S. 1582Senate108th Congress (2003-2005)Passed Senate

Valles Caldera Preservation Act of 2004

A bill to amend the Valles Preservation Act to improve the preservation of the Valles Caldera, and for other purposes.

Also known as Valles Caldera Preservation Act of 2003

Introduced September 4, 2003

Legislative Activity

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10 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on National Parks, Recreation and Public Lands.

September 20, 2004

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SenateIntro Referral

Introduced in Senate

September 4, 2003

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

September 4, 2003

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests. Hearings held. With printed Hearing: S.Hrg. 108-196.

September 11, 2003

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

April 28, 2004

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Domenici with an amendment in the nature of a substitute. With written report No. 108-269.

May 20, 2004

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 524.

May 20, 2004

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S9327-9328; text as passed Senate: CR S9327-9328)

September 15, 2004

HouseFloor

Received in the House.

September 17, 2004 • 10:03 AM

SenateFloor

Message on Senate action sent to the House.

September 17, 2004

HouseIntro Referral

Referred to the House Committee on Resources.

September 17, 2004

HouseCommittee

Referred to the Subcommittee on National Parks, Recreation and Public Lands.

September 20, 2004

Floor Debate

5 members

What members said about S. 1582 on the floor

5 Republicans
George Allen
Sen. George AllenR-VA · Apr 28, 2004

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on April 28, 2004, at 11 a.m., in closed session, to receive a…

Jim Talent
Sen. Jim TalentR-MO · Feb 11, 2004

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, February 11, 2004, at 9:30 a.m. on Protecting Children From…

John Cornyn
Sen. John CornynR-TX · Sep 11, 2003

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on September 11, 2003, at 3 p.m., in closed session to receive a…

Larry E. Craig
Sen. Larry E. CraigR-ID · Sep 4, 2003

Madam President, I would like to announce for the information of the Senate and the public that the Subcommittee on Public Lands and Forests of the Committee on Energy and Natural Resources will hold…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Jun 15, 2004

Mr. President, at the time S. Rep. No. 108-269 was filed, the Congressional Budget Office report was not available. At the following link, ftp://ftp.cho.gov/54xx/doc5479/s1582.pdf, the CBO report for…

Bill Text

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Referred in HouseIssued September 17, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1582 Referred in House (RFH)]

2d Session
S. 1582

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 17, 2004

Referred to the Committee on Resources

_______________________________________________________________________

AN ACT

To amend the Valles Caldera Preservation Act to improve the
preservation of the Valles Caldera, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Valles Caldera Preservation Act of
2004''.

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 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.''.
(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 1 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. 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.--
``(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.''.

Passed the Senate September 15, 2004.

Attest:

EMILY J. REYNOLDS,

Secretary.