II

106TH CONGRESS

1ST SESSION S. 1658

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 introduced the following bill; which was read twice and referred

to the Committee on Indian Affairs

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—

5 (1) there is a continuing need for reconciliation

6 between Indians and non-Indians;

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

8 promotion of the understanding of the history and

9 culture of Sioux Indian tribes;
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1 (3) the establishment of a Sioux Nation Tribal

2 Supreme Court will promote economic development

3 on reservations of the Sioux Nation and provide in4 vestors that contribute to that development a greater

5 degree of certainty and confidence by—

6 (A) reconciling conflicting tribal laws; and

7 (B) strengthening tribal court systems;

8 (4) the reservations of the Sioux Nation—

9 (A) contain the poorest counties in the

10 United States; and

11 (B) lack adequate tools to promote eco12 nomic development and the creation of jobs;

13 and

14 (5) the establishment of a Native American

15 Economic Development Council will assist in pro16 moting economic growth and reducing poverty on

17 reservations of the Sioux Nation by—

18 (A) coordinating economic development ef19 forts;

20 (B) centralizing expertise concerning Fed21 eral assistance; and

22 (C) facilitating the raising of funds from

23 private donations to meet matching require24 ments under certain Federal assistance pro25 grams.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

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

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

5 the Indian Self-Determination and Education Assist6 ance Act (25 U.S.C. 450b(e)).

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

8 the Secretary of the Interior.

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

10 means the Indian tribes comprising the Sioux Na11 tion.

12 TITLE I—RECONCILIATION

13 CENTER

14 SEC. 101. RECONCILIATION CENTER.

15 (a) ESTABLISHMENT.—The Secretary of Housing

16 and Urban Development, in cooperation with the Sec17 retary, shall establish, in accordance with this section, a

18 reconciliation center, to be known as ‘‘Reconciliation

19 Place’’.

20 (b) PURPOSES.—The purposes of Reconciliation

21 Place shall be as follows:

22 (1) To enhance the knowledge and under23 standing of the history of Native Americans by—

24 (A) displaying and interpreting the history,

25 art, and culture of Indian tribes for Indians

26 and non-Indians; and
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1 (B) providing an accessible repository

2 for—

3 (i) the history of Indian tribes; and

4 (ii) the family history of members of

5 Indian tribes.

6 (2) To provide for the interpretation of the en7 counters between Lewis and Clark and the Sioux

8 Nation.

9 (3) To house the Sioux Nation Tribal Supreme

10 Court.

11 (4) To house the Native American Economic

12 Development Council.

13 (c) GRANT.—

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

15 and Urban Development shall offer to award a grant

16 to the Wakpa Sica Historical Society of Fort Pierre,

17 South Dakota, for the construction of Reconciliation

18 Place.

19 (2) GRANT AGREEMENT.—

20 (A) IN GENERAL.—As a condition to re21 ceiving the grant under this subsection, the ap22 propriate official of the Wakpa Sica Historical

23 Society shall enter into a grant agreement with

24 the Secretary of Housing and Urban Develop25 ment.
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1 (B) CONSULTATION.—Before entering into

2 a grant agreement under this paragraph, the

3 Secretary of Housing and Urban Development

4 shall consult with the Secretary concerning the

5 contents of the agreement.

6 (C) DUTIES OF THE WAKPA SICA HISTOR7 ICAL SOCIETY.—The grant agreement under

8 this paragraph shall specify the duties of the

9 Wakpa Sica Historical Society under this sec10 tion and arrangements for the maintenance of

11 Reconciliation Place.

12 (3) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the De14 partment of Housing and Urban Development

15 $17,258,441, to be used for the grant under this

16 section.

17 SEC. 102. SIOUX NATION TRIBAL COURT.

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

19 operation of the Sioux Nation Tribal Supreme Court, the

20 Attorney General of the United States shall provide such

21 technical and financial assistance to the Sioux Nation as

22 is necessary.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry

24 out this section, there are authorized to be appropriated

25 to 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 Na7 tive American Economic Development Council (in this title

8 referred to as the ‘‘Council’’). The Council shall be a char9 itable and nonprofit corporation and shall not be consid10 ered to be an agency or establishment of the United

11 States.

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

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

14 gifts of property;

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

16 funds necessary to receive Federal assistance;

17 (3) to provide members of Indian tribes with

18 the skills and resources necessary for establishing

19 successful businesses;

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

21 Indian tribes to establish or operate small busi22 nesses;

23 (5) to provide scholarships for members of In24 dian tribes who are students pursuing an education

25 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

7 governing Board of Directors (in this title referred

8 to as the ‘‘Board’’).

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

10 11 directors, who shall be appointed by the Sec11 retary 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

25 Dakota.
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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

9 31, 2000, the Secretary shall appoint the directors

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

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

12 term of 2 years.

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

14 be filled not later than 60 days after that vacancy

15 occurs, 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

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

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

22 Board shall constitute a quorum for the transaction of

23 business.

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

25 the Chairman at least once a year. If a director misses
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1 3 consecutive regularly scheduled meetings, that individual

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

3 vacancy filled in accordance with subsection (b).

4 (f) REIMBURSEMENT OF EXPENSES.—Members of

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

6 for the actual and necessary traveling and subsistence ex7 penses incurred by them in the performance of the duties

8 of the Council.

9 (g) GENERAL POWERS.—

10 (1) POWERS.—The Board may complete the or11 ganization of the Council by—

12 (A) appointing officers and employees;

13 (B) adopting a constitution and bylaws

14 consistent with the purposes of the Council

15 under this Act; and

16 (C) carrying out such other actions as may

17 be necessary to carry out the purposes of the

18 Council under this Act.

19 (2) EFFECT OF APPOINTMENT.—Appointment

20 to the Board shall not constitute employment by, or

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

22 purposes of any Federal law.

23 (3) LIMITATIONS.—The following limitations

24 shall apply with respect to the appointment of offi25 cers 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

5 Council—

6 (i) shall be appointed without regard

7 to the provisions of title 5, United States

8 Code, governing appointments in the com9 petitive service; and

10 (ii) may be paid without regard to the

11 provisions of chapter 51 and subchapter

12 III of chapter 53 of such title relating to

13 classification and General Schedule pay

14 rates.

15 (4) SECRETARY OF THE BOARD.—The first offi16 cer or employee appointed by the Board shall be the

17 Secretary of the Board. The Secretary of the Board

18 shall—

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

20 its chief operating officer; and

21 (B) be knowledgeable and experienced in

22 matters relating to economic development and

23 Indian affairs.
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1 SEC. 203. POWERS AND OBLIGATIONS OF THE COUNCIL.

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

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

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

5 powers of a corporation acting as a trustee in South Da6 kota, including the power—

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

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

9 or in trust, of real or personal property or any in10 come therefrom or other interest therein;

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

12 or personal property or interest therein;

13 (3) unless otherwise required by the instrument

14 of transfer, to sell, donate, lease, invest, reinvest, re15 tain, or otherwise dispose of any property or income

16 therefrom;

17 (4) to borrow money and issue bonds, deben18 tures, or other debt instruments;

19 (5) to sue and be sued, and complain and de20 fend itself in any court of competent jurisdiction, ex21 cept that the directors shall not be personally liable,

22 except for gross negligence;

23 (6) to enter into contracts or other arrange24 ments with public agencies and private organizations

25 and persons and to make such payments as may be

26 necessary to carry out its function; and
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1 (7) to carry out any action that is necessary

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

3 (b) OTHER POWERS AND OBLIGATIONS.—

4 (1) IN GENERAL.—The Council—

5 (A) shall have perpetual succession;

6 (B) may conduct business throughout the

7 several States, territories, and possessions of

8 the United States and abroad;

9 (C) shall have its principal offices in South

10 Dakota; and

11 (D) shall at all times maintain a des12 ignated agent authorized to accept service of

13 process for the Council.

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

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

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

17 address of such agent, shall be deemed as service

18 upon or notice to the Council.

19 (c) SEAL.—The Council shall have an official seal se20 lected by the Board, which shall be judicially noticed.

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

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

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

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

25 subject to beneficial interests of 1 or more private persons.
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1 SEC. 204. ADMINISTRATIVE SERVICES AND SUPPORT.

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

3 provide personnel, facilities, and other administrative serv4 ices to the Council, including reimbursement of expenses

5 under section 202, not to exceed then current Federal

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

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

8 (b) REIMBURSEMENT.—

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

10 the Secretary for any administrative service provided

11 under subsection (a). The Secretary shall deposit

12 any reimbursement received under this subsection

13 into the Treasury to the credit of the appropriations

14 then current and chargeable for the cost of providing

15 such services.

16 (2) CONTINUATION OF CERTAIN ASSISTANCE.—

17 Notwithstanding any other provision of this section,

18 the Secretary is authorized to continue to provide fa19 cilities, and necessary support services for such fa20 cilities, to the Council after the date specified in

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

22 cost basis.

23 SEC. 205. VOLUNTEER STATUS.

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, the Secretary may accept, without regard to

26 the civil service classification laws, rules, or regulations,
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1 the services of the Council, the Board, and the officers

2 and employees of the Board, without compensation from

3 the Secretary, as volunteers in the performance of the

4 functions authorized under this Act.

5 (b) INCIDENTAL EXPENSES.—The Secretary is au6 thorized to provide for incidental expenses, including

7 transportation, lodging, and subsistence to the officers and

8 employees serving as volunteers under subsection (a).

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

10 OF ATTORNEY GENERAL FOR EQUITABLE RE11 LIEF.

12 (a) AUDITS.—The Council shall be subject to audit13 ing and reporting requirements under section 10101 of

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

15 a corporation under part B of that title.

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

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

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

19 including a full and complete statement of its receipts, ex20 penditures, and investments.

21 (c) RELIEF WITH RESPECT TO CERTAIN COUNCIL

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

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

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

25 purposes of the Council under section 201(b); or
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1 (2) refuses, fails, or neglects to discharge the

2 obligations of the Council under this Act, or threat3 ens to do so;

4 then the Attorney General of the United States may peti5 tion in the United States District Court for the District

6 of Columbia for such equitable relief as may be necessary

7 or appropriate.

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

12 obligation 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 speci18 fied in section 201(b) in accordance with this sec19 tion.

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

21 receiving a grant under this section, the secretary of

22 the Board, with the approval of the Board, shall

23 enter into an agreement with the Secretary that

24 specifies the duties of the Council in carrying out

25 the grant and the information that is required to be
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1 included in the agreement under paragraphs (3) and

2 (4).

3 (3) MATCHING REQUIREMENTS.—Each agree4 ment entered into under paragraph (2) shall specify

5 that the Federal share of a grant under this section

6 shall be 80 percent of the cost of the activities fund7 ed under the grant. No amount may be made avail8 able to the Council for a grant under this section,

9 unless the Council has raised an amount from pri10 vate persons and State and local government agen11 cies equivalent to the non-Federal share of the

12 grant.

13 (4) PROHIBITION ON THE USE OF FEDERAL

14 FUNDS FOR ADMINISTRATIVE EXPENSES.—Each

15 agreement entered into under paragraph (2) shall

16 specify that no Federal funds made available to the

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

18 agreement or otherwise) may be used by the Council

19 for administrative expenses of the Council, including

20 salaries, travel and transportation expenses, and

21 other overhead expenses.

22 (b) TECHNICAL ASSISTANCE.—

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

24 paragraph (2) shall provide to the Council such tech-
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1 nical assistance as may be necessary for the Council

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

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

4 in this paragraph are as follows:

5 (A) The Secretary of Housing and Urban

6 Development.

7 (B) The Secretary of the Interior.

8 (C) The Commissioner of Indian Affairs.

9 (D) The Assistant Secretary for Economic

10 Development of the Department of Commerce.

11 (E) The Administrator of the Small Busi12 ness Administration.

13 (F) The Administrator of the Rural Devel14 opment Administration.

15 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

16 (a) AUTHORIZATION.—There are authorized to be ap17 propriated to the Department of the Interior, $10,000,000

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

19 to be used in accordance with section 208.

20 (b) ADDITIONAL AUTHORIZATION.—The amounts

21 authorized to be appropriated under this section are in

22 addition to any amounts provided or available to the Coun23 cil under any other provision of Federal law.

Æ