TheWeekInCongress

TheWeekInCongress.com

Week Ending July 29, 2005

S.212 A bill to amend the Valles Caldera Preservation Act to improve the preservation of the Valles Caldera, and for other purposes.

BRIEF

The Valles Caldera National Preserve (`Preserve') is a 94,000-acre parcel of land in northern New Mexico that was acquired by the Federal Government in 2000 and is managed by a special trust

The Trust acquired seven eights of the mineral rights of the property leaving one eight in the hands of a private owner. When the Preservation was set up the law did not allow for acquiring the property from anyone other than an owner willing to sell. The current owner has taken action that causes the Trust to believe that he will lease his one eight to be tapped for geothermal energy. This is not what the Trust wants to happen.

This bill removes the willing seller restriction and directs the Secretary of Agriculture to acquire the mineral interests with available funds or through a declaration of taking if negotiations with the owner are unsuccessful.

The Trust is would also be made responsible to determine ‘the character of, and necessity for, any obligations and expenditures of the Trust and the manner in which obligations and expenditures shall be incurred and paid.

The Trust is also authorized to solicit donations and may not dispose of real property but can sell forage, forest products or marketable renewable resources.

Sponsor: Senator Pete V. Domenici (R-NM)

Vote: Passed Senate by Unanimous Consent (July 27, 2005)

Cost to the taxpayers: $3 million in compensation to the owners of those subsurface rights during fiscal years 2005 through 2008.