II Calendar No. 31 109th CONGRESS 1st Session S. 57 [Report No. 109–20] IN THE SENATE OF THE UNITED STATES January 24, 2005 Mr. Allard (for himself and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources March 8, 2005 Reported by Mr. Domenici, without amendment A BILL To further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.

1.

Short title

This Act may be cited as the Sand Creek Massacre National Historic Site Trust Act of 2005.

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. 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.

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.

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.

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.

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.

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.

March 8, 2005 Reported without amendment