IA

106TH CONGRESS

2D SESSION S. 1658

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 2000

Referred to the Committee on Resources

AN ACT

To authorize the construction of a Reconciliation Place in

Fort Pierre, South Dakota, 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,
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1 SECTION 1. FINDINGS.

2 Congress finds that—

3 (1) there is a continuing need for reconciliation

4 between Indians and non-Indians;

5 (2) the need may be met partially through the

6 promotion of the understanding of the history and

7 culture of Sioux Indian tribes;

8 (3) the establishment of a Sioux Nation Tribal

9 Supreme Court will promote economic development

10 on reservations of the Sioux Nation and provide in11 vestors that contribute to that development a greater

12 degree of certainty and confidence by—

13 (A) reconciling conflicting tribal laws; and

14 (B) strengthening tribal court systems;

15 (4) the reservations of the Sioux Nation—

16 (A) contain the poorest counties in the

17 United States; and

18 (B) lack adequate tools to promote eco19 nomic development and the creation of jobs;

20 (5) the establishment of a Native American

21 Economic Development Council will assist in pro22 moting economic growth and reducing poverty on

23 reservations of the Sioux Nation by—

24 (A) coordinating economic development ef25 forts;
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1 (B) centralizing expertise concerning Fed2 eral assistance; and

3 (C) facilitating the raising of funds from

4 private donations to meet matching require5 ments under certain Federal assistance pro6 grams;

7 (6) there is a need to enhance and strengthen

8 the capacity of Indian tribal governments and tribal

9 justice systems to address conflicts which impair re10 lationships within Indian communities and between

11 Indian and non-Indian communities and individuals;

12 and

13 (7) the establishment of the National Native

14 American Mediation Training Center, with the tech15 nical assistance of tribal and Federal agencies, in16 cluding the Community Relations Service of the De17 partment of Justice, would enhance and strengthen

18 the mediation skills that are useful in reducing ten19 sions and resolving conflicts in Indian communities

20 and between Indian and non-Indian communities

21 and individuals.

22 SEC. 2. DEFINITIONS.

23 In this Act:

24 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

25 has the meaning given that term in section 4(e) of
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1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 450b(e)).

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

4 the Secretary of the Interior.

5 (3) SIOUX NATION.—The term ‘‘Sioux Nation’’

6 means the Indian tribes comprising the Sioux Na7 tion.

8 TITLE I—RECONCILIATION

9 CENTER

10 SEC. 101. RECONCILIATION CENTER.

11 (a) ESTABLISHMENT.—The Secretary of Housing

12 and Urban Development, in cooperation with the Sec13 retary, shall establish, in accordance with this section, a

14 reconciliation center, to be known as ‘‘Reconciliation

15 Place’’.

16 (b) LOCATION.—Notwithstanding any other provision

17 of law, the Secretary shall take into trust for the benefit

18 of the Sioux Nation the parcel of land in Stanley County,

19 South Dakota, that is described as ‘‘The Reconciliation

20 Place Addition’’ that is owned on the date of enactment

21 of this Act by the Wakpa Sica Historical Society, Inc.,

22 for the purpose of establishing and operating The Rec23 onciliation Place.

24 (c) PURPOSES.—The purposes of Reconciliation

25 Place shall be as follows:
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1 (1) To enhance the knowledge and under2 standing of the history of Native Americans by—

3 (A) displaying and interpreting the history,

4 art, and culture of Indian tribes for Indians

5 and non-Indians; and

6 (B) providing an accessible repository

7 for—

8 (i) the history of Indian tribes; and

9 (ii) the family history of members of

10 Indian tribes.

11 (2) To provide for the interpretation of the en12 counters between Lewis and Clark and the Sioux

13 Nation.

14 (3) To house the Sioux Nation Tribal Supreme

15 Court.

16 (4) To house the Native American Economic

17 Development Council.

18 (5) To house the National Native American Me19 diation Training Center to train tribal personnel in

20 conflict resolution and alternative dispute resolution.

21 (d) GRANT.—

22 (1) IN GENERAL.—The Secretary of Housing

23 and Urban Development shall offer to award a grant

24 to the Wakpa Sica Historical Society of Fort Pierre,
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1 South Dakota, for the construction of Reconciliation

2 Place.

3 (2) GRANT AGREEMENT.—

4 (A) IN GENERAL.—As a condition to re5 ceiving the grant under this subsection, the ap6 propriate official of the Wakpa Sica Historical

7 Society shall enter into a grant agreement with

8 the Secretary of Housing and Urban Develop9 ment.

10 (B) CONSULTATION.—Before entering into

11 a grant agreement under this paragraph, the

12 Secretary of Housing and Urban Development

13 shall consult with the Secretary concerning the

14 contents of the agreement.

15 (C) DUTIES OF THE WAKPA SICA HISTOR16 ICAL SOCIETY.—The grant agreement under

17 this paragraph shall specify the duties of the

18 Wakpa Sica Historical Society under this sec19 tion and arrangements for the maintenance of

20 Reconciliation Place.

21 (3) AUTHORIZATION OF APPROPRIATIONS.—

22 There are authorized to be appropriated to the De23 partment of Housing and Urban Development

24 $18,258,441, to be used for the grant under this

25 section.
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1 SEC. 102. SIOUX NATION SUPREME COURT AND NATIONAL

2 NATIVE AMERICAN MEDIATION TRAINING

3 CENTER.

4 (a) IN GENERAL.—To ensure the development and

5 operation of the Sioux Nation Tribal Supreme Court and

6 the National Native American Medication Training Cen7 ter, the Attorney General of the United States shall use

8 available funds to provide technical and financial assist9 ance to the Sioux Nation.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry

11 out this section, there are authorized to be appropriated

12 to the Department of Justice such sums as are necessary.

13 TITLE II—NATIVE AMERICAN

14 ECONOMIC DEVELOPMENT

15 COUNCIL

16 SEC. 201. ESTABLISHMENT OF NATIVE AMERICAN ECO17 NOMIC DEVELOPMENT COUNCIL.

18 (a) ESTABLISHMENT.—There is established the Na19 tive American Economic Development Council (in this title

20 referred to as the ‘‘Council’’). The Council shall be a char21 itable and nonprofit corporation and shall not be consid22 ered to be an agency or establishment of the United

23 States.

24 (b) PURPOSES.—The purposes of the Council are—

25 (1) to encourage, accept, and administer private

26 gifts of property;
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1 (2) to use those gifts as a source of matching

2 funds necessary to receive Federal assistance;

3 (3) to provide members of Indian tribes with

4 the skills and resources necessary for establishing

5 successful businesses;

6 (4) to provide grants and loans to members of

7 Indian tribes to establish or operate small busi8 nesses;

9 (5) to provide scholarships for members of In10 dian tribes who are students pursuing an education

11 in business or a business-related subject; and

12 (6) to provide technical assistance to Indian

13 tribes and members thereof in obtaining Federal as14 sistance.

15 SEC. 202. BOARD OF DIRECTORS OF THE COUNCIL.

16 (a) ESTABLISHMENT AND MEMBERSHIP.—

17 (1) IN GENERAL.—The Council shall have a

18 governing Board of Directors (in this title referred

19 to as the ‘‘Board’’).

20 (2) MEMBERSHIP.—The Board shall consist of

21 11 directors, who shall be appointed by the Sec22 retary as follows:

23 (A)(i) 9 members appointed under this

24 paragraph shall represent the 9 reservations of

25 South Dakota.
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1 (ii) Each member described in clause (i)

2 shall—

3 (I) represent 1 of the reservations de4 scribed in clause (i); and

5 (II) be selected from among nomina6 tions submitted by the appropriate Indian

7 tribe.

8 (B) 1 member appointed under this para9 graph shall be selected from nominations sub10 mitted by the Governor of the State of South

11 Dakota.

12 (C) 1 member appointed under this para13 graph shall be selected from nominations sub14 mitted by the most senior member of the South

15 Dakota Congressional delegation.

16 (3) CITIZENSHIP.—Each member of the Board

17 shall be a citizen of the United States.

18 (b) APPOINTMENTS AND TERMS.—

19 (1) APPOINTMENT.—Not later than December

20 31, 2000, the Secretary shall appoint the directors

21 of the Board under subsection (a)(2).

22 (2) TERMS.—Each director shall serve for a

23 term of 2 years.

24 (3) VACANCIES.—A vacancy on the Board shall

25 be filled not later than 60 days after that vacancy
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1 occurs, in the manner in which the original appoint2 ment was made.

3 (4) LIMITATION ON TERMS.—No individual may

4 serve more than 3 consecutive terms as a director.

5 (c) CHAIRMAN.—The Chairman shall be elected by

6 the Board from its members for a term of 2 years.

7 (d) QUORUM.—A majority of the members of the

8 Board shall constitute a quorum for the transaction of

9 business.

10 (e) MEETINGS.—The Board shall meet at the call of

11 the Chairman at least once a year. If a director misses

12 3 consecutive regularly scheduled meetings, that individual

13 may be removed from the Board by the Secretary and that

14 vacancy filled in accordance with subsection (b).

15 (f) REIMBURSEMENT OF EXPENSES.—Members of

16 the Board shall serve without pay, but may be reimbursed

17 for the actual and necessary traveling and subsistence ex18 penses incurred by them in the performance of the duties

19 of the Council.

20 (g) GENERAL POWERS.—

21 (1) POWERS.—The Board may complete the or22 ganization of the Council by—

23 (A) appointing officers and employees;
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1 (B) adopting a constitution and bylaws

2 consistent with the purposes of the Council

3 under this Act; and

4 (C) carrying out such other actions as may

5 be necessary to carry out the purposes of the

6 Council under this Act.

7 (2) EFFECT OF APPOINTMENT.—Appointment

8 to the Board shall not constitute employment by, or

9 the holding of an office of, the United States for the

10 purposes of any Federal law.

11 (3) LIMITATIONS.—The following limitations

12 shall apply with respect to the appointment of offi13 cers and employees of the Council:

14 (A) Officers and employees may not be ap15 pointed until the Council has sufficient funds to

16 pay them for their service.

17 (B) Officers and employees of the

18 Council—

19 (i) shall be appointed without regard

20 to the provisions of title 5, United States

21 Code, governing appointments in the com22 petitive service; and

23 (ii) may be paid without regard to the

24 provisions of chapter 51 and subchapter

25 III of chapter 53 of such title relating to
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1 classification and General Schedule pay

2 rates.

3 (4) SECRETARY OF THE BOARD.—The first offi4 cer or employee appointed by the Board shall be the

5 Secretary of the Board. The Secretary of the Board

6 shall—

7 (A) serve, at the direction of the Board, as

8 its chief operating officer; and

9 (B) be knowledgeable and experienced in

10 matters relating to economic development and

11 Indian affairs.

12 SEC. 203. POWERS AND OBLIGATIONS OF THE COUNCIL.

13 (a) CORPORATE POWERS.—To carry out its purposes

14 under section 201(b), the Council shall have, in addition

15 to the powers otherwise given it under this Act, the usual

16 powers of a corporation acting as a trustee in South Da17 kota, including the power—

18 (1) to accept, receive, solicit, hold, administer,

19 and use any gift, devise, or bequest, either absolutely

20 or in trust, of real or personal property or any in21 come therefrom or other interest therein;

22 (2) to acquire by purchase or exchange any real

23 or personal property or interest therein;

24 (3) unless otherwise required by the instrument

25 of transfer, to sell, donate, lease, invest, reinvest, re-
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1 tain, or otherwise dispose of any property or income

2 therefrom;

3 (4) to borrow money and issue bonds, deben4 tures, or other debt instruments;

5 (5) to sue and be sued, and complain and de6 fend itself in any court of competent jurisdiction, ex7 cept that the directors shall not be personally liable,

8 except for gross negligence;

9 (6) to enter into contracts or other arrange10 ments with public agencies and private organizations

11 and persons and to make such payments as may be

12 necessary to carry out its function; and

13 (7) to carry out any action that is necessary

14 and proper to carry out the purposes of the Council.

15 (b) OTHER POWERS AND OBLIGATIONS.—

16 (1) IN GENERAL.—The Council—

17 (A) shall have perpetual succession;

18 (B) may conduct business throughout the

19 several States, territories, and possessions of

20 the United States and abroad;

21 (C) shall have its principal offices in South

22 Dakota; and

23 (D) shall at all times maintain a des24 ignated agent authorized to accept service of

25 process for the Council.
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1 (2) SERVICE OF NOTICE.—The serving of notice

2 to, or service of process upon, the agent required

3 under paragraph (1)(D), or mailed to the business

4 address of such agent, shall be deemed as service

5 upon or notice to the Council.

6 (c) SEAL.—The Council shall have an official seal se7 lected by the Board, which shall be judicially noticed.

8 (d) CERTAIN INTERESTS.—If any current or future

9 interest of a gift under subsection (a)(1) is for the benefit

10 of the Council, the Council may accept the gift under such

11 subsection, even if that gift is encumbered, restricted, or

12 subject to beneficial interests of 1 or more private persons.

13 SEC. 204. ADMINISTRATIVE SERVICES AND SUPPORT.

14 (a) PROVISION OF SERVICES.—The Secretary may

15 provide personnel, facilities, and other administrative serv16 ices to the Council, including reimbursement of expenses

17 under section 202, not to exceed then current Federal

18 Government per diem rates, for a period ending not later

19 than 5 years after the date of enactment of this Act.

20 (b) REIMBURSEMENT.—

21 (1) IN GENERAL.—The Council may reimburse

22 the Secretary for any administrative service provided

23 under subsection (a). The Secretary shall deposit

24 any reimbursement received under this subsection

25 into the Treasury to the credit of the appropriations
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1 then current and chargeable for the cost of providing

2 such services.

3 (2) CONTINUATION OF CERTAIN ASSISTANCE.—

4 Notwithstanding any other provision of this section,

5 the Secretary is authorized to continue to provide fa6 cilities, and necessary support services for such fa7 cilities, to the Council after the date specified in

8 subsection (a), on a space available, reimbursable

9 cost basis.

10 SEC. 205. VOLUNTEER STATUS.

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, the Secretary may accept, without regard to

13 the civil service classification laws, rules, or regulations,

14 the services of the Council, the Board, and the officers

15 and employees of the Board, without compensation from

16 the Secretary, as volunteers in the performance of the

17 functions authorized under this Act.

18 (b) INCIDENTAL EXPENSES.—The Secretary is au19 thorized to provide for incidental expenses, including

20 transportation, lodging, and subsistence to the officers and

21 employees serving as volunteers under subsection (a).
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1 SEC. 206. AUDITS, REPORT REQUIREMENTS, AND PETITION

2 OF ATTORNEY GENERAL FOR EQUITABLE RE3 LIEF.

4 (a) AUDITS.—The Council shall be subject to audit5 ing and reporting requirements under section 10101 of

6 title 36, United States Code, in the same manner as is

7 a corporation under part B of that title.

8 (b) REPORT.—As soon as practicable after the end

9 of each fiscal year, the Council shall transmit to Congress

10 a report of its proceedings and activities during such year,

11 including a full and complete statement of its receipts, ex12 penditures, and investments.

13 (c) RELIEF WITH RESPECT TO CERTAIN COUNCIL

14 ACTS OR FAILURE TO ACT.—If the Council—

15 (1) engages in, or threatens to engage in, any

16 act, practice, or policy that is inconsistent with the

17 purposes of the Council under section 201(b); or

18 (2) refuses, fails, or neglects to discharge the

19 obligations of the Council under this Act, or threat20 ens to do so;

21 then the Attorney General of the United States may peti22 tion in the United States District Court for the District

23 of Columbia for such equitable relief as may be necessary

24 or appropriate.
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1 SEC. 207. UNITED STATES RELEASE FROM LIABILITY.

2 The United States shall not be liable for any debts,

3 defaults, acts, or omissions of the Council. The full faith

4 and credit of the United States shall not extend to any

5 obligation of the Council.

6 SEC. 208. GRANTS TO COUNCIL; TECHNICAL ASSISTANCE.

7 (a) GRANTS.—

8 (1) IN GENERAL.—Not less frequently than an9 nually, the Secretary shall award a grant to the

10 Council, to be used to carry out the purposes speci11 fied in section 201(b) in accordance with this sec12 tion.

13 (2) GRANT AGREEMENTS.—As a condition to

14 receiving a grant under this section, the secretary of

15 the Board, with the approval of the Board, shall

16 enter into an agreement with the Secretary that

17 specifies the duties of the Council in carrying out

18 the grant and the information that is required to be

19 included in the agreement under paragraphs (3) and

20 (4).

21 (3) MATCHING REQUIREMENTS.—Each agree22 ment entered into under paragraph (2) shall specify

23 that the Federal share of a grant under this section

24 shall be 80 percent of the cost of the activities fund25 ed under the grant. No amount may be made avail26 able to the Council for a grant under this section,
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1 unless the Council has raised an amount from pri2 vate persons and State and local government agen3 cies equivalent to the non-Federal share of the

4 grant.

5 (4) PROHIBITION ON THE USE OF FEDERAL

6 FUNDS FOR ADMINISTRATIVE EXPENSES.—Each

7 agreement entered into under paragraph (2) shall

8 specify that a reasonable amount of the Federal

9 funds made available to the Council (under the

10 grant that is the subject of the agreement or other11 wise), but in no event more that 15 percent of such

12 funds, may be used by the Council for administrative

13 expenses of the Council, including salaries, travel

14 and transportation expenses, and other overhead ex15 penses.

16 (b) TECHNICAL ASSISTANCE.—

17 (1) IN GENERAL.—Each agency head listed in

18 paragraph (2) shall provide to the Council such tech19 nical assistance as may be necessary for the Council

20 to carry out the purposes specified in section 201(b).

21 (2) AGENCY HEADS.—The agency heads listed

22 in this paragraph are as follows:

23 (A) The Secretary of Housing and Urban

24 Development.

25 (B) The Secretary of the Interior.
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1 (C) The Commissioner of Indian Affairs.

2 (D) The Assistant Secretary for Economic

3 Development of the Department of Commerce.

4 (E) The Administrator of the Small Busi5 ness Administration.

6 (F) The Administrator of the Rural Devel7 opment Administration.

8 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

9 (a) AUTHORIZATION.—There are authorized to be ap10 propriated to the Department of the Interior, $10,000,000

11 for each of fiscal years 2002, 2003, 2004, 2005, and 2006,

12 to be used in accordance with section 208.

13 (b) ADDITIONAL AUTHORIZATION.—The amounts

14 authorized to be appropriated under this section are in

15 addition to any amounts provided or available to the Coun16 cil under any other provision of Federal law.

Passed the Senate September 26 (legislative day,

September 22), 2000.

Attest: GARY SISCO,

Secretary.