[Congressional Record Volume 143, Number 49 (Wednesday, April 23, 1997)]
[Senate]
[Pages S3552-S3553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 633. A bill to amend the Petroglyph Monument Establishment Act of 
1990 to adjust the boundary of the monument, and for other purposes; to 
the Committee on Energy and Natural Resources.


    the petroglyph national monument boundary adjustment act of 1997

  Mr. DOMENICI. Mr. President, today I am introducing legislation that 
for the past 6 years, I hoped would not be necessary. This legislation 
is necessary, however, to ensure that the American people will continue 
to be able to enjoy the natural and cultural resources of Petroglyph 
National Monument.

  For almost 10 years, I have worked to provide needed protection for 
the invaluable cultural resources located throughout the 17-mile-long 
escarpment on Albuquerque's west side. In 1990, New Mexico's 
congressional delegation successfully enacted legislation which I 
sponsored in the U.S. Senate to establish Petroglyph National Monument. 
The bill was signed by President George Bush on June 27, 1990, 
providing protection for prehistoric and historic artifacts from 
looting, vandalism, and imminent development.
  That legislation provided a unique management program for the new 
monument, directly involving the National Park Service, the State of 
New Mexico, and the city of Albuquerque. Cooperation was and remains 
critical because, among other reasons, the State of New Mexico and the 
city of Albuquerque hold title to almost 63 percent of the land within 
the boundaries of the monument. Albuquerque alone holds title to about 
3,800 acres of the 7,244 acres within the monument. In order to provide 
protection of the petroglyphs and other artifacts along the escarpment, 
a partnership between the three layers of government--Federal, State 
and local--remains the most appropriate way of managing these important 
resources.
  Even before its introduction, I have already heard from several of my 
colleagues that the Domenici bill regarding petroglyphs has begun to 
generate controversy. I am sure that many more things will be said 
about it following today's introduction. By introducing this 
legislation, I want to reduced the debate to the basic essence of the 
relevant issues. It is about resolving a problem for two growing 
communities that encompass a national monument. That resolution 
involves providing access to less than one-quarter mile of a right-of-
way that has been in the planning process for well over a decade. The 
problem with that one-quarter mile stretch is that it falls on city-
owned land within the current boundaries of the national monument.
  This legislation will adjust the monument boundary to exclude 
approximately 8.5 acres, providing a corridor for the extension of 
Paseo del Norte. This accounts for approximately one-tenth of 1 percent 
of the 7,244 acres within the monument boundary. This is not an 
authorization for the city of Albuquerque to begin construction on the 
road. When passed, it will simply remove the Federal Government as a 
barrier to the process of developing locally needed access to 
Albuquerque's west side.
  In order to maintain the local support needed to sustain a national 
monument in an urban area, the city's needs must be acknowledged and 
dealt with. The extension of Paseo del Norte is an important piece of 
the planned transportation network for the west side. Access to much of 
the area for emergency services, such as ambulance and fire equipment, 
is currently inadequate. Albuquerque and Rio Rancho must have the 
ability to deal with the needs of those who already live and work in 
the area, and plan for needs of those who will live and work there in 
the future. At this point, growth and development north and east of the 
monument have eliminated any other reasonable alternatives that would 
resolve the problems that the cities face. The need for a resolution is 
indicated by demographic and traffic pattern projections provided by 
the regional planning organization, the Middle Rio Grande Council of 
Governments.
  The extension of Paseo del Norte and the protection of the monument's 
cultural resources are not mutually exclusive ideas. They have been 
brought together before when a coalition was put together in 1989 to 
address these very same issues. At that time, the transportation needs 
and preservation concerns were coordinated to move forward with an idea 
that all could support. That plan, which resulted in the creation of 
Petroglyph National Monument, acknowledged the idea that neither the 
Paseo del Norte or Unser boulevard extensions would detract from the 
integrity of the monument, and the purposes for which it was created. 
Since that time, the city of Albuquerque has gone to great lengths to 
minimize any disturbance to the artifacts. In fact, the proposed road 
alignment would not directly impact a single petroglyph as it ascends 
the escarpment.
  This legislation will once again commit us to the goal of a national 
monument that benefits the Albuquerque area, the Pueblo people, and the 
public, at large. The relationship between the city and the National 
Park Service has deteriorated since all parties entered into a 1991 
joint administrative agreement. The situation now goes beyond issues 
surrounding the transportation planning of the city of Albuquerque, 
centered around Paseo del Norte, and whether it should or shouldn't be 
extended to the west side of the escarpment. As I mentioned earlier, 
the city of Albuquerque owns well over half of the land within the 
monument boundary. A breakdown of cohesive and coordinated management 
of the monument and its natural and cultural resources continues, and 
threatens to dissolve the support of the local communities and the 
surrounding municipalities. As was the case when the monument was 
established, a return to the intimate working relationship between the 
National Park Service and the cities of Albuquerque and Rio Rancho is 
required. This cannot happen, however, until the issues surrounding 
transportation planning are resolved, just as they were when the 
monument was established. Without a cooperative and productive 
relationship between the cities and the Park Service, the monument will 
never be what it was intended to be--a benefit to all Americans.
  Throughout the ongoing debate, the urban development on Albuquerque's 
west side has been a constant reminder that the monument does not exist 
in a vacuum. Efforts to manage and protect the monument's natural and 
cultural resources must be coordinated with the needs of New Mexico's 
fastest growing cities--Albuquerque and Rio Rancho. That is to say that 
neither altruistic protectionism, nor unmitigated growth can be 
paramount in this relationship.
  Both the city and the Park Service have made it clear that 
legislation is required to reach the goal we all desire. Unfortunately, 
there is no agreement on what the legislation should include. The city 
sees its transportation and infrastructure needs as the most important 
component. The Park Service believes that resource management and 
protection need to be considered as the top priority. Both the Park 
Service and the city have sound reasons for their respective positions. 
I believe that this legislation is not only the right thing for the 
city of Albuquerque or Rio Rancho, but the right thing for Petroglyph 
National Monument.
  In closing, Mr. President, I want to make it clear that neither the 
Park Service, nor the city of Albuquerque

[[Page S3553]]

can continue to pursue its own agenda without considering the needs of 
the other. We must all begin to refocus our efforts on our ultimate 
goal, providing for Petroglyph National Monument in a way that we can 
all be proud. I urge my colleagues to support this legislation that is 
critical to the communities of the Albuquerque area. Just as important, 
this legislation is vital to the continued enhancement and protection 
of the national monument we created in that urban area to preserve 
these invaluable cultural resources.
  Without this, it seems to me the park will never again have 
cooperation between the city, the State, and the Federal Government and 
what could have been a marvelous example of government working together 
will probably end up in shambles.
  I send the bill to the desk and ask it be appropriately referred.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 633

       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 ``Petroglyph National Monument 
     Boundary Adjustment Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the purposes for which Petroglyph National Monument was 
     established continue to be valid;
       (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;
       (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.
       (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;
       (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--
       (A) to utilize the Paseo del Norte and Unser Boulevard 
     corridors through Petroglyph National Monument; and
       (B) to coordinate the design and construction of the 
     corridors with the cultural and natural resources of 
     Petroglyph National Monument; and
       (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).

     SEC. 3. 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) Piedras Marcadas and Boca Negra Units.--
       ``(1) In general.--Upon''; and
       (3) by adding at the end the following:
       ``(2) Boundary adjustment.--
       ``(A) Exclusion of paseo del norte corridor.--
     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 Paseo Del Norte corridor shall be owned and 
     managed as if the corridor had never been within the boundary 
     of the monument.
       ``(B) Document.--The document described in this paragraph 
     is the document entitled ``Petroglyph National Monument Road-
     way/Utility Corridors'', on file with the Secretary of the 
     Interior and the mayor of the City of Albuquerque, New 
     Mexico.
                                 ______