United States Code
USC most recently checked for updates: Jun 16, 2019
The term “eligible employee” means a person who was a full-time or part-time employee of the Trust during the 180-day period immediately preceding
The term “Fund” means the Valles Caldera Fund established by section 106(h)(2) of the Valles Caldera Preservation Act.
The term “Preserve” means the Valles Caldera National Preserve in the State.
The term “Secretary” means the Secretary of the Interior.
The term “State” means the State of New Mexico.
The term “Trust” means the Valles Caldera Trust established by section 106(a) of the Valles Caldera Preservation Act.
To protect, preserve, and restore the fish, wildlife, watershed, natural, scientific, scenic, geologic, historic, cultural, archaeological, and recreational values of the area, the Valles Caldera National Preserve is designated as a unit of the National Park System.
The boundary of the Preserve shall consist of approximately 89,900 acres of land as depicted on the map entitled “Valles Caldera National Preserve Proposed Boundary”, numbered P80/102,036C, and dated
The map described in subparagraph (A) shall be on file and available for public inspection in appropriate offices of the National Park Service.
The Secretary may coordinate the management and operations of the Preserve with the Bandelier National Monument.
Not later than 3 fiscal years after the date on which funds are made available to implement this subparagraph, the Secretary shall prepare a management plan for the Preserve.
No land or interest in land within the boundaries of the Preserve may be acquired by condemnation.
On acquisition of any land or interests in land under subparagraph (A), the acquired land or interests in land shall be administered as part of the Preserve.
As part of the program established under subparagraph (A)(ii), the Secretary may establish a science and education center outside the boundaries of the Preserve in Jemez Springs, New Mexico.
Except as provided in subparagraph (B), the Secretary shall permit hunting, fishing, and trapping on land and water within the Preserve in accordance with applicable Federal and State law.
The Secretary may designate areas in which, and establish limited periods during which, no hunting, fishing, or trapping shall be permitted under subparagraph (A) for reasons of public safety, administration, or compliance with applicable law.
Except in an emergency, regulations closing areas within the Preserve to hunting, fishing, or trapping under this paragraph shall be made in consultation with the appropriate agency of the State having responsibility for fish and wildlife administration.
Nothing in this section affects any jurisdiction or responsibility of the State with respect to fish and wildlife in the Preserve.
The Secretary shall undertake activities to improve the health of forest, grassland, and riparian areas within the Preserve, including any activities carried out in accordance with title IV of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7301 et seq.).
The Secretary may enter into agreements with adjacent pueblos to coordinate activities carried out under subparagraph (A) on the Preserve and adjacent pueblo land.
Subparagraph (A) shall not apply in cases in which construction or motorized access is necessary for administrative purposes (including ecological restoration activities or measures required in emergencies to protect the health and safety of persons in the area).
The Secretary, in consultation with Indian tribes and pueblos, shall ensure the protection of traditional cultural and religious sites in the Preserve.
The Secretary shall maintain prohibitions on the use of motorized or mechanized travel on Preserve land located adjacent to the Santa Clara Indian Reservation, to the extent the prohibition was in effect on
Nothing in this section affects valid existing rights.
Administrative jurisdiction over the Preserve is transferred from the Secretary of Agriculture and the Trust to the Secretary, to be administered as a unit of the National Park System, in accordance with subsection (b).
The boundaries of the Santa Fe National Forest are modified to exclude the Preserve.
Not later than 90 days after
Notwithstanding the repeal made by subsection (d)(1), until the date on which the Secretary completes a management plan for the Preserve in accordance with subsection (b)(3)(C), the Secretary may administer the Preserve in accordance with any management activities or plans adopted by the Trust under the Valles Caldera Preservation Act, to the extent the activities or plans are consistent with subsection (b)(3)(A).
The Preserve shall remain open to public use during the interim management period, subject to such terms and conditions as the Secretary determines to be appropriate.
The Trust shall terminate 180 days after
On termination of the Trust, the Secretary shall assume all contracts, obligations, and other liabilities of the Trust.
Not later than 90 days after
The Trust shall not incur any new liabilities not authorized in the budget prepared under item (aa) without the written concurrence of the Secretary.
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 Agriculture.
Any employees hired from the Trust under clause (i) shall be subject to the provisions of chapter 51, and subchapter III of chapter 53, title 5, relating to classification and General Schedule pay rates.
Nothing in this subparagraph precludes the termination of employment of an eligible employee for cause during the period described in clause (iii).
The Secretary shall have access to all records of the Trust pertaining to the management of the Preserve.
Any amounts in the Fund as of
On the termination of the Trust, the Valles Caldera Preservation Act is repealed.