IB 

Union Calendar No. 59 

109TH CONGRESS 

1ST SESSION H. R. 481 

[Report No. 109–107] 

To further the purposes of the Sand Creek Massacre National Historic Site 

Establishment Act of 2000. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2005 

Mrs. MUSGRAVE (for herself and Mr. COLE of Oklahoma) introduced the 

following bill; which was referred to the Committee on Resources 

JUNE 8, 2005 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 1, 2005] 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 National Historic Site Trust Act of 2005’’. 
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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

5 trust property on or after the date of enactment of 

6 this Act. 

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

8 means— 

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

10 built in 1952, located in the SW quarter of sec. 

11 30, T. 17 S., R. 45 W., sixth principal meridian; 

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

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

14 quarter of sec. 30, T. 17 S., R. 45 W., sixth prin15 cipal meridian; 

16 (C) a livestock corral and shelter; and 

17 (D) a water system and wastewater system 

18 with all associated utility connections. 

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

20 the Secretary of the Interior. 

21 (4) TRIBE.—The term ‘‘Tribe’’ means the Chey22 enne and Arapaho Tribes of Oklahoma, a federally 

23 recognized Indian tribe. 

24 (5) TRUST PROPERTY.—The term ‘‘trust prop25 erty’’ means the real property, including rights to all 

26 minerals, and excluding the improvements, formerly 
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1 known as the ‘‘Dawson Ranch’’, consisting of ap2 proximately 1,465 total acres presently under the ju3 risdiction of the Tribe, situated within Kiowa Coun4 ty, Colorado, and more particularly described as fol5 lows: 

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

7 W., sixth principal meridian, that is the Eastern 

8 half of the NW quarter, the SW quarter of the 

9 NE quarter, the NW quarter of the SE quarter, 

10 sixth principal meridian. 

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

12 principal meridian. 

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

14 principal meridian. 

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

16 THE CHEYENNE AND ARAPAHO TRIBES OF 

17 OKLAHOMA. 

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

19 ARAPAHO TRIBES OF OKLAHOMA.—On conveyance of title 

20 to the trust property by the Tribe to the United States, with21 out any further action by the Secretary, the trust property 

22 shall be held in trust for the benefit of the Tribe. 

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

24 States in and to the trust property, except any facilities 
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1 constructed under section 4(b), are declared to be held by 

2 the United States in trust for the Tribe. 

3 SEC. 4. IMPROVEMENTS AND FACILITIES. 

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

5 donation the improvements in fee. 

6 (b) FACILITIES.— 

7 (1) IN GENERAL.—The Secretary may construct 

8 a facility on the trust property only after consulting 

9 with, soliciting advice from, and obtaining the agree10 ment of, the Tribe, the Northern Cheyenne Tribe, and 

11 the Northern Arapaho Tribe. 

12 (2) OWNERSHIP.—Facilities constructed with 

13 Federal funds or funds donated to the United States 

14 shall be owned in fee by the United States. 

15 (c) FEDERAL FUNDS.—For the purposes of the con16 struction, maintenance, or demolition of improvements or 

17 facilities, Federal funds shall be expended only on improve18 ments or facilities that are owned in fee by the United 

19 States. 

20 SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DE21 SCRIPTION. 

22 (a) SURVEY OF BOUNDARY LINE.—To accurately es23 tablish the boundary of the trust property, not later than 

24 180 days after the date of enactment of this Act, the Sec25 retary shall cause a survey to be conducted by the Office 
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1 of Cadastral Survey of the Bureau of Land Management 

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

3 (b) PUBLICATION OF LAND DESCRIPTION.— 

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

5 under subsection (a), and acceptance of the survey by 

6 the representatives of the Tribe, the Secretary shall 

7 cause the full metes and bounds description of the 

8 lines, with a full and accurate description of the trust 

9 property, to be published in the Federal Register. 

10 (2) EFFECT.—The description shall, on publica11 tion, constitute the official description of the trust 

12 property. 

13 SEC. 6. ADMINISTRATION OF TRUST PROPERTY. 

14 (a) IN GENERAL.—The trust property shall be admin15 istered in perpetuity by the Secretary as part of the Sand 

16 Creek Massacre National Historic Site, only for historical, 

17 traditional, cultural, and other uses in accordance with the 

18 Sand Creek Massacre National Historic Site Establishment 

19 Act of 2000 (16 U.S.C. 461 note; Public Law 106–465). 

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

21 administration, the Secretary shall have access to the trust 

22 property, improvements, and facilities as necessary for 

23 management of the Sand Creek Massacre National Historic 

24 Site in accordance with the Sand Creek Massacre National 
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1 Historic Site Establishment Act of 2000 (16 U.S.C. 461 

2 note; Public Law 106–465). 

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

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

5 property is used only in accordance with this section. 

6 (d) SAVINGS PROVISION.—Nothing in this Act super7 sedes the laws and policies governing units of the National 

8 Park System. 

9 SEC. 7. ACQUISITION OF PROPERTY. 

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

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

12 note; Public Law 106–465) is amended by inserting ‘‘or ex13 change’’ after ‘‘only by donation’’. 

Union Calendar No. 59 

109TH CONGRESS 

1ST SESSION H. R. 481 

[Report No. 109–107] 

A BILL 

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

JUNE 8, 2005 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,