[Congressional Record Volume 157, Number 36 (Thursday, March 10, 2011)]
[Senate]
[Pages S1563-S1565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Udall of New Mexico):
  S. 564. A bill to designate the Valles Caldera National Preserve as a 
unit of the National Park System, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to reintroduce legislation 
that would transfer administrative jurisdiction of the Valles Caldera 
National Preserve from the Valles Caldera Trust to the National Park 
Service. I am pleased that my colleague from New Mexico, Tom Udall, is 
again a cosponsor of this bill.
  For those not familiar with this area, the Valles Caldera in Northern 
New Mexico is one of only three supervolcanoes in the United States, 
the other two being Yellowstone, WY, and Long Valley, CA. Spanning more 
than 100,000 acres, the caldera contains lush and expansive grassland 
valleys, ponderosa pines in the foothills and mixed conifer forests in 
the higher elevations of the volcanic domes and peaks. Numerous 
cultural and archaeological sites are scattered throughout the 
landscape that provides quality habitat to elk, trout, golden and bald 
eagles, and myriad other species. In 1975, the Valles Caldera received 
formal recognition as an outstanding and nationally significant 
geologic resource when it was designated a National Natural Landmark.
  More recently in 2000, the Valles Caldera Preservation Act authorized 
the Federal Government to acquire the property and established the 
Valles Caldera Trust--an independent government corporation led by a 
board of trustees appointed by the President whose mission is to 
provide for public access and protection of the Preserve's natural and 
cultural resources. The Trust is also directed to manage the Preserve 
in a manner that would achieve financial self-sustainability after 
fifteen years.
  While the individual board members have done their best to fulfill 
the original legislative directives, time has shown in my opinion that 
this management framework is not the best suited for the long-term 
management of the Preserve. These issues have been laid out at length 
in two GAO reports, during the hearing we held on this legislation in 
the 111th Congress, and in previous statements I have made on the 
subject.
  In weighing the various alternatives, the conclusion was reached that 
management by the National Park Service--an agency with a mission of 
protecting natural, historic, and cultural resources while also 
providing for public enjoyment of those resources--is more appropriate 
for the long-term future of the Valles Caldera. In my view, it would 
also best serve the public's desire for increased public access, 
balanced with the need to protect and interpret the Preserve's unique 
cultural and natural resources.
  Senator Udall and I first introduced this legislation during the 
111th Congress, during which time the bill received a hearing in the 
Committee on Energy and Natural Resources and was reported out 
favorably by that Committee. The reported legislation, which is what we 
are introducing today, incorporated the many comments we received 
during the hearing process. This includes improvements to the 
provisions on hunting and fishing and cattle grazing as well as changes 
made based on recommendations by tribal governments. Other stakeholder 
comments, including those from the friends group, Los Amigos de Valles 
Caldera, led to modifications that will ensure the ecological 
restoration of the Preserve remains a priority under Park Service 
management. I also appreciated the valuable comments we received from 
the staff at the Valles Caldera Trust who remain steadfast in their 
commitment to the highest management standards at the Preserve.
  Beyond these changes, however, the original framework and intent of 
the legislation remains the same. The existing character of the 
Preserve would be maintained and protections for tribal cultural and 
religious sites would be strengthened. The Park Service would manage 
the Preserve to protect and preserve its natural and cultural 
resources, while increasing public access and continuing to permit 
hunting and fishing and grazing. The National Park Service would also 
establish a science and education program similar to the highly 
successful program created by the Trust.
  While the full Senate was unable to take action on this bill during 
the last Congress, I remain hopeful that we will find an opportunity 
during this one to bring it before the Senate for consideration. Public 
support in my State remains very high for the Park Service to manage 
this unique resource, and it is my hope that the enactment of this 
legislation will allow more Americans as well as future generations to 
enjoy this special place.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 564

       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 National 
     Preserve Management Act''.

[[Page S1564]]

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Eligible employee.--The term ``eligible employee'' 
     means a person who was a full-time or part-time employee of 
     the Trust during the 180-day period immediately preceding the 
     date of enactment of this Act.
       (2) Fund.--The term ``Fund'' means the Valles Caldera Fund 
     established by section 106(h)(2) of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v-4(h)(2)).
       (3) Preserve.--The term ``Preserve'' means the Valles 
     Caldera National Preserve in the State.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of New 
     Mexico.
       (6) Trust.--The term ``Trust'' means the Valles Caldera 
     Trust established by section 106(a) of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v-4(a)).

     SEC. 3. VALLES CALDERA NATIONAL PRESERVE.

       (a) Designation as Unit of the National Park System.--To 
     protect, preserve, and restore the fish, wildlife, watershed, 
     natural, scientific, scenic, geologic, historic, cultural, 
     archaeological, and recreational values of the area, the 
     Valles Caldera National Preserve is designated as a unit of 
     the National Park System.
       (b) Management.--
       (1) Applicable law.--The Secretary shall administer the 
     Preserve in accordance with--
       (A) this Act; and
       (B) the laws generally applicable to units of the National 
     Park System, including--
       (i) the National Park Service Organic Act (16 U.S.C. 1 et 
     seq.); and
       (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) Management coordination.--The Secretary may coordinate 
     the management and operations of the Preserve with the 
     Bandelier National Monument.
       (3) Management plan.--
       (A) In general.--Not later than 3 fiscal years after the 
     date on which funds are made available to implement this 
     subsection, the Secretary shall prepare a management plan for 
     the Preserve.
       (B) Applicable law.--The management plan shall be prepared 
     in accordance with--
       (i) section 12(b) of Public Law 91-383 (commonly known as 
     the ``National Park Service General Authorities Act'') (16 
     U.S.C. 1a-7(b)); and
       (ii) any other applicable laws.
       (C) Consultation.--The management plan shall be prepared in 
     consultation with--
       (i) the Secretary of Agriculture;
       (ii) State and local governments;
       (iii) Indian tribes and pueblos, including the Pueblos of 
     Jemez, Santa Clara, and San Ildefonso; and
       (iv) the public.
       (c) Acquisition of Land.--
       (1) In general.--The Secretary may acquire land and 
     interests in land within the boundaries of the Preserve by--
       (A) purchase with donated or appropriated funds;
       (B) donation; or
       (C) transfer from another Federal agency.
       (2) Administration of acquired land.--On acquisition of any 
     land or interests in land under paragraph (1), the acquired 
     land or interests in land shall be administered as part of 
     the Preserve.
       (d) Science and Education Program.--
       (1) In general.--The Secretary shall--
       (A) until the date on which a management plan is completed 
     in accordance with subsection (b)(3), carry out the science 
     and education program for the Preserve established by the 
     Trust; and
       (B) beginning on the date on which a management plan is 
     completed in accordance with subsection (b)(3), establish a 
     science and education program for the Preserve that--
       (i) allows for research and interpretation of the natural, 
     historic, cultural, geologic and other scientific features of 
     the Preserve;
       (ii) provides for improved methods of ecological 
     restoration and science-based adaptive management of the 
     Preserve; and
       (iii) promotes outdoor educational experiences in the 
     Preserve.
       (2) Science and education center.--As part of the program 
     established under paragraph (1)(B), the Secretary may 
     establish a science and education center outside the 
     boundaries of the Preserve.
       (e) Grazing.--The Secretary may allow the grazing of 
     livestock within the Preserve to continue--
       (1) consistent with this Act; and
       (2) to the extent the use furthers scientific research or 
     interpretation of the ranching history of the Preserve.
       (f) Fish and Wildlife.--Nothing in this Act affects the 
     responsibilities of the State with respect to fish and 
     wildlife in the State, except that the Secretary, in 
     consultation with the New Mexico Department of Game and 
     Fish--
       (1) shall permit hunting and fishing on land and water 
     within the Preserve in accordance with applicable Federal and 
     State laws; and
       (2) may designate zones in which, and establish periods 
     during which, no hunting or fishing shall be permitted for 
     reasons of public safety, administration, the protection of 
     wildlife and wildlife habitats, or public use and enjoyment.
       (g) Ecological Restoration.--
       (1) In general.--The Secretary shall undertake activities 
     to improve the health of forest, grassland, and riparian 
     areas within the Preserve, including any activities carried 
     out in accordance with title IV of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 7301 et seq.).
       (2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with adjacent pueblos to coordinate 
     activities carried out under paragraph (1) on the Preserve 
     and adjacent pueblo land.
       (h) Withdrawal.--Subject to valid existing rights, all land 
     and interests in land within the boundaries of the Preserve 
     are withdrawn from--
       (1) entry, disposal, or appropriation under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing laws, geothermal 
     leasing laws, and mineral materials laws.
       (i) Volcanic Domes and Other Peaks.--
       (1) In general.--Except as provided in paragraph (3), for 
     the purposes of preserving the natural, cultural, religious, 
     archaeological, and historic resources of the volcanic domes 
     and other peaks in the Preserve described in paragraph (2) 
     within the area of the domes and peaks above 9,600 feet in 
     elevation or 250 feet below the top of the dome, whichever is 
     lower--
       (A) no roads or buildings shall be constructed; and
       (B) no motorized access shall be allowed.
       (2) Description of volcanic domes.--The volcanic domes and 
     other peaks referred to in paragraph (1) are--
       (A) Redondo Peak;
       (B) Redondito;
       (C) South Mountain;
       (D) San Antonio Mountain;
       (E) Cerro Seco;
       (F) Cerro San Luis;
       (G) Cerros Santa Rosa;
       (H) Cerros del Abrigo;
       (I) Cerro del Medio;
       (J) Rabbit Mountain;
       (K) Cerro Grande;
       (L) Cerro Toledo;
       (M) Indian Point;
       (N) Sierra de los Valles; and
       (O) Cerros de los Posos.
       (3) Exception.--Paragraph (1) shall not apply in cases in 
     which construction or motorized access is necessary for 
     administrative purposes (including ecological restoration 
     activities or measures required in emergencies to protect the 
     health and safety of persons in the area).
       (j) Traditional Cultural and Religious Sites.--
       (1) In general.--The Secretary, in consultation with Indian 
     tribes and pueblos, shall ensure the protection of 
     traditional cultural and religious sites in the Preserve.
       (2) Access.--The Secretary, in accordance with Public Law 
     95-341 (commonly known as the ``American Indian Religious 
     Freedom Act'') (42 U.S.C. 1996)--
       (A) shall provide access to the sites described in 
     paragraph (1) by members of Indian tribes or pueblos for 
     traditional cultural and customary uses; and
       (B) may, on request of an Indian tribe or pueblo, 
     temporarily close to general public use 1 or more specific 
     areas of the Preserve to protect traditional cultural and 
     customary uses in the area by members of the Indian tribe or 
     pueblo.
       (3) Prohibition on motorized access.--The Secretary shall 
     maintain prohibitions on the use of motorized or mechanized 
     travel on Preserve land located adjacent to the Santa Clara 
     Indian Reservation, to the extent the prohibition was in 
     effect on the date of enactment of this Act.
       (k) Caldera Rim Trail.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Agriculture, affected Indian tribes and 
     pueblos, and the public, shall study the feasibility of 
     establishing a hiking trail along the rim of the Valles 
     Caldera on--
       (A) land within the Preserve; and
       (B) National Forest System land that is adjacent to the 
     Preserve.
       (2) Agreements.--On the request of an affected Indian tribe 
     or pueblo, the Secretary and the Secretary of Agriculture 
     shall seek to enter into an agreement with the Indian tribe 
     or pueblo with respect to the Caldera Rim Trail that provides 
     for the protection of--
       (A) cultural and religious sites in the vicinity of the 
     trail; and
       (B) the privacy of adjacent pueblo land.
       (l) Valid Existing Rights.--Nothing in this Act affects 
     valid existing rights.

     SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.

       (a) In General.--Administrative jurisdiction over the 
     Preserve is transferred from the Secretary of Agriculture and 
     the Trust to the Secretary, to be administered as a unit of 
     the National Park System, in accordance with section 3.
       (b) Exclusion From Santa Fe National Forest.--The 
     boundaries of the Santa Fe National Forest are modified to 
     exclude the Preserve.
       (c) Interim Management.--
       (1) Memorandum of agreement.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary and the 
     Trust shall enter into a memorandum of agreement to 
     facilitate the orderly transfer to the Secretary of the 
     administration of the Preserve.
       (2) Existing management plans.--Notwithstanding the repeal 
     made by section 5(a), until the date on which the Secretary

[[Page S1565]]

     completes a management plan for the Preserve in accordance 
     with section 3(b)(3), the Secretary may administer the 
     Preserve in accordance with any management activities or 
     plans adopted by the Trust under the Valles Caldera 
     Preservation Act (16 U.S.C. 698v et seq.), to the extent the 
     activities or plans are consistent with section 3(b)(1).
       (3) Public use.--The Preserve shall remain open to public 
     use during the interim management period, subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (d) Valles Caldera Trust.--
       (1) Termination.--The Trust shall terminate 180 days after 
     the date of enactment of this Act unless the Secretary 
     determines that the termination date should be extended to 
     facilitate the transitional management of the Preserve.
       (2) Assets and liabilities.--
       (A) Assets.--On termination of the Trust--
       (i) all assets of the Trust shall be transferred to the 
     Secretary; and
       (ii) any amounts appropriated for the Trust shall remain 
     available to the Secretary for the administration of the 
     Preserve.
       (B) Assumption of obligations.--
       (i) In general.--On termination of the Trust, the Secretary 
     shall assume all contracts, obligations, and other 
     liabilities of the Trust.
       (ii) New liabilities.--

       (I) Budget.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary and the Trust shall 
     prepare a budget for the interim management of the Preserve.
       (II) Written concurrence required.--The Trust shall not 
     incur any new liabilities not authorized in the budget 
     prepared under subclause (I) without the written concurrence 
     of the Secretary.

       (3) Personnel.--
       (A) Hiring.--The Secretary and the Secretary of Agriculture 
     may hire employees of the Trust on a noncompetitive basis for 
     comparable positions at the Preserve or other areas or 
     offices under the jurisdiction of the Secretary or the 
     Secretary of Agriculture.
       (B) Salary.--Any employees hired from the Trust under 
     subparagraph (A) shall be subject 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.
       (C) Interim retention of eligible employees.--For a period 
     of not less than 180 days beginning on the date of enactment 
     of this Act, all eligible employees of the Trust shall be--
       (i) retained in the employment of the Trust;
       (ii) considered to be placed on detail to the Secretary; 
     and
       (iii) subject to the direction of the Secretary.
       (D) Termination for cause.--Nothing in this paragraph 
     precludes the termination of employment of an eligible 
     employee for cause during the period described in 
     subparagraph (C).
       (4) Records.--The Secretary shall have access to all 
     records of the Trust pertaining to the management of the 
     Preserve.
       (5) Valles caldera fund.--
       (A) In general.--Effective on the date of enactment of this 
     Act, the Secretary shall assume the powers of the Trust over 
     the Fund.
       (B) Availability and use.--Any amounts in the Fund as of 
     the date of enactment of this Act shall be available to the 
     Secretary for use, without further appropriation, for the 
     management of the Preserve.

     SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT.

       (a) Repeal.--On the termination of the Trust, the Valles 
     Caldera Preservation Act (16 U.S.C. 698v et seq.) is 
     repealed.
       (b) Effect of Repeal.--Notwithstanding the repeal made by 
     subsection (a)--
       (1) the authority of the Secretary of Agriculture to 
     acquire mineral interests under section 104(e) of the Valles 
     Caldera Preservation Act (16 U.S.C. 698v-2(e)) is transferred 
     to the Secretary and any proceeding for the condemnation of, 
     or payment of compensation for, an outstanding mineral 
     interest pursuant to the transferred authority shall 
     continue;
       (2) the provisions in section 104(g) of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v-2(g)) relating to the Pueblo 
     of Santa Clara shall remain in effect; and
       (3) the Fund shall not be terminated until all amounts in 
     the Fund have been expended by the Secretary.
       (c) Boundaries.--The repeal of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v et seq.) shall not affect 
     the boundaries as of the date of enactment of this Act 
     (including maps and legal descriptions) of--
       (1) the Preserve;
       (2) the Santa Fe National Forest (other than the 
     modification made by section 4(b));
       (3) Bandelier National Monument; and
       (4) any land conveyed to the Pueblo of Santa Clara.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  Mr. UDALL of New Mexico. Mr. President, today I join Senator Bingaman 
in reintroducing a bill to designate the Valles Caldera National 
Preserve in New Mexico as a unit of the National Park System. The 
Valles Caldera is one of the largest volcanic calderas in the world. 
The vast grass-filled valleys, forested hillsides, and numerous 
volcanic peaks make the area a treasure to New Mexico, and a landscape 
of national significance millions of years in the making. It is 
appropriate that an area of such value be protected in perpetuity as a 
unit of the National Park Service.
  Around 1.5 million years ago a series of explosive rhyolitic 
eruptions created the massive caldera and dropped hundreds of meters of 
volcanic ash for miles. This volcanic activity gave the Pajarito 
Plateau its distinctive cliffs of pink and white tuff overlaying the 
black basalts of the Rio Grande Rift.
  In the millennia following the caldera's explosive creation, erosion 
and weathering carved vibrant canyons and left pinion-topped mesas 
stretching like fingers away from the massive crater. In time, magma 
and water drained from the great valley, and a diversity of plants and 
wildlife took their place. With such resources and natural beauty, it 
is no wonder that for millennia people have also been an integral part 
of the Valles Caldera.
  For the Pueblo Tribes of northern New Mexico, the Valles Caldera has 
been a part of life from time immemorial. The continued cultural and 
religious significance of the area must and will be respected and 
protected as the preserve moves into the management of the National 
Park Service.
  Private ownership of the Caldera began with Spanish settlers who 
introduced livestock to the grassy valleys that continue to fatten elk 
and cattle in the summer months. After a series of owners managed the 
caldera, the Federal Government finally purchased the area in 2000 
through the Valles Caldera Preservation Act, which I was proud to help 
shepherd through Congress with Senator Bingaman and then-Senator 
Domenici. The subsequent creation of the Valles Caldera National 
Preserve included the establishment of a board of directors and the 
Valles Caldera Trust to manage the area, and mandates for stakeholder 
involvement and eventual financial self-sufficiency of the Trust.
  I applaud the decade of work that both the Board of Trustees and the 
Valles Caldera Trust have dedicated to the preserve. The exceptional 
dedication of Caldera employees has led to the creation of a robust 
science and research program, to the development of incredible 
educational opportunities for visiting schools and universities, to a 
restoration of natural resources, and to an expansion of cutting-edge 
scientific research.
  Since 1939, the National Park Service has deemed the area of 
significant national value because of its unique and unaltered geology, 
and its singular setting, which are conducive to public recreation, 
reflection, education, and research. By utilizing the resources and 
skills within the National Park Service, I believe the Valles Caldera 
National Preserve will continue to prosper as a natural wonder full of 
significant geology, ecology, history, and culture.
  The bill that we introduce today reflects the comments and proposals 
that emerged through a successful committee process on a similar bill 
that Senator Bingaman and I introduced last year. In September 2010, 
the Committee on Energy and Natural Resources reported the bill out 
favorably, and it is my hope that the Committee will act quickly to 
move this reintroduced bill to the Senate floor for a vote. I look 
forward to working with Senator Bingaman and all of the stakeholders 
who care about the future of this preserve to complete our efforts to 
establish Park Service management of the preserve.

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