[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1404 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1404

To provide for the withdrawal and protection of certain Federal land in 
            the State of New Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2023

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

_______________________________________________________________________

                                 A BILL


 
To provide for the withdrawal and protection of certain Federal land in 
            the State of 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 ``Chaco Cultural Heritage Area 
Protection Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there are archeological, sacred, and historic resources 
        located throughout the Greater Chaco region, which spans the 
        States of New Mexico, Arizona, Utah, and Colorado;
            (2) the Chaco Culture National Historical Park, a unit of 
        the National Park System and a United Nations Educational, 
        Scientific and Cultural Organization World Heritage Site, is 
        known around the world--
                    (A) for multi-story buildings constructed by the 
                Chacoan people that are still standing; and
                    (B) as the nerve center of a culture that spread 
                throughout and dominated the Four Corners area during 
                the 9th, 10th, and 11th centuries;
            (3) the Chacoan people built hundreds of miles of roads and 
        a network of villages, shrines, and communications sites, many 
        of which are still visible;
            (4) many Pueblos and Indian Tribes in the Four Corners area 
        claim cultural affiliation with, and are descended from, the 
        Chacoan people;
            (5) the landscape around the Chaco Culture National 
        Historical Park includes hundreds of internationally and 
        nationally significant cultural resources, including 
        prehistoric roads, communities, and shrines--
                    (A) many of which are related to the resources 
                found in the Chaco Culture National Historical Park, 
                including the resources recognized by the amendment 
                made by section 3 of the Chacoan Outliers Protection 
                Act of 1995 (16 U.S.C. 410ii note; Public Law 104-11) 
                providing for additional Chaco Culture Archeological 
                Protection Sites;
                    (B) a significant number of which are concentrated 
                within the immediate area surrounding the Chaco Culture 
                National Historical Park; and
                    (C) that are commonly recognized by archeologists;
            (6) long considered one of the best places for stargazing 
        in the world, Chaco Culture National Historical Park--
                    (A) in 1991, established a night skies protection 
                initiative and interpretive program to protect the 
                night sky in the area of the Chaco Culture National 
                Historical Park; and
                    (B) in 2013, was certified as an International Dark 
                Sky Park;
            (7) the Greater Chaco region extends beyond Chaco Culture 
        National Historical Park and encompasses--
                    (A) local communities, including the Pueblo Indian 
                Tribes, Navajo Nation, Hopi Tribe, and other Indian 
                Tribes; and
                    (B) public and private land, which includes 
                additional cultural resources and sacred sites;
            (8) for over 110 years, the Federal Government has 
        recognized the importance of the area in which the Chacoan 
        people lived and has acted to protect historic and sacred sites 
        in the area, including--
                    (A) Chaco Canyon, which was designated as a 
                National Monument in 1907 and as the Chaco Culture 
                National Historical Park in 1980;
                    (B) the Aztec Ruins, which was designated as a 
                National Monument in 1923 and expanded in each of 1928, 
                1930, 1948, and 1988; and
                    (C) the 39 Chaco Culture Archeological Protection 
                Sites designated in 1995;
            (9) recognizes that the standard for Tribal consultation is 
        outlined in Executive Order No. 13175 (25 U.S.C. 5301 note; 
        relating to consultation and coordination with Indian Tribal 
        governments);
            (10) extensive natural gas development has occurred in the 
        Greater Chaco region that affect the health, safety, economies, 
        and quality of life of local communities;
            (11) renewed interest in oil exploration and production 
        within the Mancos/Gallup Shale play has increased the potential 
        for--
                    (A) significant impacts on cultural and other 
                resources, the holistic experience of the sacred 
                landscape, and visitor experiences at the Chaco Culture 
                National Historical Park; and
                    (B) additional impacts on local communities in the 
                Greater Chaco region, including the Pueblo Indian 
                Tribes, Navajo Nation, Hopi Tribe, and other Indian 
                Tribes;
            (12) a mineral withdrawal in the landscape around the Chaco 
        Culture National Historical Park would prevent leasing and 
        development on Federal land and of Federal minerals in the 
        immediate area surrounding the Chaco Culture National 
        Historical Park, which would protect resources and visitor 
        experiences at the Chaco Culture National Historical Park;
            (13) additional studies and protective measures should be 
        undertaken to address health, safety, and environmental impacts 
        on communities and interests of the Pueblo Indian Tribes, 
        Navajo Nation, Hopi Tribe, and other Indian Tribes in the 
        Greater Chaco region; and
            (14) the Greater Chaco region continues to be used for 
        ceremonial and cultural purposes by the Pueblo Indian Tribes, 
        Navajo Nation, Hopi Tribe, and other Indian Tribes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered lease.--The term ``covered lease'' means any 
        oil and gas lease for Federal land--
                    (A) on which drilling operations have not been 
                commenced before the end of the primary term of the 
                applicable lease;
                    (B) that is not producing oil or gas in paying 
                quantities; and
                    (C) that is not subject to a valid cooperative or 
                unit plan of development or operation certified by the 
                Secretary to be necessary.
            (2) Federal land.--
                    (A) In general.--The term ``Federal land'' means--
                            (i) any Federal land or interest in Federal 
                        land that is within the boundaries of the Chaco 
                        Cultural Heritage Withdrawal Area, as depicted 
                        on the Withdrawal Map; and
                            (ii) any land or interest in land located 
                        within the boundaries of the Chaco Cultural 
                        Heritage Withdrawal Area, as depicted on the 
                        Withdrawal Map, that is acquired by the Federal 
                        Government after the date of enactment of this 
                        Act.
                    (B) Exclusion.--The term ``Federal land'' does not 
                include trust land (as defined in section 3765 of title 
                38, United States Code).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Withdrawal map.--The term ``Withdrawal Map'' means the 
        map prepared by the Bureau of Land Management entitled 
        ``Proposed Withdrawal Chaco Culture National Historic Park 
        Surrounding Area'' and dated January 6, 2022, as referred to in 
        the notice of the Secretary entitled ``Notice of Proposed 
        Withdrawal and Public Meetings; San Juan County, NM'' (87 Fed. 
        Reg. 785 (January 6, 2022)).

SEC. 4. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF NEW MEXICO.

    (a) In General.--Subject to any valid existing rights, the Federal 
land is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (b) Availability of Withdrawal Map.--The Withdrawal Map shall be 
made available for inspection at each appropriate office of the Bureau 
of Land Management.
    (c) Conveyance of Federal Land to Indian Tribes.--Notwithstanding 
subsection (a), the Secretary may convey the Federal land to, or 
exchange the Federal land with, an Indian Tribe in accordance with a 
resource management plan that is approved as of the date of enactment 
of this Act, as subsequently developed, amended, or revised in 
accordance with the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) and any other applicable law.
    (d) Oil and Gas Lease Management.--
            (1) Termination of non-producing leases.--A covered lease--
                    (A) shall automatically terminate by operation of 
                law pursuant to section 17(e) of the Mineral Leasing 
                Act (30 U.S.C. 226(e)) and subpart 3108 of title 43, 
                Code of Federal Regulations (or successor regulations); 
                and
                    (B) may not be extended by the Secretary.
            (2) Withdrawal of terminated, relinquished, or acquired 
        leases.--Any portion of the Federal land subject to a covered 
        lease terminated under paragraph (1) or otherwise or 
        relinquished or acquired by the United States on or after the 
        date of enactment of this Act is withdrawn from--
                    (A) all forms of entry, appropriation, and disposal 
                under the public land laws;
                    (B) location, entry, and patent under mining laws; 
                and
                    (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
    (e) Effect.--Nothing in this section--
            (1) affects the mineral rights of an Indian Tribe or a 
        member of the Navajo Nation or any other Indian Tribe to trust 
        land or allotment land; or
            (2) precludes improvements to, or rights-of-way for water, 
        power, utility, or road development on, the Federal land to 
        assist communities adjacent to or in the vicinity of the 
        Federal land.
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