[House Report 104-56]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-56
_______________________________________________________________________
CHACOAN OUTLIERS PROTECTION ACT OF 1995
_______
February 28, 1995.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 517]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 517) to amend title V of Public Law 96-550, designating
the Chaco Culture Archeological Protection Sites, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 517 is to amend title V of Public Law
96-550, to make certain additions and modifications to the
Chaco Culture Archeological Protection Sites.
Background and Need for Legislation
Chaco Canyon lies within the San Juan basin in northwestern
New Mexico, and was the center of the Anasazi civilization,
which emerged and then mysteriously disappeared within a brief
400-year period, from 900 A.D. to 1300 A.D. The site, which
contains the archeological remains of the Chacoan Anasazi
Indian culture, was designated a national monument in 1907.
After the monument was established, a number of outlying
sites were discovered, some as far as 100 miles from Chaco
Canyon. These sites, spread over 30,000 square miles, are the
remnants of a network of outlying communities, all linked to
Chaco Canyon and other sites by an extensive system of
prehistoric roads. In the late 1920's the monument was expanded
to include additional ruins determined to be of Chacoan Anasazi
affiliation.
In the 1950's and 1960's, increased energy and mineral
exploration and development in the region led to the discovery
of a number of additional Chacoan outliers. In 1980, Public Law
96-550 renamed the monument the ``Chaco Culture National
Historical Park,'' and designated 33 outlying sites as ``Chaco
Culture Archeological Protection Sites'' totaling approximately
8,800 acres. Unlike Chaco Culture National Historical Park, the
Chaco outlier sites are not treated as units of the National
Park System. Instead, they are managed primarily by the Bureau
of Land Management, the Bureau of Indian Affairs, and the
Navajo Nation. The addition or deletion of sites to or from the
system may only be authorized by an Act of Congress.
Committee Action
H.R. 517 was introduced by Mr. Richardson of New Mexico on
January 13, 1995, and was referred to the Committee on
Resources. Within the Committee, the bill was referred to the
Subcommittee on National Parks, Forests and Lands. A hearing on
H.R. 517 was held before the Subcommittee on January 24, 1995.
At the Subcommittee meeting on January 26, 1995, H.R. 517 was
ordered favorably reported to the Committee on Resources
without amendment. At the meeting of the Committee on Resources
on February 15, 1995, the bill was ordered favorably reported
without amendment to the House of Representatives by voice vote
in the presence of a quorum.
Section-by-Section Analysis
SECTION 1. SHORT TITLE
Section 1 entitles the Act the ``Chacoan Outliers
Protection Act of 1995''.
SECTION 2. CONFORMING AMENDMENT
Section 2 contains conforming technical amendments to
Public Law 96-550.
SECTION 3. ADDITIONS TO CHACO CULTURE ARCHEOLOGICAL PROTECTION SITES
Section 3 amends Public Law 96-550 by adding eight sites to
the Chaco Culture Archeological Protection Sites listed in that
Act, and deleting two of those sites. Of the two sites deleted,
one has been incorporated into El Malpais National Monument,
and the other is owned and protected by the Ute Mountain tribe
which prefers to manage this site. The additions are all
publicly owned. This section also modifies the boundaries of
certain already designated protection sites.
Since 1980, additional sites have been uncovered, and some
sites are no longer appropriate for inclusion in the Protection
Sites system. Furthermore, modifications to about half of the
sites remaining in the system are needed to more accurately
reflect the extent and location of cultural resources found on
these sites. This section makes the necessary changes in
existing sites and adds and deletes certain areas.
SECTION 4. ACQUISITIONS
Section 4 amends Public Law 96-550 to authorize the
Secretary of the Interior to use a combination of land
acquisition authority and cooperative agreements to provide
archeological resources protection at those sties remaining in
private ownership.
SECTION 5. ASSISTANCE TO THE NAVAJO NATION
Section 5 amends Public Law 96-550 to direct the Secretary
of the Interior to assist the Navajo Nation in the protection
and management of those Chaco Culture Archeological Protection
Sites located on lands under the jurisdiction of the Navajo
Nation. Twenty-five of the thirty-nine sites so designated are
under Navajo jurisdiction. No single agency has previously
taken the lead role in assisting the Navajo Nation to ensure
that the Navajo Nation will have a meaningful and equitable
role in managing the Chaco sites. While some funding has been
made available to the Navajo Nation, the identified needs for
protection and interpretation of the Chaco sites have not been
fully met.
The Committee expects the National Park Service (NPS) to
fulfill the terms of the Cooperative Agreement executed between
NPS and the Navajo Nation in May of 1992, and encourages an
increased level of cooperation between the two entities.
The Navajo people have preserved these resources in the
past, and the Committee believes that the Navajo people should
be supported in the preservation and appreciation of these
resources. NPS support for these purposes shall be limited to
technical assistance.
Committee Oversight Findings and Recommendations
Pursuant to clause 2(l)(3) of rule XI of the Rules of the
House of Representatives and clause 2(b)(1) of rule X of the
Rules of the House of Representatives, the Committee's
oversight findings and recommendations are reflected in the
body of this report.
Inflation Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 517 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
Cost of the Legislation
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 517. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Compliance with House Rule XI
1. With respect to the requirements of clause 2(l)(3)(A) of
rule XI of the Rules of the House of Representatives, the
Subcommittee on National Parks, Forests and Lands held a
hearing January 24, 1995, on the Chaco Culture Archaeological
Protections Sites and the oversight findings and
recommendations of the Committee are reflected in this report.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 517.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R. 517
from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 22, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 517, the Chacaon Outliers Protection Act of 1995,
as ordered reported by the House Committee on Resources on
February 15, 1995. Enacting this legislation would result in no
significant cost to the federal government in the next five
years and in no cost to state or local governments. Because
enactment of H.R. 517 would not affect direct spending, pay-as-
you-go procedures would not apply.
H.R. 517 would expand the number of Chaco culture
archaeological protection sites administered by the Department
of the Interior. Most of the newly added sites are already on
public lands and would probably require only minor
stabilization, protection, and interpretation. A few sites are
on private lands that could eventually be purchased by the
federal government, but no purchases are planned at this time.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
James L. Blum
(For Robert D. Reischauer).
Departmental Reports
The Committee has received no departmental reports on H.R.
517.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ACT OF DECEMBER 19, 1980
AN ACT To designate certain National Forest System lands in the State
of New Mexico for inclusion in the National Wilderness Preservation
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE V--CHACO CULTURE NATIONAL HISTORICAL PARK
Sec. 501. (a) * * *
(b) It is the purpose of this title to recognize the unique
archeological resources associated with the prehistoric Chacoan
culture in the [San Juan Basin;] San Juan Basin and surrounding
areas; to provide for the preservation and interpretation of
these resources; and to facilitate research activities
associated with these resources.
Sec. 502. (a) * * *
[(b) Thirty three outlying sites generally depicted on a
map entitled ``Chaco Culture Archeological Protection Sites'',
numbered 310/80,033-A and dated August 1980, are hereby
designated as ``Chaco Culture Archeological Protection Sites''.
The thirty three archeological protection sites totaling
approximately eight thousand seven hundred and seventy one
acres are identified as follows:
[Name: Acres
Allentown..................................................... 42
Andrews Ranch................................................. 640
Bee Burrow.................................................... 40
Bisa'ani...................................................... 131
Casa del Rio.................................................. 40
Coolidge...................................................... 15
Dalton Pass................................................... 10
Great Bend.................................................... 19
Greenlee Ruin................................................. 60
Grey Hill Spring.............................................. 23
Halfway House................................................. 40
Haystack...................................................... 115
Hogback....................................................... 371
Indian Creek.................................................. 100
Jacques....................................................... 40
Kin Nizhoni................................................... 726
Lake Valley................................................... 30
Las Ventanas.................................................. 31
Morris 41..................................................... 85
Muddy Water................................................... 1,210
Newcomb....................................................... 44
Peach Springs................................................. 985
Pierre's Site................................................. 440
Raton Well.................................................... 23
San Mateo..................................................... 14
Sanostee...................................................... 1,565
Section 8..................................................... 40
Skunk Springs/Crumbled House.................................. 588
Standing Rock................................................. 321
Twin Angels................................................... 40
Toh-la-kai.................................................... 10
Upper Kin Klizhin............................................. 60
Squaw Springs................................................. 870]
(b)(1) Thirty-nine outlying sites as generally depicted on
a map entitled ``Chaco Culture Archeological Protection
Sites,'' numbered 310/80,033-B and dated September 1991, are
hereby designated as ``Chaco Culture Archeological Protection
Sites.'' The thirty-nine archeological protection sites
totaling approximately 14,372 acres are identified as follows:
Name:
Allentown..................................................... 380
Andrews Ranch................................................. 950
Bee Burrow.................................................... 480
Bisa'ani...................................................... 131
Casa del Rio.................................................. 40
Casamero...................................................... 160
Chimney Rock.................................................. 3,160
Coolidge...................................................... 450
Dalton Pass................................................... 135
Dittert....................................................... 480
Great Bend.................................................... 26
Greenlee Ruin................................................. 60
Grey Hill Spring.............................................. 23
Guadalupe..................................................... 115
Halfway House................................................. 40
Haystack...................................................... 565
Hogback....................................................... 453
Indian Creek.................................................. 100
Jaquez........................................................ 66
Kin Nizhoni................................................... 726
Lake Valley................................................... 30
Manuelito-Atsee Nitsaa........................................ 60
Manuelito-Kin Hochoi.......................................... 116
Morris 41..................................................... 85
Muddy Water................................................... 1,090
Navajo Springs................................................ 260
Newcomb....................................................... 50
Peach Springs................................................. 1,046
Pierre's Site................................................. 440
Raton Well.................................................... 23
Salmon Ruin................................................... 5
San Mateo..................................................... 61
Sanostee...................................................... 1,565
Section 8..................................................... 10
Skunk Springs/Crumbled House.................................. 533
Standing Rock................................................. 348
Toh-la-kai.................................................... 10
Twin Angeles.................................................. 40
Upper Kin Klizhin............................................. 60
(2) The map referred to in paragraph (1) shall be kept on file
and available for public inspection in the appropriate
offices of the National Park Service, the office of the
State Director of the Bureau of Land Management located in
Santa Fe, New Mexico, the office of the Area Director of
the Bureau of Indian Affairs located in Window Rock,
Arizona, and the offices of the Arizona and New Mexico
State Historic Preservation Officers.
* * * * * * *
Sec. 504. (a) * * *
* * * * * * *
(c)(1) * * *
[(2) The Secretary shall attempt to enter into cooperative
agreements pursuant to section 505 of this Act with owners of
private property for those archeological protection sites
described in section 502(b) of this Act. The Secretary shall
acquire fee title to any such private property only if it is
necessary to prevent direct and material damage to, or
destruction of, Chaco cultural resources and no cooperative
agreement with the owner of the private property interest can
be effected.]
(2) The Secretary shall seek to use a combination of land
acquisition authority under this section and cooperative
agreements (pursuant to section 505) to accomplish the purposes
of archeological resource protection at those sites described
in section 502(b) that remain in private ownership.
* * * * * * *
Sec. 506. (a) * * *
* * * * * * *
(f) The Secretary, acting through the Director of the
National Park Service, shall assist the Navajo Nation in the
protection and management of those Chaco Culture Archeological
Protection Sites located on lands under the jurisdiction of the
Navajo Nation through a grant, contract, or cooperative
agreement entered into pursuant to the Indian Self-
Determination and Education Act (Public Law 93-638), as
amended, to assist the Navajo Nation in site planning, resource
protection, interpretation, resource management actions, and
such other purposes as may be identified in such grant,
contract, or cooperative agreement. This cooperative assistance
shall include assistance with the development of a Navajo
facility to serve those who seek to appreciate the Chacoan
Outlier Sites.
* * * * * * *