[Senate Report 105-176]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 348
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-176
_______________________________________________________________________


 
          PETROGLYPH NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT

                                _______
                                

                 April 29, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 633]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 633) to amend the Petroglyph National 
Monument Establishment Act of 1990 to adjust the boundary of 
the monument, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 Alburquerque--
                  (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 ``, exceptthat 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, 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 if 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.

                         Purpose of the Measure

    The purpose of S. 633 is to amend the Petroglyph National 
Monument Establishment Act of 1990 to exclude the 8\1/2\-acre 
Paseo del Norte road corridor from the monument boundaries.

                          Background and Need

    Petroglyph National Monument (Monument) is located west of 
Albuquerque, New Mexico and was established by Public Law 101-
313 on June 27, 1990. The Monument contains more than 15,000 
prehistoric and historic Native American and Hispanic 
petroglyphs (which are images carved on rocks). These artifacts 
date back as far as 12,000 years and are situated generally 
along a 17 mile escarpment on Albuquerque's West Mesa. The 
Monument is comprised of 671 federal and 4,517 non-federal 
acres and is managed jointly between the National Park Service 
(NPS), the State of New Mexico (State) and the City of 
Albuquerque (city).
    In accordance with the Monument's enabling legislation the 
NPS, city and State entered into a joint powers agreement under 
which the NPS managed the Atrisco Unit in the southern end of 
the Monument, while the State-owned Boca Negra Unit and the 
city-owned Piedras Marcada Unit would be managed by the city 
pursuant to the Joint Powers Agreement. The Atrisco Unit is 
still directly managed by the NPS.
    Over the years, residential development has grown at the 
north end of the Monument, but some believe development has 
been hampered because the Monument imposes a barrier to 
vehicular traffic between Albuquerque and proposed western 
suburbs. Proponents of S. 633 contend that Petroglyph National 
Monument was intended to be an urban park and that a 
transportation corridor known as Paseo Del Norte was always 
intended to transect the Monument to link Albuquerque with any 
future western neighborhood growth. Opponents of the 
legislation are concerned that the Paseo Del Norte, if 
developed, would damage artifacts and sever the continuity of 
the Monument. Certain Native American groups maintain that 
development of the road corridor would degrade the importance 
of a culturally significant area.
    In the Spring of 1992, the city issued the draft Unser 
Middle Transportation Corridor Study Environmental Impact 
Statement, with a public hearing in April of 1992. The final 
EIS was released November, 1992. Among its contents were 
provisions for realignment of Unser Boulevard (which currently 
runs through the Monument), and for development of Paseo Del 
Norte road corridor, which would transect the Monument for 
about 1270 feet at a narrow point in the Monument, north of the 
Unser Boulevard Crossing.
    In June 1992, the Albuquerque City Council approved the 
final EIS with a provision that road construction through the 
Monument could not begin until the City Attorney indicated ``no 
credible legal barriers'' prevented such construction.
    During the public review stage of the EIS, the NPS had 
recommended three alternative routes for Paseo Del Norte that 
would not transect the Monument, but would contour the route 
around the north boundary. The NPS did not oppose the 
realignment of Unser Boulevard.
    The NPS has opposed the Paseo Del Norte route because it 
does not facilitate ``park purposes.'' Conversely, the NPS has 
taken the position that the Unser Boulevard route (and its 
proposed realignment route) does promote park purposes. One of 
the NPS alternative routes to Paseo Del Norte, called the 
Calabacillas alternative, accomplished the same transportation 
purposes as Paseo Del Norte from the NPS perspective, but is 
considered economically impracticable by the city. The northern 
routes are also resisted by many who live in neighborhoods 
north of the Monument, who feel the increased traffic will have 
negative effects on their neighborhoods.
    S. 366 would also allow the City of Albuquerque to either 
construct Paseo del Norte through the Monument or not, 
depending on local preference and would withdraw the corridor 
from Monument boundaries. According to the Middle Unser 
Transportation Corridor Study, Final Environmental Impact 
Statement, the Paseo Del Norte Middle Alignment will directly 
impact no petroglyphs within the right of way. The study notes 
``potential impacts'' of up to 330, with the majority of those 
(over 260), outside of the right of way.

                          Legislative History

    S. 633 was introduced by Senator Domenici on April 23, 1997 
and referred to the Committee on Energy and Natural Resources. 
The Subcommittee on National Parks, Historic Preservation, and 
Recreation held a hearing on S. 633 on October 23, 1997.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on March 12, 1998, by voice vote of a quorum 
present, recommendsthat the Senate pass S. 633, if amended as 
described herein.

                          Committee Amendment

    During the consideration of S. 633, the Committee adopted 
an amendment in the nature of substitute, which added 
provisions affecting storm water damage, technical assistance, 
acquisition authority, boundary adjustment, management and the 
Double Eagle II Airport Access Road.
    Specifically, the amendment directs the NPS and the city of 
begin negotiations on the management of storm water drainage 
through the Monument; directs the city of submit design 
specifications for projects in the Paseo del Norte corridor to 
the National Park service, and allows the NPS to provide 
technical assistance, in an advisory capacity, in the design of 
the projects; authorizes the Park Service to purchase land 
acquired by the city, if the city agrees, and the NPS first 
acquires the remaining private land within the Monument; amends 
section 104(a) of the Petroglyph National Monument Established 
Act of 1990, adjusting the boundary of the Monument to exclude 
the corridor for the possible extension of Paseo del Norte; 
provides that if the Park Service assumes management for 
additional units in the monument, that city employees could be 
hired by the Park Service; and provides for the use of the FAA 
road to Double Eagle II Airport to be used to improve access to 
the west side of the monument.

                      Section-by-Section Analysis

    Section 1 designates the short title as the ``Petroglyph 
National Monument Boundary Adjustment Act''.
    Section 2 presents Congressional findings as noted in the 
six following paragraphs:
        Paragraph (1) reaffirming that the purposes for which 
        the Monument was established continue to be valid;
        Paragraph (2) states that the Monument will best be 
        managed under a cooperative relationship between the 
        city, the State and the NPS;
        Paragraph (3) states that the consolidation of land 
        ownership under the jurisdiction of the National Park 
        Service will require the consent of the city. However, 
        options for the acquisition of City and State owned 
        lands are not currently available.
        Paragraph (4) states that the corridors for Under 
        Boulevard and Paseo del Norte were anticipated by 
        Congress before enactment of the Monument;
        Paragraph (5) states that it was the intent of the 
        principal proponents of the Monument to allow the city 
        to utilize the Paseo del Norte and Under Boulevard 
        corridors through the Monument and to coordinate 
        construction with protection of natural and cultural 
        resources of the Monument;
        Paragraph (6) finds that the city has not provided for 
        the establishment of rights-of-way for Paseo del Norte 
        and Under Boulevard under the Joint Powers Agreement 
        which expanded Petroglyph National Monument.
    Section 3 directs the NPS and the city, within 180 days of 
enactment of this section, to enter into negotiations to 
provide for the management of storm water runoff and drainage 
within the Monument. Directs the city to provide the NPS design 
specifications of the construction project at least 120 days 
before beginning construction. The NPS may provide the city 
technical assistance in the design of the construction project. 
The section further describes the document described in this 
section as the ``Petroglyph National Monument Roadway/Utility 
Corridors''.
    Section 4 amends section 103(a) of the Petroglph National 
Monument Act to authorize the NPS to purchase lands owned by 
the State or the city, but not prior to such lands being 
identified for disposal, and not until either the acquisition 
of all private land from willing sellers takes place or until 
two years after a final officer is made by the NPS to acquire 
the remaining private lands at fair market value, whichever 
occurs first.
    The section also adjusts the boundary of the Monument to 
exclude the Paseo Del Norte corridor in the Piedras Macadam 
Unit and directs that the corridor be managed as if it had 
never been within the boundary of the Monument.
    Finally, in the event that the Boca Negra or Piedras 
Marcadas units are transferred to the NPS, the Service may 
employ any willing employees of the city, assigned to those 
sites, at a comparable grade and salary.
    Section 5 directs the Federal Aviation Administration to 
allow the use of the existing access road to the Double Eagle 
II Airport for visitor access to the monument.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 2, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman. The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 633, the Petroglyph 
National Monument Boundary Adjustment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for this 
estimate are Deborah Reis (for federal costs) and Marjorie 
Miller (for the state and local impact).
            Sincerely,
                                             James L. Blum,
                                   (for June E. O'Neill, Director).
    Enclosure.

               congressional budget office cost estimate

S. 633--Petroglyph National Monument Boundary Adjustment Act

    S. 633 would authorize the National Park Service (NPS) to 
purchase state- and city-owned land within the boundaries of 
Petroglyph National Monument in New Mexico. Under existing law, 
land within the monument that is owned by state or local 
governments may only be acquired by donation or exchange. The 
bill also would remove from the monument's boundaries about 8.5 
acres of land owned by the city of Albuquerque. Finally, the 
bill would give the NPS 180 days to begin negotiations with the 
city to address problems involving storm water runoff within 
the monument.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 633 would cost the federal 
government between $40 million and $90 million over the next 
three or four years. Most of the potential costs would be for 
acquiring up to nearly 4,300 acres of land. The land 
acquisition costs are very uncertain because they depend on the 
future decisions of the NPS, the state of New Mexico, and the 
city of Albuquerque. Assuming that the NPS decides--under S. 
633--that it must acquire all land owned by the city and state, 
and that those governments are not willing to donate any of the 
property, the federal government would likely spend between $30 
million and $70 million to buy up to 4,000 acres of public 
land. (CBO expects that another 640 acres of state trust lands 
and several tracts of city property would probably be exchanged 
for federal land under existing authority.) In addition, the 
NPS would probably but about 300 acres of private land within 
the two units of the monument that the city and state currently 
manage, at a cost of $10 million to $20 million. The city and 
state were planning to purchase this acreage, but it is 
unlikely that they would do so if the NPS assumes their 
management responsibilities.
    The wide range of possible costs reflects the difficulty of 
valuing public recreational land and of predicting future 
negotiations between the sellers and buyer. On the one hand, it 
is possible that the city and state would be willing to sell 
their land for what they have spent to date (about $30 million) 
or donate some holdings. On the other hand, it is possible that 
the sellers would insist on a price that reflects their 
property's current market value, which would be difficult to 
establish for public park land. This estimate is based on 
information providedby the NPS, state and city officials, and 
other affected parties. Other provisions of the bill would have no 
impact on the federal budget.
    Enacting S. 633 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
S. 633 contains no intergovernmental or private-sector mandates 
as defined in Unfunded Mandates Reform Act of 1995 and would 
impose no costs on state, local, or tribal governments. As 
explained above, CBO estimates that the state of New Mexico and 
the city of Albuquerque together would receive between $30 
million and $70 million for the sale of lands to the National 
Park Service, if the parties can agree on the terms of a sale 
and if the necessary funds are appropriated. State and local 
governments would also be affected by the provision removing 
the Paseo del Norte corridor from the monument. This provision 
would facilitate the construction of a new roadway through this 
corridor, but the decision to build such a roadway would be 
left to state and local authorities.
    The CBO staff contacts for this estimate are Deborah Reis 
(for federal costs), and Marjorie Miller (for the state and 
local impact). This estimate was approved by Robert A. 
Sunshine, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 633. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 633, as ordered reported.

                        Executive Communications

    On March 11, 1998, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 633. These reports 
had not been received at the time the report on S. 633 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony of the Department of 
the Interior at the Subcommittee hearing follows:

 Statement by Denis P. Galvin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you to address S. 633, the 
``Petroglyph National Monument Boundary Adjustment Act.'' S. 
633, if enacted, would remove approximately 8.5 acres of land 
from within the present boundary of Petroglyph National 
Monument in order to facilitate the construction of a four to 
six-lane extension of an arterial roadway, known as the Paseo 
del Norte. We are strongly opposed to the passage of this 
legislation. Should the bill, as currently written, be passed 
by Congress, the Secretary will recommend a Presidential veto.
    Petroglyph National Monument was established by Congress in 
1990 to preserve and protect over 15,000 historic and 
prehistoric petroglyphs (rock drawings) and other significant 
natural and cultural resources. It was the first National Park 
System area specifically established to protect and interpret 
petroglyphs and their setting. The monument, which encompasses 
approximately 7,000 acres on the west side of Albuquerque, New 
Mexico, is dominated by the West Mesa. The West Mesa was 
created by volcanic eruptions and lava flows 110,000 years ago 
and serves as a backdrop or canvas for the monument's cultural 
resources. Nearly 400 archaeological sites on the mesa top and 
along the base of the black volcanic escarpment preserve the 
story of prehistoric and historic habitation of the Rio Grande 
Valley. The lands within the monument remain culturally 
significant to the Pueblo community. Petroglyph National 
Monument was established to help protect these vulnerable 
cultural and natural resources from vandalism and urbanization, 
and to provide for their interpretation and enjoyment for 
present and future generations.
    Any use, including construction, within a unit of the 
National Park system must be consistent with and serve park 
purposes according to the National Park Service Organic Act. 
Furthermore, any such use cannot be in derogation of the 
resources for which the monument was established, except as may 
have been or shall be directly and specifically provided by 
Congress. Although section 2 of S. 633 states that it was the 
intent of Congress to utilize the Paseo del Norte corridor 
through the monument, the official hearing transcripts, 
committee reports and public law establishing the monument make 
no reference to the construction of any roadway along the Paseo 
del Norte corridor. No legitimate park purpose exists for the 
50 m.p.h. freeway-type extension route of Paseo del Norte 
across Petroglyph National Monument.
    The proposed route for the Paseo del Norte extension would 
cross a portion of culturally significant land designated as a 
National Register district, and would disturb lands that have 
not been previously disturbed, and would intrude on the quality 
of the visitor experience to portions of the Piedras Marcadas 
Canyon by affecting the natural quiet of the inner canyon.
    The stated purpose for Paseo del Norte is to provide 
improved transportation service on the west side of Albuquerque 
and to relieve existing and future traffic congestion on 
present roads. Based on this rationale, the National Park 
Service has consistently oposed the road as presently planned. 
The current proposed extension route of Paseo del Norte across 
the monument serves no monument or visitor-related purpose and 
will damage the monument's overall integrity. As is noted in 
the monument's general management plan, the National Park 
Service, the state historic preservation officer, the state 
attorney general, and numerous other national and local groups 
have recognized the monument's resources would be significantly 
impacted.
    No Federal funds are proposed for construction of the Paseo 
del Norte, however, we note that section 4(f) of the Department 
of Transportation Act of 1966 states a policy that ``special 
effort should be made to preserve the natural beauty of the 
countryside and public park and recreation lands; wildlife and 
waterfowl refuges, and historic sites.'' If Federal funds are 
requested for this project, section 4(f) would require the 
Department of Transportation to determine whether there is no 
feasible and prudent alternative and that the program includes 
all possible planning to minimize harm to the resources 
protected by the statute. This protection applies to properties 
of historic significance, which is a technical determination 
based on the historic attributes of the sites and the historic 
structures.
    Removing land from an area that has been recognized as 
important to this nation's heritage for construction of a 
freeway or other use to accommodate strictly local needs 
creates a precedent that could become costly within the context 
of our National Park System. It sets us at odds with the 
original intent for establishing these areas--the determination 
that these resources are nationally significant.
    That completes my remarks Mr. Chairman. I would be happy to 
answer any questions that you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 633, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman);

                  (Public Law 101-313--June 27, 1990)

SEC. 103. LAND ACQUISITION AUTHORITY.

    (a) The Secretary is authorized to acquire lands and 
interests therein within the monument boundary by donation, 
purchase with donated or appropriated funds, exchange, or 
transfer from any other Federal agency[, except that lands or 
interests therein owned by the State or a political subdivision 
thereof may be acquired only by donation or exchange] 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.

SEC. 104. EXPANSION OF THE MONUMENT.

    [(a) Upon](a)(1) Upon the execution of a binding agreement 
between the Secretary, the State, and the city that the lands 
identified in this subsection shall be perpetually managed in 
accordance with section 105, the Secretary shall include such 
lands, totaling approximately 1,994 acres, within the monument 
boundary. The lands referred to in this subsection are:
          [(1)](A) the approximately 1,779 acres generally 
        known as the Piedras Macadam Unit, as depicted on the 
        map referred to in section 102(a); and
          [(2)](B) the approximately 215 acres generally known 
        as the Boca Negro Unit, as depicted on the map referred 
        to in section 102(a).
    (2)(A) Nothwithstanding 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 
        Macadam 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.

           *       *       *       *       *       *       *


SEC. 105. ADMINISTRATION AND MANAGEMENT OF THE MONUMENT

           *       *       *       *       *       *       *


    (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 Negro or Piedras Macadam 
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.

           *       *       *       *       *       *       *


                             
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