[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3936 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3936

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 
          acquisition of those lands, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 1998

 Mr. Redmond introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 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 
          acquisition 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bandelier National 
Monument Administrative Improvement and Watershed Protection Act of 
1998''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Boundary modification, Bandelier National Monument, New Mexico.
Sec. 4. Land acquisition.
Sec. 5. Administration.
Sec. 6. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that:
            (1) Bandelier National Monument (in this Act referred to as 
        the ``Monument'') was established by Presidential proclamation 
        on February 11, 1916, to preserve the archaeological resources 
        of a ``vanished people, with as much land as may be necessary 
        for the proper protection thereof. . .'' (Presidential 
        Proclamation No. 1322; 39 Stat. 1764).
            (2) At various times since the establishment of the 
        Monument, the Congress and the President have adjusted the 
        boundaries and purpose of the Monument to further preservation 
        of archaeological 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. 1991; 47 Stat. 
                2503).
                    (B) On December 9, 1959, 3,600 acres of Frijoles 
                Mesa were transferred to the National Park Service from 
                the Atomic Energy Commission, and such lands were 
                subsequently added to the Monument on January 9, 1961, 
                because of ``pueblo-type archeological ruins germane to 
                those in the monument area'' (Presidential Proclamation 
                No. 3388; 75 Stat. 1014).
                    (C) On May 27, 1963, Upper Canyon, consisting of 
                2,882 acres of land previously administered by the 
                Atomic Energy Commission, was added to the Monument to 
                preserve the lands ``unusual scenic character together 
                with geologic and topographic features, the 
                preservation of which would implement the purposes of 
                such monument (Presidential Proclamation No. 3539; 77 
                Stat. 1006).
                    (D) In 1976, concerned about upstream land 
                management activities that could result in flooding and 
                erosion in the Monument, Congress enacted Public Law 
                94-578 (90 Stat. 2732, 2736) to include the headwaters 
                of the Rito de los Frijoles and the Canada de Cochiti 
                Grant (a total of 7,310 acres) within the boundaries of 
                the Monument.
                    (E) In 1976, Congress enacted Public Law 94-567 (90 
                Stat. 2692), which 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 boundaries 
of the Monument to allow for acquisition and enhanced protection of the 
lands within the Monument's upper watershed.

SEC. 3. BOUNDARY MODIFICATION, BANDELIER NATIONAL MONUMENT, NEW MEXICO.

    Effective on the date of enactment of this Act, the boundaries of 
the Monument are hereby 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) Acquisition Authority; Methods.--Subject to subsections (b), 
(c), and (d), the Secretary of the Interior may 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.
    (b) Consent of Owner Required.--Lands or interests therein may be 
acquired under subsection (a) only with the consent of the owner of the 
lands.
    (c) State and Local Lands.--Lands or interests therein owned by the 
State of New Mexico, or a political subdivision thereof, may be 
acquired under subsection (a) only by donation or exchange.
    (d) 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 Monument, including lands added 
to the Monument by this Act, in accordance with this Act, the 
provisions of law generally applicable to units of National Park 
System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; 
commonly known as the National Park Service Organic Act), and such 
specific laws as heretofore have been enacted regarding the Monument.

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.
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