[Congressional Record Volume 149, Number 12 (Thursday, January 23, 2003)]
[Senate]
[Pages S1489-S1490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 214. A bill to designate Fort Bayard Historic District in the 
State of New Mexico as a National Historic Landmark, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce, along with my 
colleague Senator Domenici, legislation to designate Fort Bayard in New 
Mexico as a National Historic Landmark.
  Fort Bayard is significant not only for the role it played as a 
military post in fostering early settlement in the region, but for its 
role as a nationally important tuberculosis sanatorium and hospital. 
During the 99 years spanning its establishment in 1866 through its 
closing as a Veterans Administration hospital in 1965, Fort Bayard 
served as the most prominent evidence of the Federal Government's role 
in southwestern New Mexico. Fort Bayard has recently been listed on the 
National Register of Historic Places in recognition of the historical 
significance of the site.

[[Page S1490]]

  From 1866 to 1899, Fort Bayard functioned as an Army post while its 
soldiers, many of them African-American, or Buffalo Soldiers, protected 
settlers working in the nearby mining district. These Buffalo Soldiers 
were a mainstay of the Army during the late Apache wars and fought 
heroically in numerous skirmishes. Like many soldiers who served at 
Fort Bayard, some of the Buffalo Soldiers remained in the area 
following their discharge. Lines of headstones noting the names of men 
and their various Buffalo Soldier units remain in the older section of 
what is now the National Cemetery. In 1992, these soldiers were 
recognized for their bravery when a Buffalo Soldier Memorial statue was 
dedicated at the center of the Fort Bayard parade ground. It gradually 
became apparent that the Army's extensive frontier fort system was no 
longer necessary. By 1890, it was clear that the era of the western 
frontier, at least from the Army's perspective, had ended. Fort Bayard 
was scheduled for closure in 1899.
  Even as the last detachment of the 9th U.S. Cavalry prepared to 
depart the discontinued post, new federal occupants were arriving at 
Fort Bayard. On August 28, 1899, the War Department authorized the 
surgeon-general to establish a general hospital for use as a military 
sanatorium. This would be the first sanatorium dedicated to the 
treatment of officers and enlisted men of the Army suffering from 
pulmonary tuberculosis. At 6,100 ft. and with a dry, sunny climate, the 
fort lay within what proponents of climatological therapy termed the 
``zone of immunity.'' By 1919, the cumulative effect of over 15 years 
of construction and improvement projects was the creation of a small, 
nearly self-sufficient community.
  In 1920, the War Department closed the sanatorium and the United 
States Public Health Service assumed control of the facility. A second 
phase occurred in 1922 when a new agency, the Veterans' Bureau, was 
created within the Treasury Department and charged with operating 
hospitals throughout the country whose clientele were veterans 
requiring medical services. As a result, in the summer of 1922 the 
United States General Hospital at Fort Bayard was transferred to the 
Veterans' Bureau and became known as United States Veterans' Hospital 
No. 55. Its mission of treating those afflicted with tuberculosis, 
however, remained the same.
  By 1965, there was no longer a need for a tuberculosis facility 
located at a high elevation in a dry climate, and the Veterans' 
Administration decided to close the hospital in that year. However, in 
part because of the concerns of the local communities that depended 
upon the hospital, the State of New Mexico assumed responsibility for 
the facility and 484 acres of the former military reservation. Since 
then, the State has used it for geriatric, as well as drug and alcohol 
rehabilitation and orthopedic programs. Because of the extensive 
cemetery dating to the fort and sanatorium eras at Fort Bayard, the 
State of New Mexico transferred 16 acres in 1975 for the creation of 
the Fort Bayard National Cemetery, administered by the Veterans' 
Administration.
  For these and many other reasons, I believe it is clear that Fort 
Bayard is historically significant and merits recognition as a National 
Historic Landmark. Fort Bayard illuminates a rich and complex story 
that is important to the entire nation.
  Last Congress identical legislation was considered and favorably 
reported by the Energy and Natural Resources Committee and included in 
a larger package of public land bills which passed the Senate by 
unanimous consent. Since there is broad local support for the bill, and 
it has already received the approval of the Senate, it is my hope that 
we can expeditiously consider the bill this year.
  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. 214

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Bayard National 
     Historic Landmark Act''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) Fort Bayard, located in southwest New Mexico, was an 
     Army post from 1866 and 1899, and served an important role in 
     the settlement of New Mexico;
       (2) among the troops stationed at the fort were several 
     ``Buffalo Soldier'' units who fought in the Apache Wars;
       (3) following its closure as a military post, Fort Bayard 
     was established by the War Department as general hospital for 
     use as a military sanatorium;
       (4) in 1965 the State of New Mexico assumed management of 
     the site and currently operates the Fort Bayard State 
     Hospital;
       (5) the Fort Bayard historic site has been listed on the 
     National Register of Historic Places in recognition of the 
     national significance of its history, both as a military fort 
     and as an historic medical facility.

     SEC. 3. FORT BAYARD NATIONAL HISTORIC LANDMARK.

       (a) Designation.--The Fort Bayard Historic District in 
     Grant County, New Mexico, as listed on the National Register 
     of Historic Places, is hereby designated as the Fort Bayard 
     National Historic Landmark.
       (b) Administration.--
       (1) Consistent with the Department of the Interior's 
     regulations concerning National Historic Landmarks (36 C.F.R. 
     Part 65), designation of the Fort Bayard Historic District as 
     a National Historic Landmark shall not prohibit under Federal 
     law or regulations any actions which may otherwise be taken 
     by the property owner with respect to the property.
       (2) Nothing in this Act shall affect the administration of 
     the Fort Bayard Historic District by the State of New Mexico.

     SEC. 4. COOPERATIVE AGREEMENTS.

       (a) In General.--The Secretary, in consultation with the 
     State of New Mexico, may enter into cooperative agreements 
     with appropriate public or private entities, for the purpose 
     of protecting historic resources at Fort Bayard and providing 
     educational and interpretive facilities and programs for the 
     public. The Secretary shall not enter into any agreement or 
     provide assistance to any activity affecting Fort Bayard 
     State Hospital without the concurrence of the State of 
     Mexico.
       (b) Technical and Financial Assistance.--The Secretary may 
     provide technical and financial assistance with any entity 
     with which the Secretary has entered into a cooperative 
     agreement under subsection (a) in furtherance of the 
     agreement.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out this Act.
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