II

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.

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 ‘‘Wounded Knee Na5 tional Tribal Park Establishment Act of 1995’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—

8 (1) in December of 1890, approximately 350 to

9 375 Sioux men, women, and children under the lead10 ership of Chief Big Foot journeyed from the Chey-
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1 enne River Indian Reservation to the Pine Ridge In2 dian Reservation at the invitation of Chief Red

3 Cloud to help make peace between the non-Indians

4 and Indians;

5 (2) the journey of Chief Big Foot and his band

6 of Minneconjou Sioux occurred during the Ghost

7 Dance Religion period when extreme hostility existed

8 between Sioux Indians and non-Indians residing

9 near the Sioux reservations, and the United States

10 Army assumed control of the Sioux reservations;

11 (3) Chief Big Foot and his band were inter12 cepted on the Pine Ridge Indian Reservation at Por13 cupine Butte by Major Whitside, surrendered uncon14 ditionally under a white flag of truce, and were es15 corted to Wounded Knee Creek, where Colonel

16 Forsyth assumed command;

17 (4) on December 29, 1890, an incident occurred

18 in which soldiers under the command of General

19 Forsyth killed and wounded over 300 members of

20 the band of Chief Big Foot, most all of whom were

21 unarmed and entitled to protection of their rights to

22 property, person, and life under Federal law;

23 (5) the 1890 Wounded Knee Massacre is a his24 torically significant event because the event marks
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1 the last military encounter of the Indian wars period

2 of the 19th century;

3 (6) in S. Con. Res. 153 (101st Cong., 2d

4 Sess.), Congress apologized to the Sioux people for

5 the 1890 Massacre;

6 (7)(A) paragraph (2) of such concurrent resolu7 tion provides that Congress ‘‘expresses its support

8 for the establishment of a suitable and appropriate

9 Memorial to those who were so tragically slain at

10 Wounded Knee which could inform the American

11 public of the historic significance of the events at

12 Wounded Knee and accurately portray the heroic

13 and courageous campaign waged by the Sioux people

14 to preserve and protect their lands and their way of

15 life during this period’’; and

16 (B) paragraph (3) of such concurrent resolution

17 provides that Congress ‘‘expresses its commitment to

18 acknowledge and learn from our history, including

19 the Wounded Knee Massacre, in order to provide a

20 proper foundation for building an ever more hu21 mane, enlightened, and just society for the future’’;

22 (8) the Wounded Knee Massacre site, and sites

23 relating to the 1890 Wounded Knee Massacre and

24 Ghost Dance Religion on the Cheyenne River Indian

25 Reservation and Pine Ridge Indian Reservation, are
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1 nationally significant cultural and historic sites that

2 must be protected through the designation of the

3 sites as a national tribal park; and

4 (9) the Wounded Knee Massacre is a nationally

5 significant event that must be memorialized by es6 tablishing suitable and appropriate memorials to the

7 Indian victims of the Massacre, located on the Chey8 enne River Indian Reservation and Pine Ridge In9 dian Reservation.

10 (b) PURPOSES.—The purposes of this Act are to—

11 (1) establish the Wounded Knee National Trib12 al Park consisting of—

13 (A) sites relating to the 1890 Wounded

14 Knee Massacre and Ghost Dance Religion lo15 cated on the Cheyenne River Indian Reserva16 tion; and

17 (B) the 1890 Wounded Knee Massacre

18 Site and sites relating to the Massacre and

19 Ghost Dance Religion located on the Pine Ridge

20 Indian Reservation;

21 (2) establish suitable and appropriate national

22 monuments within both units of the Wounded Knee

23 National Tribal Park to memorialize the Indian vic24 tims of the 1890 Wounded Knee Massacre; and

25 (3) authorize feasibility studies to—
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1 (A) establish the route of Chief Big Foot

2 from the Cheyenne River Indian Reservation to

3 Wounded Knee as a national historic trail; and

4 (B) establish a visitor information and ori5 entation center on the Cheyenne River Indian

6 Reservation.

7 SEC. 3. DEFINITIONS.

8 As used in this Act:

9 (1) COMMISSION.—The term ‘‘Commission’’

10 means the Wounded Knee National Tribal Park Ad11 visory Commission established under section 8(a).

12 (2) NORTH UNIT.—The term ‘‘North Unit’’

13 means the area of the Park comprised of the sites

14 referred to in section 2(b)(1)(A).

15 (3) PARK.—The term ‘‘Park’’ means the

16 Wounded Knee National Tribal Park established

17 under section 4.

18 (4) REAL PROPERTY.—For the purposes of this

19 Act, the term ‘‘real property’’ includes lands, and all

20 mineral rights, water rights, easements, permanent

21 structures, and fixtures on such lands.

22 (5) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of the Interior.
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1 (6) SOUTH UNIT.—The term ‘‘South Unit’’

2 means the area of the Park comprised of the sites

3 referred to in section 2(b)(1)(B).

4 SEC. 4. ESTABLISHMENT OF WOUNDED KNEE NATIONAL

5 TRIBAL PARK.

6 (a) ESTABLISHMENT.—

7 (1) IN GENERAL.—The Secretary shall establish

8 a national tribal park to be known as the ‘‘Wounded

9 Knee National Tribal Park’’, as generally described

10 in the third alternative of the report completed by

11 the National Park Service entitled ‘‘Draft Study of

12 Alternatives, Environmental Assessment, Wounded

13 Knee, South Dakota,’’ and dated January 1993, and

14 as more particularly described in this Act.

15 (2) AREA INCLUDED IN PARK.—The Wounded

16 Knee National Tribal Park shall consist of—

17 (A) a North Unit that may include—

18 (i) such sites relating to the 1890

19 Wounded Knee Massacre and Ghost Dance

20 Religion, including the campsite of Chief

21 Big Foot at Deep Creek, as the Cheyenne

22 River Sioux Tribe, in consultation with the

23 Director of the National Park Service, con24 siders necessary to include in such unit;
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1 (ii) a cultural center and museum

2 complex;

3 (iii) projects described in section

4 9(b)(2); and

5 (iv) a suitable and appropriate na6 tional monument to memorialize Chief Big

7 Foot and his band of Minneconjou Sioux;

8 and

9 (B) a South Unit that may include—

10 (i) the 1890 Wounded Knee Massacre

11 site, as generally described in the 1990

12 boundaries studies authorized by the Na13 tional Park Service, and such other sites

14 relating to the 1890 Wounded Knee Mas15 sacre and Ghost Dance Religion as the Og16 lala Sioux Tribe, in consultation with the

17 Director of the National Park Service, con18 siders necessary to include in such Unit;

19 (ii) a cultural center and museum

20 complex at or near the Wounded Knee

21 Massacre site;

22 (iii) projects described in section

23 9(b)(2); and

24 (iv) a suitable and appropriate na25 tional monument to memorialize the Sioux
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1 Indians involved in the 1890 Wounded

2 Knee Massacre.

3 (b) COOPERATIVE AGREEMENTS.—

4 (1) IN GENERAL.—The Secretary shall enter

5 into a cooperative agreement with each of the Chey6 enne River Sioux Tribe with respect to the North

7 Unity, and Oglala Sioux Tribe with respect to the

8 South Unit to carry out planning, design, construc9 tion, operation, maintenance, and replacement activi10 ties, as appropriate, for the units.

11 (2) REQUIREMENTS FOR COOPERATIVE AGREE12 MENTS.—A cooperative agreement entered into

13 under paragraph (1) shall set forth, in a manner ac14 ceptable to the Secretary—

15 (A)(i) the responsibilities of the parties re16 ferred to in paragraph (1) with respect to the

17 North Unit and the South Unit; and

18 (ii) the manner in which contracts to carry

19 out such activities will be administered;

20 (B) the procedures and requirements for

21 the approval and acceptance of the design of,

22 and construction of the North Unit and South

23 Unit;

24 (C) such Federal management policies de25 scribed in the publication entitled ‘‘Management
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1 Policies, U.S. Department of the Interior, Na2 tional Park Service, 1988’’ as the Secretary

3 considers necessary to qualify both units of the

4 Park for affiliation;

5 (D) a general management plan for each

6 unit of the Park that shall include plans—

7 (i) to protect and preserve the reli8 gious sanctity of the Wounded Knee Mas9 sacre site and other religious sites located

10 within each unit;

11 (ii) to restore the Wounded Knee

12 Massacre site, and other important historic

13 sites located within the units, to the origi14 nal condition of the sites at the time of the

15 Massacre, including the removal of all

16 buildings and structures that have no his17 torical significance;

18 (iii) for the enactment of tribal zoning

19 ordinances to protect areas surrounding

20 each unit from commercial development

21 and exploitation;

22 (iv) for the implementation of a con23 tinuing program of public involvement, in24 terpretation, and visitor education concern-
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1 ing Lakota Sioux history and culture with2 in each unit;

3 (v) to protect, interpret, and preserve

4 important archaological and paleontological

5 sites within each unit;

6 (vi) for visitor use facilities, and the

7 training and employing of tribal members

8 within each unit, as provided in subsection

9 (e); and

10 (vii) to waive or require entrance fees

11 at the Wounded Knee Massacre site; and

12 (E) the role and responsibilities of the Ad13 visory Commission established under section

14 8(a) in relation to both units.

15 (c) TITLE.—

16 (1) PROPERTY ACQUIRED FOR THE NORTH

17 UNIT.—Title to all real property acquired for the

18 North Unit of the Wounded Knee National Tribal

19 Park shall be held in trust by the United States for

20 the Cheyenne River Sioux Tribe.

21 (2) PROPERTY ACQUIRED FOR THE SOUTH

22 UNIT.—Title to all real property acquired in the

23 South Unit of the Wounded Knee National Tribal

24 Park shall be held in trust by the United States for

25 the Oglala Sioux Tribe.
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1 (d) TECHNICAL ASSISTANCE.—

2 (1) IN GENERAL.—The Secretary may provide

3 technical assistance to the Cheyenne River Sioux

4 Tribe and Oglala Sioux Tribe for carrying out the

5 activities described in subsection (b)(1).

6 (2) TRAINING.—In addition to providing the as7 sistance described in paragraph (1), the Secretary

8 may train and employ members of the tribes con9 cerning the operation and maintenance of both

10 units, including training in—

11 (A) the provision of public services, man12 agement of visitor use facilities, interpretation

13 and visitor education on Sioux history and cul14 ture, and artifact curation at both units; and

15 (B) the interpretation, management, pro16 tection, and preservation of other historical and

17 natural properties at both units.

18 (e) APPLICATION OF THE INDIAN SELF-DETERMINA19 TION ACT.—Except as otherwise provided in this Act, the

20 activities described in subsection (b)(1) shall be subject

21 to the Indian Self-Determination Act (25 U.S.C. 450f et

22 seq.).
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1 SEC. 5. ACQUISITION OF LANDS FOR WOUNDED KNEE NA2 TIONAL TRIBAL PARK.

3 (a) IN GENERAL.—The Cheyenne River Sioux Tribe

4 and Oglala Sioux Tribe may acquire by purchase from a

5 willing seller, by gift or devise, by exchange, or in other

6 manner—

7 (1) surface and subsurface rights to any tract

8 of fee-patented or trust land; or

9 (2) easements that cover such lands,

10 that those tribes, in consultation with the Secretary, con11 sider necessary for inclusion in the North Unit or the

12 South Unit of the Wounded Knee National Tribal Park.

13 (b) FINANCIAL ASSISTANCE.—The Secretary may

14 provide financial assistance to the Cheyenne River Sioux

15 Tribe and the Oglala Sioux Tribe to acquire land and any

16 interest in land or other real property that is necessary

17 for a unit of the Park.

18 SEC. 6. MANAGEMENT.

19 (a) MANAGEMENT OF NORTH UNIT.—

20 (1) IN GENERAL.—The Cheyenne River Sioux

21 Tribe, or a designated agency or authority of that

22 tribe, shall operate, maintain, and manage the North

23 Unit pursuant to the terms and conditions contained

24 in a cooperative agreement between the Secretary

25 and the Cheyenne River Sioux Tribe entered into by

26 the Secretary and the tribe pursuant to section 4(b).
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1 (2) EXCLUSION.—The Cheyenne River Sioux

2 Tribe shall have no jurisdiction or authority over the

3 South Unit.

4 (b) MANAGEMENT OF SOUTH UNIT.—

5 (1) IN GENERAL.—The Oglala Sioux Tribe, or

6 a designated agency or authority of such tribe, shall

7 operate, maintain, and manage the South Unit pur8 suant to the terms and conditions contained in a co9 operative agreement between the Secretary and the

10 Oglala Sioux Tribe entered into by the Secretary

11 and the tribe pursuant to section 4(b).

12 (2) EXCLUSION.—The Oglala Sioux Tribe shall

13 have no jurisdiction or authority over the North

14 Unit.

15 SEC. 7. PLANNING AND DESIGN OF NATIONAL MONU16 MENTS; FEASIBILITY STUDIES.

17 (a) MONUMENTS.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), the national monuments on the North

20 Unit and South Unit authorized by subparagraphs

21 (A)(iv) and (B)(iv) of section 4(a)(2) shall be

22 planned, designed, and constructed by the Secretary,

23 after consultation with an advisory committee that

24 the Secretary shall appoint in consultation with—
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1 (A) the Wounded Knee Survivors Associa2 tion of the Cheyenne River Indian Reservation;

3 (B) the Wounded Knee Survivors Associa4 tion of the Pine Ridge Indian Reservation; and

5 (C) direct descendants of the band of

6 Minneconjou Sioux of Chief Big Foot.

7 (2) AUTHORITY OF THE CHEYENNE RIVER

8 SIOUX TRIBAL COUNCIL AND THE OGLALA SIOUX

9 TRIBAL COUNCIL.—(A) The Cheyenne River Sioux

10 Tribal Council and the Oglala Sioux Tribal Council

11 shall have no authority to plan and design the

12 monuments referred to in paragraph (1).

13 (B) The Cheyenne River Sioux Tribal Council

14 and the Oglala Sioux Tribal Council shall have the

15 authority to enter into contracts for the construc16 tion, operation, maintenance, and replacement of the

17 monuments under the Indian Self-Determination Act

18 (25 U.S.C. 450f et seq.).

19 (b) FEASIBILITY STUDIES.—

20 (1) IN GENERAL.—The Secretary shall complete

21 feasibility studies to—

22 (A) establish and mark the route taken by

23 Chief Big Foot and his band from the Chey24 enne River Indian Reservation to Wounded

25 Knee as a national historic trail; and
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1 (B) establish a visitor information and ori2 entation center on the Cheyenne River Indian

3 Reservation.

4 (2) REPORT.—Not later than 1 year after

5 funds are initially made available to the Secretary

6 for a feasibility study conducted under this sub7 section, the Secretary shall complete the study and

8 submit a report that contains the findings of the

9 study to Congress.

10 SEC. 8. WOUNDED KNEE NATIONAL TRIBAL PARK ADVI11 SORY COMMISSION.

12 (a) IN GENERAL.—There is established within the

13 Department of the Interior the Wounded Knee National

14 Tribal Park Advisory Commission. The Commission shall

15 advise regularly the Cheyenne River Sioux Tribe and Og16 lala Sioux Tribe, or any designated agency or authority

17 of either tribe, concerning the management and adminis18 tration of the North Unit and South Unit.

19 (b) ROLE AND RESPONSIBILITIES.—The role and re20 sponsibilities of the Commission shall be defined in the

21 cooperative agreements that the Secretary shall enter into

22 with the Cheyenne Sioux Tribe and Oglala Sioux Tribe

23 under section 4(b). The Cheyenne River Sioux Tribe and

24 Oglala Sioux Tribe, or any designated agency or authority
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1 of either such tribe, shall consult with the Commission not

2 less frequently than 4 times each year.

3 (c) PERIOD OF OPERATION.—The Commission shall

4 exist for such time as either the North Unit or the South

5 Unit is in existence.

6 (d) MEMBERSHIP.—The Secretary shall appoint 17

7 members of the Commission. In addition, the Director of

8 the National Park Service or a designee of the Director

9 shall serve as an ex-officio member of the Commission.

10 The Secretary shall appoint the members of the Commis11 sion after consulting with, and soliciting a recommenda12 tion from each of the following:

13 (1) The Chairman of the Cheyenne River Sioux

14 Tribe.

15 (2) The President of the Oglala Sioux Tribe.

16 (3) The Chairman of the Wounded Knee Com17 munity Council on the Pine Ridge Indian Reserva18 tion.

19 (4) The Chairman of the Wounded Knee

20 Subcommunity Council on the Pine Ridge Indian

21 Reservation.

22 (5) The Chairman of the White Clay Commu23 nity Council on the Pine Ridge Indian Reservation.

24 (6) The Chairman of District No. 3 on the

25 Cheyenne River Indian Reservation.
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1 (7) The Chairman of Red Scaffold Community

2 on the Cheyenne River Indian Reservation.

3 (8) The Chairman of Cherry Creek Community

4 on the Cheyenne River Reservation.

5 (9) The Chairman of Bridger Community on

6 the Cheyenne River Reservation.

7 (10) The Chairman of the Board of Directors

8 of the Oglala Sioux Parks and Recreation Authority.

9 (11) The President of the Wounded Knee Sur10 vivors Association of the Cheyenne River Indian

11 Reservation.

12 (12) The President of the Wounded Knee Sur13 vivors Association of the Pine Ridge Indian Reserva14 tion.

15 (13) The Secretary of the Smithsonian Institu16 tion.

17 (14)(i) The Governor of the State of South Da18 kota and the historic preservation officer of such

19 State.

20 (ii) The Governor of the State of Nebraska and

21 the historic preservation officer of such State.

22 (e) CHAIR.—The offices of Chairman and Vice Chair23 man of the Commission shall be rotated between the

24 Chairman of the Cheyenne River Sioux Tribe (or a des25 ignated representative of the Chairman) and the President
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1 of the Oglala Sioux Tribe (or a designated representative

2 of the President) on a year-to-year basis. If both the

3 Chairman and Vice Chairman are absent from any meet4 ing, the members of the Commission who are present at

5 the meeting shall select a member who is present to serve

6 in the place of the Chairman for the meeting.

7 (f) MEETINGS.—The Commission shall meet at the

8 call of the Chairman or a majority of its members. In a

9 manner consistent with the public meeting requirements

10 of the Federal Advisory Committee Act (5 U.S.C. App.),

11 the Commission shall from time to time meet with persons

12 concerned with Park issues relating to the North Unit or

13 South Unit. The Commission shall record all minutes and

14 resolutions of the Commission and make such records

15 available to the public upon request.

16 (g) ADMINISTRATIVE DIRECTOR.—

17 (1) IN GENERAL.—The Secretary, in consulta18 tion with the Commission, shall employ an Adminis19 trative Director for the Commission and define the

20 duties of the Administrative Director. The Adminis21 trative Director shall be paid at a rate not to exceed

22 the annual rate of basic pay payable for grade GS–

23 12 of the General Schedule under subchapter IV of

24 chapter 53 of title 5, United States Code, without

25 regard to—
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1 (A) the provisions of title 5, United States

2 Code, governing appointments in the competi3 tive service; and

4 (B) the provisions of chapter 51, and sub5 chapter III of chapter 52 of that title relating

6 to classification and General Schedule pay

7 rates.

8 (2) OFFICE.—The office and staff of the Ad9 ministrative Director shall be located at such loca10 tion as the Secretary considers appropriate.

11 (h) SUPPORT SERVICES.—The Administrator of Gen12 eral Services shall provide to the Commission, on a

13 nonreimbursable basis, such administrative support serv14 ices as the Commission, in consultation with the Secretary,

15 may request.

16 (i) EXPENSES.—Members of the Commission who are

17 not otherwise employed by the Federal Government, while

18 away from their homes or regular places of business in

19 the performance of services for the Commission, shall be

20 allowed travel and all other related expenses, including per

21 diem in lieu of subsistence, in the same manner as persons

22 employed intermittently in Government service are allowed

23 expenses under section 5703 of title 5, United States

24 Code.
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1 (j) APPLICABILITY OF FEDERAL ADVISORY ACT.—

2 Except with respect to any requirement for reissuance of

3 a charter, and except as otherwise provided in this Act,

4 the provisions of the Federal Advisory Committee Act (5

5 U.S.C. App.) shall apply to the Commission established

6 under this Act.

7 SEC. 9. FUNDRAISER AGREEMENTS WITH NONPROFIT COR8 PORATIONS.

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, the Cheyenne River Sioux Tribe and the Og11 lala Sioux Tribe, or a designated agency or authority of

12 either tribe, may, with the approval of the Secretary, enter

13 into an agreement with a nonprofit corporation to raise

14 funds from private sources to be used in lieu of, or supple15 ment, any Federal funds made available by appropriations

16 pursuant to the authorization under section 11.

17 (b) NEW PROJECTS.—The Cheyenne River Sioux

18 Tribe and the Oglala Sioux Tribe, or a designated agency

19 or authority of either tribe, shall have the power and au20 thority to enter into a separate agreement with a nonprofit

21 corporation to—

22 (1) raise funds from private sources to pay for

23 all obligations, costs, and fees for professional serv24 ices contracted, incurred, or assumed by the tribe, or

25 a designated agency or authority of the tribe, that
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1 are related, directly or indirectly, to the development

2 or establishment of the Park; and

3 (2) raise funds from private sources to plan, de4 sign, construct, operate, maintain, and replace—

5 (A) an international amphitheater dedi6 cated to the Indigenous Peoples of the Americas

7 to be located at or near the Wounded Knee

8 Massacre site, which, if constructed, shall be9 come the permanent home of the Francis Jan10 sen sculpture; and

11 (B) any other project that the Cheyenne

12 River Sioux Tribe or the Oglala Sioux Tribe

13 may, in consultation with the Secretary, choose

14 to include within the North Unit or South Unit.

15 SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.

16 The appropriate official of any Federal entity that

17 conducts or supports activities that directly affect the

18 Park shall consult with the Secretary and the Cheyenne

19 River Sioux Tribe and the Oglala Sioux Tribe with respect

20 to such activities to minimize any adverse effects on the

21 Park.

22 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated such sums

24 as may be necessary to carry out this Act.
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1 SEC. 12. RULE OF STATUTORY CONSTRUCTION.

2 Nothing contained in this Act is intended to abrogate,

3 modify, or impair any rights or claims of the Cheyenne

4 River Sioux Tribe or Oglala Sioux Tribe, that are based

5 on any treaty, Executive order, agreement, Act of Con6 gress, or other legal basis.

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