To designate the Valles Caldera National Preserve as a unit
of the National Park System, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 10, 2011
Mr. BINGAMAN (for himself and Mr. UDALL of New Mexico) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
To designate the Valles Caldera National Preserve as a unit
of the National Park System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Valles Caldera National Preserve Management
SEC. 2. DEFINITIONS.
(1) ELIGIBLE EMPLOYEE- The term `eligible employee' means a person
who was a full-time or part-time employee of the Trust during the
180-day period immediately preceding the date of enactment of this
(2) FUND- The term `Fund' means the Valles Caldera Fund established
by section 106(h)(2) of the Valles Caldera Preservation Act (16 U.S.C.
(3) PRESERVE- The term `Preserve' means the Valles Caldera National
Preserve in the State.
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(5) STATE- The term `State' means the State of New Mexico.
(6) TRUST- The term `Trust' means the Valles Caldera Trust established
by section 106(a) of the Valles Caldera Preservation Act (16 U.S.C.
SEC. 3. VALLES CALDERA NATIONAL PRESERVE.
(a) Designation as Unit of the National Park System- To protect, preserve,
and restore the fish, wildlife, watershed, natural, scientific, scenic,
geologic, historic, cultural, archaeological, and recreational values
of the area, the Valles Caldera National Preserve is designated as a
unit of the National Park System.
(1) APPLICABLE LAW- The Secretary shall administer the Preserve in
(B) the laws generally applicable to units of the National Park
(i) the National Park Service Organic Act (16 U.S.C. 1 et seq.);
(ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(2) MANAGEMENT COORDINATION- The Secretary may coordinate the management
and operations of the Preserve with the Bandelier National Monument.
(A) IN GENERAL- Not later than 3 fiscal years after the date on
which funds are made available to implement this subsection, the
Secretary shall prepare a management plan for the Preserve.
(B) APPLICABLE LAW- The management plan shall be prepared in accordance
(i) section 12(b) of Public Law 91-383 (commonly known as the
`National Park Service General Authorities Act') (16 U.S.C. 1a-7(b));
(ii) any other applicable laws.
(C) CONSULTATION- The management plan shall be prepared in consultation
(i) the Secretary of Agriculture;
(ii) State and local governments;
(iii) Indian tribes and pueblos, including the Pueblos of Jemez,
Santa Clara, and San Ildefonso; and
(1) IN GENERAL- The Secretary may acquire land and interests in land
within the boundaries of the Preserve by--
(A) purchase with donated or appropriated funds;
(C) transfer from another Federal agency.
(2) ADMINISTRATION OF ACQUIRED LAND- On acquisition of any land or
interests in land under paragraph (1), the acquired land or interests
in land shall be administered as part of the Preserve.
(d) Science and Education Program-
(1) IN GENERAL- The Secretary shall--
(A) until the date on which a management plan is completed in accordance
with subsection (b)(3), carry out the science and education program
for the Preserve established by the Trust; and
(B) beginning on the date on which a management plan is completed
in accordance with subsection (b)(3), establish a science and education
program for the Preserve that--
(i) allows for research and interpretation of the natural, historic,
cultural, geologic and other scientific features of the Preserve;
(ii) provides for improved methods of ecological restoration and
science-based adaptive management of the Preserve; and
(iii) promotes outdoor educational experiences in the Preserve.
(2) SCIENCE AND EDUCATION CENTER- As part of the program established
under paragraph (1)(B), the Secretary may establish a science and
education center outside the boundaries of the Preserve.
(e) Grazing- The Secretary may allow the grazing of livestock within
the Preserve to continue--
(1) consistent with this Act; and
(2) to the extent the use furthers scientific research or interpretation
of the ranching history of the Preserve.
(f) Fish and Wildlife- Nothing in this Act affects the responsibilities
of the State with respect to fish and wildlife in the State, except
that the Secretary, in consultation with the New Mexico Department of
Game and Fish--
(1) shall permit hunting and fishing on land and water within the
Preserve in accordance with applicable Federal and State laws; and
(2) may designate zones in which, and establish periods during which,
no hunting or fishing shall be permitted for reasons of public safety,
administration, the protection of wildlife and wildlife habitats,
or public use and enjoyment.
(g) Ecological Restoration-
(1) IN GENERAL- The Secretary shall undertake activities to improve
the health of forest, grassland, and riparian areas within the Preserve,
including any activities carried out in accordance with title IV of
the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7301 et
(2) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative
agreements with adjacent pueblos to coordinate activities carried
out under paragraph (1) on the Preserve and adjacent pueblo land.
(h) Withdrawal- Subject to valid existing rights, all land and interests
in land within the boundaries of the Preserve are withdrawn from--
(1) entry, disposal, or appropriation under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal leasing laws,
and mineral materials laws.
(i) Volcanic Domes and Other Peaks-
(1) IN GENERAL- Except as provided in paragraph (3), for the purposes
of preserving the natural, cultural, religious, archaeological, and
historic resources of the volcanic domes and other peaks in the Preserve
described in paragraph (2) within the area of the domes and peaks
above 9,600 feet in elevation or 250 feet below the top of the dome,
whichever is lower--
(A) no roads or buildings shall be constructed; and
(B) no motorized access shall be allowed.
(2) DESCRIPTION OF VOLCANIC DOMES- The volcanic domes and other peaks
referred to in paragraph (1) are--
(D) San Antonio Mountain;
(N) Sierra de los Valles; and
(3) EXCEPTION- Paragraph (1) shall not apply in cases in which construction
or motorized access is necessary for administrative purposes (including
ecological restoration activities or measures required in emergencies
to protect the health and safety of persons in the area).
(j) Traditional Cultural and Religious Sites-
(1) IN GENERAL- The Secretary, in consultation with Indian tribes
and pueblos, shall ensure the protection of traditional cultural and
religious sites in the Preserve.
(2) ACCESS- The Secretary, in accordance with Public Law 95-341 (commonly
known as the `American Indian Religious Freedom Act') (42 U.S.C. 1996)--
(A) shall provide access to the sites described in paragraph (1)
by members of Indian tribes or pueblos for traditional cultural
and customary uses; and
(B) may, on request of an Indian tribe or pueblo, temporarily close
to general public use 1 or more specific areas of the Preserve to
protect traditional cultural and customary uses in the area by members
of the Indian tribe or pueblo.
(3) PROHIBITION ON MOTORIZED ACCESS- The Secretary shall maintain
prohibitions on the use of motorized or mechanized travel on Preserve
land located adjacent to the Santa Clara Indian Reservation, to the
extent the prohibition was in effect on the date of enactment of this
(1) IN GENERAL- Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Agriculture, affected Indian tribes and pueblos, and the public, shall
study the feasibility of establishing a hiking trail along the rim
of the Valles Caldera on--
(A) land within the Preserve; and
(B) National Forest System land that is adjacent to the Preserve.
(2) AGREEMENTS- On the request of an affected Indian tribe or pueblo,
the Secretary and the Secretary of Agriculture shall seek to enter
into an agreement with the Indian tribe or pueblo with respect to
the Caldera Rim Trail that provides for the protection of--
(A) cultural and religious sites in the vicinity of the trail; and
(B) the privacy of adjacent pueblo land.
(l) Valid Existing Rights- Nothing in this Act affects valid existing
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) In General- Administrative jurisdiction over the Preserve is transferred
from the Secretary of Agriculture and the Trust to the Secretary, to
be administered as a unit of the National Park System, in accordance
with section 3.
(b) Exclusion From Santa Fe National Forest- The boundaries of the Santa
Fe National Forest are modified to exclude the Preserve.
(1) MEMORANDUM OF AGREEMENT- Not later than 90 days after the date
of enactment of this Act, the Secretary and the Trust shall enter
into a memorandum of agreement to facilitate the orderly transfer
to the Secretary of the administration of the Preserve.
(2) EXISTING MANAGEMENT PLANS- Notwithstanding the repeal made by
section 5(a), until the date on which the Secretary completes a management
plan for the Preserve in accordance with section 3(b)(3), the Secretary
may administer the Preserve in accordance with any management activities
or plans adopted by the Trust under the Valles Caldera Preservation
Act (16 U.S.C. 698v et seq.), to the extent the activities or plans
are consistent with section 3(b)(1).
(3) PUBLIC USE- The Preserve shall remain open to public use during
the interim management period, subject to such terms and conditions
as the Secretary determines to be appropriate.
(d) Valles Caldera Trust-
(1) TERMINATION- The Trust shall terminate 180 days after the date
of enactment of this Act unless the Secretary determines that the
termination date should be extended to facilitate the transitional
management of the Preserve.
(2) ASSETS AND LIABILITIES-
(A) ASSETS- On termination of the Trust--
(i) all assets of the Trust shall be transferred to the Secretary;
(ii) any amounts appropriated for the Trust shall remain available
to the Secretary for the administration of the Preserve.
(B) ASSUMPTION OF OBLIGATIONS-
(i) IN GENERAL- On termination of the Trust, the Secretary shall
assume all contracts, obligations, and other liabilities of the
(I) BUDGET- Not later than 90 days after the date of enactment
of this Act, the Secretary and the Trust shall prepare a budget
for the interim management of the Preserve.
(II) WRITTEN CONCURRENCE REQUIRED- The Trust shall not incur
any new liabilities not authorized in the budget prepared under
subclause (I) without the written concurrence of the Secretary.
(A) HIRING- The Secretary and the Secretary of Agriculture may hire
employees of the Trust on a noncompetitive basis for comparable
positions at the Preserve or other areas or offices under the jurisdiction
of the Secretary or the Secretary of Agriculture.
(B) SALARY- Any employees hired from the Trust under subparagraph
(A) shall be subject 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.
(C) INTERIM RETENTION OF ELIGIBLE EMPLOYEES- For a period of not
less than 180 days beginning on the date of enactment of this Act,
all eligible employees of the Trust shall be--
(i) retained in the employment of the Trust;
(ii) considered to be placed on detail to the Secretary; and
(iii) subject to the direction of the Secretary.
(D) TERMINATION FOR CAUSE- Nothing in this paragraph precludes the
termination of employment of an eligible employee for cause during
the period described in subparagraph (C).
(4) RECORDS- The Secretary shall have access to all records of the
Trust pertaining to the management of the Preserve.
(A) IN GENERAL- Effective on the date of enactment of this Act,
the Secretary shall assume the powers of the Trust over the Fund.
(B) AVAILABILITY AND USE- Any amounts in the Fund as of the date
of enactment of this Act shall be available to the Secretary for
use, without further appropriation, for the management of the Preserve.
SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT.
(a) Repeal- On the termination of the Trust, the Valles Caldera Preservation
Act (16 U.S.C. 698v et seq.) is repealed.
(b) Effect of Repeal- Notwithstanding the repeal made by subsection
(1) the authority of the Secretary of Agriculture to acquire mineral
interests under section 104(e) of the Valles Caldera Preservation
Act (16 U.S.C. 698v-2(e)) is transferred to the Secretary and any
proceeding for the condemnation of, or payment of compensation for,
an outstanding mineral interest pursuant to the transferred authority
(2) the provisions in section 104(g) of the Valles Caldera Preservation
Act (16 U.S.C. 698v-2(g)) relating to the Pueblo of Santa Clara shall
remain in effect; and
(3) the Fund shall not be terminated until all amounts in the Fund
have been expended by the Secretary.
(c) Boundaries- The repeal of the Valles Caldera Preservation Act (16
U.S.C. 698v et seq.) shall not affect the boundaries as of the date
of enactment of this Act (including maps and legal descriptions) of--
(2) the Santa Fe National Forest (other than the modification made
by section 4(b));
(3) Bandelier National Monument; and
(4) any land conveyed to the Pueblo of Santa Clara.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.