[House Report 109-107]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-107
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SAND CREEK MASSACRE NATIONAL HISTORIC SITE TRUST ACT OF 2005
_______
June 8, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 481]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 481) to further the purposes of the Sand Creek Massacre
National Historic Site Establishment Act of 2000, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sand Creek Massacre National Historic
Site Trust Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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.
(2) Improvement.--The term ``improvement'' means--
(A) 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;
(B) 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;
(C) a livestock corral and shelter; and
(D) a water system and wastewater system with all
associated utility connections.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tribe.--The term ``Tribe'' means the Cheyenne and Arapaho
Tribes of Oklahoma, a federally recognized Indian tribe.
(5) 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:
(A) 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.
(B) All of sec. 25, T. 17 S., R. 46 W., sixth
principal meridian.
(C) All of sec. 30, T. 17 S., R. 45 W., sixth
principal meridian.
SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR THE CHEYENNE AND
ARAPAHO TRIBES OF OKLAHOMA.
(a) 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.
(b) 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.
SEC. 4. IMPROVEMENTS AND FACILITIES.
(a) Improvements.--The Secretary may acquire by donation the
improvements in fee.
(b) Facilities.--
(1) 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.
(2) Ownership.--Facilities constructed with Federal funds or
funds donated to the United States shall be owned in fee by the
United States.
(c) 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.
SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION.
(a) 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).
(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 description shall, on publication,
constitute the official description of the trust property.
SEC. 6. ADMINISTRATION OF TRUST PROPERTY.
(a) 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).
(b) 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).
(c) 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.
(d) Savings Provision.--Nothing in this Act supersedes the laws and
policies governing units of the National Park System.
SEC. 7. 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''.
Purpose of the Bill
The purpose of H.R. 481 is to further the purposes of the
Sand Creek Massacre National Historic Site Establishment Act of
2000.
Background and Need for Legislation
The Sand Creek Massacre National Historic Site was
authorized in 2000 by Public Law 106-465 to recognize the
national significance of the massacre in American history and
its ongoing significance to the Cheyenne and Arapaho people and
descendants of the massacre victims. The Act authorizes
establishment of the national historic site once the National
Park Service has acquired sufficient land to preserve,
commemorate, and interpret the massacre site. The National Park
Service has acquired approximately 920 acres, but the majority
of land within the authorized boundary is privately owned and
is not open to the public. The National Park Service has been
working in partnership with the Cheyenne and Arapaho Tribes and
the State of Colorado towards establishment of the Sand Creek
Massacre National Historic Site. H.R. 481 would authorize the
Cheyenne and Arapaho Tribes of Oklahoma to convey approximately
1,465 acres to the Secretary of the Interior to be held in
trust for the tribes. Once these lands are conveyed, the
National Park Service will be able to formally establish the
Sand Creek Massacre National Historic Site.
Committee Action
H.R. 481 was introduced on February 1, 2005, by
Congresswoman Marilyn Musgrave (R-CO). The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on National Parks. On April 14, 2005, the
Subcommittee on National Parks held a hearing on H.R. 481. On
May 18, 2005, the Committee on Resources met to consider the
bill. By unanimous consent, the Subcommittee on National Parks
was discharged from further consideration of the bill.
Congresswoman Musgrave offered an amendment in the nature of a
substitute that would make technical changes recommended by the
Administration and adopted previously in the Senate. The
Musgrave amendment was agreed to by unanimous consent. H.R.
481, as amended, was then ordered favorably reported to the
House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII 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, and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
Office:
H.R. 481--Sand Creek Massacre National Historic Site Trust Act of 2005
H.R. 481 would authorize the Secretary of the Interior to
take certain property into trust for the Cheyenne and Arapaho
Tribes of Oklahoma and to construct facilities (including
structures, utilities, roads, or signs) on such land. Any
facility constructed with federal funds would be owned by the
federal government and not taken into trust for the tribes.
Based on information obtained from the National Park Service,
CBO does not expect the Secretary to construct facilities on
the tribes' land over 2005-2010 period. Therefore, CBO
estimates that implementing H.R. 481 would have no significant
effect on the federal budget.
H.R. 481 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not significantly affect the budgets of state, local, or
tribal governments.
On February 23, 2005, CBO transmitted a cost estimate for
S. 57, the Sand Creek Massacre National Historic Site Trust Act
of 2005, as ordered reported by the Senate Committee on Energy
and Natural Resources on February 16, 2005. The two versions of
the legislation are identical, as are the cost estimates.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 6 OF THE SAND CREEK MASSACRE NATIONAL HISTORIC SITE
ESTABLISHMENT ACT OF 2000
SEC. 6. ACQUISITION OF PROPERTY.
(a) In General.--The Secretary may acquire land and interests
in land within the boundaries of the site--
(1) * * *
(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 donation or exchange.
* * * * * * *