[Senate Report 108-7]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 15
108th Congress                                                   Report
 1st Session                                                      108-7




               February 11, 2003.--Ordered to be printed


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

                              R E P O R T

                         [To accompany S. 210]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 210) to provide for the protection of 
archaeological sites in the Galisteo Basin in New Mexico, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.


    The purpose of S. 210 is to establish a system of 
archaeological protection sites in the Galisteo Basin in New 

                          BACKGROUND AND NEED

    S. 210 would designate a system of 24 sites in the Galisteo 
Basin in New Mexico, located southeast of Santa Fe, as 
archaeological protection sites. These sites contain the ruins 
of Indian pueblos dating back almost 900 years. When Coronado 
and 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 S. 210 
are the largest pueblo ruins ever discovered.
    In addition to the pueblo ruins, many of the sites contain 
historic artifacts and sites relating to the Spanish 
colonization of the area, including ruins of some of the oldest 
Spanish missions built in this country. Many of the sites are 
now threatened by development, erosion, vandalism, or other 
threats. S. 210 authorizes the Secretary of the Interior to 
enter into cooperative agreements with affected landowners to 
protect these resources.
    The Department of the Interior submitted formal legislative 
views in support of substantially similar legislation on behalf 
of the Administration on October 24, 2002.

                          LEGISLATIVE HISTORY

    S. 210 was introduced by Senator Bingaman on January 23, 
2003. During the 107th Congress the Committee considered 
similar legislation sponsored by Senator Bingaman, S. 2776. The 
Full Committee held a hearing on S. 2776 in Santa Fe, New 
Mexico on August 7, 2002, and the Subcommittee on National 
Parks held a hearing on the bill on September 19, 2002. The 
Committee ordered S. 2276 favorably reported with an amendment 
on October 4, 2002. The text of the bill was adopted by the 
Senate as part of an amendment to S. 941, which passed the 
Senate by unanimous consent.
    At its business meeting on February 5, 2003, the Committee 
ordered S. 210 favorably reported without amendment.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on February 5, 2003, by a voice vote of a 
quorum present, recommends that the Senate pass S. 210 as 
described herein.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the bill the ``Galisteo Basin 
Archaeological Sites Protection Act.''
    Section 2(a) contains congressional findings.
    Subsection (b) states that the purpose of the Act is to 
provide for the preservation, protection, and interpretation of 
the nationally significant archaeological resources in the 
Galisteo Basin in New Mexico.
    Section 3 designates 24 sites in the Galisteo Basin as 
``Galisteo Basin Archaeological Protection Sites.'' The sites 
comprise approximately 4,591 acres. The sites listed are 
identified on a series of 19 maps. The Secretary of the 
Interior (``Secretary'') is authorized to make minor boundary 
adjustments to the sites by publishing a notice in the Federal 
    Section 4 directs the Secretary to search for additional 
Native American and Spanish colonial sites in the Galisteo 
Basin and submit to Congress recommendations for additions, 
deletions, or modifications to the list of archaeological 
protection sites. New additions to the system may only be made 
by Act of Congress.
    Section 5(a) directs the Secretary to administer 
archaeological protection sites located on Federal land in 
accordance with the Archaeological Resources Protection Act 
(ARPA), the Native American Graves and Repatriation Act 
(NAGPRA), and other applicable laws in a manner that will 
protect, preserve, and maintain the archaeological resources 
and allow for continuing research on them. The subsection 
clarifies that the Secretary shall have no authority to 
administer sites on non-Federal lands except to the extent 
provided for in a cooperative agreement entered into between 
the Secretary and the landowner. The subsection further 
clarifies that nothing in this Act shall be construed to extend 
the authorities of either ARPA or NAGPRA to private lands which 
are designated as an archaeological protection site.
    Subsection (b) 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 pursuant to section 6.
    Section 6 authorizes the Secretary to enter into 
cooperative agreements with owners of non-Federal lands 
regarding an archaeological protection site located on their 
property. The purpose of the agreements is to enable the 
Secretary to assist with the protection, preservation, 
maintenance, administration, and where appropriate, 
interpretation of the sites.
    Section 7 authorizes the Secretary to acquire lands within 
the sites, on a willing seller basis, by purchase, donation, or 
exchange. Lands owned by the State of New Mexico could be 
acquired onlyby donation, or for State trust lands, by 
    Section 8 withdraws the sites on Federal lands from the 
public lands laws, mining law, and mineral and geothermal laws, 
subject to valid existing rights.
    Section 9 contains several provisions to clarify that the 
Act does not authorize the regulation of private property, 
diminish the authority of any government, or restrict or limit 
an Indian tribe or pueblo from protecting cultural or religious 
sites on tribal lands.
    Section 10 authorizes the appropriation of such sums as may 
be necessary to carry out the Act.


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

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 7, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 210, the Galisteo 
Basin Archaeological Sites Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
                                     Douglas Holtz-Eakin, Director.

S. 210--Galisteo Basin Archaelogical Sites Protection Act

    CBO estimates that implementing S. 210 would not 
significantly affect the federal budget. The bill could affect 
direct spending, but we estimate that any such effects would be 
negligible. S. 210 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 
    S. 210 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. S. 210 
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, S. 210 would 
withdraw federal lands within the proposed sites from programs 
to develop geothermal and mineral resources.
    Based on information 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 under S. 210 
would be negligible.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Paul R. Cullinan, Chief for Human 
Resources Cost Estimates Unit of the Budget Analysis Division.


    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 210. The Act is not a regulatory measure in the 
sense of imposing Government-established standards or 
significant responsibilities on private individuals and 
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
    Little, if any, additional paperwork would result from the 
enactment of S. 210.

                        EXECUTIVE COMMUNICATIONS

    On, February 6, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 210. These reports 
had not been received at the time the report on S. 210 was 
filed. When the reports become 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, the Committee notes that no 
changes in existing law are made by the bill S. 210, as ordered