[Congressional Record Volume 145, Number 157 (Tuesday, November 9, 1999)]
[Senate]
[Pages S14415-S14418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 1892. A bill to authorize the acquisition of the Valles Caldera, 
to provide

[[Page S14416]]

for an effective land and wildlife management program for this resource 
within the Department of Agriculture, and for other purposes; to the 
Committee on Energy and Natural Resources.


                  THE VALLES CALDERA PRESERVATION ACT

  Mr. DOMENICI. Mr. President, in Northern New Mexico there is a truly 
unique working ranch on an historic Mexican land grant known as Baca 
Location No. 1. The ranch is currently owned and managed by the Baca 
Land and Cattle Company, and it comprises most of a collapsed, extinct 
volcano known as the Valles Caldera. The Valles Caldera is a beautiful 
place with rolling meadows, crystal-clear streams, roaming elk, and 
vast stands of Ponderosa pines. I am very proud to announce we are 
introducing legislation today that will authorize the Secretary of 
Agriculture to acquire this property which is a truly unique 95,000 
acre working ranch in New Mexico.
  For Senator Bingaman and I, and a few others working on this issue, 
this is a not-so-instant replay from last year. Last year around this 
time, Senator Bingaman and I announced that we had reached agreement 
with the President on a comprehensive plan to acquire the Baca Ranch 
and, at the same time, to provide for disposal of designated surplus 
land from the Federal inventory. Those two concepts, embodied in Titles 
I and II of last year's bill, have survived in this new bill.
  Title I provides for an innovative trust structure to manage this 
ranch, when it is purchased by the Federal Government. Title II 
provides a process for compensating citizens who await Federal payment 
for land trapped within vast areas of Federal land, so-called 
``inholders'', and the orderly disposal of Federal land that has 
already been declared surplus by the Federal Government.
  As you may recall, Senator Bingaman began this process with his 
purchase bill in 1997. The process of purchasing the Baca Ranch for the 
public was jump-started last summer when President Clinton and I, 
flying on Air Force One to Washington, reached an agreement on the 
concept of an innovative trust arrangement to manage the Baca, if it 
were to become part of Federal land holdings. The President's response 
led to a number of rounds of negotiations between representatives of 
the Administration and our offices.
  Finally, after literally thousands of hours of discussion at all 
levels, agreement was reached, we introduced the bill and a similar one 
was introduced in the House of Representatives. And, in what I frankly 
admit was almost miraculous, we were able to persuade Congress to 
provide $40 million in last year's appropriations process as earnest 
money for any Baca Ranch purchase that might be authorized by Congress.
  Then, unexpected disaster struck. The owners of the Baca Ranch 
decided not to sell the land after all. I said to many of you then that 
I thought the purchase was dead.
  However, like Lazarus the Baca Ranch purchase lives again. I must 
thank Senator Bingaman for his leadership in this matter, Congresswoman 
Wilson for her extremely effective work behind the scenes in the House 
to promote the purchase, and the new Congressman from Santa Fe, Mr. 
Udall, for his support. And, I must thank the Administration for its 
commitment.
  This kind of cooperation has brought us to this day of good news. 
Today, Senator Bingaman and I again introduce a bill to authorize both 
the purchase of the Baca Ranch by the federal government and the 
orderly disposal of surplus lands in order to pay for debts the 
government owes to ``inholders.'' I understand that Representatives 
Wilson and Udall will introduce companion legislation in the House.
  Now, let's talk for a moment about the $l0l million price tag the 
Baca Ranch purchase carries. The $40 million that we won last year from 
the Appropriations process had been spent. The President didn't ask for 
it in his budget, logically, since he thought the ranch was no longer 
for sale. And, the Interior Appropriations Subcommittees in the House 
and Senate failed to appropriate the $40 million for the same reason--
it seemed that the purchase was dead.
  However, the President recently announced a $101 million purchase 
agreement between the federal government and the Dunigan family, the 
current owners of the Baca Ranch. Quickly, we jumped to action, and in 
October, the New Mexico delegation succeeded in restoring the $40 
million originally approved last year for the purchase. As a member of 
the Senate Interior Appropriations Subcommittee, I have been involved 
in talks between congressional negotiators and the White House over 
several issues in the FY 2000 Interior Appropriations Bill. Those talks 
have led to a tentative agreement to provide an additional $61 million, 
on top of the $40 million restored in October, for the Baca Ranch 
purchase. If the $101 million appropriation becomes law, its release 
would be subject to congressional authorization of the land 
acquisition, as well as a review of the ranch appraisal by the 
Comptroller General of the United States.
  This is a terrific development and could very well help in moving 
this authorizing legislation through Congress next year. The drive to 
bring this beautiful ranch into public ownership has helped gain this 
funding. As important as the money, however, is retaining the dual 
nature of this legislation. This bill contains two major titles: one to 
authorize purchase of the Baca Ranch, which draws most of the 
headlines; and the other to begin a major reform in federal land 
management. The President has signed onto both; we have signed onto 
both. Both Titles must eventually become law in order for the Baca 
Ranch purchase to proceed.

  I have visited the Baca Ranch, and I can tell you that it is one 
beautiful piece of property. The Valles Caldera is one of the world's 
largest resurgent lava domes. The depression from a huge volcanic 
eruption over a million years ago is more than a half-mile deep and 
fifteen miles across at its widest point. The land was originally 
granted to the heirs of Don Luis Maria Cabeza de Vaca under a 
settlement enacted by Congress in 1860. Since that time, the property 
has remained virtually intact as a single, large, tract of land.
  The careful husbandry of the Ranch by the Dunigan family provides a 
model for sustainable land development and use. The Ranch's natural 
beauty and abundant resources, and its proximity to large municipal 
populations could provide numerous recreational opportunities for 
hiking, fishing, camping, cross-country skiing, and hunting. The Baca 
is a unique working ranch. It is not a wilderness area, and can best be 
protected for future generations by continuing its operation as a 
working asset through a unique management structure. This legislation 
provides that unique management under a trust that may allow for its 
eventual operation to become financially self-sustaining.
  Mr. President, because of the ranch's unique character, I am not 
interested in having it managed under the usual federal authorities, as 
is typical of the Forest Service, Bureau of Land Management, or the 
National Park Service. Under the current state of affairs on our public 
lands, Forest Service and BLM management is constantly hounded by 
litigation initiated by some of the same groups that wish to bring this 
ranch into government ownership. The Valles Caldera National Preserve 
will serve as a model to explore alternative means of federal 
management and will provide the American people with opportunities to 
enjoy the Valles Caldera and its many resources.
  The unique nature of the Valles Caldera, and its resources, requires 
a unique management program, dedicated to appropriate development and 
preservation under the principle of the highest and best use of the 
Ranch in the interest of the public. Title I of this legislation 
provides the framework necessary to fulfil that objective. It 
authorizes the acquisition of the Baca Ranch by the Forest Service. At 
the same time, it establishes a government-owned corporation, called 
the Valles Caldera Trust, whose sole responsibility is to ensure that 
the ranch is managed in a manner that will preserve its current unique 
character, and provide enumerable opportunities for the American people 
to enjoy its splendor. Most importantly to me, however, the legislation 
will allow for the ranch's continued operation as a working asset for 
the people of north-central New Mexico, without further drawing on the 
thinly-stretched resources of the federal land management agencies.

[[Page S14417]]

  I would like to emphasize that both portions of this bill are 
milestones in federal land management. This legislation independently 
addresses the acquisition of this unique property for public use and 
enjoyment, while solving current land management problems related to 
surplus land disposal and the acquisition of inholdings from owners who 
truly want to sell their land.
  Currently, approximately one-third of New Mexico's land is in federal 
ownership or under federal management. These public lands are an 
important resource that require our most thoughtful management. In 
order to better conserve existing national treasures for future use and 
enjoyment, we have devised a good plan to dispose of surplus land 
through sale or exchange into private, State, or local government 
ownership.
  In many cases, it is just too costly to keep this unneeded land under 
federal ownership, and it can be more effectively managed in other 
hands. Title II of this bill, the Federal Land Transaction Facilitation 
Act, calls for the orderly disposition of surplus federal property on a 
state by state basis, and provides land managers with needed tools to 
address the problem created by ``inholdings'' within federally managed 
areas. There are currently more than 45 million acres of privately 
owned land trapped within the boundaries of Federal land management 
units, including national parks, national forests, national monuments, 
national wildlife refuges, and wilderness areas.
  In other cases, however, landowners who want out have been waiting 
generations for the Federal Government to set aside funding and get 
around to acquiring their property. This legislation directs the 
Departments of the Interior and Agriculture to reach out to those 
property owners who want to sell their land. It also instructs the 
Departments to establish a priority for the acquisition of these 
inholdings based, in part, on how long the owner has been waiting to 
sell.
  An issue related to the problem created by inholdings is the 
abundance of public domain land which the Bureau of Land Management has 
determined it no longer needs to fulfill its mission. Under the Federal 
Land Policy and Management Act of 1976, the BLM has identified an 
estimated 4 to 6 million acres of public domain lands for disposal.
  Let me simply clarify that point--the BLM already has authority under 
an existing law, FLPMA, to exchange or sell lands out of Federal 
ownership. Through its public process for land use planning, when the 
agency has determined that certain lands would be more useful to the 
public under private or local governmental control, it is already 
authorized to dispose of these lands, either by sale or exchange.
  The sale or exchange of this land would be beneficial to local 
communities, adjoining land owners, and federal land mangers, alike.
  An orderly process for the efficient sale or exchange of land 
identified for disposal does not currently exist. The Federal Land 
Transaction Facilitation Act addresses this problem by providing that a 
portion of the proceeds generated from the sale of these lands will be 
used to fulfill all legal requirements for the transfer of these lands 
out of Federal ownership. The majority of the proceeds generated would 
be used to acquire inholdings from those who want to sell their land.
  The Senate Energy and Natural Resources Committee will schedule 
hearings to address the many issues regarding Federal purchase of the 
Baca Ranch in the near future. Congress has tried to resolve the 
difficult challenges in acquiring this property before, and failed; 
cooperation among the parties may bring success this time around. I 
want to thank everyone who has helped in this 18-month-long effort. I 
believe that in the end, we will be able to stand together and tell the 
American people that we truly have accomplished two great and 
innovative things with this legislation.
  Mr. President, I am confident that if we get an Interior 
appropriations bill, the money will be in it. Everyone should know that 
it is subject to two conditions: A full authorization bill being passed 
and signed and subject to the General Accounting Office reviewing the 
procedures for the appraisal of the property and assuring the Congress 
of what they have done, in a sense with the expertise that is 
consistent with what must be used in order to satisfy Congress that 
there is a fair purchase price involved in the agreement.
  I yield the floor to my colleague, Senator Bingaman.
  Mr. BINGAMAN. Mr. President, I thank my colleague and very much 
appreciate the leadership he has shown on this important issue as well. 
This is a truly bipartisan effort we have made on behalf of New Mexico. 
This is not just an issue of the 106th Congress. This is an issue that 
our Sate has been pursuing for many decades. Back in the early 1960s, 
one of our predecessors in the Senate, Senator Clinton Anderson, made a 
valiant effort to bring the Baca Ranch into Federal ownership so the 
public could enjoy it and so its preservation could be assured for 
future generations.
  After 3 years of effort in that direction, he abandoned the effort 
because of the infighting that occurred among competing interests. 
Then, Mr. President, over two years ago I rose in this chamber to 
introduce a bill to authorize the acquisition of the Baca Location #1, 
a ranch which comprises about ninety percent of the magnificent Valles 
Caldera. Today I rise to cosponsor a bill with Sen. Domenici that will 
not only authorize purchase of the Baca Ranch, but also a unique method 
of management for this property.
  A world renowned volcanic caldera sweeping approximately fifty miles 
in circumference, the Valles Caldera is the ecological heart of the 
Jemez Mountains. It's unparalleled vast upland meadows broken by 
forested volcanic domes and intertwined with 27 miles of winding trout 
streams, are home to a stunning variety of wildlife including: mountain 
lions, black bear, whitetail deer, redtail hawks, eagles, and wild 
turkey. It has also been the breeding ground for one of the largest elk 
herds in the lower forty-eight states.
  There has been a desire on the part of the Dunigan family, the 
current owners of that land, to see that it go into public ownership, 
and the father of the of the current owners made that attempt before he 
died. They have recently decided they want to carry through with that 
wish of his and accordingly, as Senator Domenici indicated, the 
negotiations between the Dunigan family and the Federal Government have 
proceeded and now have come to a good resolution. This presents us with 
an incredible opportunity for the American people.
  The potential of this land is enormous:
  It could be used as a grassbank to allow ranchers to rest and 
rehabilitate hundreds of thousands of acres of public range land in New 
Mexico without having to lose production in the process;
  It could provide incredible opportunities for scientific study and 
education, in the geophysical and biological sciences;
  It currently is, and could continue to be, one of the premier hunting 
and fishing destinations in the country;
  It's scenic value makes it an ideal location for the film industry. 
In fact it has often been used as a backdrop for movies, TV series, and 
commercials;
  It presents amazing opportunities for outdoor recreation including, 
hiking, camping, horseback riding, cross-country skiing, and 
photography; and
  As with many of the scenic wonders in my home state of New Mexico, 
there are places within the caldera that are of tremendous cultural 
significance to various Native American tribes in the area.
  Clearly if this property were to be brought into public ownership it 
should be managed to preserve its incredible natural condition, while 
maintaining a balance with the various ways it could be used and 
enjoyed. The experiment called for in this bill sets out broad policy 
goals for the land (to preserve its natural treasures and to make it 
financially self-sustaining) and establishes a nine member board of 
trustees that shall set management policy for what would become the 
Valles Caldera Preserve. By requiring that each trustee have experience 
from differing but critical perspectives, this trust may be able to 
reach a balance that will meet the needs of the land and the public.
  The nine members of this board would include:
  (1) the Supervisor of the Santa Fe National Forest;

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  (2) the Superintendent of Bandelier National Monument;
  (3) a person with expertise in range management and the livestock 
industry;
  (4) a person with expertise in fish and wildlife management including 
game and non-game species;
  (5) a person with expertise in sustainable forest management;
  (6) an active participant in a conservation organization;
  (7) a person with financial management and business expertise;
  (8) a person with expertise in the cultural and natural history of 
the region; and finally;
  (9) someone active in the State or local government in New Mexico 
familiar with the customs of the local area.
  At least five of these trustees would be required to be residents of 
New Mexico. It would be an experiment, and would expire within twenty 
years unless it proves successful and is renewed by Congress.
  A second part of this bill, not related to the management of the 
Valles Caldera Preserve, seeks to address the goal of the Federal land 
management agencies to consolidate their land holdings, by first 
helping to promote the sale of the widely scattered parcels of land 
that the Bureau of Land Management has designated ``suitable for 
disposal,'' and secondly by using the proceeds of those sales towards 
the acquisition of inholdings within our public lands, areas of 
critical environmental concern, and other lands of exceptional resource 
value. This program would be authorized for ten years.
  Just as the Baca Ranch can be seen as a large inholding surrounded by 
federal land which is worthy of public ownership, there are many other 
inholdings in our national parks, forests, wildlife refuges and public 
lands, where private owners are willing and eager to sell to 
government. At the same time, there are some two million acres of 
public land that the BLM has determined are too remote, isolated, or 
otherwise situated to make management more of a burden than a benefit 
to the Federal tax payer.
  Often these lands are small 20 and 40 acre parcels surrounded by, or 
forming checker boarded areas with, private or state land. Though 
consolidating these lands has long been a goal of Federal land 
managers, the costs of surveying the land for endangered species, 
archeological artifacts, and for the purpose of determining a fair 
market value has hampered these efforts. This bill would create a 
mechanism to accelerate this work.
  Mr. President, this bill is important because it holds the real 
promise of bringing the entire Valles Caldera into public ownership 
after so many failures in the past. It represents a compromise which 
Sen. Domenici and I have worked on with the Administration, the House 
Members of the New Mexico delegation, and with some consultation with 
the majority staff of the Energy & and Natural Resources Committee. We 
have also received innumerable comments from various constituencies.
  Like all negotiated legislation, each constituency and interest group 
would like to change a piece here or there. However, I believe it is 
overall a good bill which meets the broadest concerns raised by those 
constituencies and should be viewed as a whole rather than in pieces. 
My sincere hope is that we will be able to pass it substantially as it 
is early next session.
  The other issue that Senator Domenici spoke to is the appropriating 
of funding for the purchase. I also am extremely pleased with that. I 
know the administration has felt strongly that we should try to get the 
full funding for the purchase of the ranch accomplished in this session 
of the 106th Congress before we adjourn. I know Senator Domenici has 
worked hard to accomplish that. I also worked with the Appropriations 
Committee members and the administration to full fund this purchase. I 
am very pleased to know that we are going to see that full 
appropriation at such time as we have an Interior appropriations bill 
signed into law.
  This is an important effort for the State of New Mexico. I believe 
when the 106th Congress is finally completed, not the end of this week 
or next week but a year from now, when we look back and see what was 
accomplished in that 106th Congress that is important to the State of 
New Mexico and the people of New Mexico, this acquisition of the Baca 
Ranch will be at the top of the list.
  I very much appreciate the good bipartisan effort that has gone into 
this.
                                 ______