[House Report 108-346]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-346
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GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION ACT
_______
November 4, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 506]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 506) to provide for the protection of archaeological
sites in the Galisteo Basin in New Mexico, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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
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 three 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.--
(1) In general.--Within three 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;
(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.
PURPOSE OF THE BILL
The purpose of H.R. 506 is to provide for he protection of
archeological sites in the Galisteo Basin in New Mexico.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 506 designates 24 sites in the Galisteo Basin as the
Galisteo Basin Archaeological Protection Sites comprising
approximately 4,591 acres. These sites contain the ruins of
Indian pueblos dating back almost 900 years. When 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 the
legislation are the largest pueblo ruins ever discovered.
H.R. 506 authorizes the Secretary of the Interior to enter
into cooperative agreements with affected landowners to protect
the resources. The bill 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. The Secretary is
further authorized to acquire lands within the sites, with the
``consent of the owner thereof,'' by purchase, donation, or
exchange.
COMMITTEE ACTION
H.R. 506 was introduced by Congressman Tom Udall (D-NM) on
January 29, 2003. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On October 29,
2003, the Full Resources Committee met to consider the bill.
The Subcommittee was discharged from further consideration of
the bill by unanimous consent. Congressman George Radanovich
(R-CA) offered an amendment in the nature of a substitute to
address property rights concerns. Specifically, the amendment:
(1) mandated that private landowners located within the
boundaries of these archeological sites have their property
removed upon written request to the Secretary, and (2) struck
the authorization of appropriation. The amendment was agreed to
by unanimous consent. The bill, as amended, was ordered
favorably reported to the House of Representatives by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, and Article IV, section 3, of the
Constitution of the United States grants Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office
(CBO) enactment of this bill could result in foregone receipts,
but CBO estimates ``that any foregone offsetting receipts would
be negligible.''
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 31, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 506, the Galisteo
Basin Archaeological Sites Protection Act.
If you wish further details on the estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis and Megan Carrol.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 506--Galisteo Basin Archaeological Sites Protection Act
CBO estimates that implementing H.R. 506 would not
significantly affect the federal budget. The bill could affect
direct spending, but we estimate that any such effects would be
negligible. H.R. 506 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.
H.R. 506 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. H.R.
506 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, H.R. 506
would withdraw federal lands within the proposed sites from
programs to develop geothermal and mineral resources.
Based on information obtained 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 would
be negligible.
On February 7, 2003, CBO transmitted a cost estimate for S.
210, the Gallisteo Basin Archaeological Sites Protection Act,
as ordered reported by the Senate Committee on Energy and
Natural Resources on February 5, 2003. The two versions of the
legislation are very similar, and our cost estimates are
identical.
The CBO staff contacts for this estimate are Deborah Reis
and Megan Carroll. This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.