H. R. 506

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

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

Mexico, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Galisteo Basin Archaeological

Sites Protection Act’’.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that—

(1) the Galisteo Basin and surrounding area of New Mexico

is the location of many well preserved prehistoric and historic

archaeological resources of Native American and Spanish colonial cultures;

(2) these resources include the largest ruins of Pueblo

Indian settlements in the United States, spectacular examples

of Native American rock art, and ruins of Spanish colonial

settlements; and

(3) these resources are being threatened by natural causes,

urban development, vandalism, and uncontrolled excavations.

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

preservation, protection, and interpretation of the nationally significant archaeological resources in the Galisteo Basin in New Mexico.

SEC. 3. GALISTEO BASIN ARCHAEOLOGICAL PROTECTION SITES.

(a) IN GENERAL.—Except as provided in subsection (d), the

following archaeological sites located in the Galisteo Basin in the

State of New Mexico, totaling approximately 4,591 acres, are hereby

designated 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

Petroglyph Hill ................................................................................. 130

Pueblo Blanco ................................................................................... 878

Pueblo Colorado ................................................................................ 120

Pueblo Galisteo/Las Madres ............................................................ 133
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Name Acres

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

(b) AVAILABILITY OF MAPS.—The archaeological protection sites

listed in subsection (a) are generally depicted on a series of 19

maps entitled ‘‘Galisteo Basin Archaeological Protection Sites’’ and

dated July, 2002. The Secretary of the Interior (hereinafter referred

to as the ‘‘Secretary’’) shall keep the maps on file and available

for public inspection in appropriate offices in New Mexico of the

Bureau of Land Management and the National Park Service.

(c) BOUNDARY ADJUSTMENTS.—The Secretary may make minor

boundary adjustments to the archaeological protection sites by publishing notice thereof in the Federal Register.

(d) WITHDRAWAL OF PRIVATE PROPERTY.—Upon the written

request of an owner of private property included within the

boundary of an archaeological site protected under this Act, the

Secretary shall immediately remove that private property from

within that boundary.

SEC. 4. ADDITIONAL SITES.

(a) IN GENERAL.—The Secretary shall—

(1) continue to search for additional Native American and

Spanish colonial sites in the Galisteo Basin area of New Mexico;

and

(2) submit to Congress, within 3 years after the date funds

become available and thereafter as needed, recommendations

for additions to, deletions from, and modifications of the boundaries of the list of archaeological protection sites in section

3 of this Act.

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

from the list in section 3 shall be made only by an Act of Congress.

SEC. 5. ADMINISTRATION.

(a) IN GENERAL.—

(1) The Secretary shall administer archaeological protection

sites located on Federal land in accordance with the provisions

of this Act, the Archaeological Resources Protection Act of 1979

(16 U.S.C. 470aa et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and other

applicable laws in a manner that will protect, preserve, and

maintain the archaeological resources and provide for research

thereon.

(2) The Secretary shall have no authority to administer

archaeological protection sites which are on non-Federal lands

except to the extent provided for in a cooperative agreement

entered into between the Secretary and the landowner.

(3) Nothing in this Act shall be construed to extend the

authorities of the Archaeological Resources Protection Act of

1979 or the Native American Graves Protection and Repatriation Act to private lands which are designated as an archaeological protection site.

(b) MANAGEMENT PLAN.—
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(1) IN GENERAL.—Within 3 complete fiscal years after the

date funds are made available, the Secretary shall prepare

and transmit to the Committee on Energy and Natural

Resources of the United States Senate and the Committee

on Resources of the United States House of Representatives,

a general management plan for the identification, research,

protection, and public interpretation of—

(A) the archaeological protection sites located on Federal land; and

(B) for sites on State or private lands for which the

Secretary has entered into cooperative agreements pursuant to section 6 of this Act.

(2) CONSULTATION.—The general management plan shall

be developed by the Secretary in consultation with the Governor

of New Mexico, the New Mexico State Land Commissioner,

affected Native American pueblos, and other interested parties.

SEC. 6. COOPERATIVE AGREEMENTS.

The Secretary is authorized to enter into cooperative agreements with owners of non-Federal lands with regard to an archaeological protection site, or portion thereof, located on their property.

The purpose of such an agreement shall be to enable the Secretary

to assist with the protection, preservation, maintenance, and

administration of the archaeological resources and associated lands.

Where appropriate, a cooperative agreement may also provide for

public interpretation of the site.

SEC. 7. ACQUISITIONS.

(a) IN GENERAL.—The Secretary is authorized to acquire lands

and interests therein within the boundaries of the archaeological

protection sites, including access thereto, by donation, by purchase

with donated or appropriated funds, or by exchange.

(b) CONSENT OF OWNER REQUIRED.—The Secretary may only

acquire lands or interests therein with the consent of the owner

thereof.

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

therein owned by the State of New Mexico or a political subdivision

thereof only by donation or exchange, except that State trust lands

may only be acquired by exchange.

SEC. 8. WITHDRAWAL.

Subject to valid existing rights, all Federal lands within the

archaeological protection sites are hereby withdrawn—

(1) from all forms of entry, appropriation, or disposal under

the public land laws and all amendments thereto;

(2) from location, entry, and patent under the mining law

and all amendments thereto; and

(3) from disposition under all laws relating to mineral

and geothermal leasing, and all amendments thereto.

SEC. 9. SAVINGS PROVISIONS.

Nothing in this Act shall be construed— (1) to authorize the regulation of privately owned lands

within an area designated as an archaeological protection site;

(2) to modify, enlarge, or diminish any authority of Federal,

State, or local governments to regulate any use of privately

owned lands;
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(3) to modify, enlarge, or diminish any authority of Federal,

State, tribal, or local governments to manage or regulate any

use of land as provided for by law or regulation; or

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

or religious sites on tribal lands.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.