,,ii #aacth ,,congress #ast ,session ,s4 #bhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjac ,mr4 ,udall of ,new ,mexico 7for himself and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to designate the ,valles ,caldera ,national ,preserve as a unit of the ,national ,park ,system1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,valles ,caldera ,national ,preserve ,management ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,eligible employee ,the term eligible employee means a person who was a full-time or part-time employee of the ,trust during the #ahj-;day period immediately preceding the date of enactment of this ,act4 7#b7 ,fund ,the term ,fund means the ,valles ,caldera ,fund established by section #ajf7;h77#b7 of the ,valles ,caldera ,preservation ,act 7#af ,u4,s4,c4 #fihv-#d7;h77#b774 7#c7 ,preserve ,the term ,preserve means the ,valles ,caldera ,national ,preserve in the ,state4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means the ,state of ,new ,mexico4 7#f7 ,trust ,the term ,trust means the ,valles ,caldera ,trust established by section #ajf7;a7 of the ,valles ,caldera ,preservation ,act 7#af ,u4,s4,c4 #fihv-#d7;a774 #c4 ,valles caldera national preserve 7a7 ,designation as ,unit of the ,national ,park ,system ,to protect1 preserve1 and restore the fish1 wildlife1 watershed1 natural1 scientific1 scenic1 geologic1 historic1 cultural1 archaeological1 and recreational values of the area1 the ,valles ,caldera ,national ,preserve is designated as a unit of the ,national ,park ,system4 7b7 ,management 7#a7 ,applicable law ,the ,secretary shall administer the ,preserve in accordance with-- 7,a7 this ,act2 and 7,b7 the laws generally applicable to units of the ,national ,park ,system1 including-- 7i7 the ,national ,park ,service ,organic ,act 7#af ,u4,s4,c4 #a et seq472 and 7ii7 the ,act of ,august #ba1 #aice 7#af ,u4,s4,c4 #dfa et seq474 7#b7 ,management coordination ,the ,secretary may coordinate the management and operations of the ,preserve with the ,bandelier ,national ,monument4 7#c7 ,management plan 7,a7 ,in general ,not later than #c fiscal years after the date on which funds are made available to implement this subsection1 the ,secretary shall prepare a management plan for the ,preserve4 7,b7 ,applicable law ,the management plan shall be prepared in accordance with-- 7i7 section #ab7;b7 of ,public ,law #ia-chc 7commonly known as the ,national ,park ,service ,general ,authorities ,act7 7#af ,u4,s4,c4 #a;a-#g7;b772 and 7ii7 any other applicable laws4 7,c7 ,consultation ,the management plan shall be prepared in consultation with-- 7i7 the ,secretary of ,agriculture2 7ii7 ,state and local governments2 7iii7 ,indian tribes and pueblos1 including the ,pueblos of ,jemez1 ,santa ,clara1 and ,san ,ildefonso2 and 7iv7 the public4 7c7 ,acquisition of land 7#a7 in general ,the ,secretary may acquire land and interests in land within the boundaries of the ,preserve by-- 7,a7 purchase with donated or appropriated funds2 7,b7 donation2 or 7,c7 transfer from another ,federal agency4 7#b7 ,administration of acquired land ,on acquisition of any land or interests in land under paragraph 7#a71 the acquired land or interests in land shall be administered as part of the ,preserve4 7d7 ,science and education program 7#a7 ,in general ,the ,secretary shall-- 7,a7 until the date on which a management plan is completed in accordance with subsection 7b77#c71 carry out the science and education program for the ,preserve established by the ,trust2 and 7,b7 beginning on the date on which a management plan is completed in accordance with subsection 7b77#c71 establish a science and education program for the ,preserve that-- 7i7 allows for research and interpretation of the natural1 historic1 cultural1 geologic and other scientific features of the ,preserve2 7ii7 provides for improved methods of ecological restoration and science-based adaptive management of the ,preserve2 and 7iii7 promotes outdoor educational experiences in the ,preserve4 7#b7 ,science and education center ,as part of the program established under paragraph 7#a77;,b71 the ,secretary may establish a science and education center outside the boundaries of the ,preserve4 7e7 ,grazing ,the ,secretary may allow the grazing of livestock within the ,preserve to continue-- 7#a7 consistent with this ,act2 and 7#b7 to the extent the use furthers scientific research or interpretation of the ranching history of the ,preserve4 7f7 ,fish and wildlife ,nothing in this ,act affects the responsibilities of the ,state with respect to fish and wildlife in the ,state1 except that the ,secretary1 in consultation with the ,new ,mexico ,department of ,game and ,fish-- 7#a7 shall permit hunting and fishing on land and water within the ,preserve in accordance with applicable ,federal and ,state laws2 and 7#b7 may designate zones in which1 and establish periods during which1 no hunting or fishing shall be permitted for reasons of public safety1 administration1 the protection of wildlife and wildlife habitats1 or public use and enjoyment4 7g7 ,ecological ,restoration 7#a7 ,in general ,the ,secretary shall undertake activities to improve the health of forest1 grassland1 and riparian areas within the ,preserve1 including any activities carried out in accordance with title ,,iv of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcja et seq474 7#b7 ,cooperative agreements ,the ,secretary may enter into cooperative agreements with adjacent pueblos to coordinate activities carried out under paragraph 7#a7 on the ,preserve and adjacent pueblo land4 7h7 ,withdrawal ,subject to valid existing rights1 all land and interests in land within the boundaries of the ,preserve are withdrawn from-- 7#a7 entry1 disposal1 or appropriation under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing laws1 geothermal leasing laws1 and mineral materials laws4 7i7 ,volcanic domes and other ,peaks 7#a7 ,in general ,except as provided in paragraph 7#c71 for the purposes of preserving the natural1 cultural1 religious1 archaeological1 and historic resources of the volcanic domes and other peaks in the ,preserve described in paragraph 7#b7 within the area of the domes and peaks above #i1fjj feet in elevation or #bej feet below the top of the dome1 whichever is lower-- 7,a7 no roads or buildings shall be constructed2 and 7,b7 no motorized access shall be allowed4 7#b7 ,description of volcanic domes ,the volcanic domes and other peaks referred to in paragraph 7#a7 are-- 7,a7 ,redondo ,peak2 7,b7 ,redondito2 7,c7 ,south ,mountain2 7,d7 ,san ,antonio ,mountain2 7,e7 ,cerro ,seco2 7,f7 ,cerro ,san ,luis2 7,g7 ,cerros ,santa ,rosa2 7,h7 ,cerros del ,abrigo2 7,i7 ,cerro del ,medio2 7,j7 ,rabbit ,mountain2 7,k7 ,cerro ,grande2 7,l7 ,cerro ,toledo2 7,m7 ,indian ,point2 7,n7 ,sierra de los ,valles2 and 7,o7 ,cerros de los ,posos4 7#c7 ,exception ,paragraph 7#a7 shall not apply in cases in which construction or motorized access is necessary for administrative purposes 7including ecological restoration activities or measures required in emergencies to protect the health and safety of persons in the area74 7j7 ,traditional cultural and religious sites 7#a7 ,in general ,the ,secretary1 in consultation with ,indian tribes and pueblos1 shall ensure the protection of traditional cultural and religious sites in the ,preserve4 7#b7 ,access ,the ,secretary1 in accordance with ,public ,law #ie-cda 7commonly known as the ,american ,indian ,religious ,freedom ,act7 7#db ,u4,s4,c4 #aiif7-- 7,a7 shall provide access to the sites described in paragraph 7#a7 by members of ,indian tribes or pueblos for traditional cultural and customary uses2 and 7,b7 may1 on request of an ,indian tribe or pueblo1 temporarily close to general public use #a or more specific areas of the ,preserve to protect traditional cultural and customary uses in the area by members of the ,indian tribe or pueblo4 7#c7 ,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 ,reservation1 to the extent the prohibition was in effect on the date of enactment of this ,act4 7k7 ,caldera rim trail 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 affected ,indian tribes and pueblos1 and the public1 shall study the feasibility of establishing a hiking trail along the rim of the ,valles ,caldera on-- 7,a7 land within the ,preserve2 and 7,b7 ,national ,forest ,system land that is adjacent to the ,preserve4 7#b7 ,agreements ,on the request of an affected ,indian tribe or pueblo1 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-- 7,a7 cultural and religious sites in the vicinity of the trail2 and 7,b7 the privacy of adjacent pueblo land4 7l7 ,valid ,existing ,rights ,nothing in this ,act affects valid existing rights4 #d4 ,transfer of administrative jurisdiction 7a7 ,in general ,administrative jurisdiction over the ,preserve is transferred from the ,secretary of ,agriculture and the ,trust to the ,secretary1 to be administered as a unit of the ,national ,park ,system1 in accordance with section #c4 7b7 ,exclusion from santa fe national forest ,the boundaries of the ,santa ,fe ,national ,forest are modified to exclude the ,preserve4 7c7 ,interim management 7#a7 ,memorandum of agreement ,not later than #ij days after the date of enactment of this ,act1 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 ,preserve4 7#b7 ,existing management plans ,notwithstanding the repeal made by section #e7;a71 until the date on which the ,secretary completes a management plan for the ,preserve in accordance with section #c7;b77#c71 the ,secretary may administer the ,preserve in accordance with any management activities or plans adopted by the ,trust under the ,valles ,caldera ,preservation ,act 7#af ,u4,s4,c4 #fihv et seq471 to the extent the activities or plans are consistent with section #c7;b77#a74 7#c7 ,public use ,the ,preserve shall remain open to public use during the interim management period1 subject to such terms and conditions as the ,secretary determines to be appropriate4 7d7 ,valles caldera trust 7#a7 ,termination ,the ,trust shall terminate #ahj 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 ,preserve4 7#b7 ,assets and liabilities 7,a7 ,assets ,on termination of the ,trust-- 7i7 all assets of the ,trust shall be transferred to the ,secretary2 and 7ii7 any amounts appropriated for the ,trust shall remain available to the ,secretary for the administration of the ,preserve4 7,b7 ,assumption of obligations 7i7 ,in general ,on termination of the ,trust1 the ,secretary shall assume all contracts1 obligations1 and other liabilities of the ,trust4 7ii7 ,new liabilities 7,i7 ,budget ,not later than #ij days after the date of enactment of this ,act1 the ,secretary and the ,trust shall prepare a budget for the interim management of the ,preserve4 7,,ii7 ,written concurrence required ,the ,trust shall not incur any new liabilities not authorized in the budget prepared under subclause 7,i7 without the written concurrence of the ,secretary4 7#c7 ,personnel 7,a7 ,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 ,agriculture4 7,b7 ,salary ,any employees hired from the ,trust under subparagraph 7,a7 shall be subject to the provisions of chapter #ea1 and subchapter ,,iii of chapter #ec1 title #e1 ,united ,states ,code1 relating to classification and ,general ,schedule pay rates4 7,c7 ,interim retention of eligible employees ,for a period of not less than #ahj days beginning on the date of enactment of this ,act1 all eligible employees of the ,trust shall be-- 7i7 retained in the employment of the ,trust2 7ii7 considered to be placed on detail to the ,secretary2 and 7iii7 subject to the direction of the ,secretary4 7,d7 ,termination for cause ,nothing in this paragraph precludes the termination of employment of an eligible employee for cause during the period described in subparagraph 7,c74 7#d7 ,records ,the ,secretary shall have access to all records of the ,trust pertaining to the management of the ,preserve4 7#e7 ,valles caldera fund 7,a7 ,in general ,effective on the date of enactment of this ,act1 the ,secretary shall assume the powers of the ,trust over the ,fund4 7,b7 ,availability and use ,any amounts in the ,fund as of the date of enactment of this ,act shall be available to the ,secretary for use1 without further appropriation1 for the management of the ,preserve4 #e4 ,repeal of valles caldera preservation act 7a7 ,repeal ,on the termination of the ,trust1 the ,valles ,caldera ,preservation ,act 7#af ,u4,s4,c4 #fihv et seq47 is repealed4 7b7 ,effect of repeal ,notwithstanding the repeal made by subsection 7a7-- 7#a7 the authority of the ,secretary of ,agriculture to acquire mineral interests under section #ajd7;e7 of the ,valles ,caldera ,preservation ,act 7#af ,u4,s4,c4 #fihv-#b7;e77 is transferred to the ,secretary and any proceeding for the condemnation of1 or payment of compensation for1 an outstanding mineral interest pursuant to the transferred authority shall continue2 7#b7 the provisions in section #ajd7;g7 of the ,valles ,caldera ,preservation ,act 7#af ,u4,s4,c4 #fihv-#b7;g77 relating to the ,pueblo of ,santa ,clara shall remain in effect2 and 7#c7 the ,fund shall not be terminated until all amounts in the ,fund have been expended by the ,secretary4 7c7 ,boundaries ,the repeal of the ,valles ,caldera ,preservation ,act 7#af ,u4,s4,c4 #fihv et seq47 shall not affect the boundaries as of the date of enactment of this ,act 7including maps and legal descriptions7 of-- 7#a7 the ,preserve2 7#b7 the ,santa ,fe ,national ,forest 7other than the modification made by section #d7;b772 7#c7 ,bandelier ,national ,monument2 and 7#d7 any land conveyed to the ,pueblo of ,santa ,clara4 #f4 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this ,act4