Text: S.212 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-132 (12/20/2005)

 
[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:
---------------------------------------------------------------------------

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.

                                  <all>

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