II 

Calendar No. 31 

109TH CONGRESS 

1ST SESSION S. 57 

[Report No. 109–20] 

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

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

MARCH 8, 2005 

Reported by Mr. DOMENICI, without amendment 

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’’. 
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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

5 trust property on or after the date of enactment of 

6 this Act. 

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

8 means— 

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

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

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

12 meridian; 

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

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

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

16 principal meridian; 

17 (C) a livestock corral and shelter; and 

18 (D) a water system and wastewater system 

19 with all associated utility connections. 

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

21 the Secretary of the Interior. 

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.—On conveyance of title 

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

22 without any further action by the Secretary, the trust 

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

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

25 United States in and to the trust property, except any fa-
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1 cilities constructed under section 4(b), are declared to be 

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

3 SEC. 4. IMPROVEMENTS AND FACILITIES. 

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

5 donation the improvements in fee. 

6 (b) FACILITIES.— 

7 (1) IN GENERAL.—The Secretary may con8 struct a facility on the trust property only after con9 sulting with, soliciting advice from, and obtaining 

10 the agreement of, the Tribe, the Northern Cheyenne 

11 Tribe, and the Northern Arapaho Tribe. 

12 (2) OWNERSHIP.—Facilities constructed with 

13 Federal funds or funds donated to the United States 

14 shall be owned in fee by the United States. 

15 (c) FEDERAL FUNDS.—For the purposes of the con16 struction, maintenance, or demolition of improvements or 

17 facilities, Federal funds shall be expended only on im18 provements or facilities that are owned in fee by the 

19 United States. 

20 SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DE21 SCRIPTION. 

22 (a) SURVEY OF BOUNDARY LINE.—To accurately es23 tablish the boundary of the trust property, not later than 

24 180 days after the date of enactment of this Act, the Sec25 retary shall cause a survey to be conducted by the Office 
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1 of Cadastral Survey of the Bureau of Land Management 

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

3 (b) PUBLICATION OF LAND DESCRIPTION.— 

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

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

6 by the representatives of the Tribe, the Secretary 

7 shall cause the full metes and bounds description of 

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

9 trust property, to be published in the Federal Reg10 ister. 

11 (2) EFFECT.—The description shall, on publica12 tion, constitute the official description of the trust 

13 property. 

14 SEC. 6. ADMINISTRATION OF TRUST PROPERTY. 

15 (a) IN GENERAL.—The trust property shall be ad16 ministered in perpetuity by the Secretary as part of the 

17 Sand Creek Massacre National Historic Site, only for his18 torical, traditional, cultural, and other uses in accordance 

19 with the Sand Creek Massacre National Historic Site Es20 tablishment Act of 2000 (16 U.S.C. 461 note; Public Law 

21 106–465). 

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

23 administration, the Secretary shall have access to the trust 

24 property, improvements, and facilities as necessary for 

25 management of the Sand Creek Massacre National His-
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1 toric Site in accordance with the Sand Creek Massacre 

2 National Historic Site Establishment Act of 2000 (16 

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

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

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

6 property is used only in accordance with this section. 

7 (d) SAVINGS PROVISION.—Nothing in this Act super8 sedes the laws and policies governing units of the National 

9 Park System. 

10 SEC. 7. ACQUISITION OF PROPERTY. 

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

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

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

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

Calendar No. 31 

109TH CONGRESS 

1ST SESSION S. 57 

[Report No. 109–20] 

A BILL 

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

MARCH 8, 2005 

Reported without amendment