Sand Creek Massacre National Historic Site Establishment Act of 2000
PL 106-465 (S.2950), enacted 11/07/2000

PUBLIC LAW 106-465—NOV. 7, 2000 
114 STAT. 2019 
Public Law 106-465 
106th Congress 
An Act 
To authorize the Secretary of the Interior to estabhsh the Sand Creek Massacre 
National Historic Site in the State of Colorado. 
Be it enacted by the Senate and House of Representatives 
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 southeastern Colorado territory 
was attacked by approximately 700 volunteer soldiers com-
manded by Colonel John M. Chivington; 
(2) more than 150 Cheyenne and Arapaho were killed in 
the attack, most of whom were women, children, 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 signifi-
cance 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 between Native Americans 
and people of European and other origins concerning the land 
that now comprises the United States; 
(6) Congress, in enacting the Sand Creek Massacre 
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 environmental 
impacts and preliminary cost estimates for facility development, 
administration, and necessary land acquisition. 
Ot)) PURPOSES.—^The purposes of this Act are— 
Nov. 7, 2000 
[S. 2950] 
Sand Creek 
Massacre 
Nationjil Historic 
Site 
Establishment 
Act of 2000. 
16 u s e 461 note. 
114 STAT. 2020 
PUBLIC LAW 106-465—NOV. 7, 2000 
(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 general 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 "management 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 Director 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. 
SEC. 4. ESTABLISHMENT. 
(a) IN GENERAL.— 
(1) DETERMINATION.—On a determination by the Secretary 
that land described in subsection (b)(1) containing a sufficient 
quantity of resources to provide for the preservation, memori-
alization, commemoration, and interpretation of the Sand Creek 
Massacre has been acquired by the National Park Service, 
the Secretary shall establish the Sand Creek Massacre National 
Historic Site, Colorado. 
Federal Register, 
(2) PUBLICATION.—^The Secretary shall publish in the Fed-
publication, 
eral Register a notice of the determination of the Secretary 
under paragraph (1). 
(b) BOUNDARY.— 
(1) MAP AND ACREAGE.—^The site shall consist of approxi-
mately 12,480 acres in Kiowa County, Colorado, the site of 
the Sand Creek Massacre, as generally depicted on the map 
entitled, "Sand Creek Massacre Historic Site", numbered, 
SAND 80,013 IR, and dated July 1, 2000. 
(2) LEGAL DESCRIPTION.—^The Secretary shall prepare a 
legal description of the land and interests in land described 
in paragraph (1). 
(3) PUBLIC AVAILABILITY.—^The map prepared under para-
graph (1) and the legal description prepared under paragraph 
(2) shall be on file and available for public inspection in the 
appropriate offices of the National Park Service. 
PUBLIC LAW 106-465—NOV. 7, 2000 
114 STAT. 2021 
(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. 4601-9(c)). 
SEC. 5. ADMINISTBATION. 
(a) IN GENERAL.—^The Secretary shall manage the site in 
accordance with— 
(1) this Act; 
(2) the Act entitled "An Act to establish a National Park 
Service, and for other purposes", approved 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 management of units 
of the National Park System. 
(b) MANAGEMENT.—^The Secretary shall manage the site— 
(1) to protect and preserve the site, including— 
(A) the topographic features that the Secretary deter-
mines 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 land-
scape of the site as it appeared at the time of the Sand 
Creek Massacre; 
(2)(A) to interpret the natural and cultural resource values 
associated with the site; and 
(B) provide for public understanding and appreciation 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 management plan and 
preparing educational programs for the public about the site, 
the Secretary shall consult with and solicit advice and rec-
ommendations from the tribes and the State. 
(2) AGREEMENTS.—^The Secretary may enter into coopera-
tive agreements with the tribes (including boards, committees, 
enterprises, and traditional leaders of the tribes) and the State 
to carry out this Act. 
SEC. 6. ACQUISITION OF PROPERTY. 
(a) IN GENERAL.—^The Secretary may 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, exchsmge, or other means, except that 
any land or interest in land owned by the State (including 
a political subdivision of the State) may be acquired only by 
donation. 
(b) PRIORITY FOR ACQUISITION.—The Secretary shall give pri-
ority to the acquisition of land containing the marker in existence 
on the date of enactment of this Act, which states "Sand Creek 
114 STAT. 2022 
PUBLIC LAW 106-465—NOV. 7, 2000 
Battleground, November 29 and 30, 1864", within the boundary 
of the site. 
(c) COST-EFFECTIVENESS.— 
(1) IN GENERAL.—In acquiring land for the site, the Sec-
retary, to the maximum extent practicable, shall use cost-effec-
tive alternatives to Federal fee ownership, including— 
(A) the acquisition of conservation easements; and 
(B) other means of acquisition that are consistent with 
local zoning requirements. 
(2) SUPPORT FACILITIES.—A support facility for the site 
that is not within the designated boundary of the site may 
be located in Kiowa County, Colorado, subject to an agreement 
between the Secretary and the Commissioners of Kiowa County, 
Colorado. 
SEC. 7. MANAGEMENT PLAN. 
Deadline. 
(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 resources of the 
site; 
(2) requirements for the type and extent of development 
and use of the site, including, for each development— 
(A) the general location; 
(B) timing and implementation requirements; and 
(C) anticipated costs; 
(3) requirements for offsite support facilities in Kiowa 
County; 
(4) identification of, and implementation commitments for, 
visitor canying capacities for all areas of the site; 
(5) opportunities for involvement by the tribes and the 
State 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 reasonable rights 
of access to, and use of, federally acquired land within the site, 
in accordance with the terms and conditions of a written agreement 
between the Secretary and the tribe of which the descendant is 
a member. 
(b) 
COMMEMORATIVE 
NEEDS.—In 
addition 
to 
the 
rights 
described in subsection (aX any reasonable need of a descendant 
shall be considered in park planning and operations, especially 
with respect to commemorative activities in designated areas within 
the site. 
SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CULTURAL AND HISTOR-
ICAL OBSERVANCE. 
(a) ACCESS.— 
(1) IN GENERAL.—^The Secretary shall grant to any descend-
ant or other member of a tribe reasonable access to federally 
acquired land within the site for the purpose of carrying out 
a traditional, cultural, or historical observance. 
PUBLIC LAW 106-465—NOV. 7, 2000 
114 STAT. 2023 
(2) No FEE.—^The Secretary shall not charge any fee for 
access granted under paragraph (1). 
(b) CONDITIONS OF ACCESS.—In granting access under sub-
section (a), the Secretary shall temporarily dose to the general 
public one or more specific portions of the site in order to protect 
the privacy of tribal members engaging 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 establish-
ment 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 protected. 
(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 authority under 
this section, the Secretary shall consult with, and solicit advice 
and recommendations from, descendants and the tribes. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 
Approved November 7, 2000. 
LEGISLATIVE HISTORY—S. 2950: 
SENATE REPORTS: No. 106-418 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 5, considered and passed Senate. 
Oct. 23, considered and passed House.