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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Enrolled Bill (ENR)]

        S.1132

                       One Hundred Fifth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight

                                 An Act

 
 To modify the boundaries of the Bandelier National Monument to include 
the lands within the headwaters of the Upper Alamo Watershed which drain 
into the Monument and which are not currently within the jurisdiction of 
 a Federal land management agency, to authorize purchase or donation of 
                  those lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bandelier National Monument 
Administrative Improvement and Watershed Protection Act of 1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that:
        (1) Bandelier National Monument (hereinafter, the Monument) was 
    established by Presidential proclamation on February 11, 1916, to 
    preserve the archeological resources of a ``vanished people, with 
    as much land as may be necessary for the proper protection thereof 
    . . .'' (No. 1322; 39 Stat. 1746).
        (2) At various times since its establishment, the Congress and 
    the President have adjusted the Monument's boundaries and purpose 
    to further preservation of archeological and natural resources 
    within the Monument.
            (A) On February 25, 1932, the Otowi Section of the Santa Fe 
        National Forest (some 4,699 acres of land) was transferred to 
        the Monument from the Santa Fe National Forest (Presidential 
        Proclamation No. 1191; 17 Stat. 2503).
            (B) In December of 1959, 3,600 acres of Frijoles Mesa were 
        transferred to the National Park Service from the Atomic Energy 
        Committee (hereinafter, AEC) and subsequently added to the 
        Monument on January 9, 1991, because of ``pueblo-type 
        archeological ruins germane to those in the monument'' 
        (Presidential Proclamation No. 3388).
            (C) On May 27, 1963, Upper Canyon, 2,882 acres of land 
        previously administered by the AEC, was added to the Monument 
        to preserve ``their unusual scenic character together with 
        geologic and topographic features, the preservation of which 
        would implement the purposes'' of the Monument (Presidential 
        Proclamation No. 3539).
            (D) In 1976, concerned about upstream land management 
        activities that could result in flooding and erosion in the 
        Monument, Congress included the headwaters of the Rito de los 
        Frijoles and the Canada de Cochiti Grant (a total of 7,310 
        acres) within the Monument's boundaries (Public Law 94-578; 90 
        Stat. 2732).
            (E) In 1976, Congress created the Bandelier Wilderness, a 
        23,267 acres area that covers over 70 percent of the Monument.
        (3) The Monument still has potential threats from flooding, 
    erosion, and water quality deterioration because of the mixed 
    ownership of the upper watersheds, along its western border, 
    particularly in Alamo Canyon.
    (b) Purpose.--The purpose of this Act is to modify the boundary of 
the Monument to allow for acquisition and enhanced protection of the 
lands within the Monument's upper watershed.

SEC. 3. BOUNDARY MODIFICATION.

    Effective on the date of enactment of this Act, the boundaries of 
the Monument shall be modified to include approximately 935 acres of 
land comprised of the Elk Meadows subdivision, the Gardner parcel, the 
Clark parcel, and the Baca Land & Cattle Co. lands within the Upper 
Alamo watershed as depicted on the National Park Service map entitled 
``Proposed Boundary Expansion Map Bandelier National Monument'' dated 
July, 1997. Such map shall be on file and available for public 
inspection in the offices of the Director of the National Park Service, 
Department of the Interior.

SEC. 4. LAND ACQUISITION.

    (a) In General.--Except as provided in subsections (b) and (c), the 
Secretary of the Interior is authorized to acquire lands and interests 
therein within the boundaries of the area added to the Monument by this 
Act by donation, purchase with donated or appropriated funds, transfer 
with another Federal agency, or exchange: Provided, That no lands or 
interests therein may be acquired except with the consent of the owner 
thereof.
    (b) State and local lands.--Lands or interests therein owned by the 
State of New Mexico or a political subdivision thereof may only be 
acquired by donation or exchange.
    (c) Acquisition of less than Fee interests in Land.--The Secretary 
may acquire less than fee interests in land only if the Secretary 
determines that such less than fee acquisition will adequately protect 
the Monument from flooding, erosion, and degradation of its drainage 
waters.

SEC. 5. ADMINISTRATION.

    The Secretary of the Interior, acting through the Director of the 
National Park Service, shall manage the national Monument, including 
lands added to the Monument by this Act, in accordance with this Act 
and the provisions of law generally applicable to units of National 
Park System, including the Act of August 25, 1916, an Act to establish 
a National Park Service (39 Stat. 535; 16 U.S.C. 1 et seq.), and such 
specific legislation as heretofore has been enacted regarding the 
Monument.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out the purpose of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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