§ 698v-4. — The Valles Caldera Trust.
[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-4]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698v-4. The Valles Caldera Trust
(a) Establishment
There is hereby established a wholly owned government corporation
known as the Valles Caldera Trust which is empowered to conduct business
in the State of New Mexico and elsewhere in the United States in
furtherance of its corporate purposes.
(b) Corporate purposes
The purposes of the Trust are--
(1) to provide management and administrative services for the
Preserve;
(2) to establish and implement management policies which will
best achieve the purposes and requirements of sections 698v to 698v-
10 of this title;
(3) to receive and collect funds from private and public sources
and to make dispositions in support of the management and
administration of the Preserve; and
(4) to cooperate with Federal, State, and local governmental
units, and with Indian tribes and Pueblos, to further the purposes
for which the Preserve was established.
(c) Necessary powers
The Trust shall have all necessary and proper powers for the
exercise of the authorities vested in it.
(d) Staff
(1) In general
The Trust is authorized to appoint and fix the compensation and
duties of an executive director and such other officers and
employees as it deems necessary without regard to the provisions of
title 5 governing appointments in the competitive service, and may
pay them without regard to the provisions of chapter 51, and
subchapter III of chapter 53, title 5, relating to classification
and General Schedule pay rates. No employee of the Trust shall be
paid at a rate in excess of that payable to the Supervisor of the
Santa Fe National Forest or the Superintendent of the Bandelier
National Monument, whichever is greater.
(2) Federal employees
(A) In general
Except as provided in sections 698v to 698v-10 of this
title, employees of the Trust shall be Federal employees as
defined by title 5 and shall be subject to all rights and
obligations applicable thereto.
(B) Use of Federal employees
At the request of the Trust, the employees of any Federal
agency may be provided for implementation of sections 698v to
698v-10 of this title. Such employees detailed to the Trust for
more than 30 days shall be provided on a reimbursable basis.
(e) Government Corporation
(1) In general
The Trust shall be a Government Corporation subject to chapter
91 of title 31 (commonly referred to as the Government Corporation
Control Act). Financial statements of the Trust shall be audited
annually in accordance with section 9105 of title 31.
(2) Reports
Not later than January 15 of each year, the Trust shall submit
to the Secretary and the Committees of Congress a comprehensive and
detailed report of its operations, activities, and accomplishments
for the prior year including information on the status of
ecological, cultural, and financial resources being managed by the
Trust, and benefits provided by the Preserve to local communities.
The report shall also include a section that describes the Trust's
goals for the current year.
(3) Annual budget
(A) In general
The Trust shall prepare an annual budget with the goal of
achieving a financially self-sustaining operation within 15 full
fiscal years after the date of acquisition of the Baca ranch
under section 698v-2(a) of this title.
(B) Budget request
The Secretary shall provide necessary assistance (including
detailees as necessary) to the Trust for the timely formulation
and submission of the annual budget request for appropriations,
as authorized under section 698v-9(a) of this title, to support
the administration, operation, and maintenance of the Preserve.
(f) Taxes
The Trust and all properties administered by the Trust shall be
exempt from all taxes and special assessments of every kind by the State
of New Mexico, and its political subdivisions including the counties of
Sandoval and Rio Arriba.
(g) Donations
The Trust may solicit and accept donations of funds, property,
supplies, or services from individuals, foundations, corporations, and
other private or public entities for the purposes of carrying out its
duties. The Secretary, prior to assumption of management of the Preserve
by the Trust, and the Trust thereafter, may accept donations from such
entities notwithstanding that such donors may conduct business with the
Department of Agriculture or any other department or agency of the
United States.
(h) Proceeds
(1) In general
Notwithstanding sections 1341 and 3302 of title 31, all monies
received from donations under subsection (g) of this section or from
the management of the Preserve shall be retained and shall be
available, without further appropriation, for the administration,
preservation, restoration, operation and maintenance, improvement,
repair, and related expenses incurred with respect to properties
under its management jurisdiction.
(2) Fund
There is hereby established in the Treasury of the United States
a special interest bearing fund entitled ``Valles Caldera Fund''
which shall be available, without further appropriation for any
purpose consistent with the purposes of sections 698v to 698v-10 of
this title. At the option of the Trust, or the Secretary in
accordance with section 698v-8 of this title, the Secretary of the
Treasury shall invest excess monies of the Trust in such account,
which shall bear interest at rates determined by the Secretary of
the Treasury taking into consideration the current average market
yield on outstanding marketable obligations of the United States of
comparable maturity.
(i) Restrictions on disposition of receipts
Any funds received by the Trust, or the Secretary in accordance with
section 698v-7(b) of this title, from the management of the Preserve
shall not be subject to partial distribution to the State under--
(1) the Act of May 23, 1908, entitled ``an Act making
appropriations for the Department of Agriculture for the fiscal year
ending June thirtieth, nineteen hundred and nine'' (35 Stat. 260,
chapter 192; 16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 500); or
(3) any other law.
(j) Suits
The Trust may sue and be sued in its own name to the same extent as
the Federal Government. For purposes of such suits, the residence of the
Trust shall be the State of New Mexico. The Trust shall be represented
by the Attorney General in any litigation arising out of the activities
of the Trust, except that the Trust may retain private attorneys to
provide advice and counsel.
(k) Bylaws
The Trust shall adopt necessary bylaws to govern its activities.
(l) Insurance and bond
The Trust shall require that all holders of leases from, or parties
in contract with, the Trust that are authorized to occupy, use, or
develop properties under the management jurisdiction of the Trust,
procure proper insurance against any loss in connection with such
properties, or activities authorized in such lease or contract, as is
reasonable and customary.
(m) Name and insignia
The Trust shall have the sole and exclusive right to use the words
``Valles Caldera Trust'', and any seal, emblem, or other insignia
adopted by the Board of Trustees. Without express written authority of
the Trust, no person may use the words ``Valles Caldera Trust'' as the
name under which that person shall do or purport to do business, for the
purpose of trade, or by way of advertisement, or in any manner that may
falsely suggest any connection with the Trust.
(Pub. L. 106-248, title I, Sec. 106, July 25, 2000, 114 Stat. 603.)
References in Text
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (d)(1), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 698v, 698v-1, 698v-3, 698v-
6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.
