[Senate Report 109-10]
[From the U.S. Government Publishing Office]
Calendar No. 21
109th Congress Report
SENATE
1st Session 109-10
======================================================================
VALLES CALDERA PRESERVATION ACT OF 2005
_______
February 23, 2005.--Ordered to be printed
Filed, under authority of the order of the Senate of February 17, 2005
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 212]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 212) to amend the Vlles Caldera
Preservation Act to improve the preservation of the Valles
Caldera, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose of the Measure
The purpose of S. 212 is to amend the Valles Caldera
Preservation Act to improve the preservation of the Valles
Caldera, and for other purposes.
Background and Need
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 and is managed by a special
trust. The Valles Caldera Preservation Act directed the
Secretary of Agriculture (Secretary) to acquire the Baca Ranch
and to manage it as a preserve. Further, the law established
the Valles Caldera Trust (Trust), a governmental corporation to
manage the Preserve.
Since passage of the Valles Caldera Preservation Act in
2000, the Trust has experienced some growing pains. Some of the
Federal policies on management and personnel do not meet the
needs of the Trust and some of the policy simply needs to be
clarified so the Trust and the Forest Service can more
effectively address the issues faced by the Trust.
S. 212 addresses issues that have arisen to help facilitate
and ensure that the Trust can operate in a cost efficient and
effective manner.
Legislative History
S. 212 was introduced by Senators Domenici and Bingaman on
January 31, 2005. A similar bill (S. 1582) was introduced by
Senators Domenici and Bingaman in the 108th Congress. The
Subcommittee on Public Lands and Forests held a hearing on
September 11, 2003 (S. Hrg. 108-196). At its business meeting
on April 28, 2004, the Committee ordered the bill favorably
reported with an amendment in the nature of a substitute (S.
Rept. 108-269). The Senate passed S. 1582, as amended, by
unanimous consent on September 15, 2004.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on February 9, 2005, by unanimous voice
vote of a quorum present, recommends that the Senate pass S.
212.
Section-by-Section Analysis
Section 1 entitles the bill the ``Valles Caldera
Preservation Act of 2005''.
Section 2(a) amends section 104(e) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-2(e)) by removing the willing
seller limitation from the original law and by directing the
Secretary to acquire the minority mineral interests at the
Preserve. It requires these interests to be acquired with
available funds or through a declaration of taking if
negotiations are unsuccessful by the date 60 days after
enactment of the Act. Further, any difference between the
estimated just compensation by the Secretary and the amount
awarded shall be paid from the permanent judgment appropriation
authorized by section 1304 of title 31, United States Code.
Subsection (b) amends section 106(e) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(e)) by clarifying that the
Trust shall 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.
Subsection (c) amends section 106(g) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(g)) to allow the members of
the Board of Trustees, the executive director and one
additional employee of the Trust to solicit donations to the
Trust.
Subsection (d) amends section 106(h)(1) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-4(h)(1) to allow the
Trust to retain monies received from claims, judgments, or
settlements arising from activities occurring on the Baca Ranch
or the Preserve after October 27, 1999.
Section 3 amends section 107(e) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-5(e)) to allow the chairman of
the Board of Trustees to be compensated for each day the chair
is engaged in the performance of duties for the Board of
Trustees. Compensation will not exceed 25 percent of the annual
rate of pay for level IV of the Executive Schedule.
Section 4a amends section 108(c)(3) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-6(c)(3)) to clarify that the
Trust may not dispose of real property, but may dispose of and
sell forage, forest products, or marketable renewable
resources.
Subsection (b) amends section 108(g) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-6(g)) to direct the Secretary,
in consultation with the Trust, to develop a fire preparedness,
suppression, and emergency rehabilitation services plan for the
Preserve that is consistent with the management plan developed
by the Trust and to provide those services on a non-
reimbursable basis. The Secretary may also provide
presuppression and nonemergency rehabilitation and restoration
services on a reimbursable basis.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
February 15, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 212, the Valles
Caldera Preservation Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll and Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 212--Valles Caldera Preservation Act of 2005
Summary: S. 212 would amend Public Law 106-248, which
established the Valles Caldera Preserve in New Mexico and
created the Valles Caldera Trust, a government-owned
corporation, to manage the preserve. The amendments to the
existing law would enable the Secretary of Agriculture to
acquire, by condemnation, certain subsurface rights to the
preserve's Baca Ranch area if the Secretary cannot negotiate a
voluntary sale with the current owners. If condemnation is
necessary, the owners would be entitled to just compensation as
determined by a court. The bill would specify that any
difference between the Secretary's estimate of the value of the
subsurface rights and the amount awarded by the court would be
paid from the permanent claims and judgments fund.
Assuming that the Baca Ranch subsurface rights would be
acquired by a government declaration of taking (a method of
condemnation), CBO estimates that enacting S. 212 would
increase direct spending by about $3 million over the 2005-2008
period. Enacting the bill would not affect revenues.
S. 212 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA) and would have no
significant impact on the budgets of State, local, or tribal
governments. In the event that the Secretary of Agriculture
uses a declaration of taking to acquire certain mineral
interests of the Baca Ranch, such an acquisition would
constitute a private-sector mandate as defined by UMRA. The
cost of the mandate would be the fair market value of the
mineral interests and expenses incurred by the private-sector
owners in transferring those interests to the Federal
Government. Based on information from Government resources, CBO
estimates that the direct cost of the mandate would fall well
below the annual threshold established by UMRA for private-
sector mandates ($123 million in 2005, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 212 is shown in the following table. The
costs of this legislation falls within budget function 300
(natural resources and environment) and 800 (general
government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority......... 0 0 0 1 0 0 0 0 0 0 0
Estimated Outlays.................. 2 0 0 1 0 0 0 0 0 0 0
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that S.
212 will be enacted during fiscal year 2005 and that the
federal government will assume ownership of the Baca Ranch
subsurface rights soon thereafter. Based on information
provided by land management agencies regarding the value of
mineral rights, the historical ``premiums'' paid for property
acquired by litigation, and the length of time typically
required to resolve similar takings proceedings, we assume that
a court would award a total of $3 million in compensation to
the owners of the subsurface rights over the 2005-2008 period.
As provided by the bill, $2 million of the expected
judgment award (equal to the government appraisal of the
subsurface value) would be derived from existing appropriations
for land acquisition, and $1 million (the estimated excess of
the award over the appraised value) would be paid from the
permanent claims and judgments account. Because we expect that
the $2 million of previously appropriated funds would not have
been spent in the next several years in the absence of the
legislation, using that amount to pay a portion of the judgment
would increase mandatory outlays. We expect that the $2 million
would be paid to the property owners or deposited with the
court when the agency takes possession of the subsurface rights
in 2005. Using the permanent claims and judgments account to
pay the difference between the total award and the appraised
value would increase both budget authority and outlays by $1
million.
Estimated impact on state, local, and tribal governments:
S. 212 contains no intergovernmental mandates as defined in
UMRA and would have no significant impact on the budgets of
state, local, or tribal governments.
Estimated impact on the private sector: In the event that
the Secretary of Agriculture uses a declaration of taking to
acquire certain mineral interests of the Baca Ranch, such an
acquisition would constitute a private-sector mandate as
defined by UMRA. The cost of the mandate would be the fair
market value of the mineral interests and expenses incurred by
the private-sector owners in transferring those interests to
the federal government. Based on information from government
sources, CBO estimates that the direct cost of the mandate
would fall well below the annual threshold established by UMRA
for private-sector mandates ($123 million in 2005, adjusted
annually for inflation).
The bill would direct the Secretary of Agriculture to
acquire the mineral interests without the sellers' consent
should negotiations for a sale fail after 60 days. Should those
negotiations fail, the Secretary of Agriculture would be
required to file a declaration of taking with the court. The
declaration of taking would force the owners of the geothermal
and mineral interests to give up ownership in exchange for a
sum equal to the fair market value as determined by the court.
According to an appraisal done by the Forest Service in 2001,
the mineral and geothermal interests on the Baca Ranch that are
privately held have a fair market value of almost $2 million.
In December 2001, the Forest Service's offer for purchase of
the interests based on this appraisal was rejected.
Estimate prepared by: Federal Costs: Megan Carroll and
Deborah Reis; Impact on State, Local, and Tribal Governments:
Marjorie Millier; and Impact on the Private Sector: Selena
Caldera.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 212.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 212.
Executive Communications
The views of the Administration were included in testimony
received by the Committee at a hearing on September 11, 2003.
Statement of Mark Rey, Under Secretary, Natural Resources and the
Environment, Department of Agriculture
Mr. Chairman and Members of the Subcommittee:
* * * * * * *
S. 1582--Valles Caldera Preservation Act of 2003
S. 1582, introduced by Senators Domenici and Bingaman,
would make modifications to Public Law 106-248, the Valles
Caldera Preservation Act. The Administration would have no
objection to S. 1582, if amended, to address concerns regarding
the Federal competitive service, firefighting expenditures and
the permanent Judgment Fund.
The Valles Caldera National Preserve located in central New
Mexico is a unique landmass, with nationally important
scientific, cultural, historic, recreational, ecological,
wildlife, and fisheries values. In passing the Valles Caldera
Preservation Act in 2000, Congress recognized those values and
established the National Preserve as an experiment in public
land administration that incorporates elements of public and
private administration so as to promote long-term financial
stability consistent with the protection of the natural
resources and the sustained yield for timber production, and
domesticated livestock grazing. Under the terms and conditions
of the 2000 Act, Secretary of Agriculture Ann Veneman
authorized the Valles Caldera Trust to assume management of the
National Preserve in August 2002. The Trust, comprised of 9
members appointed by the President, now oversees the management
of the Preserve.
S. 1582 would:
Direct Federal agencies to classify rates of
compensation and classification of Trust employees so
that these employees are not precluded from
consideration for Federal competitive service based on
their current employment;
Allow the Board of Trustees to designate any Trust
employee to solicit donations (under current law, only
the Trustees may solicit donations);
Allow the Board of Trustees to set the compensation
of the chair, subject to certain limitations;
Clarify that the prohibition against the disposal of
real property by the Trust does not include the sale or
other disposal of forage, forest products or marketable
renewable resources;
Allow the Trust, subject to the laws applicable to
Government corporations, to determine the character and
necessity for any obligations and expenditures of the
Trust and the manner in which expenditures and
obligations shall be incurred, allowed, and paid;
Authorize the Trust to utilize the permanent judgment
appropriation provided under section 1304 of title 31,
U.S.C., for a claim, judgment, or settlement against
the Trust; and
Direct the Secretary to provide, to the extent
generally authorized at other units of the National
Forest System, fire suppression and rehabilitation
services and wildland fire severity funding for
extraordinary preparedness. (The Secretary of
Agriculture currently may provide pre-suppression,
suppression and rehabilitation services at the request
of the Trust, subject to reimbursement.)
The Administration has several concerns with S. 1582.
First, it should limit the number of Trust employees that
may accept gifts in order to minimize the potential for fraud,
conflicts of interest, or other ethical concerns.
Second, we have been advised that the Department of Justice
opposes section 2(e) of the bill, regarding the eligibility of
the Trust to pay claims, judgments, and settlements from the
permanent judgment appropriation at 31 U.S.C. Sec. 1304 (the
``Judgment Fund''). In general, government corporations like
the Trust should pay judgments and settlements out of their own
funds. Because the Trust is an autonomous corporation with its
own funds and an entity whose liabilities are properly charged
to corporate funds, it is appropriate for the Trust to continue
to satisfy judgments and settlements against it out of Trust
funds.
Third, OPM advises that Section 2(a) of the bill would
extend to excepted service employees of the Trust a
preferential opportunity to apply for competitive service
positions elsewhere that are not open to Federal employees
generally, thereby creating an inequity between Trust employees
and excepted service employees throughout Government who have
no such opportunity.
Fourth, complex or large fires can require the expenditure
of extensive fire fighting and emergency stabilization and
rehabilitation resources. However, the bill provides no
limitation, by time or amount, to the funds that could be
provided to the Trust under these proposed authorities. The
original act provides an expectation that the Trust should work
toward the goal of financial sustainability. We assume S. 1582
continues that expectation with regard to fire suppression. The
measure could be improved with the inclusion of language to
establish limits of duration and funding for expenditures
associated with firefighting together with appropriate levels
of reimbursement.
In addition, the intent of Sec. 4(b)(2) for the Secretary
to provide ``rehabilitation'' needs to be clarified as to
whether the intent is for the Secretary to provide emergency
stabilization or rehabilitation. These are two different
programs. Emergency stabilization funds come from the wildland
fire emergency operations account and are meant to protect
persons, property and resources immediately after a large and
damaging wildfire. Rehabilitation activities are longer term
and are conducted through other ongoing management activities
funded under different program appropriations. We believe that
the bill should focus solely upon emergency stabilization
activities on the Preserve, subject to the same time and amount
limitations discussed earlier related to firefighting.
In addition, section 4(b)(2) would delete the current
authority for the Secretary to provide the Trust presuppression
activities subject to reimbursement. We believe it is
appropriate for presuppression and rehabilitation activities to
be provided by the Forest Service, under a cooperative
agreement, with reimbursement by the Trust.
This concludes my statement. I would be pleased to answer
any questions that you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, S. 212, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed in shown in roman):
VALLES CALDERA NATIONAL PRESERVE AND TRUST
Public Law 106-248 (16 U.S.C. 698V Et Seq.)
TITLE I--VALLES CALDERA NATIONAL PRESERVE AND TRUST
SEC. 101. SHORT TITLE.
This title may be cited as the ``Valles Caldera
Preservation Act''.
* * * * * * *
SEC. 104. ACQUISITION OF LANDS.
* * * * * * *
(e) Outstanding Mineral Interests.--[The acquisition]
(1) In general.--The acquisition of the Baca Ranch by
the Secretary shall be subject to all outstanding valid
existing mineral interests. [The Secretary]
(2) Acquisition.--The Secretary is authorized and
directed to negotiate with the owners of any fractional
interest in the subsurface estate for the acquisition
of such fractional interest [on a willing seller basis]
for not to exceed its fair market value, as determined
by appraisal done in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions. [Any
such]
(3) Administration.--Any such interests acquired
within the boundaries of the Upper Alamo watershed, as
referred to in subsection (b), shall be administered by
the Secretary of the Interior as part of Bandelier
National Monument.
(4) Available funds.--Any such interests shall be
acquired with available funds.
(5) Declaration of taking.--
(A) In general.--If negotiations to acquire
the interests are unsuccessful by the date that
is 60 days after the date of enactment of this
paragraph, the Secretary shall acquire the
interests pursuant to section 3114 of title 40,
United States Code.
(B) Source of funds.--Any difference between
the sum of money estimated to be just
compensation by the Secretary and the amount
awarded shall be paid from the permanent
judgment appropriation under section 1304 of
title 31, United States Code.
* * * * * * *
SEC. 106. THE VALLES CALDERA TRUST.
* * * * * * *
(e) Government Corporation.--
(1) In general.--The Trust shall be a Government
Corporation subject to chapter 91 of title 31, United
States Code (commonly referred to as the Government
Corporation Control Act). Financial statements of the
Trust shall be audited annually in accordance with
section 9105 of title 31 of the United States Code.
(2) Reports.--Not later than January 15 of each year,
the Trust shall submit to the Secretary and the
Committees of Congress a comprehensive and detailed
report of its operations, activities, and
accomplishments for the prior year including
information on the status of ecological, cultural, and
financial resources being managed by the Trust, and
benefits provided by the Preserve to local communities.
The report shall also include a section that describes
the Trust's goals for the current year.
(3) Annual budget.--
(A) In general.--The Trust shall prepare an
annual budget with the goal of achieving a
financially self-sustaining operation within 15
full fiscal years after the date of acquisition
of the Baca Ranch under section 104(a).
(B) Budget request.--The Secretary shall
provide necessary assistance (including
detailees as necessary) to the Trust for the
timely formulation and submission of the annual
budget request for appropriations, as
authorized under section 111(a), to support the
administration, operation, and maintenance of
the Preserve.
(4) Obligations and expenditures.--Subject to the
laws applicable to Government corporations, the Trust
shall determine--
(A) the character of, and the necessity for,
any obligations and expenditures of the Trust;
and
(B) the manner in which obligations and
expenditures shall be incurred, allowed, and
paid.
(f) Taxes.--The Trust and all properties administered by
the Trust shall be exempt from all taxes and special
assessments of every kind by the State of New Mexico, and its
political subdivisions including the counties of Sandoval and
Rio Arriba.
(g) Donations.--[The Trust may solicit] The members of the
Board of Trustees, the executive director, and 1 additional
employee of the Trust in an executive position designated by
the Board of Trustees or the executive director may solicit and
accept donations of funds, property, supplies, or services from
individuals, foundations, corporations, and other private or
public entities for the purposes of carrying out its duties.
The Secretary, prior to assumption of management of the
Preserve by the Trust, and the Trust thereafter, may accept
donations from such entities notwithstanding that such donors
may conduct business with the Department of Agriculture or any
other department or agency of the United States.
(h) Proceeds.--
(1) In general.--Notwithstanding sections 1341 and
3302 of title 31 of the United States Code, all monies
received from donations under [subsection (g)]
subsection (g), from claims, judgments, or settlements
arising from activities occurring on the Baca Ranch or
the Preserve after October 27, 1999, or from the
management of the Preserve shall be retained and shall
be available, without further appropriation, for the
administration, preservation, restoration, operation
and maintenance, improvement, repair, and related
expenses incurred with respect to properties under its
management jurisdiction.
(2) Fund.--There is hereby established in the
Treasury of the United States a special interest
bearing fund entitled ``Valles Caldera Fund'' which
shall be available, without further appropriation for
any purpose consistent with the purposes of this title.
At the option of the Trust, or the Secretary in
accordance with section 110, the Secretary of the
Treasury shall invest excess monies of the Trust in
such account, which shall bear interest at rates
determined by the Secretary of the Treasury taking into
consideration the current average market yield on
outstanding marketable obligations of the United States
of comparable maturity.
* * * * * * *
SEC. 107. BOARD OF TRUSTEES.
* * * * * * *
(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] Except as
provided in paragraph (3), 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]
(A) Selection.--Trustees shall select a chair
from the membership of the Board.
(B) Compensation.--On request of the chair,
the chair may be compensated at a rate
determined by the Board of Trustees, but not to
exceed the daily equivalent of the annual rate
of pay for level IV of the Executive Schedule
under section 5315 of title 5, United States
Code, for each day (including travel time) in
which the chair is engaged in the performance
of duties of the Board of Trustees.
(C) Maximum rate of pay.--The total amount of
compensation paid to the chair for a fiscal
year under subparagraph (B) shall not exceed 25
percent of the annual rate of pay for level IV
of the Executive Schedule under section 5315 of
title 5, United States Code.
* * * * * * *
SEC. 108. RESOURCE MANAGEMENT.
* * * * * * *
(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
this title. Any such agreements may be entered into
without regard to section 321 of the Act of June 30,
1932 (40 U.S.C. 303b).
(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]
(A) In general.--The Trust may not dispose of
any real property in, or convey any water
rights appurtenant to the Preserve. [The Trust]
(B) Maximum duration.--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]
(C) Termination.--The easement, contract,
lease, or other agreement shall provide that,
upon termination of the Trust, such easement,
contract, lease or agreement is terminated.
(D) Exclusions.--For the purposes of this
paragraph, the disposal of real property does
not include the sale or other disposal of
forage, forest products, or marketable
renewable resources.
* * * * * * *
(g) Law Enforcement and Fire Management.--[The Secretary]
(1) Law enforcement.--
(A) In general.--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]
(B) Federal agency.--The Trust shall be
deemed a Federal agency for purposes of the law
enforcement authorities of the Secretary
(within the meaning of section 15008 of the
National Forest System Drug Control Act of 1986
(16 U.S.C. 559g)). [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.]
(2) Fire management.--
(A) Non-reimbursable services.--
(i) Development of plan.--The
Secretary shall, in consultation with
the Trust, develop a plan to carry out
fire preparedness, suppression, and
emergency rehabilitation services on
the Preserve.
(ii) Consistency with management
program.--The plan shall be consistent
with the management program developed
pursuant to subsection (d).
(iii) Cooperative agreement.--To the
extent generally authorized at other
units of the National Forest System,
the Secretary shall provide the
services to be carried out pursuant to
the plan under a cooperative agreement
entered into between the Secretary and
the Trust.
(B) Reimbursable services.--To the extent
generally authorized at other units of the
National Forest System, the Secretary may
provide presuppression and nonemergency
rehabilitation and restoration services for the
Trust at any time on a reimbursable basis.