108TH CONGRESS

1ST SESSION H. R. 506

AN ACT

To provide for the protection of archaeological sites

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

108TH CONGRESS

1ST SESSION H. R. 506

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,
2

•HR 506 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Galisteo Basin Archae3 ological Sites Protection Act’’.

4 SEC. 2. FINDINGS AND PURPOSE.

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

6 (1) the Galisteo Basin and surrounding area of

7 New Mexico is the location of many well preserved

8 prehistoric and historic archaeological resources of

9 Native American and Spanish colonial cultures;

10 (2) these resources include the largest ruins of

11 Pueblo Indian settlements in the United States,

12 spectacular examples of Native American rock art,

13 and ruins of Spanish colonial settlements; and

14 (3) these resources are being threatened by nat15 ural causes, urban development, vandalism, and un16 controlled excavations.

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

18 for the preservation, protection, and interpretation of the

19 nationally significant archaeological resources in the

20 Galisteo Basin in New Mexico.

21 SEC. 3. GALISTEO BASIN ARCHAEOLOGICAL PROTECTION

22 SITES.

23 (a) IN GENERAL.—Except as provided in subsection

24 (d), the following archaeological sites located in the

25 Galisteo Basin in the State of New Mexico, totaling ap-
3

•HR 506 EH

1 proximately 4,591 acres, are hereby designated as Galisteo

2 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

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

3 (b) AVAILABILITY OF MAPS.—The archaeological

4 protection sites listed in subsection (a) are generally de5 picted on a series of 19 maps entitled ‘‘Galisteo Basin Ar6 chaeological Protection Sites’’ and dated July, 2002. The

7 Secretary of the Interior (hereinafter referred to as the

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

9 public inspection in appropriate offices in New Mexico of

10 the Bureau of Land Management and the National Park

11 Service.

12 (c) BOUNDARY ADJUSTMENTS.—The Secretary may

13 make minor boundary adjustments to the archaeological
4

•HR 506 EH

1 protection sites by publishing notice thereof in the Federal

2 Register.

3 (d) WITHDRAWAL OF PRIVATE PROPERTY.—Upon

4 the written request of an owner of private property in5 cluded within the boundary of an archaeological site pro6 tected under this Act, the Secretary shall immediately re7 move that private property from within that boundary.

8 SEC. 4. ADDITIONAL SITES.

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

10 (1) continue to search for additional Native

11 American and Spanish colonial sites in the Galisteo

12 Basin area of New Mexico; and

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

14 the date funds become available and thereafter as

15 needed, recommendations for additions to, deletions

16 from, and modifications of the boundaries of the list

17 of archaeological protection sites in section 3 of this

18 Act.

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

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

21 an Act of Congress.

22 SEC. 5. ADMINISTRATION.

23 (a) IN GENERAL.—

24 (1) The Secretary shall administer archae25 ological protection sites located on Federal land in
5

•HR 506 EH

1 accordance with the provisions of this Act, the Ar2 chaeological Resources Protection Act of 1979 (16

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

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

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

6 will protect, preserve, and maintain the archae7 ological resources and provide for research thereon.

8 (2) The Secretary shall have no authority to ad9 minister archaeological protection sites which are on

10 non-Federal lands except to the extent provided for

11 in a cooperative agreement entered into between the

12 Secretary and the landowner.

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

14 extend the authorities of the Archaeological Re15 sources Protection Act of 1979 or the Native Amer16 ican Graves Protection and Repatriation Act to pri17 vate lands which are designated as an archaeological

18 protection site.

19 (b) MANAGEMENT PLAN.—

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

21 years after the date funds are made available, the

22 Secretary shall prepare and transmit to the Com23 mittee on Energy and Natural Resources of the

24 United States Senate and the Committee on Re25 sources of the United States House of Representa-
6

•HR 506 EH

1 tives, a general management plan for the identifica2 tion, research, protection, and public interpretation

3 of—

4 (A) the archaeological protection sites lo5 cated on Federal land; and

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

7 which the Secretary has entered into coopera8 tive agreements pursuant to section 6 of this

9 Act.

10 (2) CONSULTATION.—The general management

11 plan shall be developed by the Secretary in consulta12 tion with the Governor of New Mexico, the New

13 Mexico State Land Commissioner, affected Native

14 American pueblos, and other interested parties.

15 SEC. 6. COOPERATIVE AGREEMENTS.

16 The Secretary is authorized to enter into cooperative

17 agreements with owners of non-Federal lands with regard

18 to an archaeological protection site, or portion thereof, lo19 cated on their property. The purpose of such an agreement

20 shall be to enable the Secretary to assist with the protec21 tion, preservation, maintenance, and administration of the

22 archaeological resources and associated lands. Where ap23 propriate, a cooperative agreement may also provide for

24 public interpretation of the site.
7

•HR 506 EH

1 SEC. 7. ACQUISITIONS.

2 (a) IN GENERAL.—The Secretary is authorized to ac3 quire lands and interests therein within the boundaries of

4 the archaeological protection sites, including access there5 to, by donation, by purchase with donated or appropriated

6 funds, or by exchange.

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

8 may only acquire lands or interests therein with the con9 sent of the owner thereof.

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

11 or interests therein owned by the State of New Mexico

12 or a political subdivision thereof only by donation or ex13 change, except that State trust lands may only be acquired

14 by exchange.

15 SEC. 8. WITHDRAWAL.

16 Subject to valid existing rights, all Federal lands

17 within the archaeological protection sites are hereby

18 withdrawn—

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

20 disposal under the public land laws and all amend21 ments thereto;

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

23 mining law and all amendments thereto; and

24 (3) from disposition under all laws relating to

25 mineral and geothermal leasing, and all amendments

26 thereto.
8

•HR 506 EH

1 SEC. 9. SAVINGS PROVISIONS.

2 Nothing in this Act shall be construed—

3 (1) to authorize the regulation of privately

4 owned lands within an area designated as an archae5 ological protection site;

6 (2) to modify, enlarge, or diminish any author7 ity of Federal, State, or local governments to regu8 late any use of privately owned lands;

9 (3) to modify, enlarge, or diminish any author10 ity of Federal, State, tribal, or local governments to

11 manage or regulate any use of land as provided for

12 by law or regulation; or

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

14 cultural or religious sites on tribal lands.

Passed the House of Representatives November 4,

2003.

Attest:

Clerk.