16 USC 698v-11 - Valles Caldera National Preserve, New Mexico

U.S Code last checked for updates: May 04, 2024

§ 698v–11.

Valles Caldera National Preserve, New Mexico

(a)

Definitions

In this section:

(1)

Eligible employee

(2)

Fund

(3)

Preserve

(4)

Secretary

(5)

State

(6)

Trust

(b)

Designation of Valles Caldera National Preserve as a unit of the National Park System

(1)

In general

(2)

Boundary

(A)

In general

(B)

Availability of map

(3)

Management

(A)

Applicable law

The Secretary shall administer the Preserve in accordance with—

(i)

this section; and

(ii)

the laws generally applicable to units of the National Park System, including—

(I)

the National Park Service Organic Act (16 U.S.C. 1 et seq.); 1

 See References in Text note below.

and

(II)

the Act of August 21, 1935 (16 U.S.C. 461 et seq.).¹

(B)

Management coordination

(C)

Management plan

(i)

In general

(ii)

Applicable law

The management plan shall be prepared in accordance with—

(I)

section 100502 of title 54; and

(II)

any other applicable laws.

(iii)

Consultation

The management plan shall be prepared in consultation with—

(I)

the Secretary of Agriculture;

(II)

State and local governments;

(III)

Indian tribes and pueblos, including the Pueblos of Jemez, Santa Clara, and San Ildefonso; and

(IV)

the public.

(4)

Acquisition of land

(A)

In general

The Secretary may acquire land and interests in land within the boundaries of the Preserve by—

(i)

purchase from a willing seller with donated or appropriated funds; or

(ii)

donation.

(B)

Prohibition of condemnation

(C)

Administration of acquired land

(5)

Science and education program

(A)

In general

The Secretary shall—

(i)

until the date on which a management plan is completed in accordance with paragraph (3)(C), carry out the science and education program for the Preserve established by the Trust; and

(ii)

beginning on the date on which a management plan is completed in accordance with paragraph (3)(C), establish a science and education program for the Preserve that—

(I)

allows for research and interpretation of the natural, historic, cultural, geologic and other scientific features of the Preserve;

(II)

provides for improved methods of ecological restoration and science-based adaptive management of the Preserve; and

(III)

promotes outdoor educational experiences in the Preserve.

(B)

Science and education center

(6)

Grazing

The Secretary shall allow the grazing of livestock within the Preserve to continue—

(A)

at levels and locations determined by the Secretary to be appropriate, consistent with this section; and

(B)

to the extent the use furthers scientific research or interpretation of the ranching history of the Preserve.

(7)

Hunting, fishing, and trapping

(A)

In general

(B)

Administrative exceptions

(C)

Agency agreement

(D)

Savings clause

(8)

Ecological restoration

(A)

In general

(B)

Agreements

(9)

Withdrawal

Subject to valid existing rights, all land and interests in land within the boundaries of the Preserve are withdrawn from—

(A)

entry, disposal, or appropriation under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

operation of the mineral leasing laws, geothermal leasing laws, and mineral materials laws.

(10)

Volcanic domes and other peaks

(A)

In general

Except as provided in subparagraph (C), for the purposes of preserving the natural, cultural, religious, archaeological, and historic resources of the volcanic domes and other peaks in the Preserve described in subparagraph (B) within the area of the domes and peaks above 9,600 feet in elevation or 250 feet below the top of the dome, whichever is lower—

(i)

no roads or buildings shall be constructed; and

(ii)

no motorized access shall be allowed.

(B)

Description of volcanic domes

The volcanic domes and other peaks referred to in subparagraph (A) are—

(i)

Redondo Peak;

(ii)

Redondito;

(iii)

South Mountain;

(iv)

San Antonio Mountain;

(v)

Cerro Seco;

(vi)

Cerro San Luis;

(vii)

Cerros Santa Rosa;

(viii)

Cerros del Abrigo;

(ix)

Cerro del Medio;

(x)

Rabbit Mountain;

(xi)

Cerro Grande;

(xii)

Cerro Toledo;

(xiii)

Indian Point;

(xiv)

Sierra de los Valles; and

(xv)

Cerros de los Posos.

(C)

Exception

(11)

Traditional cultural and religious sites

(A)

In general

(B)

Access

The Secretary, in accordance with Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996)—

(i)

shall provide access to the sites described in subparagraph (A) by members of Indian tribes or pueblos for traditional cultural and customary uses; and

(ii)

may, on request of an Indian tribe or pueblo, temporarily close to general public use 1 or more specific areas of the Preserve to protect traditional cultural and customary uses in the area by members of the Indian tribe or pueblo.

(C)

Prohibition on motorized access

(12)

Caldera rim trail

(A)

In general

Not later than 3 years after December 19, 2014, the Secretary, in consultation with the Secretary of Agriculture, affected Indian tribes and pueblos, and the public, shall study the feasibility of establishing a hiking trail along the rim of the Valles Caldera on—

(i)

land within the Preserve; and

(ii)

National Forest System land that is adjacent to the Preserve.

(B)

Agreements

On the request of an affected Indian tribe or pueblo, 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—

(i)

cultural and religious sites in the vicinity of the trail; and

(ii)

the privacy of adjacent pueblo land.

(13)

Valid existing rights

(c)

Transfer of administrative jurisdiction

(1)

In general

(2)

Exclusion from Santa Fe National Forest

(3)

Interim management

(A)

Memorandum of agreement

(B)

Existing management plans

(C)

Public use

(4)

Valles Caldera Trust

(A)

Termination

(B)

Assets and liabilities

(i)

Assets

On termination of the Trust—

(I)

all assets of the Trust shall be transferred to the Secretary; and

(II)

any amounts appropriated for the Trust shall remain available to the Secretary for the administration of the Preserve.

(ii)

Assumption of obligations

(I)

In general

(II)

New liabilities

(aa)

Budget

(bb)

Written concurrence required

(C)

Personnel

(i)

Hiring

(ii)

Salary

(iii)

Interim retention of eligible employees

For a period of not less than 180 days beginning on December 19, 2014, all eligible employees of the Trust shall be—

(I)

retained in the employment of the Trust;

(II)

considered to be placed on detail to the Secretary; and

(III)

subject to the direction of the Secretary.

(iv)

Termination for cause

(D)

Records

(E)

Valles Caldera Fund

(i)

In general

(ii)

Availability and use

(d)

Repeal of Valles Caldera Preservation Act

(1)

Repeal

(2)

Effect of repeal

Notwithstanding the repeal made by paragraph (1)—

(A)

the authority of the Secretary of Agriculture to acquire mineral interests under section 104(e) of the Valles Caldera Preservation Act is transferred to the Secretary and any proceeding for the condemnation of, or payment of compensation for, an outstanding mineral interest pursuant to the transferred authority shall continue;

(B)

the provisions in section 104(g) 2

 Text of section 104(g) is set out as a Pueblo of Santa Clara note below.

of the Valles Caldera Preservation Act relating to the Pueblo of Santa Clara shall remain in effect; and

(C)

the Fund shall not be terminated until all amounts in the Fund have been expended by the Secretary.

(3)

Boundaries

The repeal of the Valles Caldera Preservation Act shall not affect the boundaries as of December 19, 2014, (including maps and legal descriptions) of—

(A)

the Preserve;

(B)

the Santa Fe National Forest (other than the modification made by subsection (c)(2));

(C)

Bandelier National Monument; and

(D)

any land conveyed to the Pueblo of Santa Clara.

(Pub. L. 113–291, div. B, title XXX, § 3043, Dec. 19, 2014, 128 Stat. 3792.)

cite as: 16 USC 698v-11