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Q: 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 commanded 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
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 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.
(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 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,
memorialization, 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.
(2) Publication.--The Secretary shall publish in the Federal
Register a notice of the determination of the Secretary under
paragraph (1).
(b) Boundary.--
(1) Map and acreage.--The site shall consist of approximately
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 paragraph (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.
(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 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 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 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 recommendations
from the tribes and the State.
(2) Agreements.--The Secretary may enter into cooperative
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, exchange, 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 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.
(c) Cost-Effectiveness.--
(1) In general.--In acquiring land for the site, the Secretary,
to the maximum extent practicable, shall use cost-effective
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.

(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 carrying 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 (a), 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 HISTORICAL
OBSERVANCE.
(a) Access.--
(1) In general.--The Secretary shall grant to any descendant 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.
(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 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 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 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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
A:
Requires descendants of such Indians to have reasonable rights of access to, and use of, federally acquired land within the Site.
Directs the Secretary to: (1) grant to any descendant or tribal member reasonable access to federally acquired land within the Site for carrying out traditional, cultural, or historical observance (closing the area to the general public during such period); and (2) dedicate a portion of the Site to certain burial and commemorative remains and objects.
Authorizes appropriations.