Chaco Cultural Heritage Area Protection Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1404 To provide for the withdrawal and protection of certain Federal land in the State of New Mexico, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 2, 2023 Mr. LUJA´N (for himself and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To provide for the withdrawal and protection of certain Fed- eral land in the State of New Mexico, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Chaco Cultural Herit- 4 age Area Protection Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) there are archeological, sacred, and historic 8 resources located throughout the Greater Chaco re- 9 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1404 IS gion, which spans the States of New Mexico, Ari- 1 zona, Utah, and Colorado; 2 (2) the Chaco Culture National Historical Park, 3 a unit of the National Park System and a United 4 Nations Educational, Scientific and Cultural Organi- 5 zation World Heritage Site, is known around the 6 world— 7 (A) for multi-story buildings constructed 8 by the Chacoan people that are still standing; 9 and 10 (B) as the nerve center of a culture that 11 spread throughout and dominated the Four 12 Corners area during the 9th, 10th, and 11th 13 centuries; 14 (3) the Chacoan people built hundreds of miles 15 of roads and a network of villages, shrines, and com- 16 munications sites, many of which are still visible; 17 (4) many Pueblos and Indian Tribes in the 18 Four Corners area claim cultural affiliation with, 19 and are descended from, the Chacoan people; 20 (5) the landscape around the Chaco Culture 21 National Historical Park includes hundreds of inter- 22 nationally and nationally significant cultural re- 23 sources, including prehistoric roads, communities, 24 and shrines— 25 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1404 IS (A) many of which are related to the re- 1 sources found in the Chaco Culture National 2 Historical Park, including the resources recog- 3 nized by the amendment made by section 3 of 4 the Chacoan Outliers Protection Act of 1995 5 (16 U.S.C. 410ii note; Public Law 104–11) 6 providing for additional Chaco Culture Archeo- 7 logical Protection Sites; 8 (B) a significant number of which are con- 9 centrated within the immediate area sur- 10 rounding the Chaco Culture National Historical 11 Park; and 12 (C) that are commonly recognized by ar- 13 cheologists; 14 (6) long considered one of the best places for 15 stargazing in the world, Chaco Culture National 16 Historical Park— 17 (A) in 1991, established a night skies pro- 18 tection initiative and interpretive program to 19 protect the night sky in the area of the Chaco 20 Culture National Historical Park; and 21 (B) in 2013, was certified as an Inter- 22 national Dark Sky Park; 23 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1404 IS (7) the Greater Chaco region extends beyond 1 Chaco Culture National Historical Park and encom- 2 passes— 3 (A) local communities, including the Pueb- 4 lo Indian Tribes, Navajo Nation, Hopi Tribe, 5 and other Indian Tribes; and 6 (B) public and private land, which includes 7 additional cultural resources and sacred sites; 8 (8) for over 110 years, the Federal Government 9 has recognized the importance of the area in which 10 the Chacoan people lived and has acted to protect 11 historic and sacred sites in the area, including— 12 (A) Chaco Canyon, which was designated 13 as a National Monument in 1907 and as the 14 Chaco Culture National Historical Park in 15 1980; 16 (B) the Aztec Ruins, which was designated 17 as a National Monument in 1923 and expanded 18 in each of 1928, 1930, 1948, and 1988; and 19 (C) the 39 Chaco Culture Archeological 20 Protection Sites designated in 1995; 21 (9) recognizes that the standard for Tribal con- 22 sultation is outlined in Executive Order No. 13175 23 (25 U.S.C. 5301 note; relating to consultation and 24 coordination with Indian Tribal governments); 25 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1404 IS (10) extensive natural gas development has oc- 1 curred in the Greater Chaco region that affect the 2 health, safety, economies, and quality of life of local 3 communities; 4 (11) renewed interest in oil exploration and pro- 5 duction within the Mancos/Gallup Shale play has in- 6 creased the potential for— 7 (A) significant impacts on cultural and 8 other resources, the holistic experience of the 9 sacred landscape, and visitor experiences at the 10 Chaco Culture National Historical Park; and 11 (B) additional impacts on local commu- 12 nities in the Greater Chaco region, including 13 the Pueblo Indian Tribes, Navajo Nation, Hopi 14 Tribe, and other Indian Tribes; 15 (12) a mineral withdrawal in the landscape 16 around the Chaco Culture National Historical Park 17 would prevent leasing and development on Federal 18 land and of Federal minerals in the immediate area 19 surrounding the Chaco Culture National Historical 20 Park, which would protect resources and visitor ex- 21 periences at the Chaco Culture National Historical 22 Park; 23 (13) additional studies and protective measures 24 should be undertaken to address health, safety, and 25 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1404 IS environmental impacts on communities and interests 1 of the Pueblo Indian Tribes, Navajo Nation, Hopi 2 Tribe, and other Indian Tribes in the Greater Chaco 3 region; and 4 (14) the Greater Chaco region continues to be 5 used for ceremonial and cultural purposes by the 6 Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, 7 and other Indian Tribes. 8 SEC. 3. DEFINITIONS. 9 In this Act: 10 (1) COVERED LEASE.—The term ‘‘covered 11 lease’’ means any oil and gas lease for Federal 12 land— 13 (A) on which drilling operations have not 14 been commenced before the end of the primary 15 term of the applicable lease; 16 (B) that is not producing oil or gas in pay- 17 ing quantities; and 18 (C) that is not subject to a valid coopera- 19 tive or unit plan of development or operation 20 certified by the Secretary to be necessary. 21 (2) FEDERAL LAND.— 22 (A) IN GENERAL.—The term ‘‘Federal 23 land’’ means— 24 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1404 IS (i) any Federal land or interest in 1 Federal land that is within the boundaries 2 of the Chaco Cultural Heritage Withdrawal 3 Area, as depicted on the Withdrawal Map; 4 and 5 (ii) any land or interest in land lo- 6 cated within the boundaries of the Chaco 7 Cultural Heritage Withdrawal Area, as de- 8 picted on the Withdrawal Map, that is ac- 9 quired by the Federal Government after 10 the date of enactment of this Act. 11 (B) EXCLUSION.—The term ‘‘Federal 12 land’’ does not include trust land (as defined in 13 section 3765 of title 38, United States Code). 14 (3) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of the Interior. 16 (4) WITHDRAWAL MAP.—The term ‘‘With- 17 drawal Map’’ means the map prepared by the Bu- 18 reau of Land Management entitled ‘‘Proposed With- 19 drawal Chaco Culture National Historic Park Sur- 20 rounding Area’’ and dated January 6, 2022, as re- 21 ferred to in the notice of the Secretary entitled ‘‘No- 22 tice of Proposed Withdrawal and Public Meetings; 23 San Juan County, NM’’ (87 Fed. Reg. 785 (Janu- 24 ary 6, 2022)). 25 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1404 IS SEC. 4. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE 1 STATE OF NEW MEXICO. 2 (a) IN GENERAL.—Subject to any valid existing 3 rights, the Federal land is withdrawn from— 4 (1) all forms of entry, appropriation, and dis- 5 posal under the public land laws; 6 (2) location, entry, and patent under mining 7 laws; and 8 (3) operation of the mineral leasing, mineral 9 materials, and geothermal leasing laws. 10 (b) AVAILABILITY OF WITHDRAWAL MAP.—The 11 Withdrawal Map shall be made available for inspection at 12 each appropriate office of the Bureau of Land Manage- 13 ment. 14 (c) CONVEYANCE OF FEDERAL LAND TO INDIAN 15 TRIBES.—Notwithstanding subsection (a), the Secretary 16 may convey the Federal land to, or exchange the Federal 17 land with, an Indian Tribe in accordance with a resource 18 management plan that is approved as of the date of enact- 19 ment of this Act, as subsequently developed, amended, or 20 revised in accordance with the Federal Land Policy and 21 Management Act of 1976 (43 U.S.C. 1701 et seq.) and 22 any other applicable law. 23 (d) OIL AND GAS LEASE MANAGEMENT.— 24 (1) TERMINATION OF NON-PRODUCING 25 LEASES.—A covered lease— 26 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1404 IS (A) shall automatically terminate by oper- 1 ation of law pursuant to section 17(e) of the 2 Mineral Leasing Act (30 U.S.C. 226(e)) and 3 subpart 3108 of title 43, Code of Federal Regu- 4 lations (or successor regulations); and 5 (B) may not be extended by the Secretary. 6 (2) WITHDRAWAL OF TERMINATED, RELIN- 7 QUISHED, OR ACQUIRED LEASES.—Any portion of 8 the Federal land subject to a covered lease termi- 9 nated under paragraph (1) or otherwise or relin- 10 quished or acquired by the United States on or after 11 the date of enactment of this Act is withdrawn 12 from— 13 (A) all forms of entry, appropriation, and 14 disposal under the public land laws; 15 (B) location, entry, and patent under min- 16 ing laws; and 17 (C) operation of the mineral leasing, min- 18 eral materials, and geothermal leasing laws. 19 (e) EFFECT.—Nothing in this section— 20 (1) affects the mineral rights of an Indian 21 Tribe or a member of the Navajo Nation or any 22 other Indian Tribe to trust land or allotment land; 23 or 24 VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1404 IS (2) precludes improvements to, or rights-of-way 1 for water, power, utility, or road development on, the 2 Federal land to assist communities adjacent to or in 3 the vicinity of the Federal land. 4 Æ VerDate Sep 11 2014 00:27 May 11, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1404.IS S1404 pbinns on DSKJLVW7X2PROD with $$_JOB