[Congressional Record Volume 149, Number 106 (Thursday, July 17, 2003)]
[Senate]
[Page S9612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           HIBBEN CENTER ACT

  The Senate proceeded to consider the bill (S. 643) to authorize the 
Secretary of the Interior, in cooperation with the University of New 
Mexico, to construct and occupy a portion of the Hibben Center for 
Archaeological Research at the University of New Mexico, and for other 
purposes, which had been reported from the Committee on Energy and 
Natural Resources with an amendment to strike all after the enacting 
clause and inserting in lieu of thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 643

       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 ``Hibben Center for 
     Archaeological Research Act of 2003''.

     [SEC. 2. FINDINGS.

       [Congress finds that--
       [(1) when the Chaco Culture National Historical Park was 
     established in 1907 as the Chaco Canyon National Monument, 
     the University of New Mexico owned a significant portion of 
     the land located within the boundaries of the Park;
       [(2) during the period from the 1920's to 1947, the 
     University of New Mexico conducted archaeological research in 
     the Chaco Culture National Historical Park;
       [(3) in 1949, the University of New Mexico--
       [(A) conveyed to the United States all right, title, and 
     interest of the University in and to the land in the Park; 
     and
       [(B) entered into a memorandum of agreement with the 
     National Park Service establishing a research partnership 
     with the Park;
       [(4) since 1971, the Chaco Culture National Historical 
     Park, through memoranda of understanding and cooperative 
     agreements with the University of New Mexico, has maintained 
     a research museum collection and archive at the University;
       [(5) both the Park and the University have large, 
     significant archaeological research collections stored at the 
     University in multiple, inadequate, inaccessible, and cramped 
     repositories; and
       [(6) insufficient storage at the University makes research 
     on and management, preservation, and conservation of the 
     archaeological research collections difficult.

     [SEC. 3. DEFINITIONS.

       [In this Act:
       [(1) Hibben center.--The term ``Hibben Center'' means the 
     Hibben Center for Archaeological Research to be constructed 
     at the University under section 4(a).
       [(2) Park.--The term ``Park'' means the Chaco Culture 
     National Historical Park in the State of New Mexico.
       [(3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(4) Tenant improvement.--The term ``tenant improvement'' 
     includes--
       [(A) finishing the interior portion of the Hibben Center 
     leased by the National Park Service under section 4(c)(1); 
     and
       [(B) installing in that portion of the Hibben Center--
       [(i) permanent fixtures; and
       [(ii) portable storage units and other removable objects.
       [(5) University.--The term ``University'' means the 
     University of New Mexico.

     [SEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH.

       [(a) Establishment.--The Secretary may, in cooperation with 
     the University, construct and occupy a portion of the Hibben 
     Center for Archaeological Research at the University.
       [(b) Grants.--
       [(1) In general.--The Secretary may provide to the 
     University a grant to pay the Federal share of the 
     construction and related costs for the Hibben Center under 
     paragraph (2).
       [(2) Federal share.--The Federal share of the construction 
     and related costs for the Hibben Center shall be 37 percent.
       [(3) Limitation.--Amounts provided under paragraph (1) 
     shall not be used to pay any costs to design, construct, and 
     furnish the tenant improvements under subsection (c)(2).
       [(c) Lease.--
       [(1) In general.--Before funds made available under section 
     5 may be expended for construction costs under subsection 
     (b)(1) or for the costs for tenant improvements under 
     paragraph (2), the University shall offer to enter into a 
     long-term lease with the United States that--
       [(A) provides to the National Park Service space in the 
     Hibben Center for storage, research, and offices; and
       [(B) is acceptable to the Secretary.
       [(2) Tenant improvements.--The Secretary may design, 
     construct, and furnish tenant improvements for, and pay any 
     moving costs relating to, the portion of the Hibben Center 
     leased to the National Park Service under paragraph (1).
       [(d) Cooperative Agreements.--To encourage collaborative 
     management of the Chacoan archaeological objects associated 
     with northwestern New Mexico, the Secretary may enter into 
     cooperative agreements with the University, other units of 
     the National Park System, other Federal agencies, and Indian 
     tribes for--
       [(1) the curation of and conduct of research on artifacts 
     in the museum collection described in section 2(4); and
       [(2) the development, use, management, and operation of the 
     portion of the Hibben Center leased to the National Park 
     Service under subsection (c)(1).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       [(a) In General.--There are authorized to be appropriated--
       [(1) to pay the Federal share of the construction costs 
     under section 4(b), $1,574,000; and
       [(2) to pay the costs of carrying out section 4(c)(2), 
     $2,198,000.
       [(b) Availability.--Amounts made available under subsection 
     (a) shall remain available until expended.
       [(c) Reversion.--If the lease described in section 4(c)(1) 
     is not executed by the date that is 2 years after the date of 
     enactment of this Act, any amounts made available under 
     subsection (a) shall revert to the Treasury of the United 
     States.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hibben Center Act''.

     SEC. 2. LEASE AGREEMENT.

       (a) Authorization.--The Secretary of the Interior may enter 
     into an agreement with the University of New Mexico to lease 
     space in the Hibben Center for Archaeological Research at the 
     University of New Mexico for research on, and curation of, 
     the archaeological research collections of the National Park 
     Service relating to the Chaco Culture National Historical 
     Park and Aztec Ruins National Monument.
       (b) Term; Rent.--The lease shall provide for a term not 
     exceeding 40 years and a nominal annual lease payment.
       (c) Operating Expenses.--The lease may require the 
     Secretary to contribute a pro rata share of the Hibben 
     Center's annual operating expenses, in addition to any 
     nominal annual rent.
       (d) Improvements.--The lease shall permit the Secretary to 
     make improvements and install furnishings and fixtures 
     related to the use and curation of the collections.

     SEC. 3. GRANT.

       Upon execution of the lease, the Secretary may contribute 
     to the University of New Mexico up to 37 percent of the cost 
     of construction of the Hibben Center, not to exceed 
     $1,750,000.

     SEC. 4. COOPERATIVE AGREEMENT.

       The Secretary may enter into cooperative agreements with 
     the University of New Mexico, Federal agencies, and Indian 
     tribes for the curation of and conduct of research on 
     artifacts, and to encourage collaborative management of the 
     Chacoan archaeological artifacts associated with northwestern 
     New Mexico.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary for the purposes of this Act.

  The committee amendment, in the nature of a substitute, was agreed 
to.
  The bill (S. 643), as amended, was read the third time and passed.

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