Sand Creek Massacre National Historic Site Trust Act of 2005
PL 109-45 (H.R.481), enacted 08/02/2005

119 STAT. 445
PUBLIC LAW 109–45—AUG. 2, 2005
Public Law 109–45
109th Congress
An Act
To further the purposes of the Sand Creek Massacre National Historic Site Establish-
ment Act of 2000.
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 Trust Act of 2005’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) FACILITY.—The term ‘‘facility’’ means any structure,
utility, road, or sign constructed on the trust property on or
after the date of enactment of this Act.
(2) IMPROVEMENT.—The term ‘‘improvement’’ means—
(A) a 1,625 square foot 1-story ranch house, built in
1952, located in the SW quarter of sec. 30, T. 17 S., R.
45 W., sixth principal meridian;
(B) a 3,600 square foot metal-constructed shop
building, built in 1975, located in the SW quarter of sec.
30, T. 17 S., R. 45 W., sixth principal meridian;
(C) a livestock corral and shelter; and
(D) a water system and wastewater system with all
associated utility connections.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) TRIBE.—The term ‘‘Tribe’’ means the Cheyenne and
Arapaho Tribes of Oklahoma, a federally recognized Indian
tribe.
(5) TRUST PROPERTY.—The term ‘‘trust property’’ means
the real property, including rights to all minerals, and excluding
the improvements, formerly known as the ‘‘Dawson Ranch’’,
consisting of approximately 1,465 total acres presently under
the jurisdiction of the Tribe, situated within Kiowa County,
Colorado, and more particularly described as follows:
(A) The portion of sec. 24, T. 17 S., R. 46 W., sixth
principal meridian, that is the Eastern half of the NW
quarter, the SW quarter of the NE quarter, the NW quarter
of the SE quarter, sixth principal meridian.
(B) All of sec. 25, T. 17 S., R. 46 W., sixth principal
meridian.
(C) All of sec. 30, T. 17 S., R. 45 W., sixth principal
meridian.
Sand Creek
Massacre
National Historic
Trust Act of
2005.
16 USC 461 note.
Aug. 2, 2005
[H.R. 481]
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119 STAT. 446
PUBLIC LAW 109–45—AUG. 2, 2005
SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR THE CHEY-
ENNE AND ARAPAHO TRIBES OF OKLAHOMA.
(a) LAND HELD IN TRUST FOR THE CHEYENNE AND ARAPAHO
TRIBES OF OKLAHOMA.—On conveyance of title to the trust property
by the Tribe to the United States, without any further action
by the Secretary, the trust property shall be held in trust for
the benefit of the Tribe.
(b) TRUST.—All right, title, and interest of the United States
in and to the trust property, except any facilities constructed under
section 4(b), are declared to be held by the United States in trust
for the Tribe.
SEC. 4. IMPROVEMENTS AND FACILITIES.
(a) IMPROVEMENTS.—The Secretary may acquire by donation
the improvements in fee.
(b) FACILITIES.—
(1) IN GENERAL.—The Secretary may construct a facility
on the trust property only after consulting with, soliciting
advice from, and obtaining the agreement of, the Tribe, the
Northern Cheyenne Tribe, and the Northern Arapaho Tribe.
(2) OWNERSHIP.—Facilities constructed with Federal funds
or funds donated to the United States shall be owned in fee
by the United States.
(c) FEDERAL FUNDS.—For the purposes of the construction,
maintenance, or demolition of improvements or facilities, Federal
funds shall be expended only on improvements or facilities that
are owned in fee by the United States.
SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION.
(a) SURVEY OF BOUNDARY LINE.—To accurately establish the
boundary of the trust property, not later than 180 days after the
date of enactment of this Act, the Secretary shall cause a survey
to be conducted by the Office of Cadastral Survey of the Bureau
of Land Management of the boundary lines described in section
2(5).
(b) PUBLICATION OF LAND DESCRIPTION.—
(1) IN GENERAL.—On completion of the survey under sub-
section (a), and acceptance of the survey by the representatives
of the Tribe, the Secretary shall cause the full metes and
bounds description of the lines, with a full and accurate descrip-
tion of the trust property, to be published in the Federal Reg-
ister.
(2) EFFECT.—The description shall, on publication, con-
stitute the official description of the trust property.
SEC. 6. ADMINISTRATION OF TRUST PROPERTY.
(a) IN GENERAL.—The trust property shall be administered
in perpetuity by the Secretary as part of the Sand Creek Massacre
National Historic Site, only for historical, traditional, cultural, and
other uses in accordance with the Sand Creek Massacre National
Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public
Law 106–465).
(b) ACCESS FOR ADMINISTRATION.—For purposes of administra-
tion, the Secretary shall have access to the trust property, improve-
ments, and facilities as necessary for management of the Sand
Creek Massacre National Historic Site in accordance with the Sand
Creek Massacre National Historic Site Establishment Act of 2000
(16 U.S.C. 461 note; Public Law 106–465).
Federal Register,
publication.
Deadline.
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119 STAT. 447
PUBLIC LAW 109–45—AUG. 2, 2005
LEGISLATIVE HISTORY—H.R. 481 (S. 57):
HOUSE REPORTS: No. 109–107 (Comm. on Resources).
SENATE REPORTS: No. 109–20 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 27, considered and passed House.
July 26, considered and passed Senate.
(c) DUTY OF THE SECRETARY.—The Secretary shall take such
action as is necessary to ensure that the trust property is used
only in accordance with this section.
(d) SAVINGS PROVISION.—Nothing in this Act supersedes the
laws and policies governing units of the National Park System.
SEC. 7. ACQUISITION OF PROPERTY.
Section 6(a)(2) of the Sand Creek Massacre National Historic
Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law
106–465) is amended by inserting ‘‘or exchange’’ after ‘‘only by
donation’’.
Approved August 2, 2005.
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