
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC410ii-5]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
        SUBCHAPTER LIX-G--CHACO CULTURE NATIONAL HISTORICAL PARK
 
Sec. 410ii-5. Administration


(a) Laws governing

    The Secretary shall administer the park in accordance with the 
provisions of this subchapter and the provisions of law generally 
applicable to the administration of units of the National Park System, 
including sections 1, 2, 3, and 4 of this title, and sections 461 to 467 
of this title.

(b) Protection, preservation, and maintenance of cultural resources

    The Secretary shall protect, preserve, maintain, and administer the 
Chaco Culture Archeological Protection Sites, in a manner that will 
preserve the Chaco cultural resource and provide for its interpretation 
and research. Such sites shall be managed by the Secretary in accordance 
with the provisions of this subchapter and the provisions of law 
generally applicable to public lands as defined in section 1702(e) of 
title 43: Provided, however, That lands held in trust by the Secretary 
for an Indian tribe or any individual member thereof, or held in 
restricted fee status shall continue to be so managed or held by the 
Secretary.

(c) Activities endangering cultural values prohibited

    No activities shall be permitted upon the upper surface of the 
archeological protection sites which shall endanger their cultural 
values. For the purposes of this subchapter, upper surface shall be 
considered to extend to a depth of twenty meters below ground level. 
Nothing in this subchapter shall be deemed to prevent exploration and 
development of subsurface oil and gas, mineral, and coal resources from 
without the sites which does not infringe upon the upper surface of the 
sites.

(d) Livestock grazing permitted

    Nothing in this subchapter shall be deemed to prevent the 
continuation of livestock grazing on properties which are the subject of 
cooperative agreements.

(e) General management plan; transmittal to Congress

    Within three complete fiscal years from December 19, 1980, the 
Secretary shall transmit to the Committee on Interior and Insular 
Affairs of the United States House of Representatives and the Committee 
on Energy and Natural Resources of the United States Senate, a general 
management plan for the identification, research, and protection of the 
park, pursuant to the provisions of section 1a-7(b) of this title, to be 
developed by the Director, National Park Service, in consultation with 
the Directors, Bureau of Land Management and Bureau of Indian Affairs 
and the Governor, State of New Mexico, and a joint management plan for 
the identification, research, and protection of the archeological 
protection sites, to be developed by the Director, National Park 
Service, in consultation and concurrence with the Directors, Bureau of 
Land Management and Bureau of Indian Affairs, and the Governor, State of 
New Mexico.

(f) Assistance to Navajo Nation

    The Secretary, acting through the Director of the National Park 
Service, shall assist the Navajo Nation in the protection and management 
of those Chaco Culture Archeological Protection Sites located on land 
under the jurisdiction of the Navajo Nation through a grant, contract, 
or cooperative agreement entered into pursuant to the Indian Self-
Determination and Education Act (Public Law 93-638), as amended [25 
U.S.C. 450 et seq.], to assist the Navajo Nation in site planning, 
resource protection, interpretation, resource management actions, and 
such other purposes as may be identified in such grant, contract, or 
cooperative agreement. This cooperative assistance shall include 
assistance with the development of a Navajo facility to serve those who 
seek to appreciate the Chacoan Outlier Sites.

(Pub. L. 96-550, title V, Sec. 506, Dec. 19, 1980, 94 Stat. 3229; Pub. 
L. 104-11, Sec. 5, May 18, 1995, 109 Stat. 159.)

                       References in Text

    The Indian Self-Determination and Education Act, referred to in 
subsec. (f), probably means the Indian Self-Determination and Education 
Assistance Act, Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, 
which is classified principally to subchapter II (Sec. 450 et seq.) of 
chapter 14 of Title 25, Indians. For complete classification of this Act 
to the Code, see Short Title note set out under section 450 of Title 25 
and Tables.


                               Amendments

    1995--Subsec. (f). Pub. L. 104-11 added subsec. (f).

                         Change of Name

    Committee on Interior and Insular Affairs of the House of 
Representatives changed to Committee on Natural Resources of the House 
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One 
Hundred Third Congress. Committee on Natural Resources of House of 
Representatives treated as referring to Committee on Resources of House 
of Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.
