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

                                                       Calendar No. 607
111th CONGRESS
  2d Session
                                S. 3452

                          [Report No. 111-321]

  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

                           September 27, 2010

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Valles Caldera National 
Preserve Management Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (3) Preserve.--The term ``Preserve'' means the 
        Valles Caldera National Preserve in the State.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means the State of 
        New Mexico.</DELETED>
        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 3. VALLES CALDERA NATIONAL PRESERVE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Management.--</DELETED>
        <DELETED>    (1) Applicable law.--The Secretary shall 
        administer the Preserve in accordance with--</DELETED>
                <DELETED>    (A) this Act; and</DELETED>
                <DELETED>    (B) the laws generally applicable to units 
                of the National Park System, including--</DELETED>
                        <DELETED>    (i) the National Park Service 
                        Organic Act (16 U.S.C. 1 et seq.); 
                        and</DELETED>
                        <DELETED>    (ii) the Act of August 21, 1935 
                        (16 U.S.C. 461 et seq.).</DELETED>
        <DELETED>    (2) Interim management.--</DELETED>
                <DELETED>    (A) In general.--Beginning on the date of 
                enactment of this Act, the Secretary shall have sole 
                management responsibility for the Preserve.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (3) Management coordination.--To the maximum 
        extent practicable, the Secretary shall coordinate the 
        management and operations of the Preserve with the Bandelier 
        National Monument.</DELETED>
        <DELETED>    (4) Management plan.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Applicable law.--The management plan 
                shall be prepared in accordance with--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) any other applicable 
                        laws.</DELETED>
                <DELETED>    (C) Consultation.--The management plan 
                shall be prepared in consultation with--</DELETED>
                        <DELETED>    (i) State and local 
                        governments;</DELETED>
                        <DELETED>    (ii) Indian tribes and pueblos, 
                        including the Pueblos of Jemez, Santa Clara, 
                        and San Ildefonso; and</DELETED>
                        <DELETED>    (iii) the public.</DELETED>
<DELETED>    (c) Acquisition of Land.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may acquire land 
        and interests in land within the boundaries of the Preserve 
        by--</DELETED>
                <DELETED>    (A) purchase with donated or appropriated 
                funds;</DELETED>
                <DELETED>    (B) donation; or</DELETED>
                <DELETED>    (C) transfer from another Federal 
                agency.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Science and Education Program.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) establish a science and education 
                program for the Preserve that--</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (ii) allows for research and 
                        interpretation of the nationally significant 
                        geologic and other scientific features of the 
                        Preserve; and</DELETED>
                        <DELETED>    (iii) provides for improved 
                        methods of ecological restoration and science-
                        based adaptive management of the 
                        Preserve.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Grazing.--The Secretary may allow the grazing of 
livestock within the Preserve to continue, consistent with this Act--
</DELETED>
        <DELETED>    (1) in areas of the Preserve in which grazing was 
        permitted during the grazing season preceding the date of 
        enactment of this Act; and</DELETED>
        <DELETED>    (2) to the extent the use furthers scientific 
        research or interpretation of the ranching history of the 
        Preserve.</DELETED>
<DELETED>    (f) Fish and Wildlife.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) State authority.--Nothing in this Act affects 
        the responsibilities of the State with respect to fish and 
        wildlife in the State.</DELETED>
<DELETED>    (g) Withdrawal.--Subject to valid existing rights, all 
land and interests in land within the boundaries of the Preserve are 
withdrawn from--</DELETED>
        <DELETED>    (1) entry, disposal, or appropriation under the 
        public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) operation of the mineral leasing laws, 
        geothermal leasing laws, and mineral materials laws.</DELETED>
<DELETED>    (h) Volcanic Domes and Other Peaks.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) no roads or facilities shall be 
                constructed; and</DELETED>
                <DELETED>    (B) no motorized access shall be 
                allowed.</DELETED>
        <DELETED>    (2) Description of volcanic domes.--The volcanic 
        domes and other peaks referred to in paragraph (1) are--
        </DELETED>
                <DELETED>    (A) Redondo Peak;</DELETED>
                <DELETED>    (B) Redondito;</DELETED>
                <DELETED>    (C) South Mountain;</DELETED>
                <DELETED>    (D) San Antonio Mountain;</DELETED>
                <DELETED>    (E) Cerro Seco;</DELETED>
                <DELETED>    (F) Cerro San Luis;</DELETED>
                <DELETED>    (G) Cerros Santa Rosa;</DELETED>
                <DELETED>    (H) Cerros del Abrigo;</DELETED>
                <DELETED>    (I) Cerro del Medio;</DELETED>
                <DELETED>    (J) Rabbit Mountain;</DELETED>
                <DELETED>    (K) Cerro Grande;</DELETED>
                <DELETED>    (L) Cerro Toledo;</DELETED>
                <DELETED>    (M) Sierra de los Valles; and</DELETED>
                <DELETED>    (N) Cerros de los Posos.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (i) Traditional Cultural and Religious Sites.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in consultation 
        with Indian tribes and pueblos, shall--</DELETED>
                <DELETED>    (A) ensure the protection of traditional 
                cultural and religious sites in the Preserve; 
                and</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (k) Caldera Rim Trail.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) land within the Preserve; 
                and</DELETED>
                <DELETED>    (B) National Forest System land that is 
                adjacent to the Preserve.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Exclusion From Santa Fe National Forest.--The 
boundaries of the Santa Fe National Forest are modified to exclude the 
Preserve.</DELETED>
<DELETED>    (c) Valles Caldera Trust.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Assets and liabilities.--</DELETED>
                <DELETED>    (A) Assets.--On termination of the Trust, 
                all assets of the Trust shall be transferred to the 
                Secretary.</DELETED>
                <DELETED>    (B) Liabilities.--</DELETED>
                        <DELETED>    (i) In general.--On termination of 
                        the Trust, the Secretary shall assume all 
                        liabilities of the Trust.</DELETED>
                        <DELETED>    (ii) New liabilities.--</DELETED>
                                <DELETED>    (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.</DELETED>
                                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Personnel.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) retained in the employment of 
                        the Trust;</DELETED>
                        <DELETED>    (ii) considered to be placed on 
                        detail to the Secretary; and</DELETED>
                        <DELETED>    (iii) subject to the direction of 
                        the Secretary.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (4) Records.--The Secretary shall have access to 
        all records of the Trust pertaining to the management of the 
        Preserve.</DELETED>
        <DELETED>    (5) Valles caldera fund.--</DELETED>
                <DELETED>    (A) In general.--Effective on the date of 
                enactment of this Act, the Secretary shall assume the 
                powers of the Trust over the Fund.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT.</DELETED>

<DELETED>    (a) Repeal.--On the termination of the Trust, the Valles 
Caldera Preservation Act (16 U.S.C. 698v et seq.) is 
repealed.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

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 who was a full-time or part-time employee of the 
        Trust during the 180-day period immediately preceding the date 
        of enactment of this Act.
            (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, 
preserve, and restore the fish, wildlife, watershed, natural, 
scientific, scenic, geologic, historic, cultural, archaeological, 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) Management coordination.--The Secretary may coordinate 
        the management and operations of the Preserve with the 
        Bandelier National Monument.
            (3) 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) the Secretary of Agriculture;
                            (ii) State and local governments;
                            (iii) Indian tribes and pueblos, including 
                        the Pueblos of Jemez, Santa Clara, and San 
                        Ildefonso; and
                            (iv) 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)(3), carry 
                out the science and education program for the Preserve 
                established by the Trust; and
                    (B) beginning on the date on which a management 
                plan is completed in accordance with subsection (b)(3), 
                establish a science and education program for the 
                Preserve that--
                            (i) allows for research and interpretation 
                        of the natural, historic, cultural, geologic 
                        and other scientific features of the Preserve;
                            (ii) provides for improved methods of 
                        ecological restoration and science-based 
                        adaptive management of the Preserve; and
                            (iii) promotes outdoor educational 
                        experiences in the Preserve.
            (2) Science and education center.--As part of the program 
        established under paragraph (1)(B), the Secretary may establish 
        a science and education center outside the boundaries of the 
        Preserve.
    (e) Grazing.--The Secretary may allow the grazing of livestock 
within the Preserve to continue--
            (1) consistent with 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.--Nothing in this Act affects the 
responsibilities of the State with respect to fish and wildlife in the 
State, except that the Secretary, in consultation with the New Mexico 
Department of Game and Fish--
            (1) shall permit hunting and fishing on land and water 
        within the Preserve in accordance with applicable Federal and 
        State laws; and
            (2) may 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.
    (g) Ecological Restoration.--
            (1) In general.--The Secretary shall undertake activities 
        to improve the health of forest, grassland, and riparian areas 
        within the Preserve, including any activities carried out in 
        accordance with title IV of the Omnibus Public Land Management 
        Act of 2009 (16 U.S.C. 7301 et seq.).
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with adjacent pueblos to coordinate 
        activities carried out under paragraph (1) on the Preserve and 
        adjacent pueblo land.
    (h) 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.
    (i) Volcanic Domes and Other Peaks.--
            (1) In general.--Except as provided in paragraph (3), for 
        the purposes of preserving the natural, cultural, religious, 
        archaeological, and historic resources of the volcanic domes 
        and other peaks in the Preserve described in paragraph (2) 
        within the area of the domes and peaks above 9,600 feet in 
        elevation or 250 feet below the top of the dome, whichever is 
        lower--
                    (A) no roads or buildings 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) Indian Point;
                    (N) Sierra de los Valles; and
                    (O) Cerros de los Posos.
            (3) Exception.--Paragraph (1) shall not apply in cases in 
        which construction or motorized access is necessary for 
        administrative purposes (including ecological restoration 
        activities or measures required in emergencies to protect the 
        health and safety of persons in the area).
    (j) Traditional Cultural and Religious Sites.--
            (1) In general.--The Secretary, in consultation with Indian 
        tribes and pueblos, shall ensure the protection of traditional 
        cultural and religious sites in the Preserve.
            (2) Access.--The Secretary, in accordance with Public Law 
        95-341 (commonly known as the ``American Indian Religious 
        Freedom Act'') (42 U.S.C. 1996)--
                    (A) shall provide access to the sites described in 
                paragraph (1) by members of Indian tribes or pueblos 
                for traditional cultural and customary uses; and
                    (B) may, on request of an Indian tribe or pueblo, 
                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.
            (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.
    (k) Caldera Rim Trail.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Agriculture, affected Indian tribes and 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) Agreements.--On the request of an affected Indian tribe 
        or pueblo, the Secretary and the Secretary of Agriculture shall 
        seek to enter into an agreement with the Indian tribe or pueblo 
        with respect to the Caldera Rim Trail that provides for the 
        protection of--
                    (A) cultural and religious sites in the vicinity of 
                the trail; and
                    (B) the privacy of adjacent pueblo land.
    (l) Valid Existing Rights.--Nothing in this Act affects valid 
existing rights.

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) Interim Management.--
            (1) Memorandum of agreement.--Not later than 90 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.
            (2) 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 
        section 3(b)(3), 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 section 3(b)(1).
            (3) Public use.--The Preserve shall remain open to public 
        use during the interim management period, subject to such terms 
        and conditions as the Secretary determines to be appropriate.
    (d) 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--
                            (i) all assets of the Trust shall be 
                        transferred to the Secretary; and
                            (ii) any amounts appropriated for the Trust 
                        shall remain available to the Secretary for the 
                        administration of the Preserve.
                    (B) Assumption of obligations.--
                            (i) In general.--On termination of the 
                        Trust, the Secretary shall assume all 
                        contracts, obligations, and other liabilities 
                        of the Trust.
                            (ii) New liabilities.--
                                    (I) Budget.--Not later than 90 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 areas or offices under the 
                jurisdiction of the Secretary or the Secretary of 
                Agriculture.
                    (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 of Repeal.--Notwithstanding the repeal made by 
subsection (a)--
            (1) the authority of the Secretary of Agriculture to 
        acquire mineral interests under section 104(e) of the Valles 
        Caldera Preservation Act (16 U.S.C. 698v-2(e)) is transferred 
        to the Secretary and any proceeding for the condemnation of, or 
        payment of compensation for, an outstanding mineral interest 
        pursuant to the transferred authority shall continue;
            (2) the provisions in section 104(g) of the Valles Caldera 
        Preservation Act (16 U.S.C. 698v-2(g)) relating to the Pueblo 
        of Santa Clara shall remain in effect; and
            (3) the Fund shall not be terminated until all amounts in 
        the Fund have been expended by the Secretary.
    (c) Boundaries.--The repeal of the Valles Caldera Preservation Act 
(16 U.S.C. 698v et seq.) shall not affect the boundaries as of the date 
of enactment of this Act (including maps and legal descriptions) of--
            (1) the Preserve;
            (2) the Santa Fe National Forest (other than the 
        modification made by section 4(b));
            (3) Bandelier National Monument; and
            (4) any land conveyed to the Pueblo of Santa Clara.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 607

111th CONGRESS

  2d Session

                                S. 3452

                          [Report No. 111-321]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 27, 2010

                       Reported with an amendment