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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 382 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 382

    To establish a Wounded Knee National Tribal Park, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             February 9 (legislative day, January 30), 1995

 Mr. Daschle (for himself, Mr. Pressler, Mr. Campbell, Mr. Simon, Mr. 
  Pell, and Mr. Dorgan) introduced the following bill; which was read 
         twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL

 
    To establish a Wounded Knee National Tribal Park, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wounded Knee National Tribal Park 
Establishment Act of 1995''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) in December of 1890, approximately 350 to 375 Sioux 
        men, women, and children under the leadership of Chief Big Foot 
        journeyed from the Cheyenne River Indian Reservation to the 
        Pine Ridge Indian Reservation at the invitation of Chief Red 
        Cloud to help make peace between the non-Indians and Indians;
            (2) the journey of Chief Big Foot and his band of 
        Minneconjou Sioux occurred during the Ghost Dance Religion 
        period when extreme hostility existed between Sioux Indians and 
        non-Indians residing near the Sioux reservations, and the 
        United States Army assumed control of the Sioux reservations;
            (3) Chief Big Foot and his band were intercepted on the 
        Pine Ridge Indian Reservation at Porcupine Butte by Major 
        Whitside, surrendered unconditionally under a white flag of 
        truce, and were escorted to Wounded Knee Creek, where Colonel 
        Forsyth assumed command;
            (4) on December 29, 1890, an incident occurred in which 
        soldiers under the command of General Forsyth killed and 
        wounded over 300 members of the band of Chief Big Foot, most 
        all of whom were unarmed and entitled to protection of their 
        rights to property, person, and life under Federal law;
            (5) the 1890 Wounded Knee Massacre is a historically 
        significant event because the event marks the last military 
        encounter of the Indian wars period of the 19th century;
            (6) in S. Con. Res. 153 (101st Cong., 2d Sess.), Congress 
        apologized to the Sioux people for the 1890 Massacre;
            (7)(A) paragraph (2) of such concurrent resolution provides 
        that Congress ``expresses its support for the establishment of 
        a suitable and appropriate Memorial to those who were so 
        tragically slain at Wounded Knee which could inform the 
        American public of the historic significance of the events at 
        Wounded Knee and accurately portray the heroic and courageous 
        campaign waged by the Sioux people to preserve and protect 
        their lands and their way of life during this period''; and
            (B) paragraph (3) of such concurrent resolution provides 
        that Congress ``expresses its commitment to acknowledge and 
        learn from our history, including the Wounded Knee Massacre, in 
        order to provide a proper foundation for building an ever more 
        humane, enlightened, and just society for the future'';
            (8) the Wounded Knee Massacre site, and sites relating to 
        the 1890 Wounded Knee Massacre and Ghost Dance Religion on the 
        Cheyenne River Indian Reservation and Pine Ridge Indian 
        Reservation, are nationally significant cultural and historic 
        sites that must be protected through the designation of the 
        sites as a national tribal park; and
            (9) the Wounded Knee Massacre is a nationally significant 
        event that must be memorialized by establishing suitable and 
        appropriate memorials to the Indian victims of the Massacre, 
        located on the Cheyenne River Indian Reservation and Pine Ridge 
        Indian Reservation.
    (b) Purposes.--The purposes of this Act are to--
            (1) establish the Wounded Knee National Tribal Park 
        consisting of--
                    (A) sites relating to the 1890 Wounded Knee 
                Massacre and Ghost Dance Religion located on the 
                Cheyenne River Indian Reservation; and
                    (B) the 1890 Wounded Knee Massacre Site and sites 
                relating to the Massacre and Ghost Dance Religion 
                located on the Pine Ridge Indian Reservation;
            (2) establish suitable and appropriate national monuments 
        within both units of the Wounded Knee National Tribal Park to 
        memorialize the Indian victims of the 1890 Wounded Knee 
        Massacre; and
            (3) authorize feasibility studies to--
                    (A) establish the route of Chief Big Foot from the 
                Cheyenne River Indian Reservation to Wounded Knee as a 
                national historic trail; and
                    (B) establish a visitor information and orientation 
                center on the Cheyenne River Indian Reservation.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Commission.--The term ``Commission'' means the Wounded 
        Knee National Tribal Park Advisory Commission established under 
        section 8(a).
            (2) North unit.--The term ``North Unit'' means the area of 
        the Park comprised of the sites referred to in section 
        2(b)(1)(A).
            (3) Park.--The term ``Park'' means the Wounded Knee 
        National Tribal Park established under section 4.
            (4) Real property.--For the purposes of this Act, the term 
        ``real property'' includes lands, and all mineral rights, water 
        rights, easements, permanent structures, and fixtures on such 
        lands.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) South unit.--The term ``South Unit'' means the area of 
        the Park comprised of the sites referred to in section 
        2(b)(1)(B).

SEC. 4. ESTABLISHMENT OF WOUNDED KNEE NATIONAL TRIBAL PARK.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish a national 
        tribal park to be known as the ``Wounded Knee National Tribal 
        Park'', as generally described in the third alternative of the 
        report completed by the National Park Service entitled ``Draft 
        Study of Alternatives, Environmental Assessment, Wounded Knee, 
        South Dakota,'' and dated January 1993, and as more 
        particularly described in this Act.
            (2) Area included in park.--The Wounded Knee National 
        Tribal Park shall consist of--
                    (A) a North Unit that may include--
                            (i) such sites relating to the 1890 Wounded 
                        Knee Massacre and Ghost Dance Religion, 
                        including the campsite of Chief Big Foot at 
                        Deep Creek, as the Cheyenne River Sioux Tribe, 
                        in consultation with the Director of the 
                        National Park Service, considers necessary to 
                        include in such unit;
                            (ii) a cultural center and museum complex;
                            (iii) projects described in section 
                        9(b)(2); and
                            (iv) a suitable and appropriate national 
                        monument to memorialize Chief Big Foot and his 
                        band of Minneconjou Sioux; and
                    (B) a South Unit that may include--
                            (i) the 1890 Wounded Knee Massacre site, as 
                        generally described in the 1990 boundaries 
                        studies authorized by the National Park 
                        Service, and such other sites relating to the 
                        1890 Wounded Knee Massacre and Ghost Dance 
                        Religion as the Oglala Sioux Tribe, in 
                        consultation with the Director of the National 
                        Park Service, considers necessary to include in 
                        such Unit;
                            (ii) a cultural center and museum complex 
                        at or near the Wounded Knee Massacre site;
                            (iii) projects described in section 
                        9(b)(2); and
                            (iv) a suitable and appropriate national 
                        monument to memorialize the Sioux
                        Indians involved in the 1890 Wounded Knee 
                        Massacre.
    (b) Cooperative Agreements.--
            (1) In general.--The Secretary shall enter into a 
        cooperative agreement with each of the Cheyenne River Sioux 
        Tribe with respect to the North Unity, and Oglala Sioux Tribe 
        with respect to the South Unit to carry out planning, design, 
        construction, operation, maintenance, and replacement 
        activities, as appropriate, for the units.
            (2) Requirements for cooperative agreements.--A cooperative 
        agreement entered into under paragraph (1) shall set forth, in 
        a manner acceptable to the Secretary--
                    (A)(i) the responsibilities of the parties referred 
                to in paragraph (1) with respect to the North Unit and 
                the South Unit; and
                    (ii) the manner in which contracts to carry out 
                such activities will be administered;
                    (B) the procedures and requirements for the 
                approval and acceptance of the design of, and 
                construction of the North Unit and South Unit;
                    (C) such Federal management policies described in 
                the publication entitled ``Management Policies, U.S. 
                Department of the Interior, National Park Service, 
                1988'' as the Secretary considers necessary to qualify 
                both units of the Park for affiliation;
                    (D) a general management plan for each unit of the 
                Park that shall include plans--
                            (i) to protect and preserve the religious 
                        sanctity of the Wounded Knee Massacre site and 
                        other religious sites located within each unit;
                            (ii) to restore the Wounded Knee Massacre 
                        site, and other important historic sites 
                        located within the units, to the original 
                        condition of the sites at the time of the 
                        Massacre, including the removal of all 
                        buildings and structures that have no 
                        historical significance;
                            (iii) for the enactment of tribal zoning 
                        ordinances to protect areas surrounding each 
                        unit from commercial development and 
                        exploitation;
                            (iv) for the implementation of a continuing 
                        program of public involvement, interpretation, 
                        and visitor education concerning Lakota Sioux 
                        history and culture within each unit;
                            (v) to protect, interpret, and preserve 
                        important archaological and paleontological 
                        sites within each unit;
                            (vi) for visitor use facilities, and the 
                        training and employing of tribal members within 
                        each unit, as provided in subsection (e); and
                            (vii) to waive or require entrance fees at 
                        the Wounded Knee Massacre site; and
                    (E) the role and responsibilities of the Advisory 
                Commission established under section 8(a) in relation 
                to both units.
    (c) Title.--
            (1) Property acquired for the north unit.--Title to all 
        real property acquired for the North Unit of the Wounded Knee 
        National Tribal Park shall be held in trust by the United 
        States for the Cheyenne River Sioux Tribe.
            (2) Property acquired for the south unit.--Title to all 
        real property acquired in the South Unit of the Wounded Knee 
        National Tribal Park shall be held in trust by the United 
        States for the Oglala Sioux Tribe.
    (d) Technical Assistance.--
            (1) In general.--The Secretary may provide technical 
        assistance to the Cheyenne River Sioux Tribe and Oglala Sioux 
        Tribe for carrying out the activities described in subsection 
        (b)(1).
            (2) Training.--In addition to providing the assistance 
        described in paragraph (1), the Secretary may train and employ 
        members of the tribes concerning the operation and maintenance 
        of both units, including training in--
                    (A) the provision of public services, management of 
                visitor use facilities, interpretation and visitor 
                education on Sioux history and culture, and artifact 
                curation at both units; and
                    (B) the interpretation, management, protection, and 
                preservation of other historical and natural properties 
                at both units.
    (e) Application of the Indian Self-Determination Act.--Except as 
otherwise provided in this Act, the activities described in subsection 
(b)(1) shall be subject to the Indian Self-Determination Act (25 U.S.C. 
450f et seq.).

SEC. 5. ACQUISITION OF LANDS FOR WOUNDED KNEE NATIONAL TRIBAL PARK.

    (a) In General.--The Cheyenne River Sioux Tribe and Oglala Sioux 
Tribe may acquire by purchase from a willing seller, by gift or devise, 
by exchange, or in other manner--
            (1) surface and subsurface rights to any tract of fee-
        patented or trust land; or
            (2) easements that cover such lands,
that those tribes, in consultation with the Secretary, consider 
necessary for inclusion in the North Unit or the South Unit of the 
Wounded Knee National Tribal Park.
    (b) Financial Assistance.--The Secretary may provide financial 
assistance to the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe 
to acquire land and any interest in land or other real property that is 
necessary for a unit of the Park.

SEC. 6. MANAGEMENT.

    (a) Management of North Unit.--
            (1) In general.--The Cheyenne River Sioux Tribe, or a 
        designated agency or authority of that tribe, shall operate, 
        maintain, and manage the North Unit pursuant to the terms and 
        conditions contained in a cooperative agreement between the 
        Secretary and the Cheyenne River Sioux Tribe entered into by 
        the Secretary and the tribe pursuant to section 4(b).
            (2) Exclusion.--The Cheyenne River Sioux Tribe shall have 
        no jurisdiction or authority over the South Unit.
    (b) Management of South Unit.--
            (1) In general.--The Oglala Sioux Tribe, or a designated 
        agency or authority of such tribe, shall operate, maintain, and 
        manage the South Unit pursuant to the terms and conditions 
        contained in a cooperative agreement between the Secretary and 
        the Oglala Sioux Tribe entered into by the Secretary and the 
        tribe pursuant to section 4(b).
            (2) Exclusion.--The Oglala Sioux Tribe shall have no 
        jurisdiction or authority over the North Unit.

SEC. 7. PLANNING AND DESIGN OF NATIONAL MONUMENTS; FEASIBILITY STUDIES.

    (a) Monuments.--
            (1) In general.--Except as provided in paragraph (2), the 
        national monuments on the North Unit and South Unit authorized 
        by subparagraphs (A)(iv) and (B)(iv) of section 4(a)(2) shall 
        be planned, designed, and constructed by the Secretary, after 
        consultation with an advisory committee that the Secretary 
        shall appoint in consultation with--
                    (A) the Wounded Knee Survivors Association of the 
                Cheyenne River Indian Reservation;
                    (B) the Wounded Knee Survivors Association of the 
                Pine Ridge Indian Reservation; and
                    (C) direct descendants of the band of Minneconjou 
                Sioux of Chief Big Foot.
            (2) Authority of the cheyenne river sioux tribal council 
        and the oglala sioux tribal council.--(A) The Cheyenne River 
        Sioux Tribal Council and the Oglala Sioux Tribal Council shall 
        have no authority to plan and design the monuments referred to 
        in paragraph (1).
            (B) The Cheyenne River Sioux Tribal Council and the Oglala 
        Sioux Tribal Council shall have the authority to enter into 
        contracts for the construction, operation, maintenance, and 
        replacement of the monuments under the Indian Self-
        Determination Act (25 U.S.C. 450f et seq.).
    (b) Feasibility Studies.--
            (1) In general.--The Secretary shall complete feasibility 
        studies to--
                    (A) establish and mark the route taken by Chief Big 
                Foot and his band from the Cheyenne River Indian 
                Reservation to Wounded Knee as a national historic 
                trail; and
                    (B) establish a visitor information and orientation 
                center on the Cheyenne River Indian Reservation.
            (2) Report.--Not later than 1 year after funds are 
        initially made available to the Secretary for a feasibility 
        study conducted under this subsection, the Secretary shall 
        complete the study and submit a report that contains the 
        findings of the study to Congress.

SEC. 8. WOUNDED KNEE NATIONAL TRIBAL PARK ADVISORY COMMISSION.

    (a) In General.--There is established within the Department of the 
Interior the Wounded Knee National Tribal Park Advisory Commission. The 
Commission shall advise regularly the Cheyenne River Sioux Tribe and 
Oglala Sioux Tribe, or any designated agency or authority of either 
tribe, concerning the management and administration of the North Unit 
and South Unit.
    (b) Role and Responsibilities.--The role and responsibilities of 
the Commission shall be defined in the cooperative agreements that the 
Secretary shall enter into with the Cheyenne Sioux Tribe and Oglala 
Sioux Tribe under section 4(b). The Cheyenne River Sioux Tribe and 
Oglala Sioux Tribe, or any designated agency or authority of either 
such tribe, shall consult with the Commission not less frequently than 
4 times each year.
    (c) Period of Operation.--The Commission shall exist for such time 
as either the North Unit or the South Unit is in existence.
    (d) Membership.--The Secretary shall appoint 17 members of the 
Commission. In addition, the Director of the National Park Service or a 
designee of the Director shall serve as an ex-officio member of the 
Commission. The Secretary shall appoint the members of the Commission 
after consulting with, and soliciting a recommendation from each of the 
following:
            (1) The Chairman of the Cheyenne River Sioux Tribe.
            (2) The President of the Oglala Sioux Tribe.
            (3) The Chairman of the Wounded Knee Community Council on 
        the Pine Ridge Indian Reservation.
            (4) The Chairman of the Wounded Knee Subcommunity Council 
        on the Pine Ridge Indian Reservation.
            (5) The Chairman of the White Clay Community Council on the 
        Pine Ridge Indian Reservation.
            (6) The Chairman of District No. 3 on the Cheyenne River 
        Indian Reservation.
            (7) The Chairman of Red Scaffold Community on the Cheyenne 
        River Indian Reservation.
            (8) The Chairman of Cherry Creek Community on the Cheyenne 
        River Reservation.
            (9) The Chairman of Bridger Community on the Cheyenne River 
        Reservation.
            (10) The Chairman of the Board of Directors of the Oglala 
        Sioux Parks and Recreation Authority.
            (11) The President of the Wounded Knee Survivors 
        Association of the Cheyenne River Indian Reservation.
            (12) The President of the Wounded Knee Survivors 
        Association of the Pine Ridge Indian Reservation.
            (13) The Secretary of the Smithsonian Institution.
            (14)(i) The Governor of the State of South Dakota and the 
        historic preservation officer of such State.
            (ii) The Governor of the State of Nebraska and the historic 
        preservation officer of such State.
    (e) Chair.--The offices of Chairman and Vice Chairman of the 
Commission shall be rotated between the Chairman of the Cheyenne River 
Sioux Tribe (or a designated representative of the Chairman) and the 
President of the Oglala Sioux Tribe (or a designated representative of 
the President) on a year-to-year basis. If both the Chairman and Vice 
Chairman are absent from any meeting, the members of the Commission who 
are present at the meeting shall select a member who is present to 
serve in the place of the Chairman for the meeting.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairman or a majority of its members. In a manner consistent with the 
public meeting requirements of the Federal Advisory Committee Act (5 
U.S.C. App.), the Commission shall from time to time meet with persons 
concerned with Park issues relating to the North Unit or South Unit. 
The Commission shall record all minutes and resolutions of the 
Commission and make such records available to the public upon request.
    (g) Administrative Director.--
            (1) In general.--The Secretary, in consultation with the 
        Commission, shall employ an Administrative Director for the 
        Commission and define the duties of the Administrative 
        Director. The Administrative Director shall be paid at a rate 
        not to exceed the annual rate of basic pay payable for grade 
        GS-12 of the General Schedule under subchapter IV of chapter 53 
        of title 5, United States Code, without regard to--
                    (A) the provisions of title 5, United States Code, 
                governing appointments in the competitive service; and
                    (B) the provisions of chapter 51, and subchapter 
                III of chapter 52 of that title relating to 
                classification and General Schedule pay rates.
            (2) Office.--The office and staff of the Administrative 
        Director shall be located at such location as the Secretary 
        considers appropriate.
    (h) Support Services.--The Administrator of General Services shall 
provide to the Commission, on a nonreimbursable basis, such 
administrative support services as the Commission, in consultation with 
the Secretary, may request.
    (i) Expenses.--Members of the Commission who are not otherwise 
employed by the Federal Government, while away from their homes or 
regular places of business in the performance of services for the 
Commission, shall be allowed travel and all other related expenses, 
including per diem in lieu of subsistence, in the same manner as 
persons employed intermittently in Government service are allowed 
expenses under section 5703 of title 5, United States Code.
    (j) Applicability of Federal Advisory Act.--Except with respect to 
any requirement for reissuance of a charter, and except as otherwise 
provided in this Act, the provisions of the Federal Advisory Committee 
Act (5 U.S.C. App.) shall apply to the Commission established under 
this Act.

SEC. 9. FUNDRAISER AGREEMENTS WITH NONPROFIT CORPORATIONS.

    (a) In General.--Notwithstanding any other provision of law, the 
Cheyenne River Sioux Tribe and the Oglala Sioux Tribe, or a designated 
agency or authority of either tribe, may, with the approval of the 
Secretary, enter into an agreement with a nonprofit corporation to 
raise funds from private sources to be used in lieu of, or supplement, 
any Federal funds made available by appropriations pursuant to the 
authorization under section 11.
    (b) New Projects.--The Cheyenne River Sioux Tribe and the Oglala 
Sioux Tribe, or a designated agency or authority of either tribe, shall 
have the power and authority to enter into a separate agreement with a 
nonprofit corporation to--
            (1) raise funds from private sources to pay for all 
        obligations, costs, and fees for professional services 
        contracted, incurred, or assumed by the tribe, or a designated 
        agency or authority of the tribe, that are related, directly or 
        indirectly, to the development or establishment of the Park; 
        and
            (2) raise funds from private sources to plan, design, 
        construct, operate, maintain, and replace--
                    (A) an international amphitheater dedicated to the 
                Indigenous Peoples of the Americas to be located at or 
                near the Wounded Knee Massacre site, which, if 
                constructed, shall become the permanent home of the 
                Francis Jansen sculpture; and
                    (B) any other project that the Cheyenne River Sioux 
                Tribe or the Oglala Sioux Tribe may, in consultation 
                with the Secretary, choose to include within the North 
                Unit or South Unit.

SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.

    The appropriate official of any Federal entity that conducts or 
supports activities that directly affect the Park shall consult with 
the Secretary and the Cheyenne River Sioux Tribe and the Oglala Sioux 
Tribe with respect to such activities to minimize any adverse effects 
on the Park.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 12. RULE OF STATUTORY CONSTRUCTION.

    Nothing contained in this Act is intended to abrogate, modify, or 
impair any rights or claims of the Cheyenne River Sioux Tribe or Oglala 
Sioux Tribe, that are based on any treaty, Executive order, agreement, 
Act of Congress, or other legal basis.
                                 <all>
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S 382 IS----3
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