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Pub.L. 106-249 To direct the Secretary of the Interior to convey the Griffith Project to the Southern Nevada Water Authority. <> ...

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[[Page 597]]


[[Page 114 STAT. 598]]

Public Law 106-248
106th Congress

                                 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. <<NOTE: July 25, 
                          2000 -  [S. 1892]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

      TITLE I--VALLES <<NOTE: Valles Caldera Preservation Act. New 

SEC. 101. SHORT TITLE. <<NOTE: 16 USC 698v note.>> 

    This title may be cited as the ``Valles Caldera Preservation Act''.


    (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;

[[Page 114 STAT. 599]]

            (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 
            (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. <<NOTE: 16 USC 698v-1.>> 

    In this title:
            (1) Baca ranch.--The term ``Baca ranch'' means the lands and 
        facilities described in section 104(a).
            (2) Board of trustees.--The terms ``Board of Trustees'' and 
        ``Board'' mean the Board of Trustees as described in section 
            (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 
            (4) Financially self-sustaining.--The term ``financially 
        self-sustaining'' means management and operating expenditures 
        equal to or less than proceeds derived from fees and

[[Page 114 STAT. 600]]

        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. <<NOTE: 16 USC 698v-2.>> 

    (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; 
                    (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 
            (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 <<NOTE: Government organization.>> 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

[[Page 114 STAT. 601]]

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 <<NOTE: Deadline.>> 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 
                    (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) <<NOTE: Deadline.>> submit the report to the Committees 
        of Congress within 120 days of the date of enactment of this 

    (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

[[Page 114 STAT. 602]]

U.S.C. 460l-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.


    (a) <<NOTE: Effective date.>> 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 

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