II 

109TH CONGRESS 

1ST SESSION S. 57 

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

Establishment Act of 2000. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. ALLARD introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

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 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FACILITY.—The term ‘‘facility’’ means any 

9 structure, utility, road, or sign constructed on the 
2 

•S 57 IS

1 trust property on or after the date of enactment of 

2 this Act. 

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

4 means— 

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

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

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

8 meridian; 

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

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

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

12 principal meridian; 

13 (C) a livestock corral and shelter; and 

14 (D) a water system and wastewater system 

15 with all associated utility connections. 

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

17 the Secretary of the Interior. 

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

19 Cheyenne and Arapaho Tribes of Oklahoma, a feder20 ally recognized Indian tribe. 

21 (5) TRUST PROPERTY.—The term ‘‘trust prop22 erty’’ means the real property, including rights to all 

23 minerals, and excluding the improvements, formerly 

24 known as the ‘‘Dawson Ranch’’, consisting of ap25 proximately 1,465 total acres presently under the ju-
3 

•S 57 IS

1 risdiction of the Tribe, situated within Kiowa Coun2 ty, Colorado, and more particularly described as fol3 lows: 

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

5 46W., sixth principal meridian, that is the 

6 Eastern half of the NW quarter, the SW quar7 ter of the NE quarter, the NW quarter of the 

8 SE quarter, sixth principal meridian. 

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

10 sixth principal meridian. 

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

12 sixth principal meridian. 

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

14 THE CHEYENNE AND ARAPAHO TRIBES OF 

15 OKLAHOMA. 

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

17 ARAPAHO TRIBES OF OKLAHOMA.—On conveyance of title 

18 to the trust property by the Tribe to the United States, 

19 without any further action by the Secretary, the trust 

20 property shall be held in trust for the benefit of the Tribe. 

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

22 United States in and to the trust property, except any fa23 cilities constructed under section 4(b), are declared to be 

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

•S 57 IS

1 SEC. 4. IMPROVEMENTS AND FACILITIES. 

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

3 donation the improvements in fee. 

4 (b) FACILITIES.— 

5 (1) IN GENERAL.—The Secretary may con6 struct a facility on the trust property only after con7 sulting with, soliciting advice from, and obtaining 

8 the agreement of, the Tribe, the Northern Cheyenne 

9 Tribe, and the Northern Arapaho Tribe. 

10 (2) OWNERSHIP.—Facilities constructed with 

11 Federal funds or funds donated to the United States 

12 shall be owned in fee by the United States. 

13 (c) FEDERAL FUNDS.—For the purposes of the con14 struction, maintenance, or demolition of improvements or 

15 facilities, Federal funds shall be expended only on im16 provements or facilities that are owned in fee by the 

17 United States. 

18 SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DE19 SCRIPTION. 

20 (a) SURVEY OF BOUNDARY LINE.—To accurately es21 tablish the boundary of the trust property, not later than 

22 180 days after the date of enactment of this Act, the Sec23 retary shall cause a survey to be conducted by the Office 

24 of Cadastral Survey of the Bureau of Land Management 

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

26 (b) PUBLICATION OF LAND DESCRIPTION.— 
5 

•S 57 IS

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

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

3 by the representatives of the Tribe, the Secretary 

4 shall cause the full metes and bounds description of 

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

6 trust property, to be published in the Federal Reg7 ister. 

8 (2) EFFECT.—The description shall, on publica9 tion, constitute the official description of the trust 

10 property. 

11 SEC. 6. ADMINISTRATION OF TRUST PROPERTY. 

12 (a) IN GENERAL.—The trust property shall be ad13 ministered in perpetuity by the Secretary as part of the 

14 Sand Creek Massacre National Historic Site, only for his15 torical, traditional, cultural, and other uses in accordance 

16 with the Sand Creek Massacre National Historic Site Es17 tablishment Act of 2000 (16 U.S.C. 461 note; Public Law 

18 106–465). 

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

20 administration, the Secretary shall have access to the trust 

21 property, improvements, and facilities as necessary for 

22 management of the Sand Creek Massacre National His23 toric Site in accordance with the Sand Creek Massacre 

24 National Historic Site Establishment Act of 2000 (16 

25 U.S.C. 461 note; Public Law 106–465). 
6 

•S 57 IS

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

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

3 property is used only in accordance with this section. 

4 (d) SAVINGS PROVISION.—Nothing in this Act super5 sedes the laws and policies governing units of the National 

6 Park System. 

7 SEC. 7. ACQUISITION OF PROPERTY. 

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

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

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

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

Æ