[Senate Report 104-19]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 40
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-19
_______________________________________________________________________


 
                CHACOAN OUTLIERS PROTECTION ACT OF 1995

                                _______


                 March 27, 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 226]
    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 226) to designate additional land as 
within the Chaco Culture Archeological Protection Sites, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                         Purpose of the Measure

    The purpose of S. 226, as ordered reported, is to expand 
the system of Chaco Culture Archeological Protection Sites in 
New Mexico by adding 7 new sites, enlarging 13 others, reducing 
4 sites and deleting 2, for a new increase of 5,081 acres to 
the system.

                          Background and Need

    Chaco Canyon lies within the San Juan basin in northwestern 
New Mexico. The site, which contains the archeological remains 
of the Chacoan Anasazi Indian culture, was designated a 
national monument in 1907. The canyon 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.
    After the monument was established, subsequent exploration 
led to the discovery of outlying sites, some as far as 100 
miles from Chaco Canyon. These sites, spread out over 30,000 
square miles, were the remnants of a network of outlying 
communities, all linked to Chaco Canyon and the other sites by 
an extensive system of prehistoric roads. In the late 1920's, 
the monument was expanded to include additional ruins that were 
ascertained 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, Congress 
passed Public Law 96-550. Title V of that Act renamed the 
monument the ``Chaco Culture National Historical Park,'' 
enlarging the site by approximately 13,000 acres to a size of 
approximately 33,990 acres.
    The legislation also created a system of Chaco Culture 
Archeological Protection Sites, consisting of 33 outlying sites 
totaling approximately 8,800 acres. Unlike Chaco Culture 
National Historical Park, these sites are not administered 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.
    Large deposits of uranium, natural gas, oil and coal are 
believed to lie beneath the San Juan basin. Energy exploration 
and development are permitted on and adjacent to the 
archeological protection sites as long as such exploration and 
development does not endanger the cultural values of the sites.

                          Legislative History

    S. 226 was introduced by Senator Domenici on January 13, 
1995. H.R. 517, a companion bill, was introduced in the House 
of Representatives on January 13, 1995, and subsequently passed 
the House on March 14.
    At the business meeting on March 15, 1995, the Committee on 
Energy and Natural Resources ordered S. 226 favorably reported, 
without amendment.
    Last Congress, the Committee reported and the Senate passed 
similar legislation. Legislation was also passed by the House 
of Representatives but the two bills were not reconciled prior 
to the adjournment of the Congress. The Senate also passed 
similar legislation during the 102nd and 101st Congress.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on March 15, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 226, without 
amendment.
    The roll call vote on reporting the measure was 18 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield*
Mr. Domenici
Mr. Nickles*
Mr. Craig
Mr. Thomas
Mr. Kyl*
Mr. Grams
Mr. Jeffords*
Mr. Burns
Mr. Campbell
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman*
Mr. Akaka
Mr. Wellstone

    * Indicates voted by proxy.

                      Section-by-Section Analysis

    Section 1 entitles the bill the ``Chacoan Outliers 
Protection Act of 1995''.
    Section 2 amends Public Law 96-550, section 501, to make 
conforming changes.
    Section 3 amends subsection 502(b) of Public Law 96-550 to 
update the table listing the 39 Chacoan Outlier sites, as 
depicted on the referenced map. The map is to be made available 
for public inspection in the appropriate offices of the 
National Park Service, the Bureau of Land Management, the 
Bureau of Indian Affairs, and the offices of the Arizona and 
New Mexico State Historic Preservation Officers.
    Section 4 amends section 503 of Public Law 96-550 by 
clarifying the use of the term ``Secretary'' as referring to 
the Secretary of the Interior.
    Section 5 amends section 504(c)(2) of Public Law 96-550 to 
direct the Secretary to seek to use a combination of land 
acquisition authority and cooperative agreements to protect 
archeological resources at those sites remaining in private 
ownership.
    Section 6 amends section 506 of Public Law 96-550 by adding 
a new subsection (f), which authorizes the Secretary to assist 
the Navajo Nation in the protection and management of those 
Chaco Culture Archeological Protection Sites located on Navajo 
lands through means approved by the Indian Self-Determination 
and Education Act (Public Law 93-638). This new subsection also 
describes the assistance that the Secretary shall provide, 
including development of a Navajo facility associated with the 
sites.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 17, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 226, the Chacoan Outliers Protection Act of 1995, 
as ordered reported by the Senate Committee on Energy and 
Natural Resources on March 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 S. 226 would not affect 
direct spending, pay-as-you-go procedures would not apply.
    S. 226 would expand the number of Chaco culture 
archeological 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.
    On February 23, 1995, CBO prepared a cost estimate for H.R. 
517, the Chacoan Outliers Protection Act of 1995, as ordered 
reported by the House Committee on Resources on February 15, 
1995. The two estimates are identical.
    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 June E. O'Neill, Director).
                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Sanding Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 226. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 226, as ordered reported.

                        Executive Communications

    On March 21, the Committee on Energy and Natural Resources 
has requested legislative reports from the Department of the 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on S. 226. These reports had 
not been received at the time the report on S. 226 was filed. 
When these reports becomes available, the Chairman will request 
that they be printed in the Congressional Record for the advice 
of the Senate.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 226, as ordered 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):

                           Public Law 96-550

 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

          * * * * * * *

             TITLE V--CHACO CULTURE NATIONAL HISTORIC 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) There is hereby established in the State of 
New Mexico, the Chaco Culture National Historical Park 
comprising approximately thirty three thousand nine hundred and 
eighty nine acres as generally depicted on the map entitled 
``Chaco Culture National Historical Park'', numbered 310/
80,032-A and dated August 1979. The Chaco Canyon National 
Monument is hereby abolished, as such, and any funds available 
for the purpose of the monument shall be available for the 
purpose of the Chaco Culture National Historical Park.
    [(b) Thirty three outlying sites generally depicted on a 
map entitled ``Chaco Culture Archeological Protection Sites'', 
numbered 310/80,33-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/Crumpled 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 Archaeological Protection 
Sites'', numbered 310/80,033-B and dated September 1991, are 
hereby designated as ``Chaco Culture Archaeological Protection 
Sites''. The thirty-nine archaeological protection sites 
totaling approximately 14,372 acres identified as follows:


                                                                   Acres
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
Jacques...........................................................    66
Kin Nizhoni.......................................................   726
Lake Valley.......................................................    30
Manulito-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. 503. The Secretary of the Interior (referred to in 
this title as the ``Secretary'') shall continue to search for 
additional evidences of Chacoan sites and submit to Congress 
within two years of date of enactment of this Act and therefore 
as needed, his recommendations for additions to, or deletions 
from, the list of archeological protection sites in section 
502(b) of this title. Additions to or deletions from such list 
shall be made only by an Act of Congress.
          * * * * * * *
    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 under section 505 to protect archeological resources 
at such sites described in section 502(b) as remain in private 
ownership.
          * * * * * * *
    Sec. 506(a) * * *
          * * * * * * *
    (f)(1) The Secretary, acting through the Director of the 
National Park Service, shall assist the Navajo Nation in the 
protection and management of such Chaco Culture Archeological 
Protection Sites as are located on lands under the jurisdiction 
of the Navajo Nation through a grant, contract, or cooperative 
agreement entered into under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).
    (2) The assistance provided under paragraph (1) shall--
          (A) consist of assistance in site planning, resource 
        protection, interpretation, resource management 
        actions, and such other activities as may be identified 
        in the grant, contract, or cooperative agreement; and
          (B) include assistance with the development of a 
        Navajo facility to serve persons who seek to appreciate 
        the Chacoan Outlier Sites.