[Congressional Record Volume 151, Number 155 (Tuesday, December 6, 2005)]
[House]
[Pages H11045-H11046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                VALLES CALDERA PRESERVATION ACT OF 2005

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 212) to amend the Valles Caldera Preservation Act to 
improve the preservation of the Valles Caldera, and for other purposes.
  The Clerk read 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

[[Page H11046]]

     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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentleman from Colorado (Mr. Udall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may 
consume.
  S. 212 was introduced by Senators Domenici and Bingaman to improve 
the management of the Valles Caldera National Preserve. In 2000, 
Congress passed the Valles Caldera Preservation Act, which acquired the 
Baca Ranch and directed the Secretary of Agriculture to manage it as a 
preserve.
  While mostly successful, there have been some challenges to 
implementing the law. As a result, S. 212 was introduced to address 
these challenges and clarify the original intent of the act. 
Furthermore, it will ensure that the act is fully implemented in a 
cost-efficient manner.
  I support this important legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of Colorado. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. UDALL of Colorado asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of Colorado. Mr. Speaker, my good friend from California 
has already explained the purpose of Senate bill 212, which is a 
Senate-passed measure dealing with a conservation unit located in the 
district of the gentleman from New Mexico (Mr. Udall), my colleague and 
cousin.
  The Valles Caldera National Preserve, formerly known as the Baca 
Ranch, was authorized by Congress in 2000 to preserve certain natural, 
cultural, and recreational resources through a unique management 
arrangement. Since its establishment, the preserve has undergone some 
growing pains, which the provisions of S. 212 are intended to help 
address.
  I want to commend the gentleman from New Mexico (Mr. Udall) for his 
work and active support in helping to see that the Valles Caldera 
National Preserve achieves the purposes for which it was established.
  Mr. Speaker, we support Senate bill 212 and urge adoption of the 
legislation by the House today.
  Mr. Speaker, I yield so much time as he may consume to the gentleman 
from the great State of New Mexico (Mr. Udall), my cousin.
  Mr. UDALL of New Mexico. Mr. Speaker, I appreciate the gentleman from 
Colorado yielding.
  I rise today in support of the Valles Caldera Preservation Act of 
2005. The original Valles Caldera Preservation Act was enacted in the 
106th Congress and was signed into law on July 25, 2000.
  This act directed the Forest Service to acquire the private Baca 
Ranch in northern New Mexico, which comprises nearly 95,000 acres. The 
United States acquired the entire surface estate and an undivided 87\1/
2\ percent of the mineral estate. Third parties currently hold the 
outstanding 12\1/2\ percent of the mineral interest.
  The original act directed the Forest Service to negotiate with the 
outstanding mineral interest owners for the acquisition of their 
interests. Unfortunately, there is a sizeable difference in what the 
Forest Service and the mineral rights owners believe to be the fair 
market value of the outstanding mineral interests; and for the past 5 
years, there has been no significant effort to resolve the problem.
  I believe that Senate bill 212, sponsored by Senators Domenici and 
Bingaman, and passed by the other Chamber on July 26, 2005, provides a 
reasonable method for resolving the differences in a timely fashion 
through a condemnation process. The outstanding mineral interest owners 
have advised each of us that they are in full support of the Senate 
bill.
  The Senate bill, in addition to addressing the outstanding mineral 
interests, also addresses several issues that have been raised with 
respect to the administration of the trust. It is my belief that the 
bill appropriately provides for concerns of the Valles Caldera trust 
and the administration of the Baca Ranch in furthering the purposes for 
which these lands were acquired 4 years ago.
  I urge my colleagues to support Senate bill 212, the Valles Caldera 
Preservation Act of 2005.
  Mr. UDALL of Colorado. Mr. Speaker, I have no additional speakers, 
and I yield back the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the Senate bill, S. 212.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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