[House Report 108-346]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-346
======================================================================
 
           GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION ACT

                                _______
                                

November 4, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 506]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 506) to provide for the protection of archaeological 
sites in the Galisteo Basin in New Mexico, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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
          (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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 506 is to provide for he protection of 
archeological sites in the Galisteo Basin in New Mexico.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 506 designates 24 sites in the Galisteo Basin as the 
Galisteo Basin Archaeological Protection Sites comprising 
approximately 4,591 acres. These sites contain the ruins of 
Indian pueblos dating back almost 900 years. When Spanish 
conquistadores first entered what is now New Mexico in 1541, 
they encountered a thriving Pueblo culture, with its own 
traditions of religion, architecture, and art, influenced 
through an extensive trade system. These pueblos remained 
occupied up through the Pueblo revolt in 1680. When the Spanish 
returned to the area several years later, the sites were 
deserted, ending a period of over 700 years of continuous use. 
Included among the sites that would be protected under the 
legislation are the largest pueblo ruins ever discovered.
    H.R. 506 authorizes the Secretary of the Interior to enter 
into cooperative agreements with affected landowners to protect 
the resources. The bill directs the Secretary to prepare a 
general management plan for the identification, research, 
protection, and public interpretation of sites located on 
federal land as well as for other sites for which the Secretary 
has entered into a cooperative agreement. The Secretary is 
further authorized to acquire lands within the sites, with the 
``consent of the owner thereof,'' by purchase, donation, or 
exchange.

                            COMMITTEE ACTION

    H.R. 506 was introduced by Congressman Tom Udall (D-NM) on 
January 29, 2003. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On October 29, 
2003, the Full Resources Committee met to consider the bill. 
The Subcommittee was discharged from further consideration of 
the bill by unanimous consent. Congressman George Radanovich 
(R-CA) offered an amendment in the nature of a substitute to 
address property rights concerns. Specifically, the amendment: 
(1) mandated that private landowners located within the 
boundaries of these archeological sites have their property 
removed upon written request to the Secretary, and (2) struck 
the authorization of appropriation. The amendment was agreed to 
by unanimous consent. The bill, as amended, was ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, and Article IV, section 3, of the 
Constitution of the United States grants Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office 
(CBO) enactment of this bill could result in foregone receipts, 
but CBO estimates ``that any foregone offsetting receipts would 
be negligible.''
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 31, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 506, the Galisteo 
Basin Archaeological Sites Protection Act.
    If you wish further details on the estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Megan Carrol.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 506--Galisteo Basin Archaeological Sites Protection Act

    CBO estimates that implementing H.R. 506 would not 
significantly affect the federal budget. The bill could affect 
direct spending, but we estimate that any such effects would be 
negligible. H.R. 506 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    H.R. 506 would designate 24 sites in New Mexico as the 
Galisteo Basin Archaeological Protection Sites. The bill would 
direct the Secretary of the Interior, in consultation with 
state and local entities, to develop a management plan for 
those sites, but it specifies that the Secretary would only 
have authority to administer federal lands within them. H.R. 
506 would authorize the Secretary, at the request of nonfederal 
landowners, to enter into cooperative agreements with those 
landowners to protect and manage archaeological resources on 
their lands. The bill also would authorize the Secretary to 
acquire such lands from willing sellers. Finally, H.R. 506 
would withdraw federal lands within the proposed sites from 
programs to develop geothermal and mineral resources.
    Based on information obtained from the Bureau of Land 
Management (BLM), CBO estimates that the agency would spend 
less than $500,000 annually to develop a management plan, 
implement cooperative agreements, and acquire nonfederal lands, 
assuming appropriation of the necessary amounts. Withdrawing 
federal lands from programs to develop certain resources could 
result in forgone receipts (a credit against direct spending) 
if, under current law, the lands would generate income from 
such activities. According to BLM, however, the federal lands 
within the proposed sites currently generate no significant 
receipts and are not expected to do so over the next 10 years; 
hence, we estimate that any forgone offsetting receipts would 
be negligible.
    On February 7, 2003, CBO transmitted a cost estimate for S. 
210, the Gallisteo Basin Archaeological Sites Protection Act, 
as ordered reported by the Senate Committee on Energy and 
Natural Resources on February 5, 2003. The two versions of the 
legislation are very similar, and our cost estimates are 
identical.
    The CBO staff contacts for this estimate are Deborah Reis 
and Megan Carroll. This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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