Congressional Record, Volume 146 Issue 88 (Tuesday, July 11, 2000)

[Congressional Record Volume 146, Number 88 (Tuesday, July 11, 2000)]
[House]
[Pages H5797-H5806]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

VALLES CALDERA PRESERVATION ACT

Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1892) to authorize the acquisition of the Valles
Caldera, to provide for an effective land and wildlife management
program for this resource within the Department of Agriculture, and for
other purposes.
The Clerk read as follows:

S. 1892

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

TITLE I--VALLES CALDERA NATIONAL PRESERVE AND TRUST

SEC. 101. SHORT TITLE.

This title may be cited as the ``Valles Caldera
Preservation Act''.

SEC. 102. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the Baca ranch comprises most of the Valles Caldera in
central New Mexico, and constitutes a unique land mass, with
significant scientific, cultural, historic, recreational,
ecological, wildlife, fisheries, and productive values;
(2) the Valles Caldera is a large resurgent lava dome with
potential geothermal activity;
(3) the land comprising the Baca ranch was originally
granted to the heirs of Don Luis Maria Cabeza de Vaca in
1860;
(4) historical evidence, in the form of old logging camps
and other artifacts, and the history of territorial New
Mexico indicate the importance of this land over many
generations for domesticated livestock production and timber
supply;
(5) the careful husbandry of the Baca ranch by the current
owners, including selective timbering, limited grazing and
hunting, and the use of prescribed fire, have preserved a mix
of healthy range and timber land with significant species
diversity, thereby serving as a model for sustainable land
development and use;
(6) the Baca 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;
(7) the Forest Service documented the scenic and natural
values of the Baca ranch in its 1993 study entitled ``Report
on the Study of the Baca Location No. 1, Santa Fe National
Forest, New Mexico'', as directed by Public Law 101-556;
(8) the Baca ranch can be protected for current and future
generations by continued operation as a working ranch under a
unique management regime which would protect the land and
resource values of the property and surrounding ecosystem
while allowing and providing for the ranch to eventually
become financially self-sustaining;
(9) the current owners have indicated that they wish to
sell the Baca ranch, creating an opportunity for Federal
acquisition and public access and enjoyment of these lands;
(10) certain features on the Baca ranch have historical and
religious significance to Native Americans which can be
preserved and protected through Federal acquisition of the
property;
(11) the unique nature of the Valles Caldera and the
potential uses of its resources with different resulting
impacts warrants a management regime uniquely capable of
developing an operational program for appropriate
preservation and development of the land and resources of the
Baca ranch in the interest of the public;
(12) an experimental management regime should be provided
by the establishment of a Trust capable of using new methods
of public land management that may prove to be cost-effective
and environmentally sensitive; and
(13) the Secretary may promote more efficient management of
the Valles Caldera and the watershed of the Santa Clara Creek
through the assignment of purchase rights of such watershed
to the Pueblo of Santa Clara.
(b) Purposes.--The purposes of this title are--
(1) to authorize Federal acquisition of the Baca ranch;
(2) to protect and preserve for future generations the
scientific, scenic, historic, and natural values of the Baca
ranch, including rivers and ecosystems and archaeological,
geological, and cultural resources;
(3) to provide opportunities for public recreation;
(4) to establish a demonstration area for an experimental
management regime adapted to this unique property which
incorporates elements of public and private administration in
order to promote long term financial sustainability
consistent with the other purposes enumerated in this
subsection; and

[[Page H5798]]

(5) to provide for sustained yield management of Baca ranch
for timber production and domesticated livestock grazing
insofar as is consistent with the other purposes stated
herein.

SEC. 103. DEFINITIONS.

In this title:
(1) Baca ranch.--The term ``Baca ranch'' means the lands
and facilities described in this section 104(a).
(2) Board of trustees.--The terms ``Board of Trustees'' and
``Board'' mean the Board of Trustees as describe in section
107.
(3) Committees of congress.--The term ``Committees of
Congress'' means the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives.
(4) Financially self-sustaining.--The term ``financially
self-sustaining'' means management and operating expenditures
equal to or less than proceeds derived from fees and other
receipts for resource use and development and interest on
invested funds. Management and operating expenditures shall
include Trustee expenses, salaries and benefits of staff,
administrative and operating expenses, improvements to and
maintenance of lands and facilities of the Preserve, and
other similar expenses. Funds appropriated to the Trust by
Congress, either directly or through the Secretary, for the
purposes of this title shall not be considered.
(5) Multiple use and sustained yield.--The term ``multiple
use and sustained yield'' has the combined meaning of the
terms ``multiple use'' and ``sustained yield of the several
products and services'', as defined under the Multiple-Use
Sustained-Yield Act of 1960 (16 U.S.C. 531).
(6) Preserve.--The term ``Preserve'' means the Valles
Caldera National Preserve established under section 105.
(7) Secretary.--Except where otherwise provided, the term
``Secretary'' means the Secretary of Agriculture.
(8) Trust.--The term ``Trust'' means the Valles Caldera
Trust established under section 106.

SEC. 104. ACQUISITION OF LANDS.

(a) Acquisition of Baca Ranch.--
(1) In general.--In compliance with the Act of June 15,
1926 (16 U.S.C. 471a), the Secretary is authorized to acquire
all or part of the rights, title, and interests in and to
approximately 94,761 acres of the Baca ranch, comprising the
lands, facilities, and structures referred to as the Baca
Location No. 1, and generally depicted on a plat entitled
``Independent Resurvey of the Baca Location No. 1'', made by
L.A. Osterhoudt, W.V. Hall, and Charles W. Devendorf, U.S.
Cadastral Engineers, June 30, 1920-August 24, 1921, under
special instructions for Group No. 107 dated February 12,
1920, in New Mexico.
(2) Source of funds.--The acquisition under paragraph (1)
may be made by purchase through appropriated or donated
funds, by exchange, by contribution, or by donation of land.
Funds appropriated to the Secretary from the Land and Water
Conservation Fund shall be available for this purpose.
(3) Basis of sale.--The acquisition under paragraph (1)
shall be based on an appraisal done in conformity with the
Uniform Appraisal Standards for Federal Land Acquisitions
and--
(A) in the case of purchase, such purchase shall be on a
willing seller basis for no more than the fair market value
of the land or interests therein acquired; and
(B) in the case of exchange, such exchange shall be for
lands, or interests therein, of equal value, in conformity
with the existing exchange authorities of the Secretary.
(4) Deed.--The conveyance of the offered lands to the
United States under this subsection shall be by general
warranty or other deed acceptable to the Secretary and in
conformity with applicable title standards of the Attorney
General.
(b) Addition of Land to Bandelier National Monument.--Upon
acquisition of the Baca ranch under subsection (a), the
Secretary of the Interior shall assume administrative
jurisdiction over those lands within the boundaries of the
Bandelier National Monument as modified under section 3 of
Public Law 105-376 (112 Stat. 3389).
(c) Plat and Maps.--
(1) Plat and maps prevail.--In case of any conflict between
a plat or a map and acreages, the plat or map shall prevail.
(2) Minor corrections.--The Secretary and the Secretary of
the Interior may make minor corrections in the boundaries of
the Upper Alamo watershed as depicted on the map referred to
in section 3 of Public Law 105-376 (112 Stat. 3389).
(3) Boundary modification.--Upon the conveyance of any
lands to any entity other than the Secretary, the boundary of
the Preserve shall be modified to exclude such lands.
(4) Final maps.--Within 180 days of the date of acquisition
of the Baca ranch under subsection (a), the Secretary and the
Secretary of the Interior shall submit to the Committees of
Congress a final map of the Preserve and a final map of
Bandelier National Monument, respectively.
(5) Public availability.--The plat and maps referred to in
the subsection shall be kept and made available for public
inspection in the offices of the Chief, Forest Service, and
Director, National Park Service, in Washington, D.C., and
Supervisor, Santa Fe National Forest, and Superintendent,
Bandelier National Monument, in the State of New Mexico.
(d) Watershed Management Report.--The Secretary, acting
through the Forest Service, in cooperation with the Secretary
of the Interior, acting through the National Park Service,
shall--
(1) prepare a report of management alternatives which may--
(A) provide more coordinated land management within the
area known as the upper watersheds of Alamo, Capulin, Medio,
and Sanchez Canyons, including the areas known as the Dome
Diversity Unit and the Dome Wilderness;
(B) allow for improved management of elk and other wildlife
populations ranging between the Santa Fe National Forest and
the Bandelier National Monument; and
(C) include proposed boundary adjustments between the Santa
Fe National Forest and the Bandelier National Monument to
facilitate the objectives under subparagraphs (A) and (B);
and
(2) submit the report to the Committees of Congress within
120 days of the date of enactment of this title.
(e) Outstanding Mineral Interests.--The acquisition of the
Baca ranch by the Secretary shall be subject to all
outstanding valid existing mineral interests. The Secretary
is authorized and directed to negotiate with the owners of
any fractional interest in the subsurface estate for the
acquisition of such fractional interest on a willing seller
basis for not to exceed its fair market value, as determined
by appraisal done in conformity with the Uniform Appraisal
Standards for Federal Land Acquisitions. Any such interests
acquired within the boundaries of the Upper Alamo watershed,
as referred to in subsection (b), shall be administered by
the Secretary of the Interior as part of Bandelier National
Monument.
(f) Boundaries of the Baca Ranch.--For purposes of section
7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 4601-9), the boundaries of the Baca ranch shall be
treated as if they were National Forest boundaries existing
as of January 1, 1965.
(g) Pueblo of Santa Clara.--
(1) In general.--The Secretary may assign to the Pueblo of
Santa Clara rights to acquire for fair market value portions
of the Baca ranch. The portion that may be assigned shall be
determined by mutual agreement between the Pueblo and the
Secretary based on optimal management considerations for the
Preserve including manageable land line locations, public
access, and retention of scenic and natural values. All
appraisals shall be done in conformity with the Uniform
Appraisal Standards for Federal Land Acquisition.
(2) Status of land acquired.--As of the date of
acquisition, the fee title lands, and any mineral estate
underlying such lands, acquired under this subsection by the
Pueblo of Santa Clara are deemed transferred into trust in
the name of the United States for the benefit of the Pueblo
of Santa Clara and such lands and mineral estate are declared
to be part of the existing Santa Clara Indian Reservation.
(3) Mineral estate.--Any mineral estate acquired by the
United States pursuant to section 104(e) underlying fee title
lands acquired by the Pueblo of Santa Clara shall not be
developed without the consent of the Secretary of the
Interior and the Pueblo of Santa Clara.
(4) Savings.--Any reservations, easements, and covenants
contained in an assignment agreement entered into under
paragraph (1) shall not be affected by the acquisition of the
Baca ranch by the United States, the assumption of management
by the Valles Caldera Trust, or the lands acquired by the
Pueblo being taken into trust.

SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE.

(a) Establishment.--Upon the date of acquisition of the
Baca ranch under section 104(a), there is hereby established
the Valles Caldera National Preserve as a unit of the
National Forest System which shall include all Federal lands
and interests in land acquired under sections 104(a) and
104(e), except those lands and interests in land administered
or held in trust by the Secretary of the Interior under
sections 104(b) and 104(g), and shall be managed in
accordance with the purposes and requirements of this title.
(b) Purposes.--The purposes for which the Preserve is
established are to protect and preserve the scientific,
scenic, geologic, watershed, fish, wildlife, historic,
cultural, and recreational values of the Preserve, and to
provide for multiple use and sustained yield of renewable
resources within the Preserve, consistent with this title.
(c) Management Authority.--Except for the powers of the
Secretary enumerated in this title, the Preserve shall be
managed by the Valles Caldera Trust established by section
106.
(d) Eligibility for Payment in Lieu of Taxes.--Lands
acquired by the United States under section 104(a) shall
constitute entitlement lands for purposes of the Payment in
Lieu of Taxes Act (31 U.S.C. 6901-6904).
(e) Withdrawals.--
(1) In general.--Upon acquisition of all interests in
minerals within the boundaries of the Baca ranch under
section 104(e), subject to valid existing rights, the lands
comprising the Preserve are thereby withdrawn from
disposition under all laws pertaining to mineral leasing,
including geothermal leasing.
(2) Materials for roads and facilities.--Nothing in this
title shall preclude the Secretary, prior to assumption of
management of the Preserve by the Trust, and the Trust
thereafter, from allowing the utilization of common varieties
of mineral materials such

[[Page H5799]]

as sand, stone, and gravel as necessary for construction and
maintenance of roads and facilities within the Preserve.
(f) Fish and Game.--Nothing in this title shall be
construed as affecting the responsibilities of the State of
New Mexico with respect to fish and wildlife, including the
regulation of hunting, fishing, and trapping within the
Preserve, except that the Trust may, in consultation with the
Secretary and the State of New Mexico, designate zones where
and establish periods when no hunting, fishing, or trapping
shall be permitted for reasons of public safety,
administration, the protection of nongame species and their
habitats, or public use and enjoyment.
(g) Redondo Peak.--
(1) In general.--For the purposes of preserving the
natural, cultural, religious, and historic resources on
Redondo Peak upon acquisition of the Baca ranch under section
104(a), except as provided in paragraph (2), within the area
of Redondo Peak above 10,000 feet in elevation--
(A) no roads, structures, or facilities shall be
constructed; and
(B) no motorized access shall be allowed.
(2) Exceptions.--Nothing in this subsection shall
preclude--
(A) the use and maintenance of roads and trails existing as
of the date of enactment of this Act;
(B) the construction, use and maintenance of new trails,
and the relocation of existing roads, if located to avoid
Native American religious and cultural sites; and
(C) motorized access necessary to administer the area by
the Trust (including measures required in emergencies
involving the health or safety of persons within the area).

SEC. 106. THE VALLES CALDERA TRUST.

(a) Establishment.--There is hereby established a wholly
owned government corporation known as the Valles Caldera
Trust which is empowered to conduct business in the State of
New Mexico and elsewhere in the United States in furtherance
of its corporate purposes.
(b) Corporate Purposes.--The purposes of the Trust are--
(1) to provide management and administrative services for
the Preserve;
(2) to establish and implement management policies which
will best achieve the purposes and requirements of this
title;
(3) to receive and collect funds from private and public
sources and to make dispositions in support of the management
and administration of the Preserve; and
(4) to cooperate with Federal, State, and local
governmental units, and with Indian tribes and Pueblos, to
further the purposes for which the Preserve was established.
(c) Necessary Powers.--The Trust shall have all necessary
and proper powers for the exercise of the authorities vested
in it.
(d) Staff.--
(1) In general.--The Trust is authorized to appoint and fix
the compensation and duties of an executive director and such
other officers and employees as it deems necessary without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may
pay them without regard 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. No
employee of the Trust shall be paid at a rate in excess of
that payable to the Supervisor of the Santa Fe National
Forest or the Superintendent of the Bandelier National
Monument, whichever is greater.
(2) Federal employees.--
(A) In general.--Except as provided in this title,
employees of the Trust shall be Federal employees as defined
by title 5, United States Code, and shall be subject to all
rights and obligations applicable thereto.
(B) Use of federal employees.--At the request of the Trust,
the employees of any Federal agency may be provided for
implementation of this title. Such employees detailed to the
Trust for more than 30 days shall be provided on a
reimbursable basis.
(e) Government Corporation.--
(1) In general.--The Trust shall be a Government
Corporation subject to chapter 91 of title 31, United States
Code (commonly referred to as the Government Corporation
Control Act). Financial statements of the Trust shall be
audited annually in accordance with section 9105 of title 31
of the United States Code.
(2) Reports.--Not later than January 15 of each year, the
Trust shall submit to the Secretary and the Committees of
Congress a comprehensive and detailed report of its
operations, activities, and accomplishments for the prior
year including information on the status of ecological,
cultural, and financial resources being managed by the Trust,
and benefits provided by the Preserve to local communities.
The report shall also include a section that describes the
Trust's goals for the current year.
(3) Annual budget.--
(A) In general.--The Trust shall prepare an annual budget
with the goal of achieving a financially self-sustaining
operation within 15 full fiscal years after the date of
acquisition of the Baca ranch under section 104(a).
(B) Budget request.--The Secretary shall provide necessary
assistance (including detailees as necessary) to the Trust
for the timely formulation and submission of the annual
budget request for appropriations, as authorized under
section 111(a), to support the administration, operation, and
maintenance of the Preserve.
(f) Taxes.--The Trust and all properties administered by
the Trust shall be exempt from all taxes and special
assessments of every kind by the State of New Mexico, and its
political subdivisions including the counties of Sandoval and
Rio Arriba.
(g) Donations.--The Trust may solicit and accept donations
of funds, property, supplies, or services from individuals,
foundations, corporations, and other private or public
entities for the purposes of carrying out its duties. The
Secretary, prior to assumption of management of the Preserve
by the Trust, and the Trust thereafter, may accept donations
from such entities notwithstanding that such donors may
conduct business with the Department of Agriculture or any
other department or agency of the United States.
(h) Proceeds.--
(1) In general.--Notwithstanding sections 1341 and 3302 of
title 31 of the United States Code, all monies received from
donations under subsection (g) or from the management of the
Preserve shall be retained and shall be available, without
further appropriation, for the administration, preservation,
restoration, operation and maintenance, improvement, repair,
and related expenses incurred with respect to properties
under its management jurisdiction.
(2) Fund.--There is hereby established in the Treasury of
the United States a special interest bearing fund entitled
``Valles Caldera Fund'' which shall be available, without
further appropriation for any purpose consistent with the
purposes of this title. At the option of the Trust, or the
Secretary in accordance with section 110, the Secretary of
the Treasury shall invest excess monies of the Trust in such
account, which shall bear interest at rates determined by the
Secretary of the Treasury taking into consideration the
current average market yield on outstanding marketable
obligations of the United States of comparable maturity.
(i) Restrictions on Disposition of Receipts.--Any funds
received by the Trust, or the Secretary in accordance with
section 109(b), from the management of the Preserve shall not
be subject to partial distribution to the State under--
(1) the Act of May 23, 1908, entitled ``an Act making
appropriations for the Department of Agriculture for the
fiscal year ending June thirtieth, nineteen hundred and
nine'' (35 Stat. 260, chapter 192; 16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 500); or
(3) any other law.
(j) Suits.--The Trust may sue and be sued in its own name
to the same extent as the Federal Government. For purposes of
such suits, the residence of the Trust shall be the State of
New Mexico. The Trust shall be represented by the Attorney
General in any litigation arising out of the activities of
the Trust, except that the Trust may retain private attorneys
to provide advice and counsel.
(k) Bylaws.--The Trust shall adopt necessary bylaws to
govern its activities.
(l) Insurance and Bond.--The Trust shall require that all
holders of leases from, or parties in contract with, the
Trust that are authorized to occupy, use, or develop
properties under the management jurisdiction of the Trust,
procure proper insurance against any loss in connection with
such properties, or activities authorized in such lease or
contract, as is reasonable and customary.
(m) Name and Insignia.--The Trust shall have the sole and
exclusive right to use the words ``Valles Caldera Trust'',
and any seal, emblem, or other insignia adopted by the Board
of Trustees. Without express written authority of the Trust,
no person may use the words ``Valles Caldera Trust'' as the
name under which that person shall do or purport to do
business, for the purpose of trade, or by way of
advertisement, or in any manner that may falsely suggest any
connection with the Trust.

SEC. 107. BOARD OF TRUSTEES.

(a) In General.--The Trust shall be governed by a 9-member
Board of Trustees consisting of the following:
(1) Voting trustees.--The voting Trustees shall be--
(A) the Supervisor of the Santa Fe National Forest, United
States Forest Service;
(B) the Superintendent of the Bandelier National Monument,
National Park Service; and
(C) 7 individuals, appointed by the President, in
consultation with the congressional delegation from the State
of New Mexico. The 7 individuals shall have specific
expertise or represent an organization or government entity
as follows--
(i) one trustee shall have expertise in aspects of
domesticated livestock management, production, and marketing,
including range management and livestock business management;
(ii) one trustee shall have expertise in the management of
game and nongame wildlife and fish populations, including
hunting, fishing, and other recreational activities;
(iii) one trustee shall have expertise in the sustainable
management of forest lands for commodity and noncommodity
purposes;
(iv) one trustee shall be active in a nonprofit
conservation organization concerned with the activities of
the Forest Service;
(v) one trustee shall have expertise in financial
management, budget and program analysis, and small business
operations;
(vi) one trustee shall have expertise in the cultural and
natural history of the region; and
(vii) one trustee shall be active in State or local
government in New Mexico, with expertise in the customs of
the local area.

[[Page H5800]]

(2) Qualifications.--Of the trustees appointed by the
President--
(A) none shall be employees of the Federal Government; and
(B) at least five shall be residents of the State of New
Mexico.
(b) Initial Appointments.--The President shall make the
initial appointments to the Board of Trustees within 90 days
after acquisition of the Baca ranch under section 104(a).
(c) Terms.--
(1) In general.--Appointed trustees shall each serve a term
of 4 years, except that of the trustees first appointed, 4
shall serve for a term of 4 years, and 3 shall serve for a
term of 2 years.
(2) Vacancies.--Any vacancy among the appointed trustees
shall be filled in the same manner in which the original
appointment was made, and any trustee appointed to fill a
vacancy shall serve for the remainder of that term for which
his or her predecessor was appointed.
(3) Limitations.--No appointed trustee may serve more than
8 years in consecutive terms.
(d) Quorum.--A majority of trustees shall constitute a
quorum of the Board for the conduct of business.
(e) Organization and Compensation.--
(1) In general.--The Board shall organize itself in such a
manner as it deems most appropriate to effectively carry out
the activities of the Trust.
(2) Compensation of trustees.--Trustees shall serve without
pay, but may be reimbursed from the funds of the Trust for
the actual and necessary travel and subsistence expenses
incurred by them in the performance of their duties.
(3) Chair.--Trustees shall select a chair from the
membership of the Board.
(f) Liability of Trustees.--Appointed trustees shall not be
considered Federal employees by virtue of their membership on
the Board, except for purposes of the Federal Tort Claims
Act, the Ethics in Government Act, and the provisions of
chapter 11 of title 18, United States Code.
(g) Meetings.--
(1) Location and timing of meetings.--The Board shall meet
in sessions open to the public at least three times per year
in New Mexico. Upon a majority vote made in open session, and
a public statement of the reasons therefore, the Board may
close any other meetings to the public: Provided, That any
final decision of the Board to adopt or amend the
comprehensive management program under section 108(d) or to
approve any activity related to the management of the land or
resources of the Preserve shall be made in open public
session.
(2) Public information.--In addition to other requirements
of applicable law, the Board shall establish procedures for
providing appropriate public information and periodic
opportunities for public comment regarding the management of
the Preserve.

SEC. 108. RESOURCE MANAGEMENT.

(a) Assumption of Management.--The Trust shall assume all
authority provided by this title to manage the Preserve upon
a determination by the Secretary, which to the maximum extent
practicable shall be made within 60 days after the
appointment of the Board, that--
(1) the Board is duly appointed, and able to conduct
business; and
(2) provision has been made for essential management
services.
(b) Management Responsibilities.--Upon assumption of
management of the Preserve under subsection (a), the Trust
shall manage the land and resources of the Preserve and the
use thereof including, but not limited to such activities
as--
(1) administration of the operations of the Preserve;
(2) preservation and development of the land and resources
of the Preserve;
(3) interpretation of the Preserve and its history for the
public;
(4) management of public use and occupancy of the Preserve;
and
(5) maintenance, rehabilitation, repair, and improvement of
property within the Preserve.
(c) Authorities.--
(1) In general.--The Trust shall develop programs and
activities at the Preserve, and shall have the authority to
negotiate directly and enter into such agreements, leases,
contracts and other arrangements with any person, firm,
association, organization, corporation or governmental
entity, including without limitation, entities of Federal,
State, and local governments, and consultation with Indian
tribes and pueblos, as are necessary and appropriate to carry
out its authorized activities or fulfill the purposes of this
title. Any such agreements may be entered into without regard
to section 321 of the Act of June 30, 1932 (40 U.S.C. 303b).
(2) Procedures.--The Trust shall establish procedures for
entering into lease agreements and other agreements for the
use and occupancy of facilities of the Preserve. The
procedures shall ensure reasonable competition, and set
guidelines for determining reasonable fees, terms, and
conditions for such agreements.
(3) Limitations.--The Trust may not dispose of any real
property in, or convey any water rights appurtenant to the
Preserve. The Trust may not convey any easement, or enter
into any contract, lease, or other agreement related to use
and occupancy of property within the Preserve for a period
greater than 10 years. Any such easement, contract, lease, or
other agreement shall provide that, upon termination of the
Trust, such easement, contract, lease or agreement is
terminated.
(4) Application of procurement laws.--
(A) In general.--Notwithstanding any other provision of
law, Federal laws and regulations governing procurement by
Federal agencies shall not apply to the Trust, with the
exception of laws and regulations related to Federal
Government contracts governing health and safety
requirements, wage rates, and civil rights.
(B) Procedures.--The Trust, in consultation with the
Administrator of Federal Procurement Policy, Office of
Management and Budget, shall establish and adopt procedures
applicable to the Trust's procurement of goods and services,
including the award of contracts on the basis of contractor
qualifications, price, commercially reasonable buying
practices, and reasonable competition.
(d) Management Program.--Within two years after assumption
of management responsibilities for the Preserve, the Trust
shall, in accordance with subsection (f), develop a
comprehensive program for the management of lands, resources,
and facilities within the Preserve to carry out the purposes
under section 105(b). To the extent consistent with such
purposes, such program shall provide for--
(1) operation of the Preserve as a working ranch,
consistent with paragraphs (2) through (4);
(2) the protection and preservation of the scientific,
scenic, geologic, watershed, fish, wildlife, historic,
cultural and recreational values of the Preserve;
(3) multiple use and sustained yield of renewable resources
within the Preserve;
(4) public use of and access to the Preserve for
recreation;
(5) renewable resource utilization and management
alternatives that, to the extent practicable--
(A) benefit local communities and small businesses;
(B) enhance coordination of management objectives with
those on surrounding National Forest System land; and
(C) provide cost savings to the Trust through the exchange
of services, including but not limited to labor and
maintenance of facilities, for resources or services provided
by the Trust; and
(6) optimizing the generation of income based on existing
market conditions, to the extent that it does not
unreasonably diminish the long-term scenic and natural values
of the area, or the multiple use and sustained yield
capability of the land.
(e) Public Use and Recreation.--
(1) In general.--The Trust shall give thorough
consideration to the provision of appropriate opportunities
for public use and recreation that are consistent with the
other purposes under section 105(b). The Trust is expressly
authorized to construct and upgrade roads and bridges, and
provide other facilities for activities including, but not
limited to camping and picnicking, hiking, and cross country
skiing. Roads, trails, bridges, and recreational facilities
constructed within the Preserve shall meet public safety
standards applicable to units of the National Forest System
and the State of New Mexico.
(2) Fees.--Notwithstanding any other provision of law, the
Trust is authorized to assess reasonable fees for admission
to, and the use and occupancy of, the Preserve: Provided,
That admission fees and any fees assessed for recreational
activities shall be implemented only after public notice and
a period of not less than 60 days for public comment.
(3) Public access.--Upon the acquisition of the Baca ranch
under section 104(a), and after an interim planning period of
no more than two years, the public shall have reasonable
access to the Preserve for recreation purposes. The
Secretary, prior to assumption of management of the Preserve
by the Trust, and the Trust thereafter, may reasonably limit
the number and types of recreational admissions to the
Preserve, or any part thereof, based on the capability of the
land, resources, and facilities. The use of reservation or
lottery systems is expressly authorized to implement this
paragraph.
(f) Applicable Laws.--
(1) In general.--The Trust, and the Secretary in accordance
with section 109(b), shall administer the Preserve in
conformity with this title and all laws pertaining to the
National Forest System, except the Forest and Rangeland
Renewable Resources Planning Act of 1974, as amended (16
U.S.C. 1600 et seq.).
(2) Environmental laws.--The Trust shall be deemed a
Federal agency for the purposes of compliance with Federal
environmental laws.
(3) Criminal laws.--All criminal laws relating to Federal
property shall apply to the same extent as on adjacent units
of the National Forest System.
(4) Reports on applicable rules and regulations.--The Trust
may submit to the Secretary and the Committees of Congress a
compilation of applicable rules and regulations which in the
view of the Trust are inappropriate, incompatible with this
title, or unduly burdensome.
(5) Consultation with tribes and pueblos.--The Trust is
authorized and directed to cooperate and consult with Indian
tribes and pueblos on management policies and practices for
the Preserve which may affect them. The Trust is authorized
to allow the use of lands within the Preserve for religious
and cultural uses by Native Americans and,

[[Page H5801]]

in so doing, may set aside places and times of exclusive use
consistent with the American Indian Religious Freedom Act (42
U.S.C. 1996 (note)) and other applicable statutes.
(6) No administrative appeal.--The administrative appeals
regulations of the Secretary shall not apply to activities of
the Trust and decisions of the Board.
(g) Law Enforcement and Fire Management.--The Secretary
shall provide law enforcement services under a cooperative
agreement with the Trust to the extent generally authorized
in other units of the National Forest System. The Trust shall
be deemed a Federal agency for purposes of the law
enforcement authorities of the Secretary (within the meaning
of section 15008 of the National Forest System Drug Control
Act of 1986 (16 U.S.C. 559g)). At the request of the Trust,
the Secretary may provide fire presuppression, fire
suppression, and rehabilitation services: Provided, That the
Trust shall reimburse the Secretary for salaries and expenses
of fire management personnel, commensurate with services
provided.

SEC. 109. AUTHORITIES OF THE SECRETARY.

(a) In General.--Notwithstanding the assumption of
management of the Preserve by the Trust, the Secretary is
authorized to--
(1) issue any rights-of-way, as defined in the Federal Land
Policy and Management Act of 1976, of over 10 years duration,
in cooperation with the Trust, including, but not limited to,
road and utility rights-of-way, and communication sites;
(2) issue orders under and enforce prohibitions generally
applicable on other units of the National Forest System, in
cooperation with the Trust;
(3) exercise the authorities of the Secretary under the
Wild and Scenic Rivers Act (16 U.S.C. 1278, et seq.) and the
Federal Power Act (16 U.S.C. 797, et seq.), in cooperation
with the Trust;
(4) acquire the mineral rights referred to in section
104(e);
(5) provide law enforcement and fire management services
under section 108(g);
(6) at the request of the Trust, exchange land or interests
in land within the Preserve under laws generally applicable
to other units of the National Forest System, or otherwise
dispose of land or interests in land within the Preserve
under Public Law 97-465 (16 U.S.C. 521c through 521i);
(7) in consultation with the Trust, refer civil and
criminal cases pertaining to the Preserve to the Department
of Justice for prosecution;
(8) retain title to and control over fossils and
archaeological artifacts found within the Preserve;
(9) at the request of the Trust, construct and operate a
visitors' center in or near the Preserve, subject to the
availability of appropriated funds;
(10) conduct the assessment of the Trust's performance,
and, if the Secretary determines it necessary, recommend to
Congress the termination of the Trust, under section
110(b)(2); and
(11) conduct such other activities for which express
authorization is provided to the Secretary by this title.
(b) Interim Management.--
(1) In general.--The Secretary shall manage the Preserve in
accordance with this title during the interim period from the
date of acquisition of the Baca ranch under section 104(a) to
the date of assumption of management of the Preserve by the
Trust under section 108. The Secretary may enter into any
agreement, lease, contract, or other arrangement on the same
basis as the Trust under section 108(c)(1): Provided, That
any agreement, lease, contract, or other arrangement entered
into by the Secretary shall not exceed two years in duration
unless expressly extended by the Trust upon its assumption of
management of the Preserve.
(2) Use of the fund.--All monies received by the Secretary
from the management of the Preserve during the interim period
under paragraph (1) shall be deposited into the ``Valles
Caldera Fund'' established under section 106(h)(2), and such
monies in the fund shall be available to the Secretary,
without further appropriation, for the purpose of managing
the Preserve in accordance with the responsibilities and
authorities provided to the Trust under section 108.
(c) Secretarial Authority.--The Secretary retains the
authority to suspend any decision of the Board with respect
to the management of the Preserve if he finds that the
decision is clearly inconsistent with this title. Such
authority shall only be exercised personally by the
Secretary, and may not be delegated. Any exercise of this
authority shall be in writing to the Board, and notification
of the decision shall be given to the Committees of Congress.
Any suspended decision shall be referred back to the Board
for reconsideration.
(d) Access.--The Secretary shall at all times have access
to the Preserve for administrative purposes.

SEC. 110. TERMINATION OF THE TRUST.

(a) In General.--The Valles Caldera Trust shall terminate
at the end of the twentieth full fiscal year following
acquisition of the Baca ranch under section 104(a).
(b) Recommendations.--
(1) Board.--
(A) If after the fourteenth full fiscal years from the date
of acquisition of the Baca ranch under section 104(a), the
Board believes the Trust has met the goals and objectives of
the comprehensive management program under section 108(d),
but has not become financially self-sustaining, the Board may
submit to the Committees of Congress, a recommendation for
authorization of appropriations beyond that provided under
this title.
(B) During the eighteenth full fiscal year from the date of
acquisition of the Baca ranch under section 104(a), the Board
shall submit to the Secretary its recommendation that the
Trust be either extended or terminated including the reasons
for such recommendation.
(2) Secretary.--Within 120 days after receipt of the
recommendation of the Board under paragraph (1)(B), the
Secretary shall submit to the Committees of Congress the
Board's recommendation on extension or termination along with
the recommendation of the Secretary with respect to the same
and stating the reasons for such recommendation.
(c) Effect of Termination.--In the event of termination of
the Trust, the Secretary shall assume all management and
administrative functions over the Preserve, and it shall
thereafter be managed as a part of the Santa Fe National
Forest, subject to all laws applicable to the National Forest
System.
(d) Assets.--In the event of termination of the Trust, all
assets of the Trust shall be used to satisfy any outstanding
liabilities, and any funds remaining shall be transferred to
the Secretary for use, without further appropriation, for the
management of the Preserve.
(e) Valles Caldera Fund.--In the event of termination, the
Secretary shall assume the powers of the Trust over funds
under section 106(h), and the Valles Caldera Fund shall not
terminate. Any balances remaining in the fund shall be
available to the Secretary, without further appropriation,
for any purpose consistent with the purposes of this title.

SEC. 111. LIMITATIONS ON FUNDING.

(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Secretary and the Trust
such funds as are necessary for them to carry out the
purposes of this title for each of the 15 full fiscal years
after the date of acquisition of the Baca ranch under section
104(a).
(b) Schedule of Appropriations.--Within two years after the
first meeting of the Board, the Trust shall submit to
Congress a plan which includes a schedule of annual
decreasing appropriated funds that will achieve, at a
minimum, the financially self-sustained operation of the
Trust within 15 full fiscal years after the date of
acquisition of the Baca ranch under section 104(a).

SEC. 112. GENERAL ACCOUNTING OFFICE STUDY.

(a) Initial Study.--Three years after the assumption of
management by the Trust, the General Accounting Office shall
conduct an interim study of the activities of the Trust and
shall report the results of the study to the Committees of
Congress. The study shall include, but shall not be limited
to, details of programs and activities operated by the Trust
and whether it met its obligations under this title.
(b) Second Study.--Seven years after the assumption of
management by the Trust, the General Accounting Office shall
conduct a study of the activities of the Trust and shall
report the results of the study to the Committees of
Congress. The study shall provide an assessment of any
failure to meet obligations that may be identified under
subsection (a), and further evaluation on the ability of the
Trust to meet its obligations under this title.

TITLE II--FEDERAL LAND TRANSACTION FACILITATION

SEC. 201. SHORT TITLE.

This title may be cited as the ``Federal Land Transaction
Facilitation Act''.

SEC. 202. FINDINGS.

Congress finds that--
(1) the Bureau of Land Management has authority under the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) to sell land identified for disposal under its
land use planning;
(2) the Bureau of Land Management has authority under that
Act to exchange Federal land for non-Federal land if the
exchange would be in the public interest;
(3) through land use planning under that Act, the Bureau of
Land Management has identified certain tracts of public land
for disposal;
(4) the Federal land management agencies of the Departments
of the Interior and Agriculture have authority under existing
law to acquire land consistent with the mission of each
agency;
(5) the sale or exchange of land identified for disposal
and the acquisition of certain non-Federal land from willing
landowners would--
(A) allow for the reconfiguration of land ownership
patterns to better facilitate resource management;
(B) contribute to administrative efficiency within Federal
land management units; and
(C) allow for increased effectiveness of the allocation of
fiscal and human resources within the Federal land management
agencies;
(6) a more expeditious process for disposal and acquisition
of land, established to facilitate a more effective
configuration of land ownership patterns, would benefit the
public interest;
(7) many private individuals own land within the boundaries
of Federal land management units and desire to sell the land
to the Federal Government;

[[Page H5802]]

(8) such land lies within national parks, national
monuments, national wildlife refuges, national forests, and
other areas designated for special management;
(9) Federal land management agencies are facing increased
workloads from rapidly growing public demand for the use of
public land, making it difficult for Federal managers to
address problems created by the existence of inholdings in
many areas;
(10) in many cases, inholders and the Federal Government
would mutually benefit from Federal acquisition of the land
on a priority basis;
(11) proceeds generated from the disposal of public land
may be properly dedicated to the acquisition of inholdings
and other land that will improve the resource management
ability of the Federal land management agencies and adjoining
landowners;
(12) using proceeds generated from the disposal of public
land to purchase inholdings and other such land from willing
sellers would enhance the ability of the Federal land
management agencies to--
(A) work cooperatively with private landowners and State
and local governments; and
(B) promote consolidation of the ownership of public and
private land in a manner that would allow for better overall
resource management;
(13) in certain locations, the sale of public land that has
been identified for disposal is the best way for the public
to receive fair market value for the land; and
(14) to allow for the least disruption of existing land and
resource management programs, the Bureau of Land Management
may use non-Federal entities to prepare appraisal documents
for agency review and approval consistent with applicable
provisions of the Uniform Standards for Federal Land
Acquisition.

SEC. 203. DEFINITIONS.

In this title:
(1) Exceptional resource.--The term ``exceptional
resource'' means a resource of scientific, natural, historic,
cultural, or recreational value that has been documented by a
Federal, State, or local governmental authority, and for
which there is a compelling need for conservation and
protection under the jurisdiction of a Federal agency in
order to maintain the resource for the benefit of the public.
(2) Federally designated area.--The term ``federally
designated area'' means land in Alaska and the eleven
contiguous Western States (as defined in section 103(o) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(o))) that on the date of enactment of this Act was
within the boundary of--
(A) a national monument, area of critical environmental
concern, national conservation area, national riparian
conservation area, national recreation area, national scenic
area, research natural area, national outstanding natural
area, or a national natural landmark managed by the Bureau of
Land Management;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge System;
(D) an area of the National Forest System designated for
special management by an Act of Congress; or
(E) an area within which the Secretary or the Secretary of
Agriculture is otherwise authorized by law to acquire lands
or interests therein that is designated as--
(i) wilderness under the Wilderness Act (16 U.S.C. 1131 et
seq.);
(ii) a wilderness study area;
(iii) a component of the Wild and Scenic Rivers System
under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.); or
(iv) a component of the National Trails System under the
National Trails System Act (16 U.S.C. 1241 et seq.).
(3) Inholding.--The term ``inholding'' means any right,
title, or interest, held by a non-Federal entity, in or to a
tract of land that lies within the boundary of a federally
designated area.
(4) Public land.--The term ``public land'' means public
lands (as defined in section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 204. IDENTIFICATION OF INHOLDINGS.

(a) In General.--The Secretary and the Secretary of
Agriculture shall establish a procedure to--
(1) identify, by State, inholdings for which the landowner
has indicated a desire to sell the land or interest therein
to the United States; and
(2) prioritize the acquisition of inholdings in accordance
with section 206(c)(3).
(b) Public Notice.--As soon as practicable after the date
of enactment of this title and periodically thereafter, the
Secretary and the Secretary of Agriculture shall provide
public notice of the procedures referred to in subsection
(a), including any information necessary for the
consideration of an inholding under section 206. Such notice
shall include publication in the Federal Register and by such
other means as the Secretary and the Secretary of Agriculture
determine to be appropriate.
(c) Identification.--An inholding--
(1) shall be considered for identification under this
section only if the Secretary or the Secretary of Agriculture
receive notification of a desire to sell from the landowner
in response to public notice given under subsection (b); and
(2) shall be deemed to have been established as of the
later of--
(A) the earlier of--
(i) the date on which the land was withdrawn from the
public domain; or
(ii) the date on which the land was established or
designated for special management; or
(B) the date on which the inholding was acquired by the
current owner.
(d) No Obligation To Convey or Acquire.--The identification
of an inholding under this section creates no obligation on
the part of a landowner to convey the inholding or any
obligation on the part of the United States to acquire the
inholding.

SEC. 205. DISPOSAL OF PUBLIC LAND.

(a) In General.--The Secretary shall establish a program,
using funds made available under section 206, to complete
appraisals and satisfy other legal requirements for the sale
or exchange of public land identified for disposal under
approved land use plans (as in effect on the date of
enactment of this Act) under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712).
(b) Sale of Public Land.--
(1) In general.--The sale of public land so identified
shall be conducted in accordance with sections 203 and 209 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1713, 1719).
(2) Exceptions to competitive bidding requirements.--The
exceptions to competitive bidding requirements under section
203(f) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1713(f)) shall apply to this section in cases in
which the Secretary determines it to be necessary.
(c) Report in Public Land Statistics.--The Secretary shall
provide in the annual publication of Public Land Statistics,
a report of activities under this section.
(d) Termination of Authority.--The authority provided under
this section shall terminate 10 years after the date of
enactment of this Act.

SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

(a) Deposit of Proceeds.--Notwithstanding any other law
(except a law that specifically provides for a proportion of
the proceeds to be distributed to any trust funds of any
States), the gross proceeds of the sale or exchange of public
land under this Act shall be deposited in a separate account
in the Treasury of the United States to be known as the
``Federal Land Disposal Account''.
(b) Availability.--Amounts in the Federal Land Disposal
Account shall be available to the Secretary and the Secretary
of Agriculture, without further Act of appropriation, to
carry out this title.
(c) Use of the Federal Land Disposal Account.--
(1) In general.--Funds in the Federal Land Disposal Account
shall be expended in accordance with this subsection.
(2) Fund allocation.--
(A) Purchase of land.--Except as authorized under
subparagraph (C), funds shall be used to purchase lands or
interests therein that are otherwise authorized by law to be
acquired, and that are--
(i) inholdings; and
(ii) adjacent to federally designated areas and contain
exceptional resources.
(B) Inholdings.--Not less than 80 percent of the funds
allocated for the purchase of land within each State shall be
used to acquire inholdings identified under section 204.
(C) Administrative and other expenses.--An amount not to
exceed 20 percent of the funds deposited in the Federal Land
Disposal Account may be used by the Secretary for
administrative and other expenses necessary to carry out the
land disposal program under section 205.
(D) Same state purchases.--Of the amounts not used under
subparagraph (C), not less than 80 percent shall be expended
within the State in which the funds were generated. Any
remaining funds may be expended in any other State.
(3) Priority.--The Secretary and the Secretary of
Agriculture shall develop a procedure for prioritizing the
acquisition of inholdings and non-Federal lands with
exceptional resources as provided in paragraph (2). Such
procedure shall consider--
(A) the date the inholding was established (as provided in
section 204(c));
(B) the extent to which acquisition of the land or interest
therein will facilitate management efficiency; and
(C) such other criteria as the Secretary and the Secretary
of Agriculture deem appropriate.
(4) Basis of sale.--Any land acquired under this section
shall be--
(A) from a willing seller;
(B) contingent on the conveyance of title acceptable to the
Secretary, or the Secretary of Agriculture in the case of an
acquisition of National Forest System land, using title
standards of the Attorney General;
(C) at a price not to exceed fair market value consistent
with applicable provisions of the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(D) managed as part of the unit within which it is
contained.
(d) Contaminated Sites and Sites Difficult and Uneconomic
To Manage.--Funds in the Federal Land Disposal Account shall
not be used to purchase land or an interest in land that, as
determined by the Secretary or the Secretary of Agriculture--
(1) contains a hazardous substances or is otherwise
contaminated; or

[[Page H5803]]

(2) because of the location or other characteristics of the
land, would be difficult or uneconomic to manage as Federal
land.
(e) Land and Water Conservation Fund Act.--Funds made
available under this section shall be supplemental to any
funds appropriated under the Land and Water Conservation Fund
Act (16 U.S.C. 460l-4 et seq.).
(f) Termination.--On termination of activities under
section 205--
(1) the Federal Land Disposal Account shall be terminated;
and
(2) any remaining balance in the account shall become
available for appropriation under section 3 of the Land and
Water Conservation Fund Act (16 U.S.C. 460l-6).

SEC. 207. SPECIAL PROVISIONS.

(a) In General.--Nothing in this title provides an
exemption from any limitation on the acquisition of land or
interest in land under any Federal Law in effect on the date
of enactment of this Act.
(b) Other Law.--This title shall not apply to land eligible
for sale under--
(1) Public Law 96-568 (commonly known as the ``Santini-
Burton Act'') (94 Stat. 3381); or
(2) the Southern Nevada Public Land Management Act of 1998
(112 Stat. 2343).
(c) Exchanges.--Nothing in this title precludes, preempts,
or limits the authority to exchange land under authorities
providing for the exchange of Federal lands, including but
not limited to--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); or
(2) the Federal Land Exchange Facilitation Act of 1988 (102
Stat. 1086) or the amendments made by that Act.
(d) No New Right or Benefit.--Nothing in this Act creates a
right or benefit, substantive or procedural, enforceable at
law or in equity by a party against the United States, its
agencies, its officers, or any other person.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from New Mexico (Mr. Udall) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 1892, sponsored by Senator Domenici, authorizes the
acquisition of the Valles Caldera or better known as the Baca Ranch.
The full committee held a hearing on the House version of the bill,
H.R. 3288, sponsored by the gentlewoman from New Mexico (Mrs. Wilson)
and the gentleman from New Mexico (Mr. Udall) on May 1 of this year.
The gentlewoman from New Mexico (Mrs. Wilson) deserves the credit for
getting this bill to the floor today. I would like to publicly thank
her for her tireless efforts in working on this bill. I do not know
anyone that has ever worked harder on a bill than the gentlewoman from
New Mexico (Mrs. Wilson) has on this one.
The Baca Ranch is approximately 95,000 acres of land located within
the Santa Fe National Forest of New Mexico. This land emanates from a
Spanish land grant in 1821, and this actual property was deeded by
Congress in 1860 and has been used primarily as a ranch for more than
100 years.
S. 1892 mandates the acquisition of the Baca Ranch with funds that
were appropriated last year. S. 1892 sets up a unique opportunity for
the Federal Government to acquire this ranch, but does it through a
trust agreement that will allow these lands to continue to be managed
as they have been for decades.
The bill establishes the Valles Caldera National Preserve, which will
be managed by a trust established within the legislation. The Preserve
is designed to operate as a government corporation and is expected to
be self-sustaining within 15 years. This type of trust arrangement was
first implemented at the Presidio in San Francisco. The Baca Ranch is
yet another great opportunity to take a piece of unique land and manage
it in a way that maintains its historic uses and stresses self-
sufficiency.
Title II of the bill authorizes the BLM to sell parcels of Federal
land that are identified for disposal with the proceeds staying within
the agency to acquire in holdings within Federal designated areas among
all of the land management agencies. This provision will streamline
Federal land sales and exchanges. This will be an important management
tool for our Federal land managers to dispose of unneeded lands and
acquire in holdings.
Once again, I would like to thank my colleagues for getting this bill
to the floor of the House today. I urge my colleagues to support this
important legislation that has the approval of the New Mexico
delegation and of the President of the United States.
Mr. Speaker, I submit the following communication for the Record.

House of Representatives,

Committee on Commerce,

Washington, DC, July 11, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Washington, DC.
Dear Don: I am writing with regard to S. 1892, the Valles
Caldera Preservation Act. As you know, Rule X of the Rules of
the House of Representatives grants the Committee on Commerce
jurisdiction over the generation and marketing of power. As
you are aware, section 109(a)(3) of the bill clarifies that
the Secretary of Agriculture may continue to exercise his
authority to impose mandatory conditions on the issuance of
certain hydropower licenses issued by the Federal Energy
Regulatory Commission in ``cooperation'' with the Valles
Caldera Trust.
Because of the importance of this legislation, and your
commitment to include report language that clarifies that
this paragraph does not alter the authority or
responsibilities of the Secretary under the Federal Power
Act, I will not exercise the Committee's right to a
sequential referral. By agreeing to waive its consideration
of the bill, however, the Committee on Commerce does not
waive its jurisdiction over S. 1892. In addition, the
Commerce Committee reserves its authority to seek conferees
on any provisions of the bill that are within its
jurisdiction during any House-Senate conference that may be
convened on this legislation. I ask for your commitment to
support any request by the Commerce Committee for conferees
on S. 1892 or similar legislation.
I request that you include this letter and your response as
part of the Record during consideration of the legislation on
the House floor.
Thank you for your attention to these matters.
Sincerely,
Tom Bliley,
Chairman.

Mr. HANSEN. Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Mr. Speaker, the Valles Caldera Preservation
Act will secure the Baca Ranch for the people of our Nation. The
stunning 95,000 acre Baca Ranch sits in the heart of my congressional
district. The vast landscape includes over 25 miles of streams,
mountain peaks as high as 11,000 feet, and the Valles Caldera, a 15-
mile-wide remnant of an ancient volcano. This unique geological feature
is well-known around the world and has been seen by astronauts from
space.
Other open lands that surround the Valles Caldera include the Santa
Fe National Force, Bandelier National Monument and the Jemez National
Recreation Area. The Baca Ranch is home to teaming amounts of wildlife,
including New Mexico's largest wild elk herd, mule deer, mountain lions
and rainbow and brown trout.
The land also has unique historic value as part of the land grant
heritage of northern New Mexico. The Baca Ranch grew out of land
granted to Don Luis Maria Cabeza de Vaca in 1841. Over the years, the
vast resources of the Baca Ranch have benefited the people of New
Mexico. Historically and in modern times, the forests have been
harvested and cattle have grazed on the lush grasslands.
The potential public uses of the Baca Ranch land are remarkable. As
wild as the land is, it is close to the communities of Santa Fe and
Albuquerque, making it easily accessible to the public. Recreational
opportunities including fishing, hunting, hiking, camping, and cross-
country skiing abound on the Baca.

{time} 1615

A key aspect of the Baca Ranch bill is that it will continue to be a
working ranch. Following the Dunnigan family's example of responsible
stewardship, I am both hopeful and confident that the ranch will be
managed so it supports both traditional livestock activities and
wildlife. Public ownership of the Baca means that traditional to
Mexican families will have the same opportunities to join others that
are able to enjoy the land.
One issue of concern to me has been the accessibility of the Baca
Ranch to the general public for hunting and fishing. I raised this
issue earlier in the Committee on Resources. I did not offer an
amendment because I wished to work with the administration and other
Members in resolving this issue. In my discussions with the
administration, I have now been assured that fairness and equity will
apply to those

[[Page H5804]]

wishing to use this beautiful ranch for recreational purposes,
including hunting and fishing.
In a letter sent to me on May 25 of this year from George Frampton,
acting chair of the Council on Environmental Quality, Mr. Frampton
states, ``While efforts at income generation may include the charging
of fees for hunting and other activities on the property, the Preserve
will be a public asset. As such, any fees for activities in which the
public is likely to participate should be reasonable and affordable.
Restrictions on hunting that may be necessary due to resource
limitations should be accomplished through reservation or lottery
systems and not through the charging of excessive or exorbitant fees.''
Mr. Speaker, I include Mr. Frampton's letter for the Record.

Executive Office of the President, Council on
Environmental Quality,
Washington, DC, May 25, 2000.
Representative Tom Udall,
United States House of Representatives, Washington, DC.
Dear Representative Udall: This is to confirm our telephone
conversation regarding the Valles Caldera property in your
District. Due in part to your hard work, the Forest Service
is closer than it has ever been to acquiring this property
and assuring its preservation for future generations,
although it does not yet have the authority to finalize this
acquisition. As you know, authorizing legislation is required
before the transaction can take place. Such legislation,
which the Administration supports, has passed the Senate and
was considered by the House Resources Committee yesterday.
This legislation provides for management of the property by a
board of trustees, and establishes requirements and guidance
for the Trust in this regard.
You have asked about the Administration's understanding of
the intent of this legislation with respect to fees for
hunting that may be permitted on the property. It is our
understanding that the foremost responsibility of the Trust
managers of this property should it come into federal
ownership will be protection and conservation of its natural,
scientific and historic resources. Other management goals,
including income generation, are to be pursued only to the
extent that they are consistent with resource protection.
While efforts at income generation may include the charging
of fees for hunting and other activities on the property, the
Preserve will be a public asset. As such, any fees for
activities in which the public is likely to participate
should be reasonable and affordable. Restrictions on hunting
that may be necessary due to resource limitations should be
accomplished through reservation or lottery systems, and not
through the charging of excessive or exorbitant fees.
I trust this information on the Administration's
understanding of the legislation as currently drafted is
useful. I look forward to working with you to protect this
unique and wonderful part of your congressional district for
future generations of New Mexicans and all Americans.
Sincerely,
George T. Frampton, Jr.,
Acting Chair.

Mr. UDALL of New Mexico. Mr. Speaker, these assurances made by Mr.
Frampton and the administration make me much more comfortable with the
objectives of this historic piece of legislation. This bill is before
us as the result of a bipartisan, bicameral effort to acquire the Baca
for the American public, providing the present and future generations
an invaluable gift.
Mr. Speaker, I reserve the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from New Mexico (Mrs. Wilson), the sponsor of this
legislation.
Mrs. WILSON. Mr. Speaker, I rise today to support the passage of S.
1872 which will purchase the Baca Ranch for the people of New Mexico
and the people of this country.
The Baca includes an area known as the Valles Caldera in northern New
Mexico. It is bordered by the Santa Fe National Forest and also the
Bandelier National Monument. It is almost 95,000 acres of beautiful
land that has been in private hands and conserved in private hands
since 1860. But its geological significance is something that really
makes it a national unique treasure.
Mr. Speaker, 1.6 million years ago, there were volcanoes in the area,
and one of the most well-preserved ones is the Valles Caldera. It is 15
miles in diameter, and one can still see the rim of the volcano. That
volcano was 600 times more powerful than Mount Saint Helens and the ash
from that volcano is spread across the United States and can be found
in Kansas and Texas and Oklahoma. That collapsed volcano is now
perfectly preserved. It was never disturbed, and it is a wonderful
geological treasure that should be preserved so that it can be studied.
In addition, on the 90,000 acres of the Baca, which has been very
well conserved by the Dunnigan family that has owned it for so long,
there are 17 threatened or endangered species that also have been
protected. The appropriation for the bill has already been passed, $101
million in the fiscal year 2000 Interior Appropriations, but that money
was subject to passing this authorization bill, and we need to move
forward with it.
In 1999, Senator Domenici, Senator Bingaman, and the President of the
United States agreed on a unique management plan for Baca that will be
unlike most public lands and Federal lands in this country. The State
of New Mexico is already owned one-third by the Federal Government.
This management plan that is included in the bill and identical to
the House bill that I was the sponsor of has a unique approach. It sets
up a special trust for the management of the Baca. It will not be just
regular Federal land. That special trust is a government corporation
and will be run by a board of trustees that includes nine members, five
of whom must be New Mexicans. The land must be managed for the benefit
and enjoyment of the people of the United States, but also should try
to be self-sustaining. The management of that piece of land will not be
under some Washington bureaucracy, but under a board of trustees given
unique powers, and I think it serves as a real model for the management
in the future of our Federal lands.
Title II of the bill is also unique. One of the great barriers to
buying beautiful pieces of land like the Baca is that there is no money
in the pot, because Federal agencies have not sold off surplus lands,
lands that the agencies themselves say are surplus to any requirement
that the Federal Government may have for them. So the money is not
there to buy things like the Baca or Tres Tistoles in my district that
I was able to secure funds for in 1998, or even the inholdings in
places like the Petroglyph National Monument, also in my district,
where there are private landowners completely surrounded by a national
monument by Federal lands.
So this bill says that these Federal agencies should come up with a
plan to sell off surplus lands, to replenish the pot so that we can buy
beautiful pieces of property with national significance like the Baca.
The money that is used from selling off those surplus lands will be
used by the BLM and others to buy pieces of land like the Baca. Eighty
percent of the funds that are obtained by land sales have to be used in
the State where the land is sold so that there is benefit to the people
of the State where the land is sold. The money can only be purchased
for inholdings and surrounding lands from willing sellers at a fair
market value.
Mr. Speaker, I think that this is a unique approach to the management
of public lands, and it preserves a piece of property in northern New
Mexico which is unique in this country. It is a beautiful place and is
worthy of preservation, and I am very pleased that we have been able to
work together to get this bill to the floor of the House. I
particularly want to thank the gentleman from Utah (Mr. Hansen) for his
help and leadership for coming to New Mexico and seeing this beautiful
piece of property and for helping to bring this bill to the floor.
Mr. UDALL of New Mexico. Mr. Speaker, I reserve the balance of my
time.
Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Tennessee (Mr. Duncan).
Mr. DUNCAN. Mr. Speaker, I thank the gentleman from Utah for yielding
me this time.
I rise in opposition to this legislation to purchase the Baca Ranch
in New Mexico. I know this bill is going to pass with an overwhelming
majority and almost no opposition. In fact, I have not sent out ``Dear
Colleagues'' or tried to stir up opposition in any way because the
votes simply would not be there. I would say too that I believe that
the gentlewoman from New Mexico (Mrs. Wilson) and the gentleman from
New Mexico (Mr. Udall) are simply doing what good Members from New
Mexico should do.

[[Page H5805]]

However, I think this is a very bad deal for the taxpayers. In fact,
this bill is strongly opposed by the Citizens Against Government Waste,
the 600,000-member Citizens Against Government Waste. A portion of that
letter says, ``According to the Congressional Research Service, that
price,'' the price the owners of the Baca Ranch paid for ``when
adjusted for inflation would be the equivalent of $11.7 million today.
However, the legislation will force the taxpayers to pay nearly 10
times that amount, or 50 times the original purchase price, a whopping
$101 million. This is a great deal if you are the seller of the
property, but a horrible deal for taxpayers.
``This bill is not only extravagant, it is unnecessary.''
Those are the words of the Council for the Citizens Against
Government Waste.
As noted in their letter, the family that owns this ranch bought it
in 1961 for $2.1 million. Under this bill, the Federal Government is
going to pay $101 million for this property, almost 50 times the
original purchase price. I would bet that almost everyone in this
Nation would love to sell their property for 50 times what they paid
for it. This is a colossal rip-off of the taxpayers and, as noted in
the Citizens Against Government Waste letter, the Congressional
Research Service ran the numbers on this. According to the CRS, there
has been 452 percent inflation since 1961, and when we adjust this
price for inflation, this property should be worth $11.7 million. We
definitely should not be paying $101 million for property that was
bought for $2.1 million and today, adjusted for inflation, should be
worth $11.7 million.
Mr. Speaker, this is welfare for the rich. It is a windfall for the
wealthy. I watched a tape about this property. It is beautiful.
However, as I noted in committee when this bill came up, the most over-
used word in our committee in the Committee on Resources and in the
Congress is ``pristine.'' We are constantly told that we have to buy
this property or that property because it is beautiful or pristine. But
if the Federal Government tried to buy every beautiful, pristine piece
of property in this country, it would bankrupt our government and
saddle our economy. Besides, as the gentlewoman from New Mexico just
noted, the Federal Government already owns 37 percent of New Mexico,
millions of acres. That should be more than enough. The Federal
Government certainly does not need any more of New Mexico and has too
much already.
Mr. Speaker, private property is one of the main foundations of our
prosperity. It is one of the cornerstones of our freedom. Private
property is one of the main things that has set us apart from socialist
and Communist nations. Already, the Federal Government owns over 30
percent of the land in this Nation. State and local governments and
quasi-governmental units own another 20 percent. Half of the land is in
some type of public ownership. Yet what is alarming is the rapid rate
at which government at all levels continues to take over more and more
and more property.
Also, we keep putting more and more restrictions, limitations, rules,
regulations and red tape on the land that does remain in private hands.
If we keep doing away with private property, we are going to drive up
the prices of homes and cause serious damage to our economy. We will
hurt the poor and the working people and those of middle income the
most.
We should not waste the taxpayers' money in this way. Mr. Speaker,
$101 million for property bought for $2.1 million is more than 4,000
percent higher than what it should be or what we should have paid for
it when adjusted for inflation. We should not take money from lower-
and middle-income Americans to pay a rich family almost 50 times what
they paid for their property.
Mr. Speaker, I will repeat again what the Citizens Against Government
Waste said. Quote: ``This is a great deal if you are the seller of the
property, but a horrible deal for taxpayers. This bill is not only
extravagant, it is unnecessary.''
Mr. Speaker, at this time I will include for the Record the letter
from Citizens Against Government Waste.
Council for Citizens

Against Government Waste,

Washington, DC, June 2, 2000.
Hon. John Duncan,
Rayburn House Office Building, Washington, DC.
Dear Representative Duncan: On behalf of the 600,000
members of the Council for Citizens Against Government Waste
(CCAGW), I would like to express my appreciation of your
efforts to highlight the waste and abuse of taxpayer money in
S. 1892, the Valles Caldera Preservation Act.
The Valles Caldera Preservation Act would authorize the
purchase of the Baca Ranch in New Mexico. As you noted, the
current owners purchased this property in 1961 for $2.1
million. According to the Congressional Research Service,
that price, when adjusted for inflation, would be the
equivalent of $11.7 million today. However, the legislation
will force the taxpayers to pay nearly ten times that amount,
or 50 times the original purchase price, a whopping $101
million dollars. This is a great deal if you are the seller
of the property, but a horrible deal for taxpayers.
This bill is not only extravagant, it is unnecessary. The
federal government currently owns more than 30 percent of all
the land in the United States and cannot properly maintain
those holdings. In 1998, the National Park Service estimated
that it would cost $3.54 billion to repair maintenance
problems at national parks, monuments and wilderness areas.
Last year, the House Appropriations Committee estimated that
there is a $15 billion backlog of maintenance.
CCAGW urges your House colleagues to support your efforts
to stop this boondoggle. Any vote on the purchase of the Baca
Ranch will be among those considered for CCAGW's 2000
Congressional Ratings.
Sincerely,
Thomas Schatz,
President.

Mr. DUNCAN. As I said, Mr. Speaker, I believe this is a tremendous
rip-off of the taxpayers of this Nation, and I would urge and I hope
that at least a few people vote against this bill. I know, as I say, it
will pass by an overwhelming margin, but I will be requesting a vote on
this bill.
Mr. UDALL of New Mexico. Mr. Speaker, I reserve the balance of my
time.
Mr. HANSEN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
New Mexico (Mrs. Wilson).
Mrs. WILSON. Mr. Speaker, I appreciate the comments of the gentleman
on the cost of this ranch, and I understand his perspective; and I also
appreciate his kind cooperation as we have gone through this process. I
also understand the perspective of how much Federal land we do have in
the State of New Mexico. There is really only one reason that I think
this bill has such broad support and that is because of title II and
the direction to sell off some of this surplus land and make sure there
is money in the pot to buy things like the Baca.
I would like to, though, put one thing into the Record here on the
value of this ranch. It was not just a number that came out of the air,
and I think we need to be fair, that there was an appraisal of the
ranch and that the Forest Service ordered a market study of that
appraisal and found that the appraisal met the Federal standards and
agreed to the price of that ranch.

{time} 1630

Now, there are appraisers who will come up with all kinds of
different values of things based on different methodologies. This
committee deals with those every day, different disagreements among
qualified appraisers on the value of a piece of property.
I think back to what things cost in 1962. I was only 2 years old
then, and I do not think a straight line inflation is probably the way
we should judge the value of a piece of property. Appraisers do it in a
slightly different way based on what the market conditions really are.
I think this is probably a good deal for the country as a whole and a
fair price, and we should move forward with it.
Mr. UDALL of New Mexico. Mr. Speaker, I yield such time as he may
consume to the gentleman from California (Mr. George Miller), ranking
member on the Committee on Resources.
Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentleman
for yielding time to me, and I want to congratulate the gentleman from
New Mexico (Mr. Udall) and the gentlewoman from New Mexico (Mrs.
Wilson) for this legislation.
I think we would make a terrible mistake if we thought about this in
very narrow terms, if we thought about this simply as a matter of
dollars. Obviously, we have an obligation to think about the dollars
that we expend. This legislation is drafted with that in

[[Page H5806]]

mind, and the requirements for self-sufficiency.
We did this when we acquired the Presidio and created the national
park there after the Army left, in San Francisco. We did that because
we recognized that this was one of the unique natural assets in our
Nation.
Today we do the same thing with the Baca Ranch. It is not like we
discovered this ranch yesterday. It is not like people just all of a
sudden realized this was of value. People have recognized this as a
value, a natural asset in this country, for many, many years. We now
have the opportunity, through the cooperation of the family, to make
this a part of our Federal land base, a land base that is envied around
the world; a land base that, as many will find with the Baca Ranch, in
many ways become economic generators to communities because tourists
want to see these protected lands, whether it is the headwaters of the
rivers or whether it is the great valleys of this ranch or the
wildlife.
Fortunately, this Nation, this Congress, and Presidents of both
parties have continued to acquire these lands. It is not to acquire
them willy-nilly, it is to acquire them based upon a set of values and
a set of assets that are unique, that are important to the history and
the heritage of this country.
Clearly the Baca Ranch qualifies in every category, however we
measure it. But if we thought about it in very narrow terms, we
probably never would have done Yosemite, we never would have created
the Tetons, Yellowstone, Arches, the Gateways, any of these great
national parks and wilderness areas and Federal preserves in this
country. This is to protect it for future generations.
That is what we have done best in this country. That is why other
governments send people here to look at this and to see how they can
manage lands and open them up for recreation, how we can have the
public participate in the utilization of these lands, and at the same
time protect them for future generations.
I would hope that this House would give overwhelming support for this
legislation. This is truly one of the gifts we give this Nation to be
enjoyed by future generations, to preserve and protect the uniqueness
of this ranch which was fortunately held in one ownership for so many
years, and cared for in the manner in which it was cared for.
The House ought to recognize that and support this legislation, and
thank our two colleagues from New Mexico for getting this matter before
the House of Representatives, and thank the gentleman from Utah (Mr.
Hansen) for his stewardship of this legislation through the Committee
on Resources.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I just wanted to thank a few people that have been
involved in this. Clearly, the gentlewoman from New Mexico (Mrs.
Wilson) has shown leadership in getting this through the House.
The gentleman from Utah (Chairman Hansen), I want to thank him for
his stewardship and his ability to pull it together and move this thing
along. People have been waiting a long time in New Mexico, and we owe a
debt of gratitude to the gentleman for working very hard on this bill.
I know the gentleman worked very closely with the ranking member, the
gentleman from California (Mr. George Miller) to get this to the floor,
and I want to thank the gentleman from California for his excellent
leadership in negotiating this bill through the rocky shoals of the
House.
I also want to thank the New Mexico delegation, Senator Domenici,
Senator Bingaman, the gentleman from New Mexico (Mr. Skeen), who
earlier chaired that appropriations bill through and who has been a
really fine Member from New Mexico. The entire delegation pulled
together on this issue to try to see that it got done, and today we are
getting very, very close.
Also, I would like to thank the Members of the Committee staff who
have worked with me and the ranking member, the gentleman from
California (Mr. George Miller): Rick Healy, John Lawrence, David
Watkins, and all the others who have worked with us.
I think this is a great example of bipartisanship. It is the House at
its best, and I am very proud to be part of this effort.
Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I, too, would like to thank the gentleman from New
Mexico (Mr. Udall) and the gentlewoman from New Mexico (Mrs. Wilson)
for the fine job they have done on this legislation.
I had the opportunity of going to the Baca Ranch a couple of years
ago with the gentleman from Ohio (Mr. Regula). It is one of the more
beautiful places on Earth. It is one of the most outstanding places to
see.
I would hope that many Americans could now take advantage of seeing
this ground that has previously been closed for a number of years. It
is a lot of money, I realize, but I really think this would be a great
addition to the West.
Mr. Speaker, I urge support of this legislation, and I yield back the
balance of my time.
The SPEAKER pro tempore (Mr. Simpson). The question is on the motion
offered by the gentleman from Utah (Mr. Hansen) that the House suspend
the rules and pass the Senate bill, S. 1892.
The question was taken.
Mr. DUNCAN. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

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