PUBLIC LAW 109–45—AUG. 2, 2005 119 STAT. 445

Public Law 109–45

109th Congress

An Act

To further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.

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 ‘‘Sand Creek Massacre National

Historic Site Trust Act of 2005’’.

SEC. 2. DEFINITIONS.

In this Act:

(1) FACILITY.—The term ‘‘facility’’ means any structure,

utility, road, or sign constructed on the trust property on or

after the date of enactment of this Act.

(2) IMPROVEMENT.—The term ‘‘improvement’’ means—

(A) a 1,625 square foot 1-story ranch house, built in

1952, located in the SW quarter of sec. 30, T. 17 S., R.

45 W., sixth principal meridian;

(B) a 3,600 square foot metal-constructed shop

building, built in 1975, located in the SW quarter of sec.

30, T. 17 S., R. 45 W., sixth principal meridian;

(C) a livestock corral and shelter; and

(D) a water system and wastewater system with all

associated utility connections.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) TRIBE.—The term ‘‘Tribe’’ means the Cheyenne and

Arapaho Tribes of Oklahoma, a federally recognized Indian

tribe.

(5) TRUST PROPERTY.—The term ‘‘trust property’’ means

the real property, including rights to all minerals, and excluding

the improvements, formerly known as the ‘‘Dawson Ranch’’,

consisting of approximately 1,465 total acres presently under

the jurisdiction of the Tribe, situated within Kiowa County,

Colorado, and more particularly described as follows:

(A) The portion of sec. 24, T. 17 S., R. 46 W., sixth

principal meridian, that is the Eastern half of the NW

quarter, the SW quarter of the NE quarter, the NW quarter

of the SE quarter, sixth principal meridian.

(B) All of sec. 25, T. 17 S., R. 46 W., sixth principal

meridian.

(C) All of sec. 30, T. 17 S., R. 45 W., sixth principal

meridian.

Sand Creek

Massacre

National Historic

Trust Act of

2005.

16 USC 461 note.

Aug. 2, 2005

[H.R. 481]

119 STAT. 446 PUBLIC LAW 109–45—AUG. 2, 2005

SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR THE CHEYENNE AND ARAPAHO TRIBES OF OKLAHOMA.

(a) LAND HELD IN TRUST FOR THE CHEYENNE AND ARAPAHO

TRIBES OF OKLAHOMA.—On conveyance of title to the trust property

by the Tribe to the United States, without any further action

by the Secretary, the trust property shall be held in trust for

the benefit of the Tribe.

(b) TRUST.—All right, title, and interest of the United States

in and to the trust property, except any facilities constructed under

section 4(b), are declared to be held by the United States in trust

for the Tribe.

SEC. 4. IMPROVEMENTS AND FACILITIES.

(a) IMPROVEMENTS.—The Secretary may acquire by donation

the improvements in fee.

(b) FACILITIES.— (1) IN GENERAL.—The Secretary may construct a facility

on the trust property only after consulting with, soliciting

advice from, and obtaining the agreement of, the Tribe, the

Northern Cheyenne Tribe, and the Northern Arapaho Tribe.

(2) OWNERSHIP.—Facilities constructed with Federal funds

or funds donated to the United States shall be owned in fee

by the United States.

(c) FEDERAL FUNDS.—For the purposes of the construction,

maintenance, or demolition of improvements or facilities, Federal

funds shall be expended only on improvements or facilities that

are owned in fee by the United States.

SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION.

(a) SURVEY OF BOUNDARY LINE.—To accurately establish the

boundary of the trust property, not later than 180 days after the

date of enactment of this Act, the Secretary shall cause a survey

to be conducted by the Office of Cadastral Survey of the Bureau

of Land Management of the boundary lines described in section

2(5).

(b) PUBLICATION OF LAND DESCRIPTION.— (1) IN GENERAL.—On completion of the survey under subsection (a), and acceptance of the survey by the representatives

of the Tribe, the Secretary shall cause the full metes and

bounds description of the lines, with a full and accurate description of the trust property, to be published in the Federal Register.

(2) EFFECT.—The description shall, on publication, constitute the official description of the trust property.

SEC. 6. ADMINISTRATION OF TRUST PROPERTY.

(a) IN GENERAL.—The trust property shall be administered

in perpetuity by the Secretary as part of the Sand Creek Massacre

National Historic Site, only for historical, traditional, cultural, and

other uses in accordance with the Sand Creek Massacre National

Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public

Law 106–465).

(b) ACCESS FOR ADMINISTRATION.—For purposes of administration, the Secretary shall have access to the trust property, improvements, and facilities as necessary for management of the Sand

Creek Massacre National Historic Site in accordance with the Sand

Creek Massacre National Historic Site Establishment Act of 2000

(16 U.S.C. 461 note; Public Law 106–465).

Federal Register,

publication.

Deadline.

PUBLIC LAW 109–45—AUG. 2, 2005 119 STAT. 447

LEGISLATIVE HISTORY—H.R. 481 (S. 57):

HOUSE REPORTS: No. 109–107 (Comm. on Resources).

SENATE REPORTS: No. 109–20 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 151 (2005):

June 27, considered and passed House.

July 26, considered and passed Senate.

Æ

(c) DUTY OF THE SECRETARY.—The Secretary shall take such

action as is necessary to ensure that the trust property is used

only in accordance with this section.

(d) SAVINGS PROVISION.—Nothing in this Act supersedes the

laws and policies governing units of the National Park System.

SEC. 7. ACQUISITION OF PROPERTY.

Section 6(a)(2) of the Sand Creek Massacre National Historic

Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law

106–465) is amended by inserting ‘‘or exchange’’ after ‘‘only by

donation’’.

Approved August 2, 2005.