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
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in the Monument, Congress included the headwaters of

the Rito de los Frijoles and the Can ̃ ada 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.
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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.