[Senate Report 105-178]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 350
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-178
_______________________________________________________________________


 
 BANDELIER NATIONAL MONUMENT ADMINISTRATIVE IMPROVEMENT AND WATERSHED 
                        PROTECTION ACT OF 1997


                 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. 1132]

    The Committee on Energy and Natural Resources, to which was 
referred the 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, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.
    The amendments are as follows:

    1. On page 4, strike line 3 in its entirety and insert in lieu 
thereof: ``(b) Purpose.--The purpose of this Act is to''.
    2. On page 4, line 13 strike the word ``map''.
    3. On page 4, lines 14 and 15, strike the words\1\ ``Alamo 
Headwaters Proposed Additions'' dated 6/97.\1\ and insert lieu 
thereof,\1\ ``Proposed Boundary Expansion Map Bandelier National 
Monument'' dated July, 1997.\1\.
    4. On page 4, lines 18 through 25, strike section 4 in its entirety 
and insert the following:

``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.''.

    5. On page 5, line 7, strike ``August 25, an Act'' and insert in 
lieu thereof, ``August 25, 1916, an Act''.

                         purpose of the measure

    The purpose of S. 1132 is to modify the boundary of 
Bandelier National Monument in New Mexico to add approximately 
935 acres of land within the monument's upper watershed.

                          background and need

    Bandelier National Monument (Bandelier) was established by 
Presidential proclamation on February 11, 1916. Bandelier was 
managed by the U.S. Forest Service from 1916 until February, 
1932, when the National Park Service assumed management. The 
1916 establishing proclamation stated: Whereas, certain 
prehistoric aboriginal ruins . . . are of unusual ethnologic, 
scientific, and educational interest, and it appears that the 
public interests would be promoted by reserving these relics of 
a vanished people, with as much land as may be necessary for 
the proper protection thereof . . .'' Bandelier originally 
encompassed 22,352 acres, but has been modified four times over 
the years to include a current total acreage of 32,737 acres.
    Native Americans are believed to have lived in the 
Bandelier region for the past 10,000 years. Bandelier, in its 
current configuration, contains an estimated 4,500 
archaeological sites. Some of these sites are relatively 
simple, such as ceramic ``scatters'', ancient trails and rock 
art panels. Some are quite complex, including prehistoric 
villages up to 300 rooms.
    Bandelier is considered to have a higher density of Anasazi 
sites than mesa Verde or Chaco Culture National Historic Park. 
Anasazi are the mysteriously vanished people whom 
archaeologists believe came together in the time period between 
1100 and 1600 A.D. to form large communal villages based on an 
agricultural way of life. Many of the important artifacts of 
this area lie on the ground surface, making them susceptible to 
looting, loss through development and potential scattering by 
flooding and erosion. These artifacts are considered important 
by scientists for piecing together the story of how these 
ancient people lived and traded. For example, obsidian quarries 
and tool-making sites from this area produced tools that have 
been found as far away as Oklahoma. For these reasons, 
proponents of this legislation believe incorporating lands 
upstream from certain drainages within Bandelier would have a 
stabilizing and protective effect on cultural resources within 
Bandelier National Monument.
    In 1984, a private firm sold a 112 acre portion of the 
``Baca Ranch'' in the headwaters of the Alamo Canyon, upstream 
and adjacent to the Upper Frijoles section of the Bandelier. 
This 112 acres segment became known as Elk Meadows. The owners 
of Elk Meadows built a home and eventually sold a 10 acre and 
12 acre parcel to other buyers.
    In March of 1997, the Sandoval County Planning Commission 
gave final plat approval to split the remaining area of Elk 
Meadows into an additional eight lots of about 11 acres each. 
During the review period, testimony was received in opposition 
of the approval for subdivision by the local Pueblos, the 
NPS,environmentalists and other parties. The private owner of 
Elk Meadows offered to delay subdividing the remainder of his 
land for three months, providing an opportunity for the 
government to acquire the parcel from him. When the three month 
time period expired, the owner began to market the lots in June 
1978.
    By the end of July 1997, a national non-profit land 
conservation organization, the Trust for Public Land, announced 
that it had reached an agreement with the owner of Elk Meadows 
to purchase the land, provided Congress appropriates money for 
the acquisition by December 1997. Such an appropriation would 
come from the Land and Water Conservation Fund to facilitate 
public purchase of the land.
    S. 1132 modifies the monument's boundary to include 
approximately 935 acres in the Alamo Headwaters would provide 
the NPS the ability to manage so as to protect downstream 
cultural resources from potential flooding and erosion. Not 
acquiring the upstream lands would, by contrast, leave 
resources within Bandelier at risk. The acquisition would also 
allow the area to be co-managed with other nearby agencies for 
a more natural fire regime which would, in turn, provide more 
sustainable habitat for wildlife the NPS is charged with 
protecting. At least four species of wildlife in the area are 
listed as endangered.

                          legislative history

    S. 1132 was introduced by Senator Bingaman on July 31, 
1997. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 1132 on 
October 23, 1997.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on March 10, 1998, by a unanimous voice vote 
of a quorum present, recommends that the Senate pass S. 1132, 
if amended as described herein.

                           comittee amendment

    During the consideration of S. 1132, the Committee adopted 
five amendments. Four of the amendments make technical and 
clarifying changes to the bill as introduced. The fifth 
amendment also makes clarifying changes and adds language 
requiring the National Park Service to acquire the lands added 
to the monument only on a willing seller basis. The amendment 
also makes clear that public lands owned by the State may only 
be acquired by donation, or exchange.

                      section by section analysis

    Section 1 designates the short title of the Act as the 
``Bandelier National Monument Administrative Improvement and 
Watershed Protection Act of 1997''.
    Section 2(a) presents Congressional findings and purposes 
as follows:
    Paragraph (1) states that Bandelier was established to 
preserve and protect the archaeological resources of a vanished 
people with as much land as may be necessary for resource 
protection;
    Paragraph (2) notes that at various times, additional lands 
have been added to the Monument and that in 1976, Congress 
created the 23,267-acre Bandelier Wilderness;
    Paragraph (3) states that the Monument has potential 
threats from flooding, erosion and water quality deterioration 
because of the mixed ownership of the upper watersheds, along 
the western Monument boundary, particularly in Alamo Canyon.
    Section 2(b) states the purposes of the Act are to allow 
for acquisition and enhanced protection of the lands within the 
Monument's upper watershed by modifying the boundary of the 
Monument.
    Section 3 directs that the boundaries of the Monument be 
modified to include an additional 935 acres of land within the 
upper Alamo watershed as depicted on a National Park service 
map entitled, ``Alamo Headwaters Additions'', dated 6/97.
    Section 4 authorizes the Secretary to acquire lands as he 
determines will adequately protect the Monument from flooding 
erosion and degradation by donation, transfer or purchase with 
appropriated or donated funds. No lands or interest in lands 
may be acquired without the consent of the owner. Lands or 
interest in lands owned by the State of New Mexico or a 
political subdivision may only be acquired by donation or 
exchange.
    Section 5 states that the Monument shall be managed by the 
Secretary through the Director of the National Park Service, 
including lands added through this Act, in accordance with the 
Act of August 25, 1916, establishing the National Park Service.
    Section 6 authorizes such sums as are necessary to carry 
out the purposes of this Act.

                   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, March 30, 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. 1132, the Bandelier 
National Monument Administrative Improvement and Watershed 
Protection Act of 1997.
    If you wish further detail on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

               congressional budget office cost estimate

S. 1132--Bandelier National Monument Administrative Improvement and 
        Watershed Protection Act of 1997

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 1132 would cost the federal 
government between $3 million and $6 million over the next two 
fiscal years. Enacting this legislation would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
of 1995 and would have no significant impact on the budgets of 
state, local, or tribal governments.
    S. 1132 would expand the boundaries of the Bandelier 
National Monument in New Mexico to include about 935 acres of 
adjacent lands. The bill would authorize the National Park 
Service (NPS) to acquire the additional acreage or interests 
therein by purchase, donation, transfer, or exchange. Section 6 
of the bill would authorize the appropriation of whatever 
amounts are necessary for this purpose.
    Depending on the outcome of formal property appraisals that 
would have to be conducted before purchasing the land, CBO 
estimates that the NPS would spend between $3 million and $6 
million over the next two years to acquire the 935 acres and to 
complete mapping, surveying, and fencing the new boundary for 
the monument. Expenses to develop and manage the additional 
land and make payments to local governments in lieu of taxes 
would be minimal. For purposes of this estimate, CBO assumes 
that S. 1132 would be enacted by the beginning of fiscal year 
1999 and the full amounts needed to purchase all of the 
additional acreage would be appropriated by fiscal year 2000. 
This estimate is based on information obtained from the NPS, 
the Trust for Public Lands, and local property owners.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Paul N. Van de Water, 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. 1132. 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. 1132, 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. 1132. These 
reports had not been received at the time the report on S. 1132 
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, Subcommittee on National Parks, Historic 
                      Preservation and Recreation

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you to address S. 1132, the 
``Bandelier National Monument Administrative Improvement and 
Watershed Protection Act of 1997.'' We strongly support this 
proposal and appreciate the interest of Senator Bingaman in 
protecting the monument's resources.
    We recommend two changes to the legislation. One change 
would correct an oversight in the implementation of the 1976 
boundary expansion of Bandelier National Monument (P.L. 94-578) 
by including 120 acres within the monument; the other change 
would expand the present proposal by adding an additional 1,600 
acres in order to use existing rights-of-way as boundaries.
    If enacted, S. 1132 would allow the National Park Service 
to modify the boundary of Bandelier National Monument by 
providing for the acquisition of lands in the upper watershed 
of the Alamo Headwaters by donation, purchase, exchange or 
transfer of other Federal lands. The proposed addition consists 
of four adjacent parcels totaling approximately 935 acres 
located in Sandoval County, New Mexico, west of the present 
park boundary. The landowners have indicated a willingness to 
sell.
    The lands in the proposed expansion are in the Jemez 
Mountains, the southernmost extension of one range of the Rocky 
Mountains. The Jemez Mountains are remnants of a large volcanic 
system that was formed about one-million years ago by two 
massive eruptions that blanketed the area with deposits of ash 
and pumice up to 1,000 feet thick. Melting snows and rains have 
carved deep, steep-sided canyons into the rock surfaces that 
now carry water into the Rio Grande. Five such drainages define 
the topography of Bandelier National Monument. Of these, the 
most steep and narrow is Alamo Canyon. A great gash in the 
plateau, much of Alamo Canyon drops 500 feet, between rims less 
than 1/4 mile apart. The area is marked by thick, mixed conifer 
forests, springs and meadows. The land identified in S. 1132 is 
entirely within the upper watershed of the Alamo Canyon area. 
It is contiguous with the monument's northwest boundary and 
forms a natural ecosystem-based watershed boundary. It is the 
water source of Alamo Canyon, one of three principal canyons of 
Bandelier National Monument and an area of special sensitivity 
for threatened and endangeredspecies, including the American 
Peregrine Falcon and bald eagle. Migratory birds use this area as a 
major north-south flyway. The area is home to a diverse population of 
mammals, including elk, mule deer, black bear, bobcat, fox and mountain 
lion.
    Bandelier National Monument was established by Presidential 
Proclamation in 1916. The original 22,300 acres of the monument 
were set aside within the Santa Fe National Forest in order to 
protect unusually rich archeological resources. The Forest 
Service continued to supervise the monument until 1932, when 
responsibility for the area was transferred to the National 
Park Service. There have been legislative boundary adjustments 
in 1932, 1961, 1976 and 1977--all of which were intended to 
improve the protection and management of the monument's 
cultural and natural resources. The monument now encompasses 
approximately 33,000 acres, nearly two-thirds designated as 
wilderness. As a result of these changes, the purpose of the 
park has expanded. In addition to protecting archaeological 
resources of the ancestral Pueblo culture (1200-1500 A.D.), the 
monument protects the natural setting in which these ancestral 
cultures flourished. In addition, Bandelier's historic district 
contains the largest concentration of Civilian Conservation 
Corps-built structures and furnishings in the National Park 
System. The monument includes significant geologic features of 
the world-famous Jemez volcanic field. This small area supports 
many vegetation types and associated fauna due to its range of 
elevation and contains vital habitat for numerous threatened, 
endangered and sensitive species.
    The western boundary of Bandelier National Monument cuts 
across several watersheds, leaving the monument extremely 
vulnerable to upstream activities, such as subdivision and 
development. In the upper Alamo Headwaters, the development of 
a subdivision has already been approved. We believe that 
development in the headwaters area would endanger this 
sensitive watershed, resulting effectively and fully manage 
resources to the highest standards of the National Park 
Service.
    That completes my remarks. 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, the Committee notes that no 
changes in existing law are made by S. 1132, as ordered 
reported.

                                
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