[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.
          * * * * * * *