108TH CONGRESS

2D SESSION S. 2173

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,

3 SECTION 1. SHORT TITLE.

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

5 National Historic Site Trust Act of 2004’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

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

4 the Secretary of the Interior.

5 (2) FACILITY.—The term ‘‘facility’’ means any

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

7 trust property on or after the date of enactment of

8 this Act.

9 (3) IMPROVEMENT.—The term ‘‘improvement’’

10 means—

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

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

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

14 meridian;

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

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

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

18 principal meridian;

19 (C) a livestock corral and shelter; and

20 (D) a water system and wastewater system

21 with all associated utility connections.

22 (4) TRIBE.—The term ‘‘Tribe’’ means the

23 Cheyenne and Arapaho Tribes of Oklahoma, a feder24 ally recognized Indian tribe.

25 (5) TRUST PROPERTY.—The term ‘‘trust prop26 erty’’ means the real property, including rights to all
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1 minerals, and excluding the improvements, formerly

2 known as the ‘‘Dawson Ranch’’, consisting of ap3 proximately 1,465 total acres presently under the ju4 risdiction of the Tribe, situated within Kiowa Coun5 ty, Colorado, and more particularly described as fol6 lows:

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

8 46W., sixth principal meridian, that is the

9 Eastern half of the NW quarter, the SW quar10 ter of the NE quarter, the NW quarter of the

11 SE quarter, sixth principal meridian.

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

13 sixth principal meridian.

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

15 sixth principal meridian.

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

17 THE CHEYENNE AND ARAPAHO TRIBES OF

18 OKLAHOMA.

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

20 ARAPAHO TRIBES OF OKLAHOMA.—Immediately upon

21 conveyance of title to the trust property by the Tribe to

22 the United States, without any further action by the Sec23 retary, the trust property shall be held in trust for the

24 benefit of the Tribe.
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1 (b) TRUST.—All right, title, and interest of the

2 United States in and to the trust property, except any fa3 cilities constructed under section 4(b), are declared to be

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

5 SEC. 4. IMPROVEMENTS AND FACILITIES.

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

7 donation the improvements in fee.

8 (b) FACILITIES.—

9 (1) IN GENERAL.—The Secretary may con10 struct a facility on the trust property only after con11 sulting with, soliciting advice from, and obtaining

12 the agreement of, the Tribe, the Northern Cheyenne

13 Tribe, and the Northern Arapaho Tribe.

14 (2) OWNERSHIP.—Facilities constructed with

15 Federal funds or funds donated to the United States

16 shall be owned in fee by the United States.

17 (c) FEDERAL FUNDS.—For the purposes of the con18 struction, maintenance, or demolition of improvements or

19 facilities, Federal funds shall be expended only on im20 provements or facilities that are owned in fee by the

21 United States.

22 SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DE23 SCRIPTION.

24 (a) SURVEY OF BOUNDARY LINE.—To accurately es25 tablish the boundary of the trust property, not later than
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1 180 days after the date of enactment of this Act, the Sec2 retary shall cause a survey to be conducted by the Office

3 of Cadastral Survey of the Bureau of Land Management

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

5 (b) PUBLICATION OF LAND DESCRIPTION.—

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

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

8 by the representatives of the Tribe, the Secretary

9 shall cause the full metes and bounds description of

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

11 trust property, to be published in the Federal Reg12 ister.

13 (2) EFFECT.—The description shall, on publica14 tion, constitute the official description of the trust

15 property.

16 SEC. 6. ADMINISTRATION OF TRUST PROPERTY.

17 (a) IN GENERAL.—The trust property shall be ad18 ministered in perpetuity by the Secretary as part of the

19 Sand Creek Massacre National Historic Site, only for his20 torical, traditional, cultural, and other uses in accordance

21 with the Sand Creek Massacre National Historic Site Es22 tablishment Act of 2000 (16 U.S.C. 461 note; Public Law

23 106–465).

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

25 administration, the Secretary shall have access to the trust
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1 property, improvements, and facilities as necessary for

2 management of the Sand Creek Massacre National His3 toric Site in accordance with the Sand Creek Massacre

4 National Historic Site Establishment Act of 2000 (16

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

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

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

8 property is used only in accordance with this section.

9 (d) SAVINGS PROVISION.—Nothing in this Act super10 sedes the laws and policies governing units of the National

11 Park System.

12 SEC. 7. ACQUISITION OF PROPERTY.

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

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

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

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

Passed the Senate September 15, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2173

AN ACT

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