IIB 

109TH CONGRESS 

1ST SESSION H. R. 481 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2005 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To further the purposes of the Sand Creek Massacre 

National Historic Site Establishment Act of 2000. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Sand Creek Massacre 

3 National Historic Site Trust Act of 2005’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 structure, utility, road, or sign constructed on the 

8 trust property on or after the date of enactment of 

9 this Act. 

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

11 means— 

12 (A) a 1,625 square foot 1-story ranch 

13 house, built in 1952, located in the SW quarter 

14 of sec. 30, T. 17 S., R. 45 W., sixth principal 

15 meridian; 

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

17 shop building, built in 1975, located in the SW 

18 quarter of sec. 30, T. 17 S., R. 45 W., sixth 

19 principal meridian; 

20 (C) a livestock corral and shelter; and 

21 (D) a water system and wastewater system 

22 with all associated utility connections. 

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

24 the Secretary of the Interior. 
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1 (4) TRIBE.—The term ‘‘Tribe’’ means the 

2 Cheyenne and Arapaho Tribes of Oklahoma, a feder3 ally recognized Indian tribe. 

4 (5) TRUST PROPERTY.—The term ‘‘trust prop5 erty’’ means the real property, including rights to all 

6 minerals, and excluding the improvements, formerly 

7 known as the ‘‘Dawson Ranch’’, consisting of ap8 proximately 1,465 total acres presently under the ju9 risdiction of the Tribe, situated within Kiowa Coun10 ty, Colorado, and more particularly described as fol11 lows: 

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

13 W., sixth principal meridian, that is the East14 ern half of the NW quarter, the SW quarter of 

15 the NE quarter, the NW quarter of the SE 

16 quarter, sixth principal meridian. 

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

18 sixth principal meridian. 

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

20 sixth principal meridian. 

21 SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR 

22 THE CHEYENNE AND ARAPAHO TRIBES OF 

23 OKLAHOMA. 

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

25 ARAPAHO TRIBES OF OKLAHOMA.—On conveyance of title 
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HR 481 RFS 

1 to the trust property by the Tribe to the United States, 

2 without any further action by the Secretary, the trust 

3 property shall be held in trust for the benefit of the Tribe. 

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

5 United States in and to the trust property, except any fa6 cilities constructed under section 4(b), are declared to be 

7 held by the United States in trust for the Tribe. 

8 SEC. 4. IMPROVEMENTS AND FACILITIES. 

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

10 donation the improvements in fee. 

11 (b) FACILITIES.— 

12 (1) IN GENERAL.—The Secretary may con13 struct a facility on the trust property only after con14 sulting with, soliciting advice from, and obtaining 

15 the agreement of, the Tribe, the Northern Cheyenne 

16 Tribe, and the Northern Arapaho Tribe. 

17 (2) OWNERSHIP.—Facilities constructed with 

18 Federal funds or funds donated to the United States 

19 shall be owned in fee by the United States. 

20 (c) FEDERAL FUNDS.—For the purposes of the con21 struction, maintenance, or demolition of improvements or 

22 facilities, Federal funds shall be expended only on im23 provements or facilities that are owned in fee by the 

24 United States. 
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HR 481 RFS 

1 SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DE2 SCRIPTION. 

3 (a) SURVEY OF BOUNDARY LINE.—To accurately es4 tablish the boundary of the trust property, not later than 

5 180 days after the date of enactment of this Act, the Sec6 retary shall cause a survey to be conducted by the Office 

7 of Cadastral Survey of the Bureau of Land Management 

8 of the boundary lines described in section 2(5). 

9 (b) PUBLICATION OF LAND DESCRIPTION.— 

10 (1) IN GENERAL.—On completion of the survey 

11 under subsection (a), and acceptance of the survey 

12 by the representatives of the Tribe, the Secretary 

13 shall cause the full metes and bounds description of 

14 the lines, with a full and accurate description of the 

15 trust property, to be published in the Federal Reg16 ister. 

17 (2) EFFECT.—The description shall, on publica18 tion, constitute the official description of the trust 

19 property. 

20 SEC. 6. ADMINISTRATION OF TRUST PROPERTY. 

21 (a) IN GENERAL.—The trust property shall be ad22 ministered in perpetuity by the Secretary as part of the 

23 Sand Creek Massacre National Historic Site, only for his24 torical, traditional, cultural, and other uses in accordance 

25 with the Sand Creek Massacre National Historic Site Es-
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1 tablishment Act of 2000 (16 U.S.C. 461 note; Public Law 

2 106–465). 

3 (b) ACCESS FOR ADMINISTRATION.—For purposes of 

4 administration, the Secretary shall have access to the trust 

5 property, improvements, and facilities as necessary for 

6 management of the Sand Creek Massacre National His7 toric Site in accordance with the Sand Creek Massacre 

8 National Historic Site Establishment Act of 2000 (16 

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

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

11 take such action as is necessary to ensure that the trust 

12 property is used only in accordance with this section. 

13 (d) SAVINGS PROVISION.—Nothing in this Act super14 sedes the laws and policies governing units of the National 

15 Park System. 

16 SEC. 7. ACQUISITION OF PROPERTY. 

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

18 Historic Site Establishment Act of 2000 (16 U.S.C. 461 

19 note; Public Law 106–465) is amended by inserting ‘‘or 

20 exchange’’ after ‘‘only by donation’’. 

Passed the House of Representatives June 27, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.