II 

108TH CONGRESS 

1ST SESSION S. 210

To provide for the protection of archaeological sites in the Galisteo Basin 

in New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23, 2003

Mr. BINGAMAN introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL

To provide for the protection of archaeological sites in the 

Galisteo Basin in 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 ‘‘Galisteo Basin Archae5 ological Sites Protection Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—The Congress finds that—

8 (1) the Galisteo Basin and surrounding area of 

9 New Mexico is the location of many well preserved 
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1 prehistoric and historic archaeological resources of 

2 Native American and Spanish colonial cultures; 

3 (2) these resources include the largest ruins of 

4 Pueblo Indian settlements in the United States, 

5 spectacular examples of Native American rock art, 

6 and ruins of Spanish colonial settlements; and 

7 (3) these resources are being threatened by nat8 ural causes, urban development, vandalism, and un9 controlled excavations. 

10 (b) PURPOSE.—The purpose of this Act is to provide 

11 for the preservation, protection, and interpretation of the 

12 nationally significant archaeological resources in the 

13 Galisteo Basin in New Mexico. 

14 SEC. 3. GALISTEO BASIN ARCHAEOLOGICAL PROTECTION 

15 SITES. 

16 (a) IN GENERAL.—The following archaeological sites 

17 located in the Galisteo Basin in the State of New Mexico, 

18 totaling approximately 4,591 acres, are hereby designated 

19 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 
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Name Acres 

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

1 (b) AVAILABILITY OF MAPS.—The archaeological 

2 protection sites listed in subsection (a) are generally de3 picted on a series of 19 maps entitled ‘‘Galisteo Basin Ar4 chaeological Protection Sites’’ and dated July, 2002. The 

5 Secretary of the Interior (hereinafter referred to as the 

6 ‘‘Secretary’’) shall keep the maps on file and available for 

7 public inspection in appropriate offices in New Mexico of 

8 the Bureau of Land Management and the National Park 

9 Service. 

10 (c) BOUNDARY ADJUSTMENTS.—The Secretary may 

11 make minor boundary adjustments to the archaeological 

12 protection sites by publishing notice thereof in the Federal 

13 Register. 

14 SEC. 4. ADDITIONAL SITES. 

15 (a) IN GENERAL.—The Secretary shall—

16 (1) continue to search for additional Native 

17 American and Spanish colonial sites in the Galisteo 

18 Basin area of New Mexico; and 
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1 (2) submit to Congress, within three years after 

2 the date funds become available and thereafter as 

3 needed, recommendations for additions to, deletions 

4 from, and modifications of the boundaries of the list 

5 of archaeological protection sites in section 3 of this 

6 Act. 

7 (b) ADDITIONS ONLY BY STATUTE.—Additions to or 

8 deletions from the list in section 3 shall be made only by 

9 an Act of Congress. 

10 SEC. 5. ADMINISTRATION. 

11 (a) IN GENERAL.—

12 (1) The Secretary shall administer archae13 ological protection sites located on Federal land in 

14 accordance with the provisions of this Act, the Ar15 chaeological Resources Protection Act of 1979 (16 

16 U.S.C. 470aa et seq.), the Native American Graves 

17 Protection and Repatriation Act (25 U.S.C. 3001 et 

18 seq.), and other applicable laws in a manner that 

19 will protect, preserve, and maintain the archae20 ological resources and provide for research thereon. 

21 (2) The Secretary shall have no authority to ad22 minister archaeological protection sites which are on 

23 non-Federal lands except to the extent provided for 

24 in a cooperative agreement entered into between the 

25 Secretary and the landowner. 
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1 (3) Nothing in this Act shall be construed to 

2 extend the authorities of the Archaeological Re3 sources Protection Act of 1979 or the Native Amer4 ican Graves Protection and Repatriation Act to pri5 vate lands which are designated as an archaeological 

6 protection site. 

7 (b) MANAGEMENT PLAN.—

8 (1) IN GENERAL.—Within three complete fiscal 

9 years after the date funds are made available, the 

10 Secretary shall prepare and transmit to the Com11 mittee on Energy and Natural Resources of the 

12 United States Senate and the Committee on Natural 

13 Resources of the United States House of Represent14 atives, a general management plan for the identifica15 tion, research, protection, and public interpretation 

16 of—

17 (A) the archaeological protection sites lo18 cated on Federal land; and 

19 (B) for sites on State or private lands for 

20 which the Secretary has entered into coopera21 tive agreements pursuant to section 6 of this 

22 Act. 

23 (2) CONSULTATION.—The general management 

24 plan shall be developed by the Secretary in consulta25 tion with the Governor of New Mexico, the New 
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1 Mexico State Land Commissioner, affected Native 

2 American pueblos, and other interested parties. 

3 SEC. 6. COOPERATIVE AGREEMENTS. 

4 The Secretary is authorized to enter into cooperative 

5 agreements with owners of non-Federal lands with regard 

6 to an archaeological protection site, or portion thereof, lo7 cated on their property. The purpose of such an agreement 

8 shall be to enable the Secretary to assist with the protec9 tion, preservation, maintenance, and administration of the 

10 archaeological resources and associated lands. Where ap11 propriate, a cooperative agreement may also provide for 

12 public interpretation of the site. 

13 SEC. 7. ACQUISITIONS. 

14 (a) IN GENERAL.—The Secretary is authorized to ac15 quire lands and interests therein within the boundaries of 

16 the archaeological protection sites, including access there17 to, by donation, by purchase with donated or appropriated 

18 funds, or by exchange. 

19 (b) CONSENT OF OWNER REQUIRED.—The Secretary 

20 may only acquire lands or interests therein with the con21 sent of the owner thereof. 

22 (c) STATE LANDS.—The Secretary may acquire lands 

23 or interests therein owned by the State of New Mexico 

24 or a political subdivision thereof only by donation or ex-
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1 change, except that State trust lands may only be acquired 

2 by exchange. 

3 SEC. 8. WITHDRAWAL. 

4 Subject to valid existing rights, all Federal lands 

5 within the archaeological protection sites are hereby with6 drawn—

7 (1) from all forms of entry, appropriation, or 

8 disposal under the public land laws and all amend9 ments thereto; 

10 (2) from location, entry, and patent under the 

11 mining law and all amendments thereto; and 

12 (3) from disposition under all laws relating to 

13 mineral and geothermal leasing, and all amendments 

14 thereto. 

15 SEC. 9. SAVINGS PROVISIONS. 

16 Nothing in this Act shall be construed—

17 (1) to authorize the regulation of privately 

18 owned lands within an area designated as an archae19 ological protection site; 

20 (2) to modify, enlarge, or diminish any author21 ity of Federal, State, or local governments to regu22 late any use of privately owned lands; 

23 (3) to modify, enlarge, or diminish any author24 ity of Federal, State, tribal, or local governments to 
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1 manage or regulate any use of land as provided for 

2 by law or regulation; or 

3 (4) to restrict or limit a tribe from protecting 

4 cultural or religious sites on tribal lands. 

5 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated such sums as 

7 may be necessary to carry out this Act.

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