105TH CONGRESS

2D SESSION S. 1132

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.

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 1998’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that:

3 (1) Bandelier National Monument (hereinafter,

4 the Monument) was established by Presidential proc5 lamation on February 11, 1916, to preserve the ar6 cheological resources of a ‘‘vanished people, with as

7 much land as may be necessary for the proper pro8 tection thereof. . .’’ (No. 1322; 39 Stat. 1746).

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

10 Congress and the President have adjusted the Monu11 ment’s boundaries and purpose to further preserva12 tion of archeological and natural resources within

13 the Monument.

14 (A) On February 25, 1932, the Otowi Sec15 tion of the Santa Fe National Forest (some

16 4,699 acres of land) was transferred to the

17 Monument from the Santa Fe National Forest

18 (Presidential Proclamation No. 1191; 17 Stat.

19 2503).

20 (B) In December of 1959, 3,600 acres of

21 Frijoles Mesa were transferred to the National

22 Park Service from the Atomic Energy Commit23 tee (hereinafter, AEC) and subsequently added

24 to the Monument on January 9, 1991, because

25 of ‘‘pueblo-type archeological ruins germane to
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1 those in the monument’’ (Presidential Procla2 mation No. 3388).

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

4 2,882 acres of land previously administered by

5 the AEC, was added to the Monument to pre6 serve ‘‘their unusual scenic character together

7 with geologic and topographic features, the

8 preservation of which would implement the pur9 poses’’ of the Monument (Presidential Procla10 mation No. 3539).

11 (D) In 1976, concerned about upstream

12 land management activities that could result in

13 flooding and erosion in the Monument, Con14 gress included the headwaters of the Rito de los

15 Frijoles and the Can ̃ada de Cochiti Grant (a

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

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

18 2732).

19 (E) In 1976, Congress created the Ban20 delier Wilderness, a 23,267 acres area that cov21 ers over 70 percent of the Monument.

22 (3) The Monument still has potential threats

23 from flooding, erosion, and water quality deteriora24 tion because of the mixed ownership of the upper
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1 watersheds, along its western border, particularly in

2 Alamo Canyon.

3 (b) PURPOSE.—The purpose of this Act is to modify

4 the boundary of the Monument to allow for acquisition

5 and enhanced protection of the lands within the Monu6 ment’s upper watershed.

7 SEC. 3. BOUNDARY MODIFICATION.

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

9 boundaries of the Monument shall be modified to include

10 approximately 935 acres of land comprised of the Elk

11 Meadows subdivision, the Gardner parcel, the Clark par12 cel, and the Baca Land & Cattle Co. lands within the

13 Upper Alamo watershed as depicted on the National Park

14 Service map entitled ‘‘Proposed Boundary Expansion Map

15 Bandlier National Monument’’ dated July, 1997. Such

16 map shall be on file and available for public inspection

17 in the offices of the Director of the National Park Service,

18 Department of the Interior.

19 SEC. 4. LAND ACQUISITION.

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

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

22 acquire lands and interests therein within the boundaries

23 of the area added to the Monument by this Act by dona24 tion, purchase with donated or appropriated funds, trans25 fer with another Federal agency, or exchange: Provided,
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1 That no lands or interests therein may be acquired except

2 with the consent of the owner thereof.

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

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

5 subdivision thereof may only be acquired by donation or

6 exchange.

7 (c) ACQUISITION OF LESS THAN FEE INTERESTS IN

8 LAND.—The Secretary may acquire less than fee interests

9 in land only if the Secretary determines that such less

10 than fee acquisition will adequately protect the Monument

11 from flooding, erosion, and degradation of its drainage wa12 ters.

13 SEC. 5. ADMINISTRATION.

14 The Secretary of the Interior, acting through the Di15 rector of the National Park Service, shall manage the na16 tional Monument, including lands added to the Monument

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

18 of law generally applicable to units of National Park Sys19 tem, including the Act of August 25, 1916, an Act to es20 tablish a National Park Service (39 Stat. 535; 16 U.S.C.

21 1 et seq.), and such specific legislation as heretofore has

22 been enacted regarding the Monument.
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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated such sums as

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

Passed the Senate July 17, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 1132

AN ACT

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 head-