II 

Calendar No. 16

108TH CONGRESS 

1ST SESSION S. 214

[Report No. 108–8] 

To designate Fort Bayard Historic District in the State of New Mexico 

as a National Historic Landmark, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23, 2003

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

FEBRUARY 11, 2003

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To designate Fort Bayard Historic District in the State 

of New Mexico as a National Historic Landmark, 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 ‘‘Fort Bayard National 

5 Historic Landmark Act’’. 
2

S 214 RS

1 SEC. 2. CONGRESSIONAL FINDINGS. 

2 The Congress finds that—

3 (1) Fort Bayard, located in southwest New 

4 Mexico, was an Army post from 1866 until 1899, 

5 and served an important role in the settlement of 

6 New Mexico; 

7 (2) among the troops stationed at the fort were 

8 several ‘‘Buffalo Soldier’’ units who fought in the 

9 Apache Wars; 

10 (3) following its closure as a military post, Fort 

11 Bayard was established by the War Department as 

12 general hospital for use as a military sanatorium; 

13 (4) in 1965 the State of New Mexico assumed 

14 management of the site and currently operates that 

15 Fort Bayard State Hospital; 

16 (5) the Fort Bayard historic site has been listed 

17 on the National Register of Historic Places in rec18 ognition of the national significance of its history, 

19 both as a military fort and as an historic medical fa20 cility. 

21 SEC. 3. FORT BAYARD NATIONAL HISTORIC LANDMARK. 

22 (a) DESIGNATION.—The Fort Bayard Historic Dis23 trict in Grant County, New Mexico, as listed on the Na24 tional Register of Historic Places, is hereby designated as 

25 the Fort Bayard National Historic Landmark. 

26 (b) ADMINISTRATION.—
3

S 214 RS

1 (1) Consistent with the Department of the Inte2 rior’s regulations concerning National Historic 

3 Landmarks (36 C.F.R. part 65), designation of the 

4 Fort Bayard Historic District as a National Historic 

5 Landmark shall not prohibit under Federal law or 

6 regulations any actions which may otherwise be 

7 taken by the property owner with respect to the 

8 property. 

9 (2) Nothing in this Act shall affect the adminis10 tration of the Fort Bayard Historic District by the 

11 State of New Mexico. 

12 SEC. 4. COOPERATIVE AGREEMENTS. 

13 (a) IN GENERAL.—The Secretary, in consultation 

14 with the State of New Mexico, may enter into cooperative 

15 agreements with appropriate public or private entities, for 

16 the purposes of protecting historic resources at Fort Bay17 ard and providing educational and interpretive facilities 

18 and programs for the public. The Secretary shall not enter 

19 into any agreement or provide assistance to any activity 

20 affecting Fort Bayard State Hospital without the concur21 rence of the State of New Mexico. 

22 (b) TECHNICAL AND FINANCIAL ASSISTANCE.—The 

23 Secretary may provide technical and financial assistance 

24 with any entity with which the Secretary has entered into 
4

S 214 RS

1 a cooperative agreement under subsection (a) in further2 ance of the agreement. 

3 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated such sums as 

5 may be necessary to carry out this Act.

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Fort Bayard National 

8 Historic Landmark Act’’. 

9 SEC. 2. FORT BAYARD NATIONAL HISTORIC LANDMARK. 

10 (a) DESIGNATION.—The Fort Bayard Historic Dis11 trict in Grant County, New Mexico, as listed on the Na12 tional Register of Historic Places, is hereby designated as 

13 the Fort Bayard National Historic Landmark. 

14 (b) ADMINISTRATION.—

15 (1) Designation of the Fort Bayard Historic Dis16 trict as a National Historic Landmark shall not pro17 hibit any actions which may otherwise be taken by 

18 the property owner with respect to the property. 

19 (2) Nothing in this Act shall affect the adminis20 tration of the Fort Bayard Historic District by the 

21 State of New Mexico. 

22 SEC. 3. COOPERATIVE AGREEMENTS. 

23 (a) IN GENERAL.—The Secretary, in consultation with 

24 the State of New Mexico, may enter into cooperative agree25 ments with appropriate public or private entities, for the 
5

S 214 RS

1 purposes of protecting historic resources at Fort Bayard 

2 and providing educational and interpretive facilities and 

3 programs for the public. The Secretary shall not enter into 

4 any agreement or provide assistance to any activity affect5 ing Fort Bayard State Hospital without the concurrence 

6 of the State of New Mexico. 

7 (b) TECHNICAL AND FINANCIAL ASSISTANCE.—The 

8 Secretary may provide technical and financial assistance 

9 with any entity with which the Secretary has entered into 

10 a cooperative agreement under subsection (a). 

11 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums as 

13 may be necessary to carry out this Act. 
Calendar No. 16

108TH CONGRESS 

1ST SESSION S. 214

[Report No. 108–8] 

A BILL

To designate Fort Bayard Historic District in the 

Landmark, and for other purposes. State of New Mexico as a National Historic 

FEBRUARY 11, 2003

Reported with an amendment