[Senate Report 106-418]
[From the U.S. Government Publishing Office]
Calendar No. 827
106th Congress Report
SENATE
2d Session 106-418
======================================================================
SAND CREEK MASSACRE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 2000
_______
September 25 (legislative day, September 22), 2000.--Ordered to be
printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2950]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2950) to authorize the Secretary of the
Interior to establish the Sand Creek Massacre National Historic
Site in the State of Colorado, having considered the same,
reports favorably thereon with amendments and recommends that
the bill, as amended, do pass.
The amendments are as follows:
1. On page 1, line 9, strike ``Northern and Southern''.
2. On page 1, lines 9 and 10, strike ``Indians'' and insert
in lieu thereof ``Indians under the leadership of Chief Black
Kettle,''.
3. On page 2, line 10, strike ``,''.
4. On page 3, line 22, strike ``for tribes'' and insert in
lieu thereof ``for the tribes and the State''.
5. On page 4, line 19, strike ``Cheyenne Tribe'' and insert
in lieu thereof ``Cheyenne and Arapaho Tribes''.
6. On page 4, line 20, strike subsection ``(B)'' in its
entirety and redesignate the following subsections accordingly.
7. On page 7, line 20, strike ``with the'' and insert in
lieu thereof ``with and solicit advice and recommendations from
the''.
8. On page 8, strike subsection ``(b)'' in its entirety and
redesignate the remaining subsections accordingly.
9. On page 10, line 14, strike ``Special''.
10. On page 10, line 15, strike ``special'' and insert
``reasonable''.
11. On page 10, line 21, strike ``special'' and insert
``reasonable''.
12. On page 11, line 11, strike all of subsection (b)
through page 11, line 24, and replace with:
``(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.''.
13. On page 12, line 21, strike ``tribes located in the
vicinity of the site.'' and insert in lieu thereof ``the
tribes.''.
purpose of the measure
The purpose of S. 2950 is to authorize the Secretary of the
Interior to establish the Sand Creek Massacre National Historic
Site in the State of Colorado.
background and need
On November 29, 1864, a village of about 500 Cheyenne and
Arapaho Indians along Sand Creek in southeastern Colorado was
attacked by approximately 700 volunteer soldiers commanded by
Colonel John M. Chivington. More than 150 Cheyenne and Arapahos
were killed in the attack, mostly women, children, and the
elderly. During that afternoon and the following day, the
soldiers followed up the massacre by committing atrocities on
the dead before withdrawing from the field.
The massacre remains a matter of great historical, cultural
and spiritual importance to the Cheyenne and Arapaho Tribes,
and is a pivotal event in the history of relations between the
Plains Indians and Euro-American settlers.
The Sand Creek Massacre National Historic Site Study Act
(Public Law 105-243) directed the National Park Service, in
consultation with the State of Colorado, the Cheyenne and
Arapaho Tribes of Oklahoma, the Northern Cheyenne Tribe, and
the Northern Arapaho Tribe, to complete two tasks. First, the
Act directed the Park Service to ``identify the location and
extent of the massacre area.'' Second, the Act directed the
Park Service to prepare a report that assessed the national
significance of the Sand Creek Massacre site, the suitability
and feasibility of designating it as a unit of the National
Park System, and a range of alternatives for the management,
administration, and protection of the area.
The first of these tasks was addressed in a separate report
entitled Sand Creek Massacre Project, Volume 1: Site Location
Study. In the Site Location Study, the National Park Service,
the State of Colorado, the Northern Cheyenne Tribe, the
Northern Arapaho Tribe, and the Cheyenne and Arapaho Tribes of
Oklahoma agreed on the location and extent of the massacre. The
area lies in Kiowa County, Colorado. It encircles a running
engagement and extends approximately 5\1/2\ miles in length and
2 miles in width. Included within this boundary are key
features of the massacre, including the Cheyenne and Arapaho
village site, the ``sandpits'' area where the fiercest fighting
took place, the area of Indian flight, and the point from which
Colonel Chivington and his troops launched their attack upon
the Indian encampment.
The Special Resource Study/Environmental Assessment
addresses the national significance of the Sand Creek Massacre
site and the suitability and feasibility of designating it as a
unit of the National Park System. The study also identified
alternatives for the management of the site, and the impacts of
those alternatives. The study found that the Sand Creek
Massacre site meets all of the criteria used to determine the
national significance of a natural, cultural, or recreational
resource with the respect to inclusion within the National Park
System. Furthermore, the study found that the site is both
suitable and feasible for inclusion as a unit of the National
Park System, and identified a range of alternatives under which
the site could be managed.
S. 2950 authorizes the establishment of the Sand Creek
Massacre National Historic Site as a unit of the National Park
System, consisting of approximately 12,480 acres in Kiowa
County, Colorado. The measure provides descendants of the
massacre and members of specific tribes with special access and
use rights for commemorative activities and for the purpose of
carrying out traditional, cultural, or historic observances. In
addition, the measure requires that a certain portion of the
land within the site be dedicated for the repatriation of
Native American human remains and other items associated with
the Sand Creek Massacre.
legislative history
S. 2950 was introduced by Senator Campbell on July 27,
2000. The Subcommittee on National Parks, Historic Preservation
and Recreation held a hearing on S. 2950 on September 14, 2000.
At the business meeting on September 20, 2000, the Committee on
Energy and Natural Resources ordered S. 2950 favorably
reported, as amended.
committee recommendation
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000, by a unanimous vote of
a quorum present, recommends that the Senate pass S. 2950, if
amended as described herein.
committee amendments
During the consideration of S. 2950, the Committee adopted
several amendments to make technical and clarifying changes,
and also adopted several amendments making substantive changes
to the bill.
An amendment was adopted clarifying the role of the State
of Coloradoand the tribes in developing the park's management
plan and educational programs. Another amendment was adopted to delete
a provision in the bill that would have required the Secretary of the
Interior to permit the continuation of traditional agricultural and
ranching activities on privately owned lands within the boundaries of
the site. Since the Secretary does not have the authority to prohibit
such activities on privately owned land, the provision was unnecessary.
Finally, an amendment was adopted deleting language in the
bill that would have required the Secretary to consult only
with tribes located in the vicinity of the site when addressing
the access needs and rights of descendants regarding
traditional, cultural, or historical observances. Since there
are no tribes located in the vicinity of the site, the language
was corrected to simply refer to the tribes that are defined in
the bill.
section-by-section analysis
Section 1 designates the bill's short title.
Section 2(a) contains Congressional findings.
Subsection (b) defines the purposes of the legislation,
which are: (1) to recognize the importance of the Sand Creek
Massacre; (2) to authorize the establishment of the Sand Creek
Massacre National Historic Site; and (3) to provide
opportunities for tribes to be involved in the formulation of
general management plans and educational programs for the site.
Section 3 provides definitions for key terms used in the
legislation, including the term ``tribe'' which means the
specific tribes connected with the Sand Creek Massacre site.
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.
Section 4(a) authorizes the Secretary of the Interior
(Secretary) to establish the Sand Creek Massacre National
Historic Site (site) when he has determined that lands
containing a sufficient quantity of resources to provide for
the preservation, memorialization, commemoration, and
interpretation of the Sand Creek Massacre have been acquired by
the National Park Service.
Subsection (b) describes that the site will consist of
approximately 12,480 acres in Kiowa County, Colorado as
generally depicted on the specified map reference.
Section 5(a) requires the site to be managed in accordance
with the laws applicable to the National Park System.
Subsection (b) requires the Secretary to protect and
preserve the site's resources, interpret and provide for public
understanding of its natural and cultural resources values, and
to memorialize, commemorate, and provide information to
visitors to enhance cultural understanding about the site and
assist in minimizing the chances of similar incidents in the
future.
Subsection (c) requires the Secretary to consult with and
solicit advice and recommendations from the tribes and the
State in preparing the site's management plan and educational
material, and authorizes the Secretary to enter into
cooperative agreements.
Section 6(a) authorizes the acquisition of land or
interests in land within the boundaries of the site by purchase
from willing sellers, donation, or exchange. Lands owned by the
State may only be acquired through donation.
Subsection (b) requires the Secretary to give priority to
acquisition of the land that includes the existing Sand Creek
Battleground marker.
Subsection (c) requires the Secretary to use cost-effective
alternatives to fee ownership of the land where practical,
including conservation easements and other means of
acquisition. A support facility for the site that is not within
the designated boundaries may be located in Kiowa County,
Colorado, subject to an agreement between the County and the
Secretary.
Section 7 requires a management plan for the site to be
prepared within five years after funds are made available to
carry out the legislation.
Section 8 provides descendants with reasonable rights of
access and use of the site, and requires that commemorative
activities of descendants be considered in park planning and
operations.
Section 9(a) requires the Secretary to grant any descendant
or member of a tribe reasonable access to the site for the
purpose of carrying out a traditional, cultural, or historical
observance. No fees may be charged for such access.
Subsection (b) authorizes the Secretary to temporarily
close specific portions of the site to the general public in
order to protect the privacy of the traditional, cultural, or
historical observances under subsection (a). The closures must
be made in a manner that affects the smallest practicable area
for the minimum period necessary.
Subsection (c) requires the Secretary to dedicate a portion
of the site for the repatriation of human remains and other
items associated with the Sand Creek Massacre.
Subsection (d) requires the Secretary to consult with
descendants and tribes in exercising any authority under this
section.
Section 10 authorizes the appropriation of such sums as are
necessary to carry out the legislation.
cost and budgetary considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 22, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee On Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2950, the Sand Creek
Massacre National Historic Site Establishment Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 2950--Sand Creek Massacre National Historic Site Establishment Act
of 2000
S. 2950 would authorize the Secretary of the Interior to
establish the Sand Creek Massacre National Historic Site in
Colorado once the National Park Service (NPS) has acquired
sufficient resources at the site to provide for its
preservation and interpretation. The NPS could acquire lands
and other property interests within the 12,480-acre site by
donation, purchase, or exchange. The bill would require the NPS
to dedicate a portion of the site to the preservation of human
remains, funerary objects, and other items that might be found
on or returned to the site. Within five years of receiving
funding for this purpose, the agency would prepare a general
management plan for the site. Finally, the bill would authorize
the appropriation of whatever amounts are necessary for these
activities.
CBO estimates that the NPS would spend $14.5 million over
the next five to seven years to implement S. 2950, including $2
million to acquire land for the new historic site, $12 million
to construct visitor and administrative facilities, and $0.5
million to prepare a management plan. Once sufficient land has
been acquired to establish the site, the agency would spend
about $1.3 million a year to operate and maintain it, including
making payments in lieu of taxes to local governments. CBO
estimates that providing space within the site for human
remains and tribal objects would not add significantly to
start-up or annual operating costs. These estimates are based
on information provided by the NPS and assume appropriation of
the necessary amounts.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. S. 2950
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act. State and tribal
governments might incur some costs if they choose to
participate in the activities authorized by this bill, but
these costs would be voluntary.
The CBO staff contact for this estimate is Deborah Reis,
who can be reached at 226-2860. The estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2950. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2950, as ordered reported.
executive communications
On September 15, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations of S. 2950. These
reports had not been received at the time the report on S. 2950
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
national park Service at the Subcommittee hearing follows:
statement of donald j. hellmann, deputy assistant director, legislative
and congressional affairs, national park service, u.s. department of
the interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you to present the position of
the Department of the Interior on S. 2950, a bill to establish
the Sand Creek Massacre National Historic Site as a unit of the
National Park System.
The Department strongly supports protection of this site
through S. 2950 with the amendments outlined in this testimony.
We appreciate the continued interest and support of Senator
Campbell, and look forward to working with him and the
subcommittee to protect this site.
Since the day it happened, the Sand Creek Massacre has been
regarded as one of the most emotionally charged and
controversial events in American history. On November 29, 1864,
Col. John M. Chivington, leading about 700 soldiers of the
First and Third Colorado Volunteers, attacked a village of
about 500 Cheyenne and Arapaho people. These people were under
the overall leadership of Black Kettle, and had camped on Sand
Creek at the direction of Major Scott Anthony, who commanded
Fort Lyon, about 40 miles to the south. By day's end, the
soldiers had killed at least 150 people, including women and
children.
The massacre resulted in almost instant controversy, which
ultimately led to three federal investigations, all of which
condemned Chivington's actions. By the 1865 Treaty of Little
Arkansas with the Cheyenne and Arapaho, victims of Sand Creek
received minor compensation for their suffering and loss of
property. While some efforts were made to understand the
massacre, place blame on the responsible parties, and
compensate the tribes, little was actually done.
Many people, including Gen. William Tecumseh Sherman,
visited the site and collected artifacts of all kinds. The land
was used for large-scale cattle operations, and eventually
small private landowners farmed and grazed the property. As
time passed, evidence of the massacre slowly disappeared.
Although the event continued to be remembered, mostly by the
tribes and historians, the only commemoration of the massacre
was a simple granite marker placed near the site by the local
community in 1950.
In 1998, P.L. 105-243 authorized the Secretary to identify
the location and extent of the Sand Creek Massacre, determine
the suitability and feasibility of designating the site as a
unit of the National Park System, and present those findings in
18 months.
Starting in 1998 a variety of techniques and methods were
used to locate the site of the Sand Creek Massacre. These
included a thorough research of written records, archeology,
geomorphology, aerial photographic analysis, traditional tribal
methods and recording the oral traditions of the Cheyenne and
Arapaho Tribes of Oklahoma, the Northern Cheyenne and the
Northern Arapaho.
Once the location of the site was identified, the next task
was to determine national significance and suitability and
feasibility of the site as a unit of the system. To be eligible
for consideration, National Park Service Management Policies
state that an area must possess nationally significant natural,
cultural or recreational resources; be a suitable and feasible
addition to the system; and require direct NPS management
instead of protection by some other governmental agency or
private sector. The Special Resource Study for the Sand Creek
Massacre site, completed in July 2000, concluded that the area
is nationally significant.
The Sand Creek Massacre site possesses exceptional value in
illustrating and interpreting the history of U.S.-Indian
relations in the American West. The massacre at Sand Creek of
nearly 150 Cheyenne and Arapaho people who believed they were
under the protection of the U.S. Government was a major turning
point in the relationship between whites and Indians. Virtually
all Indian and army conflicts that ensued were rooted, at least
partly, in the massacre.
A National Park System unit at Sand Creek would provide an
opportunity for Americans to better understand the significance
of the massacre, the chain of events that led to it, the
relationship between Indians and whites during the mid-to late-
19th Century, the devastating effects of the massacre upon the
Cheyenne and Arapaho peoples, and its far reaching
repercussions, many of which linger today. The site also
retains a high degree of physical integrity, and its isolated
setting will give visitors an opportunity to contemplate the
complexities of the human tragedy that unfolded there.
The Special Resource Study also concluded that Sand Creek
is both suitable and feasible as a unit of the National Park
System. The site is suitable because it represents a cultural
theme that is not already adequately represented in the system.
As described on the map referenced in S. 2950, the proposed
national historic site is also a feasible addition in that the
area taken as a whole is of sufficient size and configuration
to ensure long-term resource protection and accommodate public
use. As outlined in the Special Resources Study, acquisition of
up to 12,480 acres of land and development of the site will
cost approximately $13,600,000. The preliminary annual cost of
administering the site is approximately $1,260,000.
S. 2950 would authorize the establishment of Sand Creek
National Historic Site. The unit would be established once the
Secretary of the Interior determines that sufficient lands have
been acquired to provide for the protection and commemoration
of the Sand Creek Massacre. Lands are identified on a map date
July 1, 2000 and would be acquired through donation, purchase
from willing sellers or exchange. Priority for acquisition is
given to the site containing the historical marker. Keys to
managing the site would be protection of the natural and
cultural features that are critical to telling the story of
Sand Creek; and cooperation and consultation with the tribes in
the development of management plans and educational programs.
S. 2950 calls for the Secretary to consider locating
support facilities in Kiowa County. The legislation also
contains important provisions that would provide for special
needs of the descendants and other members of the identified
tribes to access and use federally acquired land for the
purpose of traditional, cultural and historical observances,
and consultation with respect to commemorative activities. S.
2950 also calls for the dedication of a portion of the site for
the purposes of repatriation of human remains.
One of the major strengths of this project has been the
extensive consultation and inclusion of the interested
individuals and organizations, especially tribes, landowners,
the State of Colorado and Kiowa County. A critical result of
this effort was the agreement that protection of the site is
essential. It is essential in part so that we may all learn how
to deepen our understanding of other cultures.
We believe some minor amendments are needed in Sections 8
and 9 that would clarify the intent of the legislation. These
sections address the special needs of the descendents and
tribal members of those affected by the Sand Creek Massacre. We
believe that the two sections should be made consistent with
recent Congressional direction regarding reasonable
accommodation of the religious and cultural needs of American
Indians in units of the National Park System. We would be
pleased to provide draft language to that effect.
We also recommended deleting on page 12, line 21, ``located
in the vicinity of the site'', as there are no tribes located
in the vicinity of the site.
We look forward to working with the subcommittee and
Senator Campbell to ensure that the final bill language
protects this important site and the story it has to tell.
That concludes my remarks. I would be happy to answer any
questions you may have.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2950, as
ordered reported.