[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1695 Reported in Senate (RS)]






                                                       Calendar No. 464
105th CONGRESS
  2d Session
                                S. 1695

                          [Report No. 105-244]

  To establish the Sand Creek Massacre National Historic Site in the 
                           State of Colorado.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 1998

 Mr. Campbell (for himself, Mrs. Hutchison, and Mr. Allard) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

                             July 10, 1998

 Reported by Mr. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Sand Creek Massacre 
National Historic Site Preservation Act of 1998''.</DELETED>

<DELETED>SEC. 2. SAND CREEK MASSACRE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) on November 29, 1864, Colonel John M. 
        Chivington led a group of 700 armed soldiers to the Sand Creek 
        Indian Reservation located within the Territory of Colorado, 
        and slaughtered between 200 and 500 Cheyenne and Arapaho 
        Indians, the majority of whom were women and 
        children;</DELETED>
        <DELETED>    (2) a private landowner currently holds title to 
        the land that constitutes the site of the Sand Creek Massacre 
        and is a voluntary and willing seller of the land;</DELETED>
        <DELETED>    (3) the site is of great significance to the 
        Cheyenne and Arapaho Indian descendants of those who lost their 
        lives at the incident at Sand Creek, and those descendants 
        deserve the right of unfettered visitation to the 
        site.</DELETED>
<DELETED>    (b) Definitions.--In this section:</DELETED>
        <DELETED>    (1) National historic site.--The term ``National 
        Historic Site'' means the Sand Creek Massacre National Historic 
        Site established by subsection (c).</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Director of the 
        National Park Service.</DELETED>
<DELETED>    (c) Establishment.--To provide for the preservation and 
interpretation of the Sand Creek Massacre, there is established the 
Sand Creek Massacre National Historic Site in the State of 
Colorado.</DELETED>
<DELETED>    (d) Boundary.--</DELETED>
        <DELETED>    (1) In general.--The National Historic Site shall 
        consist of such land and interests in land in Kiowa County, 
        Colorado, as the Secretary may acquire under subsection (f) at 
        the site of the Sand Creek Massacre in Kiowa County, 
        Colorado.</DELETED>
        <DELETED>    (2) Map and legal description.--The Secretary 
        shall prepare a map and legal description of the land and 
        interests in land described in paragraph (1).</DELETED>
        <DELETED>    (3) Public availability.--The map and legal 
        description prepared under paragraph (2) shall be on file in 
        the offices of the Director of the National Park Service, 
        Department of the Interior, and other appropriate offices of 
        the National Park Service.</DELETED>
        <DELETED>    (4) Boundary revision.--The Secretary may, from 
        time to time, make minor revisions in the boundary of the 
        National Historic Site in accordance with section 7(c) of the 
        Land and Water Conservation Act of 1965 (16 U.S.C. 460l-
        9(c)).</DELETED>
<DELETED>    (e) Administration.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall manage the 
        National Historic Site in accordance with this section and the 
        law generally applicable to units of the National Park System, 
        including the Act of August 25, 1916 (39 Stat. 535, chapter 
        408; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 
        Stat. 666, chapter 593; 16 U.S.C. 461 et seq.).</DELETED>
        <DELETED>    (2) Management.--The Secretary shall manage the 
        National Historic Site for the following purposes, among 
        others:</DELETED>
                <DELETED>    (A) To protect and preserve the National 
                Historic Site (including the topographic features 
                important to the massacre site, artifacts and other 
                physical remains of the massacre, and the visual scene) 
                as closely as practicable to their condition at the 
                time of the massacre.</DELETED>
                <DELETED>    (B) To interpret the cultural and natural 
                resources of the site in a manner that promotes public 
                understanding and appreciation of the site so as to 
                perpetuate the qualities and values of the site for 
                future generations.</DELETED>
        <DELETED>    (3) Consultation and training.--The Secretary 
        shall consult regularly with representatives of the Cheyenne 
        Tribe and Arapaho Tribe on the formulation of the management 
        plan under subsection (g) and on preparation of educational 
        programs made available to the public.</DELETED>
        <DELETED>    (4) Cooperative agreements.--The Secretary may 
        enter into cooperative agreements with the Cheyenne Tribe and 
        Arapaho Tribe or a subordinate board, committee, enterprise, or 
        leader to carry out this section.</DELETED>
<DELETED>    (f) Acquisition of Property.--Within the boundaries of the 
National Historic Site, the Secretary may acquire, in accordance with 
applicable procedures of the Department of the Interior, land and 
interests in land by donation, purchase at fair market value with 
donated or appropriated funds, or exchange, except that--</DELETED>
        <DELETED>    (1) no land or interest in land within the 
        National Historic Site may be acquired without the consent of 
        the owner; and</DELETED>
        <DELETED>    (2) any land or interest in land owned by the 
        State of Colorado or any political subdivision of the State may 
        be acquired only by donation.</DELETED>
<DELETED>    (g) Management Plan.--</DELETED>
        <DELETED>    (1) In general.--Not later than 5 years after the 
        date on which funds are made available to carry out this 
        section, the Secretary shall prepare a general management plan 
        for the National Historic Site.</DELETED>
        <DELETED>    (2) Contents.--The plan shall provide for--
        </DELETED>
                <DELETED>    (A) a resource protection 
                program;</DELETED>
                <DELETED>    (B) a visitor use plan that includes 
                programs and facilities that will be provided for 
                public use, including the location and cost of public 
                facilities;</DELETED>
                <DELETED>    (C) a research and curation plan; 
                and</DELETED>
                <DELETED>    (D) a highway signing program.</DELETED>
        <DELETED>    (3) Participation.--The Secretary shall 
        encourage--</DELETED>
                <DELETED>    (A) participation by the Cheyenne Tribe 
                and Arapaho Tribe in the formulation of educational 
                programs for the National Historic Site; and</DELETED>
                <DELETED>    (B) participation by the State of Colorado 
                and other local and national entities willing to share 
                in the responsibilities of developing and supporting 
                the National Historic Site.</DELETED>
<DELETED>    (h) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sand Creek Massacre National 
Historic Site Study Act of 1998''.

SEC. 2. FINDINGS.

    (a) Findings.--Congress finds that--
            (1) on November 29, 1864, Colonel John M. Chivington led a 
        group of 700 armed soldiers to a peaceful Cheyenne village of 
        more than 100 lodges on the Big Sandy, also known as Sand 
        Creek, located within the Territory of Colorado, and in a 
        running fight that ranged several miles upstream along the Big 
        Sandy, slaughtered several hundred Indians in Chief Black 
        Kettle's village, the majority of whom were women and children;
            (2) the incident was quickly recognized as a national 
        disgrace and investigated and condemned by 2 congressional 
        committees and a military commission;
            (3) although the United States admitted guilt and 
        reparations were provided for in article VI of the Treaty of 
        Little Arkansas of October 14, 1865 (14 Stat. 703) between the 
        United States and the Cheyenne and Arapaho Tribes of Indians, 
        those treaty obligations remain unfulfilled;
            (4) land at or near the site of the Sand Creek Massacre may 
        be available for purchase from a willing seller; and
            (5) the site is of great significance to the Cheyenne and 
        Arapaho Indian descendants of those who lost their lives at the 
        incident at Sand Creek and to their tribes, and those 
        descendants and tribes deserve the right of open access to 
        visit the site and rights of cultural and historical observance 
        at the site.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior acting through the Director of the National 
Park Service.
            (2) Site.--The term ``site'' means the Sand Creek massacre 
        site described in section 2.
            (3) Tribes.--The term ``Tribes'' means--
                    (A) the Cheyenne and Arapaho Tribe of Oklahoma;
                    (B) the Northern Cheyenne Tribe; and
                    (C) the Northern Arapaho Tribe.

SEC. 4. STUDY.

    (a) In General.--Not later than 18 months after the date on which 
funds are made available for the purpose, the Secretary, in 
consultation with the Tribes and the State of Colorado, shall submit to 
the Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives a resource study 
of the site.
    (b) Contents.--The study under subsection (a) shall--
            (1) identify the location and extent of the massacre area 
        and the suitability and feasibility of designating the site as 
        a unit of the National Park System; and
            (2) include cost estimates for any necessary acquisition, 
        development, operation and maintenance, and identification of 
        alternatives for the management, administration, and protection 
        of the area.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
            Amend the title so as to read: ``A bill to authorize the 
        Secretary of the Interior to study the suitability and 
        feasibility of designating the Sand Creek Massacre National 
        Historic Site in the State of Colorado as a unit of the 
        National Park System, and for other purposes.''.




                                                       Calendar No. 464

105th CONGRESS

  2d Session

                                S. 1695

                          [Report No. 105-244]

_______________________________________________________________________

                                 A BILL

  To establish the Sand Creek Massacre National Historic Site in the 
                           State of Colorado.

_______________________________________________________________________

                             July 10, 1998

        Reported with an amendment and an amendment to the title