108TH CONGRESS

1ST SESSION S. 210

AN ACT

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’’.
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1 SEC. 2. FINDINGS AND PURPOSE.

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

3 (1) the Galisteo Basin and surrounding area of

4 New Mexico is the location of many well preserved

5 prehistoric and historic archaeological resources of

6 Native American and Spanish colonial cultures;

7 (2) these resources include the largest ruins of

8 Pueblo Indian settlements in the United States,

9 spectacular examples of Native American rock art,

10 and ruins of Spanish colonial settlements; and

11 (3) these resources are being threatened by nat12 ural causes, urban development, vandalism, and un13 controlled excavations.

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

15 for the preservation, protection, and interpretation of the

16 nationally significant archaeological resources in the

17 Galisteo Basin in New Mexico.

18 SEC. 3. GALISTEO BASIN ARCHAEOLOGICAL PROTECTION

19 SITES.

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

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

22 totaling approximately 4,591 acres, are hereby designated

23 as Galisteo Basin Archaeological Protection Sites:

Name Acres

Arroyo Hondo Pueblo .............................................................. 21

Burnt Corn Pueblo .................................................................. 110

Chamisa Locita Pueblo ............................................................ 16

Comanche Gap Petroglyphs ..................................................... 764
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Name Acres

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

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—
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1 (1) continue to search for additional Native

2 American and Spanish colonial sites in the Galisteo

3 Basin area of New Mexico; and

4 (2) submit to Congress, within three years after

5 the date funds become available and thereafter as

6 needed, recommendations for additions to, deletions

7 from, and modifications of the boundaries of the list

8 of archaeological protection sites in section 3 of this

9 Act.

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

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

12 an Act of Congress.

13 SEC. 5. ADMINISTRATION.

14 (a) IN GENERAL.—

15 (1) The Secretary shall administer archae16 ological protection sites located on Federal land in

17 accordance with the provisions of this Act, the Ar18 chaeological Resources Protection Act of 1979 (16

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

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

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

22 will protect, preserve, and maintain the archae23 ological resources and provide for research thereon.

24 (2) The Secretary shall have no authority to ad25 minister archaeological protection sites which are on
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1 non-Federal lands except to the extent provided for

2 in a cooperative agreement entered into between the

3 Secretary and the landowner.

4 (3) Nothing in this Act shall be construed to

5 extend the authorities of the Archaeological Re6 sources Protection Act of 1979 or the Native Amer7 ican Graves Protection and Repatriation Act to pri8 vate lands which are designated as an archaeological

9 protection site.

10 (b) MANAGEMENT PLAN.—

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

12 years after the date funds are made available, the

13 Secretary shall prepare and transmit to the Com14 mittee on Energy and Natural Resources of the

15 United States Senate and the Committee on Natural

16 Resources of the United States House of Represent17 atives, a general management plan for the identifica18 tion, research, protection, and public interpretation

19 of—

20 (A) the archaeological protection sites lo21 cated on Federal land; and

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

23 which the Secretary has entered into coopera24 tive agreements pursuant to section 6 of this

25 Act.
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1 (2) CONSULTATION.—The general management

2 plan shall be developed by the Secretary in consulta3 tion with the Governor of New Mexico, the New

4 Mexico State Land Commissioner, affected Native

5 American pueblos, and other interested parties.

6 SEC. 6. COOPERATIVE AGREEMENTS.

7 The Secretary is authorized to enter into cooperative

8 agreements with owners of non-Federal lands with regard

9 to an archaeological protection site, or portion thereof, lo10 cated on their property. The purpose of such an agreement

11 shall be to enable the Secretary to assist with the protec12 tion, preservation, maintenance, and administration of the

13 archaeological resources and associated lands. Where ap14 propriate, a cooperative agreement may also provide for

15 public interpretation of the site.

16 SEC. 7. ACQUISITIONS.

17 (a) IN GENERAL.—The Secretary is authorized to ac18 quire lands and interests therein within the boundaries of

19 the archaeological protection sites, including access there20 to, by donation, by purchase with donated or appropriated

21 funds, or by exchange.

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

23 may only acquire lands or interests therein with the con24 sent of the owner thereof.
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1 (c) STATE LANDS.—The Secretary may acquire lands

2 or interests therein owned by the State of New Mexico

3 or a political subdivision thereof only by donation or ex4 change, except that State trust lands may only be acquired

5 by exchange.

6 SEC. 8. WITHDRAWAL.

7 Subject to valid existing rights, all Federal lands

8 within the archaeological protection sites are hereby

9 withdrawn—

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

11 disposal under the public land laws and all amend12 ments thereto;

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

14 mining law and all amendments thereto; and

15 (3) from disposition under all laws relating to

16 mineral and geothermal leasing, and all amendments

17 thereto.

18 SEC. 9. SAVINGS PROVISIONS.

19 Nothing in this Act shall be construed—

20 (1) to authorize the regulation of privately

21 owned lands within an area designated as an archae22 ological protection site;

23 (2) to modify, enlarge, or diminish any author24 ity of Federal, State, or local governments to regu25 late any use of privately owned lands;
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1 (3) to modify, enlarge, or diminish any author2 ity of Federal, State, tribal, or local governments to

3 manage or regulate any use of land as provided for

4 by law or regulation; or

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

6 cultural or religious sites on tribal lands.

7 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated such sums as

9 may be necessary to carry out this Act.

Passed the Senate March 4, 2003.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION S. 210

AN ACT

To provide for the protection of archaeological sites

in the Galisteo Basin in New Mexico, and forother purposes.