Calendar No. 407

106TH CONGRESS

1ST SESSION S. 964

[Report No. 106–217]

A BILL

To provide for equitable compensation for the

Cheyenne River Sioux Tribe, and for other purposes.

NOVEMBER 8, 1999

Reported with an amendment
II

Calendar No. 407

106TH CONGRESS

1ST SESSION S. 964

[Report No. 106–217]

To provide for equitable compensation for the Cheyenne River Sioux Tribe,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 5, 1999

Mr. DASCHLE (for himself and Mr. BINGAMAN) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

NOVEMBER 8, 1999

Reported by Mr. CAMPBELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for equitable compensation for the Cheyenne

River Sioux Tribe, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Cheyenne River Sioux

5 Tribe Equitable Compensation Act’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) by enacting the Act of December 22, 1944,

4 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et

5 seq.), commonly known as the ‘‘Flood Control Act of

6 1944’’, Congress approved the Pick-Sloan Missouri

7 River Basin program (referred to in this section as

8 the ‘‘Pick-Sloan program’’)—

9 (A) to promote the general economic devel10 opment of the United States;

11 (B) to provide for irrigation above Sioux

12 City, Iowa;

13 (C) to protect urban and rural areas from

14 devastating floods of the Missouri River; and

15 (D) for other purposes;

16 (2) the Oahe Dam and Reservoir project—

17 (A) is a major component of the Pick18 Sloan program, and contributes to the economy

19 of the United States by generating a substan20 tial amount of hydropower and impounding a

21 substantial quantity of water;

22 (B) overlies the eastern boundary of the

23 Cheyenne River Sioux Indian Reservation; and

24 (C) has not only contributed little to the

25 economy of the Tribe, but has severely damaged

26 the economy of the Tribe and members of the
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1 Tribe by inundating the fertile, wooded bottom

2 lands of the Tribe along the Missouri River that

3 constituted the most productive agricultural

4 and pastoral lands of the Tribe and the home5 land of the members of the Tribe;

6 (3) the Secretary of the Interior appointed a

7 Joint Tribal Advisory Committee that examined the

8 Oahe Dam and Reservoir project and correctly con9 cluded that—

10 (A) the Federal Government did not jus11 tify, or fairly compensate the Tribe for, the

12 Oahe Dam and Reservoir project when the Fed13 eral Government acquired 104,492 acres of land

14 of the Tribe for that project; and

15 (B) the Tribe should be adequately com16 pensated for the land acquisition described in

17 subparagraph (A);

18 (4) after applying the same method of analysis

19 as is used for the compensation of similarly situated

20 Indian tribes, the Comptroller General of the United

21 States (referred to in this Act as the ‘‘Comptroller

22 General’’) determined that the appropriate amount

23 of compensation to pay the Tribe for the land acqui24 sition described in paragraph (3)(A) would be

25 $290,722,958;
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1 (5) the Tribe is entitled to receive additional fi2 nancial compensation for the land acquisition de3 scribed in paragraph (3)(A) in a manner consistent

4 with the determination of the Comptroller General

5 described in paragraph (4); and

6 (6) the establishment of a trust fund to make

7 amounts available to the Tribe under this Act is con8 sistent with the principles of self-governance and

9 self-determination.

10 (b) PURPOSES.—The purposes of this Act are as fol11 lows:

12 (1) To provide for additional financial com13 pensation to the Tribe for the acquisition by the

14 Federal Government of 104,492 acres of land of the

15 Tribe for the Oahe Dam and Reservoir project in a

16 manner consistent with the determinations of the

17 Comptroller General described in subsection (a)(4).

18 (2) To provide for the establishment of the

19 Cheyenne River Sioux Tribal Recovery Fund, to be

20 managed by the Secretary of the Treasury in order

21 to make payments to the Tribe to carry out projects

22 under a plan prepared by the Tribe.

23 SEC. 3. DEFINITIONS.

24 In this Act:
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1 (1) TRIBE.—The term ‘‘Tribe’’ means the

2 Cheyenne River Sioux Tribe, which is comprised of

3 the Itazipco, Siha Sapa, Minniconjou, and

4 Oohenumpa bands of the Great Sioux Nation that

5 reside on the Cheyenne Reservation, located in cen6 tral South Dakota.

7 (2) TRIBAL COUNCIL.—The term ‘‘Tribal Coun8 cil’’ means the governing body of the Tribe.

9 SEC. 4. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST

10 FUND.

11 (a) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

12 TRUST FUND.—There is established in the Treasury of

13 the United States a fund to be known as the ‘‘Cheyenne

14 River Sioux Tribal Recovery Trust Fund’’ (referred to in

15 this Act as the ‘‘Fund’’). The Fund shall consist of any

16 amounts deposited into the Fund under this Act.

17 (b) FUNDING.—Out of any money in the Treasury

18 not otherwise appropriated, the Secretary of the Treasury

19 shall deposit $290,722,958 into the Fund not later than

20 60 days after the date of enactment of this Act.

21 (c) INVESTMENT OF TRUST FUND.—It shall be the

22 duty of the Secretary of the Treasury to invest such por23 tion of the Fund as is not, in the Secretary of Treasury’s

24 judgment, required to meet current withdrawals. Such in25 vestments may be made only in interest-bearing obliga-
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1 tions of the United States or in obligations guaranteed as

2 to both principal and interest by the United States. The

3 Secretary of the Treasury shall deposit interest resulting

4 from such investments into the Fund.

5 (d) PAYMENT OF INTEREST TO TRIBE.—

6 (1) IN GENERAL.—

7 (A) WITHDRAWAL OF INTEREST.—Begin8 ning at the end of the first fiscal year in which

9 interest is deposited into the Fund, the Sec10 retary of the Treasury shall withdraw the appli11 cable percentage amount of the aggregate

12 amount of interest deposited into the Fund for

13 that fiscal year (as determined under subpara14 graph (B)) and transfer that amount to the

15 Secretary of the Interior for use in accordance

16 with paragraph (2). Each amount so trans17 ferred shall be available without fiscal year limi18 tation.

19 (B) APPLICABLE PERCENTAGE

20 AMOUNTS.—The applicable percentage amount

21 referred to in subparagraph (A) shall be as fol22 lows:

23 (i) 10 percent for the first fiscal year

24 for which interest is deposited into the

25 Fund.
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1 (ii) 20 percent for the 2d such fiscal

2 year.

3 (iii) 30 percent for the 3rd such fiscal

4 year.

5 (iv) 40 percent for the 4th such fiscal

6 year.

7 (v) 50 percent for the 5th such fiscal

8 year.

9 (vi) 60 percent for the 6th such fiscal

10 year.

11 (vii) 70 percent for the 7th such fiscal

12 year.

13 (viii) 80 percent for the 8th such fis14 cal year.

15 (ix) 90 percent for the 9th such fiscal

16 year.

17 (x) 100 percent for the 10th such fis18 cal year, and for each such fiscal year

19 thereafter.

20 (2) PAYMENTS TO TRIBE.—

21 (A) IN GENERAL.—The Secretary of the

22 Interior shall use the amounts transferred

23 under paragraph (1) only for the purpose of

24 making payments to the Tribe, as such pay-
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1 ments are requested by the Tribe pursuant to

2 tribal resolution.

3 (B) LIMITATION.—Payments may be made

4 by the Secretary of the Interior under subpara5 graph (A) only after the Tribe has adopted a

6 plan under subsection (f).

7 (C) USE OF PAYMENTS BY TRIBE.—The

8 Tribe shall use the payments made under sub9 paragraph (B) only for carrying out projects

10 and programs under the plan prepared under

11 subsection (f).

12 (D) PLEDGE OF FUTURE PAYMENTS.—

13 (i) IN GENERAL.—Subject to clause

14 (ii), the Tribe may enter into an agreement

15 under which the Tribe pledges future pay16 ments under this paragraph as security for

17 a loan or other financial transaction.

18 (ii) LIMITATIONS.—The Tribe—

19 (I) may enter into an agreement

20 under clause (i) only in connection

21 with the purchase of land or other

22 capital assets; and

23 (II) may not pledge, for any year

24 under an agreement referred to in

25 clause (i), an amount greater than 40
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1 percent of any payment under this

2 paragraph for that year.

3 (e) TRANSFERS AND WITHDRAWALS.—Except as

4 provided in subsections (c) and (d)(1), the Secretary of

5 the Treasury may not transfer or withdraw any amount

6 deposited under subsection (b).

7 (f) PLAN.—

8 (1) IN GENERAL.—Not later than 18 months

9 after the date of enactment of this Act, the gov10 erning body of the Tribe shall prepare a plan for the

11 use of the payments to the Tribe under subsection

12 (d) (referred to in this subsection as the ‘‘plan’’).

13 (2) CONTENTS OF PLAN.—The plan shall pro14 vide for the manner in which the Tribe shall expend

15 payments to the Tribe under subsection (d) to

16 promote—

17 (A) economic development;

18 (B) infrastructure development;

19 (C) the educational, health, recreational,

20 and social welfare objectives of the Tribe and

21 its members; or

22 (D) any combination of the activities de23 scribed in subparagraphs (A) through (C).

24 (3) PLAN REVIEW AND REVISION.—
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1 (A) IN GENERAL.—The Tribal Council

2 shall make available for review and comment by

3 the members of the Tribe a copy of the plan be4 fore the plan becomes final, in accordance with

5 procedures established by the Tribal Council.

6 (B) UPDATING OF PLAN.—The Tribal

7 Council may, on an annual basis, revise the

8 plan to update the plan. In revising the plan

9 under this subparagraph, the Tribal Council

10 shall provide the members of the Tribe oppor11 tunity to review and comment on any proposed

12 revision to the plan.

13 (C) CONSULTATION.—In preparing the

14 plan and any revisions to update the plan, the

15 Tribal Council shall consult with the Secretary

16 of the Interior and the Secretary of Health and

17 Human Services.

18 (4) AUDIT.—

19 (A) IN GENERAL.—The activities of the

20 Tribe in carrying out the plan shall be audited

21 as part of the annual single-agency audit that

22 the Tribe is required to prepare pursuant to the

23 Office of Management and Budget circular

24 numbered A–133.
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1 (B) DETERMINATION BY AUDITORS.—The

2 auditors that conduct the audit described in

3 subparagraph (A) shall—

4 (i) determine whether funds received

5 by the Tribe under this section for the pe6 riod covered by the audit were expended to

7 carry out the plan in a manner consistent

8 with this section; and

9 (ii) include in the written findings of

10 the audit the determination made under

11 clause (i).

12 (C) INCLUSION OF FINDINGS WITH PUBLI13 CATION OF PROCEEDINGS OF TRIBAL COUN14 CIL.—A copy of the written findings of the

15 audit described in subparagraph (A) shall be in16 serted in the published minutes of the Tribal

17 Council proceedings for the session at which the

18 audit is presented to the Tribal Council.

19 (g) PROHIBITION ON PER CAPITA PAYMENTS.—No

20 portion of any payment made under this Act may be dis21 tributed to any member of the Tribe on a per capita basis.
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1 SEC. 5. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

2 AND SERVICES.

3 No payment made to the Tribe under this Act shall

4 result in the reduction or denial of any service or program

5 with respect to which, under Federal law—

6 (1) the Tribe is otherwise entitled because of

7 the status of the Tribe as a federally recognized In8 dian tribe; or

9 (2) any individual who is a member of the Tribe

10 is entitled because of the status of the individual as

11 a member of the Tribe.

12 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated such funds

14 as may be necessary to carry out this Act, including such

15 funds as may be necessary to cover the administrative ex16 penses of the Fund.

17 TITLE I—CHEYENNE RIVER

18 SIOUX TRIBE EQUITABLE

19 COMPENSATION

20 SEC. 101. SHORT TITLE.

21 This title may be cited as the ‘‘Cheyenne River Sioux

22 Tribe Equitable Compensation Act’’.

23 SEC. 102. FINDINGS AND PURPOSES.

24 (a) FINDINGS.—Congress finds that—

25 (1) by enacting the Act of December 22, 1944,

26 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et seq.),
13

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1 commonly known as the ‘‘Flood Control Act of 1944’’,

2 Congress approved the Pick-Sloan Missouri River

3 Basin program (referred to in this section as the

4 ‘‘Pick-Sloan program’’)—

5 (A) to promote the general economic devel6 opment of the United States;

7 (B) to provide for irrigation above Sioux

8 City, Iowa;

9 (C) to protect urban and rural areas from

10 devastating floods of the Missouri River; and

11 (D) for other purposes;

12 (2) the Oahe Dam and Reservoir project—

13 (A) is a major component of the Pick-Sloan

14 program, and contributes to the economy of the

15 United States by generating a substantial

16 amount of hydropower and impounding a sub17 stantial quantity of water;

18 (B) overlies the eastern boundary of the

19 Cheyenne River Sioux Indian Reservation; and

20 (C) has not only contributed little to the

21 economy of the Tribe, but has severely damaged

22 the economy of the Tribe and members of the

23 Tribe by inundating the fertile, wooded bottom

24 lands of the Tribe along the Missouri River that

25 constituted the most productive agricultural and
14

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1 pastoral lands of the Tribe and the homeland of

2 the members of the Tribe;

3 (3) the Secretary of the Interior appointed a

4 Joint Tribal Advisory Committee that examined the

5 Oahe Dam and Reservoir project and concluded

6 that—

7 (A) the Federal Government did not justify,

8 or fairly compensate the Tribe for, the Oahe

9 Dam and Reservoir project when the Federal

10 Government acquired 104,492 acres of land of

11 the Tribe for that project; and

12 (B) the Tribe should be adequately com13 pensated for the land acquisition described in

14 subparagraph (A);

15 (4) after applying the same method of analysis

16 as is used for the compensation of similarly situated

17 Indian tribes, the Comptroller General of the United

18 States (referred to in this title as the ‘‘Comptroller

19 General’’) determined that the appropriate amount of

20 compensation to pay the Tribe for the land acquisi21 tion described in paragraph (3)(A) would be

22 $290,723,000;

23 (5) the Tribe is entitled to receive additional fi24 nancial compensation for the land acquisition de25 scribed in paragraph (3)(A) in a manner consistent
15

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1 with the determination of the Comptroller General de2 scribed in paragraph (4); and

3 (6) the establishment of a trust fund to make

4 amounts available to the Tribe under this title is con5 sistent with the principles of self-governance and self6 determination.

7 (b) PURPOSES.—The purposes of this title are as fol8 lows:

9 (1) To provide for additional financial com10 pensation to the Tribe for the acquisition by the Fed11 eral Government of 104,492 acres of land of the Tribe

12 for the Oahe Dam and Reservoir project in a manner

13 consistent with the determinations of the Comptroller

14 General described in subsection (a)(4).

15 (2) To provide for the establishment of the Chey16 enne River Sioux Tribal Recovery Trust Fund, to be

17 managed by the Secretary of the Treasury in order to

18 make payments to the Tribe to carry out projects

19 under a plan prepared by the Tribe.

20 SEC. 103. DEFINITIONS.

21 In this title:

22 (1) TRIBE.—The term ‘‘Tribe’’ means the Chey23 enne River Sioux Tribe, which is comprised of the

24 Itazipco, Siha Sapa, Minniconjou, and Oohenumpa

25 bands of the Great Sioux Nation that reside on the
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1 Cheyenne River Reservation, located in central South

2 Dakota.

3 (2) TRIBAL COUNCIL.—The term ‘‘Tribal Coun4 cil’’ means the governing body of the Tribe.

5 SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY

6 TRUST FUND.

7 (a) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

8 TRUST FUND.—There is established in the Treasury of the

9 United States a fund to be known as the ‘‘Cheyenne River

10 Sioux Tribal Recovery Trust Fund’’ (referred to in this title

11 as the ‘‘Fund’’). The Fund shall consist of any amounts

12 deposited into the Fund under this title.

13 (b) FUNDING.—On the first day of the 11th fiscal year

14 that begins after the date of enactment of this Act, the Sec15 retary of the Treasury shall, from the General Fund of the

16 Treasury, deposit into the Fund established under sub17 section (a)—

18 (1) $290,722,958; and

19 (2) an additional amount that equals the

20 amount of interest that would have accrued on the

21 amount described in paragraph (1) if such amount

22 had been invested in interest-bearing obligations of

23 the United States, or in obligations guaranteed as to

24 both principal and interest by the United States, on

25 the first day of the first fiscal year that begins after
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1 the date of enactment of this Act and compounded

2 annually thereafter.

3 (c) INVESTMENT OF TRUST FUND.—It shall be the

4 duty of the Secretary of the Treasury to invest such portion

5 of the Fund as is not, in the Secretary of Treasury’s judg6 ment, required to meet current withdrawals. Such invest7 ments may be made only in interest-bearing obligations of

8 the United States or in obligations guaranteed as to both

9 principal and interest by the United States. The Secretary

10 of the Treasury shall deposit interest resulting from such

11 investments into the Fund.

12 (d) PAYMENT OF INTEREST TO TRIBE.—

13 (1) WITHDRAWAL OF INTEREST.—Beginning on

14 the first day of the 11th fiscal year after the date of

15 enactment of this Act and, on the first day of each

16 fiscal year thereafter, the Secretary of the Treasury

17 shall withdraw the aggregate amount of interest de18 posited into the Fund for that fiscal year and transfer

19 that amount to the Secretary of the Interior for use

20 in accordance with paragraph (2). Each amount so

21 transferred shall be available without fiscal year limi22 tation.

23 (2) PAYMENTS TO TRIBE.—

24 (A) IN GENERAL.—The Secretary of the In25 terior shall use the amounts transferred under
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1 paragraph (1) only for the purpose of making

2 payments to the Tribe, as such payments are re3 quested by the Tribe pursuant to tribal resolu4 tion.

5 (B) LIMITATION.—Payments may be made

6 by the Secretary of the Interior under subpara7 graph (A) only after the Tribe has adopted a

8 plan under subsection (f).

9 (C) USE OF PAYMENTS BY TRIBE.—The

10 Tribe shall use the payments made under sub11 paragraph (B) only for carrying out projects

12 and programs under the plan prepared under

13 subsection (f).

14 (e) TRANSFERS AND WITHDRAWALS.—Except as pro15 vided in subsections (c) and (d)(1), the Secretary of the

16 Treasury may not transfer or withdraw any amount depos17 ited under subsection (b).

18 (f) PLAN.—

19 (1) IN GENERAL.—Not later than 18 months

20 after the date of enactment of this Act, the governing

21 body of the Tribe shall prepare a plan for the use of

22 the payments to the Tribe under subsection (d) (re23 ferred to in this subsection as the ‘‘plan’’).
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1 (2) CONTENTS OF PLAN.—The plan shall provide

2 for the manner in which the Tribe shall expend pay3 ments to the Tribe under subsection (d) to promote—

4 (A) economic development;

5 (B) infrastructure development;

6 (C) the educational, health, recreational,

7 and social welfare objectives of the Tribe and its

8 members; or

9 (D) any combination of the activities de10 scribed in subparagraphs (A) through (C).

11 (3) PLAN REVIEW AND REVISION.—

12 (A) IN GENERAL.—The Tribal Council shall

13 make available for review and comment by the

14 members of the Tribe a copy of the plan before

15 the plan becomes final, in accordance with proce16 dures established by the Tribal Council.

17 (B) UPDATING OF PLAN.—The Tribal Coun18 cil may, on an annual basis, revise the plan to

19 update the plan. In revising the plan under this

20 subparagraph, the Tribal Council shall provide

21 the members of the Tribe opportunity to review

22 and comment on any proposed revision to the

23 plan.

24 (C) CONSULTATION.—In preparing the plan

25 and any revisions to update the plan, the Tribal
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1 Council shall consult with the Secretary of the

2 Interior and the Secretary of Health and

3 Human Services.

4 (4) AUDIT.—

5 (A) IN GENERAL.—The activities of the

6 Tribe in carrying out the plan shall be audited

7 as part of the annual single-agency audit that

8 the Tribe is required to prepare pursuant to the

9 Office of Management and Budget circular num10 bered A–133.

11 (B) DETERMINATION BY AUDITORS.—The

12 auditors that conduct the audit described in sub13 paragraph (A) shall—

14 (i) determine whether funds received by

15 the Tribe under this section for the period

16 covered by the audit were expended to carry

17 out the plan in a manner consistent with

18 this section; and

19 (ii) include in the written findings of

20 the audit the determination made under

21 clause (i).

22 (C) INCLUSION OF FINDINGS WITH PUBLICA23 TION OF PROCEEDINGS OF TRIBAL COUNCIL.—A

24 copy of the written findings of the audit de25 scribed in subparagraph (A) shall be inserted in
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1 the published minutes of the Tribal Council pro2 ceedings for the session at which the audit is pre3 sented to the Tribal Council.

4 (g) PROHIBITION ON PER CAPITA PAYMENTS.—No

5 portion of any payment made under this title may be dis6 tributed to any member of the Tribe on a per capita basis.

7 SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

8 AND SERVICES.

9 No payment made to the Tribe under this title shall

10 result in the reduction or denial of any service or program

11 with respect to which, under Federal law—

12 (1) the Tribe is otherwise entitled because of the

13 status of the Tribe as a federally recognized Indian

14 tribe; or

15 (2) any individual who is a member of the Tribe

16 is entitled because of the status of the individual as

17 a member of the Tribe.

18 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated such funds as

20 may be necessary to cover the administrative expenses of

21 the Fund.

22 SEC. 107. EXTINGUISHMENT OF CLAIMS.

23 Upon the deposit of funds (together with interest) into

24 the Fund under section 104(b), all monetary claims that

25 the Tribe has or may have against the United States for
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1 the taking, by the United States, of the land and property

2 of the Tribe for the Oahe Dam and Reservoir Project of the

3 Pick-Sloan Missouri River Basin program shall be extin4 guished.

5 TITLE II—BOSQUE REDONDO

6 MEMORIAL

7 SEC. 201. SHORT TITLE.

8 This title may be cited as the ‘‘Bosque Redondo Memo9 rial Act’’.

10 SEC. 202. FINDINGS AND PURPOSES.

11 (a) FINDINGS.—Congress finds that—

12 (1) in 1863, the United States detained nearly

13 9,000 Navajo and forced their migration across near14 ly 350 miles of land to Bosque Redondo, a journey

15 known as the ‘‘Long Walk’’;

16 (2) Mescalero Apache people were also incarcer17 ated at Bosque Redondo;

18 (3) the Navajo and Mescalero Apache people la19 bored to plant crops, dig irrigation ditches and build

20 housing, but drought, cutworms, hail, and alkaline

21 Pecos River water created severe living conditions for

22 nearly 9,000 captives;

23 (4) suffering and hardships endured by the Nav24 ajo and Mescalero Apache people forged a new under25 standing of their strengths as Americans;
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1 (5) the Treaty of 1868 was signed by the United

2 States and the Navajo tribes, recognizing the Navajo

3 Nation as it exists today;

4 (6) the State of New Mexico has appropriated a

5 total of $123,000 for a planning study and for the de6 sign of the Bosque Redondo Memorial;

7 (7) individuals and businesses in DeBaca Coun8 ty donated $6,000 toward the production of a bro9 chure relating to the Bosque Redondo Memorial;

10 (8) the Village of Fort Sumner donated 70 acres

11 of land to the State of New Mexico contiguous to the

12 existing 50 acres comprising Fort Sumner State

13 Monument, contingent on the funding of the Bosque

14 Redondo Memorial;

15 (9) full architectural plans and the exhibit de16 sign for the Bosque Redondo Memorial have been com17 pleted;

18 (10) the Bosque Redondo Memorial project has

19 the encouragement of the President of the Navajo Na20 tion and the President of the Mescalero Apache Tribe,

21 who have each appointed tribal members to serve as

22 project advisors;

23 (11) the Navajo Nation, the Mescalero Tribe and

24 the National Park Service are collaborating to develop

25 a symposium on the Bosque Redondo Long Walk and
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1 a curriculum for inclusion in the New Mexico school

2 curricula;

3 (12) an interpretive center would provide impor4 tant educational and enrichment opportunities for all

5 Americans; and

6 (13) Federal financial assistance is needed for

7 the construction of a Bosque Redondo Memorial.

8 (b) PURPOSES.—The purposes of this title are as fol9 lows:

10 (1) To commemorate the people who were in11 terned at Bosque Redondo.

12 (2) To pay tribute to the native populations’

13 ability to rebound from suffering, and establish the

14 strong, living communities that have long been a

15 major influence in the State of New Mexico and in

16 the United States.

17 (3) To provide Americans of all ages a place to

18 learn about the Bosque Redondo experience and how

19 it resulted in the establishment of strong American

20 Indian Nations from once divergent bands.

21 (4) To support the construction of the Bosque

22 Redondo Memorial commemorating the detention of

23 the Navajo and Mescalero Apache people at Bosque

24 Redondo from 1863 to 1868.
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1 SEC. 203. DEFINITIONS.

2 In this title:

3 (1) MEMORIAL.—The term ‘‘Memorial’’ means

4 the building and grounds known as the Bosque Re5 dondo Memorial.

6 (2) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Defense.

8 SEC. 204. BOSQUE REDONDO MEMORIAL

9 (a) ESTABLISHMENT.— Upon the request of the State

10 of New Mexico, the Secretary is authorized to establish a

11 Bosque Redondo Memorial within the boundaries of Fort

12 Sumner State Monument in New Mexico. No memorial

13 shall be established without the consent of the Navajo Nation

14 and the Mescalero Tribe.

15 (b) COMPONENTS OF THE MEMORIAL.—The memorial

16 shall include—

17 (1) exhibit space, a lobby area that represents de18 sign elements from traditional Mescalero and Navajo

19 dwellings, administrative areas that include a re20 source room, library, workrooms and offices, rest21 rooms, parking areas, sidewalks, utilities, and other

22 visitor facilities;

23 (2) a venue for public education programs; and

24 (3) a location to commemorate the Long Walk of

25 the Navajo people and the healing that has taken

26 place since that event
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1 SEC. 205. CONSTRUCTION OF MEMORIAL.

2 (a) GRANT.—

3 (1) IN GENERAL.—The Secretary may award a

4 grant to the State of New Mexico to provide up to 50

5 percent of the total cost of construction of the Memo6 rial.

7 (2) NON-FEDERAL SHARE.—The non-Federal

8 share of construction costs for the Memorial shall in9 clude funds previously expended by the State for the

10 planning and design of the Memorial, and funds pre11 viously expended by non-Federal entities for the pro12 duction of a brochure relating to the Memorial.

13 (b) REQUIREMENTS.—To be eligible to receive a grant

14 under this section, the State shall—

15 (1) submit to the Secretary a proposal that—

16 (A) provides assurances that the Memorial

17 will comply with all applicable laws, including

18 building codes and regulations; and

19 (B) includes such other information and as20 surances as the Secretary may require; and

21 (2) enter into a Memorandum of Understanding

22 with the Secretary that shall include—

23 (A) a timetable for the completion of con24 struction and the opening of the Memorial;

25 (B) assurances that construction contracts

26 will be competitively awarded;
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1 (C) assurances that the State or Village of

2 Fort Sumner will make sufficient land available

3 for the Memorial;

4 (D) the specifications of the Memorial which

5 shall comply with all applicable Federal, State,

6 and local building codes and laws;

7 (E) arrangements for the operation and

8 maintenance of the Memorial upon completion of

9 construction;

10 (F) a description of Memorial collections

11 and educational programming;

12 (G) a plan for the design of exhibits includ13 ing the collections to be exhibited, security, pres14 ervation, protection, environmental controls, and

15 presentations in accordance with professional

16 standards;

17 (H) an agreement with the Navajo Nation

18 and the Mescalero Tribe relative to the design

19 and location of the Memorial; and

20 (I) a financing plan developed by the State

21 that outlines the long-term management of the

22 Memorial, including—

23 (i) the acceptance and use of funds de24 rived from public and private sources to
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1 minimize the use of appropriated or bor2 rowed funds;

3 (ii) the payment of the operating costs

4 of the Memorial through the assessment of

5 fees or other income generated by the Memo6 rial;

7 (iii) a strategy for achieving financial

8 self-sufficiency with respect to the Memorial

9 by not later than 5 years after the date of

10 enactment of this Act; and

11 (iv) a description of the business ac12 tivities that would be permitted at the Me13 morial and appropriate vendor standards

14 that would apply.

15 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

16 (a) IN GENERAL.—There are authorized to be appro17 priated to carry out this title—

18 (1) $1,000,000 for fiscal year 2000; and

19 (2) $500,000 for each of fiscal years 2001 and

20 2002.

21 (b) CARRYOVER.—Any funds made available under

22 this section that are unexpended at the end of the fiscal

23 year for which those funds are appropriated, shall remain

24 available for use by the Secretary through September 30,
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1 2002 for the purposes for which those funds were made

2 available.