II

Calendar No. 464

105TH CONGRESS

2D SESSION S. 1695

[Report No. 105–244]

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, Mrs. HUTCHISON, and Mr. ALLARD) introduced

the following bill; which was read twice and referred to the Committee

on Energy and Natural Resources

JULY 10, 1998

Reported by Mr. MURKOWSKI, with an amendment and an amendment to the

title

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

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’’.
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S 1695 RS

1 SEC. 2. SAND CREEK MASSACRE.

2 (a) FINDINGS.—Congress finds that—

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

4 Chivington led a group of 700 armed soldiers to the

5 Sand Creek Indian Reservation located within the

6 Territory of Colorado, and slaughtered between 200

7 and 500 Cheyenne and Arapaho Indians, the major8 ity of whom were women and children;

9 (2) a private landowner currently holds title to

10 the land that constitutes the site of the Sand Creek

11 Massacre and is a voluntary and willing seller of the

12 land;

13 (3) the site is of great significance to the Chey14 enne and Arapaho Indian descendants of those who

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

16 those descendants deserve the right of unfettered

17 visitation to the site.

18 (b) DEFINITIONS.—In this section:

19 (1) NATIONAL HISTORIC SITE.—The term ‘‘Na20 tional Historic Site’’ means the Sand Creek Mas21 sacre National Historic Site established by sub22 section (c).

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

24 the Secretary of the Interior, acting through the Di25 rector of the National Park Service.
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S 1695 RS

1 (c) ESTABLISHMENT.—To provide for the preserva2 tion and interpretation of the Sand Creek Massacre, there

3 is established the Sand Creek Massacre National Historic

4 Site in the State of Colorado.

5 (d) BOUNDARY.—

6 (1) IN GENERAL.—The National Historic Site

7 shall consist of such land and interests in land in

8 Kiowa County, Colorado, as the Secretary may ac9 quire under subsection (f) at the site of the Sand

10 Creek Massacre in Kiowa County, Colorado.

11 (2) MAP AND LEGAL DESCRIPTION.—The Sec12 retary shall prepare a map and legal description of

13 the land and interests in land described in para14 graph (1).

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

16 description prepared under paragraph (2) shall be

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

18 Park Service, Department of the Interior, and other

19 appropriate offices of the National Park Service.

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

21 from time to time, make minor revisions in the

22 boundary of the National Historic Site in accordance

23 with section 7(c) of the Land and Water Conserva24 tion Act of 1965 (16 U.S.C. 460l–9(c)).

25 (e) ADMINISTRATION.—
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S 1695 RS

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

2 the National Historic Site in accordance with this

3 section and the law generally applicable to units of

4 the National Park System, including the Act of Au5 gust 25, 1916 (39 Stat. 535, chapter 408; 16 U.S.C.

6 1 et seq.), and the Act of August 21, 1935 (49 Stat.

7 666, chapter 593; 16 U.S.C. 461 et seq.).

8 (2) MANAGEMENT.—The Secretary shall man9 age the National Historic Site for the following pur10 poses, among others:

11 (A) To protect and preserve the National

12 Historic Site (including the topographic fea13 tures important to the massacre site, artifacts

14 and other physical remains of the massacre,

15 and the visual scene) as closely as practicable to

16 their condition at the time of the massacre.

17 (B) To interpret the cultural and natural

18 resources of the site in a manner that promotes

19 public understanding and appreciation of the

20 site so as to perpetuate the qualities and values

21 of the site for future generations.

22 (3) CONSULTATION AND TRAINING.—The Sec23 retary shall consult regularly with representatives of

24 the Cheyenne Tribe and Arapaho Tribe on the for25 mulation of the management plan under subsection
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1 (g) and on preparation of educational programs

2 made available to the public.

3 (4) COOPERATIVE AGREEMENTS.—The Sec4 retary may enter into cooperative agreements with

5 the Cheyenne Tribe and Arapaho Tribe or a subordi6 nate board, committee, enterprise, or leader to carry

7 out this section.

8 (f) ACQUISITION OF PROPERTY.—Within the bound9 aries of the National Historic Site, the Secretary may ac10 quire, in accordance with applicable procedures of the De11 partment of the Interior, land and interests in land by do12 nation, purchase at fair market value with donated or ap13 propriated funds, or exchange, except that—

14 (1) no land or interest in land within the Na15 tional Historic Site may be acquired without the

16 consent of the owner; and

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

18 State of Colorado or any political subdivision of the

19 State may be acquired only by donation.

20 (g) MANAGEMENT PLAN.—

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

22 the date on which funds are made available to carry

23 out this section, the Secretary shall prepare a gen24 eral management plan for the National Historic

25 Site.
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1 (2) CONTENTS.—The plan shall provide for—

2 (A) a resource protection program;

3 (B) a visitor use plan that includes pro4 grams and facilities that will be provided for

5 public use, including the location and cost of

6 public facilities;

7 (C) a research and curation plan; and

8 (D) a highway signing program.

9 (3) PARTICIPATION.—The Secretary shall en10 courage—

11 (A) participation by the Cheyenne Tribe

12 and Arapaho Tribe in the formulation of edu13 cational programs for the National Historic

14 Site; and

15 (B) participation by the State of Colorado

16 and other local and national entities willing to

17 share in the responsibilities of developing and

18 supporting the National Historic Site.

19 (h) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section.

22 SECTION 1. SHORT TITLE.

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

24 National Historic Site Study Act of 1998’’.
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1 SEC. 2. FINDINGS.

2 (a) FINDINGS.—Congress finds that—

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

4 Chivington led a group of 700 armed soldiers to a

5 peaceful Cheyenne village of more than 100 lodges on

6 the Big Sandy, also known as Sand Creek, located

7 within the Territory of Colorado, and in a running

8 fight that ranged several miles upstream along the

9 Big Sandy, slaughtered several hundred Indians in

10 Chief Black Kettle’s village, the majority of whom

11 were women and children;

12 (2) the incident was quickly recognized as a na13 tional disgrace and investigated and condemned by 2

14 congressional committees and a military commission;

15 (3) although the United States admitted guilt

16 and reparations were provided for in article VI of the

17 Treaty of Little Arkansas of October 14, 1865 (14

18 Stat. 703) between the United States and the Chey19 enne and Arapaho Tribes of Indians, those treaty ob20 ligations remain unfulfilled;

21 (4) land at or near the site of the Sand Creek

22 Massacre may be available for purchase from a will23 ing seller; and

24 (5) the site is of great significance to the Chey25 enne and Arapaho Indian descendants of those who

26 lost their lives at the incident at Sand Creek and to
8

S 1695 RS

1 their tribes, and those descendants and tribes deserve

2 the right of open access to visit the site and rights of

3 cultural and historical observance at the site.

4 SEC. 3. DEFINITIONS.

5 In this Act:

6 (1) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of the Interior acting through the Direc8 tor of the National Park Service.

9 (2) SITE.—The term ‘‘site’’ means the Sand

10 Creek massacre site described in section 2.

11 (3) TRIBES.—The term ‘‘Tribes’’ means—

12 (A) the Cheyenne and Arapaho Tribe of

13 Oklahoma;

14 (B) the Northern Cheyenne Tribe; and

15 (C) the Northern Arapaho Tribe.

16 SEC. 4. STUDY.

17 (a) IN GENERAL.—Not later than 18 months after the

18 date on which funds are made available for the purpose,

19 the Secretary, in consultation with the Tribes and the State

20 of Colorado, shall submit to the Committee on Energy and

21 Natural Resources of the Senate and the Committee on Re22 sources of the House of Representatives a resource study of

23 the site.

24 (b) CONTENTS.—The study under subsection (a)

25 shall—
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1 (1) identify the location and extent of the mas2 sacre area and the suitability and feasibility of des3 ignating the site as a unit of the National Park Sys4 tem; and

5 (2) include cost estimates for any necessary ac6 quisition, development, operation and maintenance,

7 and identification of alternatives for the management,

8 administration, and protection of the area.

9 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated such sums as

11 are necessary to carry out this Act.

Amend the title so as to read: ‘‘A bill to authorize

the Secretary of the Interior to study the suitability and

feasibility of designating the Sand Creek Massacre National Historic Site in the State of Colorado as a unit of

the National Park System, and for other purposes.’’.
Calendar No. 464

105TH CONGRESS

2D SESSION S. 1695

[Report No. 105–244]

A BILL

To establish the Sand Creek Massacre National

Historic Site in the State of Colorado.

JULY 10, 1998

Reported with an amendment and an amendment to the

title