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 colo-
nial 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 signifi-
cant 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 .......................................................................
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 ......................................................................................
Pa’ako Pueblo ....................................................................................
Petroglyph Hill .................................................................................
130
Pueblo Blanco ...................................................................................
878
Pueblo Colorado ................................................................................
120
Pueblo Galisteo/Las Madres ............................................................
133
H. R. 506—2
Name
Acres
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 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 pub-
lishing 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 bound-
aries 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 Protec-
tion 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 Repatri-
ation Act to private lands which are designated as an archae-
ological protection site.
(b) MANAGEMENT PLAN.—
H. R. 506—3
(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 Fed-
eral land; and
(B) for sites on State or private lands for which the
Secretary has entered into cooperative agreements pursu-
ant 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 agree-
ments with owners of non-Federal lands with regard to an archae-
ological 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;
H. R. 506—4
(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.