1.This Act may be cited as the
Valles Caldera National Preserve
Management Act
.
2.In this Act:
(1)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)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)The
term Preserve
means the Valles Caldera National Preserve in the
State.
(4)The
term Secretary
means the Secretary of the Interior.
(5)The
term State
means the State of New Mexico.
(6)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)).
3.Valles caldera
national preserve
(a)Designation as
Unit of the National Park SystemTo 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)
(1)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)
(A)Beginning on the date of enactment of this Act, the
Secretary shall have sole management responsibility for the Preserve.
(B)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 plansNotwithstanding 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)To the maximum extent practicable, the Secretary
shall coordinate the management and operations of the Preserve with the
Bandelier National Monument.
(4)
(A)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)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)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)
(1)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 landOn 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)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 centerThe 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)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)
(1)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)Nothing in this Act affects the responsibilities of the
State with respect to fish and wildlife in the State.
(g)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)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 domesThe 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)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)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)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)
(1)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)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 accessThe 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.
4.Transfer of
administrative jurisdiction
(a)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 forestThe boundaries of the Santa Fe National
Forest are modified to exclude the Preserve.
(c)
(1)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)
(A)On
termination of the Trust, all assets of the Trust shall be transferred to the
Secretary.
(B)
(i)On termination of the Trust, the Secretary shall assume
all liabilities of the Trust.
(ii)
(I)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 requiredThe Trust shall not incur any new
liabilities not authorized in the budget prepared under subclause (I) without
the written concurrence of the Secretary.
(3)
(A)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)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 employeesFor 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)Nothing in this paragraph precludes the termination of
employment of an eligible employee for cause during the period described in
subparagraph (C).
(4)The
Secretary shall have access to all records of the Trust pertaining to the
management of the Preserve.
(5)
(A)Effective on the date of enactment of this Act, the
Secretary shall assume the powers of the Trust over the Fund.
(B)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.
5.Repeal of valles
caldera preservation act
(a)On the termination of the Trust, the Valles
Caldera Preservation Act (16 U.S.C. 698v et seq.) is repealed.
(b)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.
6.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
1.This Act may be cited as the
Valles Caldera National Preserve
Management Act
.
2.In this Act:
(1)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)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)The
term Preserve
means the Valles Caldera National Preserve in the
State.
(4)The
term Secretary
means the Secretary of the Interior.
(5)The
term State
means the State of New Mexico.
(6)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)).
3.Valles caldera national
preserve
(a)Designation as Unit of
the National Park SystemTo 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)
(1)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)The Secretary may coordinate the management and
operations of the Preserve with the Bandelier National Monument.
(3)
(A)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)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)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)
(1)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 landOn 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)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
centerAs 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)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)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)
(1)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)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)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)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
domesThe 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)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)The Secretary, in consultation with Indian tribes and
pueblos, shall ensure the protection of traditional cultural and religious
sites in the Preserve.
(2)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 accessThe 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)
(1)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)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)Nothing in this Act affects valid existing rights.
4.Transfer of
administrative jurisdiction
(a)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 forestThe boundaries of the Santa Fe National Forest
are modified to exclude the Preserve.
(c)
(1)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
plansNotwithstanding 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)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)
(1)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)
(A)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)On termination of the Trust, the Secretary shall assume
all contracts, obligations, and other liabilities of the Trust.
(ii)
(I)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
requiredThe Trust shall not incur any new liabilities not
authorized in the budget prepared under subclause (I) without the written
concurrence of the Secretary.
(3)
(A)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)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 employeesFor 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)Nothing in this paragraph precludes the termination of
employment of an eligible employee for cause during the period described in
subparagraph (C).
(4)The
Secretary shall have access to all records of the Trust pertaining to the
management of the Preserve.
(5)
(A)Effective on the date of enactment of this Act, the
Secretary shall assume the powers of the Trust over the Fund.
(B)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.
5.Repeal of valles caldera
preservation act
(a)On the termination of the Trust, the Valles
Caldera Preservation Act (16 U.S.C. 698v et seq.) is repealed.
(b)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)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.
6.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
September 27, 2010
Reported with an amendment