II 

Calendar No. 679

108TH CONGRESS 

2D SESSION S. 2173

[Report No. 108–323] 

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

Establishment Act of 2000. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2004

Mr. CAMPBELL (for himself and Mr. ALLARD) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

AUGUST 25, 2004

Reported under authority of the order of the Senate of July 22, 2004, by Mr. 

DOMENICI, with an amendment 

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

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 2004’’. 
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S 2173 RS 

1 SEC. 2. DECLARATION OF POLICY. 

2 To further the purposes of the Sand Creek Massacre 

3 National Historic Site Establishment Act of 2000 (16 

4 U.S.C. 461 note; Public Law 106–465), this Act author5 izes the United States to take certain land in Kiowa Coun6 ty, Colorado, owned by the Cheyenne and Arapaho Tribes 

7 of Oklahoma, into trust. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

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

11 the Secretary of the Interior. 

12 (2) TRIBE.—The term ‘‘Tribe’’ means the 

13 Cheyenne and Arapaho Tribes of Oklahoma, a feder14 ally recognized Indian tribe. 

15 (3) TRUST PROPERTY.—The term ‘‘trust prop16 erty’’ means the property described in section 4(b). 

17 SEC. 4. TRANSFER OF LAND HELD IN TRUST FOR THE 

18 CHEYENNE AND ARAPAHO TRIBES OF OKLA19 HOMA. 

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

21 ARAPAHO TRIBES OF OKLAHOMA.— 

22 (1) CONVEYANCE.—Not later than 180 days 

23 after the date of enactment of this Act, the Tribe 

24 shall convey title to the trust property to the United 

25 States. 
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S 2173 RS 

1 (2) TRUST.—All right, title, and interest of the 

2 United States in and to the trust property, including 

3 all improvement on the trust property and appur4 tenances to the trust property and rights to all min5 erals, are declared to be held by the United States 

6 in trust for the Tribe. 

7 (b) LAND DESCRIPTION.—The trust property is the 

8 property formerly known as the ‘‘Dawson Ranch’’, con9 sisting of approximately 1,465 total acres presently under 

10 the jurisdiction of the Tribe, situated within Kiowa Coun11 ty, Colorado, and more particularly described as follows: 

12 (1) The portion of sec. 24, T. 17 S., R. 46 W., 

13 Colorado Principal Meridian, that is the Eastern 

14 half of the NW quarter, the SW quarter of the NE 

15 quarter, the NW quarter of the SE quarter, Colo16 rado Principal Meridian. 

17 (2) All of sec. 25, T. 17 S., R. 46 W., Colorado 

18 Principal Meridian. 

19 (3) All of sec. 30, T. 17 S., R. 45 W., Colorado 

20 Principal Meridian. 

21 SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DE22 SCRIPTION. 

23 (a) SURVEY OF BOUNDARY LINE.—To accurately es24 tablish the boundary of the trust property, the Secretary 

25 shall, not later than 180 days after the date of enactment 
4

S 2173 RS 

1 of this Act, cause a survey to be conducted by the Office 

2 of Cadastral Survey of the Bureau of Land Management 

3 of the boundary lines described in section 4(b). 

4 (b) PUBLICATION OF LAND DESCRIPTION.— 

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

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

7 by the representatives of the Tribe, the Secretary 

8 shall cause the full metes and bounds description of 

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

10 trust property, to be published in the Federal Reg11 ister. 

12 (2) EFFECT.—The descriptions shall, on publi13 cation, constitute the official descriptions of the 

14 trust property. 

15 SEC. 6. ADMINISTRATION OF TRUST PROPERTY. 

16 (a) IN GENERAL.—The trust property is declared to 

17 be part of the Indian reservation of the Tribe. 

18 (b) ADMINISTRATION.—The trust property shall be 

19 administered in perpetuity by the Secretary in accordance 

20 with the law generally applicable to property held in trust 

21 by the United States for the benefit of Indian tribes and 

22 in accordance with the Sand Creek Massacre National 

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

24 note; Public Law 106–465).
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1 SEC. 7. RELIGIOUS AND CULTURAL USES. 

2 (a) IN GENERAL.—The trust property shall be used 

3 only for historic, religious, or cultural uses that are com4 patible with the use of the land as a national historic site. 

5 (b) DUTY OF THE SECRETARY.—The Secretary shall 

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

7 property is used only in accordance with this section.

8 SECTION 1. SHORT TITLE. 

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

10 National Historic Site Trust Act of 2004’’. 

11 SEC. 2. DEFINITIONS. 

12 In this Act: 

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

14 the Secretary of the Interior. 

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

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

17 trust property on or after the date of enactment of 

18 this Act. 

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

20 means— 

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

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

23 30, T. 17 S., R. 45 W., sixth principal meridian; 

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

25 shop building, built in 1975, located in the SW 
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S 2173 RS 

1 quarter of sec. 30, T. 17 S., R. 45 W., sixth prin2 cipal meridian; 

3 (C) a livestock corral and shelter; and 

4 (D) a water system and wastewater system 

5 with all associated utility connections. 

6 (4) TRIBE.—The term ‘‘Tribe’’ means the Chey7 enne and Arapaho Tribes of Oklahoma, a federally 

8 recognized Indian tribe. 

9 (5) TRUST PROPERTY.—The term ‘‘trust prop10 erty’’ means the real property, including rights to all 

11 minerals, and excluding the improvements, formerly 

12 known as the ‘‘Dawson Ranch’’, consisting of ap13 proximately 1,465 total acres presently under the ju14 risdiction of the Tribe, situated within Kiowa Coun15 ty, Colorado, and more particularly described as fol16 lows: 

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

18 46W., sixth principal meridian, that is the East19 ern half of the NW quarter, the SW quarter of 

20 the NE quarter, the NW quarter of the SE quar21 ter, sixth principal meridian. 

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

23 principal meridian. 

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

25 principal meridian. 
7

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

2 THE CHEYENNE AND ARAPAHO TRIBES OF 

3 OKLAHOMA. 

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

5 ARAPAHO TRIBES OF OKLAHOMA.—Immediately upon con6 veyance of title to the trust property by the Tribe to the 

7 United States, without any further action by the Secretary, 

8 the trust property shall be held in trust for the benefit of 

9 the Tribe. 

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

11 States in and to the trust property, except any facilities 

12 constructed under section 4(b), are declared to be held by 

13 the United States in trust for the Tribe. 

14 SEC. 4. IMPROVEMENTS AND FACILITIES. 

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

16 donation the improvements in fee. 

17 (b) FACILITIES.— 

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

19 a facility on the trust property only after consulting 

20 with, soliciting advice from, and obtaining the agree21 ment of, the Tribe, the Northern Cheyenne Tribe, and 

22 the Northern Arapaho Tribe. 

23 (2) OWNERSHIP.—Facilities constructed with 

24 Federal funds or funds donated to the United States 

25 shall be owned in fee by the United States.
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1 (c) FEDERAL FUNDS.—For the purposes of the con2 struction, maintenance, or demolition of improvements or 

3 facilities, Federal funds shall be expended only on improve4 ments or facilities that are owned in fee by the United 

5 States. 

6 SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DE7 SCRIPTION. 

8 (a) SURVEY OF BOUNDARY LINE.—To accurately es9 tablish the boundary of the trust property, not later than 

10 180 days after the date of enactment of this Act, the Sec11 retary shall cause a survey to be conducted by the Office 

12 of Cadastral Survey of the Bureau of Land Management 

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

14 (b) PUBLICATION OF LAND DESCRIPTION.— 

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

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

17 the representatives of the Tribe, the Secretary shall 

18 cause the full metes and bounds description of the 

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

20 property, to be published in the Federal Register. 

21 (2) EFFECT.—The description shall, on publica22 tion, constitute the official description of the trust 

23 property. 
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S 2173 RS 

1 SEC. 6. ADMINISTRATION OF TRUST PROPERTY. 

2 (a) IN GENERAL.—The trust property shall be admin3 istered in perpetuity by the Secretary as part of the Sand 

4 Creek Massacre National Historic Site, only for historical, 

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

6 Sand Creek Massacre National Historic Site Establishment 

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

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

9 administration, the Secretary shall have access to the trust 

10 property, improvements, and facilities as necessary for 

11 management of the Sand Creek Massacre National Historic 

12 Site in accordance with the Sand Creek Massacre National 

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

14 note; Public Law 106–465). 

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

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

17 property is used only in accordance with this section. 

18 (d) SAVINGS PROVISION.—Nothing in this Act super19 sedes the laws and policies governing units of the National 

20 Park System. 

21 SEC. 7. ACQUISITION OF PROPERTY. 

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

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

24 note; Public Law 106–465) is amended by inserting ‘‘or ex25 change’’ after ‘‘only by donation’’.
Calendar No. 679

108TH CONGRESS 

2D SESSION S. 2173

[Report No. 108–323] 

A BILL

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

AUGUST 25, 2004

Reported with an amendment