§ 698v-5. — Board of Trustees.
[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-5]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698v-5. Board of Trustees
(a) In general
The Trust shall be governed by a 9-member Board of Trustees
consisting of the following:
(1) Voting trustees
The voting Trustees shall be--
(A) the Supervisor of the Santa Fe National Forest, United
States Forest Service;
(B) the Superintendent of the Bandelier National Monument,
National Park Service; and
(C) seven individuals, appointed by the President, in
consultation with the congressional delegation from the State of
New Mexico. The seven individuals shall have specific expertise
or represent an organization or government entity as follows--
(i) one trustee shall have expertise in aspects of
domesticated livestock management, production, and
marketing, including range management and livestock business
management;
(ii) one trustee shall have expertise in the management
of game and nongame wildlife and fish populations, including
hunting, fishing, and other recreational activities;
(iii) one trustee shall have expertise in the
sustainable management of forest lands for commodity and
noncommodity purposes;
(iv) one trustee shall be active in a nonprofit
conservation organization concerned with the activities of
the Forest Service;
(v) one trustee shall have expertise in financial
management, budget and program analysis, and small business
operations;
(vi) one trustee shall have expertise in the cultural
and natural history of the region; and
(vii) one trustee shall be active in State or local
government in New Mexico, with expertise in the customs of
the local area.
(2) Qualifications
Of the trustees appointed by the President--
(A) none shall be employees of the Federal Government; and
(B) at least five shall be residents of the State of New
Mexico.
(b) Initial appointments
The President shall make the initial appointments to the Board of
Trustees within 90 days after acquisition of the Baca ranch under
section 698v-2(a) of this title.
(c) Terms
(1) In general
Appointed trustees shall each serve a term of 4 years, except
that of the trustees first appointed, four shall serve for a term of
4 years, and three shall serve for a term of 2 years.
(2) Vacancies
Any vacancy among the appointed trustees shall be filled in the
same manner in which the original appointment was made, and any
trustee appointed to fill a vacancy shall serve for the remainder of
that term for which his or her predecessor was appointed.
(3) Limitations
No appointed trustee may serve more than 8 years in consecutive
terms.
(d) Quorum
A majority of trustees shall constitute a quorum of the Board for
the conduct of business.
(e) Organization and compensation
(1) In general
The Board shall organize itself in such a manner as it deems
most appropriate to effectively carry out the activities of the
Trust.
(2) Compensation of trustees
Trustees shall serve without pay, but may be reimbursed from the
funds of the Trust for the actual and necessary travel and
subsistence expenses incurred by them in the performance of their
duties.
(3) Chair
Trustees shall select a chair from the membership of the Board.
(f) Liability of trustees
Appointed trustees shall not be considered Federal employees by
virtue of their membership on the Board, except for purposes of the
Federal Tort Claims Act, the Ethics in Government Act, and the
provisions of chapter 11 of title 18.
(g) Meetings
(1) Location and timing of meetings
The Board shall meet in sessions open to the public at least
three times per year in New Mexico. Upon a majority vote made in
open session, and a public statement of the reasons therefore, the
Board may close any other meetings to the public: Provided, That any
final decision of the Board to adopt or amend the comprehensive
management program under section 698v-6(d) of this title or to
approve any activity related to the management of the land or
resources of the Preserve shall be made in open public session.
(2) Public information
In addition to other requirements of applicable law, the Board
shall establish procedures for providing appropriate public
information and periodic opportunities for public comment regarding
the management of the Preserve.
(Pub. L. 106-248, title I, Sec. 107, July 25, 2000, 114 Stat. 606.)
References in Text
The Federal Tort Claims Act, referred to in subsec. (f), is
classified generally to section 1346(b) and chapter 171 (Sec. 2671 et
seq.) of Title 28, Judiciary and Judicial Procedure.
The Ethics in Government Act, referred to in subsec. (f), probably
means the Ethics in Government Act of 1978, Pub. L. 95-521, Oct. 26,
1978, 92 Stat. 1824, as amended. For complete classification of this Act
to the Code, see Short Title note set out under section 101 of Pub. L.
95-521 in the Appendix to Title 5, Government Organization and
Employees, and Tables.
Compensation for Trustees
Pub. L. 106-291, title II, Oct. 11, 2000, 114 Stat. 968, provided in
part: ``That notwithstanding the limitations of 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106-248) [16 U.S.C. 698v-5(e)(2)],
for fiscal years 2001 and 2002, the members of the Board of Trustees of
the Valles Caldera Trust may receive, upon request, compensation for
each day (including travel time) that they are engaged in the
performance of the functions of the Board. Compensation shall not exceed
the daily equivalent of the annual rate in effect for members of the
Senior Executive Service at the ES-1 level, and shall be in addition to
any reimbursement for travel, subsistence and other necessary expenses
incurred by them in the performance of their duties. Members of the
Board who are officers or employees of the United States shall not
receive any additional compensation by reason of service on the Board''.
Section Referred to in Other Sections
This section is referred to in sections 698v, 698v-1, 698v-3, 698v-
4, 698v-6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.
