Text: S.2950 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-465 (11/07/2000)

[106th Congress Public Law 465]
[From the U.S. Government Printing Office]

[DOCID: f:publ465.106]

[[Page 114 STAT. 2019]]

Public Law 106-465
106th Congress

                                 An Act

 To authorize the Secretary of the Interior to establish the Sand Creek 
 Massacre National Historic Site in the State of Colorado. <<NOTE: Nov. 
                         7, 2000 -  [S. 2950]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Sand Creek Massacre 
National Historic Site Establishment Act of 2000. 16 USC 461 note.>>  


    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--

[[Page 114 STAT. 2020]]

            (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) <<NOTE: Federal Register, publication.>>  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.

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            (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

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Battleground, November 29 and 30, 1864'', within the boundary of the 
    (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) <<NOTE: Deadline.>>  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.

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            (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.

    Approved November 7, 2000.


SENATE REPORTS: No. 106-418 (Comm. on Energy and Natural Resources).
            Oct. 5, considered and passed Senate.
            Oct. 23, considered and passed House.


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