[House Report 109-107]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-107

======================================================================



 
      SAND CREEK MASSACRE NATIONAL HISTORIC SITE TRUST ACT OF 2005

                                _______
                                

  June 8, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 481]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 481) to further the purposes of the Sand Creek Massacre 
National Historic Site Establishment Act of 2000, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 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.

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.--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.

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''.

                          Purpose of the Bill

    The purpose of H.R. 481 is to further the purposes of the 
Sand Creek Massacre National Historic Site Establishment Act of 
2000.

                  Background and Need for Legislation

    The Sand Creek Massacre National Historic Site was 
authorized in 2000 by Public Law 106-465 to recognize the 
national significance of the massacre in American history and 
its ongoing significance to the Cheyenne and Arapaho people and 
descendants of the massacre victims. The Act authorizes 
establishment of the national historic site once the National 
Park Service has acquired sufficient land to preserve, 
commemorate, and interpret the massacre site. The National Park 
Service has acquired approximately 920 acres, but the majority 
of land within the authorized boundary is privately owned and 
is not open to the public. The National Park Service has been 
working in partnership with the Cheyenne and Arapaho Tribes and 
the State of Colorado towards establishment of the Sand Creek 
Massacre National Historic Site. H.R. 481 would authorize the 
Cheyenne and Arapaho Tribes of Oklahoma to convey approximately 
1,465 acres to the Secretary of the Interior to be held in 
trust for the tribes. Once these lands are conveyed, the 
National Park Service will be able to formally establish the 
Sand Creek Massacre National Historic Site.

                            Committee Action

    H.R. 481 was introduced on February 1, 2005, by 
Congresswoman Marilyn Musgrave (R-CO). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks. On April 14, 2005, the 
Subcommittee on National Parks held a hearing on H.R. 481. On 
May 18, 2005, the Committee on Resources met to consider the 
bill. By unanimous consent, the Subcommittee on National Parks 
was discharged from further consideration of the bill. 
Congresswoman Musgrave offered an amendment in the nature of a 
substitute that would make technical changes recommended by the 
Administration and adopted previously in the Senate. The 
Musgrave amendment was agreed to by unanimous consent. H.R. 
481, as amended, was then ordered favorably reported to the 
House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8, and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 481--Sand Creek Massacre National Historic Site Trust Act of 2005

    H.R. 481 would authorize the Secretary of the Interior to 
take certain property into trust for the Cheyenne and Arapaho 
Tribes of Oklahoma and to construct facilities (including 
structures, utilities, roads, or signs) on such land. Any 
facility constructed with federal funds would be owned by the 
federal government and not taken into trust for the tribes. 
Based on information obtained from the National Park Service, 
CBO does not expect the Secretary to construct facilities on 
the tribes' land over 2005-2010 period. Therefore, CBO 
estimates that implementing H.R. 481 would have no significant 
effect on the federal budget.
    H.R. 481 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not significantly affect the budgets of state, local, or 
tribal governments.
    On February 23, 2005, CBO transmitted a cost estimate for 
S. 57, the Sand Creek Massacre National Historic Site Trust Act 
of 2005, as ordered reported by the Senate Committee on Energy 
and Natural Resources on February 16, 2005. The two versions of 
the legislation are identical, as are the cost estimates.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

      SECTION 6 OF THE SAND CREEK MASSACRE NATIONAL HISTORIC SITE 
                       ESTABLISHMENT ACT OF 2000


SEC. 6. ACQUISITION OF PROPERTY.

  (a) In General.--The Secretary may acquire land and interests 
in land within the boundaries of the site--
          (1)  * * *
          (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 or exchange.

           *       *       *       *       *       *       *


                                  
