§ 698v-6. — Resource management.
[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-6]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698v-6. Resource management
(a) Assumption of management
The Trust shall assume all authority provided by sections 698v to
698v-10 of this title to manage the Preserve upon a determination by the
Secretary, which to the maximum extent practicable shall be made within
60 days after the appointment of the Board, that--
(1) the Board is duly appointed, and able to conduct business;
and
(2) provision has been made for essential management services.
(b) Management responsibilities
Upon assumption of management of the Preserve under subsection (a)
of this section, the Trust shall manage the land and resources of the
Preserve and the use thereof including, but not limited to such
activities as--
(1) administration of the operations of the Preserve;
(2) preservation and development of the land and resources of
the Preserve;
(3) interpretation of the Preserve and its history for the
public;
(4) management of public use and occupancy of the Preserve; and
(5) maintenance, rehabilitation, repair, and improvement of
property within the Preserve.
(c) Authorities
(1) In general
The Trust shall develop programs and activities at the Preserve,
and shall have the authority to negotiate directly and enter into
such agreements, leases, contracts and other arrangements with any
person, firm, association, organization, corporation or governmental
entity, including without limitation, entities of Federal, State,
and local governments, and consultation with Indian tribes and
Pueblos, as are necessary and appropriate to carry out its
authorized activities or fulfill the purposes of sections 698v to
698v-10 of this title. Any such agreements may be entered into
without regard to section 1302 of title 40.
(2) Procedures
The Trust shall establish procedures for entering into lease
agreements and other agreements for the use and occupancy of
facilities of the Preserve. The procedures shall ensure reasonable
competition, and set guidelines for determining reasonable fees,
terms, and conditions for such agreements.
(3) Limitations
The Trust may not dispose of any real property in, or convey any
water rights appurtenant to the Preserve. The Trust may not convey
any easement, or enter into any contract, lease, or other agreement
related to use and occupancy of property within the Preserve for a
period greater than 10 years. Any such easement, contract, lease, or
other agreement shall provide that, upon termination of the Trust,
such easement, contract, lease or agreement is terminated.
(4) Application of procurement laws
(A) In general
Notwithstanding any other provision of law, Federal laws and
regulations governing procurement by Federal agencies shall not
apply to the Trust, with the exception of laws and regulations
related to Federal Government contracts governing health and
safety requirements, wage rates, and civil rights.
(B) Procedures
The Trust, in consultation with the Administrator of Federal
Procurement Policy, Office of Management and Budget, shall
establish and adopt procedures applicable to the Trust's
procurement of goods and services, including the award of
contracts on the basis of contractor qualifications, price,
commercially reasonable buying practices, and reasonable
competition.
(d) Management program
Within two years after assumption of management responsibilities for
the Preserve, the Trust shall, in accordance with subsection (f) of this
section, develop a comprehensive program for the management of lands,
resources, and facilities within the Preserve to carry out the purposes
under section 698v-3(b) of this title. To the extent consistent with
such purposes, such program shall provide for--
(1) operation of the Preserve as a working ranch, consistent
with paragraphs (2) through (4);
(2) the protection and preservation of the scientific, scenic,
geologic, watershed, fish, wildlife, historic, cultural and
recreational values of the Preserve;
(3) multiple use and sustained yield of renewable resources
within the Preserve;
(4) public use of and access to the Preserve for recreation;
(5) renewable resource utilization and management alternatives
that, to the extent practicable--
(A) benefit local communities and small businesses;
(B) enhance coordination of management objectives with those
on surrounding National Forest System land; and
(C) provide cost savings to the Trust through the exchange
of services, including but not limited to labor and maintenance
of facilities, for resources or services provided by the Trust;
and
(6) optimizing the generation of income based on existing market
conditions, to the extent that it does not unreasonably diminish the
long-term scenic and natural values of the area, or the multiple use
and sustained yield capability of the land.
(e) Public use and recreation
(1) In general
The Trust shall give thorough consideration to the provision of
appropriate opportunities for public use and recreation that are
consistent with the other purposes under section 698v-3(b) of this
title. The Trust is expressly authorized to construct and upgrade
roads and bridges, and provide other facilities for activities
including, but not limited to camping and picnicking, hiking, and
cross country skiing. Roads, trails, bridges, and recreational
facilities constructed within the Preserve shall meet public safety
standards applicable to units of the National Forest System and the
State of New Mexico.
(2) Fees
Notwithstanding any other provision of law, the Trust is
authorized to assess reasonable fees for admission to, and the use
and occupancy of, the Preserve: Provided, That admission fees and
any fees assessed for recreational activities shall be implemented
only after public notice and a period of not less than 60 days for
public comment.
(3) Public access
Upon the acquisition of the Baca ranch under section 698v-2(a)
of this title, and after an interim planning period of no more than
two years, the public shall have reasonable access to the Preserve
for recreation purposes. The Secretary, prior to assumption of
management of the Preserve by the Trust, and the Trust thereafter,
may reasonably limit the number and types of recreational admissions
to the Preserve, or any part thereof, based on the capability of the
land, resources, and facilities. The use of reservation or lottery
systems is expressly authorized to implement this paragraph.
(f) Applicable laws
(1) In general
The Trust, and the Secretary in accordance with section 698v-
7(b) of this title, shall administer the Preserve in conformity with
sections 698v to 698v-10 of this title and all laws pertaining to
the National Forest System, except the Forest and Rangeland
Renewable Resources Planning Act of 1974, as amended (16 U.S.C. 1600
et seq.).
(2) Environmental laws
The Trust shall be deemed a Federal agency for the purposes of
compliance with Federal environmental laws.
(3) Criminal laws
All criminal laws relating to Federal property shall apply to
the same extent as on adjacent units of the National Forest System.
(4) Reports on applicable rules and regulations
The Trust may submit to the Secretary and the Committees of
Congress a compilation of applicable rules and regulations which in
the view of the Trust are inappropriate, incompatible with sections
698v to 698v-10 of this title, or unduly burdensome.
(5) Consultation with tribes and Pueblos
The Trust is authorized and directed to cooperate and consult
with Indian tribes and Pueblos on management policies and practices
for the Preserve which may affect them. The Trust is authorized to
allow the use of lands within the Preserve for religious and
cultural uses by Native Americans and, in so doing, may set aside
places and times of exclusive use consistent with the American
Indian Religious Freedom Act [42 U.S.C. 1996, 1996a] and other
applicable statutes.
(6) No administrative appeal
The administrative appeals regulations of the Secretary shall
not apply to activities of the Trust and decisions of the Board.
(g) Law enforcement and fire management
The Secretary shall provide law enforcement services under a
cooperative agreement with the Trust to the extent generally authorized
in other units of the National Forest System. The Trust shall be deemed
a Federal agency for purposes of the law enforcement authorities of the
Secretary (within the meaning of section 559g of this title). At the
request of the Trust, the Secretary may provide fire presuppression,
fire suppression, and rehabilitation services: Provided, That the Trust
shall reimburse the Secretary for salaries and expenses of fire
management personnel, commensurate with services provided.
(Pub. L. 106-248, title I, Sec. 108, July 25, 2000, 114 Stat. 607.)
References in Text
The Forest and Rangeland Renewable Resources Planning Act of 1974,
referred to in subsec. (f)(1), is Pub. L. 93-378, Aug. 17, 1974, 88
Stat. 476, as amended, which is classified generally to subchapter I
(Sec. 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1600 of this title and Tables.
The American Indian Religious Freedom Act, referred to in subsec.
(f)(5), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469, as amended,
which is classified to sections 1996 and 1996a of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 1996 of Title 42 and Tables.
Codification
``Section 1302 of title 40'' substituted in subsec. (c)(1) for
``section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)'' on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303,
the first section of which enacted Title 40, Public Buildings, Property,
and Works.
Section Referred to in Other Sections
This section is referred to in sections 698v, 698v-1, 698v-3, 698v-
4, 698v-5, 698v-7, 698v-8, 698v-9, 698v-10 of this title.
