§ 698v–7. Authorities of the Secretary

(a) In general Notwithstanding the assumption of management of the Preserve by the Trust, the Secretary is authorized to—

(1) issue any rights-of-way, as defined in the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.], of over 10 years duration, in cooperation with the Trust, including, but not limited to, road and utility rights-of-way, and communication sites;

(2) issue orders under and enforce prohibitions generally applicable on other units of the National Forest System, in cooperation with the Trust;

(3) exercise the authorities of the Secretary under the Wild and Scenic Rivers Act (16 U.S.C. 1278, et seq.) and the Federal Power Act (16 U.S.C. 797, et seq.), in cooperation with the Trust;

(4) acquire the mineral rights referred to in section 698v–2(e) of this title;

(5) provide law enforcement and fire management services under section 698v–6(g) of this title;

(6) at the request of the Trust, exchange land or interests in land within the Preserve under laws generally applicable to other units of the National Forest System, or otherwise dispose of land or interests in land within the Preserve under sections 521c through 521i of this title;

(7) in consultation with the Trust, refer civil and criminal cases pertaining to the Preserve to the Department of Justice for prosecution;

(8) retain title to and control over fossils and archaeological artifacts found within the Preserve;

(9) at the request of the Trust, construct and operate a visitors’ center in or near the Preserve, subject to the availability of appropriated funds;

(10) conduct the assessment of the Trust’s performance, and, if the Secretary determines it necessary, recommend to Congress the termination of the Trust, under section 698v–8(b)(2) of this title; and

(11) conduct such other activities for which express authorization is provided to the Secretary by sections 698v to 698v–10 of this title.

(b) Interim management

(1) In general

The Secretary shall manage the Preserve in accordance with sections 698v to 698v–10 of this title during the interim period from the date of acquisition of the Baca ranch under section 698v–2(a) of this title to the date of assumption of management of the Preserve by the Trust under section 698v–6 of this title. The Secretary may enter into any agreement, lease, contract, or other arrangement on the same basis as the Trust under section 698v–6(c)(1) of this title: Provided, That any agreement, lease, contract, or other arrangement entered into by the Secretary shall not exceed two years in duration unless expressly extended by the Trust upon its assumption of management of the Preserve.

(2) Use of the fund

All monies received by the Secretary from the management of the Preserve during the interim period under paragraph (1) shall be deposited into the “Valles Caldera Fund” established under section 698v–4(h)(2) of this title, and such monies in the fund shall be available to the Secretary, without further appropriation, for the purpose of managing the Preserve in accordance with the responsibilities and authorities provided to the Trust under section 698v–6 of this title.

(c) Secretarial authority

The Secretary retains the authority to suspend any decision of the Board with respect to the management of the Preserve if he finds that the decision is clearly inconsistent with sections 698v to 698v–10 of this title. Such authority shall only be exercised personally by the Secretary, and may not be delegated. Any exercise of this authority shall be in writing to the Board, and notification of the decision shall be given to the Committees of Congress. Any suspended decision shall be referred back to the Board for reconsideration.

(d) Access

The Secretary shall at all times have access to the Preserve for administrative purposes.

(Pub. L. 106–248, title I, § 109, July 25, 2000, 114 Stat. 610.)

References In Text

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(1), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

The Wild and Scenic Rivers Act, referred to in subsec. (a)(3), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified generally to chapter 28 (§ 1271 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of this title and Tables.

The Federal Power Act, referred to in subsec. (a)(3), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.