Home > 105th Congressional Bills > S. 1892 (is) To provide that a person closely related to a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) may not be appointed as a judge of the same court, and for other purpo...S. 1892 (is) To provide that a person closely related to a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) may not be appointed as a judge of the same court, and for other purpo...
(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.
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
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