[House Report 106-724]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-724

======================================================================



 
                    VALLES CALDERA PRESERVATION ACT

                                _______
                                

  July 11, 2000.--Committed to the Commitee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1892]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred 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, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 1892 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    Title I of S. 1892 authorizes the Secretary of Agriculture 
to acquire the Baca Ranch in New Mexico from its present 
owners. The bill also designates the property as the Valles 
Caldera National Preserve, and sets up an experimental 
management regime for its administration. The Baca Ranch, 
historically referred to as the Baca Location No. 1, is based 
on an 1860 Congressional land grant. It comprises approximately 
95,000 acres lying in the heart of the Jemez Mountains in 
northern New Mexico. Located near Los Alamos and within an 
hour's drive of Albuquerque and Santa Fe, the property is 
accessible to the large population centers in New Mexico.
    The Baca Ranch exhibits remarkable scenic beauty and 
contains exceptional wildlife and fisheries resources. The 
headwaters of the Jemez Wild and Scenic River originate on the 
Baca Ranch, as well as San Antonio Creek, both of which have 
outstanding fishery resources. Wildlife abounds on the Baca 
Ranch including the largest elk herd in the southwest. The 
ranch is large enough and exhibits such a wide variety of land 
forms that it can provide opportunities for both recreation and 
solitude. Portions of the Baca Ranch have special religious and 
cultural significance for Native Americans residing in the 
region.
    The land has a unique geological past. Over 1.2 million 
years ago, two major volcanic eruptions occurred, ejecting 
cubic miles of material into the atmosphere and creating the 
Valles Caldera, approximately 15 miles in diameter. The 
mountains surrounding the Valles Caldera rise to a height of 
3,000 feet above the valley floor. Hot springs, gas vents and 
volcanic domes are present day evidence of this volcanic 
activity.
    The Baca Ranch is one of the most significant privately-
owned inholdings within the National Forest System. It is 
surrounded by federal land including the Santa Fe National 
Forest, the Jemez National Recreation Area, and the Bandelier 
National Monument. The Baca ties these lands together in a 
common ecosystem, and the management of the Ranch will directly 
impact the public resources on adjacent lands.
    In 1993, with the Dunigan family's cooperation, the Forest 
Service conducted a study of the Ranch pursuant to the 
Congressional direction in Public Law 101-556. The 1993 study 
extensively examined the scenic, natural, recreational, and 
multiple use resources of the Baca Ranch, and provided the 
impetus for acquisition efforts when it became available for 
purchase in 1998. Congress appropriated $101 million in fiscal 
year 2000 for the purchase of the Baca Ranch subject to 
specific authorizing legislation and completion of an 
appraisal.
    Once acquired, the Baca Ranch will be administered as the 
Valles Caldera National Preserve. The Preserve will have many 
of the attributes of other Congressionally-designated areas 
designed to assure the protection of important scenic and 
natural values. More uniquely, S. 1892 requires management of 
the property by trust, and requires the acquired Baca Ranch to 
continue to be managed as an operating ranch. The trust 
management concept is intended to protect the unique values of 
the property and demonstrate sustainable land use including 
recreation, grazing, forest management, hunting, and fishing 
while maintaining scenic, wildlife and species diversity. While 
the goal of the trust will be to make the Ranch self-
sufficient, the legislation prohibits unreasonable diminishment 
of scenic and natural values of the property.
    Title II authorizes the Bureau of Land Management to 
improve land management activities and consolidate federal 
ownerships by selling parcels of federal land identified 
through the agency's land use planning process as suitable for 
disposal. Title II requires that eighty percent of the proceeds 
from the sales be used to acquire inholdings from willing 
sellers and other non-federal lands adjacent to designated 
areas to improve the resources management ability of the 
federal land management agencies. A portion of the proceeds 
generated from the sales will become available to the Bureau of 
Land Management to carry out the land disposal program.
    Section 109(a)(3) of the bill clarifies that the Secretary 
of Agriculture may continue to exercise his authority under the 
Federal Power Act, and authorizes the Secretary to exercise 
that authority ``in cooperation with the Trust.'' Under section 
4(e) of the Federal Power Act, the Secretary of Agriculture has 
authority to attach mandatory conditions to hydropower licenses 
issued by the Federal Energy Regulatory Commission. Section 
109(a)(3) should not be construed to grant the trust any 
authority to attach mandatory conditions to hydropower licenses 
or require the Secretary to get the trust's consent to exercise 
the Secretary's conditioning authority under the Federal Power 
Act.
    For further information about this bill, please see Senate 
Report 106-267.
    The companion bill to S. 1892 is H.R. 3288, introduced by 
Congresswoman Heather Wilson (R-NM).

                            COMMITTEE ACTION

    S. 1892 was introduced on November 9, 1999, by Senator 
Peter Domenici (R-NM). The Senate passed the measure on April 
13, 2000, by unanimous consent. The bill was referred to the 
Resources Committee and within the Committee to the 
Subcommittee on National Parks and Public Lands, and the 
Subcommittee on Forests and Forest Health. On May 11, 2000, the 
Full Committee held a hearing on the bill. On May 24, 2000, the 
Full Resources Committee met to consider S. 1892. Both 
Subcommittees were discharged from further consideration of the 
bill by unanimous consent. No amendments were offered and the 
bill was then ordered favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of this 
bill will both increase and decrease direct spending.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 31, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1892, an act 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 of other 
purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Megan Carroll (for federal costs), and Victoria Heid 
Hall (for the state and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1892--An act 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

    Summary: Assuming appropriation of the necessary amounts, 
CBO estimates that implementing S. 1892 would cost the federal 
government between $6 million and $10 million over the next 
five years. S. 1892 would also affect direct spending; 
therefore pay-as-you-go procedures would apply. CBO estimates 
that enacting this legislation would reduce net direct spending 
by about $1 million over the 2001-2005 period, but would 
increase net direct spending by about $15 million over the 
2001-2010 period.
    S. 1892 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no significant costs on state, local, or 
tribal governments. The act could benefit states and the Pueblo 
of Santa Clara.
    Major provisions of the act: Title I would authorize the 
acquisition of the Baca Ranch, a 94,761-acre property in New 
Mexico. This title also would:
           Establish, upon acquisition of the ranch, 
        the Valles Caldera National Preserve as a unit of the 
        National Forest System;
           Establish the Valles Caldera trust, board of 
        trustees, and fund for administration of the preserve;
           Allow the Forest Service and the Valles 
        Caldera trust (a federal government entity) to collect 
        and spend donations, recreation fees and other charges 
        for use of the ranch; and
           Authorize the appropriation of whatever sums 
        are necessary to operate the ranch over the next 15 
        years.
    Title II would authorize a 10-year program to allow the 
Secretary of the Interior and the Secretary of Agriculture to 
sell certain federal lands identified for disposal and use the 
net proceeds to acquire nonfederal lands.
    Estimated cost to the Federal Government: The estimated 
impact of S. 1892 on direct spending is shown in the following 
table. In addition, CBO estimates that implementing S. 1892 
would cost $6 million to $10 million over the 2001-2005 period, 
subject to appropriation of the necessary funds, to operate the 
ranch and build a visitors' center. The costs of this 
legislation fall within budget function 300 (natural resources 
and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Additional Receipts From Sale of Federal Lands:
    Estimated Budget Authority.....................................       -2       -3       -5       -8       -9
    Estimated Outlays..............................................       -2       -3       -5       -8       -9
Increase in Direct Spending:
    Estimated Budget Authority.....................................        1        1        6        8       10
    Estimated Outlays..............................................        1        1        6        8       10
Net Change in Direct Spending:
    Estimated Budget Authority.....................................       -1       -2        1        0        1
    Estimated Outlays..............................................       -1       -2        1        0        1
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For purposes of this estimate, CBO 
assumes that S. 1892 will be enacted before the end of fiscal 
year 2000. Estimates for the cost of title I are based on 
information provided by the Forest Service and the current 
manager of the Baca Ranch. Estimates for the cost of title II 
are based on information from the Bureau of Land Management 
(BLM).

Direct spending

    Title I would authorize the Forest Service and the Valles 
Caldera trust to collect and spend donations and fees from the 
use of the ranch. CBO estimates that net direct spending in 
each fiscal year as a result of this provision would not be 
significant. Most of this spending would be to manage grazing, 
hunting, and other public uses of the land, which we estimate 
would cost about $2 million annually. This amount would be 
offset by grazing, hunting, and recreation fees, most of which 
the Forest Service or the trust would begin collecting 
immediately.
    Under current law, net receipts of about $1.5 million 
annually from the sale of certain public land administered by 
the Departments of Agriculture and the Interior are deposited 
in the Treasury and are unavailable for spending without 
appropriation. Title II would authorize BLM and the Forest 
Service to retain those net proceeds and spend them to acquire 
nonfederal lands within or adjacent to federal property over 
the next 10 years. Based on information from BLM, CBO expects 
that BLM land sales would increase under this legislation, 
generating about $27 million in additional offsetting receipts 
over the 2001-2005 period. Those sales receipts would be 
largely offset by a corresponding increase in direct spending 
of $26 million over the same period to purchase new lands. Over 
the next 10 years, CBO estimates that this provision would 
result in additional net direct spending of about $15 million 
because it would allow spending of land sale receipts expected 
under current law.

Spending subject to appropriation

    CBO estimates that the Forest Service would operate the new 
preserve at a cost of about $1 million annually including 
payments to local governments in lieu of property taxes. We 
expect that the agency also would purchase the subsurface 
rights to this property, construct visitor facilities, and 
upgrade some roads. We estimate that these costs would be 
between $1 million and $5 million over the next few years, 
depending on the level of visitor facilities provided and the 
final appraisal of subsurface interests. We estimate that 
purchase of the ranch would not have any additional cost beyond 
the $101 million already appropriated for that purpose in 1999.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The net 
changes in outlays that are subject to pay-as-you-go procedures 
are shown in the following table. For the purposes of enforcing 
pay-as-you-go procedures, only the effects in the current year, 
the budget year, and the succeeding four years are counted.

----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year, in millions of dollars--
                                    ----------------------------------------------------------------------------
                                      2000   2001   2002   2003   2004   2005   2006   2007   2008   2009   2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays.................      0     -1     -2      1      0      1      2      3      3      4      4
Changes in receipts................                                 Not applicable
----------------------------------------------------------------------------------------------------------------

    Estimated impact on state, local, and tribal governments: 
S. 1892 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Title I would authorize the Secretary of Agriculture to 
assign to the Pueblo of Santa Clara rights to purchase a 
portion of the Baca Ranch from the current owners. The portions 
of the ranch assigned would be by the mutual agreement of the 
Secretary and the Pueblo. Lands acquired by the pueblo would be 
deemed transferred into trust in the name of the United States 
for the benefit of the pueblo and declared part of the existing 
Santa Clara Indian Reservation. Any acquisitions by the Pueblo 
of Santa Clara would be voluntary.
    CBO estimates that enacting title II would increase federal 
payments to states by a total of about $1 million over the 
2001-2005 period. Under current law, states receive a 
percentage of the proceeds from certain land sold within their 
boundaries. Enacting title II would likely increase the amount 
of federal land sold, thereby benefitting the states receiving 
a portion of the proceeds.
    Estimated impact on the private sector: This legislation 
contains no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On April 11, 2000, CBO transmitted a 
cost estimate for S. 1892 as ordered reported by the Senate 
Committee on Energy and Natural Resources on April 5, 2000. The 
two versions of the legislation and our cost estimates are 
identical.
    Estimate prepared by: Federal costs: Deborah Reis and Megan 
Carroll. Impact on State, local, and tribal governments: 
Victoria Heid Hall. Impact on the private sector: Jean T. 
Wooster.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

               preemption of state, local, or tribal law

    This bill is not intended to preempt any State, local, or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                                
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