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.