Chaco Cultural Heritage Area Protection Act of 2019
This bill withdraws any federal lands and interests that are within the boundaries of the Chaco Cultural Heritage Withdrawal Area and any land or interest located in such area which is acquired by the United States after enactment of this bill from
The Department of the Interior may convey the federal lands to, or exchange such lands with, an Indian tribe in accordance with an approved resource management plan.
Certain oil and gas leases for federal lands on which drilling options have not started before the end of the primary term of the applicable lease and that are not producing oil or gas in paying quantities
Any portion of federal land subject to such a lease that has been terminated, relinquished, or acquired by the United States shall also be withdrawn as described above.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1079 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1079
To provide for the withdrawal and protection of certain Federal land in
the State of New Mexico.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 9, 2019
Mr. Udall (for himself and Mr. Heinrich) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chaco Cultural Heritage Area
Protection Act of 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are archeological, sacred, and historic resources
located throughout the Greater Chaco region, which spans the
States of New Mexico, Arizona, Utah, and Colorado;
(2) the Chaco Culture National Historical Park, a unit of
the National Park System and a United Nations Educational,
Scientific and Cultural Organization World Heritage Site, is
known around the world--
(A) for multi-story buildings constructed by the
Chacoan people that are still standing; and
(B) as the nerve center of a culture that spread
throughout and dominated the Four Corners area during
the 9th, 10th, and 11th centuries;
(3) the Chacoan people built hundreds of miles of roads and
a network of villages, shrines, and communications sites, many
of which are still visible;
(4) many Pueblos and Indian Tribes in the Four Corners area
claim cultural affiliation with, and are descended from, the
Chacoan people;
(5) the landscape around the Chaco Culture National
Historical Park includes hundreds of internationally and
nationally significant cultural resources, including
prehistoric roads, communities, and shrines--
(A) many of which are related to the resources
found in the Chaco Culture National Historical Park,
including the resources recognized by the amendment
made by section 3 of the Chacoan Outliers Protection
Act of 1995 (16 U.S.C. 410ii note; Public Law 104-11)
providing for additional Chaco Culture Archeological
Protection Sites;
(B) a significant number of which are concentrated
within the immediate area surrounding the Chaco Culture
National Historical Park; and
(C) that are commonly recognized by archeologists;
(6) long considered one of the best places for stargazing
in the world, Chaco Culture National Historical Park--
(A) in 1991, established a night skies protection
initiative and interpretive program to protect the
night sky in the area of the Chaco Culture National
Historical Park; and
(B) in 2013, was certified as an International Dark
Sky Park;
(7) the Greater Chaco landscape in the State of New Mexico
extends beyond Chaco Culture National Historical Park and
encompasses--
(A) local communities, including Pueblos and Indian
Tribes; and
(B) public land, which includes additional cultural
resources and sacred sites;
(8) for over 110 years, the Federal Government has
recognized the importance of the area in which the Chacoan
people lived and has acted to protect historic and sacred sites
in the area, including--
(A) Chaco Canyon, which was designated as a
National Monument in 1907 and as the Chaco Culture
National Historical Park in 1980;
(B) the Aztec Ruins, which was designated as a
National Monument in 1923 and expanded in each of 1928,
1930, 1948, and 1988; and
(C) the 39 Chaco Culture Archeological Protection
Sites designated in 1995;
(9) recognizes that the standard for Tribal consultation is
outlined in Executive Order 13175 (25 U.S.C. 5301 note;
relating to consultation and coordination with Indian Tribal
governments);
(10) extensive natural gas development has occurred in the
Greater Chaco region that affect the health, safety, economies,
and quality of life of local communities;
(11) renewed interest in oil exploration and production
within the Mancos/Gallup Shale play has increased the potential
for--
(A) significant impacts on resources and visitor
experiences at the Chaco Culture National Historical
Park; and
(B) additional impacts on local communities in the
Greater Chaco region, including Pueblos and Indian
Tribes;
(12) a mineral withdrawal in the landscape around the Chaco
Culture National Historical Park would prevent leasing and
development in the immediate area surrounding the Chaco Culture
National Historical Park, which would protect resources and
visitor experiences at the Chaco Culture National Historical
Park; and
(13) additional studies and protective measures should be
undertaken to address health, safety, and environmental impacts
on communities and interests of Pueblos and Indian Tribes in
the Greater Chaco landscape.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered lease.--The term ``covered lease'' means any
oil and gas lease for Federal land--
(A) on which drilling operations have not been
commenced before the end of the primary term of the
applicable lease;
(B) that is not producing oil or gas in paying
quantities; and
(C) that is not subject to a valid cooperative or
unit plan of development or operation certified by the
Secretary to be necessary.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) any Federal land or interest in Federal
land that is within the boundaries of the Chaco
Cultural Heritage Withdrawal Area, as depicted
on the Map; and
(ii) any land or interest in land located
within the boundaries of the Chaco Cultural
Heritage Withdrawal Area, as depicted on the
Map, that is acquired by the Federal Government
after the date of enactment of this Act.
(B) Exclusion.--The term ``Federal land'' does not
include trust land (as defined in section 3765 of title
38, United States Code).
(3) Map.--The term ``Map'' means the map prepared by the
Bureau of Land Management entitled ``Chaco Cultural Heritage
Withdrawal Area'' and dated April 2, 2019.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF NEW MEXICO.
(a) In General.--Subject to any valid existing rights, the Federal
land is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Availability of Map.--The Map shall be made available for
inspection at each appropriate office of the Bureau of Land Management.
(c) Conveyance of Federal Land to Indian Tribes.--Notwithstanding
subsection (a), the Secretary may convey the Federal land to, or
exchange the Federal land with, an Indian Tribe in accordance with a
resource management plan that is approved as of the date of enactment
of this Act, as subsequently developed, amended, or revised in
accordance with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and any other applicable law.
SEC. 5. OIL AND GAS LEASE MANAGEMENT.
(a) Termination of Non-Producing Leases.--A covered lease--
(1) shall automatically terminate by operation of law
pursuant to section 17(e) of the Mineral Leasing Act (30 U.S.C.
226(e)) and subpart 3108 of title 43, Code of Federal
Regulations (or successor regulations); and
(2) may not be extended by the Secretary.
(b) Withdrawal of Terminated, Relinquished, or Acquired Leases.--
Any portion of the Federal land subject to a covered lease terminated
under subsection (a) or otherwise or relinquished or acquired by the
United States on or after the date of enactment of this Act is
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent undermining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 6. EFFECT.
Nothing in this Act--
(1) affects the mineral rights of an Indian Tribe or member
of an Indian Tribe to trust land or allotment land; or
(2) precludes improvements to, or rights-of-way for water,
power, or road development on, the Federal land to assist
communities adjacent to or in the vicinity of the Federal land.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. With printed Hearing: S.Hrg. 116-323.
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