[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 506 Enrolled Bill (ENR)]

        H.R.506

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
 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. GALISTEO BASIN ARCHAEOLOGICAL PROTECTION SITES.

    (a) In General.--Except as provided in subsection (d), 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

      -----------------------------------------------------------------
          Total Acreage.......................................


                                                                   4,591

    (b) Availability of Maps.--The archaeological protection sites 
listed in subsection (a) are generally depicted on a series of 19 maps 
entitled ``Galisteo Basin Archaeological Protection Sites'' and dated 
July, 2002. The Secretary of the Interior (hereinafter 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 archaeological protection sites by publishing notice 
thereof in the Federal Register.
    (d) Withdrawal of Private Property.--Upon the written request of an 
owner of private property included within the boundary of an 
archaeological site protected under this Act, the Secretary shall 
immediately remove that private property from within that boundary.

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, within 3 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 3 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 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.