[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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 559]]
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 560]]
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 561]]
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