[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Reported in Senate (RS)]






                                                       Calendar No. 350
105th CONGRESS
  2d Session
                                S. 1132

                          [Report No. 105-178]

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1997

 Mr. Bingaman introduced the following bill; which was read twice and 
             referred to the Committee on Natural Resources

                             April 29, 1998

               Reported by Mr. Markowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 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 1997''.

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 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 
                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.
    <DELETED>(b) Purposes.--The purposes of this Act are to</DELETED> 
(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 <DELETED>map</DELETED> National Park 
Service map entitled <DELETED>``Alamo Headwaters Proposed Additions'' 
dated 6/97. </DELETED>``Proposed Boundary Expansion Map Bandlier 
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.

<DELETED>SEC. 4. TRANSFER AND ACQUISITION OF LANDS.</DELETED>

<DELETED>    Within the boundaries designated by this Act, the 
Secretary of the Interior is authorized to acquire lands (or interests 
in lands such as he determines shall adequately protect the Monument 
from flooding, erosion, and degradation of its drainage waters) by 
donation, purchase with donated or appropriated funds, exchange, or 
transfer of lands acquired by other Federal agencies.</DELETED>

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 <DELETED>August 25, an Act 
</DELETED>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.

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.
                                 <all>




                                                       Calendar No. 350

105th CONGRESS

  2d Session

                                S. 1132

                            [Report No. 178]

_______________________________________________________________________

                                 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 purchase 
          or donation of those lands, and for other purposes.

_______________________________________________________________________

                             April 29, 1998

                        Reported with amendments