II

105TH CONGRESS

2D SESSION S. 1695

To establish the Sand Creek Massacre National Historic Site in the State

of Colorado.

IN THE SENATE OF THE UNITED STATES

MARCH 2, 1998

Mr. CAMPBELL (for himself and Mrs. HUTCHISON) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

A BILL

To establish the Sand Creek Massacre National Historic

Site in the State of Colorado.

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 Preservation Act of 1998’’.

6 SEC. 2. SAND CREEK MASSACRE.

7 (a) FINDINGS.—Congress finds that—

8 (1) on November 29, 1864, Colonel John M.

9 Chivington led a group of 700 armed soldiers to the

10 Sand Creek Indian Reservation located within the
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1 Territory of Colorado, and slaughtered between 200

2 and 500 Cheyenne and Arapaho Indians, the major3 ity of whom were women and children;

4 (2) a private landowner currently holds title to

5 the land that constitutes the site of the Sand Creek

6 Massacre and is a voluntary and willing seller of the

7 land;

8 (3) the site is of great significance to the Chey9 enne and Arapaho Indian descendants of those who

10 lost their lives at the incident at Sand Creek, and

11 those descendants deserve the right of unfettered

12 visitation to the site.

13 (b) DEFINITIONS.—In this section:

14 (1) NATIONAL HISTORIC SITE.—The term ‘‘Na15 tional Historic Site’’ means the Sand Creek Mas16 sacre National Historic Site established by sub17 section (c).

18 (2) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of the Interior, acting through the Di20 rector of the National Park Service.

21 (c) ESTABLISHMENT.—To provide for the preserva22 tion and interpretation of the Sand Creek Massacre, there

23 is established the Sand Creek Massacre National Historic

24 Site in the State of Colorado.

25 (d) BOUNDARY.—
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1 (1) IN GENERAL.—The National Historic Site

2 shall consist of such land and interests in land in

3 Kiowa County, Colorado, as the Secretary may ac4 quire under subsection (f) at the site of the Sand

5 Creek Massacre in Kiowa County, Colorado.

6 (2) MAP AND LEGAL DESCRIPTION.—The Sec7 retary shall prepare a map and legal description of

8 the land and interests in land described in para9 graph (1).

10 (3) PUBLIC AVAILABILITY.—The map and legal

11 description prepared under paragraph (2) shall be

12 on file in the offices of the Director of the National

13 Park Service, Department of the Interior, and other

14 appropriate offices of the National Park Service.

15 (4) BOUNDARY REVISION.—The Secretary may,

16 from time to time, make minor revisions in the

17 boundary of the National Historic Site in accordance

18 with section 7(c) of the Land and Water Conserva19 tion Act of 1965 (16 U.S.C. 460l–9(c)).

20 (e) ADMINISTRATION.—

21 (1) IN GENERAL.—The Secretary shall manage

22 the National Historic Site in accordance with this

23 section and the law generally applicable to units of

24 the National Park System, including the Act of Au25 gust 25, 1916 (39 Stat. 535, chapter 408; 16 U.S.C.
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1 1 et seq.), and the Act of August 21, 1935 (49 Stat.

2 666, chapter 593; 16 U.S.C. 461 et seq.).

3 (2) MANAGEMENT.—The Secretary shall man4 age the National Historic Site for the following pur5 poses, among others:

6 (A) To protect and preserve the National

7 Historic Site (including the topographic fea8 tures important to the massacre site, artifacts

9 and other physical remains of the massacre,

10 and the visual scene) as closely as practicable to

11 their condition at the time of the massacre.

12 (B) To interpret the cultural and natural

13 resources of the site in a manner that promotes

14 public understanding and appreciation of the

15 site so as to perpetuate the qualities and values

16 of the site for future generations.

17 (3) CONSULTATION AND TRAINING.—The Sec18 retary shall consult regularly with representatives of

19 the Cheyenne Tribe and Arapaho Tribe on the for20 mulation of the management plan under subsection

21 (g) and on preparation of educational programs

22 made available to the public.

23 (4) COOPERATIVE AGREEMENTS.—The Sec24 retary may enter into cooperative agreements with

25 the Cheyenne Tribe and Arapaho Tribe or a subordi-
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1 nate board, committee, enterprise, or leader to carry

2 out this section.

3 (f) ACQUISITION OF PROPERTY.—Within the bound4 aries of the National Historic Site, the Secretary may ac5 quire, in accordance with applicable procedures of the De6 partment of the Interior, land and interests in land by do7 nation, purchase at fair market value with donated or ap8 propriated funds, or exchange, except that—

9 (1) no land or interest in land within the Na10 tional Historic Site may be acquired without the

11 consent of the owner; and

12 (2) any land or interest in land owned by the

13 State of Colorado or any political subdivision of the

14 State may be acquired only by donation.

15 (g) MANAGEMENT PLAN.—

16 (1) IN GENERAL.—Not later than 5 years after

17 the date on which funds are made available to carry

18 out this section, the Secretary shall prepare a gen19 eral management plan for the National Historic

20 Site.

21 (2) CONTENTS.—The plan shall provide for—

22 (A) a resource protection program;

23 (B) a visitor use plan that includes pro24 grams and facilities that will be provided for
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1 public use, including the location and cost of

2 public facilities;

3 (C) a research and curation plan; and

4 (D) a highway signing program.

5 (3) PARTICIPATION.—The Secretary shall en6 courage—

7 (A) participation by the Cheyenne Tribe

8 and Arapaho Tribe in the formulation of edu9 cational programs for the National Historic

10 Site; and

11 (B) participation by the State of Colorado

12 and other local and national entities willing to

13 share in the responsibilities of developing and

14 supporting the National Historic Site.

15 (h) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as are nec17 essary to carry out this section.

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