[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 481 Enrolled Bill (ENR)]
H.R.481
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
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,
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.
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.--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 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.