[Congressional Record Volume 149, Number 34 (Tuesday, March 4, 2003)]
[Senate]
[Pages S3104-S3105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            PROTECTION OF ARCHAEOLOGICAL SITES IN NEW MEXICO

  The bill (S. 210) to provide for the protection of archaeological 
sites in the Galisteo Basin in New Mexico, and for other purposes, was 
considered, ordered to a third reading, read the third time, and 
passed, as follows:

                                 S. 210

       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''.

[[Page S3105]]

     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.--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.

     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 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 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.

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