[105th Congress Public Law 376]
[From the U.S. Government Printing Office]
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[DOCID: f:publ376.105]
[[Page 3387]]
BANDELIER NATIONAL MONUMENT ADMINISTRATIVE IMPROVEMENT AND WATERSHED
PROTECTION ACT OF 1998
[[Page 112 STAT. 3388]]
Public Law 105-376
105th Congress
An Act
To modify the boundaries <<NOTE: Nov. 12, 1998 - [S. 1132]>> 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Bandelier
National Monument Administrative Improvement and Watershed Protection
Act of 1998. New Mexico. 16 USC 431 note [table].>>
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).
(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
[[Page 112 STAT. 3389]]
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 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. 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.
[[Page 112 STAT. 3390]]
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.
Approved November 12, 1998.
LEGISLATIVE HISTORY--S. 1132:
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SENATE REPORTS: No. 105-178 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
July 17, considered and passed Senate.
Oct. 20, considered and passed House.
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