[Senate Report 108-94]
[From the U.S. Government Publishing Office]
Calendar No. 202
108th Congress Report
SENATE
1st Session 108-94
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HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH ACT OF 2003
_______
July 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. 643]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 643) to authorize the Secretary of the
Interior, in cooperation with the University of New Mexico, to
construct and occupy a portion of the Hibben Center for
Archaeological Research at the University of New Mexico, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hibben Center Act''.
SEC. 2. LEASE AGREEMENT.
(a) Authorization.--The Secretary of the Interior may enter into an
agreement with the University of New Mexico to lease space in the
Hibben Center for Archaeological Research at the University of New
Mexico for research on, and curation of, the archaeological research
collections of the National Park Service relating to the Chaco Culture
National Historical Park and Aztec Ruins National Monument.
(b) Term; Rent.--The lease shall provide for a term not exceeding
40 years and a nominal annual lease payment.
(c) Operating Expenses.--The lease may require the Secretary to
contribute a pro rata share of the Hibben Center's annual operating
expenses, in addition to any nominal annual rent.
(d) Improvements.--The lease shall permit the Secretary to make
improvements and install furnishings and fixtures related to the use
and curation of the collections.
SEC. 3. GRANT.
Upon execution of the lease, the Secretary may contribute to the
University of New Mexico up to 37 percent of the cost of construction
of the Hibben Center, not to exceed $1,750,000.
SEC. 4. COOPERATIVE AGREEMENT.
The Secretary may enter into cooperative agreements with the
University of New Mexico, Federal agencies, and Indian tribes for the
curation of and conduct of research on artifacts, and to encourage
collaborative management of the Chacoan archaeological artifacts
associated with northwestern New Mexico.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary for the purposes of this Act.
PURPOSE OF THE MEASURE
The purpose of S. 643 is to authorize the Secretary of the
Interior to enter into an agreement with the University of New
Mexico, to leave space in the Hibben Center for Archaeological
Research at the University, and to provide a grant to the
University for the Federal share of the cost of construction of
the Hibben Center.
BACKGROUND AND NEED
Chaco Culture National Monument was established in 1907 to
protect the prehistoric sites and archaeological resources
located in Chaco Canyon. The monument was redesignated as Chaco
Culture National Historic Park in 1980. The University of New
Mexico (University) originally owned a significant portion of
the land located within the boundaries of the park and from the
1920s to 1947, conducted archaeological research there.
In 1949, the University conveyed to the United States all
right, title, and interest of the University in and to the land
in the park and entered into a memorandum of agreement with the
National Park Service (NPS) establishing a research partnership
with the park.
Since 1971, the NPS, through memoranda of understanding and
cooperative agreements with the University, has maintained a
research museum collection and archive at the University. Both
the NPS and the University have large, significant
archaeological research collections stored at the University in
multiple, inadequate, inaccessible, and cramped repositories.
Insufficient storage at the University makes research on and
management, preservation, and conservation of the
archaeological research collection difficult.
To remedy this problem, the University recently constructed
the Hibben Center for Archaeological Research. The Center is a
state-of-the-art museum facility to store and research the
University's and the National Park Service's archaeological
holdings and archives related to the Chaco Culture National
Historical Park and Aztec Ruins National Monument.
S. 643 authorizes the Secretary of the Interior to make a
grant to the University to contribute the Federal Share of the
cost of construction of the center, and to enter into along-
term lease to use a portion of the center.
LEGISLATIVE HISTORY
S. 643 was introduced by Senator Domenici on March 18,
2003. The Subcommittee on National Parks held a hearing on S.
643 on June 10, 2003. At the business meeting on June 25, 2003,
the Committee on Energy and Natural Resources ordered S. 643,
as amended, favorably reported.
In the 107th Congress, a similar bill S. 3138, was
introduced by Senator Domenici on October 7, 2002.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on June 25, 2003, by unanimous vote of a
quorum present, recommends that the Senate pass S. 643, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 643, the Committee adopted
an amendment in the nature of a substitute. The substitute
removes the congressional findings and definitions, and
clarifies the lease agreement.
The substitute amendment is explained in detail in the
section-by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 titles the bill as the ``Hibben Center Act''.
Section 2(a) authorizes the Secretary to enter into an
agreement with the University to lease space in the Center for
research on, and curation of the archaeological research
collections of the NPS relating to the Chaco Culture National
Historical Park and Aztec Ruins National Monument.
Subsection (b) states that the lease shall provide for a
term not to exceed 40 years and a nominal annual lease payment.
Subsection (c) states that the lease may require the
Secretary to contribute a share of the Center's annual
operating expenses.
Subsection (d) states that the lease shall permit the
Secretary to make improvements and install furnishings and
fixtures related to the use and curation of the collections.
Section 3 authorizes the Secretary to contribute up to 37%
of the construction of the Center, not to exceed $1,750,000, to
the University.
Section 4 authorizes the Secretary to enter into
cooperative agreements with the University, Federal agencies,
and Indian tribes for curation, research, and to encourage
collaborative management of the Chacoan archaeological
artifacts associated with northwestern New Mexico.
Section 5 authorizes the appropriations necessary to carry
out this Act.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
REGULATORY IMPACT EVALUATION
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. 643. 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. 643, as ordered reported.
EXECUTIVE COMMUNICATIONS
On May 29, 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. 643. These reports
had not been received at the time the report on S. 643 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. The testimony provided by the NPS at
the Subcommittee hearing follows:
Statement of D. Thomas Ross, Assistant Director, Recreation and
Conservation, National Park Service, U.S. Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 643, a bill to
authorize the Secretary of the Interior, in cooperation with
the University of New Mexico, to construct and occupy a portion
of the Hibben Center for Archaeological Research at the
University of New Mexico, and for other purposes.
The Department of the Interior supports S. 643, as the
completion of the Hibben Center would be the final step in
carrying out the Federal government's responsibility for the
protection the archaeological resources that were collected
during the Chaco Project in the 1970's. Although there are
significant costs associated with this legislation, the bill
directly supports a key park mission by authorizing a better
curatorial facility for park resources. This legislation would
authorize an appropriation of $3,772,000 for construction
costs, tenant improvements and costs associated with a long-
term lease for a portion of the Hibben Center at the University
of New Mexico. The facility will provide for the protection of
the cultural resources taken from Federal lands at Chaco
Culture National Historical Park and Aztec Ruins National
Monument. The project is currently on the National Park Service
(NPS) five-year list for line item projects and passage of this
legislation is necessary for Federal funds to be expended.
There would be no additional annual operating for maintenance
expenses to the Federal government beyond the existing level
expended for the current substandard facilities.
history of the project
Chaco Canyon and the University of New Mexico (UNM) have
been partners since Chaco Canyon National Monument was founded
in 1907. From 1907 to 1949, the State of New Mexico owned
sections of land within the monument's boundaries for the
benefit of UNM. Since its Anthropology Department was founded
in 1929, UNM has been a leader in Southwestern archaeology. The
university conducted an archaeological field school in Chaco
Canyon from 1929-1948 and excavated many important sites.
Students from virtually every college in the country
participated in these field schools. Dr. Frank C. Hibben was a
teaching assistant at the UNM field school, and remained
interested in Chaco throughout his long career. The UNM field
schools produced extensive museum collections still held by
UNM.
In 1949 the university deeded its land to the United States
government. Since then, the UNM-NPS partnership has continued
through a series of formal agreements to conduct research and
to care for the UNM and NPS Chaco museum collections. Since
1970, the main NPS Chaco collection has been housed on the UNM
campus. Today the NPS Chaco Collection contains approximately
1.5 million artifacts, representing nearly 6,000 years of
prehistory and history. In 1980, Congress expanded the
monuments' boundaries and created Chaco Culture National
Historical Park to preserve and interpret Chacoan resources and
to facilitate research. Chaco Canyon is on the National
Register of Historic Places and in 1987 was designated a United
Nations Educational, Scientific and Cultural Organization
(UNESCO) World Heritage Site.
For the past 100 years archeologists have considered Chaco
Canyon to be one of the most important pre-Columbian
archaeological regions in the United States. In 1970 Congress
created the Chaco Project--a multi-year, multi-disciplinary
research partnership with the University of New Mexico to study
Chacoan archaeology. The million-dollar project was the largest
archaeological project in the country at that time, and it
generated the bulk of the Chaco archaeological collections.
However, the Chaco Project did not address the long-term
storage needs of the collections. In 1983, UNM committed itself
to providing temporary storage space for the collection until a
joint UNM/NPS repository could be built. However, the UNM
storage space was rapidly filled to capacity. Over the past 20
years, the collection (including office and work space) has
spilled over into inappropriate and substandard spaces
throughout the UNM campus.
Both NPS and UNM have long recognized that the storage
facilities provided by UNM are inadequate and do not meet DOI
standards for the care of archaeological collections. The need
for a repository for the cultural resources has been
acknowledged in numerous planning documents for Chaco Culture
NHP and Aztec Ruins NM, including the Chaco Culture National
Historical Park 1985 General Management Plan, 1987 Memorandum
of agreement with the University of New Mexico, 1990 Resource
Management Plan and the 1993 Collections Management Plan. In
1987, UNM and NPS museum staff began planning a new curation
facility that would house the archaeological collections of
both institutions and meet all federal standards. Finding
funding for such a facility was the main stumbling block. In
1997, Dr. Hibben made a commitment of $3 million to help fund a
new research and curation facility at UNM, and he asked Chaco
Culture NHP to partner with him. In 2001, the park's project to
match Dr. Hibben's funding for a new curation facility was
added to the NPS Line Item Construction Program for funding in
FY 2003, pending Congressional authorization. In the FY 2004
priority list this project is slated for funding FY 2006.
The Hibben Center for Archaeological Research was designed
to sit adjacent to the UNM Maxwell Museum of Anthropology. The
building is three stories with a full basement. During planning
it was decided that UNM would occupy the basement and the
ground floor; the NPS would occupy the entire second floor and
three-fourths of the third floor. Due to Dr. Hibben's advanced
age and failing health, UNM proceeded with the construction of
the Hibben Center. which was dedicated in October 2002, a few
months after Dr. Hibben's death. Dr. Hibben's funds completed
the building shell and build outs of the basement and ground
floor. The NPS will build out the second and third floor with
passage of S. 643.
need for the project
The current storage conditions of the world-class Chaco
Museum Collection are substandard and pose a threat to the
preservation and security of the artifacts and archives. The
bulk of the archaeological collections are stored in a room in
the UNM Anthropology Building, built in 1937. This room has no
temperature or environmental controls, no smoke detection of
fire suppression system, and only a rudimentary security
system. Aging plumbing pipes that run through the ceiling of
the room frequently leak, exposed phone and data lines pose a
fire risk, and insect infestations are a constant problem. This
space is currently at 99% capacity. The remainder of the NPS
archaeology collection is housed in the Maxwell Museum
warehouse. The conditions at the warehouse are the same, except
there is no heating, cooling or ventilation system in the
building at all. Lighting fixtures were finally added a few
years ago. Due to the nature of the structure, rodent and
insect infestations are an ongoing problem. Rodents have
destroyed some of the Maxwell Museum's collections. This
facility exceeded 100% capacity several years ago, and the 16'
high wooden shelves are overloaded with boxes and are unsafe.
The Chaco Museum Archive is housed on the third and floor
levels in the stacks of UNM's Zimmerman Library, built in 1950.
The stacks have no temperature or environmental controls, no
fire suppression system, and no security system. The antiquated
evaporative cooling system in the library fluctuates
dramatically during the summer season, pouring excessively
harmful humidity into the archive. Dust from the aging building
covers everything. The main storage room has built-in
structural shelving supports that are so closely spaced that
map cases will not fit between them. One map case sits in a
hallway because it will not fit through a narrow, non-code,
non-ADA compliant emergency exit door. Flights of stairs link
the archive storage room and the office, and there is no
elevator access to the archive office.
None of the storage areas meet DOI standards set forth in
36 CFR 79, Curation of Federally-Owned and Administered
Archaeological Collections (1990) or NPS museum standards. The
poor storage conditions contribute to the deterioration of the
collection. The lack of adequate security puts the collection
at risk especially given the large (25,000+ students), urban
university setting. The lack of ADA access violates federal
law. The dispersed storage, office, and workspaces make it
impossible to efficiently and effectively manage or use the
collection. The overcrowding of storage and workspaces makes
providing research access, mandated by 36 CFR 79, extremely
difficult.
benefit of the project
The NPS is committed to supporting the Department and
Secretary Norton's 4 C's initiative of cooperation,
consultation, and communication, all in the service of
conservation and believe this project supports that goal.
Partnerships are a cost-effective way of doing business. If the
NPS were to construct a new facility on its own, it would cost
more than three-and-a-half times as much. Under this project,
the NPS will invest now in tenant improvements and will enter
into a 40-year lease with UNM at a cost of $1 dollar per year.
UNM will bear the annual operations and maintenance cost. As a
result, the cost of this facility to the federal government,
amortized over the forty-year lease, will be $5.60 per square
foot. A comparable GSA-leased space would cost $20.00 per
square foot.
This project will also involve a partnership between two
NPS parks: Chaco Culture NHP and Aztec Ruins National Monument.
These parks share the World Heritage Site designation because
of their close archaeological relationship. Under this project,
Aztec Ruins NM archaeological collections will also be stored
in the Hibben Center, making research of Chacoan culture more
centralized and efficient.
In addition to the monetary benefits, this project will
continue a collaboration which, since 1949, has been a model of
Federal and state partnerships. The NPS will continue to
benefit by having its Chaco Museum Collection housed in a
research university setting, with the attendant advantages,
while UNM will continue to benefit by having a World Heritage
Site collection readily available to its faculty and students
for research and training.
That concludes my testimony. I would be glad to answer any
questions that you or the members of the subcommittee may have.
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. 643, as ordered
reported.