[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[House]
[Pages H11669-H11670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 BANDELIER NATIONAL MONUMENT ADMINISTRATIVE IMPROVEMENT AND WATERSHED 
                         PROTECTION ACT OF 1998

  Mr. YOUNG of Alaska. Mr. Speaker, pursuant to House Resolution 604, I 
call up the Senate bill (S. 1132) 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, and ask for its immediate consideration.
  The Clerk read the title of the Senate bill.
  The text of S. 1132 is as follows:

                                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 
     1998''.

     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).

[[Page H11670]]

       (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) 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 National Park Service map entitled 
     ``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.

     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, 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 SPEAKER pro tempore (Mr. Camp). Pursuant to House Resolution 604, 
the gentleman from Alaska (Mr. Young) and the gentleman from California 
(Mr. Miller) each will control 30 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I urge my colleagues to support S. 
1132.
  Mr. Speaker, I rise in support of S. 1132 and urge my colleagues to 
pass this measure.
  S. 1132 is a bill introduced by Senator Jeff Bingaman and has a 
companion bill, H.R. 3936 which was introduced by Congressman Bill 
Redmond, both from the State of New Mexico. Mr. Bingaman and Mr. 
Redmond have worked hard to develop a bill that will increase the size 
of Bandelier National Monument and protect its watershed.
  Mr. Speaker, S. 1132 modifies the boundary to include lands within 
the upper watershed of the Bandelier National Monument which 
potentially can threaten the Monument with flooding, erosion, and water 
quality. The expansion will include approximately 935 acres of land and 
can only be acquired with the consent of the landowner. This boundary 
expansion will help enhance and protect the lands within the Bandelier 
National Monument.
  I urge my colleagues to support S. 1132.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, earlier today I objected to the consideration of this 
legislation because I felt that the minority was being treated unfairly 
and that this was a political maneuver to pass this legislation and 
intended to hold this bill up. As a result of that I received a letter 
from Mr. Tom Udall who said that even though this may benefit his 
opponent he asked that we release this legislation so that it could be 
passed because of its importance to the State of New Mexico and to the 
Nation. It is an area that he is familiar with.
  The letter referred to is as follows:

              A Message From Tom Udall to House Democrats

                                                 October 20, 1998.
       Dear Representative: I urge you to vote for S. 1132, the 
     Bandelier National Monument Administrative Improvement and 
     Watershed Protection Act of 1998 when it comes before the 
     House of Representatives.
       This important legislation, which was introduced and has 
     been championed by my good friend, Sen. Jeff Bingaman, is 
     essential in order to better protect Bandelier National 
     Monument, one of the crown jewels of our marvelous National 
     Park System. The bill authorizes a 955-acre expansion of 
     Bandelier, a critical conservation purchase that will secure 
     the last unprotected parcel of the park's headwaters. 
     Protecting this parcel will prevent destruction of this 
     pristine natural area by development and will prevent impacts 
     to Bandelier's water quality, quantity, and archeological 
     sites. The area also includes Alamo Spring, which is sacred 
     to New Mexico's Indian pueblos and must be safeguarded. Funds 
     to acquire these lands have already been set aside by 
     Congress.
       I know and cherish our state's natural heritage. I have 
     hiked the canyons of Bandelier. These places must be 
     protected for our families and children, and to preserve our 
     quality of life. If I am elected to Congress in November, I 
     shall be a strong voice for the balanced protection of the 
     environment and the preservation of America's magnificent 
     national parks and public lands.
       I understand there is good reason for Democrats to hesitate 
     on this bill. It was not introduced early enough to be heard 
     by committees in the House, and many contend that it has not 
     received an adequate review. Moreover, the Republicans have 
     refused to give fair consideration to Democratic bills in the 
     final days of the Congress.
       Some may feel that passage of S. 1132 might benefit my 
     opponent in the upcoming election. I believe that protecting 
     Bandelier is not a partisan issue. More importantly, please 
     believe me when I say that New Mexicans already know the 
     truth about who should take credit for protecting Bandelier 
     if S. 1132 passes Congress. My opponent has one of the worst 
     anti-environmental voting records in the House of 
     Representatives (he received a 8% score from the League of 
     Conservation Voters). What may be achieved will be achieved 
     in spite of him, not because of him, and the citizens of New 
     Mexico know this.
       Protecting Bandelier can't wait. Please vote for S. 1132.
           Sincerely,
     Tom Udall,
       Candidate for the House of Representatives, 3rd 
     Congressional District of New Mexico.

  Mr. MILLER of California. Mr. Speaker, I yield back the balance of my 
time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The Senate bill is considered read for 
amendment, and pursuant to House Resolution 604, the previous question 
is ordered.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________