[Congressional Record (Bound Edition), Volume 146 (2000), Part 14]
[Senate]
[Pages 20970-20973]
[From the U.S. Government Publishing Office, www.gpo.gov]



  SAND CREEK MASSACRE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 2000

  The Senate proceeded to consider the bill (S. 2950) to authorize the 
Secretary of the Interior to establish the Sand Creek Massacre National 
Historic Site in the State of Colorado, which had been reported from 
the Committee on Energy and Natural Resources with amendments to omit 
the parts in black brackets and insert the parts printed in italic.

                                S. 2950

       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 Establishment Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) on November 29, 1864, a peaceful village of Cheyenne 
     and [Northern and Southern] Arapaho [Indians] Indians under 
     the leadership of Chief Black Kettle, along Sand Creek in 
     southeastern Colorado territory was attacked by approximately 
     700 volunteer soldiers commanded by Colonel John M. 
     Chivington;
       (2) more than 150 Cheyenne and Arapaho were killed in the 
     attack, most of whom were women, children, or elderly;
       (3) during the massacre and the following day, the soldiers 
     committed atrocities on the dead before withdrawing from the 
     field;
       (4) the site of the Sand Creek Massacre is of great 
     significance[,] to descendants of the victims of the massacre 
     and their respective tribes, for the commemoration of 
     ancestors at the site;
       (5) the site is a reminder of the tragic extremes sometimes 
     reached in the 500 years of conflict between Native Americans 
     and people of European and other origins concerning the land 
     that now comprises the United States;
       (6) Congress, in enacting the Sand Creek Massacre National 
     Historic Site Study Act of 1998 (Public Law 105-243; 112 
     Stat. 1579), directed the National Park Service to complete a 
     resources study of the site;
       (7) the study completed under that Act--
       (A) identified the location and extent of the area in which 
     the massacre took place; and
       (B) confirmed the national significance, suitability, and 
     feasibility of, and evaluated management options for, that 
     area, including designation of the site as a unit of the 
     National Park System; and
       (8) the study included an evaluation of environmental 
     impacts and preliminary cost estimates for facility 
     development, administration, and necessary land acquisition.
       (b) Purposes.--The purposes of this Act are--
       (1) to recognize the importance of the Sand Creek Massacre 
     as--
       (A) a nationally significant element of frontier military 
     and Native American history; and
       (B) a symbol of the struggles of Native American tribes to 
     maintain their way of life on ancestral land;
       (2) to authorize, on acquisition of sufficient land, the 
     establishment of the site of the Sand Creek Massacre as a 
     national historic site; and
       (3) to provide opportunities for [tribes] for the tribes 
     and the State to be involved in the formulation of general 
     management plans and educational programs for the national 
     historic site.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Descendant.--The term ``descendant'' means a member of 
     a tribe, an ancestor of whom was injured or killed in, or 
     otherwise affected by, the Sand Creek Massacre.
       (2) Management plan.--The term ``management plan'' means 
     the management plan required to be developed for the site 
     under section 7(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (4) Site.--The term ``site'' means the Sand Creek Massacre 
     National Historic Site established under section 4(a).
       (5) State.--The term ``State'' means the State of Colorado.
       (6) Tribe.--The term ``tribe'' means--
       (A) the [Cheyenne Tribe] Cheyenne and Arapaho Tribes of 
     Oklahoma;
       [(B) the Arapaho Tribe of Oklahoma;
       [(C)] (B) the Northern Cheyenne Tribe; or
       [(D)] (C) the Northern Arapaho Tribe.

     SEC. 4. ESTABLISHMENT.

       (a) In General.--

[[Page 20971]]

       (1) Determination.--On a determination by the Secretary 
     that land described in subsection (b)(1) containing a 
     sufficient quantity of resources to provide for the 
     preservation, memorialization, commemoration, and 
     interpretation of the Sand Creek Massacre has been acquired 
     by the National Park Service, the Secretary shall establish 
     the Sand Creek Massacre National Historic Site, Colorado.
       (2) Publication.--The Secretary shall publish in the 
     Federal Register a notice of the determination of the 
     Secretary under paragraph (1).
       (b) Boundary.--
       (1) Map and acreage.--The site shall consist of 
     approximately 12,480 acres in Kiowa County, Colorado, the 
     site of the Sand Creek Massacre, as generally depicted on the 
     map entitled, ``Boundary of the Sand Creek Massacre Site'', 
     numbered, SAND 80,009 IR, and dated July 1, 2000.
       (2) Legal description.--The Secretary shall prepare a legal 
     description of the land and interests in land described in 
     paragraph (1).
       (3) Public availability.--The map prepared under paragraph 
     (1) and the legal description prepared under paragraph (2) 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (4) Boundary revision.--The Secretary may, as necessary, 
     make minor revisions to the boundary of the site in 
     accordance with section 7(c) of the Land and Water 
     Conservation Act of 1965 (16 U.S.C. 460l-9(c)).

     SEC. 5. ADMINISTRATION.

       (a) In General.--The Secretary shall manage the site in 
     accordance with--
       (1) this Act;
       (2) the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (39 Stat. 535; 16 U.S.C. 1 et seq.);
       (3) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); and
       (4) other laws generally applicable to management of units 
     of the National Park System.
       (b) Management.--The Secretary shall manage the site--
       (1) to protect and preserve the site, including--
       (A) the topographic features that the Secretary determines 
     are important to the site;
       (B) artifacts and other physical remains of the Sand Creek 
     Massacre; and
       (C) the cultural landscape of the site, in a manner that 
     preserves, as closely as practicable, the cultural landscape 
     of the site as it appeared at the time of the Sand Creek 
     Massacre;
       (2)(A) to interpret the natural and cultural resource 
     values associated with the site; and
       (B) provide for public understanding and appreciation of, 
     and preserve for future generations, those values; and
       (3) to memorialize, commemorate, and provide information to 
     visitors to the site to--
       (A) enhance cultural understanding about the site; and
       (B) assist in minimizing the chances of similar incidents 
     in the future.
       (c) Consultation and Training.--
       (1) In general.--In developing the management plan and 
     preparing educational programs for the public about the site, 
     the Secretary shall consult [with the] with and solicit 
     advice and recommendations from the tribes and the State.
       (2) Agreements.--The Secretary may enter into cooperative 
     agreements with the tribes (including boards, committees, 
     enterprises, and traditional leaders of the tribes) and the 
     State to carry out this Act.

     SEC. 6. ACQUISITION OF PROPERTY.

       (a) In General.--The Secretary may acquire land and 
     interests in land within the boundaries of the site--
       (1) through purchase (including purchase with donated or 
     appropriated funds) only from a willing seller; and
       (2) by donation, exchange, or other means, except that any 
     land or interest in land owned by the State (including a 
     political subdivision of the State) may be acquired only by 
     donation.
       [(b) Agriculture; Ranching.--The Secretary shall permit 
     traditional agricultural and ranching activities conducted at 
     the site on the date of enactment of this Act to continue on 
     privately owned land within the designated boundary of the 
     site in effect on the date of enactment of this Act.
       [(c)] (b) Priority for Acquisition.--The Secretary shall 
     give priority to the acquisition of land containing the 
     marker in existence on the date of enactment of this Act, 
     which states ``Sand Creek Battleground, November 29 and 30, 
     1864'', within the boundary of the site.
       [(d)] (c) Cost-Effectiveness.--
       (1) In general.--In acquiring land for the site, the 
     Secretary, to the maximum extent practicable, shall use cost-
     effective alternatives to Federal fee ownership, including--
       (A) the acquisition of conservation easements; and
       (B) other means of acquisition that are consistent with 
     local zoning requirements.
       (2) Support facilities.--A support facility for the site 
     that is not within the designated boundary of the site may be 
     located in Kiowa County, Colorado, subject to an agreement 
     between the Secretary and the Commissioners of Kiowa County, 
     Colorado.

     SEC. 7. MANAGEMENT PLAN.

       (a) In General.--Not later than 5 years after the date on 
     which funds are made available to carry out this Act, the 
     Secretary shall prepare a management plan for the site.
       (b) Inclusions.--The management plan shall cover, at a 
     minimum--
       (1) measures for the preservation of the resources of the 
     site;
       (2) requirements for the type and extent of development and 
     use of the site, including, for each development--
       (A) the general location;
       (B) timing and implementation requirements; and
       (C) anticipated costs;
       (3) requirements for offsite support facilities in Kiowa 
     County;
       (4) identification of, and implementation commitments for, 
     visitor carrying capacities for all areas of the site;
       (5) opportunities for involvement by the tribes and the 
     State in the formulation of educational programs for the 
     site; and
       (6) opportunities for involvement by the tribes, the State, 
     and other local and national entities in the responsibilities 
     of developing and supporting the site.

     SEC. 8. SPECIAL NEEDS OF DESCENDANTS.

       (a) In General.--A descendant shall have [special] 
     reasonable rights of access to, and use of, federally 
     acquired land within the site, in accordance with the terms 
     and conditions of a written agreement between the Secretary 
     and the tribe of which the descendant is a member.
       (b) Commemorative Needs.--In addition to the rights 
     described in subsection (a), any [special] reasonable need of 
     a descendant shall be considered in park planning and 
     operations, especially with respect to commemorative 
     activities in designated areas within the site.

     SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CULTURAL AND HISTORICAL 
                   OBSERVANCE.

       (a) Access.--
       (1) In general.--The Secretary shall grant to any 
     descendant or other member of a tribe reasonable access to 
     federally acquired land within the site for the purpose of 
     carrying out a traditional, cultural, or historical 
     observance.
       (2) No fee.--The Secretary shall not charge any fee for 
     access granted under paragraph (1).
       [(b) Temporary Measures.--
       [(1) In general.--In addition to access granted under 
     subsection (a), the Secretary, on a request by a tribe, may 
     take such temporary measures as are necessary, regarding 1 or 
     more portions of federally acquired land within the site, to 
     protect the privacy of any traditional, cultural, or 
     historical observance of the tribe that is conducted on that 
     land.
       [(2) Duration; area.--A temporary measure under paragraph 
     (1) shall remain in effect only for the duration of, and with 
     respect to the area in the site that is involved in, the 
     carrying out of a traditional, cultural, or historical 
     observance under paragraph (1).]
       (b) Conditions of Access.--In granting access under 
     subsection (a), the Secretary shall temporarily close to the 
     general public one or more specific portions of the site in 
     order to protect the privacy of tribal members engaging in a 
     traditional, cultural, or historical observance in those 
     portions; and any such closure shall be made in a manner that 
     affects the smallest practicable area for the minimum period 
     necessary for the purposes described above.
       (c) Sand Creek Repatriation Site.--
       (1) In general.--The Secretary shall dedicate a portion of 
     the federally acquired land within the site to the 
     establishment and operation of a site at which certain items 
     referred to in paragraph (2) that are repatriated under the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 300 et seq.) or any other provision of law may be 
     interred, reinterred, preserved, or otherwise protected.
       (2) Acceptable items.--The items referred to in paragraph 
     (1) are any items associated with the Sand Creek Massacre, 
     such as--
       (A) Native American human remains;
       (B) associated funerary objects;
       (C) unassociated funerary objects;
       (D) sacred objects; and
       (E) objects of cultural patrimony.
       (d) Tribal Consultation.--In exercising any authority under 
     this section, the Secretary shall consult with, and solicit 
     advice and recommendations from, descendants and [tribes 
     located in the vicinity of the site.] the tribes.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The amendment (No. 4293) was agreed to, as follows:


                           amendment no. 4293

            (Purpose: Technical and clarifying corrections)

       On page 5, line 23, strike ``Boundary of the San Creek 
     Massacre Site'' and insert in lieu thereof ``Sand Creek 
     Massacre Historic Site''.
       On page 5, line 25, strike ``SAND 80,009 IR'' and insert in 
     lieu thereof ``SAND 80,013 IR''.


[[Page 20972]]


  The committee amendments were agreed to.
  The bill (S. 2950), as amended, was read the third time and passed, 
as follows:

                                S. 2950

       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 Establishment Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) on November 29, 1864, a peaceful village of Cheyenne 
     and Arapaho Indians under the leadership of Chief Black 
     Kettle, along Sand Creek in southeastern Colorado territory 
     was attacked by approximately 700 volunteer soldiers 
     commanded by Colonel John M. Chivington;
       (2) more than 150 Cheyenne and Arapaho were killed in the 
     attack, most of whom were women, children, or elderly;
       (3) during the massacre and the following day, the soldiers 
     committed atrocities on the dead before withdrawing from the 
     field;
       (4) the site of the Sand Creek Massacre is of great 
     significance to descendants of the victims of the massacre 
     and their respective tribes, for the commemoration of 
     ancestors at the site;
       (5) the site is a reminder of the tragic extremes sometimes 
     reached in the 500 years of conflict between Native Americans 
     and people of European and other origins concerning the land 
     that now comprises the United States;
       (6) Congress, in enacting the Sand Creek Massacre National 
     Historic Site Study Act of 1998 (Public Law 105-243; 112 
     Stat. 1579), directed the National Park Service to complete a 
     resources study of the site;
       (7) the study completed under that Act--
       (A) identified the location and extent of the area in which 
     the massacre took place; and
       (B) confirmed the national significance, suitability, and 
     feasibility of, and evaluated management options for, that 
     area, including designation of the site as a unit of the 
     National Park System; and
       (8) the study included an evaluation of environmental 
     impacts and preliminary cost estimates for facility 
     development, administration, and necessary land acquisition.
       (b) Purposes.--The purposes of this Act are--
       (1) to recognize the importance of the Sand Creek Massacre 
     as--
       (A) a nationally significant element of frontier military 
     and Native American history; and
       (B) a symbol of the struggles of Native American tribes to 
     maintain their way of life on ancestral land;
       (2) to authorize, on acquisition of sufficient land, the 
     establishment of the site of the Sand Creek Massacre as a 
     national historic site; and
       (3) to provide opportunities for the tribes and the State 
     to be involved in the formulation of general management plans 
     and educational programs for the national historic site.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Descendant.--The term ``descendant'' means a member of 
     a tribe, an ancestor of whom was injured or killed in, or 
     otherwise affected by, the Sand Creek Massacre.
       (2) Management plan.--The term ``management plan'' means 
     the management plan required to be developed for the site 
     under section 7(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (4) Site.--The term ``site'' means the Sand Creek Massacre 
     National Historic Site established under section 4(a).
       (5) State.--The term ``State'' means the State of Colorado.
       (6) Tribe.--The term ``tribe'' means--
       (A) the Cheyenne and Arapaho Tribes of Oklahoma;
       (B) the Northern Cheyenne Tribe; or
       (C) the Northern Arapaho Tribe.

     SEC. 4. ESTABLISHMENT.

       (a) In General.--
       (1) Determination.--On a determination by the Secretary 
     that land described in subsection (b)(1) containing a 
     sufficient quantity of resources to provide for the 
     preservation, memorialization, commemoration, and 
     interpretation of the Sand Creek Massacre has been acquired 
     by the National Park Service, the Secretary shall establish 
     the Sand Creek Massacre National Historic Site, Colorado.
       (2) Publication.--The Secretary shall publish in the 
     Federal Register a notice of the determination of the 
     Secretary under paragraph (1).
       (b) Boundary.--
       (1) Map and acreage.--The site shall consist of 
     approximately 12,480 acres in Kiowa County, Colorado, the 
     site of the Sand Creek Massacre, as generally depicted on the 
     map entitled, ``Sand Creek Massacre Historic Site'', 
     numbered, SAND 80,013 IR, and dated July 1, 2000.
       (2) Legal description.--The Secretary shall prepare a legal 
     description of the land and interests in land described in 
     paragraph (1).
       (3) Public availability.--The map prepared under paragraph 
     (1) and the legal description prepared under paragraph (2) 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (4) Boundary revision.--The Secretary may, as necessary, 
     make minor revisions to the boundary of the site in 
     accordance with section 7(c) of the Land and Water 
     Conservation Act of 1965 (16 U.S.C. 460l-9(c)).

     SEC. 5. ADMINISTRATION.

       (a) In General.--The Secretary shall manage the site in 
     accordance with--
       (1) this Act;
       (2) the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (39 Stat. 535; 16 U.S.C. 1 et seq.);
       (3) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); and
       (4) other laws generally applicable to management of units 
     of the National Park System.
       (b) Management.--The Secretary shall manage the site--
       (1) to protect and preserve the site, including--
       (A) the topographic features that the Secretary determines 
     are important to the site;
       (B) artifacts and other physical remains of the Sand Creek 
     Massacre; and
       (C) the cultural landscape of the site, in a manner that 
     preserves, as closely as practicable, the cultural landscape 
     of the site as it appeared at the time of the Sand Creek 
     Massacre;
       (2)(A) to interpret the natural and cultural resource 
     values associated with the site; and
       (B) provide for public understanding and appreciation of, 
     and preserve for future generations, those values; and
       (3) to memorialize, commemorate, and provide information to 
     visitors to the site to--
       (A) enhance cultural understanding about the site; and
       (B) assist in minimizing the chances of similar incidents 
     in the future.
       (c) Consultation and Training.--
       (1) In general.--In developing the management plan and 
     preparing educational programs for the public about the site, 
     the Secretary shall consult with and solicit advice and 
     recommendations from the tribes and the State.
       (2) Agreements.--The Secretary may enter into cooperative 
     agreements with the tribes (including boards, committees, 
     enterprises, and traditional leaders of the tribes) and the 
     State to carry out this Act.

     SEC. 6. ACQUISITION OF PROPERTY.

       (a) In General.--The Secretary may acquire land and 
     interests in land within the boundaries of the site--
       (1) through purchase (including purchase with donated or 
     appropriated funds) only from a willing seller; and
       (2) by donation, exchange, or other means, except that any 
     land or interest in land owned by the State (including a 
     political subdivision of the State) may be acquired only by 
     donation.
       (b) Priority for Acquisition.--The Secretary shall give 
     priority to the acquisition of land containing the marker in 
     existence on the date of enactment of this Act, which states 
     ``Sand Creek Battleground, November 29 and 30, 1864'', within 
     the boundary of the site.
       (c) Cost-Effectiveness.--
       (1) In general.--In acquiring land for the site, the 
     Secretary, to the maximum extent practicable, shall use cost-
     effective alternatives to Federal fee ownership, including--
       (A) the acquisition of conservation easements; and
       (B) other means of acquisition that are consistent with 
     local zoning requirements.
       (2) Support facilities.--A support facility for the site 
     that is not within the designated boundary of the site may be 
     located in Kiowa County, Colorado, subject to an agreement 
     between the Secretary and the Commissioners of Kiowa County, 
     Colorado.

     SEC. 7. MANAGEMENT PLAN.

       (a) In General.--Not later than 5 years after the date on 
     which funds are made available to carry out this Act, the 
     Secretary shall prepare a management plan for the site.
       (b) Inclusions.--The management plan shall cover, at a 
     minimum--
       (1) measures for the preservation of the resources of the 
     site;
       (2) requirements for the type and extent of development and 
     use of the site, including, for each development--
       (A) the general location;
       (B) timing and implementation requirements; and
       (C) anticipated costs;
       (3) requirements for offsite support facilities in Kiowa 
     County;
       (4) identification of, and implementation commitments for, 
     visitor carrying capacities for all areas of the site;
       (5) opportunities for involvement by the tribes and the 
     State in the formulation of educational programs for the 
     site; and
       (6) opportunities for involvement by the tribes, the State, 
     and other local and national entities in the responsibilities 
     of developing and supporting the site.

[[Page 20973]]



     SEC. 8. NEEDS OF DESCENDANTS.

       (a) In General.--A descendant shall have reasonable rights 
     of access to, and use of, federally acquired land within the 
     site, in accordance with the terms and conditions of a 
     written agreement between the Secretary and the tribe of 
     which the descendant is a member.
       (b) Commemorative Needs.--In addition to the rights 
     described in subsection (a), any reasonable need of a 
     descendant shall be considered in park planning and 
     operations, especially with respect to commemorative 
     activities in designated areas within the site.

     SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CULTURAL AND HISTORICAL 
                   OBSERVANCE.

       (a) Access.--
       (1) In general.--The Secretary shall grant to any 
     descendant or other member of a tribe reasonable access to 
     federally acquired land within the site for the purpose of 
     carrying out a traditional, cultural, or historical 
     observance.
       (2) No fee.--The Secretary shall not charge any fee for 
     access granted under paragraph (1).
       (b) Conditions of Access.--In granting access under 
     subsection (a), the Secretary shall temporarily close to the 
     general public one or more specific portions of the site in 
     order to protect the privacy of tribal members engaging in a 
     traditional, cultural, or historical observance in those 
     portions; and any such closure shall be made in a manner that 
     affects the smallest practicable area for the minimum period 
     necessary for the purposes described above.
       (c) Sand Creek Repatriation Site.--
       (1) In general.--The Secretary shall dedicate a portion of 
     the federally acquired land within the site to the 
     establishment and operation of a site at which certain items 
     referred to in paragraph (2) that are repatriated under the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 300 et seq.) or any other provision of law may be 
     interred, reinterred, preserved, or otherwise protected.
       (2) Acceptable items.--The items referred to in paragraph 
     (1) are any items associated with the Sand Creek Massacre, 
     such as--
       (A) Native American human remains;
       (B) associated funerary objects;
       (C) unassociated funerary objects;
       (D) sacred objects; and
       (E) objects of cultural patrimony.
       (d) Tribal Consultation.--In exercising any authority under 
     this section, the Secretary shall consult with, and solicit 
     advice and recommendations from, descendants and the tribes.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

                          ____________________