[106th Congress Public Law 248]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ248.106]
[[Page 597]]
VALLES CALDERA NATIONAL PRESERVE AND TRUST
[[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
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
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
property;
(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
107.
(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
Representatives.
(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;
and
(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
Secretary.
(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
Wilderness;
(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
title.
(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-
3.>>
(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
United States under section 104(a) shall constitute entitlement lands
for purposes of the Payment in Lieu of Taxes Act (31 U.S.C. 6901-6904).
(e) Withdrawals.--
(1) In general.--Upon acquisition of all interests in
minerals within the boundaries of the Baca ranch under section
[[Page 114 STAT. 603]]
104(e), subject to valid existing rights, the lands comprising
the Preserve are thereby withdrawn from disposition under all
laws pertaining to mineral leasing, including geothermal
leasing.
(2) Materials for roads and facilities.--Nothing in this
title shall preclude the Secretary, prior to assumption of
management of the Preserve by the Trust, and the Trust
thereafter, from allowing the utilization of common varieties of
mineral materials such as sand, stone, and gravel as necessary
for construction and maintenance of roads and facilities within
the Preserve.
(f) Fish and Game.--Nothing in this title shall be construed as
affecting the responsibilities of the State of New Mexico with respect
to fish and wildlife, including the regulation of hunting, fishing, and
trapping within the Preserve, except that the Trust may, in consultation
with the Secretary and the State of New Mexico, designate zones where
and establish periods when no hunting, fishing, or trapping shall be
permitted for reasons of public safety, administration, the protection
of nongame species and their habitats, or public use and enjoyment.
(g) Redondo Peak.--
(1) In general.--For the purposes of preserving the natural,
cultural, religious, and historic resources on Redondo Peak upon
acquisition of the Baca ranch under section 104(a), except as
provided in paragraph (2), within the area of Redondo Peak above
10,000 feet in elevation--
(A) no roads, structures, or facilities shall be
constructed; and
(B) no motorized access shall be allowed.
(2) Exceptions.--Nothing in this subsection shall preclude--
(A) the use and maintenance of roads and trails
existing as of the date of enactment of this Act;
(B) the construction, use and maintenance of new
trails, and the relocation of existing roads, if located
to avoid Native American religious and cultural sites;
and
(C) motorized access necessary to administer the
area by the Trust (including measures required in
emergencies involving the health or safety of persons
within the area).
SEC. 106. THE VALLES CALDERA TRUST. <<NOTE: 16 USC 698v-4.>>
(a) Establishment.--There is hereby established a wholly owned
government corporation known as the Valles Caldera Trust which is
empowered to conduct business in the State of New Mexico and elsewhere
in the United States in furtherance of its corporate purposes.
(b) Corporate Purposes.--The purposes of the Trust are--
(1) to provide management and administrative services for
the Preserve;
(2) to establish and implement management policies which
will best achieve the purposes and requirements of this title;
(3) to receive and collect funds from private and public
sources and to make dispositions in support of the management
and administration of the Preserve; and
(4) to cooperate with Federal, State, and local governmental
units, and with Indian tribes and Pueblos, to further the
purposes for which the Preserve was established.
[[Page 114 STAT. 604]]
(c) Necessary Powers.--The Trust shall have all necessary and proper
powers for the exercise of the authorities vested in it.
(d) Staff.--
(1) In general.--The Trust is authorized to appoint and fix
the compensation and duties of an executive director and such
other officers and employees as it deems necessary without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may pay
them without regard 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. No
employee of the Trust shall be paid at a rate in excess of that
payable to the Supervisor of the Santa Fe National Forest or the
Superintendent of the Bandelier National Monument, whichever is
greater.
(2) Federal employees.--
(A) In general.--Except as provided in this title,
employees of the Trust shall be Federal employees as
defined by title 5, United States Code, and shall be
subject to all rights and obligations applicable
thereto.
(B) Use of federal employees.--At the request of the
Trust, the employees of any Federal agency may be
provided for implementation of this title. Such
employees detailed to the Trust for more than 30 days
shall be provided on a reimbursable basis.
(e) Government Corporation.--
(1) In general.--The Trust shall be a Government Corporation
subject to chapter 91 of title 31, United States Code (commonly
referred to as the Government Corporation Control Act).
Financial statements of the Trust shall be audited annually in
accordance with section 9105 of title 31 of the United States
Code.
(2) Reports.--Not <<NOTE: Deadline.>> later than January 15
of each year, the Trust shall submit to the Secretary and the
Committees of Congress a comprehensive and detailed report of
its operations, activities, and accomplishments for the prior
year including information on the status of ecological,
cultural, and financial resources being managed by the Trust,
and benefits provided by the Preserve to local communities. The
report shall also include a section that describes the Trust's
goals for the current year.
(3) Annual budget.--
(A) In general.--The Trust shall prepare an annual
budget with the goal of achieving a financially self-
sustaining operation within 15 full fiscal years after
the date of acquisition of the Baca ranch under section
104(a).
(B) Budget request.--The Secretary shall provide
necessary assistance (including detailees as necessary)
to the Trust for the timely formulation and submission
of the annual budget request for appropriations, as
authorized under section 111(a), to support the
administration, operation, and maintenance of the
Preserve.
(f) Taxes.--The Trust and all properties administered by the Trust
shall be exempt from all taxes and special assessments of every kind by
the State of New Mexico, and its political subdivisions including the
counties of Sandoval and Rio Arriba.
[[Page 114 STAT. 605]]
(g) Donations.--The Trust may solicit and accept donations of funds,
property, supplies, or services from individuals, foundations,
corporations, and other private or public entities for the purposes of
carrying out its duties. The Secretary, prior to assumption of
management of the Preserve by the Trust, and the Trust thereafter, may
accept donations from such entities notwithstanding that such donors may
conduct business with the Department of Agriculture or any other
department or agency of the United States.
(h) Proceeds.--
(1) In general.--Notwithstanding sections 1341 and 3302 of
title 31 of the United States Code, all monies received from
donations under subsection (g) or from the management of the
Preserve shall be retained and shall be available, without
further appropriation, for the administration, preservation,
restoration, operation and maintenance, improvement, repair, and
related expenses incurred with respect to properties under its
management jurisdiction.
(2) Fund.--There is hereby established in the Treasury of
the United States a special interest bearing fund entitled
``Valles Caldera Fund'' which shall be available, without
further appropriation for any purpose consistent with the
purposes of this title. At the option of the Trust, or the
Secretary in accordance with section 110, the Secretary of the
Treasury shall invest excess monies of the Trust in such
account, which shall bear interest at rates determined by the
Secretary of the Treasury taking into consideration the current
average market yield on outstanding marketable obligations of
the United States of comparable maturity.
(i) Restrictions on Disposition of Receipts.--Any funds received by
the Trust, or the Secretary in accordance with section 109(b), from the
management of the Preserve shall not be subject to partial distribution
to the State under--
(1) the Act of May 23, 1908, entitled ``an Act making
appropriations for the Department of Agriculture for the fiscal
year ending June thirtieth, nineteen hundred and nine'' (35
Stat. 260, chapter 192; 16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 500); or
(3) any other law.
(j) Suits.--The Trust may sue and be sued in its own name to the
same extent as the Federal Government. For purposes of such suits, the
residence of the Trust shall be the State of New Mexico. The Trust shall
be represented by the Attorney General in any litigation arising out of
the activities of the Trust, except that the Trust may retain private
attorneys to provide advice and counsel.
(k) Bylaws.--The Trust shall adopt necessary bylaws to govern its
activities.
(l) Insurance and Bond.--The Trust shall require that all holders of
leases from, or parties in contract with, the Trust that are authorized
to occupy, use, or develop properties under the management jurisdiction
of the Trust, procure proper insurance against any loss in connection
with such properties, or activities authorized in such lease or
contract, as is reasonable and customary.
(m) Name and Insignia.--The Trust shall have the sole and exclusive
right to use the words ``Valles Caldera Trust'', and any seal, emblem,
or other insignia adopted by the Board of Trustees.
[[Page 114 STAT. 606]]
Without express written authority of the Trust, no person may use the
words ``Valles Caldera Trust'' as the name under which that person shall
do or purport to do business, for the purpose of trade, or by way of
advertisement, or in any manner that may falsely suggest any connection
with the Trust.
SEC. 107. BOARD OF TRUSTEES. <<NOTE: 16 USC 698v-5.>>
(a) In General.--The Trust shall be governed by a 9-member Board of
Trustees consisting of the following:
(1) Voting trustees.--The voting Trustees shall be--
(A) the Supervisor of the Santa Fe National Forest,
United States Forest Service;
(B) the Superintendent of the Bandelier National
Monument, National Park Service; and
(C) seven individuals, appointed by the
President, <<NOTE: President.>> in consultation with the
congressional delegation from the State of New Mexico.
The seven individuals shall have specific expertise or
represent an organization or government entity as
follows--
(i) one trustee shall have expertise in
aspects of domesticated livestock management,
production, and marketing, including range
management and livestock business management;
(ii) one trustee shall have expertise in the
management of game and nongame wildlife and fish
populations, including hunting, fishing, and other
recreational activities;
(iii) one trustee shall have expertise in the
sustainable management of forest lands for
commodity and noncommodity purposes;
(iv) one trustee shall be active in a
nonprofit conservation organization concerned with
the activities of the Forest Service;
(v) one trustee shall have expertise in
financial management, budget and program analysis,
and small business operations;
(vi) one trustee shall have expertise in the
cultural and natural history of the region; and
(vii) one trustee shall be active in State or
local government in New Mexico, with expertise in
the customs of the local area.
(2) Qualifications.--Of the trustees appointed by the
President--
(A) none shall be employees of the Federal
Government; and
(B) at least five shall be residents of the State of
New Mexico.
(b) Initial <<NOTE: President. Deadline.>> Appointments.--The
President shall make the initial appointments to the Board of Trustees
within 90 days after acquisition of the Baca ranch under section 104(a).
(c) Terms.--
(1) In general.--Appointed trustees shall each serve a term
of 4 years, except that of the trustees first appointed, four
shall serve for a term of 4 years, and three shall serve for a
term of 2 years.
[[Page 114 STAT. 607]]
(2) Vacancies.--Any vacancy among the appointed trustees
shall be filled in the same manner in which the original
appointment was made, and any trustee appointed to fill a
vacancy shall serve for the remainder of that term for which his
or her predecessor was appointed.
(3) Limitations.--No appointed trustee may serve more than 8
years in consecutive terms.
(d) Quorum.--A majority of trustees shall constitute a quorum of the
Board for the conduct of business.
(e) Organization and Compensation.--
(1) In general.--The Board shall organize itself in such a
manner as it deems most appropriate to effectively carry out the
activities of the Trust.
(2) Compensation of trustees.--Trustees shall serve without
pay, but may be reimbursed from the funds of the Trust for the
actual and necessary travel and subsistence expenses incurred by
them in the performance of their duties.
(3) Chair.--Trustees shall select a chair from the
membership of the Board.
(f) Liability of Trustees.--Appointed trustees shall not be
considered Federal employees by virtue of their membership on the Board,
except for purposes of the Federal Tort Claims Act, the Ethics in
Government Act, and the provisions of chapter 11 of title 18, United
States Code.
(g) Meetings.--
(1) Location and timing of meetings.--The Board shall meet
in sessions open to the public at least three times per year in
New Mexico. Upon a majority vote made in open session, and a
public statement of the reasons therefore, the Board may close
any other meetings to the public: Provided, That any final
decision of the Board to adopt or amend the comprehensive
management program under section 108(d) or to approve any
activity related to the management of the land or resources of
the Preserve shall be made in open public session.
(2) Public <<NOTE: Procedures.>> information.--In addition
to other requirements of applicable law, the Board shall
establish procedures for providing appropriate public
information and periodic opportunities for public comment
regarding the management of the Preserve.
SEC. 108. RESOURCE MANAGEMENT. <<NOTE: 16 USC 698v-6.>>
(a) Assumption of Management <<NOTE: Deadline.>> .--The Trust shall
assume all authority provided by this title to manage the Preserve upon
a determination by the Secretary, which to the maximum extent
practicable shall be made within 60 days after the appointment of the
Board, that--
(1) the Board is duly appointed, and able to conduct
business; and
(2) provision has been made for essential management
services.
(b) Management Responsibilities.--Upon assumption of management of
the Preserve under subsection (a), the Trust shall manage the land and
resources of the Preserve and the use thereof including, but not limited
to such activities as--
(1) administration of the operations of the Preserve;
[[Page 114 STAT. 608]]
(2) preservation and development of the land and resources
of the Preserve;
(3) interpretation of the Preserve and its history for the
public;
(4) management of public use and occupancy of the Preserve;
and
(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 <<NOTE: Deadline.>> 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--
[[Page 114 STAT. 609]]
(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, <<NOTE: Public
safety.>> 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, <<NOTE: Public notice.>> 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.).
[[Page 114 STAT. 610]]
(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. <<NOTE: 16 USC 698v-7.>>
(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
[[Page 114 STAT. 611]]
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. <<NOTE: 16 USC 698v-8.>>
(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),
[[Page 114 STAT. 612]]
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 <<NOTE: Deadline.>> 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. <<NOTE: 16 USC 698v-9.>>
(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 <<NOTE: Deadline.>> 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. <<NOTE: Deadline. Reports. 16
USC 698v-10. Deadline.>>
(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 <<NOTE: Reports.>> 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
[[Page 114 STAT. 613]]
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 <<NOTE: Federal Land Transaction Facilitation Act.>> II--FEDERAL
LAND TRANSACTION FACILITATION
SEC. 201. SHORT TITLE. <<NOTE: 43 USC 2301 note.>>
This title may be cited as the ``Federal Land Transaction
Facilitation Act''.
SEC. 202. FINDINGS. <<NOTE: 43 USC 2301.>>
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
Act to exchange Federal land for non-Federal land if the
exchange would be in the public interest;
(3) through land use planning under that Act, the Bureau of
Land Management has identified certain tracts of public land for
disposal;
(4) the Federal land management agencies of the Departments
of the Interior and Agriculture have authority under existing
law to acquire land consistent with the mission of each agency;
(5) the sale or exchange of land identified for disposal and
the acquisition of certain non-Federal land from willing
landowners would--
(A) allow for the reconfiguration of land ownership
patterns to better facilitate resource management;
(B) contribute to administrative efficiency within
Federal land management units; and
(C) allow for increased effectiveness of the
allocation of fiscal and human resources within the
Federal land management agencies;
(6) a more expeditious process for disposal and acquisition
of land, established to facilitate a more effective
configuration of land ownership patterns, would benefit the
public interest;
(7) many private individuals own land within the boundaries
of Federal land management units and desire to sell the land to
the Federal Government;
(8) such land lies within national parks, national
monuments, national wildlife refuges, national forests, and
other areas designated for special management;
(9) Federal land management agencies are facing increased
workloads from rapidly growing public demand for the use of
public land, making it difficult for Federal managers to address
problems created by the existence of inholdings in many areas;
(10) in many cases, inholders and the Federal Government
would mutually benefit from Federal acquisition of the land on a
priority basis;
[[Page 114 STAT. 614]]
(11) proceeds generated from the disposal of public land may
be properly dedicated to the acquisition of inholdings and other
land that will improve the resource management ability of the
Federal land management agencies and adjoining landowners;
(12) using proceeds generated from the disposal of public
land to purchase inholdings and other such land from willing
sellers would enhance the ability of the Federal land management
agencies to--
(A) work cooperatively with private landowners and
State and local governments; and
(B) promote consolidation of the ownership of public
and private land in a manner that would allow for better
overall resource management;
(13) in certain locations, the sale of public land that has
been identified for disposal is the best way for the public to
receive fair market value for the land; and
(14) to allow for the least disruption of existing land and
resource management programs, the Bureau of Land Management may
use non-Federal entities to prepare appraisal documents for
agency review and approval consistent with applicable provisions
of the Uniform Standards for Federal Land Acquisition.
SEC. 203. DEFINITIONS. <<NOTE: 43 USC 2302.>>
In this title:
(1) Exceptional resource.--The term ``exceptional resource''
means a resource of scientific, natural, historic, cultural, or
recreational value that has been documented by a Federal, State,
or local governmental authority, and for which there is a
compelling need for conservation and protection under the
jurisdiction of a Federal agency in order to maintain the
resource for the benefit of the public.
(2) Federally designated area.--The term ``federally
designated area'' means land in Alaska and the eleven contiguous
Western States (as defined in section 103(o) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(o))) that on
the date of enactment of this Act was within the boundary of--
(A) a national monument, area of critical
environmental concern, national conservation area,
national riparian conservation area, national recreation
area, national scenic area, research natural area,
national outstanding natural area, or a national natural
landmark managed by the Bureau of Land Management;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge System;
(D) an area of the National Forest System designated
for special management by an Act of Congress; or
(E) an area within which the Secretary or the
Secretary of Agriculture is otherwise authorized by law
to acquire lands or interests therein that is designated
as--
(i) wilderness under the Wilderness Act (16
U.S.C. 1131 et seq.);
(ii) a wilderness study area;
[[Page 114 STAT. 615]]
(iii) a component of the Wild and Scenic
Rivers System under the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.); or
(iv) a component of the National Trails System
under the National Trails System Act (16 U.S.C.
1241 et seq.).
(3) Inholding.--The term ``inholding'' means any right,
title, or interest, held by a non-Federal entity, in or to a
tract of land that lies within the boundary of a federally
designated area.
(4) Public land.--The term ``public land'' means public
lands (as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 204. IDENTIFICATION OF INHOLDINGS. <<NOTE: 43 USC 2303.>>
(a) In <<NOTE: Procedures.>> General.--The Secretary and the
Secretary of Agriculture shall establish a procedure to--
(1) identify, by State, inholdings for which the landowner
has indicated a desire to sell the land or interest therein to
the United States; and
(2) prioritize the acquisition of inholdings in accordance
with section 206(c)(3).
(b) Public Notice.--As soon as practicable after the date of
enactment of this title and periodically thereafter, the Secretary and
the Secretary of Agriculture shall provide public notice of the
procedures referred to in subsection (a), including any information
necessary for the consideration of an inholding under section
206. <<NOTE: Federal Register, publication.>> Such notice shall include
publication in the Federal Register and by such other means as the
Secretary and the Secretary of Agriculture determine to be appropriate.
(c) Identification.--An inholding--
(1) shall be considered for identification under this
section only if the Secretary or the Secretary of Agriculture
receive notification of a desire to sell from the landowner in
response to public notice given under subsection (b); and
(2) shall be deemed to have been established as of the later
of--
(A) the earlier of--
(i) the date on which the land was withdrawn
from the public domain; or
(ii) the date on which the land was
established or designated for special management;
or
(B) the date on which the inholding was acquired by
the current owner.
(d) No Obligation To Convey or Acquire.--The identification of an
inholding under this section creates no obligation on the part of a
landowner to convey the inholding or any obligation on the part of the
United States to acquire the inholding.
SEC. 205. DISPOSAL OF PUBLIC LAND. <<NOTE: 43 USC 2304.>>
(a) In General.--The Secretary shall establish a program, using
funds made available under section 206, to complete appraisals and
satisfy other legal requirements for the sale or exchange of public land
identified for disposal under approved land use plans (as in effect on
the date of enactment of this Act) under
[[Page 114 STAT. 616]]
section 202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712).
(b) Sale of Public Land.--
(1) In general.--The sale of public land so identified shall
be conducted in accordance with sections 203 and 209 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713,
1719).
(2) Exceptions to competitive bidding requirements.--The
exceptions to competitive bidding requirements under section
203(f) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713(f)) shall apply to this section in cases in which
the Secretary determines it to be necessary.
(c) Report in Public Land Statistics.--The Secretary shall provide
in the annual publication of Public Land Statistics, a report of
activities under this section.
(d) Termination of Authority.--The authority provided under this
section shall terminate 10 years after the date of enactment of this
Act.
SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT. <<NOTE: 43 USC 2305.>>
(a) Deposit of Proceeds.--Notwithstanding any other law (except a
law that specifically provides for a proportion of the proceeds to be
distributed to any trust funds of any States), the gross proceeds of the
sale or exchange of public land under this Act shall be deposited in a
separate account in the Treasury of the United States to be known as the
``Federal Land Disposal Account''.
(b) Availability.--Amounts in the Federal Land Disposal Account
shall be available to the Secretary and the Secretary of Agriculture,
without further Act of appropriation, to carry out this title.
(c) Use of the Federal Land Disposal Account.--
(1) In general.--Funds in the Federal Land Disposal Account
shall be expended in accordance with this subsection.
(2) Fund allocation.--
(A) Purchase of land.--Except as authorized under
subparagraph (C), funds shall be used to purchase lands
or interests therein that are otherwise authorized by
law to be acquired, and that are--
(i) inholdings; and
(ii) adjacent to federally designated areas
and contain exceptional resources.
(B) Inholdings.--Not less than 80 percent of the
funds allocated for the purchase of land within each
State shall be used to acquire inholdings identified
under section 204.
(C) Administrative and other expenses.--An amount
not to exceed 20 percent of the funds deposited in the
Federal Land Disposal Account may be used by the
Secretary for administrative and other expenses
necessary to carry out the land disposal program under
section 205.
(D) Same state purchases.--Of the amounts not used
under subparagraph (C), not less than 80 percent shall
be expended within the State in which the funds were
generated. Any remaining funds may be expended in any
other State.
[[Page 114 STAT. 617]]
(3) Priority.--The <<NOTE: Procedures.>> Secretary and the
Secretary of Agriculture shall develop a procedure for
prioritizing the acquisition of inholdings and non-Federal lands
with exceptional resources as provided in paragraph (2). Such
procedure shall consider--
(A) the date the inholding was established (as
provided in section 204(c));
(B) the extent to which acquisition of the land or
interest therein will facilitate management efficiency;
and
(C) such other criteria as the Secretary and the
Secretary of Agriculture deem appropriate.
(4) Basis of sale.--Any land acquired under this section
shall be--
(A) from a willing seller;
(B) contingent on the conveyance of title acceptable
to the Secretary, or the Secretary of Agriculture in the
case of an acquisition of National Forest System land,
using title standards of the Attorney General;
(C) at a price not to exceed fair market value
consistent with applicable provisions of the Uniform
Appraisal Standards for Federal Land Acquisitions; and
(D) managed as part of the unit within which it is
contained.
(d) Contaminated Sites and Sites Difficult and Uneconomic To
Manage.--Funds in the Federal Land Disposal Account shall not be used to
purchase land or an interest in land that, as determined by the
Secretary or the Secretary of Agriculture--
(1) contains a hazardous substance or is otherwise
contaminated; or
(2) because of the location or other characteristics of the
land, would be difficult or uneconomic to manage as Federal
land.
(e) Land and Water Conservation Fund Act.--Funds made available
under this section shall be supplemental to any funds appropriated under
the Land and Water Conservation Fund Act (16 U.S.C. 460l-4 et seq.).
(f) Termination.--On termination of activities under section 205--
(1) the Federal Land Disposal Account shall be terminated;
and
(2) any remaining balance in the account shall become
available for appropriation under section 3 of the Land and
Water Conservation Fund Act (16 U.S.C. 460l-6).
SEC. 207. SPECIAL PROVISIONS. <<NOTE: 43 USC 2306.>>
(a) In General.--Nothing in this title provides an exemption from
any limitation on the acquisition of land or interest in land under any
Federal law in effect on the date of enactment of this Act.
(b) Other Law.--This title shall not apply to land eligible for sale
under--
(1) Public Law 96-568 (commonly known as the ``Santini-
Burton Act'') (94 Stat. 3381); or
(2) the Southern Nevada Public Land Management Act of 1998
(112 Stat. 2343).
(c) Exchanges.--Nothing in this title precludes, preempts, or limits
the authority to exchange land under authorities providing for the
exchange of Federal lands, including but not limited to--
[[Page 114 STAT. 618]]
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); or
(2) the Federal Land Exchange Facilitation Act of 1988 (102
Stat. 1086) or the amendments made by that Act.
(d) No New Right or Benefit.--Nothing in this Act creates a right or
benefit, substantive or procedural, enforceable at law or in equity by a
party against the United States, its agencies, its officers, or any
other person.
Approved July 25, 2000.
LEGISLATIVE HISTORY--S. 1892:
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HOUSE REPORTS: No. 106-724 (Comm. on Resources).
SENATE REPORTS: No. 106-267 (Comm on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Apr. 13, considered and passed Senate.
July 11, 12, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
July 25, Presidential statement.
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