[Congressional Record Volume 149, Number 158 (Tuesday, November 4, 2003)]
[House]
[Pages H10309-H10311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION ACT

  Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 506) to provide for the protection of archaeological sites in the 
Galisteo Basin in New Mexico, and for other purposes, as amended.
  The Clerk read as follows:

                                H.R. 506

       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

[[Page H10310]]

       (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 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 
     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Renzi) and the gentleman from New Mexico (Mr. Udall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Renzi).


                             General Leave

  Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to commend the gentleman from New Mexico (Mr. 
Udall) for introducing H.R. 506, as amended, by the committee, which 
would establish 24 archaeological-protected sites in the Galisteo Basin 
in New Mexico to provide for the preservation, protection, and 
interpretation of nationally significant resources located in the 
basin. These sites contain the ruins of Indian pueblos dating back 
almost 900 years and are the largest pueblo ruin ever discovered.
  In addition, the agreement that was agreed to by the committee 
assures landowners within the Galisteo Basin that their private 
property rights will not be compromised under this bill.
  Mr. Speaker, H.R. 506, as amended, is supported by the majority and 
the minority of the committee, and I urge passage of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Speaker, I am pleased that the House has 
the opportunity today to consider this important legislation. H.R. 506 
is a companion bill to S. 210 introduced by Senator Jeff Bingaman. S. 
210 passed in March of this year and a similar version passed in the 
Senate in the 107th Congress.
  Although I also introduced a similar version of this bill in the 
106th and 107th Congresses, it has never been discharged by the House 
Committee on Resources or been taken up by the full House.
  The Galisteo Basin, located in northern New Mexico, possesses a rich 
cultural heritage and is considered one of the Nation's most beautiful 
natural settings. The area is comprised of 24 archaeological sites 
containing artifacts and ruins of 17th century Spanish missions and 
impressive examples of Native American rock art and pueblo 
architecture.
  H.R. 506 authorizes the Secretary of the Interior to enter into 
cooperative

[[Page H10311]]

agreements with willing private and State landowners who are interested 
in protecting, preserving, and maintaining these important 
archaeological sites. It also authorizes the Secretary to purchase such 
lands from willing sellers.
  Each cooperative agreement or land acquisition would be strictly 
voluntary and would be negotiated by each landowner to contain only the 
terms and conditions that are agreed to by both parties.
  H.R. 506 has been carefully crafted to protect private landowners. 
Numerous safeguards prevent the Secretary from forcing cooperative 
agreements on the private property owner or forcing a landowner to sell 
the rights to the land to the Federal Government. Under H.R. 506, any 
action affecting the disposition of a private landowner's rights is 
purely in the discretion of that private party.
  H.R. 506 strikes an exacting balance between protecting and 
preserving these delicate archaeological sites in the Galisteo Basin 
and protecting the rights of the State and private landowners with 
property interests in these sites.
  Considering this, I urge my colleagues from both sides of the aisle 
to support the preservation of the natural beauty and cultural 
significance of the Galisteo Basin.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RENZI. Mr. Speaker, I have no other speakers at this time, and I 
continue to reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield as much time as he may 
consume to the gentleman from Colorado (Mr. Udall), a fellow member of 
the House Committee on Resources.
  Mr. UDALL of Colorado. Mr. Speaker, I want to also thank the 
gentleman for yielding me the time, and I will be brief; but I did want 
to thank the gentleman from Arizona (Mr. Renzi) for his work on behalf 
of this important piece of legislation and commend my cousin, the 
gentleman from New Mexico (Mr. Udall), for bringing this bill forward.
  Those of us who live in the greater Southwest know that these 
archaeological sites are not only great attractions but they add to our 
quality of life and our sense of history in the greater Southwest. We 
also understand that these sites have much to teach us about what the 
people who lived in the Southwest experienced 1,000 and more years in 
the past, and I think they successfully lived on the land; but they 
also, in the long run, did not survive, it appears, or they moved to 
other parts of North America, and the lessons that are hidden in these 
ruins and these archaeological sites I think can help us be better 
stewards and live on the land lightly in the Southwest.
  I want to thank the gentleman from Arizona (Mr. Renzi), as well, 
because we understand this is a great example of a public-private 
cooperative effort where landowners' rights are acknowledged and 
respected but also the interests of the public, and the public good are 
acknowledged in this important legislation.
  So I rise in support and urge the House to adopt this significant 
piece of legislation for all of us who live in the Southwest.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself as much time as 
I may consume.
  Let me congratulate the gentleman from Arizona (Mr. Renzi) and the 
other Members of the House Committee on Resources and the staff for 
their hard work on this bill.
  Mr. Speaker, having no additional speakers, I yield back all 
remaining time.
  Mr. RENZI. Mr. Speaker, I also yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and 
pass the bill, H.R. 506, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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