H. R. 481

One Hundred Ninth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the fourth day of January, two thousand and five 

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. 
H. R. 481—2

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). 
H. R. 481—3

(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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.