[Senate Report 108-7]
[From the U.S. Government Publishing Office]
Calendar No. 15
108th Congress Report
SENATE
1st Session 108-7
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GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION ACT
_______
February 11, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 210]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 210) to provide for the protection of
archaeological sites in the Galisteo Basin in New Mexico, and
for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
PURPOSE
The purpose of S. 210 is to establish a system of
archaeological protection sites in the Galisteo Basin in New
Mexico.
BACKGROUND AND NEED
S. 210 would designate a system of 24 sites in the Galisteo
Basin in New Mexico, located southeast of Santa Fe, as
archaeological protection sites. These sites contain the ruins
of Indian pueblos dating back almost 900 years. When Coronado
and Spanish conquistadores first entered what is now New Mexico
in 1541, they encountered a thriving Pueblo culture, with its
own traditions of religion, architecture, and art, influenced
through an extensive trade system. These pueblos remained
occupied up through the Pueblo revolt in 1680. When the Spanish
returned to the area several years later, the sites were
deserted, ending a period of over 700 years of continuous use.
Included among the sites that would be protected under S. 210
are the largest pueblo ruins ever discovered.
In addition to the pueblo ruins, many of the sites contain
historic artifacts and sites relating to the Spanish
colonization of the area, including ruins of some of the oldest
Spanish missions built in this country. Many of the sites are
now threatened by development, erosion, vandalism, or other
threats. S. 210 authorizes the Secretary of the Interior to
enter into cooperative agreements with affected landowners to
protect these resources.
The Department of the Interior submitted formal legislative
views in support of substantially similar legislation on behalf
of the Administration on October 24, 2002.
LEGISLATIVE HISTORY
S. 210 was introduced by Senator Bingaman on January 23,
2003. During the 107th Congress the Committee considered
similar legislation sponsored by Senator Bingaman, S. 2776. The
Full Committee held a hearing on S. 2776 in Santa Fe, New
Mexico on August 7, 2002, and the Subcommittee on National
Parks held a hearing on the bill on September 19, 2002. The
Committee ordered S. 2276 favorably reported with an amendment
on October 4, 2002. The text of the bill was adopted by the
Senate as part of an amendment to S. 941, which passed the
Senate by unanimous consent.
At its business meeting on February 5, 2003, the Committee
ordered S. 210 favorably reported without amendment.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on February 5, 2003, by a voice vote of a
quorum present, recommends that the Senate pass S. 210 as
described herein.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the bill the ``Galisteo Basin
Archaeological Sites Protection Act.''
Section 2(a) contains congressional findings.
Subsection (b) states that the purpose of the Act is to
provide for the preservation, protection, and interpretation of
the nationally significant archaeological resources in the
Galisteo Basin in New Mexico.
Section 3 designates 24 sites in the Galisteo Basin as
``Galisteo Basin Archaeological Protection Sites.'' The sites
comprise approximately 4,591 acres. The sites listed are
identified on a series of 19 maps. The Secretary of the
Interior (``Secretary'') is authorized to make minor boundary
adjustments to the sites by publishing a notice in the Federal
Register.
Section 4 directs the Secretary to search for additional
Native American and Spanish colonial sites in the Galisteo
Basin and submit to Congress recommendations for additions,
deletions, or modifications to the list of archaeological
protection sites. New additions to the system may only be made
by Act of Congress.
Section 5(a) directs the Secretary to administer
archaeological protection sites located on Federal land in
accordance with the Archaeological Resources Protection Act
(ARPA), the Native American Graves and Repatriation Act
(NAGPRA), and other applicable laws in a manner that will
protect, preserve, and maintain the archaeological resources
and allow for continuing research on them. The subsection
clarifies that the Secretary shall have no authority to
administer sites on non-Federal lands except to the extent
provided for in a cooperative agreement entered into between
the Secretary and the landowner. The subsection further
clarifies that nothing in this Act shall be construed to extend
the authorities of either ARPA or NAGPRA to private lands which
are designated as an archaeological protection site.
Subsection (b) directs the Secretary to prepare a general
management plan for the identification, research, protection,
and public interpretation of sites located on Federal land as
well as for other sites for which the Secretary has entered
into a cooperative agreement pursuant to section 6.
Section 6 authorizes the Secretary to enter into
cooperative agreements with owners of non-Federal lands
regarding an archaeological protection site located on their
property. The purpose of the agreements is to enable the
Secretary to assist with the protection, preservation,
maintenance, administration, and where appropriate,
interpretation of the sites.
Section 7 authorizes the Secretary to acquire lands within
the sites, on a willing seller basis, by purchase, donation, or
exchange. Lands owned by the State of New Mexico could be
acquired onlyby donation, or for State trust lands, by
exchange.
Section 8 withdraws the sites on Federal lands from the
public lands laws, mining law, and mineral and geothermal laws,
subject to valid existing rights.
Section 9 contains several provisions to clarify that the
Act does not authorize the regulation of private property,
diminish the authority of any government, or restrict or limit
an Indian tribe or pueblo from protecting cultural or religious
sites on tribal lands.
Section 10 authorizes the appropriation of such sums as may
be necessary to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 7, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 210, the Galisteo
Basin Archaeological Sites Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas Holtz-Eakin, Director.
Enclosure.
S. 210--Galisteo Basin Archaelogical Sites Protection Act
CBO estimates that implementing S. 210 would not
significantly affect the federal budget. The bill could affect
direct spending, but we estimate that any such effects would be
negligible. S. 210 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
S. 210 would designate 24 sites in New Mexico as the
Galisteo Basin Archaeological Protection Sites. The bill would
direct the Secretary of the Interior, in consultation with
state and local entities, to develop a management plan for
those sites, but it specifies that the Secretary would only
have authority to administer federal lands within them. S. 210
would authorize the Secretary, at the request of nonfederal
landowners, to enter into cooperative agreements with those
landowners to protect and manage archaeological resources on
their lands. The bill also would authorize the Secretary to
acquire such lands from willing sellers. Finally, S. 210 would
withdraw federal lands within the proposed sites from programs
to develop geothermal and mineral resources.
Based on information from the Bureau of Land Management
(BLM), CBO estimates that the agency would spend less than
$500,000 annually to develop a management plan, implement
cooperative agreements, and acquire nonfederal lands, assuming
appropriation of the necessary amounts. Withdrawing federal
lands from programs to develop certain resources could result
in forgone receipts (a credit against direct spending) if,
under current law, the lands would generate income from such
activities. According to BLM, however, the federal lands within
the proposed sites currently generate no significant receipts
and are not expected to do so over the next 10 years; hence, we
estimate that any forgone offsetting receipts under S. 210
would be negligible.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Paul R. Cullinan, Chief for Human
Resources Cost Estimates Unit of the Budget Analysis Division.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 210. The Act is not a regulatory measure in the
sense of imposing Government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 210.
EXECUTIVE COMMUNICATIONS
On, February 6, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 210. These reports
had not been received at the time the report on S. 210 was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 210, as ordered
reported.