[Congressional Record Volume 144, Number 18 (Monday, March 2, 1998)]
[Senate]
[Pages S1200-S1201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mrs. Hutchison):
  S. 1695. A bill to establish the Sand Creek Massacre National 
Historic Site in the State of Colorado; to the Committee on Energy and 
Natural Resources.


the sand creek massacre national historic site preservation act of 1998

  Mr. CAMPBELL. Madam President, today I introduce legislation that is 
very, very special to me, and which in my opinion is a long time in 
coming to this Nation, to the State of Colorado, and particularly to my 
own ancestors. This bill is entitled the Sand Creek Massacre Site 
Historic Preservation Act of 1998. This legislation would authorize the 
Federal acquisition of property located within Kiowa County, CO, 
designated as a point of interest on virtually every map in this Nation 
and infamously known as the site of the ``Sand Creek Massacre.''
  Today, this property is owned by a private individual, who has strong 
interest in selling the land. The bill I introduce today would 
authorize the National Park Service to acquire this land for fair 
market value in compliance with the agency's standard rules and 
regulations. My bill would permit full public access to this hallowed 
site to the public, and more importantly to the descendants of those 
who lost their lives at Sand Creek.
  To provide some perspective, I would like to briefly explain the 
historical facts surrounding one of the most disgraceful events in 
American history--the Sand Creek Massacre.
  During the early morning hours on the shameful day of November 29, 
1864, a Colonel in the Colorado Militia, religious zealot, by the name 
of John

[[Page S1201]]

Chivington, led a regiment of Colorado Volunteers to the Cheyenne's 
Sand Creek campsite, where a band of Cheyenne led by Black Kettle, a 
well-known ``peace'' chief, was encamped and unsuspecting of his fate 
forthcoming on this date. Federal army officers had promised Black 
Kettle safe passage if he would stay at his campsite and fly the 
American flag along with a white flag of truce over his lodge, but 
Colonel Chivington disregarded that flag, and ordered an attack anyway 
on the unsuspecting village. After many hours of brutal and cowardly 
fighting, the Colorado volunteers lost only nine men in the fight but 
managed to murder over 200 Cheyenne, most of them innocent and unarmed 
women and children. Most men were out hunting and were not in camp. 
When the skirmish ended, the Colorado volunteers scalped and sexually 
mutilated many of the bodies of my people, proudly displaying their 
trophies to cheering crowds in the streets of Denver while desecrating 
the Cheyenne Heritage.
  One report said that Colonel Chivington admonished his soldiers to 
kill the babies in the camp because, according to him, ``nits make 
lice.''
  Many of these facts are not disputed. Congress held an inquiry, in 
fact, after that fatal date and heard extensive testimony on the 
actions of Colonel Chivington, resulting in a discharge of both him and 
then territorial Governor Evans. But since Colonel Chivington's unit 
was not a regular Army unit but rather a Colorado militia which soon 
disbanded after the fateful day, not one of the people were ever 
brought to justice.
  Mr. President, this description of the events cannot begin to 
describe the horror that must have taken place on that day. But this 
bill authorizes our Government to preserve a significant piece of 
history that I believe is needed to remind us not just of the horrible 
deeds that took place in this country to many people in our history, 
but to the Native Americans, and to honor that memory. In fact, at Bent 
Fort, a national historic site just about 30 miles from the location of 
the massacre, National Park officials tell me that the single most 
asked question at the fort is, Where was the Sand Creek massacre 
located?
  I believe that with this property being considered for sale, a rare 
opportunity exists for us to save an important piece of American 
history. We should move forward and try, through whatever means we can, 
to acquire this very sacred site. This action will provide remembrance 
of the event, allow present and future generations of Americans to 
learn from our history, which includes much more glory than disgrace.
  In closing, I do not know of anybody of my own ancestry who did not 
have a relative at that terrible place.
  I urge my colleagues to support this very important preservation 
piece.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1695

       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 Preservation Act of 1998''.

     SEC. 2. SAND CREEK MASSACRE.

       (a) Findings.--Congress finds that--
       (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;
       (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;
       (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.
       (b) Definitions.--In this section:
       (1) National historic site.--The term ``National Historic 
     Site'' means the Sand Creek Massacre National Historic Site 
     established by subsection (c).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (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.
       (d) Boundary.--
       (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.
       (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).
       (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.
       (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)).
       (e) Administration.--
       (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.).
       (2) Management.--The Secretary shall manage the National 
     Historic Site for the following purposes, among others:
       (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.
       (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.
       (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.
       (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.
       (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--
       (1) no land or interest in land within the National 
     Historic Site may be acquired without the consent of the 
     owner; and
       (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.
       (g) Management Plan.--
       (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.
       (2) Contents.--The plan shall provide for--
       (A) a resource protection program;
       (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;
       (C) a research and curation plan; and
       (D) a highway signing program.
       (3) Participation.--The Secretary shall encourage--
       (A) participation by the Cheyenne Tribe and Arapaho Tribe 
     in the formulation of educational programs for the National 
     Historic Site; and
       (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.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

  Mr. CAMPBELL. Mr. President, I ask unanimous consent that my friend 
and colleague from Texas, Senator Hutchison, be added as an original 
cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. I am very pleased to be a cosponsor of the bill that 
was just introduced by my colleague from Colorado. I appreciate the 
fact that he is trying to preserve an important piece of history of our 
country. I will be happy to work with him to make that a reality.
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