Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-697
_______________________________________________________________________


 
      SAND CREEK MASSACRE NATIONAL HISTORIC SITE STUDY ACT OF 1998

                                _______
                                

 September 9, 1998.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1695]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 1695) to authorize the Secretary of the Interior to study 
the suitability and feasibility of designating the Sand Creek 
Massacre National Historic Site in the State of Colorado as a 
unit of the National Park System, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          purpose of the bill

    The purpose of S. 1695 is to authorize the Secretary of the 
Interior to study the suitability and feasibility of 
designating the Sand Creek Massacre National Historic Site in 
the State of Colorado as a unit of the National Park System.

                  background and need for legislation

    S. 1695 authorizes the Secretary of the Interior to conduct 
a resource study to locate and identify the Sand Creek Massacre 
Site located in Colorado. The study will also determine the 
feasibility and suitability of designating the site as a unit 
of the National Park System. The study will include cost 
estimates for necessary acquisitions, development, and 
operations along with identifying alternatives for the 
management, administration, and protection of the area.
    On November 29, 1864, approximately 450 Southern Cheyenne 
and 40 Southern Arapahos camped at Sand Creek, Colorado. 
Colonel John M. Chivington's Colorado volunteers, along with 
125 regular army troops, attacked the unsuspecting encampment 
and were responsible for the deaths of over 200 Indians. When 
detailed news of the attack reached the East, many reacted with 
disgust. Three formal investigations of the events collected 
extensive testimony and spread it before the public in official 
reports. However, the investigations into the attack, now 
referred to as a massacre, resulted in no official act of any 
kind.
    Currently, the presumed site of the massacre is on a 1,425-
acre parcel in Kiowa County and there is a willing selling of 
the property. However, the Kiowa County land in question may 
not be the actual site. Researchers at the Colorado Historical 
Society, who have studied the site, indicate no strong evidence 
to suggest the site was the spot where the massacre took place. 
Research teams began a physical search of the site expecting to 
find battle remnants, including some of the four tons of 
ammunition the Colorado Calvary used in the massacre. All they 
found was a picket pin used to tie up horses and one .55 
caliber rifle slug. Nothing was found to suggest the 
bombardment of the four howitzers that Chivington's troops 
used. According to the Historic Society, their search was 
inconclusive. Kiowa County could be the actual location of the 
massacre but there are other locations that may be the actual 
massacre site, including locations in Cheyenne, Prowers, or 
Bent Counties.
    The Kiowa site is in a flood zone, raising the possibility 
that artifacts may have been washed downstream or could be 
buried deeper. The Historic Society believes additional 
research needs to be done to identify the actual site of the 
Sand Creek Massacre. At this time no study has been done by the 
National Park Service to determine the suitability of the site 
for inclusion in the National Park System, hence the need for 
S. 1695. The bill authorizes such sums as necessary to carry 
out the Act.

                            committee action

    S. 1695 was introduced on March 2, 1998, by Senator Ben 
Nighthorse Campbell (R-CO). On July 17, 1998, the Senate passed 
S. 1695 with an amendment by unanimous consent. In the House of 
Representatives, S. 1695 was referred to the Committee on 
Resources, and within the Committee, to the Subcommittee on 
National Parks and Public Lands. On August 5, 1998, the Full 
Committee met to consider S. 1695. The Subcommittee on National 
Parks and Public Lands was discharged from further 
consideration of the bill by unanimous consent. No amendments 
were offered and the bill was ordered favorably reported to the 
House of Representatives by voice vote.

            committee oversight findings and recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   constitutional authority statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact S. 1695.

                        cost of the legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
S. 1695. However, clause 7(d) of that rule provides that this 
requirement does not apply when the committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, S. 1695 
does not contain any new budget authority, spending authority, 
credit authority, or an increase or decrease in revenues or tax 
expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of S. 1695.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
committee has received the following cost estimate for S. 1695 
from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 13, 1998.
Hon. Don Young,
Chairman, Committee on Resources, U.S. House of Representatives, 
        Washington, DC.
     Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1695, the Sand Creek 
Massacre National Historic Site Preservation Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

S. 1695--San Creek Massacre National Historic Site Preservation Act of 
        1998

    CBO estimates that implementing S. 1695 would cost the 
federal government about $200,000 over the next 18 months, 
assuming appropriation of the necessary amounts. The act would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures would not apply. S. 1695 contains no 
intergovernmental or private-sector mandates and would impose 
no costs of state, local, or tribal governments.
    S. 1695 would direct he National Park Service (NPS) to 
conduct a resource study of the Sand Creek massacre site in 
Colorado. The study, which would be carried out in consultation 
with the state of Colorado and local tribal governments, would 
help NPS to locate the exact site of the massacre and to 
evaluate the suitability and feasibility of designating it as a 
unit of the National park System.
    Based on information provided by NPS and assuming 
appropriation of the necessary sums, we estimate that the 
agency would spend about $200,000 over the next two fiscal 
years to complete the study required by the act.
    On July 9, 1998, CBO transmitted a cost estimate for S. 
1695, as ordered reported by the Senate Committee on Energy and 
Natural Resources on June 24, 1998. The two versions of S. 1695 
are nearly identical, and the two estimates are identical.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Paul N. Van de Water, Assistant Director for Budget 
Analysis.

                    compliance with public law 104-4

    S. 1695 contains no unfunded mandates.

                        changes in existing law

    If enacted, S. 1695 would make no changes in existing law.