--- kind: "diff" citation: "S. 285" bill: "113-s-285" heading: "Valles Caldera National Preserve Management Act" from: "is" from_label: "Introduced in Senate" to: "rs" to_label: "Reported in Senate" sections_amended: 1 sections_added: 0 sections_removed: 0 url: "https://uscodex.org/bills/113/s/285/changes/rs" --- # S. 285 — what changed S. 285, Valles Caldera National Preserve Management Act — 1 section amended between Introduced in Senate and Reported in Senate. Edits are marked `struck` and `inserted`. ## Sec. 3 Valles caldera national preserve - (a) Designation as Unit of the National Park System— 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. - (b) Management— - (1) Applicable law— The Secretary shall administer the Preserve in accordance with— - (A) this Act; and - (B) 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.); and - (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). - (2) Management coordination— The Secretary may coordinate the management and operations of the Preserve with the Bandelier National Monument. - (3) Management plan— - (A) In general— Not later than 3 fiscal years after the date on which funds are made available to implement this subsection, the Secretary shall prepare a management plan for the Preserve. - (B) Applicable law— The management plan shall be prepared in accordance with— - (i) section 12(b) of Public Law 91–383 (commonly known as the “National Park Service General Authorities Act”) (16 U.S.C. 1a–7(b)); and - (ii) any other applicable laws. - (C) 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. - (c) Acquisition of land— - (1) in general— The Secretary may acquire land and interests in land within the boundaries of the Preserve by— - (A) purchase with donated or appropriated funds; - (B) donation; or - (C) transfer from another Federal agency. - (2) Administration of acquired land— On acquisition of any land or interests in land under paragraph (1), the acquired land or interests in land shall be administered as part of the Preserve. - (d) Science and education program— - (1) In general— The Secretary shall— - (A) until the date on which a management plan is completed in accordance with subsection (b)(3), carry out the science and education program for the Preserve established by the Trust; and - (B) beginning on the date on which a management plan is completed in accordance with subsection (b)(3), 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. - (2) Science and education center— As part of the program established under paragraph (1)(B), the Secretary may establish a science and education center outside the boundaries of the Preserve.Preserve in Jemez Springs, New Mexico. - (e) Grazing— The Secretary may mayshall allow the grazing of livestock within the Preserve to continue— - (1) at levels and locations determined by the Secretary to be appropriate, consistent with this Act; and - (2) to the extent the use furthers scientific research or interpretation of the ranching history of the Preserve. - (f) Fish and wildlife— Nothing in this Act affects the responsibilities of the State with respect to fish and wildlife in the State, except that the Secretary, in consultation with the New Mexico Department of Game and Fish— - (1) shall permit hunting and fishing on land and water within the Preserve in accordance with applicable Federal and State laws; and - (2) may designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, the protection of wildlife and wildlife habitats, or public use and enjoyment. - (f) Ecological Restoration—Hunting, fishing, and trapping— - (1) In general— Except as provided in paragraph (2), the Secretary shall permit hunting, fishing, and trapping on land and water within the Preserve in accordance with applicable Federal and State law. - (2) Administrative exceptions— The Secretary may designate areas in which, and establish limited periods during which, no hunting, fishing, or trapping shall be permitted under paragraph (1) for reasons of public safety, administration, or compliance with applicable law. - (3) Agency agreement— Except in an emergency, regulations closing areas within the Preserve to hunting, fishing, or trapping under this subsection shall be made in consultation with the appropriate agency of the State having responsibility for fish and wildlife administration. - (4) Savings Clause— Nothing in this Act affects any jurisdiction or responsibility of the State with respect to fish and wildlife in the Preserve. - (g) Ecological Restoration— - (1) [was (8)(2)] In general— 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.). - (2) [was (8)(3)] Cooperative agreements— The Secretary may enter into cooperative agreements with adjacent pueblos to coordinate activities carried out under paragraph (1) on the Preserve and adjacent pueblo land. - (h) [was (9)] Withdrawal— Subject to valid existing rights, all land and interests in land within the boundaries of the Preserve are withdrawn from— - (1) [was (9)(3)] entry, disposal, or appropriation under the public land laws; - (2) [was (9)(4)] location, entry, and patent under the mining laws; and - (3) [was (9)(5)] operation of the mineral leasing laws, geothermal leasing laws, and mineral materials laws. - (i) Volcanic domes and other Peaks— - (i) Volcanic domes and other Peaks— - (1) [was (10)(2)] In general— Except as provided in paragraph (3), 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 paragraph (2) 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— - (A) [was (10)(2)(3)] no roads or buildings shall be constructed; and - (B) [was (10)(2)(4)] no motorized access shall be allowed. - (2) [was (10)(3)] Description of volcanic domes— The volcanic domes and other peaks referred to in paragraph (1) are— - (A) [was (10)(3)(3)] Redondo Peak; - (B) [was (10)(3)(4)] Redondito; - (C) [was (10)(3)(5)] South Mountain; - (D) [was (10)(3)(6)] San Antonio Mountain; - (E) [was (10)(3)(7)] Cerro Seco; - (F) [was (10)(3)(8)] Cerro San Luis; - (G) [was (10)(3)(9)] Cerros Santa Rosa; - (H) [was (10)(3)(10)] Cerros del Abrigo; - (I) [was (10)(3)(11)] Cerro del Medio; - (J) [was (10)(3)(12)] Rabbit Mountain; - (K) [was (10)(3)(13)] Cerro Grande; - (L) [was (10)(3)(14)] Cerro Toledo; - (M) [was (10)(3)(15)] Indian Point; - (N) [was (10)(3)(16)] Sierra de los Valles; and - (O) [was (10)(3)(17)] Cerros de los Posos. - (3) [was (10)(4)] Exception— Paragraph (1) 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). - (j) Traditional cultural and religious sites— - (j) Traditional cultural and religious sites— - (1) [was (11)(2)] In general— The Secretary, in consultation with Indian tribes and pueblos, shall ensure the protection of traditional cultural and religious sites in the Preserve. - (2) [was (11)(3)] Access— The Secretary, in accordance with Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996)— - (A) [was (11)(3)(3)] shall provide access to the sites described in paragraph (1) by members of Indian tribes or pueblos for traditional cultural and customary uses; and - (B) [was (11)(3)(4)] 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. - (3) [was (11)(4)] 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 Reservation, to the extent the prohibition was in effect on the date of enactment of this Act. - (k) Caldera rim trail— - (k) Caldera rim trail— - (1) [was (12)(2)] In general— Not later than 3 years after the date of enactment of this Act, 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— - (A) [was (12)(2)(3)] land within the Preserve; and - (B) [was (12)(2)(4)] National Forest System land that is adjacent to the Preserve. - (2) [was (12)(3)] 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— - (A) [was (12)(3)(3)] cultural and religious sites in the vicinity of the trail; and - (B) [was (12)(3)(4)] the privacy of adjacent pueblo land. - (l) [was (13)] Valid Existing Rights— Nothing in this Act affects valid existing rights.