§ 698v-3. — The Valles Caldera National Preserve.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC698v-3]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698v-3. The Valles Caldera National Preserve
(a) Establishment
Upon the date of acquisition of the Baca ranch under section 698v-
2(a) of this title, there is hereby established the Valles Caldera
National Preserve as a unit of the National Forest System which shall
include all Federal lands and interests in land acquired under sections
698v-2(a) and 698v-2(e) of this title, except those lands and interests
in land administered or held in trust by the Secretary of the Interior
under sections 698v-2(b) and 698v-2(g) of this title, and shall be
managed in accordance with the purposes and requirements of sections
698v to 698v-10 of this title.
(b) Purposes
The purposes for which the Preserve is established are to protect
and preserve the scientific, scenic, geologic, watershed, fish,
wildlife, historic, cultural, and recreational values of the Preserve,
and to provide for multiple use and sustained yield of renewable
resources within the Preserve, consistent with sections 698v to 698v-10
of this title.
(c) Management authority
Except for the powers of the Secretary enumerated in sections 698v
to 698v-10 of this title, the Preserve shall be managed by the Valles
Caldera Trust established by section 698v-4 of this title.
(d) Eligibility for payment in lieu of taxes
Lands acquired by the United States under section 698v-2(a) of this
title shall constitute entitlement lands for purposes of the Payment in
Lieu of Taxes Act (31 U.S.C. 6901-6904).
(e) Withdrawals
(1) In general
Upon acquisition of all interests in minerals within the
boundaries of the Baca ranch under section 698v-2(e) of this title,
subject to valid existing rights, the lands comprising the Preserve
are thereby withdrawn from disposition under all laws pertaining to
mineral leasing, including geothermal leasing.
(2) Materials for roads and facilities
Nothing in sections 698v to 698v-10 of this title shall preclude
the Secretary, prior to assumption of management of the Preserve by
the Trust, and the Trust thereafter, from allowing the utilization
of common varieties of mineral materials such as sand, stone, and
gravel as necessary for construction and maintenance of roads and
facilities within the Preserve.
(f) Fish and game
Nothing in sections 698v to 698v-10 of this title shall be construed
as affecting the responsibilities of the State of New Mexico with
respect to fish and wildlife, including the regulation of hunting,
fishing, and trapping within the Preserve, except that the Trust may, in
consultation with the Secretary and the State of New Mexico, designate
zones where and establish periods when no hunting, fishing, or trapping
shall be permitted for reasons of public safety, administration, the
protection of nongame species and their habitats, or public use and
enjoyment.
(g) Redondo Peak
(1) In general
For the purposes of preserving the natural, cultural, religious,
and historic resources on Redondo Peak upon acquisition of the Baca
ranch under section 698v-2(a) of this title, except as provided in
paragraph (2), within the area of Redondo Peak above 10,000 feet in
elevation--
(A) no roads, structures, or facilities shall be
constructed; and
(B) no motorized access shall be allowed.
(2) Exceptions
Nothing in this subsection shall preclude--
(A) the use and maintenance of roads and trails existing as
of July 25, 2000;
(B) the construction, use and maintenance of new trails, and
the relocation of existing roads, if located to avoid Native
American religious and cultural sites; and
(C) motorized access necessary to administer the area by the
Trust (including measures required in emergencies involving the
health or safety of persons within the area).
(Pub. L. 106-248, title I, Sec. 105, July 25, 2000, 114 Stat. 602.)
References in Text
The Payment in Lieu of Taxes Act, referred to in subsec. (d), is the
popular name for Pub. L. 94-565, Oct. 20, 1976, 90 Stat. 2662, as
amended, which was classified generally to sections 1601 to 1607 of
former Title 31, Money and Finance. Sections 1601 to 1607 of former
Title 31 were repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96
Stat. 1068, and reenacted by the first section thereof as sections 6901
to 6904 and 6906 of Title 31, Money and Finance.
The laws pertaining to mineral leasing, referred to in subsec.
(e)(1), are classified generally to Title 30, Mineral Lands and Mining.
Laws pertaining to geothermal leasing, referred to in subsec.
(e)(1), are classified principally to chapter 23 (Sec. 1001 et seq.) of
Title 30, Mineral Lands and Mining.
Section Referred to in Other Sections
This section is referred to in sections 698v, 698v-1, 698v-4, 698v-
6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.
