[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[Senate]
[Pages S8535-S8536]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 BANDELIER NATIONAL MONUMENT ADMINISTRATIVE IMPROVEMENT AND WATERSHED 
                         PROTECTION ACT OF 1997

  The Senate proceeded to consider the bill (S. 1132) to modify the 
boundaries of the Bandelier National Monument to include the lands 
within the headwater 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, which had been reported from the 
Committee on Energy and Natural Resources, with amendments; as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                S. 1132

       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.
       [(b) Purposes.--The purposes of this Act are to] (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

[[Page S8536]]

     subdivision, the Gardner parcel, the Clark parcel, and the 
     Baca Land & Cattle Co. lands within the Upper Alamo watershed 
     as depicted on the map National Park Service map entitled 
     [``Alamo Headwaters Proposed Additions'' dated 6/97.] 
     ``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. TRANSFER AND ACQUISITION OF LANDS.

       [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.]

     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 [August 25, an Act] 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.

  The committee amendments were agreed to.
  The bill (S. 1132), as amended, was deemed read the third time and 
passed.

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