95-341 (commonly known as 
                the ``American Indian Religious Freedom Act'') (42 
                U.S.C. 1996).
    (j) Temporary Closures.--In accordance with Public Law 95-341 
(commonly known as the ``American Indian Religious Freedom Act'') (42 
U.S.C. 1996), the Secretary, on request of an Indian tribe or pueblo, 
may temporarily close to general public use 1 or more specific areas of 
the Preserve to protect traditional cultural and customary uses in the 
area by members of the Indian tribe or pueblo.
    (k) Caldera Rim Trail.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary and the Secretary of 
        Agriculture, in consultation with Indian tribes, pueblos, and 
        the public, shall study the feasibility of establishing a 
        hiking trail along the rim of the Valles Caldera on--
                    (A) land within the Preserve; and
                    (B) National Forest System land that is adjacent to 
                the Preserve.
            (2) Santa clara pueblo.--On request of Santa Clara Pueblo, 
        the Secretary and the Secretary of Agriculture shall seek to 
        enter into an agreement with the Santa Clara Pueblo with 
        respect to the Caldera Rim Trail that provides for the 
        protection of the privacy of the Pueblo with respect to, and 
        the continuity of, traditional cultural and religious 
        activities on the Santa Clara Indian Reservation.
            (3) Prohibition on motorized access.--The Secretary shall 
        maintain prohibitions on the use of motorized or mechanized 
        travel on Preserve land located adjacent to the Santa Clara 
        Indian Reservation, to the extent the prohibition was in effect 
        on the date of enactment of this Act.

SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.

    (a) In General.--Administrative jurisdiction over the Preserve is 
transferred from the Secretary of Agriculture and the Trust to the 
Secretary, to be administered as a unit of the National Park System, in 
accordance with section 3.
    (b) Exclusion From Santa Fe National Forest.--The boundaries of the 
Santa Fe National Forest are modified to exclude the Preserve.
    (c) Valles Caldera Trust.--
            (1) Termination.--The Trust shall terminate 180 days after 
        the date of enactment of this Act unless the Secretary 
        determines that the termination date should be extended to 
        facilitate the transitional management of the Preserve.
            (2) Assets and liabilities.--
                    (A) Assets.--On termination of the Trust, all 
                assets of the Trust shall be transferred to the 
                Secretary.
                    (B) Liabilities.--
                            (i) In general.--On termination of the 
                        Trust, the Secretary shall assume all 
                        liabilities of the Trust.
                            (ii) New liabilities.--
                                    (I) Budget.--Not later than 30 days 
                                after the date of enactment of this 
                                Act, the Secretary and the Trust shall 
                                prepare a budget for the interim 
                                management of the Preserve.
                                    (II) Written concurrence 
                                required.--The Trust shall not incur 
                                any new liabilities not authorized in 
                                the budget prepared under subclause (I) 
                                without the written concurrence of the 
                                Secretary.
            (3) Personnel.--
                    (A) Hiring.--The Secretary and the Secretary of 
                Agriculture may hire employees of the Trust on a 
                noncompetitive basis for comparable positions at the 
                Preserve or other units of the National Park System or 
                National Forest System in the State.
                    (B) Salary.--Any employees hired from the Trust 
                under subparagraph (A) shall be subject to the 
                provisions of chapter 51, and subchapter III of chapter 
                53, title 5, United States Code, relating to 
                classification and General Schedule pay rates.
                    (C) Interim retention of eligible employees.--For a 
                period of not less than 180 days beginning on the date 
                of enactment of this Act, all eligible employees of the 
                Trust shall be--
                            (i) retained in the employment of the 
                        Trust;
                            (ii) considered to be placed on detail to 
                        the Secretary; and
                            (iii) subject to the direction of the 
                        Secretary.
                    (D) Termination for cause.--Nothing in this 
                paragraph precludes the termination of employment of an 
                eligible employee for cause during the period described 
                in subparagraph (C).
            (4) Records.--The Secretary shall have access to all 
        records of the Trust pertaining to the management of the 
        Preserve.
            (5) Valles caldera fund.--
                    (A) In general.--Effective on the date of enactment 
                of this Act, the Secretary shall assume the powers of 
                the Trust over the Fund.
                    (B) Availability and use.--Any amounts in the Fund 
                as of the date of enactment of this Act shall be 
                available to the Secretary for use, without further 
                appropriation, for the management of the Preserve.

SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT.

    (a) Repeal.--On the termination of the Trust, the Valles Caldera 
Preservation Act (16 U.S.C. 698v et seq.) is repealed.
    (b) Effect on Fund.--Notwithstanding the repeal made by subsection 
(a), the Fund shall not be terminated until all amounts in the Fund 
have been expended by the Secretary.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>