[Senate Report 105-244]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 464
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-244
_______________________________________________________________________


 
  SAND CREEK MASSACRE NATIONAL HISTORIC SITE PRESERVATION ACT OF 1998

                                _______
                                

                 July 11, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr.  Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1695]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1695) to establish the Sand Creek 
Massacre Historic Site in the State of Colorado, having 
considered the same, reports favorably thereon with an 
amendment and an amendment to the title and recommends that the 
bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sand Creek Massacre National 
Historic Site Study Act of 1998''.

SEC. 2. FINDINGS.

    (a) Findings.--Congress finds that--
          (1) on November 29, 1864, Colonel John M. Chivington led a 
        group of 700 armed soldiers to a peaceful Cheyenne village of 
        more than 100 lodges on the Big Sandy, also known as Sand 
Creek, located within the Territory of Colorado, and in a running fight 
that ranged several miles upstream along the Big Sandy, slaughtered 
several hundred Indians in Chief Black Kettle's village, the majority 
of whom were women and children;
          (2) the incident was quickly recognized as a national 
        disgrace and investigated and condemned by 2 congressional 
        committees and a military commission;
          (3) although the United States admitted guilt and reparations 
        were provided for in article VI of the Treaty of Little 
        Arkansas of October 14, 1865 (14 Stat. 703) between the United 
        States and the Cheyenne and Arapaho Tribes of Indians, those 
        treaty obligations remain unfulfilled;
          (4) land or near the site of the Sand Creek Massacre may be 
        available for purchase from a willing seller; and
          (5) 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 to their tribes, and those 
        descendants and tribes deserve the right of open access to 
        visit the site and rights of cultural and historical observance 
        at the site.

SEC. 3. DEFINITIONS.

    In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior acting through the Director of the National Park 
        Service.
          (2) Site.--The term ``site'' means the Sand Creek massacre 
        site described in section 2.
          (3) Tribes.--The term ``Tribes'' means--
                  (A) the Cheyenne and Arapaho Tribe of Oklahoma;
                  (B) the Northern Cheyenne Tribe; and
                  (C) the Northern Arapaho Tribe.

SEC. 4. STUDY.

    (a) In General.--Not later than 18 months after the date on which 
funds are made available for the purpose, the Secretary, in 
consultation with the Tribes and the State of Colorado, shall submit to 
the Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives a resource study 
of the site.
    (b) Contents.--The study under subsection (a) shall--
          (1) identify the location and extent of the massacre area and 
        the suitability and feasibility of designating the site as a 
        unit of the National Park System; and
          (2) include cost estimates for any necessary acquisition, 
        development, operation and maintenance, and identification of 
        alternatives for the management, administration, and protection 
        of the area.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

    2. Amend the title so as to read: ``A bill to authorize the 
Secretary of Interior to study the suitability and feasibility 
of designating the Sand Creek Massacre National Historic Site 
in the State of Colorado as a unit of the National Park System, 
and for other purposes.''.

                         purpose of the measure

    The purpose of S. 1695, as ordered reported, is to 
authorize the Secretary of the Interior to study the 
suitability and feasibility of designating the Sand Creek 
Massacre National Historic Site in the State of Colorado as a 
unit of the National Park System.

                          background and need

    On November 29, 1864, approximately 450 Southern Cheyenne 
following Black Kettle, and 40 Southern Arapahos under Left 
Hand, camped at Sand Creek, Colorado. At dawn, Colonel John M. 
Chivington's Colorado volunteers, along with 125 regular army 
troops, attacked the unsuspecting villagers. These Plains 
Indians thought themselves under U.S. Army protection, but the 
deaths of over 200 Indians, and the horrible mutilation of many 
of their bodies, proved otherwise. Chief Black Kettle raised an 
American flag before his tent to indicate the peaceful nature 
of the camp, and Cheyenne Peace Chief White Antelope stood with 
his arms folded in a peaceful gesture as the troops advanced. 
The soldiers slaughtered the defenseless Indians in a most 
brutal manner, killing men, women, and children 
indiscriminately. Black Kettle and others escaped but many 
died, including White Antelope, in the Sand Creek Massacre.
    Recently, researchers from the Colorado Historical Society 
(Society) conducted a search of two sites in Kiowa County but 
were unable to locate evidence to confirm either site as the 
exact location of the massacre. The Society's search results in 
Kiowa County were inconclusive, but did not completely 
eliminate these sites from consideration. Historical records of 
troop movements indicate additional potential sites exist in 
Cheyenne, Prowers, or Bent Counties. The Society proposes 
additional research in order to accurately identify the actual 
site of the Sand Creek Massacre.

                          legislative history

    S. 1695 was introduced by Senator Campbell and Senator 
Hutchison on March 2, 1998 and referred to the Committee on 
Energy and Natural Resources. Since the bill's introduction, 
Senator Allard and Senator Thomas have been added as 
cosponsors. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 1695 on March 
24, 1998.
    At its business meeting on June 24, 1998, the Committee on 
Energy and Natural Resources ordered S. 1695, as amended, 
favorably reported.

            committee recommendation and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on June 24, 1998, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 1695 if 
amended as described herein. The rollcall vote on reporting the 
measure was 20 yeas, 0 nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici \1\
Mr. Nickles \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl \1\
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns
Mr. Bumpers \1\
Mr. Ford
Mr. Bingaman \1\
Mr. Akaka \1\
Mr. Dorgan
Mr. Graham \1\
Mr. Wyden \1\
Mr. Johnson
Ms. Landrieu

    \1\ Indicates voted by proxy.

                          committee amendment

    During the consideration of S. 1695, the Committee adopted 
an amendment in the nature of a substitute, which authorizes a 
resource study to identify the location of the massacre and to 
determine the suitability and eligibility of the site for 
inclusion in the National Park System.
    Specifically, the amendment directs the Secretary of the 
Interior, in consultation with the Tribes and the State of 
Colorado, to complete this study within 18 months after 
receiving appropriations. The study will include cost estimates 
for land acquisition, development, and operation of the site. 
The study will also identify a variety of alternatives for the 
administration and management of the site.
    The title of the bill was amended to reflect the provisions 
of the amendment in the nature of a substitute.

                      section-by-section analysis

    Section 1 designates the short title as the ``Sand Creek 
Massacre National Historic Site Study Act of 1998''.
    Section 2 provides Congressional findings for the bill. The 
findings are: (1) Colonel John M. Chivington led a group of 700 
armed soldiers who slaughtered several hundred Indians, the 
majority of whom were women and children; (2) the incident was 
quickly recognized as a national disgrace and was investigated 
and condemned by 2 congressional committees and a military 
commission; (3) the treaty of Little Arkansas in 1865 provided 
for reparations and other obligations to the Indians that were 
never fulfilled; (4) land at or near the site may be available 
for purchase from a willing seller; and (5) the site is of 
great significance to the Cheyenne and Arapaho Indians who 
deserve the right of open access to the site.
    Section 3 defines certain key terms in the Act.
    Section 4 directs the Secretary of the Interior to complete 
the study, in consultation with the Tribes and the State of 
Colorado, within 180 days on which funds are made available. 
The study will identify the exact location and determine 
suitability and feasibility of the site as a unit of the 
National Park System. Acquisition, development, and operation 
costs along with management alternatives shall be included in 
the study.
    Section 5 authorizes the appropriation of such sums as may 
be necessary to carry out this Act.

                   cost and budgetary considerations

    The following estimate of this measure has been provided by 
the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 9, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1695, the Sand Creek 
Massacre National Historic Site Preservation Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 1695--Sand Creek Massacre National Historic Site Preservation Act of 
        1998

    CBO estimates that implementing S. 1695 would cost the 
federal government about $200,000 over the next 18 months, 
assuming appropriation of the necessary amounts. The bill would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures would not apply. S. 1695 contains no 
intergovernmental or private-sector mandates and would impose 
no costs on state, local, or tribal governments.
    S. 1695 would direct the National Park Service (NPS) to 
conduct a resource study of the Sand Creek massacre site in 
Colorado. The study, which would be carried out in consultation 
with the state of Colorado and local tribal governments, would 
help NPS to locate the exact site of the massacre and to 
evaluate the suitability and feasibility of designating it as a 
unit of the National Park System.
    Based on information provided by NPS and assuming 
appropriation of the necessary sums, we estimate that the 
agency would spend about $200,000 over the next two fiscal 
years to complete the study required by the bill.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Paul N. Van de Water, Assistant Director for Budget 
Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1695. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 1695, as ordered reported.

                        executive communication

    On April 30, 1998, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1695. These 
reports had not been received at the time the report on S. 1695 
was filed. When these reports became available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony of the Department 
of the Interior at the Subcommittee hearing follows:

   Statement by Katherine H. Stevenson, Associate Director, Cultural 
     Resource Stewardship and Partnerships, National Park Service, 
                       Department of the Interior

    Mr. Chairman, it is my pleasure to appear before you today 
to provide the Department of the Interior's views on S. 1695, a 
bill to create the Sand Creek Massacre National Historic Site 
in the State of Colorado.
    The goal of this legislation is extremely worthy, and we 
congratulate Senator Campbell for his leadership in advancing 
this bill, and the subcommittee for holding these hearings. 
However, we do have some concerns and recommend that S. 1695 be 
amended to require the National Park Service to conduct a study 
before designation to confirm the exact location of the Sand 
Creek Massacre, and determine if the site is feasible and 
suitable for designation as a National Historic Site.
    The bill would provide for preservation and interpretation 
by the National Park Service of the site where, on November 29, 
1864, the village of Cheyenne Peace Chief Black Kettle was 
attacked by the Third Colorado Volunteers. This group of 100-
day militia led by Colonel John Chivington went beyond anything 
required by military necessity; first in attacking a village 
whose principal chief assiduously sought peace and believed he 
was under the protection of the military, and second in the 
wanton killing of innocent people, including many children. 
History has generally judged Chivington not as victor in a 
battle but as perpetrator of a massacre. The effects continue 
today, especially in the memories of the descendants of the 
victims.
    The Sand Creek Massacre remains a matter of great 
historical, cultural, and spiritual importance to the Cheyenne 
and Arapaho Tribes and both Congress and the Executive Branch 
recognize the importance of working with Indian tribes on a 
basis of government-to-government relations concerning such 
matters. The National Park Service works with Indian tribes on 
a basis of government-to-government in matters affecting their 
interests and we would work closely with the Cheyenne and 
Arapho tribal governments as we proceed in this matter.
    History continues to shape the present day in the lessons 
we learn by studying, reading, visiting museums, and seeing the 
actual places where historical events took place. In modern 
times, our country has used history to inspire patriotism and 
to motivate people in the national interest. Additionally, we 
have used it to learn the mistakes of the past that must be 
corrected in the present and avoided in the future.
    It is within this context that we believe the Sand Creek 
Massacre Site is nationally significant. Indeed the National 
Park Service has considered designation of the site as a 
National Historic Landmark. If the location can be ascertained, 
and if the site is well preserved and suitable and feasible for 
designation as a National Historic Site, we would be pleased to 
recommend its addition to the National Park System.
    S. 1695 focuses upon a location in Kiowa County with a 
willing seller. We assume this refers to the land commonly 
known as the Dawson property. A historic marker pertaining to 
the massacre has been placed there and the area has been open 
sometimes to the public, but is now closed and barricaded. 
Unfortunately, previous National Park Service reviews and a 
rather extensive study led by the Colorado Historical Society 
have not produced convincing evidence that the Dawson property 
is the actual location of the event. A 1997 archaeological 
survey yielded only five artifacts that might have been used by 
the militia or the Indian people at that time. None was 
ordnance. It is well known that artillery was used by the 
Colorado Volunteers, and it is virtually inconceivable that 
substantial amounts of shot, shrapnel, and other material do 
not remain at the actual location.
    It is possible that geomorphological changes, such as silt 
deposited by water and wind, might have buried the 
archaeological evidence deeply enough to prevent detection by 
the metal detectors used in the survey. It is also possible 
that the massacre occurred on some other site not far away. At 
least one other location resembling the topography of the 
massacre site as described in historical documents is known to 
exist. It has not been surveyed in a manner that could confirm 
or deny it as the correct location. Archaeologists involved in 
the 1997 study believe that more intensive efforts at both the 
Dawson property and at other potential sites will definitely 
locate the site of the massacre.
    Funding for the National Historic Site would be subject to 
budgeting constraints and NPS priorities.
    Mr. Chairman, Americans often follow Abraham Lincoln's lead 
in calling their historic places ``hallowed ground.'' This is 
especially true of places where people have given their lives. 
The victims of a massacre are at least as worthy of respect as 
those who died in battles. Such sites function best when they 
invoke reverence and quietude, where visitors learn not merely 
from exhibits, films, and interpreters, but when the history 
that resides in the actual place--the spiritual qualities--
speak directly to the heart of each visitor. To commemorate the 
event on the wrong spot would dishonor the victims, distort the 
history, and deceive the visitor. Nothing about your 
consideration of this legislation could be more important than 
to make certain we have the correct location.
    We believe it is worth the effort to find the place in 
which the history resides. Consequently, we recommend that the 
legislation authorize the National Park Service, together with 
other appropriate partners, to conduct an intensive study of 
archives, oral histories of the Cheyenne Tribe, the Arapaho 
Tribe, and others, and archaeological resources in order to 
determine the correct location. The Dawson property needs more 
intensive investigation to determine whether it might be the 
correct site, but buried under sand. Other nearby properties 
need equally intensive investigation. The cooperation of 
landowners will be very important, and it is hoped they will 
welcome this worthy effort. A complete study would not only 
confirm the location of the massacre, but would identify 
appropriate boundaries of the site, evaluate management 
alternatives that might involve cooperation with landowners and 
the tribes, provide cost estimates for acquisition and 
operations, and assure that the proposal meets all established 
NPS criteria for inclusion in the National Park System. Until 
such a study is completed we cannot be confident that creation 
of the National Historic Site administered by the National Park 
Service is the best way to assure appropriate commemoration of 
this important story.
    From familiarity with Dawson property and its vicinity we 
can say that the countryside in general is not drastically 
changed from its 1864 appearance, and there is reason for 
optimism that when the correct location is ascertained, it may 
be preserved well enough to meet National Park System criteria.
    Mr. Chairman, we are willing to work with you, Senator 
Campbell, and members of the subcommittee to amend S. 1695. 
This concludes my testimony. I would be happy to answer any 
questions you may have.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1695, as ordered 
reported.