II 

118TH CONGRESS 

1ST SESSION S. 1404 

To provide for the withdrawal and protection of certain Federal land in 

the State of New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2023 

Mr. LUJA ́N (for himself and Mr. HEINRICH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the withdrawal and protection of certain Federal land in the State of New Mexico, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chaco Cultural Herit5 age Area Protection Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) there are archeological, sacred, and historic 

9 resources located throughout the Greater Chaco reVerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404

pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 1404 IS

1 gion, which spans the States of New Mexico, Ari2 zona, Utah, and Colorado; 

3 (2) the Chaco Culture National Historical Park, 

4 a unit of the National Park System and a United 

5 Nations Educational, Scientific and Cultural Organi6 zation World Heritage Site, is known around the 

7 world— 

8 (A) for multi-story buildings constructed 

9 by the Chacoan people that are still standing; 

10 and 

11 (B) as the nerve center of a culture that 

12 spread throughout and dominated the Four 

13 Corners area during the 9th, 10th, and 11th 

14 centuries; 

15 (3) the Chacoan people built hundreds of miles 

16 of roads and a network of villages, shrines, and com17 munications sites, many of which are still visible; 

18 (4) many Pueblos and Indian Tribes in the 

19 Four Corners area claim cultural affiliation with, 

20 and are descended from, the Chacoan people; 

21 (5) the landscape around the Chaco Culture 

22 National Historical Park includes hundreds of inter23 nationally and nationally significant cultural re24 sources, including prehistoric roads, communities, 

25 and shrines— 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 1404 IS

1 (A) many of which are related to the re2 sources found in the Chaco Culture National 

3 Historical Park, including the resources recog4 nized by the amendment made by section 3 of 

5 the Chacoan Outliers Protection Act of 1995 

6 (16 U.S.C. 410ii note; Public Law 104–11) 

7 providing for additional Chaco Culture Archeo8 logical Protection Sites; 

9 (B) a significant number of which are con10 centrated within the immediate area sur11 rounding the Chaco Culture National Historical 

12 Park; and 

13 (C) that are commonly recognized by ar14 cheologists; 

15 (6) long considered one of the best places for 

16 stargazing in the world, Chaco Culture National 

17 Historical Park— 

18 (A) in 1991, established a night skies pro19 tection initiative and interpretive program to 

20 protect the night sky in the area of the Chaco 

21 Culture National Historical Park; and 

22 (B) in 2013, was certified as an Inter23 national Dark Sky Park; 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 1404 IS

1 (7) the Greater Chaco region extends beyond 

2 Chaco Culture National Historical Park and encom3 passes— 

4 (A) local communities, including the Pueb5 lo Indian Tribes, Navajo Nation, Hopi Tribe, 

6 and other Indian Tribes; and 

7 (B) public and private land, which includes 

8 additional cultural resources and sacred sites; 

9 (8) for over 110 years, the Federal Government 

10 has recognized the importance of the area in which 

11 the Chacoan people lived and has acted to protect 

12 historic and sacred sites in the area, including— 

13 (A) Chaco Canyon, which was designated 

14 as a National Monument in 1907 and as the 

15 Chaco Culture National Historical Park in 

16 1980; 

17 (B) the Aztec Ruins, which was designated 

18 as a National Monument in 1923 and expanded 

19 in each of 1928, 1930, 1948, and 1988; and 

20 (C) the 39 Chaco Culture Archeological 

21 Protection Sites designated in 1995; 

22 (9) recognizes that the standard for Tribal con23 sultation is outlined in Executive Order No. 13175 

24 (25 U.S.C. 5301 note; relating to consultation and 

25 coordination with Indian Tribal governments); 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 1404 IS

1 (10) extensive natural gas development has oc2 curred in the Greater Chaco region that affect the 

3 health, safety, economies, and quality of life of local 

4 communities; 

5 (11) renewed interest in oil exploration and pro6 duction within the Mancos/Gallup Shale play has in7 creased the potential for— 

8 (A) significant impacts on cultural and 

9 other resources, the holistic experience of the 

10 sacred landscape, and visitor experiences at the 

11 Chaco Culture National Historical Park; and 

12 (B) additional impacts on local commu13 nities in the Greater Chaco region, including 

14 the Pueblo Indian Tribes, Navajo Nation, Hopi 

15 Tribe, and other Indian Tribes; 

16 (12) a mineral withdrawal in the landscape 

17 around the Chaco Culture National Historical Park 

18 would prevent leasing and development on Federal 

19 land and of Federal minerals in the immediate area 

20 surrounding the Chaco Culture National Historical 

21 Park, which would protect resources and visitor ex22 periences at the Chaco Culture National Historical 

23 Park; 

24 (13) additional studies and protective measures 

25 should be undertaken to address health, safety, and 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 1404 IS

1 environmental impacts on communities and interests 

2 of the Pueblo Indian Tribes, Navajo Nation, Hopi 

3 Tribe, and other Indian Tribes in the Greater Chaco 

4 region; and 

5 (14) the Greater Chaco region continues to be 

6 used for ceremonial and cultural purposes by the 

7 Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, 

8 and other Indian Tribes. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) COVERED LEASE.—The term ‘‘covered 

12 lease’’ means any oil and gas lease for Federal 

13 land— 

14 (A) on which drilling operations have not 

15 been commenced before the end of the primary 

16 term of the applicable lease; 

17 (B) that is not producing oil or gas in pay18 ing quantities; and 

19 (C) that is not subject to a valid coopera20 tive or unit plan of development or operation 

21 certified by the Secretary to be necessary. 

22 (2) FEDERAL LAND.— 

23 (A) IN GENERAL.—The term ‘‘Federal 

24 land’’ means— 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 1404 IS

1 (i) any Federal land or interest in 

2 Federal land that is within the boundaries 

3 of the Chaco Cultural Heritage Withdrawal 

4 Area, as depicted on the Withdrawal Map; 

5 and 

6 (ii) any land or interest in land lo7 cated within the boundaries of the Chaco 

8 Cultural Heritage Withdrawal Area, as de9 picted on the Withdrawal Map, that is ac10 quired by the Federal Government after 

11 the date of enactment of this Act. 

12 (B) EXCLUSION.—The term ‘‘Federal 

13 land’’ does not include trust land (as defined in 

14 section 3765 of title 38, United States Code). 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 (4) WITHDRAWAL MAP.—The term ‘‘With18 drawal Map’’ means the map prepared by the Bu19 reau of Land Management entitled ‘‘Proposed With20 drawal Chaco Culture National Historic Park Sur21 rounding Area’’ and dated January 6, 2022, as re22 ferred to in the notice of the Secretary entitled ‘‘No23 tice of Proposed Withdrawal and Public Meetings; 

24 San Juan County, NM’’ (87 Fed. Reg. 785 (Janu25 ary 6, 2022)). 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 1404 IS

1 SEC. 4. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE 

2 STATE OF NEW MEXICO. 

3 (a) IN GENERAL.—Subject to any valid existing 

4 rights, the Federal land is withdrawn from— 

5 (1) all forms of entry, appropriation, and dis6 posal under the public land laws; 

7 (2) location, entry, and patent under mining 

8 laws; and 

9 (3) operation of the mineral leasing, mineral 

10 materials, and geothermal leasing laws. 

11 (b) AVAILABILITY OF WITHDRAWAL MAP.—The 

12 Withdrawal Map shall be made available for inspection at 

13 each appropriate office of the Bureau of Land Manage14 ment. 

15 (c) CONVEYANCE OF FEDERAL LAND TO INDIAN

16 TRIBES.—Notwithstanding subsection (a), the Secretary 

17 may convey the Federal land to, or exchange the Federal 

18 land with, an Indian Tribe in accordance with a resource 

19 management plan that is approved as of the date of enact20 ment of this Act, as subsequently developed, amended, or 

21 revised in accordance with the Federal Land Policy and 

22 Management Act of 1976 (43 U.S.C. 1701 et seq.) and 

23 any other applicable law. 

24 (d) OIL AND GAS LEASE MANAGEMENT.— 

25 (1) TERMINATION OF NON-PRODUCING

26 LEASES.—A covered lease— 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 1404 IS

1 (A) shall automatically terminate by oper2 ation of law pursuant to section 17(e) of the 

3 Mineral Leasing Act (30 U.S.C. 226(e)) and 

4 subpart 3108 of title 43, Code of Federal Regu5 lations (or successor regulations); and 

6 (B) may not be extended by the Secretary. 

7 (2) WITHDRAWAL OF TERMINATED, RELIN8 QUISHED, OR ACQUIRED LEASES.—Any portion of 

9 the Federal land subject to a covered lease termi10 nated under paragraph (1) or otherwise or relin11 quished or acquired by the United States on or after 

12 the date of enactment of this Act is withdrawn 

13 from— 

14 (A) all forms of entry, appropriation, and 

15 disposal under the public land laws; 

16 (B) location, entry, and patent under min17 ing laws; and 

18 (C) operation of the mineral leasing, min19 eral materials, and geothermal leasing laws. 

20 (e) EFFECT.—Nothing in this section— 

21 (1) affects the mineral rights of an Indian 

22 Tribe or a member of the Navajo Nation or any 

23 other Indian Tribe to trust land or allotment land; 

24 or 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 1404 IS

1 (2) precludes improvements to, or rights-of-way 

2 for water, power, utility, or road development on, the 

3 Federal land to assist communities adjacent to or in 

4 the vicinity of the Federal land. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB