19–010

Calendar No. 15

108TH CONGRESS REPORT " SENATE ! 1st Session 108–7

GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION 

ACT

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.

PURPOSE

The purpose of S. 210 is to establish a system of archaeological 

protection sites in the Galisteo Basin in New Mexico. 

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, eroVerDate Jan 31 2003 03:36 Feb 13, 2003 Jkt 019010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR007.XXX SR007
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sion, 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 Register. 

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 

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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 only

by donation, or for State trust lands, by exchange. 

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. 

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, 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 Carroll. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director. 

Enclosure. 

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 governments. 

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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. 

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. 210. The Act is not a regulatory measure in the sense of imposing Government-established standards or significant 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. 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. 

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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 reported.

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