[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 633 Reported in Senate (RS)]






                                                       Calendar No. 348
105th CONGRESS
  2d Session
                                 S. 633

                          [Report No. 105-176]

To amend the Petroglyph National Monument Establishment Act of 1990 to 
      adjust the boundary of the monument, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 1997

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

                             April 29, 1998

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Petroglyph National Monument Establishment Act of 1990 to 
      adjust the boundary of the monument, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Petroglyph National 
Monument Boundary Adjustment Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the purposes for which Petroglyph National 
        Monument was established continue to be valid;</DELETED>
        <DELETED>    (2) the valued cultural and natural resources of 
        Petroglyph National Monument will be best preserved for the 
        benefit and enjoyment of present and future generations under a 
        cooperative management relationship between the City of 
        Albuquerque, New Mexico, the State of New Mexico, and the 
        National Park Service;</DELETED>
        <DELETED>    (3) the National Park Service has been unable to 
        accommodate harmoniously the transportation needs of the City 
        of Albuquerque in balance with the preservation of cultural and 
        natural resources of Petroglyph National Monument;</DELETED>
        <DELETED>    (4) corridors for the development of Paseo del 
        Norte and Unser Boulevard are indicated on the map referred to 
        in section 102(a) of the Petroglyph National Monument 
        Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 
        note), and the alignment of the roadways was anticipated by 
        Congress before the date of enactment of the Act;</DELETED>
        <DELETED>    (5) it was the intent of Congress in the passage 
        of the Petroglyph National Monument Establishment Act of 1990 
        (Public Law 101-313; 16 U.S.C. 431 note) to allow the City of 
        Albuquerque, New Mexico--</DELETED>
                <DELETED>    (A) to utilize the Paseo del Norte and 
                Unser Boulevard corridors through Petroglyph National 
                Monument; and</DELETED>
                <DELETED>    (B) to coordinate the design and 
                construction of the corridors with the cultural and 
                natural resources of Petroglyph National Monument; 
                and</DELETED>
        <DELETED>    (6) the city of Albuquerque, New Mexico, has not 
        provided for the establishment of rights-of-way for the Paseo 
        del Norte and Unser Boulevard corridors under the Joint Powers 
        Agreement (JPANO 78-521.81-277A), which expanded the boundary 
        of Petroglyph National Monument to include the Piedras Marcadas 
        and Boca Negra units, pursuant to section 104 of the Petroglyph 
        National Monument Establishment Act of 1990 (Public Law 101-
        313; 16 U.S.C. 431 note).</DELETED>

<DELETED>SEC. 3. BOUNDARY ADJUSTMENT.</DELETED>

<DELETED>    Section 104(a) of the Petroglyph National Monument 
Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 note) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;</DELETED>
        <DELETED>    (2) by striking ``(a) Upon'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) Piedras Marcadas and Boca Negra Units.--</DELETED>
        <DELETED>    ``(1) In general.--Upon''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Boundary adjustment.--</DELETED>
                <DELETED>    ``(A) Exclusion of paseo del norte 
                corridor.--Notwithstanding paragraph (1), effective as 
                of the date of enactment of this subparagraph--
                </DELETED>
                        <DELETED>    ``(i) the boundary of the monument 
                        is adjusted to exclude the Paseo Del Norte 
                        corridor in the Piedras Marcadas Unit described 
                        in Exhibit B of the document described in 
                        subparagraph (B); and</DELETED>
                        <DELETED>    ``(ii) the Paseo Del Norte 
                        corridor shall be owned and managed as if the 
                        corridor had never been within the boundary of 
                        the monument.</DELETED>
                <DELETED>    ``(B) Document.--The document described in 
                this subparagraph is the document entitled `Petroglyph 
                National Monument Roadway/Utility Corridors', on file 
                with the Secretary of the Interior and the mayor of the 
                City of Albuquerque, New Mexico.''</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Petroglyph National Monument 
Boundary Adjustment Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the purposes for which Petroglyph National Monument 
        (hereinafter ``the monument'') was established continue to be 
        valid;
            (2) it is of mutual benefit to the trustee institutions of 
        the New Mexico State Trust lands and the National Park Service 
        for land exchange negotiations to be completed with all due 
        diligence, resulting in the transfer of all State Trust lands 
        within the boundaries of the monument to the United States in 
        accordance with State and Federal law;
            (3) because the city of Albuquerque has acquired 
        substantial acreage within the monument boundaries, purchased 
        with State and municipal funds, the consolidation of land 
        ownership and jurisdiction under the National Park Service will 
        require the consent of the city of Albuquerque, and options for 
        National Park Service acquisition that are not currently 
        available;
            (4) corridors for the development of Paseo del Norte and 
        Unser Boulevard are depicted on the map referred to in section 
        102(a) of the Petroglyph National Monument Establishment Act of 
        1990 (Public Law 101-313; 16 U.S.C. 431 note), and the 
        alignment of the roadways was anticipated by Congress before 
        the date of enactment of the Act;
            (5) it was the expectation of the principal proponents of 
        Petroglyph National Monument, including the cities of 
        Albuquerque and Rio Rancho, New Mexico, and the National Park 
        Service, that passage of the Petroglyph National Monument 
        Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 
        note) would allow the city of Albuquerque--
                    (A) to utilize the Paseo del Norte and Unser 
                Boulevard corridors through the monument; and
                    (B) to design and construct infrastructure within 
                the corridors with the cultural and natural resources 
                of the monument in mind;
            (6) the city of Albuquerque has not provided for the 
        establishment of rights-of-way for the Paseo del Norte and 
        Unser Boulevard corridors under the Joint Powers Agreement 
        (PANO 78-521.81-277A), which expanded the boundary of the 
        monument to include the Piedras Marcadas and Boca Negra units, 
        pursuant to section 104 of the Petroglyph National Monument 
        Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 
        note);
            (7) adequate planning and cooperation between the city of 
        Albuquerque and the National Park Service is essential to avoid 
        resource degradation within the monument resulting from storm 
        water runoff, and that drainage conveyances through the 
        monument should be designed and located to provide sufficient 
        capacity for effective runoff management; and
            (8) Petroglyph National Monument will be best managed for 
        the benefit and enjoyment of present and future generations 
        with cooperation between the city of Albuquerque, the State of 
        New Mexico, and the National Park Service.

SEC. 3. STORM WATER DRAINAGE AND TECHNICAL ASSISTANCE.

    (a) Storm Water Drainage.--Within 180 days of enactment of this 
section, the Secretary of the Interior, acting through the Director of 
the National Park Service, or a designee thereof, and the city of 
Albuquerque, New Mexico, shall enter into negotiations to provide for 
the management of storm water runoff and drainage within the monument, 
including the design and construction of any storm water corridors, 
conveyances, and easements within the monument boundaries.
    (b) Technical Assistance.--At least 120 days before the initiation 
of any construction within the corridor described in Exhibit B of the 
document referred to in subsection (c), the city of Albuquerque, New 
Mexico, shall provide to the Secretary of the Interior, acting through 
the Director of the National Park Service, design specifications of the 
construction project. Prior to, or upon receipt of such specifications, 
the Secretary, or a designee thereof, may provide the city with 
technical assistance in the design of any construction project within 
such corridor. Technical assistance provided by the Secretary shall be 
solely to advise the city on design.
    (c) Document.--The document described in this section is the 
document entitled ``Petroglyph National Monument Roadway/Utility 
Corridors'', on file with the Secretary of the Interior and the mayor 
of the city of Albuquerque, New Mexico.

SEC. 4. ACQUISITION AUTHORITY; BOUNDARY ADJUSTMENT; ADMINISTRATION AND 
              MANAGEMENT OF THE MONUMENT.

    (a) Acquisition Authority.--Section 103(a) of the Petroglyph 
National Monument Establishment Act of 1990 (Public Law 101-313, 16 
U.S.C. 431 note) is amended by striking ``, except that lands or 
interests therein owned by the State or a political subdivision thereof 
may be acquired only by donation or exchange'', and inserting in lieu 
thereof ``: Provided, That no lands or interests therein owned by the 
State or a political subdivision thereof may be acquired by purchase 
prior to--
            ``(1) the State or political subdivision thereof holding 
        title to such land identifying it for disposal; and
            ``(2) either--
                    ``(A) the acquisition of all private land within 
                the monument boundary for which there is a willing 
                seller; or
                    ``(B) two years after a final offer (for which 
                funds are available) is made by the Secretary to 
                acquire all remaining private land, at fair market 
                value.''.
    (b) Boundary Adjustment.--Section 104(a) of the Petroglyph National 
Monument Establishment Act of 1990 (Public Law 101-313; 16 U.S.C. 431 
note) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (2) by striking ``(a) Upon'' and inserting the following:
    ``(a)(1) Upon''; and
            (3) by adding at the end the following:
            ``(2)(A) Notwithstanding paragraph (1), effective as of the 
        date of enactment of this subparagraph--
                    ``(i) the boundary of the monument is adjusted to 
                exclude the Paseo Del Norte corridor in the Piedras 
                Marcadas Unit described in Exhibit B of the document 
                described in subparagraph (B); and
                    ``(ii) the prior inclusion of the Paseo Del Norte 
                corridor within the boundary of the monument shall have 
                no effect on any future ownership, use, or management 
                of such corridor.
            ``(B) The document described in this subparagraph is the 
        document entitled `Petroglyph National Monument Roadway/Utility 
        Corridors', on file with the Secretary of the Interior and the 
        mayor of the city of Albuquerque, New Mexico.''.
    (c) Administration and Management of the Monument.--Section 105 of 
the Petroglyph National Monument Establishment Act of 1990 (Public Law 
101-313, 16 U.S.C. 431 note) is amended by adding the following new 
subsection--
    ``(f) In the event that the binding agreement providing for the 
expansion of the monument pursuant to section 104 is amended, in 
accordance with the terms of the agreement, such that responsibility 
for operation, maintenance and repair of any or all property within the 
Boca Negra or Piedras Marcadas units of the monument is transferred to 
the National Park Service, the Secretary may employ, at a comparable 
grade and salary within the National Park Service, any willing 
employees of the city assigned to those units.''.

SEC. 5. DOUBLE EAGLE II AIRPORT ACCESS ROAD.

    The Administrator of the Federal Aviation Administration shall 
allow the use of the existing access road to the Double Eagle II 
Airport for visitor access to the monument.
                                     





                                                       Calendar No. 348

105th CONGRESS

  2d Session

                                 S. 633

                          [Report No. 105-176]

_______________________________________________________________________

                                 A BILL

To amend the Petroglyph National Monument Establishment Act of 1990 to 
      adjust the boundary of the monument, and for other purposes.

_______________________________________________________________________

                             April 29, 1998

                       Reported with an amendment