[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9327-S9328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                VALLES CALDERA PRESERVATION ACT OF 2004

  The Senate proceeded to consider the bill (S. 1582) to amend the 
Valles Caldera Preservation Act to improve the perservation of the 
Valles Caldera, and for other purposes, which had been reported from 
the Committee on Energy and Natural Resources, with an amendment, to 
strike all after the enacting clause and insert in lieu thereof the 
following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                S. 1582

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

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Valles Caldera Preservation 
     Act of 2003''.

     [SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

       [(a) Trust Employment.--Section 106(d) of the Valles 
     Caldera Preservation Act (16 U.S.C. 698v-4(d)) is amended--
       [(1) in paragraph (1)--
       [(A) by striking ``The Trust'' and inserting the following:
       [``(A) Appointment.--The Trust'';
       [(B) by inserting after the first sentence the following:
       [``(B) Contract or employment agreement.--Employees of the 
     Trust may be employed under an employment agreement, the 
     terms and conditions of which shall be determined by the 
     Trust subject to this subsection.''; and
       [(C) by striking ``No employee'' and inserting the 
     following:
       [``(C) Maximum compensation.--No employee''; and
       [(2) in paragraph (2)--
       [(A) in subparagraph (A), by striking ``shall'' each place 
     it appears and inserting ``may''; and
       [(B) by adding at the end the following:
       [``(C) Eligibility for competitive service.--
       [``(i) In general.--An employee of the Trust shall not be 
     precluded from consideration for a position in the 
     competitive service that is open to other Federal employees.
       [``(ii) Classification and pay rate.--In considering an 
     employee of the Trust for a position in the competitive 
     service under clause (i), the employing agency shall consider 
     a position with the Trust to be comparable in classification 
     and General Schedule pay rates to a similar position in the 
     competitive service.''.
       [(b) Obligations and Expenditures.--Section 106(e) of the 
     Valles Caldera Preservation Act (16 U.S.C. 698v-4(e)) is 
     amended by adding at the end the fsollowing:
       [``(4) Obligations and expenditures.--Subject to the laws 
     applicable to Government corporations, the Trust shall 
     determine--
       [``(A) the character of, and the necessity for, any 
     obligations and expenditures of the Trust; and
       [``(B) the manner in which obligations and expenditures 
     shall be incurred, allowed, and paid.''.
       [(c) Solicitation of Donations.--Section 106(g) of the 
     Valles Caldera Preservation Act (16 U.S.C. 698v-4(g)) is 
     amended by striking ``The Trust may solicit'' and inserting 
     ``The members of the Board of Trustees and any employees of 
     the Trust designated by the Board of Trustees may solicit''.
       [(d) Use of Proceeds.--Section 106(h)(1) of the Valles 
     Caldera Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended 
     by striking ``subsection (g)'' and inserting ``subsection 
     (g), from claims, judgments, or settlements arising from 
     activities occurring on the Baca Ranch or the Preserve after 
     October 27, 1999,''.
       [(e) Claims and Judgments.--Section 106(j) of the Valles 
     Caldera Preservation Act (16 U.S.C. 698v-4(j)) is amended--
       [(1) in the first sentence, by striking ``The Trust'' and 
     inserting the following:
       [``(1) In general.--The Trust''; and
       [(2) by adding at the end the following:
       [``(2) Permanent judgment appropriation.--During any fiscal 
     year in which funds have been appropriated to the Trust or 
     the Secretary to carry out this title, the Trust shall not be 
     precluded from using the permanent judgment appropriation 
     under section 1304 of title 31, United States Code, for a 
     claim, judgment, or settlement against the Trust or the 
     Secretary in the name of the United States.''.

     [SEC. 3. BOARD OF TRUSTEES.

       [Section 107(e) of the Valles Caldera Preservation Act 
     (U.S.C. 698v-5(e)) is amended--
       [(1) in paragraph (2), by striking ``Trustees'' and 
     inserting ``Except as provided in paragraph (3), Trustees''; 
     and
       [(2) in paragraph (3)--
       [(A) by striking ``Trustees'' and inserting the following:
       [``(A) Selection.--Trustees''; and
       [(B) by adding at the end the following:
       [``(B) Compensation.--On request of the chair, the chair 
     may be compensated at a rate determined by the Board of 
     Trustees, but not to exceed the daily equivalent of the 
     annual rate of pay for level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, for each 
     day (including travel time) in which the chair is engaged in 
     the performance of duties of the Board of Trustees.
       [``(C) Maximum rate of pay.--The total amount of 
     compensation paid to the chair for a fiscal year under 
     subparagraph (B) shall not exceed 25 percent of the annual 
     rate of pay for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.''.

     [SEC. 4. RESOURCE MANAGEMENT.

       [(a) Property Disposal Limitations.--Section 108(c)(3) of 
     the Valles Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) 
     is amended--
       [(1) in the first sentence, by striking ``The Trust may not 
     dispose'' and inserting the following:
       [``(A) In general.--The Trust may not dispose'';
       [(2) in the second sentence, by striking ``The Trust'' and 
     inserting the following:
       [``(B) Maximum duration.--The Trust'';
       [(3) in the last sentence, by striking ``Any such'' and 
     inserting the following:
       [``(C) Termination.--The''; and
       [(4) by adding at the end the following:
       [``(D) Exclusions.--For the purposes of this paragraph, the 
     disposal of real property does not include the sale or other 
     disposal of forage, forest products, or marketable renewable 
     resources.''.
       [(b) Law Enforcement and Fire Management.--Section 108(g) 
     of the Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) 
     is amended--
       [(1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       [``(1) Law enforcement.--The Secretary'';
       [(2) in the second sentence, by striking ``The Trust'' and 
     inserting the following:
       [``(B) Federal agency.--The Trust''; and
       [(3) by striking ``At the request of the Trust'' and all 
     that follows through the end of the paragraph and inserting 
     the following:
       [``(2) Fire management.--To the extent generally authorized 
     at other units of the National Forest System, the Secretary 
     shall provide, under a cooperative agreement entered into 
     between the Secretary and the Trust--
       [``(A) fire suppression and rehabilitation services; and
       [``(B) wildland fire severity funding for extraordinary 
     fire preparedness.''.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Valles Caldera Preservation 
     Act of 2004''.

     SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

       (a) Acquisition of Outstanding Mineral Interests.--Section 
     104(e) of the Valles Caldera Preservation Act (16 U.S.C. 
     698v-2(e)) is amended--
       (1) by striking ``The acquisition'' and inserting the 
     following:
       ``(1) In general.--The acquisition'';
       (2) by striking ``The Secretary'' and inserting the 
     following:

[[Page S9328]]

       ``(2) Acquisition.--The Secretary'';
       (3) by striking ``on a willing seller basis'';
       (4) by striking ``Any such'' and inserting the following:
       ``(3) Administration.--Any such''; and
       (5) by adding at the end the following:
       ``(4) Available funds.--Any such interests shall be 
     acquired with available funds.
       ``(5) Declaration of taking.--
       ``(A) In general.--If negotiations to acquire the interests 
     are unsuccessful by the date that is 60 days after the date 
     of enactment of this paragraph, the Secretary shall acquire 
     the interests pursuant to section 3114 of title 40, United 
     States Code.
       ``(B) Source of funds.--Any difference between the sum of 
     money estimated to be just compensation by the Secretary and 
     the amount awarded shall be paid from the permanent judgment 
     appropriation under section 1304 of title 31, United States 
     Code.''.
       (b) Obligations and Expenditures.--Section 106(e) of the 
     Valles Caldera Preservation Act (16 U.S.C. 698v-4(e)) is 
     amended by adding at the end the following:
       ``(4) Obligations and expenditures.--Subject to the laws 
     applicable to Government corporations, the Trust shall 
     determine--
       ``(A) the character of, and the necessity for, any 
     obligations and expenditures of the Trust; and
       ``(B) the manner in which obligations and expenditures 
     shall be incurred, allowed, and paid.''.
       (c) Solicitation of Donations.--Section 106(g) of the 
     Valles Caldera Preservation Act (16 U.S.C. 698v-4(g)) is 
     amended by striking ``The Trust may solicit'' and inserting 
     ``The members of the Board of Trustees, the executive 
     director, and 1 additional employee of the Trust in an 
     executive position designated by the Board of Trustees or the 
     executive director may solicit''.
       (d) Use of Proceeds.--Section 106(h)(1) of the Valles 
     Caldera Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended 
     by striking ``subsection (g)'' and inserting ``subsection 
     (g), from claims, judgments, or settlements arising from 
     activities occurring on the Baca Ranch or the Preserve after 
     October 27, 1999,''.

     SEC. 3. BOARD OF TRUSTEES.

       Section 107(e) of the Valles Caldera Preservation Act 
     (U.S.C. 698v-5(e)) is amended--
       (1) in paragraph (2), by striking ``Trustees'' and 
     inserting ``Except as provided in paragraph (3), trustees''; 
     and
       (2) in paragraph (3)--
       (A) by striking ``Trustees'' and inserting the following:
       ``(A) Selection.--Trustees''; and
       (B) by adding at the end the following:
       ``(B) Compensation.--On request of the chair, the chair may 
     be compensated at a rate determined by the Board of Trustees, 
     but not to exceed the daily equivalent of the annual rate of 
     pay for level IV of the Executive Schedule under section 5315 
     of title 5, United States Code, for each day (including 
     travel time) in which the chair is engaged in the performance 
     of duties of the Board of Trustees.
       ``(C) Maximum rate of pay.--The total amount of 
     compensation paid to the chair for a fiscal year under 
     subparagraph (B) shall not exceed 25 percent of the annual 
     rate of pay for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.''.

     SEC. 4. RESOURCE MANAGEMENT.

       (a) Property Disposal Limitations.--Section 108(c)(3) of 
     the Valles Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) 
     is amended--
       (1) in the first sentence, by striking ``The Trust may not 
     dispose'' and inserting the following:
       ``(A) In general.--The Trust may not dispose'';
       (2) in the second sentence, by striking ``The Trust'' and 
     inserting the following:
       ``(B) Maximum duration.--The Trust'';
       (3) in the last sentence, by striking ``Any such'' and 
     inserting the following:
       ``(C) Termination.--The''; and
       (4) by adding at the end the following:
       ``(D) Exclusions.--For the purposes of this paragraph, the 
     disposal of real property does not include the sale or other 
     disposal of forage, forest products, or marketable renewable 
     resources.''.
       (b) Law Enforcement and Fire Management.--Section 108(g) of 
     the Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is 
     amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) Law enforcement.--
       ``(A) In general.--The Secretary'';
       (2) in the second sentence, by striking ``The Trust'' and 
     inserting the following:
       ``(B) Federal agency.--The Trust''; and
       (3) by striking ``At the request of the Trust'' and all 
     that follows through the end of the paragraph and inserting 
     the following:
       ``(2) Fire management.--
       ``(A) Non-reimbursable services.--
       ``(i) Development of plan.--The Secretary shall, in 
     consultation with the Trust, develop a plan to carry out fire 
     preparedness, suppression, and emergency rehabilitation 
     services on the Preserve.
       ``(ii) Consistency with management program.--The plan shall 
     be consistent with the management program developed pursuant 
     to subsection (d).
       ``(iii) Cooperative agreement.--To the extent generally 
     authorized at other units of the National Forest System, the 
     Secretary shall provide the services to be carried out 
     pursuant to the plan under a cooperative agreement entered 
     into between the Secretary and the Trust.
       ``(B) Reimbursable services.--To the extent generally 
     authorized at other units of the National Forest System, the 
     Secretary may provide presuppression and nonemergency 
     rehabilitation and restoration services for the Trust at any 
     time on a reimbursable basis.''.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1582), as amended, was read the third time and passed.

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