Sec. 4. Transfer of administrative jurisdiction

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Administrative jurisdiction over the Preserve is transferred from the Secretary of Agriculture and the Trust to the Secretary, to be administered as a unit of the National Park System, in accordance with section 3. The boundaries of the Santa Fe National Forest are modified to exclude the Preserve. Not later than 90 days after the date of enactment of this Act, the Secretary and the Trust shall enter into a memorandum of agreement to facilitate the orderly transfer to the Secretary of the administration of the Preserve.

Notwithstanding the repeal made by section 5(a), until the date on which the Secretary completes a management plan for the Preserve in accordance with section 3(b)(3), the Secretary may administer the Preserve in accordance with any management activities or plans adopted by the Trust under the Valles Caldera Preservation Act ( 16 U.S.C. 698v et seq. ), to the extent the activities or plans are consistent with section 3(b)(1). The Preserve shall remain open to public use during the interim management period, subject to such terms and conditions as the Secretary determines to be appropriate.

The Trust shall terminate 180 days after the date of enactment of this Act unless the Secretary determines that the termination date should be extended to facilitate the transitional management of the Preserve. On termination of the Trust— all assets of the Trust shall be transferred to the Secretary; and any amounts appropriated for the Trust shall remain available to the Secretary for the administration of the Preserve. On termination of the Trust, the Secretary shall assume all contracts, obligations, and other liabilities of the Trust.

Not later than 90 days after the date of enactment of this Act, the Secretary and the Trust shall prepare a budget for the interim management of the Preserve. The Trust shall not incur any new liabilities not authorized in the budget prepared under subclause

(I)without the written concurrence of the Secretary. The Secretary and the Secretary of Agriculture may hire employees of the Trust on a noncompetitive basis for comparable positions at the Preserve or other areas or offices under the jurisdiction of the Secretary or the Secretary of Agriculture. Any employees hired from the Trust under subparagraph

(A)shall be subject to the provisions of chapter 51, and subchapter III of chapter 53, title 5, United States Code, relating to classification and General Schedule pay rates. For a period of not less than 180 days beginning on the date of enactment of this Act, all eligible employees of the Trust shall be— retained in the employment of the Trust; considered to be placed on detail to the Secretary; and subject to the direction of the Secretary. Nothing in this paragraph precludes the termination of employment of an eligible employee for cause during the period described in subparagraph (C). The Secretary shall have access to all records of the Trust pertaining to the management of the Preserve. Effective on the date of enactment of this Act, the Secretary shall assume the powers of the Trust over the Fund. Any amounts in the Fund as of the date of enactment of this Act shall be available to the Secretary for use, without further appropriation, for the management of the Preserve.

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16 USC 698v

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Sec. 4

Transfer of administrative jurisdiction

Cite16 USC 698v

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