[108th Congress Public Law 208]
[From the U.S. Government Printing Office]

[DOCID: f:publ208.108]

[[Page 557]]


[[Page 118 STAT. 558]]

Public Law 108-208
108th Congress

                                 An Act

 To provide for the protection of archaeological sites in the Galisteo 
     Basin in New Mexico, and for other purposes. <<NOTE: Mar. 19, 
                          2004 -  [H.R. 506]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Galisteo Basin 
Archaeological Sites Protection Act. 16 USC 470aa note.>> 


    This Act may be cited as the ``Galisteo Basin Archaeological Sites 
Protection Act''.


    (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 
            (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 


    (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                               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

[[Page 118 STAT. 559]]

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.


    (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; 
            (2) <<NOTE: Deadline.>> 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.


    (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 
            (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.--

[[Page 118 STAT. 560]]

            (1) In general.--Within <<NOTE: Deadline.>> 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 
                    (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.


    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 


    (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.


    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.


    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;

[[Page 118 STAT. 561]]

            (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; 
            (4) to restrict or limit a tribe from protecting cultural or 
        religious sites on tribal lands.

    Approved March 19, 2004.


HOUSE REPORTS: No. 108-346 (Comm. on Resources).
SENATE REPORTS: No. 108-7 accompanying S. 210 (Comm. on Energy and 
Natural Resources).
                                                        Vol. 149 (2003):
                                    Nov. 4, considered and passed House.
                                                        Vol. 150 (2004):
                                    Mar. 4, considered and passed