[Congressional Record Volume 148, Number 101 (Tuesday, July 23, 2002)]
[Senate]
[Pages S7230-S7231]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 2776. A bill to provide for the protection of archaeological sites 
in the Galisteo Basin in New Mexico, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I am pleased today to introduce 
legislation to protect several important archaeological sites in the 
Galisteo Basin in New Mexico. This bill identifies approximately two 
dozen sites in northern New Mexico which contain the ruins of pueblos 
dating back almost 900 years. When Coronado and other Spanish 
conquistadores first entered what is now New Mexico in 1541, they 
encountered a thriving Pueblo culture with its own unique tradition of 
religion, architecture and art, which was influenced through an 
extensive trade system. We know that these sites remain occupied up 
through the Pueblo revolt in 1680. After that, the sites were deserted, 
although we still don't know why they were abandoned, after over 700 
years of continuous use.
  Through these sites, we now have the opportunity to learn more not 
only about the history and culture of these Pueblos, but also about the 
first interaction between European and Native American cultures. The 
Cochiti Pueblo, in particular, is culturally and historically tied to 
these sites, which have tremendous historical and religious 
significance to the Pueblo. I am grateful for the continued support of 
the Pueblo de Cochiti for this legislation. This bill has strong local 
support, including the Santa Fe Board of County Commissioners, the City 
of Santa Fe, and the Archdiocese of Santa Fe. I would also like to 
thank the Archaeological Conservancy for its efforts over the past 
several years to identify and protect many of these sites, and in 
helping with this legislation.
  Many of these archaeological sites are on Federal land administered 
by the Bureau of Land Management. BLM archaeologists have already 
provided extensive background research on many of these sites, and I 
was pleased that the agency supported a similar bill I introduced in 
the previous Congress.
  Many of the archaeological sites identified in the bill are on non-
Federal land. I would like to emphasize that the bill only authorizes 
voluntary participation, and there is no restriction or other 
limitation imposed on these lands. Because this is a sensitive issue, I 
have added language to this year's bill to explicitly state that the 
Secretary of the Interior has no authority to administer sites on non-
Federal lands except to the extent provided for in a cooperative 
agreement entered into between the Secretary and the landowner. 
Similarly, the Secretary's authority to acquire lands is limited to 
willing sellers only.
  In the three years since I first introduced this proposal, many 
irreplaceable archaeological resources have been lost, whether by 
vandalism, erosion, or other means. Enactment of the Galisteo Basin 
Archaeological Sites Protection Act will allow us to take the first 
steps necessary to protect these resources and to allow for improved 
public understanding and interpretation of these sites.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2776

       Be it enacted in the Senate and the House of 
     Representatives in the United States of America in Congress 
     assembled,

     SECTION 1. SHORT TITLE.

       Tis 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:
Acres
21royo Hondo Pueblo....................................................
110nt Corn Pueblo......................................................
16amisa Locita Pueblo..................................................
764anche Gap Petroglyphs...............................................
160inoso Ridge Site....................................................
126Cienega Pueblo & Petroglyphs........................................
179Cienega Pithouse Village............................................
531Cieneguilla Petroglyphs/Camino Real Site............................
11 Cieneguilla Pueblo..................................................
30my Pueblo............................................................
80my Junction Site.....................................................
44s Huertas............................................................
29'ako Pueblo..........................................................
130roglyph Hill........................................................
878blo Blanco..........................................................
120blo Colorado........................................................
133blo Galisteo/Las Madres.............................................
60eblo Largo...........................................................
120blo She.............................................................
5ote Chert Quarry......................................................
520 Cristobal Pueblo...................................................
360 Lazaro Pueblo......................................................
152 Marcos Pueblo......................................................
12per Arroyo Hondo Pueblo..............................................

4,591otal Acreage......................................................
       (c) 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.

[[Page S7231]]

       (d) 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 to 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 within 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; or
       (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.
       (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.

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