[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5238 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5238

 To provide for the protection of archeological sites in the Galisteo 
              Basin in New Mexico, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2002

   Mr. Udall of New Mexico introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the protection of archeological sites in the Galisteo 
              Basin in New Mexico, 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 ``Galisteo Basin Archeological 
Protection Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Galisteo Basin and surrounding area of New Mexico 
        is the location of many well preserved prehistoric and historic 
        archeological resources of Native American and Spanish colonial 
        cultures.
            (2) These resources include the largest ruins of Pueblo 
        Indian settlements in the United States, spectacular examples 
        of Native American rock art, and ruins of Spanish colonial 
        settlements.
            (3) These resources are being threatened by natural causes, 
        urban development, vandalism, and uncontrolled excavations.
    (b) Purpose.--The purpose of this Act is to provide for the 
preservation, protection, and interpretation of the nationally 
significant archeological resources in the Galisteo Basin in New 
Mexico.

SEC. 3. ESTABLISHMENT OF GALISTEO BASIN ARCHEOLOGICAL PROTECTION SITES.

    (a) In General.--The following archeological sites located in the 
Galisteon Basin in the State of New Mexico, totaling approximately 
4,591 acres, are hereby designated as Galisteo Basin Archeological 
Protection Sites:

  
    Name-                                                     Acres    
        Arroyo Hondo Pueblo.......................               21    
        Burnt Corn Pueblo.........................              110    
        Chamisa Locita Pueblo.....................               16    
        Comanche Gap Petroglyphs..................              764    
        Espinoso Ridge Site.......................              160    
        La Cienega Pueblo & Petroglyphs...........              126    
        La Cienega Pithouse Village...............              179    
        La Cieneguilla Petroglyphs/Camino Real                  531    
        Site.
        La Cieneguilla Pueblo.....................               11    
        Lamy Pueblo...............................               30    
        Lamy Junction Site........................               80    
        Las Huertas...............................               44    
        Pa ako Pueblo.............................               29    
        Petroglyph Hill...........................              130    
        Pueblo Blanco.............................              878    
        Pueblo Colorado...........................              120    
        Pueblo Galisteo/Las Madres................              133    
        Pueblo Largo..............................               60    
        Pueblo She................................              120    
        Rote Chert Quarry.........................                5    
        San Cristobal Pueblo......................              520    
        San Lazaro Pueblo.........................              360    
        San Marcos Pueblo.........................              152    
        Upper Arroyo Hondo Pueblo.................               12    
                                                           <RULE>______
                                                           
              Total Acreage.......................            4,591    
    (b) Availability of Maps.--The archeological protection sites 
listed in subsection (b) are generally depicted on a series of 19 maps 
entitled ``Galisteo Basin Archeological Protection Sites'' and dated 
July, 2002. The Secretary of the Interior (in this Act referred to as 
the ``Secretary'') shall keep the maps on file and available for public 
inspection in appropriate offices in New Mexico of the Bureau of Land 
Management and the National Park Service.
    (c) Boundary Adjustments.--The Secretary may make minor boundary 
adjustments to the archeological protection sites by publishing notice 
thereof in the Federal Register.

SEC. 4. ADDITIONAL SITES.

    (a) In General.--The Secretary shall--
            (1) continue to search for additional Native American and 
        Spanish colonial sites in the Galisteo Basin area of New 
        Mexico; and
            (2) submit to Congress, not later than 3 years after the 
        date that funds become available for this purpose and 
        thereafter as needed, recommendations for additions to, 
        deletions from, and modifications of the boundaries of the list 
        of archeological protection sites in section 3.
    (b) Additions Only by Statute.--Except as provided by section 3(d), 
additions to or deletions from the list in section 3 shall be made only 
by an Act of Congress.

SEC. 5. ADMINISTRATION.

    (a) In General.--
            (1) Federal lands.--The Secretary shall administer 
        archeological protection sites located on Federal land in 
        accordance with the provisions of this Act, the Archeological 
        Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the 
        Native American Graves Protection and Repatriation Act (25 
        U.S.C. 3001 et seq.), and other applicable laws in a manner 
        that will protect, preserve, and maintain the archeological 
        resources and provide for research thereon.
            (2) Non-federal lands.--The Secretary shall have no 
        authority to administer archeological protection sites which 
        are on non-Federal lands except to the extent provided for in a 
        cooperative agreement entered into between the Secretary and 
        the landowner.
            (3) Clarification related to private lands.--Nothing in 
        this Act shall be construed to extend the authorities of the 
        Archeological Resources Protection Act of 1979 or the Native 
        American Graves Protection and Repatriation Act to private 
        lands which are designated as an archeological protection site.
    (b) Management Plan.--
            (1) In general.--Not later than 3 complete fiscal years 
        after the date that funds are made available for this purpose, 
        the Secretary shall prepare and transmit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives, a general management 
        plan for the identification, research, protection, and public 
        interpretation of--
                    (A) the archeological protection sites located on 
                Federal land; and
                    (B) sites on State or private lands for which the 
                Secretary has entered into cooperative agreements 
                pursuant to section 6.
            (2) Consultation.--The general management plan shall be 
        developed by the Secretary in consultation with the Governor of 
        New Mexico, the New Mexico State Land Commissioner, affected 
        Native American pueblos, and other interested parties.

SEC. 6. COOPERATIVE AGREEMENTS.

    The Secretary is authorized to enter into cooperative agreements 
with owners of non-Federal lands with regard to an archeological 
protection site, or portion thereof, located on their property. The 
purpose of such an agreement shall be to enable to the Secretary to 
assist with the protection, preservation, maintenance, and 
administration of the archeological resources and associated lands. 
Where appropriate, a cooperative agreement may also provide for public 
interpretation of the site.

SEC. 7. ACQUISITIONS.

    (a) In General.--The Secretary is authorized to acquire, from 
willing sellers only, lands and interests therein within the boundaries 
of the archeological protection sites, including access thereto, by 
donation, by purchase with donated or appropriated funds, or by 
exchange.
    (b) State Lands.--The Secretary may acquire lands or interests 
therein owned by the State of New Mexico or a political subdivision 
thereof only by donation or exchange, except that State trust lands may 
only be acquired by exchange.

SEC. 8. WITHDRAWAL.

    Subject to valid existing rights, all Federal lands within the 
archeological protection sites are hereby withdrawn--
            (1) from all forms of entry, appropriation, or disposal 
        under the public land laws and all amendments thereto;
            (2) from location, entry, and patent under the mining law 
        and all amendments thereto; and
            (3) from disposition under all laws relating to mineral and 
        geothermal leasing, and all amendments thereto.

SEC. 9. SAVINGS PROVISIONS.

    Nothing in this Act shall be construed--
            (1) to authorize the regulation of privately owned lands 
        within an area designated as an archeological protection site;
            (2) to modify, enlarge, or diminish any authority of 
        Federal, State, or local governments to regulate any use of 
        privately owned lands;
            (3) to modify, enlarge, or diminish any authority of 
        Federal, State, tribal, or local governments to manage or 
        regulate any use of land as provided for by law or regulation; 
        or
            (4) to restrict or limit a tribe from protecting cultural 
        or religious sites on tribal lands.
                                 <all>