| Home > 106th Congressional Public Laws > Pub.L. 106-249 To direct the Secretary of the Interior to convey the Griffith Project to the Southern Nevada Water Authority. <> ...
Pub.L. 106-249 To direct the Secretary of the Interior to convey the Griffith Project to the Southern Nevada Water Authority. <> ...
VALLES CALDERA NATIONAL PRESERVE AND TRUST
[[Page 114 STAT. 598]]
Public Law 106-248
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
Mexico>> CALDERA NATIONAL PRESERVE AND TRUST
SEC. 101. SHORT TITLE. <<NOTE: 16 USC 698v note.>>
This title may be cited as the ``Valles Caldera Preservation Act''.
SEC. 102. FINDINGS AND PURPOSES. <<NOTE: 16 USC 698v.>>
(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
(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
(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
[[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.
SEC. 105. THE VALLES CALDERA NATIONAL PRESERVE. <<NOTE: 16 USC 698v-
(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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106th Congressional Public Laws Records and Documents
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