H.R. 4562

Sand Creek Massacre National Historic Site Trust Act of 2004

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I

108th CONGRESS

2d Session

H. R. 4562

IN THE HOUSE OF REPRESENTATIVES

June 14, 2004

Mrs. Musgrave introduced the following bill; which was referred to the Committee on Resources

A BILL

To further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.

1.

Short title

This Act may be cited as the Sand Creek Massacre National Historic Site Trust Act of 2004.

2.

Declaration of policy

To further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106–465), this Act authorizes the United States to take certain land in Kiowa County, Colorado, owned by the Cheyenne and Arapaho Tribes of Oklahoma, into trust.

3.

Definitions

In this Act:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

Tribe

The term Tribe means the Cheyenne and Arapaho Tribes of Oklahoma, a federally recognized Indian tribe.

(3)

Trust property

The term trust property means the property described in section 4(b).

4.

Transfer of land held in trust for the Cheyenne and Arapaho Tribes of Oklahoma

(a)

Land held in trust for the Cheyenne and Arapaho Tribes of Oklahoma

(1)

Conveyance

Not later than 180 days after the date of enactment of this Act, the Tribe shall convey title to the trust property to the United States.

(2)

Trust

All right, title, and interest of the United States in and to the trust property, including all improvement on the trust property and appurtenances to the trust property and rights to all minerals, are declared to be held by the United States in trust for the Tribe.

(b)

Land description

The trust property is the property 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:

(1)

The portion of sec. 24, T. 17 S., R. 46 W., Colorado 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, Colorado Principal Meridian.

(2)

All of sec. 25, T. 17 S., R. 46 W., Colorado Principal Meridian.

(3)

All of sec. 30, T. 17 S., R. 45 W., Colorado Principal Meridian.

5.

Survey of boundary line; publication of description

(a)

Survey of boundary line

To accurately establish the boundary of the trust property, the Secretary shall, not later than 180 days after the date of enactment of this Act, 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 4(b).

(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 descriptions shall, on publication, constitute the official descriptions of the trust property.

6.

Administration of trust property

(a)

In general

The trust property is declared to be part of the Indian reservation of the Tribe.

(b)

Administration

The trust property shall be administered in perpetuity by the Secretary in accordance with the law generally applicable to property held in trust by the United States for the benefit of Indian tribes and in accordance with the Sand Creek Massacre National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106–465).

7.

Religious and cultural uses

(a)

In general

The trust property shall be used only for historic, religious, or cultural uses that are compatible with the use of the land as a national historic site.

(b)

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.