[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9351-S9352]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      SAND CREEK MASSACRE NATIONAL HISTORIC SITE TRUST ACT OF 2004

  The Senate proceeded to consider the bill (S. 2173) to further the 
purposes of the Sand Creek Massacre National Historic Site 
Establishment Act of 2000, which had been reported from the Committee 
on Energy and Natural Resources, with an amendment to strike all after 
the enacting clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                S. 2173

       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 2004''.

     [SEC. 2. DECLARATION OF POLICY.

       [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.

     [SEC. 3. DEFINITIONS.

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

     [SEC. 4. TRANSFER OF LAND HELD IN TRUST FOR THE CHEYENNE AND 
                   ARAPAHO TRIBES OF OKLAHOMA.

       [(a) Land Held in Trust for the Cheyenne and Arapaho Tribes 
     of Oklahoma.--

[[Page S9352]]

       [(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.
       [(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.
       [(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:
       [(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.
       [(2) All of sec. 25, T. 17 S., R. 46 W., Colorado Principal 
     Meridian.
       [(3) All of sec. 30, T. 17 S., R. 45 W., Colorado Principal 
     Meridian.

     [SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION.

       [(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).
       [(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 descriptions shall, on publication, 
     constitute the official descriptions of the trust property.

     [SEC. 6. ADMINISTRATION OF TRUST PROPERTY.

       [(a) In General.--The trust property is declared to be part 
     of the Indian reservation of the Tribe.
       [(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).

     [SEC. 7. RELIGIOUS AND CULTURAL USES.

       [(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.
       [(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.]

     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''.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2173), as amended, was read the third time and passed.

                          ____________________