I
106TH CONGRESS
2D SESSION
H. R. 5371
To authorize the Secretary of the Interior to establish the Sand Creek
Massacre National Historic Site in the State of Colorado.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 3, 2000
Mr. SCHAFFER introduced the following bill; which was referred to the
Committee on Resources
A BILL
To authorize the Secretary of the Interior to establish the
Sand Creek Massacre National Historic Site in the State
of Colorado.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sand Creek Massacre
National Historic Site Establishment Act of 2000’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) on November 29, 1864, a peaceful village of
Cheyenne and Arapaho Indians under the leadership
of Chief Black Kettle, along Sand Creek in south-
eastern Colorado territory was attacked by approxi-
mately 700 volunteer soldiers commanded by Colonel
John M. Chivington;
(2) more than 150 Cheyenne and Arapaho were
killed in the attack, most of whom were women, chil-
dren, or elderly;
(3) during the massacre and the following day,
the soldiers committed atrocities on the dead before
withdrawing from the field;
(4) the site of the Sand Creek Massacre is of
great significance to descendants of the victims of
the massacre and their respective tribes, for the
commemoration of ancestors at the site;
(5) the site is a reminder of the tragic extremes
sometimes reached in the 500 years of conflict be-
tween Native Americans and people of European
and other origins concerning the land that now com-
prises the United States;
(6) Congress, in enacting the Sand Creek Mas-
sacre National Historic Site Study Act of 1998
(Public Law 105–243; 112 Stat. 1579), directed the
National Park Service to complete a resources study
of the site;
(7) the study completed under that Act—
(A) identified the location and extent of
the area in which the massacre took place; and
(B) confirmed the national significance,
suitability, and feasibility of, and evaluated
management options for, that area, including
designation of the site as a unit of the National
Park System; and
(8) the study included an evaluation of environ-
mental impacts and preliminary cost estimates for
facility development, administration, and necessary
land acquisition.
(b) PURPOSES.—The purposes of this Act are—
(1) to recognize the importance of the Sand
Creek Massacre as—
(A) a nationally significant element of
frontier military and Native American history;
and
(B) a symbol of the struggles of Native
American tribes to maintain their way of life on
ancestral land;
(2) to authorize, on acquisition of sufficient
land, the establishment of the site of the Sand Creek
Massacre as a national historic site; and
(3) to provide opportunities for the tribes and
the State to be involved in the formulation of gen-
eral management plans and educational programs
for the national historic site.
SEC. 3. DEFINITIONS.
In this Act:
(1) DESCENDANT.—The term ‘‘descendant’’
means a member of a tribe, an ancestor of whom
was injured or killed in, or otherwise affected by, the
Sand Creek Massacre.
(2) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan required to
be developed for the site under section 7(a).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the National Park Service.
(4) SITE.—The term ‘‘site’’ means the Sand
Creek Massacre National Historic Site established
under section 4(a).
(5) STATE.—The term ‘‘State’’ means the State
of Colorado.
(6) TRIBE.—The term ‘‘tribe’’ means—
(A) the Cheyenne and Arapaho Tribes of
Oklahoma;
(B) the Northern Cheyenne Tribe; or
(C) the Northern Arapaho Tribe.
able for public inspection in the appropriate offices
of the National Park Service.
(4) BOUNDARY REVISION.—The Secretary may,
as necessary, make minor revisions to the boundary
of the site in accordance with section 7(c) of the
Land and Water Conservation Act of 1965 (16
U.S.C. 460l–9(c)).
SEC. 5. ADMINISTRATION.
(a) IN GENERAL.—The Secretary shall manage the
site in accordance with—
(1) this Act;
(2) the Act entitled ‘‘An Act to establish a Na-
tional Park Service, and for other purposes’’, ap-
proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1
et seq.);
(3) the Act of August 21, 1935 (16 U.S.C. 461
et seq.); and
(4) other laws generally applicable to manage-
ment of units of the National Park System.
(b) MANAGEMENT.—The Secretary shall manage the
publicly-owned lands within the boundary of the site—
(1) to protect and preserve the site, including—
(A) the topographic features that the Sec-
retary determines are important to the site;
(B) artifacts and other physical remains of
the Sand Creek Massacre; and
(C) the cultural landscape of the site, in a
manner that preserves, as closely as practicable,
the cultural landscape of the site as it appeared
at the time of the Sand Creek Massacre;
(2)(A) to interpret the natural and cultural re-
source values associated with the site; and
(B) provide for public understanding and ap-
preciation of, and preserve for future generations,
those values; and
(3) to memorialize, commemorate, and provide
information to visitors to the site to—
(A) enhance cultural understanding about
the site; and
(B) assist in minimizing the chances of
similar incidents in the future.
(c) CONSULTATION AND TRAINING.—
(1) IN GENERAL.—In developing the manage-
ment plan and preparing educational programs for
the public about the site, the Secretary shall consult
with, and solicit advice and recommendations from,
the tribes, the State, and local governments.
(2) AGREEMENTS.—The Secretary may enter
into cooperative agreements with the tribes (includ-
ing boards, committees, enterprises, and traditional
leaders of the tribes), the State, and local govern-
ments to carry out this Act.
SEC. 6. ACQUISITION OF PROPERTY.
(a) IN GENERAL.—The Secretary shall acquire land
and interests in land within the boundaries of the site—
(1) through purchase (including purchase with
donated or appropriated funds) only from a willing
seller; and
(2) by donation or exchange, except that any
land or interest in land owned by the State (includ-
ing a political subdivision of the State) may be ac-
quired only by donation.
(b) AGRICULTURE, RANCHING, PRIVATE LANDS.—
Nothing in this Act shall give the Secretary control over
privately-owned agricultural and ranching lands within the
boundaries of the site.
(c) PRIORITY
FOR ACQUISITION.—The Secretary
shall give priority to the acquisition of land containing the
marker in existence on the date of enactment of this Act,
which states ‘‘Sand Creek Battleground, November 29
and 30, 1864’’, within the boundary of the site.
(d) COST-EFFECTIVENESS.—
(1) IN GENERAL.—In acquiring land for the
site, the Secretary, to the maximum extent prac-
ticable, may use cost-effective alternatives to Federal
fee ownership, including—
(A) the acquisition of conservation ease-
ments; and
(B) by donation or exchange except that
any land or interest in land owned by the State
(including any political subdivision of the State)
may be acquired only by donation.
(2) SUPPORT
FACILITIES.—A support facility
for the site that is not within the designated bound-
ary of the site shall be located in Kiowa County,
Colorado, subject to an agreement between the Sec-
retary and the Commissioners of Kiowa County, Col-
orado.
SEC. 7. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 5 years after the
date on which funds are made available to carry out this
Act, the Secretary shall prepare a management plan for
the site.
(b) INCLUSIONS.—The management plan shall cover,
at a minimum—
(1) measures for the preservation of the re-
sources of the site;
(2) requirements for the type and extent of de-
velopment and use of the site, including, for each
development—
(A) the general location;
(B) timing and implementation require-
ments; and
(C) anticipated costs;
(3) requirements for onsite support facilities in
Kiowa County;
(4) identification of, and implementation com-
mitments for, visitor carrying capacities for all areas
of the site;
(5) opportunities for involvement by the tribes,
the State, and local government, in the formulation
of educational programs for the site; and
(6) opportunities for involvement by the tribes,
the State, and other local and national entities in
the responsibilities of developing and supporting the
site.
SEC. 8. NEEDS OF DESCENDANTS.
(a) IN GENERAL.—A descendant shall have reason-
able rights of access to, and use of, federally acquired land
within the site, in accordance with the terms and condi-
tions of a written agreement between the Secretary and
the tribe of which the descendant is a member.
(b) COMMEMORATIVE RIGHTS.—In addition to the
rights described in subsection (a), any special need of a
descendant shall be considered in park planning and oper-
ations, especially with respect to commemorative activities
in designated areas within the site.
SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CULTURAL AND
HISTORICAL OBSERVANCE.
(a) ACCESS.—
(1) IN GENERAL.—The Secretary shall grant to
any descendant or other member of a tribe reason-
able access to federally acquired land within the site
for the purpose of carrying out a traditional, cul-
tural, or historical observance.
(2) NO FEE.—The Secretary shall not charge
any fee for access granted under paragraph (1).
(b) CONDITIONS
OF ACCESS.—In granting access
under subsection (a), the Secretary shall temporarily close
to the general public one or more specific portions of the
site in order to protect the privacy of tribal members en-
gaging in a traditional, cultural, or historical observance
in those portions, and any such closure shall be made in
a manner that affects the smallest practicable area for the
minimum period necessary for the purposes described
above.
(c) SAND CREEK REPATRIATION SITE.—
(1) IN GENERAL.—The Secretary shall dedicate
a portion of the federally acquired land within the
site to the establishment and operation of a site at
which certain items referred to in paragraph (2)
that are repatriated under the Native American
Graves Protection and Repatriation Act (25 U.S.C.
300 et seq.) or any other provision of law may be
interred, reinterred, preserved, or otherwise pro-
tected.
(2) ACCEPTABLE ITEMS.—The items referred to
in paragraph (1) are any items associated with the
Sand Creek Massacre, such as—
(A) Native American human remains;
(B) associated funerary objects;
(C) unassociated funerary objects;
(D) sacred objects; and
(E) objects of cultural patrimony.
(d) TRIBAL CONSULTATION.—In exercising any au-
thority under this section, the Secretary shall consult with,
and solicit advice and recommendations from, descendants
and the tribes.
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