II

Calendar No. 350

105TH CONGRESS

2D SESSION S. 1132

[Report No. 105–178]

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.

IN THE SENATE OF THE UNITED STATES

JULY 31, 1997

Mr. BINGAMAN introduced the following bill; which was read twice and

referred to the Committee on Natural Resources

APRIL 29, 1998

Reported by Mr. MARKOWSKI, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

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.
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S 1132 RS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bandelier National

5 Monument Administrative Improvement and Watershed

6 Protection Act of 1997’’.

7 SEC. 2. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds that:

9 (1) Bandelier National Monument (hereinafter,

10 the Monument) was established by Presidential proc11 lamation on February 11, 1916, to preserve the ar12 cheological resources of a ‘‘vanished people, with as

13 much land as may be necessary for the proper pro14 tection thereof. . .’’ (No. 1322; 39 Stat. 1746).

15 (2) At various times since its establishment, the

16 Congress and the President have adjusted the Monu17 ment’s boundaries and purpose to further preserva18 tion of archeological and natural resources within

19 the Monument.

20 (A) On February 25, 1932, the Otowi Sec21 tion of the Santa Fe National Forest (some

22 4,699 acres of land) was transferred to the

23 Monument from the Santa Fe National Forest

24 (Presidential Proclamation No. 1191; 17 Stat.

25 2503).
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1 (B) In December of 1959, 3,600 acres of

2 Frijoles Mesa were transferred to the National

3 Park Service from the Atomic Energy Commit4 tee (hereinafter, AEC) and subsequently added

5 to the Monument on January 9, 1991, because

6 of ‘‘pueblo-type archeological ruins germane to

7 those in the monument’’ (Presidential Procla8 mation No. 3388).

9 (C) On May 27, 1963, Upper Canyon,

10 2,882 acres of land previously administered by

11 the AEC, was added to the Monument to pre12 serve ‘‘their unusual scenic character together

13 with geologic and topographic features, the

14 preservation of which would implement the pur15 poses’’ of the Monument (Presidential Procla16 mation No. 3539).

17 (D) In 1976, concerned about upstream

18 land management activities that could result in

19 flooding and erosion in the Monument, Con20 gress included the headwaters of the Rito de los

21 Frijoles and the Can ̃ada de Cochiti Grant (a

22 total of 7,310 acres) within the Monument’s

23 boundaries (Public Law 94–578; 90 Stat.

24 2732).
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1 (E) In 1976, Congress created the Ban2 delier Wilderness, a 23,267 acres area that cov3 ers over 70 percent of the Monument.

4 (3) The Monument still has potential threats

5 from flooding, erosion, and water quality deteriora6 tion because of the mixed ownership of the upper

7 watersheds, along its western border, particularly in

8 Alamo Canyon.

9 (b) PURPOSES.—The purposes of this Act are to (b)

10 PURPOSE.—The purpose of this Act is to modify the bound11 ary of the Monument to allow for acquisition and en12 hanced protection of the lands within the Monument’s

13 upper watershed.

14 SEC. 3. BOUNDARY MODIFICATION.

15 Effective on the date of enactment of this Act, the

16 boundaries of the Monument shall be modified to include

17 approximately 935 acres of land comprised of the Elk

18 Meadows subdivision, the Gardner parcel, the Clark par19 cel, and the Baca Land & Cattle Co. lands within the

20 Upper Alamo watershed as depicted on the map National

21 Park Service map entitled ‘‘Alamo Headwaters Proposed

22 Additions’’ dated 6/97. ‘‘Proposed Boundary Expansion

23 Map Bandlier National Monument’’ dated July, 1997.

24 Such map shall be on file and available for public inspec-
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1 tion in the offices of the Director of the National Park

2 Service, Department of the Interior.

3 SEC. 4. TRANSFER AND ACQUISITION OF LANDS.

4 Within the boundaries designated by this Act, the

5 Secretary of the Interior is authorized to acquire lands

6 (or interests in lands such as he determines shall ade7 quately protect the Monument from flooding, erosion, and

8 degradation of its drainage waters) by donation, purchase

9 with donated or appropriated funds, exchange, or transfer

10 of lands acquired by other Federal agencies.

11 SEC. 4. LAND ACQUISITION.

12 (a) IN GENERAL.—Except as provided in subsections

13 (b) and (c), the Secretary of the Interior is authorized to

14 acquire lands and interests therein within the boundaries

15 of the area added to the Monument by this Act by donation,

16 purchase with donated or appropriated funds, transfer with

17 another Federal agency, or exchange: Provided, That no

18 lands or interests therein may be acquired except with the

19 consent of the owner thereof.

20 (b) STATE AND LOCAL LANDS.—Lands or interests

21 therein owned by the State of New Mexico or a political

22 subdivision thereof may only be acquired by donation or

23 exchange.

24 (c) ACQUISITION OF LESS THAN FEE INTERESTS IN

25 LAND.—The Secretary may acquire less than fee interests
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1 in land only if the Secretary determines that such less than

2 fee acquisition will adequately protect the Monument from

3 flooding, erosion, and degradation of its drainage waters.

4 SEC. 5. ADMINISTRATION.

5 The Secretary of the Interior, acting through the Di6 rector of the National Park Service, shall manage the na7 tional Monument, including lands added to the Monument

8 by this Act, in accordance with this Act and the provisions

9 of law generally applicable to units of National Park Sys10 tem, including the Act of August 25, an Act August 25,

11 1916, an Act to establish a National Park Service (39 Stat.

12 535; 16 U.S.C. 1 et seq.), and such specific legislation

13 as heretofore has been enacted regarding the Monument.

14 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

15 There is authorized to be appropriated such sums as

16 may be necessary to carry out the purpose of this Act.

Æ
Calendar No. 350

105TH CONGRESS

2D SESSION S. 1132

A BILL

[Report No. 178]

To modify the boundaries of the Bandelier National

donation of those lands, and for other purposes.management agency, to authorize purchase orrently within the jurisdiction of a Federal landdrain into the Monument and which are not curwaters of the Upper Alamo Watershed whichMonument to include the lands within the headAPRIL 29, 1998

Reported with amendments