[Congressional Record Volume 151, Number 7 (Monday, January 31, 2005)]
[Senate]
[Pages S657-S658]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 212. A bill to amend the Valles Caldera Preservation Act to 
improve the preservation of the Valles Caldera, and for other purposes; 
to the Committee on Foreign Relations.
  Mr. DOMENICI. Mr. President, in 2000 Congress established the Valles 
Caldera National Preserve, which is composed of approximately 89,000 
acres of spectacular land in northern New Mexico. The Preserve was 
created to protect and preserve the region's values and to provide the 
public with opportunities for the multiple use and sustained yield of 
its resources.
  Over the past 5 years, we have become aware of some simple changes in 
Federal policy that can be made to allow the Valles Caldera Trust and 
U.S. Forest Service to better address the issues facing the Valles 
Caldera Preserve. The bill that Senator Bingaman and I introduce today 
recognizes the need for those policy changes.
  The bill does the following: (1) Eliminates the ``willing seller 
basis'' so the Secretary of Agriculture can purchase the outstanding 
mineral interests of the Valles Caldera; (2) requires the Valles 
Caldera Trust to better manage its obligations and expenditures; (3) 
expands the category of people who can solicit and accept donations on 
the Trust's behalf; (4) allows monies received from claims relating to 
the Preserve to be used for costs incurred by the Trust; (5) provides a 
rate of compensation for the chairman of the Trust; (6) authorizes the 
Trust to dispose of marketable renewable resources; and (7) requires 
the Secretary

[[Page S658]]

of Agriculture to develop a fire safety plan for the Preserve.
  These are not vast changes; nor should they be controversial. They 
will, however, make an important difference to one of New Mexico's most 
pristine wilderness areas that is appreciated by New Mexico's visitors 
and natives alike.
  Because of the difference this legislation will make in New Mexico, I 
hope my colleagues will join with Senator Bingaman and me in approving 
the Valles Caldera Preservation Act of 2005.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 212

       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 2005''.

     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:
       ``(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.''.
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