[United States Statutes at Large, Volume 119, 109th Congress, 1st Session] [From the U.S. Government Publishing Office, www.gpo.gov] 119 STAT. 445 Public Law 109-45 109th Congress An Act To further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000. NOTE: Aug. 2, 2005 - [H.R. 481] Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: Sand Creek Massacre National Historic Trust Act of 2005. 16 USC 461 note. assembled, 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. 46 W., 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. [[Page 446]] 119 STAT. 446 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 NOTE: Deadline. 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 NOTE: Federal Register, publication. 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). [[Page 447]] 119 STAT. 447 (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''. Approved August 2, 2005. LEGISLATIVE HISTORY--H.R. 481 (S. 57): --------------------------------------------------------------------------- HOUSE REPORTS: No. 109-107 (Comm. on Resources). SENATE REPORTS: No. 109-20 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 151 (2005): June 27, considered and passed House. July 26, considered and passed Senate.