Chaco Cultural Heritage Area Protection Act of 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 2181 IN THE SENATE OF THE UNITED STATES OCTOBER 31, 2019 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To provide for the withdrawal and protection of certain Federal land in the State of New Mexico. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 2 HR 2181 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Chaco Cultural Herit- 2 age Area Protection Act of 2019’’. 3 SEC. 2. FINDINGS. 4 Congress finds that— 5 (1) there are archeological, sacred, and historic 6 resources located throughout the Greater Chaco re- 7 gion, which spans the States of New Mexico, Ari- 8 zona, Utah, and Colorado; 9 (2) the Chaco Culture National Historical Park, 10 a unit of the National Park System and a United 11 Nations Educational, Scientific and Cultural Organi- 12 zation World Heritage Site, is known around the 13 world— 14 (A) for multi-story buildings constructed 15 by the Chacoan people that are still standing; 16 and 17 (B) as the nerve center of a culture that 18 spread throughout and dominated the Four 19 Corners area during the 9th, 10th, and 11th 20 centuries; 21 (3) the Chacoan people built hundreds of miles 22 of roads and a network of villages, shrines, and com- 23 munications sites, many of which are still visible; 24 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 3 HR 2181 RFS (4) many Pueblos and Indian Tribes in the 1 Four Corners area claim cultural affiliation with, 2 and are descended from, the Chacoan people; 3 (5) the landscape around the Chaco Culture 4 National Historical Park includes hundreds of inter- 5 nationally and nationally significant cultural re- 6 sources, including prehistoric roads, communities, 7 and shrines— 8 (A) many of which are related to the re- 9 sources found in the Chaco Culture National 10 Historical Park, including the resources recog- 11 nized by the amendment made by section 3 of 12 the Chacoan Outliers Protection Act of 1995 13 (16 U.S.C. 410ii note; Public Law 104–11) 14 providing for additional Chaco Culture Archeo- 15 logical Protection Sites; 16 (B) a significant number of which are con- 17 centrated within the immediate area sur- 18 rounding the Chaco Culture National Historical 19 Park; and 20 (C) that are commonly recognized by ar- 21 cheologists; 22 (6) long considered one of the best places for 23 stargazing in the world, Chaco Culture National 24 Historical Park— 25 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 4 HR 2181 RFS (A) in 1991, established a night skies pro- 1 tection initiative and interpretive program to 2 protect the night sky in the area of the Chaco 3 Culture National Historical Park; and 4 (B) in 2013, was certified as an Inter- 5 national Dark Sky Park; 6 (7) the Greater Chaco landscape in the State of 7 New Mexico extends beyond Chaco Culture National 8 Historical Park and encompasses— 9 (A) local communities, including Pueblos 10 and Indian Tribes; and 11 (B) public land, which includes additional 12 cultural resources and sacred sites; 13 (8) for over 110 years, the Federal Government 14 has recognized the importance of the area in which 15 the Chacoan people lived and has acted to protect 16 historic and sacred sites in the area, including— 17 (A) Chaco Canyon, which was designated 18 as a National Monument in 1907 and as the 19 Chaco Culture National Historical Park in 20 1980; 21 (B) the Aztec Ruins, which was designated 22 as a National Monument in 1923 and expanded 23 in each of 1928, 1930, 1948, and 1988; and 24 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 5 HR 2181 RFS (C) the 39 Chaco Culture Archeological 1 Protection Sites designated in 1995; 2 (9) recognizes that the standard for Tribal con- 3 sultation is outlined in Executive Order No. 13175 4 (25 U.S.C. 5301 note; relating to consultation and 5 coordination with Indian Tribal governments); 6 (10) extensive natural gas development has oc- 7 curred in the Greater Chaco region that affect the 8 health, safety, economies, and quality of life of local 9 communities; 10 (11) renewed interest in oil exploration and pro- 11 duction within the Mancos/Gallup Shale play has in- 12 creased the potential for— 13 (A) significant impacts on resources and 14 visitor experiences at the Chaco Culture Na- 15 tional Historical Park; and 16 (B) additional impacts on local commu- 17 nities in the Greater Chaco region, including 18 Pueblos and Indian Tribes; 19 (12) a mineral withdrawal in the landscape 20 around the Chaco Culture National Historical Park 21 would prevent leasing and development on Federal 22 lands and of Federal minerals in the immediate area 23 surrounding the Chaco Culture National Historical 24 Park, which would protect resources and visitor ex- 25 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 6 HR 2181 RFS periences at the Chaco Culture National Historical 1 Park; and 2 (13) additional studies and protective measures 3 should be undertaken to address health, safety, and 4 environmental impacts on communities and interests 5 of Pueblos and Indian Tribes in the Greater Chaco 6 landscape. 7 SEC. 3. DEFINITIONS. 8 In this Act: 9 (1) COVERED LEASE.—The term ‘‘covered 10 lease’’ means any oil and gas lease for Federal 11 land— 12 (A) on which drilling operations have not 13 been commenced before the end of the primary 14 term of the applicable lease; 15 (B) that is not producing oil or gas in pay- 16 ing quantities; and 17 (C) that is not subject to a valid coopera- 18 tive or unit plan of development or operation 19 certified by the Secretary to be necessary. 20 (2) FEDERAL LAND.— 21 (A) IN GENERAL.—The term ‘‘Federal 22 land’’ means— 23 (i) any Federal land or interest in 24 Federal land that is within the boundaries 25 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 7 HR 2181 RFS of the Chaco Cultural Heritage Withdrawal 1 Area, as depicted on the Map; and 2 (ii) any land or interest in land lo- 3 cated within the boundaries of the Chaco 4 Cultural Heritage Withdrawal Area, as de- 5 picted on the Map, that is acquired by the 6 Federal Government after the date of en- 7 actment of this Act. 8 (B) EXCLUSION.—The term ‘‘Federal 9 land’’ does not include trust land (as defined in 10 section 3765 of title 38, United States Code). 11 (3) MAP.—The term ‘‘Map’’ means the map 12 prepared by the Bureau of Land Management enti- 13 tled ‘‘Chaco Cultural Heritage Withdrawal Area’’ 14 and dated April 2, 2019. 15 (4) SECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of the Interior. 17 SEC. 4. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE 18 STATE OF NEW MEXICO. 19 (a) IN GENERAL.—Subject to any valid existing 20 rights, the Federal land is withdrawn from— 21 (1) all forms of entry, appropriation, and dis- 22 posal under the public land laws; 23 (2) location, entry, and patent under mining 24 laws; and 25 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 8 HR 2181 RFS (3) operation of the mineral leasing, mineral 1 materials, and geothermal leasing laws. 2 (b) AVAILABILITY OF MAP.—The Map shall be made 3 available for inspection at each appropriate office of the 4 Bureau of Land Management. 5 (c) CONVEYANCE OF FEDERAL LAND TO INDIAN 6 TRIBES.—Notwithstanding subsection (a), the Secretary 7 may convey the Federal land to, or exchange the Federal 8 land with, an Indian Tribe in accordance with a resource 9 management plan that is approved as of the date of enact- 10 ment of this Act, as subsequently developed, amended, or 11 revised in accordance with the Federal Land Policy and 12 Management Act of 1976 (43 U.S.C. 1701 et seq.) and 13 any other applicable law. 14 SEC. 5. OIL AND GAS LEASE MANAGEMENT. 15 (a) TERMINATION OF NON-PRODUCING LEASES.—A 16 covered lease— 17 (1) shall automatically terminate by operation 18 of law pursuant to section 17(e) of the Mineral 19 Leasing Act (30 U.S.C. 226(e)) and subpart 3108 20 of title 43, Code of Federal Regulations (or suc- 21 cessor regulations); and 22 (2) may not be extended by the Secretary. 23 (b) WITHDRAWAL OF TERMINATED, RELINQUISHED, 24 OR ACQUIRED LEASES.—Any portion of the Federal land 25 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 9 HR 2181 RFS subject to a covered lease terminated under subsection (a) 1 or otherwise or relinquished or acquired by the United 2 States on or after the date of enactment of this Act is 3 withdrawn from— 4 (1) all forms of entry, appropriation, and dis- 5 posal under the public land laws; 6 (2) location, entry, and patent undermining 7 laws; and 8 (3) operation of the mineral leasing, mineral 9 materials, and geothermal leasing laws. 10 SEC. 6. EFFECT. 11 Nothing in this Act— 12 (1) affects the mineral rights of an Indian 13 Tribe or member of an Indian Tribe to trust land 14 or allotment land; or 15 (2) precludes improvements to, or rights-of-way 16 for water, power, or road development on, the Fed- 17 eral land to assist communities adjacent to or in the 18 vicinity of the Federal land. 19 SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 20 The budgetary effects of this Act, for the purpose of 21 complying with the Statutory Pay-As-You-Go Act of 2010, 22 shall be determined by reference to the latest statement 23 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 24 Act, submitted for printing in the Congressional Record 25 VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS 10 HR 2181 RFS by the Chairman of the House Budget Committee, pro- 1 vided that such statement has been submitted prior to the 2 vote on passage. 3 Passed the House of Representatives October 30, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:51 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2181.RFS H2181 SSpencer on DSKBBXCHB2PROD with BILLS