Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998
PL 105-376 (S.1132), enacted 11/12/1998

112 STAT. 3388 
PUBLIC LAW 105-376—NOV. 12, 1998 
Public Law 105-376 
105th Congress 
An Act 
Nov. 12, 1998 
[S. 1132] 
Bandelier 
National 
Monument 
Administrative 
Impro ement 
and V atershed 
Protejtion Act of 
1998. 
New Mexico. 
16 u s e 431 note 
[table]. 
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 "BandeHer 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 Monu-
ment) was established by Presidential proclamation on Feb-
ruary 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 subse-
quently 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 manage-
ment activities that could result in flooding and erosion 
PUBLIC LAW 105-376—NOV. 12, 1998 
112 STAT. 3389 
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 Wilder-
ness, 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 Gard-
ner 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 ade-
quately protect the Monument from flooding, erosion, and degrada-
tion 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 accordemce 
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. 
112 STAT. 3390 
PUBLIC LAW 105-376—NOV. 12, 1998 
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. 
Approved November 12, 1998. 
LEGISLATIVE HISTORY—S. 1132: 
SENATE REPORTS: No. 105-178 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 17, considered and passed Senate. 
Oct. 20, considered and passed House.