II

Calendar No. 745

106TH CONGRESS

2D SESSION S. 1658

[Report No. 106–368]

To authorize the construction of a Reconciliation Place in Fort Pierre, South

Dakota, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 29, 1999

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

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

AUGUST 25, 2000

Reported under authority of the order of the Senate of July 26, 2000, by Mr.

CAMPBELL, with an amendment

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

A BILL

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,

3 SECTION 1. FINDINGS.

4 Congress finds that—
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1 (1) there is a continuing need for reconciliation

2 between Indians and non-Indians;

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

4 promotion of the understanding of the history and

5 culture of Sioux Indian tribes;

6 (3) the establishment of a Sioux Nation Tribal

7 Supreme Court will promote economic development

8 on reservations of the Sioux Nation and provide in9 vestors that contribute to that development a greater

10 degree of certainty and confidence by—

11 (A) reconciling conflicting tribal laws; and

12 (B) strengthening tribal court systems;

13 (4) the reservations of the Sioux Nation—

14 (A) contain the poorest counties in the

15 United States; and

16 (B) lack adequate tools to promote eco17 nomic development and the creation of jobs;

18 and

19 (5) the establishment of a Native American

20 Economic Development Council will assist in pro21 moting economic growth and reducing poverty on

22 reservations of the Sioux Nation by—

23 (A) coordinating economic development ef24 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 SEC. 2. DEFINITIONS.

8 In this Act:

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

10 has the meaning given that term in section 4(e) of

11 the Indian Self-Determination and Education Assist12 ance Act (25 U.S.C. 450b(e)).

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

14 the Secretary of the Interior.

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

16 means the Indian tribes comprising the Sioux Na17 tion.

18 TITLE I—RECONCILIATION

19 CENTER

20 SEC. 101. RECONCILIATION CENTER.

21 (a) ESTABLISHMENT.—The Secretary of Housing

22 and Urban Development, in cooperation with the Sec23 retary, shall establish, in accordance with this section, a

24 reconciliation center, to be known as ‘‘Reconciliation

25 Place’’.
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1 (b) PURPOSES.—The purposes of Reconciliation

2 Place shall be as follows:

3 (1) To enhance the knowledge and under4 standing of the history of Native Americans by—

5 (A) displaying and interpreting the history,

6 art, and culture of Indian tribes for Indians

7 and non-Indians; and

8 (B) providing an accessible repository

9 for—

10 (i) the history of Indian tribes; and

11 (ii) the family history of members of

12 Indian tribes.

13 (2) To provide for the interpretation of the en14 counters between Lewis and Clark and the Sioux

15 Nation.

16 (3) To house the Sioux Nation Tribal Supreme

17 Court.

18 (4) To house the Native American Economic

19 Development Council.

20 (c) GRANT.—

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

22 and Urban Development shall offer to award a grant

23 to the Wakpa Sica Historical Society of Fort Pierre,

24 South Dakota, for the construction of Reconciliation

25 Place.
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1 (2) GRANT AGREEMENT.—

2 (A) IN GENERAL.—As a condition to re3 ceiving the grant under this subsection, the ap4 propriate official of the Wakpa Sica Historical

5 Society shall enter into a grant agreement with

6 the Secretary of Housing and Urban Develop7 ment.

8 (B) CONSULTATION.—Before entering into

9 a grant agreement under this paragraph, the

10 Secretary of Housing and Urban Development

11 shall consult with the Secretary concerning the

12 contents of the agreement.

13 (C) DUTIES OF THE WAKPA SICA HISTOR14 ICAL SOCIETY.—The grant agreement under

15 this paragraph shall specify the duties of the

16 Wakpa Sica Historical Society under this sec17 tion and arrangements for the maintenance of

18 Reconciliation Place.

19 (3) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated to the De21 partment of Housing and Urban Development

22 $17,258,441, to be used for the grant under this

23 section.
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1 SEC. 102. SIOUX NATION TRIBAL COURT.

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

3 operation of the Sioux Nation Tribal Supreme Court, the

4 Attorney General of the United States shall provide such

5 technical and financial assistance to the Sioux Nation as

6 is necessary.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry

8 out this section, there are authorized to be appropriated

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

10 TITLE II—NATIVE AMERICAN

11 ECONOMIC DEVELOPMENT

12 COUNCIL

13 SEC. 201. ESTABLISHMENT OF NATIVE AMERICAN ECO14 NOMIC DEVELOPMENT COUNCIL.

15 (a) ESTABLISHMENT.—There is established the Na16 tive American Economic Development Council (in this title

17 referred to as the ‘‘Council’’). The Council shall be a char18 itable and nonprofit corporation and shall not be consid19 ered to be an agency or establishment of the United

20 States.

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

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

23 gifts of property;

24 (2) to use those gifts as a source of matching

25 funds necessary to receive Federal assistance;
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1 (3) to provide members of Indian tribes with

2 the skills and resources necessary for establishing

3 successful businesses;

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

5 Indian tribes to establish or operate small busi6 nesses;

7 (5) to provide scholarships for members of In8 dian tribes who are students pursuing an education

9 in business or a business-related subject; and

10 (6) to provide technical assistance to Indian

11 tribes and members thereof in obtaining Federal as12 sistance.

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

14 (a) ESTABLISHMENT AND MEMBERSHIP.—

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

16 governing Board of Directors (in this title referred

17 to as the ‘‘Board’’).

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

19 11 directors, who shall be appointed by the Sec20 retary as follows:

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

22 paragraph shall represent the 9 reservations of

23 South Dakota.

24 (ii) Each member described in clause (i)

25 shall—
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1 (I) represent 1 of the reservations de2 scribed in clause (i); and

3 (II) be selected from among nomina4 tions submitted by the appropriate Indian

5 tribe.

6 (B) 1 member appointed under this para7 graph shall be selected from nominations sub8 mitted by the Governor of the State of South

9 Dakota.

10 (C) 1 member appointed under this para11 graph shall be selected from nominations sub12 mitted by the most senior member of the South

13 Dakota Congressional delegation.

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

15 shall be a citizen of the United States.

16 (b) APPOINTMENTS AND TERMS.—

17 (1) APPOINTMENT.—Not later than December

18 31, 2000, the Secretary shall appoint the directors

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

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

21 term of 2 years.

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

23 be filled not later than 60 days after that vacancy

24 occurs, in the manner in which the original appoint25 ment was made.
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1 (4) LIMITATION ON TERMS.—No individual may

2 serve more than 3 consecutive terms as a director.

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

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

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

6 Board shall constitute a quorum for the transaction of

7 business.

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

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

10 3 consecutive regularly scheduled meetings, that individual

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

12 vacancy filled in accordance with subsection (b).

13 (f) REIMBURSEMENT OF EXPENSES.—Members of

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

15 for the actual and necessary traveling and subsistence ex16 penses incurred by them in the performance of the duties

17 of the Council.

18 (g) GENERAL POWERS.—

19 (1) POWERS.—The Board may complete the or20 ganization of the Council by—

21 (A) appointing officers and employees;

22 (B) adopting a constitution and bylaws

23 consistent with the purposes of the Council

24 under this Act; and
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1 (C) carrying out such other actions as may

2 be necessary to carry out the purposes of the

3 Council under this Act.

4 (2) EFFECT OF APPOINTMENT.—Appointment

5 to the Board shall not constitute employment by, or

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

7 purposes of any Federal law.

8 (3) LIMITATIONS.—The following limitations

9 shall apply with respect to the appointment of offi10 cers and employees of the Council:

11 (A) Officers and employees may not be ap12 pointed until the Council has sufficient funds to

13 pay them for their service.

14 (B) Officers and employees of the

15 Council—

16 (i) shall be appointed without regard

17 to the provisions of title 5, United States

18 Code, governing appointments in the com19 petitive service; and

20 (ii) may be paid without regard to the

21 provisions of chapter 51 and subchapter

22 III of chapter 53 of such title relating to

23 classification and General Schedule pay

24 rates.
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1 (4) SECRETARY OF THE BOARD.—The first offi2 cer or employee appointed by the Board shall be the

3 Secretary of the Board. The Secretary of the Board

4 shall—

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

6 its chief operating officer; and

7 (B) be knowledgeable and experienced in

8 matters relating to economic development and

9 Indian affairs.

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

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

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

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

14 powers of a corporation acting as a trustee in South Da15 kota, including the power—

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

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

18 or in trust, of real or personal property or any in19 come therefrom or other interest therein;

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

21 or personal property or interest therein;

22 (3) unless otherwise required by the instrument

23 of transfer, to sell, donate, lease, invest, reinvest, re24 tain, or otherwise dispose of any property or income

25 therefrom;
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1 (4) to borrow money and issue bonds, deben2 tures, or other debt instruments;

3 (5) to sue and be sued, and complain and de4 fend itself in any court of competent jurisdiction, ex5 cept that the directors shall not be personally liable,

6 except for gross negligence;

7 (6) to enter into contracts or other arrange8 ments with public agencies and private organizations

9 and persons and to make such payments as may be

10 necessary to carry out its function; and

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

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

13 (b) OTHER POWERS AND OBLIGATIONS.—

14 (1) IN GENERAL.—The Council—

15 (A) shall have perpetual succession;

16 (B) may conduct business throughout the

17 several States, territories, and possessions of

18 the United States and abroad;

19 (C) shall have its principal offices in South

20 Dakota; and

21 (D) shall at all times maintain a des22 ignated agent authorized to accept service of

23 process for the Council.

24 (2) SERVICE OF NOTICE.—The serving of notice

25 to, or service of process upon, the agent required
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1 under paragraph (1)(D), or mailed to the business

2 address of such agent, shall be deemed as service

3 upon or notice to the Council.

4 (c) SEAL.—The Council shall have an official seal se5 lected by the Board, which shall be judicially noticed.

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

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

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

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

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

11 SEC. 204. ADMINISTRATIVE SERVICES AND SUPPORT.

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

13 provide personnel, facilities, and other administrative serv14 ices to the Council, including reimbursement of expenses

15 under section 202, not to exceed then current Federal

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

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

18 (b) REIMBURSEMENT.—

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

20 the Secretary for any administrative service provided

21 under subsection (a). The Secretary shall deposit

22 any reimbursement received under this subsection

23 into the Treasury to the credit of the appropriations

24 then current and chargeable for the cost of providing

25 such services.
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1 (2) CONTINUATION OF CERTAIN ASSISTANCE.—

2 Notwithstanding any other provision of this section,

3 the Secretary is authorized to continue to provide fa4 cilities, and necessary support services for such fa5 cilities, to the Council after the date specified in

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

7 cost basis.

8 SEC. 205. VOLUNTEER STATUS.

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, the Secretary may accept, without regard to

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

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

13 and employees of the Board, without compensation from

14 the Secretary, as volunteers in the performance of the

15 functions authorized under this Act.

16 (b) INCIDENTAL EXPENSES.—The Secretary is au17 thorized to provide for incidental expenses, including

18 transportation, lodging, and subsistence to the officers and

19 employees serving as volunteers under subsection (a).

20 SEC. 206. AUDITS, REPORT REQUIREMENTS, AND PETITION

21 OF ATTORNEY GENERAL FOR EQUITABLE RE22 LIEF.

23 (a) AUDITS.—The Council shall be subject to audit24 ing and reporting requirements under section 10101 of
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1 title 36, United States Code, in the same manner as is

2 a corporation under part B of that title.

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

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

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

6 including a full and complete statement of its receipts, ex7 penditures, and investments.

8 (c) RELIEF WITH RESPECT TO CERTAIN COUNCIL

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

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

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

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

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

14 obligations of the Council under this Act, or threat15 ens to do so;

16 then the Attorney General of the United States may peti17 tion in the United States District Court for the District

18 of Columbia for such equitable relief as may be necessary

19 or appropriate.

20 SEC. 207. UNITED STATES RELEASE FROM LIABILITY.

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

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

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

24 obligation of the Council.
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1 SEC. 208. GRANTS TO COUNCIL; TECHNICAL ASSISTANCE.

2 (a) GRANTS.—

3 (1) IN GENERAL.—Not less frequently than an4 nually, the Secretary shall award a grant to the

5 Council, to be used to carry out the purposes speci6 fied in section 201(b) in accordance with this sec7 tion.

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

9 receiving a grant under this section, the secretary of

10 the Board, with the approval of the Board, shall

11 enter into an agreement with the Secretary that

12 specifies the duties of the Council in carrying out

13 the grant and the information that is required to be

14 included in the agreement under paragraphs (3) and

15 (4).

16 (3) MATCHING REQUIREMENTS.—Each agree17 ment entered into under paragraph (2) shall specify

18 that the Federal share of a grant under this section

19 shall be 80 percent of the cost of the activities fund20 ed under the grant. No amount may be made avail21 able to the Council for a grant under this section,

22 unless the Council has raised an amount from pri23 vate persons and State and local government agen24 cies equivalent to the non-Federal share of the

25 grant.
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1 (4) PROHIBITION ON THE USE OF FEDERAL

2 FUNDS FOR ADMINISTRATIVE EXPENSES.—Each

3 agreement entered into under paragraph (2) shall

4 specify that no Federal funds made available to the

5 Council (under the grant that is the subject of the

6 agreement or otherwise) may be used by the Council

7 for administrative expenses of the Council, including

8 salaries, travel and transportation expenses, and

9 other overhead expenses.

10 (b) TECHNICAL ASSISTANCE.—

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

12 paragraph (2) shall provide to the Council such tech13 nical assistance as may be necessary for the Council

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

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

16 in this paragraph are as follows:

17 (A) The Secretary of Housing and Urban

18 Development.

19 (B) The Secretary of the Interior.

20 (C) The Commissioner of Indian Affairs.

21 (D) The Assistant Secretary for Economic

22 Development of the Department of Commerce.

23 (E) The Administrator of the Small Busi24 ness Administration.
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1 (F) The Administrator of the Rural Devel2 opment Administration.

3 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

4 (a) AUTHORIZATION.—There are authorized to be ap5 propriated to the Department of the Interior, $10,000,000

6 for each of fiscal years 2000, 2001, 2002, 2003, and 2004,

7 to be used in accordance with section 208.

8 (b) ADDITIONAL AUTHORIZATION.—The amounts

9 authorized to be appropriated under this section are in

10 addition to any amounts provided or available to the Coun11 cil under any other provision of Federal law.

12 SECTION 1. FINDINGS.

13 Congress finds that—

14 (1) there is a continuing need for reconciliation

15 between Indians and non-Indians;

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

17 promotion of the understanding of the history and

18 culture of Sioux Indian tribes;

19 (3) the establishment of a Sioux Nation Tribal

20 Supreme Court will promote economic development

21 on reservations of the Sioux Nation and provide in22 vestors that contribute to that development a greater

23 degree of certainty and confidence by—

24 (A) reconciling conflicting tribal laws; and

25 (B) strengthening tribal court systems;
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1 (4) the reservations of the Sioux Nation—

2 (A) contain the poorest counties in the

3 United States; and

4 (B) lack adequate tools to promote economic

5 development and the creation of jobs;

6 (5) the establishment of a Native American Eco7 nomic Development Council will assist in promoting

8 economic growth and reducing poverty on reserva9 tions of the Sioux Nation by—

10 (A) coordinating economic development ef11 forts;

12 (B) centralizing expertise concerning Fed13 eral assistance; and

14 (C) facilitating the raising of funds from

15 private donations to meet matching requirements

16 under certain Federal assistance programs;

17 (6) there is a need to enhance and strengthen the

18 capacity of Indian tribal governments and tribal jus19 tice systems to address conflicts which impair rela20 tionships within Indian communities and between In21 dian and non-Indian communities and individuals;

22 and

23 (7) the establishment of the National Native

24 American Mediation Training Center, with the tech25 nical assistance of tribal and Federal agencies, in-
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1 cluding the Community Relations Service of the De2 partment of Justice, would enhance and strengthen

3 the mediation skills that are useful in reducing ten4 sions and resolving conflicts in Indian communities

5 and between Indian and non-Indian communities

6 and individuals.

7 SEC. 2. DEFINITIONS.

8 In this Act:

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

10 the meaning given that term in section 4(e) of the In11 dian Self-Determination and Education Assistance

12 Act (25 U.S.C. 450b(e)).

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

14 the Secretary of the Interior.

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

16 means the Indian tribes comprising the Sioux Nation.

17 TITLE I—RECONCILIATION

18 CENTER

19 SEC. 101. RECONCILIATION CENTER.

20 (a) ESTABLISHMENT.—The Secretary of Housing and

21 Urban Development, in cooperation with the Secretary,

22 shall establish, in accordance with this section, a reconcili23 ation center, to be known as ‘‘Reconciliation Place’’.

24 (b) LOCATION.—Notwithstanding any other provision

25 of law, the Secretary shall take into trust for the benefit
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1 of the Sioux Nation the parcel of land in Stanley County,

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

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

4 this Act by the Wakpa Sica Historical Society, Inc., for

5 the purpose of establishing and operating The Reconcili6 ation Place.

7 (c) PURPOSES.—The purposes of Reconciliation Place

8 shall be as follows:

9 (1) To enhance the knowledge and understanding

10 of the history of Native Americans by—

11 (A) displaying and interpreting the history,

12 art, and culture of Indian tribes for Indians and

13 non-Indians; and

14 (B) providing an accessible repository for—

15 (i) the history of Indian tribes; and

16 (ii) the family history of members of

17 Indian tribes.

18 (2) To provide for the interpretation of the en19 counters between Lewis and Clark and the Sioux Na20 tion.

21 (3) To house the Sioux Nation Tribal Supreme

22 Court.

23 (4) To house the Native American Economic De24 velopment Council.
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1 (5) To house the National Native American Me2 diation Training Center to train tribal personnel in

3 conflict resolution and alternative dispute resolution.

4 (d) GRANT.—

5 (1) IN GENERAL.—The Secretary of Housing and

6 Urban Development shall offer to award a grant to

7 the Wakpa Sica Historical Society of Fort Pierre,

8 South Dakota, for the construction of Reconciliation

9 Place.

10 (2) GRANT AGREEMENT.—

11 (A) IN GENERAL.—As a condition to receiv12 ing the grant under this subsection, the appro13 priate official of the Wakpa Sica Historical So14 ciety shall enter into a grant agreement with the

15 Secretary of Housing and Urban Development.

16 (B) CONSULTATION.—Before entering into a

17 grant agreement under this paragraph, the Sec18 retary of Housing and Urban Development shall

19 consult with the Secretary concerning the con20 tents of the agreement.

21 (C) DUTIES OF THE WAKPA SICA HISTOR22 ICAL SOCIETY.—The grant agreement under this

23 paragraph shall specify the duties of the Wakpa

24 Sica Historical Society under this section and
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1 arrangements for the maintenance of Reconcili2 ation Place.

3 (3) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to the De5 partment of Housing and Urban Development

6 $18,258,441, to be used for the grant under this sec7 tion.

8 SEC. 102. SIOUX NATION SUPREME COURT AND NATIONAL

9 NATIVE AMERICAN MEDIATION TRAINING

10 CENTER.

11 (a) IN GENERAL.—To ensure the development and op12 eration of the Sioux Nation Tribal Supreme Court and the

13 National Native American Medication Training Center, the

14 Attorney General of the United States shall use available

15 funds to provide technical and financial assistance to the

16 Sioux Nation.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry

18 out this section, there are authorized to be appropriated to

19 the Department of Justice such sums as are necessary.
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1 TITLE II—NATIVE AMERICAN

2 ECONOMIC DEVELOPMENT

3 COUNCIL

4 SEC. 201. ESTABLISHMENT OF NATIVE AMERICAN ECO5 NOMIC DEVELOPMENT COUNCIL.

6 (a) ESTABLISHMENT.—There is established the Native

7 American Economic Development Council (in this title re8 ferred to as the ‘‘Council’’). The Council shall be a chari9 table and nonprofit corporation and shall not be considered

10 to be an agency or establishment of the United States.

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

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

13 gifts of property;

14 (2) to use those gifts as a source of matching

15 funds necessary to receive Federal assistance;

16 (3) to provide members of Indian tribes with the

17 skills and resources necessary for establishing success18 ful businesses;

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

20 Indian tribes to establish or operate small businesses;

21 (5) to provide scholarships for members of In22 dian tribes who are students pursuing an education

23 in business or a business-related subject; and
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1 (6) to provide technical assistance to Indian

2 tribes and members thereof in obtaining Federal as3 sistance.

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

5 (a) ESTABLISHMENT AND MEMBERSHIP.—

6 (1) IN GENERAL.—The Council shall have a gov7 erning Board of Directors (in this title referred to as

8 the ‘‘Board’’).

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

10 11 directors, who shall be appointed by the Secretary

11 as follows:

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

13 paragraph shall represent the 9 reservations of

14 South Dakota.

15 (ii) Each member described in clause (i)

16 shall—

17 (I) represent 1 of the reservations de18 scribed in clause (i); and

19 (II) be selected from among nomina20 tions submitted by the appropriate Indian

21 tribe.

22 (B) 1 member appointed under this para23 graph shall be selected from nominations sub24 mitted by the Governor of the State of South Da25 kota.
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1 (C) 1 member appointed under this para2 graph shall be selected from nominations sub3 mitted by the most senior member of the South

4 Dakota Congressional delegation.

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

6 shall be a citizen of the United States.

7 (b) APPOINTMENTS AND TERMS.—

8 (1) APPOINTMENT.—Not later than December 31,

9 2000, the Secretary shall appoint the directors of the

10 Board under subsection (a)(2).

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

12 of 2 years.

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

14 be filled not later than 60 days after that vacancy oc15 curs, in the manner in which the original appoint16 ment was made.

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

18 serve more than 3 consecutive terms as a director.

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

20 Board from its members for a term of 2 years.

21 (d) QUORUM.—A majority of the members of the Board

22 shall constitute a quorum for the transaction of business.

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

24 the Chairman at least once a year. If a director misses 3

25 consecutive regularly scheduled meetings, that individual
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1 may be removed from the Board by the Secretary and that

2 vacancy filled in accordance with subsection (b).

3 (f) REIMBURSEMENT OF EXPENSES.—Members of the

4 Board shall serve without pay, but may be reimbursed for

5 the actual and necessary traveling and subsistence expenses

6 incurred by them in the performance of the duties of the

7 Council.

8 (g) GENERAL POWERS.—

9 (1) POWERS.—The Board may complete the or10 ganization of the Council by—

11 (A) appointing officers and employees;

12 (B) adopting a constitution and bylaws

13 consistent with the purposes of the Council under

14 this Act; and

15 (C) carrying out such other actions as may

16 be necessary to carry out the purposes of the

17 Council under this Act.

18 (2) EFFECT OF APPOINTMENT.—Appointment to

19 the Board shall not constitute employment by, or the

20 holding of an office of, the United States for the pur21 poses of any Federal law.

22 (3) LIMITATIONS.—The following limitations

23 shall apply with respect to the appointment of officers

24 and employees of the Council:
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1 (A) Officers and employees may not be ap2 pointed until the Council has sufficient funds to

3 pay them for their service.

4 (B) Officers and employees of the Council—

5 (i) shall be appointed without regard

6 to the provisions of title 5, United States

7 Code, governing appointments in the com8 petitive service; and

9 (ii) may be paid without regard to the

10 provisions of chapter 51 and subchapter III

11 of chapter 53 of such title relating to classi12 fication and General Schedule pay rates.

13 (4) SECRETARY OF THE BOARD.—The first offi14 cer or employee appointed by the Board shall be the

15 Secretary of the Board. The Secretary of the Board

16 shall—

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

18 its chief operating officer; and

19 (B) be knowledgeable and experienced in

20 matters relating to economic development and

21 Indian affairs.

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

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

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

25 to the powers otherwise given it under this Act, the usual
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1 powers of a corporation acting as a trustee in South Da2 kota, including the power—

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

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

5 or in trust, of real or personal property or any in6 come therefrom or other interest therein;

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

8 or personal property or interest therein;

9 (3) unless otherwise required by the instrument

10 of transfer, to sell, donate, lease, invest, reinvest, re11 tain, or otherwise dispose of any property or income

12 therefrom;

13 (4) to borrow money and issue bonds, debentures,

14 or other debt instruments;

15 (5) to sue and be sued, and complain and defend

16 itself in any court of competent jurisdiction, except

17 that the directors shall not be personally liable, except

18 for gross negligence;

19 (6) to enter into contracts or other arrangements

20 with public agencies and private organizations and

21 persons and to make such payments as may be nec22 essary to carry out its function; and

23 (7) to carry out any action that is necessary and

24 proper to carry out the purposes of the Council.

25 (b) OTHER POWERS AND OBLIGATIONS.—
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1 (1) IN GENERAL.—The Council—

2 (A) shall have perpetual succession;

3 (B) may conduct business throughout the

4 several States, territories, and possessions of the

5 United States and abroad;

6 (C) shall have its principal offices in South

7 Dakota; and

8 (D) shall at all times maintain a des9 ignated agent authorized to accept service of

10 process for the Council.

11 (2) SERVICE OF NOTICE.—The serving of notice

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

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

14 address of such agent, shall be deemed as service upon

15 or notice to the Council.

16 (c) SEAL.—The Council shall have an official seal se17 lected by the Board, which shall be judicially noticed.

18 (d) CERTAIN INTERESTS.—If any current or future in19 terest of a gift under subsection (a)(1) is for the benefit of

20 the Council, the Council may accept the gift under such sub21 section, even if that gift is encumbered, restricted, or subject

22 to beneficial interests of 1 or more private persons.

23 SEC. 204. ADMINISTRATIVE SERVICES AND SUPPORT.

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

25 provide personnel, facilities, and other administrative serv-
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1 ices to the Council, including reimbursement of expenses

2 under section 202, not to exceed then current Federal Gov3 ernment per diem rates, for a period ending not later than

4 5 years after the date of enactment of this Act.

5 (b) REIMBURSEMENT.—

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

7 the Secretary for any administrative service provided

8 under subsection (a). The Secretary shall deposit any

9 reimbursement received under this subsection into the

10 Treasury to the credit of the appropriations then cur11 rent and chargeable for the cost of providing such

12 services.

13 (2) CONTINUATION OF CERTAIN ASSISTANCE.—

14 Notwithstanding any other provision of this section,

15 the Secretary is authorized to continue to provide fa16 cilities, and necessary support services for such facili17 ties, to the Council after the date specified in sub18 section (a), on a space available, reimbursable cost

19 basis.

20 SEC. 205. VOLUNTEER STATUS.

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, the Secretary may accept, without regard to

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

24 services of the Council, the Board, and the officers and em25 ployees of the Board, without compensation from the Sec-
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1 retary, as volunteers in the performance of the functions

2 authorized under this Act.

3 (b) INCIDENTAL EXPENSES.—The Secretary is author4 ized to provide for incidental expenses, including transpor5 tation, lodging, and subsistence to the officers and employ6 ees serving as volunteers under subsection (a).

7 SEC. 206. AUDITS, REPORT REQUIREMENTS, AND PETITION

8 OF ATTORNEY GENERAL FOR EQUITABLE RE9 LIEF.

10 (a) AUDITS.—The Council shall be subject to auditing

11 and reporting requirements under section 10101 of title 36,

12 United States Code, in the same manner as is a corporation

13 under part B of that title.

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

15 each fiscal year, the Council shall transmit to Congress a

16 report of its proceedings and activities during such year,

17 including a full and complete statement of its receipts, ex18 penditures, and investments.

19 (c) RELIEF WITH RESPECT TO CERTAIN COUNCIL

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

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

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

23 purposes of the Council under section 201(b); or
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1 (2) refuses, fails, or neglects to discharge the obli2 gations of the Council under this Act, or threatens to

3 do so;

4 then the Attorney General of the United States may petition

5 in the United States District Court for the District of Co6 lumbia for such equitable relief as may be necessary or ap7 propriate.

8 SEC. 207. UNITED STATES RELEASE FROM LIABILITY.

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

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

11 and credit of the United States shall not extend to any obli12 gation of the Council.

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

14 (a) GRANTS.—

15 (1) IN GENERAL.—Not less frequently than an16 nually, the Secretary shall award a grant to the

17 Council, to be used to carry out the purposes specified

18 in section 201(b) in accordance with this section.

19 (2) GRANT AGREEMENTS.—As a condition to re20 ceiving a grant under this section, the secretary of the

21 Board, with the approval of the Board, shall enter

22 into an agreement with the Secretary that specifies

23 the duties of the Council in carrying out the grant

24 and the information that is required to be included

25 in the agreement under paragraphs (3) and (4).
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1 (3) MATCHING REQUIREMENTS.—Each agree2 ment entered into under paragraph (2) shall specify

3 that the Federal share of a grant under this section

4 shall be 80 percent of the cost of the activities funded

5 under the grant. No amount may be made available

6 to the Council for a grant under this section, unless

7 the Council has raised an amount from private per8 sons and State and local government agencies equiva9 lent to the non-Federal share of the grant.

10 (4) PROHIBITION ON THE USE OF FEDERAL

11 FUNDS FOR ADMINISTRATIVE EXPENSES.—Each

12 agreement entered into under paragraph (2) shall

13 specify that a reasonable amount of the Federal funds

14 made available to the Council (under the grant that

15 is the subject of the agreement or otherwise), but in

16 no event more that 15 percent of such funds, may be

17 used by the Council for administrative expenses of the

18 Council, including salaries, travel and transportation

19 expenses, and other overhead expenses.

20 (b) TECHNICAL ASSISTANCE.—

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

22 paragraph (2) shall provide to the Council such tech23 nical assistance as may be necessary for the Council

24 to carry out the purposes specified in section 201(b).
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1 (2) AGENCY HEADS.—The agency heads listed in

2 this paragraph are as follows:

3 (A) The Secretary of Housing and Urban

4 Development.

5 (B) The Secretary of the Interior.

6 (C) The Commissioner of Indian Affairs.

7 (D) The Assistant Secretary for Economic

8 Development of the Department of Commerce.

9 (E) The Administrator of the Small Busi10 ness Administration.

11 (F) The Administrator of the Rural Devel12 opment Administration.

13 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

14 (a) AUTHORIZATION.—There are authorized to be ap15 propriated to the Department of the Interior, $10,000,000

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

17 to be used in accordance with section 208.

18 (b) ADDITIONAL AUTHORIZATION.—The amounts au19 thorized to be appropriated under this section are in addi20 tion to any amounts provided or available to the Council

21 under any other provision of Federal law.
Calendar No. 745

106TH CONGRESS

2D SESSION S. 1658

[Report No. 106–368]

A BILL

To authorize the construction of a Reconciliation

Place in Fort Pierre, South Dakota, and forother purposes.

AUGUST 25, 2000

Reported with an amendment