[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2776 Reported in Senate (RS)]






                                                       Calendar No. 660
107th CONGRESS
  2d Session
                                S. 2776

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2002

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            October 8, 2002

              Reported by Mr. Bingaman, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for the protection of archaeological 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 Archaeological Sites 
Protection Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the Galisteo Basin and surrounding area of New Mexico 
        is the location of many well preserved prehistoric and historic 
        archaeological 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; and
            (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 archaeological resources in the Galisteo Basin in New 
Mexico.

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

    (a) In General.--The following archaeological sites located in the 
Galisteo Basin in the State of New Mexico, totaling approximately 4,591 
acres, are hereby designated as Galisteo Basin Archaeological 
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 Site............     531
        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 archaeological protection sites 
listed in subsection (b) are generally depicted on a series of 19 maps 
entitled ``Galisteo Basin Archaeological Protection Sites'' and dated 
July, 2002. 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 archaeological protection sites by publishing notice 
thereof in the Federal Register.

SEC. 4. ADDITIONAL SITES.

    (a) In General.--The Secretary of the Interior (in this Act 
referred to as ``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, within three years after the date 
        funds become available and thereafter as needed, 
        recommendations for additions to, deletions from, and 
        modifications of the boundaries of the list of archaeological 
        protection sites in section 3 of this Act.
    (b) Additions Only by Statute.--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) The Secretary shall administer archaeological 
        protection sites located on Federal land in accordance with the 
        provisions of this Act, the Archaeological 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 archaeological resources and provide 
        for research thereon.
            (2) The Secretary shall have no authority to administer 
        archaeological 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) Nothing in this Act shall be construed to extend the 
        authorities of the Archaeological Resources Protection Act of 
        1979 or the Native American Graves Protection and Repatriation 
        Act to private lands which are designated as an archaeological 
        protection site.
    (b) Management Plan.--
            (1) In general.--Within three complete fiscal years after 
        the date funds are made available, the Secretary shall prepare 
        and transmit to the Committee on Energy and Natural Resources 
        of the United States Senate and the Committee on Natural 
        Resources of the United States House of Representatives, a 
        general management plan for the identification, research, 
        protection, and public interpretation of--
                    (A) the archaeological protection sites located on 
                Federal land; and
                    (B) for sites on State or private lands for which 
                the Secretary has entered into cooperative agreements 
                pursuant to section 6 of this Act.
            (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 archaeological 
protection site, or portion thereof, located on their property. The 
purpose of such an agreement shall be to enable the Secretary to assist 
with the protection, preservation, maintenance, and administration of 
the archaeological 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 lands and 
interests therein within the boundaries of the archaeological 
protection sites, including access thereto, by donation, by purchase 
with donated or appropriated funds, or by exchange.
    (b) Consent of Owner Required.--The Secretary may only acquire 
lands or interests therein <DELETED>within </DELETED>with the consent 
of the owner thereof.
    (c) 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 
archaeological 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 archaeological 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.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.




                                                       Calendar No. 660

107th CONGRESS

  2d Session

                                S. 2776

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 8, 2002

                       Reported with an amendment