To amend the Valles Caldera Preservation Act to improve the preservation of the Valles Caldera, and for other purposes.

September 4, 2003

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To amend the Valles Caldera Preservation Act to improve the preservation of the Valles Caldera, 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 Preservation Act of 2003'.

SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

(a) TRUST EMPLOYMENT- Section 106(d) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(d)) is amended--

(1) in paragraph (1)--

(A) by striking `The Trust' and inserting the following:

`(A) APPOINTMENT- The Trust';

(B) by inserting after the first sentence the following:

`(B) CONTRACT OR EMPLOYMENT AGREEMENT- Employees of the Trust may be employed under an employment agreement, the terms and conditions of which shall be determined by the Trust subject to this subsection.'; and

(C) by striking `No employee' and inserting the following:

`(C) MAXIMUM COMPENSATION- No employee'; and

(2) in paragraph (2)--

(A) in subparagraph (A), by striking `shall' each place it appears and inserting `may'; and

(B) by adding at the end the following:

`(C) ELIGIBILITY FOR COMPETITIVE SERVICE-

`(i) IN GENERAL- An employee of the Trust shall not be precluded from consideration for a position in the competitive service that is open to other Federal employees.

`(ii) CLASSIFICATION AND PAY RATE- In considering an employee of the Trust for a position in the competitive service under clause (i), the employing agency shall consider a position with the Trust to be comparable in classification and General Schedule pay rates to a similar position in the competitive service.'.

(b) OBLIGATIONS AND EXPENDITURES- Section 106(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by adding at the end the following:

`(4) OBLIGATIONS AND EXPENDITURES- Subject to the laws applicable to Government corporations, the Trust shall determine--

`(A) the character of, and the necessity for, any obligations and expenditures of the Trust; and

`(B) the manner in which obligations and expenditures shall be incurred, allowed, and paid.'.

(c) SOLICITATION OF DONATIONS- Section 106(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by striking `The Trust may solicit' and inserting `The members of the Board of Trustees and any employees of the Trust designated by the Board of Trustees may solicit'.

(d) USE OF PROCEEDS- Section 106(h)(1) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by striking `subsection (g)' and inserting `subsection (g), from claims, judgments, or settlements arising from activities occurring on the Baca Ranch or the Preserve after October 27, 1999,'.

(e) CLAIMS AND JUDGMENTS- Section 106(j) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(j)) is amended--

(1) in the first sentence, by striking `The Trust' and inserting the following:

`(1) IN GENERAL- The Trust'; and

(2) by adding at the end the following:

`(2) PERMANENT JUDGMENT APPROPRIATION- During any fiscal year in which funds have been appropriated to the Trust or the Secretary to carry out this title, the Trust shall not be precluded from using the permanent judgment appropriation under section 1304 of title 31, United States Code, for a claim, judgment, or settlement against the Trust or the Secretary in the name of the United States.'.

SEC. 3. BOARD OF TRUSTEES.

Section 107(e) of the Valles Caldera Preservation Act (U.S.C. 698v-5(e)) is amended--

(1) in paragraph (2), by striking `Trustees' and inserting `Except as provided in paragraph (3), Trustees'; and

(2) in paragraph (3)--

(A) by striking `Trustees' and inserting the following:

`(A) SELECTION- Trustees'; and

(B) by adding at the end the following:

`(B) COMPENSATION- On request of the chair, the chair may be compensated at a rate determined by the Board of Trustees, but not to exceed the daily equivalent of the annual rate of pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) in which the chair is engaged in the performance of duties of the Board of Trustees.

`(C) MAXIMUM RATE OF PAY- The total amount of compensation paid to the chair for a fiscal year under subparagraph (B) shall not

exceed 25 percent of the annual rate of pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code.'.

SEC. 4. RESOURCE MANAGEMENT.

(a) PROPERTY DISPOSAL LIMITATIONS- Section 108(c)(3) of the Valles Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is amended--

(1) in the first sentence, by striking `The Trust may not dispose' and inserting the following:

`(A) IN GENERAL- The Trust may not dispose';

(2) in the second sentence, by striking `The Trust' and inserting the following:

`(B) MAXIMUM DURATION- The Trust';

(3) in the last sentence, by striking `Any such' and inserting the following:

`(C) TERMINATION- The'; and

(4) by adding at the end the following:

`(D) EXCLUSIONS- For the purposes of this paragraph, the disposal of real property does not include the sale or other disposal of forage, forest products, or marketable renewable resources.'.

(b) LAW ENFORCEMENT AND FIRE MANAGEMENT- Section 108(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is amended--

(1) in the first sentence, by striking `The Secretary' and inserting the following:

`(1) LAW ENFORCEMENT- The Secretary';

(2) in the second sentence, by striking `The Trust' and inserting the following:

`(B) FEDERAL AGENCY- The Trust'; and

(3) by striking `At the request of the Trust' and all that follows through the end of the paragraph and inserting the following:

`(2) FIRE MANAGEMENT- To the extent generally authorized at other units of the National Forest System, the Secretary shall provide, under a cooperative agreement entered into between the Secretary and the Trust--

`(A) fire suppression and rehabilitation services; and

`(B) wildland fire severity funding for extraordinary fire preparedness.'.

END