[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2173 Reported in Senate (RS)]






                                                       Calendar No. 679
108th CONGRESS
  2d Session
                                S. 2173

                          [Report No. 108-323]

 To further the purposes of the Sand Creek Massacre National Historic 
                    Site Establishment Act of 2000.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2004

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

                            August 25, 2004

 Reported under authority of the order of the Senate of July 22, 2004, 
                   by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To further the purposes of the Sand Creek Massacre National Historic 
                    Site Establishment Act of 2000.

    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 Trust Act of 2004''.</DELETED>

<DELETED>SEC. 2. DECLARATION OF POLICY.</DELETED>

<DELETED>    To further the purposes of the Sand Creek Massacre 
National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; 
Public Law 106-465), this Act authorizes the United States to take 
certain land in Kiowa County, Colorado, owned by the Cheyenne and 
Arapaho Tribes of Oklahoma, into trust.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (2) Tribe.--The term ``Tribe'' means the Cheyenne 
        and Arapaho Tribes of Oklahoma, a federally recognized Indian 
        tribe.</DELETED>
        <DELETED>    (3) Trust property.--The term ``trust property'' 
        means the property described in section 4(b).</DELETED>

<DELETED>SEC. 4. TRANSFER OF LAND HELD IN TRUST FOR THE CHEYENNE AND 
              ARAPAHO TRIBES OF OKLAHOMA.</DELETED>

<DELETED>    (a) Land Held in Trust for the Cheyenne and Arapaho Tribes 
of Oklahoma.--</DELETED>
        <DELETED>    (1) Conveyance.--Not later than 180 days after the 
        date of enactment of this Act, the Tribe shall convey title to 
        the trust property to the United States.</DELETED>
        <DELETED>    (2) Trust.--All right, title, and interest of the 
        United States in and to the trust property, including all 
        improvement on the trust property and appurtenances to the 
        trust property and rights to all minerals, are declared to be 
        held by the United States in trust for the Tribe.</DELETED>
<DELETED>    (b) Land Description.--The trust property is the property 
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:</DELETED>
        <DELETED>    (1) The portion of sec. 24, T. 17 S., R. 46 W., 
        Colorado 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, Colorado Principal Meridian.</DELETED>
        <DELETED>    (2) All of sec. 25, T. 17 S., R. 46 W., Colorado 
        Principal Meridian.</DELETED>
        <DELETED>    (3) All of sec. 30, T. 17 S., R. 45 W., Colorado 
        Principal Meridian.</DELETED>

<DELETED>SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF 
              DESCRIPTION.</DELETED>

<DELETED>    (a) Survey of Boundary Line.--To accurately establish the 
boundary of the trust property, the Secretary shall, not later than 180 
days after the date of enactment of this Act, 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 4(b).</DELETED>
<DELETED>    (b) Publication of Land Description.--</DELETED>
        <DELETED>    (1) In general.--On completion of the survey under 
        subsection (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 description of the trust property, to be published in 
        the Federal Register.</DELETED>
        <DELETED>    (2) Effect.--The descriptions shall, on 
        publication, constitute the official descriptions of the trust 
        property.</DELETED>

<DELETED>SEC. 6. ADMINISTRATION OF TRUST PROPERTY.</DELETED>

<DELETED>    (a) In General.--The trust property is declared to be part 
of the Indian reservation of the Tribe.</DELETED>
<DELETED>    (b) Administration.--The trust property shall be 
administered in perpetuity by the Secretary in accordance with the law 
generally applicable to property held in trust by the United States for 
the benefit of Indian tribes and in accordance with the Sand Creek 
Massacre National Historic Site Establishment Act of 2000 (16 U.S.C. 
461 note; Public Law 106-465).</DELETED>

<DELETED>SEC. 7. RELIGIOUS AND CULTURAL USES.</DELETED>

<DELETED>    (a) In General.--The trust property shall be used only for 
historic, religious, or cultural uses that are compatible with the use 
of the land as a national historic site.</DELETED>
<DELETED>    (b) 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sand Creek Massacre National 
Historic Site Trust Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) 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.
            (3) 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.
            (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. 46W., 
                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.

SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR THE CHEYENNE AND 
              ARAPAHO TRIBES OF OKLAHOMA.

    (a) Land Held in Trust for the Cheyenne and Arapaho Tribes of 
Oklahoma.--Immediately upon 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 
        subsection (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 description of the trust property, to be published in 
        the Federal Register.
            (2) Effect.--The description shall, on publication, 
        constitute 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 administration, the 
Secretary shall have access to the trust property, improvements, 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).
    (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''.




                                                       Calendar No. 679

108th CONGRESS

  2d Session

                                S. 2173

                          [Report No. 108-323]

_______________________________________________________________________

                                 A BILL

 To further the purposes of the Sand Creek Massacre National Historic 
                    Site Establishment Act of 2000.

_______________________________________________________________________

                            August 25, 2004

                       Reported with an amendment