Home > 105th Congressional Bills > S. 1132 (es) To modify the boundaries of the Bandelier National Monument to include ...S. 1132 (es) To modify the boundaries of the Bandelier National Monument to include ...
S.1132
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
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.
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).
(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 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.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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