II
Calendar No. 31
109th CONGRESS
1st Session
S. 57
[Report No. 109–20]
IN THE SENATE OF THE UNITED STATES
January 24, 2005
Mr. Allard (for himself and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
March 8, 2005
Reported by Mr. Domenici, without amendment
A BILL
To further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.
Short title
This Act may be cited as the
Sand Creek Massacre National Historic
Site Trust Act of 2005
.
Definitions
In this Act:
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.
Improvement
The term improvement means—
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;
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;
a livestock corral and shelter; and
a water system and wastewater system with all associated utility connections.
Secretary
The term Secretary means the Secretary of the Interior.
Tribe
The term Tribe means the Cheyenne and Arapaho Tribes of Oklahoma, a federally recognized Indian tribe.
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:
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.
All of sec. 25, T. 17 S., R. 46 W., sixth principal meridian.
All of sec. 30, T. 17 S., R. 45 W., sixth principal meridian.
Conveyance of land to be held in trust for the Cheyenne and Arapaho Tribes of Oklahoma
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.
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.
Improvements and facilities
Improvements
The Secretary may acquire by donation the improvements in fee.
Facilities
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.
Ownership
Facilities constructed with Federal funds or funds donated to the United States shall be owned in fee by the United States.
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.
Survey of boundary line; publication of description
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).
Publication of land description
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.
Effect
The description shall, on publication, constitute the official description of the trust property.
Administration of trust property
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).
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).
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.
Savings provision
Nothing in this Act supersedes the laws and policies governing units of the National Park System.
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
.
March 8, 2005
Reported without amendment