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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1658 Referred in House (RFH)]

  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.

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

SECTION 1. FINDINGS.

    Congress finds that--
            (1) there is a continuing need for reconciliation between 
        Indians and non-Indians;
            (2) the need may be met partially through the promotion of 
        the understanding of the history and culture of Sioux Indian 
        tribes;
            (3) the establishment of a Sioux Nation Tribal Supreme 
        Court will promote economic development on reservations of the 
        Sioux Nation and provide investors that contribute to that 
        development a greater degree of certainty and confidence by--
                    (A) reconciling conflicting tribal laws; and
                    (B) strengthening tribal court systems;
            (4) the reservations of the Sioux Nation--
                    (A) contain the poorest counties in the United 
                States; and
                    (B) lack adequate tools to promote economic 
                development and the creation of jobs;
            (5) the establishment of a Native American Economic 
        Development Council will assist in promoting economic growth 
        and reducing poverty on reservations of the Sioux Nation by--
                    (A) coordinating economic development efforts;
                    (B) centralizing expertise concerning Federal 
                assistance; and
                    (C) facilitating the raising of funds from private 
                donations to meet matching requirements under certain 
                Federal assistance programs;
            (6) there is a need to enhance and strengthen the capacity 
        of Indian tribal governments and tribal justice systems to 
        address conflicts which impair relationships within Indian 
        communities and between Indian and non-Indian communities and 
        individuals; and
            (7) the establishment of the National Native American 
        Mediation Training Center, with the technical assistance of 
        tribal and Federal agencies, including the Community Relations 
        Service of the Department of Justice, would enhance and 
        strengthen the mediation skills that are useful in reducing 
        tensions and resolving conflicts in Indian communities and 
        between Indian and non-Indian communities and individuals.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Sioux nation.--The term ``Sioux Nation'' means the 
        Indian tribes comprising the Sioux Nation.

                     TITLE I--RECONCILIATION CENTER

SEC. 101. RECONCILIATION CENTER.

    (a) Establishment.--The Secretary of Housing and Urban Development, 
in cooperation with the Secretary, shall establish, in accordance with 
this section, a reconciliation center, to be known as ``Reconciliation 
Place''.
    (b) Location.--Notwithstanding any other provision of law, the 
Secretary shall take into trust for the benefit of the Sioux Nation the 
parcel of land in Stanley County, South Dakota, that is described as 
``The Reconciliation Place Addition'' that is owned on the date of 
enactment of this Act by the Wakpa Sica Historical Society, Inc., for 
the purpose of establishing and operating The Reconciliation Place.
    (c) Purposes.--The purposes of Reconciliation Place shall be as 
follows:
            (1) To enhance the knowledge and understanding of the 
        history of Native Americans by--
                    (A) displaying and interpreting the history, art, 
                and culture of Indian tribes for Indians and non-
                Indians; and
                    (B) providing an accessible repository for--
                            (i) the history of Indian tribes; and
                            (ii) the family history of members of 
                        Indian tribes.
            (2) To provide for the interpretation of the encounters 
        between Lewis and Clark and the Sioux Nation.
            (3) To house the Sioux Nation Tribal Supreme Court.
            (4) To house the Native American Economic Development 
        Council.
            (5) To house the National Native American Mediation 
        Training Center to train tribal personnel in conflict 
        resolution and alternative dispute resolution.
    (d) Grant.--
            (1) In general.--The Secretary of Housing and Urban 
        Development shall offer to award a grant to the Wakpa Sica 
        Historical Society of Fort Pierre, South Dakota, for the 
        construction of Reconciliation Place.
            (2) Grant agreement.--
                    (A) In general.--As a condition to receiving the 
                grant under this subsection, the appropriate official 
                of the Wakpa Sica Historical Society shall enter into a 
                grant agreement with the Secretary of Housing and Urban 
                Development.
                    (B) Consultation.--Before entering into a grant 
                agreement under this paragraph, the Secretary of 
                Housing and Urban Development shall consult with the 
                Secretary concerning the contents of the agreement.
                    (C) Duties of the wakpa sica historical society.--
                The grant agreement under this paragraph shall specify 
                the duties of the Wakpa Sica Historical Society under 
                this section and arrangements for the maintenance of 
                Reconciliation Place.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Housing and Urban 
        Development $18,258,441, to be used for the grant under this 
        section.

SEC. 102. SIOUX NATION SUPREME COURT AND NATIONAL NATIVE AMERICAN 
              MEDIATION TRAINING CENTER.

    (a) In General.--To ensure the development and operation of the 
Sioux Nation Tribal Supreme Court and the National Native American 
Medication Training Center, the Attorney General of the United States 
shall use available funds to provide technical and financial assistance 
to the Sioux Nation.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Department of Justice 
such sums as are necessary.

         TITLE II--NATIVE AMERICAN ECONOMIC DEVELOPMENT COUNCIL

SEC. 201. ESTABLISHMENT OF NATIVE AMERICAN ECONOMIC DEVELOPMENT 
              COUNCIL.

    (a) Establishment.--There is established the Native American 
Economic Development Council (in this title referred to as the 
``Council''). The Council shall be a charitable and nonprofit 
corporation and shall not be considered to be an agency or 
establishment of the United States.
    (b) Purposes.--The purposes of the Council are--
            (1) to encourage, accept, and administer private gifts of 
        property;
            (2) to use those gifts as a source of matching funds 
        necessary to receive Federal assistance;
            (3) to provide members of Indian tribes with the skills and 
        resources necessary for establishing successful businesses;
            (4) to provide grants and loans to members of Indian tribes 
        to establish or operate small businesses;
            (5) to provide scholarships for members of Indian tribes 
        who are students pursuing an education in business or a 
        business-related subject; and
            (6) to provide technical assistance to Indian tribes and 
        members thereof in obtaining Federal assistance.

SEC. 202. BOARD OF DIRECTORS OF THE COUNCIL.

    (a) Establishment and Membership.--
            (1) In general.--The Council shall have a governing Board 
        of Directors (in this title referred to as the ``Board'').
            (2) Membership.--The Board shall consist of 11 directors, 
        who shall be appointed by the Secretary as follows:
                    (A)(i) 9 members appointed under this paragraph 
                shall represent the 9 reservations of South Dakota.
                    (ii) Each member described in clause (i) shall--
                            (I) represent 1 of the reservations 
                        described in clause (i); and
                            (II) be selected from among nominations 
                        submitted by the appropriate Indian tribe.
                    (B) 1 member appointed under this paragraph shall 
                be selected from nominations submitted by the Governor 
                of the State of South Dakota.
                    (C) 1 member appointed under this paragraph shall 
                be selected from nominations submitted by the most 
                senior member of the South Dakota Congressional 
                delegation.
            (3) Citizenship.--Each member of the Board shall be a 
        citizen of the United States.
    (b) Appointments and Terms.--
            (1) Appointment.--Not later than December 31, 2000, the 
        Secretary shall appoint the directors of the Board under 
        subsection (a)(2).
            (2) Terms.--Each director shall serve for a term of 2 
        years.
            (3) Vacancies.--A vacancy on the Board shall be filled not 
        later than 60 days after that vacancy occurs, in the manner in 
        which the original appointment was made.
            (4) Limitation on terms.--No individual may serve more than 
        3 consecutive terms as a director.
    (c) Chairman.--The Chairman shall be elected by the Board from its 
members for a term of 2 years.
    (d) Quorum.--A majority of the members of the Board shall 
constitute a quorum for the transaction of business.
    (e) Meetings.--The Board shall meet at the call of the Chairman at 
least once a year. If a director misses 3 consecutive regularly 
scheduled meetings, that individual may be removed from the Board by 
the Secretary and that vacancy filled in accordance with subsection 
(b).
    (f) Reimbursement of Expenses.--Members of the Board shall serve 
without pay, but may be reimbursed for the actual and necessary 
traveling and subsistence expenses incurred by them in the performance 
of the duties of the Council.
    (g) General Powers.--
            (1) Powers.--The Board may complete the organization of the 
        Council by--
                    (A) appointing officers and employees;
                    (B) adopting a constitution and bylaws consistent 
                with the purposes of the Council under this Act; and
                    (C) carrying out such other actions as may be 
                necessary to carry out the purposes of the Council 
                under this Act.
            (2) Effect of appointment.--Appointment to the Board shall 
        not constitute employment by, or the holding of an office of, 
        the United States for the purposes of any Federal law.
            (3) Limitations.--The following limitations shall apply 
        with respect to the appointment of officers and employees of 
        the Council:
                    (A) Officers and employees may not be appointed 
                until the Council has sufficient funds to pay them for 
                their service.
                    (B) Officers and employees of the Council--
                            (i) shall be appointed without regard to 
                        the provisions of title 5, United States Code, 
                        governing appointments in the competitive 
                        service; and
                            (ii) may be paid without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of such title relating to 
                        classification and General Schedule pay rates.
            (4) Secretary of the board.--The first officer or employee 
        appointed by the Board shall be the Secretary of the Board. The 
        Secretary of the Board shall--
                    (A) serve, at the direction of the Board, as its 
                chief operating officer; and
                    (B) be knowledgeable and experienced in matters 
                relating to economic development and Indian affairs.

SEC. 203. POWERS AND OBLIGATIONS OF THE COUNCIL.

    (a) Corporate Powers.--To carry out its purposes under section 
201(b), the Council shall have, in addition to the powers otherwise 
given it under this Act, the usual powers of a corporation acting as a 
trustee in South Dakota, including the power--
            (1) to accept, receive, solicit, hold, administer, and use 
        any gift, devise, or bequest, either absolutely or in trust, of 
        real or personal property or any income therefrom or other 
        interest therein;
            (2) to acquire by purchase or exchange any real or personal 
        property or interest therein;
            (3) unless otherwise required by the instrument of 
        transfer, to sell, donate, lease, invest, reinvest, retain, or 
        otherwise dispose of any property or income therefrom;
            (4) to borrow money and issue bonds, debentures, or other 
        debt instruments;
            (5) to sue and be sued, and complain and defend itself in 
        any court of competent jurisdiction, except that the directors 
        shall not be personally liable, except for gross negligence;
            (6) to enter into contracts or other arrangements with 
        public agencies and private organizations and persons and to 
        make such payments as may be necessary to carry out its 
        function; and
            (7) to carry out any action that is necessary and proper to 
        carry out the purposes of the Council.
    (b) Other Powers and Obligations.--
            (1) In general.--The Council--
                    (A) shall have perpetual succession;
                    (B) may conduct business throughout the several 
                States, territories, and possessions of the United 
                States and abroad;
                    (C) shall have its principal offices in South 
                Dakota; and
                    (D) shall at all times maintain a designated agent 
                authorized to accept service of process for the 
                Council.
            (2) Service of notice.--The serving of notice to, or 
        service of process upon, the agent required under paragraph 
        (1)(D), or mailed to the business address of such agent, shall 
        be deemed as service upon or notice to the Council.
    (c) Seal.--The Council shall have an official seal selected by the 
Board, which shall be judicially noticed.
    (d) Certain Interests.--If any current or future interest of a gift 
under subsection (a)(1) is for the benefit of the Council, the Council 
may accept the gift under such subsection, even if that gift is 
encumbered, restricted, or subject to beneficial interests of 1 or more 
private persons.

SEC. 204. ADMINISTRATIVE SERVICES AND SUPPORT.

    (a) Provision of Services.--The Secretary may provide personnel, 
facilities, and other administrative services to the Council, including 
reimbursement of expenses under section 202, not to exceed then current 
Federal Government per diem rates, for a period ending not later than 5 
years after the date of enactment of this Act.
    (b) Reimbursement.--
            (1) In general.--The Council may reimburse the Secretary 
        for any administrative service provided under subsection (a). 
        The Secretary shall deposit any reimbursement received under 
        this subsection into the Treasury to the credit of the 
        appropriations then current and chargeable for the cost of 
        providing such services.
            (2) Continuation of certain assistance.--Notwithstanding 
        any other provision of this section, the Secretary is 
        authorized to continue to provide facilities, and necessary 
        support services for such facilities, to the Council after the 
        date specified in subsection (a), on a space available, 
        reimbursable cost basis.

SEC. 205. VOLUNTEER STATUS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary may accept, without regard to the civil service 
classification laws, rules, or regulations, the services of the 
Council, the Board, and the officers and employees of the Board, 
without compensation from the Secretary, as volunteers in the 
performance of the functions authorized under this Act.
    (b) Incidental Expenses.--The Secretary is authorized to provide 
for incidental expenses, including transportation, lodging, and 
subsistence to the officers and employees serving as volunteers under 
subsection (a).

SEC. 206. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL 
              FOR EQUITABLE RELIEF.

    (a) Audits.--The Council shall be subject to auditing and reporting 
requirements under section 10101 of title 36, United States Code, in 
the same manner as is a corporation under part B of that title.
    (b) Report.--As soon as practicable after the end of each fiscal 
year, the Council shall transmit to Congress a report of its 
proceedings and activities during such year, including a full and 
complete statement of its receipts, expenditures, and investments.
    (c) Relief With Respect to Certain Council Acts or Failure To 
Act.--If the Council--
            (1) engages in, or threatens to engage in, any act, 
        practice, or policy that is inconsistent with the purposes of 
        the Council under section 201(b); or
            (2) refuses, fails, or neglects to discharge the 
        obligations of the Council under this Act, or threatens to do 
        so;
then the Attorney General of the United States may petition in the 
United States District Court for the District of Columbia for such 
equitable relief as may be necessary or appropriate.

SEC. 207. UNITED STATES RELEASE FROM LIABILITY.

    The United States shall not be liable for any debts, defaults, 
acts, or omissions of the Council. The full faith and credit of the 
United States shall not extend to any obligation of the Council.

SEC. 208. GRANTS TO COUNCIL; TECHNICAL ASSISTANCE.

    (a) Grants.--
            (1) In general.--Not less frequently than annually, the 
        Secretary shall award a grant to the Council, to be used to 
        carry out the purposes specified in section 201(b) in 
        accordance with this section.
            (2) Grant agreements.--As a condition to receiving a grant 
        under this section, the secretary of the Board, with the 
        approval of the Board, shall enter into an agreement with the 
        Secretary that specifies the duties of the Council in carrying 
        out the grant and the information that is required to be 
        included in the agreement under paragraphs (3) and (4).
            (3) Matching requirements.--Each agreement entered into 
        under paragraph (2) shall specify that the Federal share of a 
        grant under this section shall be 80 percent of the cost of the 
        activities funded under the grant. No amount may be made 
        available to the Council for a grant under this section, unless 
        the Council has raised an amount from private persons and State 
        and local government agencies equivalent to the non-Federal 
        share of the grant.
            (4) Prohibition on the use of federal funds for 
        administrative expenses.--Each agreement entered into under 
        paragraph (2) shall specify that a reasonable amount of the 
        Federal funds made available to the Council (under the grant 
        that is the subject of the agreement or otherwise), but in no 
        event more that 15 percent of such funds, may be used by the 
        Council for administrative expenses of the Council, including 
        salaries, travel and transportation expenses, and other 
        overhead expenses.
    (b) Technical Assistance.--
            (1) In general.--Each agency head listed in paragraph (2) 
        shall provide to the Council such technical assistance as may 
        be necessary for the Council to carry out the purposes 
        specified in section 201(b).
            (2) Agency heads.--The agency heads listed in this 
        paragraph are as follows:
                    (A) The Secretary of Housing and Urban Development.
                    (B) The Secretary of the Interior.
                    (C) The Commissioner of Indian Affairs.
                    (D) The Assistant Secretary for Economic 
                Development of the Department of Commerce.
                    (E) The Administrator of the Small Business 
                Administration.
                    (F) The Administrator of the Rural Development 
                Administration.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to the 
Department of the Interior, $10,000,000 for each of fiscal years 2002, 
2003, 2004, 2005, and 2006, to be used in accordance with section 208.
    (b) Additional Authorization.--The amounts authorized to be 
appropriated under this section are in addition to any amounts provided 
or available to the Council under any other provision of Federal law.

            Passed the Senate September 26 (legislative day, September 
      22), 2000.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
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