Home > 106th Congressional Bills > S. 2950 (rs) To authorize the Secretary of the Interior to establish the Sand Creek Massacre National Historic Site in the State of Colorado. [Reported in Senate] ...

S. 2950 (rs) To authorize the Secretary of the Interior to establish the Sand Creek Massacre National Historic Site in the State of Colorado. [Reported in Senate] ...

Web GovRecords.org

  2d Session
                                S. 2950



                            October 6, 2000

                 Referred to the Committee on Resources


                                 AN ACT

To authorize the Secretary of the Interior to establish the Sand Creek 
       Massacre National Historic Site in the State of Colorado.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    This Act may be cited as the ``Sand Creek Massacre National 
Historic Site Establishment Act of 2000''.


    (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 
            (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 
                    (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.


    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.


    (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)).


    (a) In General.--The Secretary shall manage the site in accordance 
            (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; 
                    (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.


    (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 
    (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, 


    (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 
            (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 
            (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; 
            (6) opportunities for involvement by the tribes, the State, 
        and other local and national entities in the responsibilities 
        of developing and supporting the site.


    (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.


    (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 
                    (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.


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

            Passed the Senate October 5 (legislative day, September 
      22), 2000.


                                                    GARY SISCO,


Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.J.Res. 23 (ih) Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct popular election of the President and Vice President of the United States. [Introduced in House] ...
2 H.R. 127 (ih) To amend the Elementary and Secondary Education Act of 1965 to allow certain counties flexibility in spending funds. [Introduced in House] ...
3 S. 376 (rs) To amend the Communications Satellite Act of 1962 to promote competition and privatization in satellite communications, and for other purposes. [Reported in Senate] ...
4 H.R. 5353 (ih) To amend the Tariff Act of 1930 with respect to the marking of door hinges. [Introduced in House] ...
5 H.Con.Res. 350 (ih) Expressing the sense of the Congress with regard to political repression of foreign observers in Mexico. [Introduced in House] ...
6 S. 72 (is) To amend title 38, United States Code, to restore the eligibility of veterans for benefits resulting from injury or disease attributable to the use of tobacco products during a period of military service, and for other purposes. [Introduced in...
7 H.R. 1329 (ih) To amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes. [Introduced in House] ...
8 S. 1685 (is) To authorize the Golden Spike/Crossroads of the West National Heritage Area. [Introduced in Senate] ...
9 H.R. 5101 (ih) To require certain actions with respect to the availability of HIV/AIDS pharmaceuticals and medical technologies in developing countries, including sub-Saharan African countries. [Introduced in House] ...
10 H.Con.Res. 279 (ih) Authorizing the use of the Capitol Grounds for the 200th birthday celebration of the Library of Congress. [Introduced in House] ...
11 H.R. 46 (eh) To provide for a national medal for public safety officers who act with extraordinary valor above and beyond the call of duty. [Engrossed in House] ...
12 H.Res. 382 (rh) Providing for consideration of motions to suspend the rules. [Reported in House] ...
13 H.R. 1729 (enr) To designate the Federal facility located at 1301 Emmet Street in Charlottesville, Virginia, as the ``Pamela B. Gwin Hall''. [Enrolled bill] ...
14 S. 1402 (enr) To amend title 38, United States Code, to increase the rates of [Enrolled bill] ...
15 H.R. 1953 (ih) To authorize leases for terms not to exceed 99 years on land held in trust for the Torres Martinez Desert Cahuilla Indians and the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria. [Introduced in House] ...
16 H.R. 1310 (ih) To amend the Internal Revenue Code of 1986 to allow nonitemizers a deduction for a portion of their charitable contributions. [Introduced in House] ...
17 S. 3032 (is) To reauthorize the Junior Duck Stamp Conservation and Design Program Act of 1994, and for other purposes. [Introduced in Senate] ...
18 S. 835 (enr) To encourage the restoration of estuary habitat through more efficient project financing and enhanced coordination of Federal and non-Federal restoration programs, and for other purposes. [Enrolled bill] ...
19 H.R. 4775 (ih) To direct the Secretary of the Army to mitigate the adverse impacts of shoreline erosion in Brevard County, Florida, and for other purposes. [Introduced in House] ...
20 H.R. 4636 (ih) To amend chapter 36 of title 39, United States Code, to modify rates relating to reduced rate mail matter, and for other purposes. [Introduced in House] ...
21 H.R. 3063 (ih) To amend the Mineral Leasing Act to increase the maximum acreage of Federal leases for sodium that may be held by an entity in any one State, and for other purposes. [Introduced in House] ...
22 S. 2599 (is) To amend section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and for other purposes. [Introduced in Senate] ...
23 H.R. 633 (ih) To provide for investment in broad-based private equities indices of [Introduced in House] ...
24 S. 1973 (is) To simplify Federal oil and gas revenue distributions, and for other purposes. [Introduced in Senate] ...
25 H.R. 834 (rs) To extend the authorization for the National Historic Preservation Fund, and for other purposes. [Reported in Senate] ...
26 H.R. 775 (enr) To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. [Enrolled bi...
27 H.J.Res. 123 (ih) Making further continuing appropriations for the fiscal year 2001, and for other purposes. [Introduced in House] ...
28 H.R. 2272 (ih) To ensure the equitable treatment of graduates of the Uniformed Services University of the Health Sciences of the Class of 1987. [Introduced in House] ...
29 H.R. 5139 (eh) To provide for the conveyance of certain real property at the Carl Vinson Department of Veterans Affairs Medical Center, Dublin, Georgia. [Engrossed in House] ...
30 S. 2924 (rs) To strengthen the enforcement of Federal statutes relating to false identification, and for other purposes. [Reported in Senate] ...

Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions


1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy