[Congressional Record (Bound Edition), Volume 146 (2000), Part 10]
[House]
[Pages 13791-13800]
[From the U.S. 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
       (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.

[[Page 13792]]

       (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 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

[[Page 13793]]

       (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.
       (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.

[[Page 13794]]

       (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, 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

[[Page 13795]]

     (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;
       (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

[[Page 13796]]

     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--

[[Page 13797]]

       (1) contains a hazardous substances or is otherwise 
     contaminated; or
       (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. 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

[[Page 13798]]

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 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.

[[Page 13799]]

  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.
  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.

[[Page 13800]]

  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 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.

                          ____________________