[Congressional Record (Bound Edition), Volume 146 (2000), Part 4]
[Senate]
[Pages 5809-5815]
[From the U.S. Government Publishing Office, www.gpo.gov]



                    VALLES CALDERA PRESERVATION ACT

  The Senate proceeded to consider the 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, which had been reported from the 
Committee on Energy and Natural Resources, with an amendment to strike 
all after the enacting clause and insert in lieu thereof the following:

          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.
       (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,

[[Page 5810]]

     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
       (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

[[Page 5811]]

     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.
       (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.

[[Page 5812]]

       (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 (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.

[[Page 5813]]



     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 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

[[Page 5814]]

     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--
       (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.).

[[Page 5815]]

       (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 Committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1892), as amended, was passed.
  The title was amended so as to read:

       A bill to provide for a land conveyance to the City of 
     Craig, Alaska, and for other purposes.

                          ____________________