I
107TH CONGRESS
2D SESSION
H. R. 5238
To provide for the protection of archeological sites in the Galisteo Basin
in New Mexico, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. UDALL of New Mexico introduced the following bill; which was referred
to the Committee on Resources
A BILL
To provide for the protection of archeological sites in the
Galisteo Basin in New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Galisteo Basin Archeo-
logical Protection Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The Galisteo Basin and surrounding area of
New Mexico is the location of many well preserved
prehistoric and historic archeological 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.
(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 archeological resources in the
Galisteo Basin in New Mexico.
SEC. 3. ESTABLISHMENT OF GALISTEO BASIN ARCHEO-
LOGICAL PROTECTION SITES.
(a) IN GENERAL.—The following archeological sites
located in the Galisteon Basin in the State of New Mexico,
totaling approximately 4,591 acres, are hereby designated
as Galisteo Basin Archeological Protection Sites:
Name
Acres
Arroyo Hondo Pueblo .......................................................
Burnt Corn Pueblo ...........................................................
110
Chamisa Locita Pueblo ....................................................
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 ......................................................
Lamy Pueblo ....................................................................
Lamy Junction Site ..........................................................
Las Huertas .....................................................................
Name
Acres
Pa ako Pueblo ..................................................................
Petroglyph Hill .................................................................
130
Pueblo Blanco ..................................................................
878
Pueblo Colorado ...............................................................
120
Pueblo Galisteo/Las Madres .............................................
133
Pueblo Largo ....................................................................
Pueblo She .......................................................................
120
Rote Chert Quarry ...........................................................
San Cristobal Pueblo ........................................................
520
San Lazaro Pueblo ...........................................................
360
San Marcos Pueblo ..........................................................
152
Upper Arroyo Hondo Pueblo ...........................................
Total Acreage .......................................................
4,591
(b) AVAILABILITY OF MAPS.—The archeological pro-
tection sites listed in subsection (b) are generally depicted
on a series of 19 maps entitled ‘‘Galisteo Basin Archeo-
logical Protection Sites’’ and dated July, 2002. The Sec-
retary of the Interior (in this Act referred to as the ‘‘Sec-
retary’’) shall keep the maps on file and available for pub-
lic inspection in appropriate offices in New Mexico of the
Bureau of Land Management and the National Park Serv-
ice.
(c) BOUNDARY ADJUSTMENTS.—The Secretary may
make minor boundary adjustments to the archeological
protection sites by publishing notice thereof in the Federal
Register.
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, not later than 3 years
after the date that funds become available for this
purpose and thereafter as needed, recommendations
for additions to, deletions from, and modifications of
the boundaries of the list of archeological protection
sites in section 3.
(b) ADDITIONS ONLY BY STATUTE.—Except as pro-
vided by section 3(d), 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) FEDERAL LANDS.—The Secretary shall ad-
minister archeological protection sites located on
Federal land in accordance with the provisions of
this Act, the Archeological Resources Protection Act
of 1979 (16 U.S.C. 470aa et seq.), the Native Amer-
ican 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
archeological resources and provide for research
thereon.
(2) NON-FEDERAL LANDS.—The Secretary shall
have no authority to administer archeological protec-
tion sites which are on non-Federal lands except to
the extent provided for in a cooperative agreement
entered into between the Secretary and the land-
owner.
(3) CLARIFICATION
RELATED
TO
PRIVATE
LANDS.—Nothing in this Act shall be construed to
extend the authorities of the Archeological Resources
Protection Act of 1979 or the Native American
Graves Protection and Repatriation Act to private
lands which are designated as an archeological pro-
tection site.
(b) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 complete
fiscal years after the date that funds are made avail-
able for this purpose, the Secretary shall prepare
and transmit to the Committee on Energy and Nat-
ural Resources of the Senate and the Committee on
Resources of the House of Representatives, a gen-
eral management plan for the identification, re-
search, protection, and public interpretation of—
(A) the archeological protection sites lo-
cated on Federal land; and
(B) sites on State or private lands for
which the Secretary has entered into coopera-
tive agreements pursuant to section 6.
(2) CONSULTATION.—The general management
plan shall be developed by the Secretary in consulta-
tion 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 archeological protection site, or portion thereof, lo-
cated on their property. The purpose of such an agreement
shall be to enable to the Secretary to assist with the pro-
tection, preservation, maintenance, and administration of
the archeological 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 ac-
quire, from willing sellers only, lands and interests therein
within the boundaries of the archeological protection sites,
including access thereto, by donation, by purchase with
donated or appropriated funds, or by exchange.
(b) STATE LANDS.—The Secretary may acquire
lands or interests therein owned by the State of New Mex-
ico or a political subdivision thereof only by donation or
exchange, except that State trust lands may only be ac-
quired by exchange.
SEC. 8. WITHDRAWAL.
Subject to valid existing rights, all Federal lands
within the archeological protection sites are hereby
withdrawn—
(1) from all forms of entry, appropriation, or
disposal under the public land laws and all amend-
ments 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 archeo-
logical protection site;
(2) to modify, enlarge, or diminish any author-
ity of Federal, State, or local governments to regu-
late any use of privately owned lands;
(3) to modify, enlarge, or diminish any author-
ity 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.
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