Capital Development Committee approves Sand Creek Massacre Memorial design, loans Union Soldier statue to veterans agency

The Capital Development Committee on an affirmative 5-1 vote approved the design of a Sand Creek Massacre Memorial and authorized placing the memorial on the West Plaza of the State Capitol and approved a long-term loan of the Union Soldier statue to the Department of Military and Veterans Affairs.

The committee’s action follows multiple briefings and public discussion over how to recognize the Sand Creek Massacre while accounting for the existing Union Soldier statue on the Capitol grounds. Senator Mullica moved the committee recommendation from the Capitol Building Advisory Committee; the motion passed 5 to 1. Representative Lindsay voted yes, Senator Pelton voted no, Representative Winter voted yes and placed her concerns on the record; other members voted yes. Mr. Pogue of the legislative council staff told the committee the committee’s decision will typically be followed by introduction of a joint resolution to the General Assembly and noted a prior bipartisan joint resolution in 2017 on a similar subject.

Why it matters: The Sand Creek Massacre is a significant historic event in Colorado history and the committee’s approval will place a new memorial at a high-visibility site on the Capitol grounds. Several legislators raised concerns about relocating or loaning the Union Soldier statue without additional outreach to families and veterans groups, and asked that the committee consider ways to honor both memorials.

Legal review and federal review process: Members asked whether federal historic-preservation review under section 106 of the National Historic Preservation Act applies. Nicole Myers of Legislative Legal Services said she and colleagues reviewed the letter the committee received and "do not believe that the section 106 process applies, in this case," because, she said, there is no current federal funding or federal undertaking tied to the project. Dawn DePrince, president and CEO of History Colorado and the state historic preservation officer, told the committee that "this does not trigger section 106 because there is not a federal nexus, a current federal nexus, because there is not a federal agency, federal funds, that have triggered this action." Both speakers said past federal funding does not itself create a current federal nexus.

Stakeholder concerns and next steps: Senator Pelton and Representative Winter asked whether descendants of the people who funded or originally placed the Union Soldier statue were contacted; History Colorado said it made a concerted effort to reach out to veterans groups but did not confirm specific outreach to the descendants mentioned. Representative Winter said she wanted committee discussion and any language from today reflected in the draft joint resolution.

Draft resolution and schedule: Mr. Pogue said a joint resolution typically accompanies placements on the Capitol grounds and that the deadline for introducing a joint resolution to the General Assembly is April 7. The committee voted to request legal staff draft a committee resolution that would address the erection and placement of the Sand Creek Memorial and include language about the history of the statue site and the Union Soldier memorial; that drafting-request vote passed unanimously. Representative Winter volunteered to serve as a point person during drafting.

What the committee did not decide: The committee’s approval is a design and placement recommendation and the committee did not adopt statutory changes, nor did it assert any new legal obligations. Committee members and staff repeatedly framed the question as within the legislature’s authority and said final placement, interpretation and any statutory language would be handled through the drafting and introduction process.

Votes at a glance: - Approval of CBAC recommendation to approve design of the Sand Creek Massacre Memorial for placement on the West Plaza of the State Capitol and approve a long-term loan of the Union Soldier statue to the Department of Military and Veterans Affairs — Motion moved by Senator Mullica; passed 5 to 1 (Representative Lindsay: yes; Senator Pelton: no; Representative Winter: yes (concerns on record); others: yes). - Motion to request legislative legal services draft a committee joint resolution regarding erection and placement of the Sand Creek Memorial, including language about the statue site and Union Soldier memorial — passed unanimously; Representative Winter agreed to serve as a drafting point person.

Closing: Committee staff said drafters are available and that the committee will determine sponsors and final language before introduction. The Capital Development Committee will meet next Thursday and is expected to continue follow-up on related Capitol Building Advisory Committee items.