[109th Congress Public Law 132]
[From the U.S. Government Printing Office]
[DOCID: f:publ132.109]
[[Page 2569]]
VALLES CALDERA PRESERVATION ACT OF 2005
[[Page 119 STAT. 2570]]
Public Law 109-132
109th Congress
An Act
To amend the Valles Caldera Preservation Act to improve the preservation
of the Valles Caldera, and for other purposes. <<NOTE: Dec. 20,
2005 - [S. 212]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Valles Caldera Preservation
Act of 2005.>> assembled,
SECTION 1. <<NOTE: 16 USC 698v note.>> SHORT TITLE.
This Act may be cited as the ``Valles Caldera Preservation Act of
2005''.
SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.
(a) Acquisition of Outstanding Mineral Interests.--Section 104(e) of
the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is amended--
(1) by striking ``The acquisition'' and inserting the
following:
``(1) In general.--The acquisition'';
(2) by striking ``The Secretary'' and inserting the
following:
``(2) Acquisition.--The Secretary'';
(3) by striking ``on a willing seller basis'';
(4) by striking ``Any such'' and inserting the following:
``(3) Administration.--Any such''; and
(5) by adding at the end the following:
``(4) Available funds.--Any such interests shall be acquired
with available funds.
``(5) Declaration of taking.--
``(A) In general.--
If <<NOTE: Deadline.>> negotiations to acquire the
interests are unsuccessful by the date that is 60 days
after the date of enactment of this paragraph, the
Secretary shall acquire the interests pursuant to
section 3114 of title 40, United States Code.
``(B) Source of funds.--Any difference between the
sum of money estimated to be just compensation by the
Secretary and the amount awarded shall be paid from the
permanent judgment appropriation under section 1304 of
title 31, United States Code.''.
(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.''.
[[Page 119 STAT. 2571]]
(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, the executive director, and one additional employee of the
Trust in an executive position designated by the Board of Trustees or
the executive director 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,''.
SEC. 3. <<NOTE: 16 USC 698v-5.>> 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.--
[[Page 119 STAT. 2572]]
``(A) In general.--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.--
``(A) Non-reimbursable services.--
``(i) Development of plan.--The Secretary
shall, in consultation with the Trust, develop a
plan to carry out fire preparedness, suppression,
and emergency rehabilitation services on the
Preserve.
``(ii) Consistency with management program.--
The plan shall be consistent with the management
program developed pursuant to subsection (d).
``(iii) Cooperative agreement.--To the extent
generally authorized at other units of the
National Forest System, the Secretary shall
provide the services to be carried out pursuant to
the plan under a cooperative agreement entered
into between the Secretary and the Trust.
``(B) Reimbursable services.--To the extent
generally authorized at other units of the National
Forest System, the Secretary may provide presuppression
and nonemergency rehabilitation and restoration services
for the Trust at any time on a reimbursable basis.''.
Approved December 20, 2005.
LEGISLATIVE HISTORY--S. 212:
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SENATE REPORTS: No. 109-10 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 26, considered and passed Senate.
Dec. 6, considered and passed House.
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