Capital Development Committee approves Sand Creek Massacre Memorial design, loans Union soldier statue to Veterans Affairs

The Capital Development Committee voted to approve the Sand Creek Massacre Memorial design for placement on the west plaza of the Colorado State Capitol and to authorize a long-term loan of the Union soldier statue to the Department of Military and Veterans Affairs.

Senator Mullica moved the recommendation from the Capital Building Advisory Committee; the motion passed 5-1. Senator Henderson, Representative Lindsay, Representative Winter, Senator Malika and the chair voted yes; Senator Pelton voted no. Representative Winter said she was voting yes but placed concerns on the record about how both memorials and affected families are recognized.

The question of whether the federal Section 106 review under the National Historic Preservation Act applied to the relocation was raised during the meeting. Legislative Legal Services attorney Nicole Myers told the committee, "we do not believe that section 106 is triggered" because, in her view, "there's no federal money involved here, it's not a federal project." Myers cautioned that her remarks reflected her and a colleague's review and were not a formal office opinion.

Dawn DePrince, president and CEO of History Colorado and the state's historic preservation officer, confirmed the agency’s view: "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." She added that History Colorado administers Section 106 on behalf of the state and that the agency had participated in public outreach about monument placements.

Several committee members expressed concern about striking a balance between memorials. Senator Pelton said the letter the committee received after the prior meeting raised questions and said he worried the committee was "picking a winner and loser here," urging recognition for families tied to the Union soldier memorial. DePrince told the committee there had been "a number of public discussions" and targeted outreach to veterans communities before the committee received the item.

After the vote, staff counsel Pogue said a joint resolution to the General Assembly would be introduced, similar to a bipartisan 2017 resolution referenced in the Capital Building Advisory Committee's February 14 letter. The committee unanimously approved a separate motion to request Legislative Legal Services draft a committee resolution memorializing the placement and to return a draft for committee review; Representative Winter volunteered to be a point person on the drafting.

Committee staff noted that the Capital Building Advisory Committee had authority to identify a permanent location for the Union soldier statue and to recommend the Sand Creek design, and that the legislature would take final action. The committee also scheduled additional items for its next meeting, including property transactions and CBAC items.

Votes at a glance: Motion to approve the Sand Creek Massacre Memorial design for placement on the west plaza and to approve a long-term loan of the Union soldier statue to the Department of Military and Veterans Affairs — Mover: Senator Mullica; Outcome: approved 5-1 (Yes: Senator Henderson; Representative Lindsay; Representative Winter — with concerns recorded; Senator Malika; Chair — yes. No: Senator Pelton).