I

103D CONGRESS

1ST SESSION H. R. 2435

To authorize the establishment of the Wounded Knee National Memorial

Park and the Wounded Knee National Memorial in the State of South

Dakota, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 16, 1993

Mr. JOHNSON of South Dakota introduced the following bill; which was

referred to the Committee on Natural Resources

A BILL

To authorize the establishment of the Wounded Knee National Memorial Park and the Wounded Knee National

Memorial in the State of 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Wounded Knee Na5 tional Memorial Park and Memorial Establishment Act of

6 1993’’.

7 SEC. 2. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—The Congress finds that—
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1 (1) in December 1890, approximately 350–75

2 Sioux men, women and children under the leadership

3 of Chief Big Foot journeyed from the Cheyenne

4 River Indian Reservation to the Pine Ridge Indian

5 Reservation on the invitation of Chief Red Cloud to

6 help make peace between Indians and non-Indians;

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

8 of Minneconjou Sioux occurred during the Ghost

9 Dance period when extreme hostility existed between

10 Sioux Indians and non-Indians residing near the

11 Sioux reservations, and the United States Army as12 sumed control of the Sioux reservations;

13 (3) Chief Big Foot and his band were inter14 cepted on the Pine Ridge Indian Reservation at Por15 cupine Butte by Major Whitside, and surrendered

16 unconditionally under a white flag of truce and were

17 escorted to Wounded Knee Creek where Colonel

18 Forsyth assumed command;

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

20 in which soldiers under Colonel Forsyth’s command

21 killed and wounded over 300 members of Chief Big

22 Foot’s band, almost all of whom were unarmed and

23 entitled to protection of their rights to property, per24 son and life under Federal law (see 19 Stat. 254,

25 Art. 8);
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1 (5) the 1890 Wounded Knee Massacre is a his2 torically significant event in that it marks the last

3 military encounter of the Indian wars period;

4 (6) the Congress apologized to the Sioux people

5 for the 1890 Massacre in Senate Concurrent Resolu6 tion No. 153 of the 101st Congress and stated

7 therein that Congress:

8 (A) ‘‘expresses its support for the estab9 lishment of a suitable and appropriate Memo10 rial to those who were so tragically slain at

11 Wounded Knee which could inform the Amer12 ican public of the historic significance of the

13 events at Wounded Knee and accurately portray

14 the heroic and courageous campaign waged by

15 the Sioux people to preserve and protect their

16 lands and their way of life during this period’’;

17 and

18 (B) ‘‘hereby expresses its commitment to

19 acknowledge and learn from our history, includ20 ing the Wounded Knee Massacre, in order to

21 provide a proper foundation for building an ever

22 more humane, enlightened, and just society for

23 the future’’;

24 (7) the Wounded Knee Massacre site and sites

25 relating to the 1890 Wounded Knee Massacre on the
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1 Cheyenne River Indian Reservation and Pine Ridge

2 Indian Reservation are nationally, significant cul3 tural and historic sites that must be protected

4 through the designation of the sites as a national

5 memorial park; and

6 (8) the Wounded Knee Massacre is a nationally

7 significant event that must be memorialized through

8 the erection of a suitable and appropriate memorial

9 to the Indian victims.

10 (b) PURPOSES.—The Congress declares that the pur11 poses of this Act are to—

12 (1) establish the Chief Big Foot National Me13 morial Park consisting of—

14 (A) the 1890 Wounded Knee Massacre

15 site, and sites relating to the massacre located

16 on the Pine Ridge Indian Reservation, which

17 shall be referred to as the ‘‘south unit’’; and

18 (B) sites relating to the 1890 Wounded

19 Knee Massacre located on the Cheyenne River

20 Indian Reservation, which shall be referred to

21 as the ‘‘north unit’’;

22 (2) erect suitable and appropriate structures

23 within the national memorial park to memorialize

24 the Indian victims of the 1890 Wounded Knee Mas25 sacre; and
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1 (3) authorize feasibility studies to—

2 (A) establish Chief Big Foot’s route from

3 the Cheyenne River Indian Reservation to

4 Wounded Knee as a national historic trail;

5 (B) establish visitor centers on Interstate

6 90 at Cactus Flats and on the Cheyenne River

7 Indian Reservation; and

8 (C) establish a scenic two-lane highway

9 called the ‘‘Crazy Horse Memorial Highway’’

10 from Interstate 90 to Wounded Knee, and west11 ward from Wounded Knee to Highway 79.

12 SEC. 3. ESTABLISHMENT OF WOUNDED KNEE NATIONAL

13 MEMORIAL PARK.

14 (a) ESTABLISHMENT.—There is established a na15 tional memorial park to be known as the ‘‘Wounded Knee

16 National Memorial Park’’. The park shall consist of all

17 tribal lands acquired by the Secretary for that purpose

18 pursuant to sections 4 and 5.

19 (b) EFFECTIVE DATE.—Subsection (a) shall take ef20 fect on the date of publication by the Secretary, pursuant

21 to section 4, of a notice that the Secretary has accepted

22 the leasehold interests that meet the requirements of this

23 Act.
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1 SEC. 4. ACQUISITION OF LANDS FOR WOUNDED KNEE NA2 TIONAL MEMORIAL PARK.

3 (a) AUTHORITY OF SECRETARY.—(1) If not later

4 than 36 months after the date of enactment of this Act,

5 the Oglala Sioux Tribe, after consultation with the Bureau

6 of Indian Affairs, offers to the Secretary a leasehold inter7 est in tribal trust lands located on the Pine Ridge Indian

8 Reservation meeting the requirements of this Act, the Sec9 retary shall accept such leasehold on behalf of the Na10 tional Park Service and publish in the Federal Register

11 a notice of such acceptance.

12 (2) Within 12 months after the date the Secretary

13 first accepts a leasehold interest in trust lands on the Pine

14 Ridge Indian Reservation under paragraph (1), the Chey15 enne River Sioux Tribe, after consultation with the Sec16 retary, may offer to the Secretary a leasehold interest in

17 tribal trust lands located on the Cheyenne River Indian

18 Reservation meeting the requirements of this Act. The

19 Secretary shall accept such leasehold on behalf of the Na20 tional Park Service and publish in the Federal Register

21 a notice of such acceptance.

22 (b) REQUIREMENTS FOR ACCEPTANCE OF LEASE23 HOLD INTERESTS.—The Secretary shall accept a leasehold

24 of any tribally owned lands under subsection (a) of this

25 section if such leasehold—
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1 (1) would continue for a period of at least 99

2 years;

3 (2) would require no rentals or other payments

4 by the United States to the Cheyenne River Sioux

5 Tribe, the Oglala Sioux Tribe, or any other party,

6 except for the allocation of fees as provided in sec7 tion 5(d)(2)(A); and

8 (3) would be applicable to—

9 (A) no less than 40 acres located within

10 the Pine Ridge Indian Reservation, including

11 but not limited to the Wounded Knee Massacre

12 grave site and other lands identified in the

13 1990 boundaries studies authorized by the Na14 tional Park Service, as the Director of the Na15 tional Park Service, in consultation with the

16 Oglala Sioux Tribal Council, would deem nec17 essary to include in the park; and

18 (B) no less than 40 acres located within

19 the Cheyenne River Indian Reservation, includ20 ing but not limited to sites related to the 1890

21 Wounded Knee Massacre, as the Director of the

22 National Park Service, in consultation with the

23 Cheyenne River Tribal Council, would deem

24 necessary to include in the park.
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1 (c) BUFFER ZONE.—The Secretary shall establish, in

2 consultation with the Cheyenne River Sioux Tribal Council

3 or the Oglala Sioux Tribal Council, a buffer zone around

4 the tribal lands leased to the Secretary under subsection

5 (b).

6 (d) ACQUISITION OF PRIVATELY HELD LANDS.—(1)

7 The Secretary may acquire by purchase, donation, con8 demnation, or otherwise, all surface and subsurface rights

9 to any tract of fee patented land which the Director of

10 the National Park Service, in consultation with the Oglala

11 Sioux Tribal Council, shall deem necessary to include in

12 the park located within the Pine Ridge Indian Reserva13 tion. All lands acquired by the Secretary under this sub14 section shall be taken in the name of the United States

15 in trust for the Oglala Sioux Tribe and shall be subject

16 to lease under subsections (a)(1) and (b).

17 (2) The Secretary shall provide all assistance nec18 essary, including financial assistance, to the Oglala Sioux

19 Tribe in acquiring lands within the Wounded Knee Mas20 sacre site as defined in the 1990 boundaries studies au21 thorized by the National Park Service. Financial assist22 ance shall include all costs associated with the relocation

23 of businesses, homes and other structures of persons who

24 may wish to sell or exchange their lands with the tribe.

25 All lands acquired by the tribe pursuant to this section
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1 shall be taken in the name of the United States in trust

2 for the Oglala Sioux Tribe. The period of trust on all lands

3 acquired by the tribe shall continue until otherwise pro4 vided by Congress.

5 (e) MAP.—As soon as possible after the publication

6 of the first notice of acceptance pursuant to subsection

7 (a), the Secretary shall prepare a map of the park and

8 shall provide copies of such map to the Committee on Nat9 ural Resources of the House of Representatives, the Com10 mittee on Energy and Natural Resources and the Commit11 tee on Indian Affairs of the Senate, the Cheyenne River

12 Sioux Tribe, and the Oglala Sioux Tribe.

13 (f) BOUNDARY ADJUSTMENTS.—The Secretary, after

14 consultation with the Advisory Commission and with the

15 agreement of the Cheyenne River Sioux Tribal Council

16 and the Oglala Sioux Tribal Council, may make minor re17 visions in the boundary of the park. Prior to making any

18 such revision, the Secretary shall provide notice of the pro19 posed changes in the boundary to the Committee on Natu20 ral Resources of the House of Representatives, the Com21 mittee on Energy and Natural Resources and the Commit22 tee on Indian Affairs of the Senate, the Cheyenne River

23 Sioux Tribe, and the Oglala Sioux Tribe. No such revision

24 shall take effect until after the expiration of 60 days fol25 lowing the date on which such notice was provided to such
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1 committees and tribes. After the effective date of any such

2 revision, the Secretary shall prepare a revised map of the

3 park, copies of which shall be provided to such committees,

4 the Cheyenne River Sioux Tribe, and the Oglala Sioux

5 Tribe.

6 SEC. 5. MANAGEMENT.

7 (a) PURPOSES.—(1) The Secretary, acting through

8 the Director of the National Park Service, and in consulta9 tion with the Advisory Commission, shall manage the

10 lands covered by any leasehold accepted by the Secretary

11 pursuant to section 3 as a unit of the National Park Sys12 tem consistent with the provisions of this Act, and the Act

13 of August 25, 1916 (16 U.S.C. 1 et seq.) and the Act

14 of August 21, 1935 (16 U.S.C. 461).

15 (2) The Secretary shall protect, manage and admin16 ister the park for all the purposes contained in this Act,

17 and particularly for the purpose of protecting the histori18 cal significance of the 1890 Wounded Knee Massacre site,

19 and protecting and promoting Sioux history and culture.

20 (3) In implementing this Act, the Secretary shall fully

21 cooperate with the Cheyenne River Sioux Tribe and Oglala

22 Sioux Tribe.

23 (b) JURISDICTION.—(1) The Secretary may enter

24 into agreements, including cross deputization agreements,
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1 with the Cheyenne River Sioux Tribe and the Oglala Sioux

2 Tribe for the purpose of law enforcement within the park.

3 (2) Nothing contained in this Act is intended to in4 crease the criminal and civil jurisdiction of the State of

5 South Dakota on the Cheyenne River Indian Reservation

6 or the Pine Ridge Indian Reservation.

7 (3) Nothing contained in this Act is intended to in8 crease the criminal or civil jurisdiction of the Cheyenne

9 River Sioux Tribe over the Pine Ridge Indian Reservation

10 or the criminal or civil jurisdiction of the Oglala Sioux

11 Tribe over the Cheyenne River Indian Reservation.

12 (c) CONSULTATION.—The Secretary, acting through

13 the Director of the National Park Service, shall consult

14 not less than 4 times each year with the Advisory Commis15 sion. The Advisory Commission shall advise the Secretary

16 on the management, operation and maintenance of the

17 park.

18 (d) FEES.—(1) All enrolled members of the—

19 (A) Cheyenne River Sioux Tribe;

20 (B) Crow Creek Sioux Tribe;

21 (C) Devils Lake Sioux Tribe;

22 (D) Flandreau Santee Sioux Tribe;

23 (E) Lower Brule Sioux Tribe;

24 (F) Lower Sioux Tribe of Minnesota;

25 (G) Oglala Sioux Tribe;
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1 (H) Prairie Island Sioux Tribe of Minnesota;

2 (I) Rosebud Sioux Tribe;

3 (J) Shakopee-Mdewakanton Sioux Tribe of

4 Minnesota;

5 (K) Sisseton-Wahpeton Sioux Tribe;

6 (L) Standing Rock Sioux Tribe;

7 (M) Santee Sioux Tribe of Nebraska;

8 (N) Sioux Tribe of the Fort Peck Reservation;

9 (O) Upper Sioux Tribe of Minnesota;

10 (P) Yankton Sioux Tribe; and

11 (Q) Sioux Tribes of Canada

12 shall be exempt from the payment of any fees for admis13 sion into the park.

14 (2) The Secretary shall collect the admission fee from

15 all other persons entering the park. All fees collected shall

16 be disbursed yearly to the Cheyenne River Sioux Tribe and

17 Oglala Sioux Tribe on a proportional basis as follows:

18 (A) An equivalent yearly lease payment shall be

19 paid to each tribe for tribal lands leased to the Sec20 retary under section 4.

21 (B) The remainder of each tribe’s respective

22 share shall be paid to the Cheyenne River Sioux

23 Tribal College and the Oglala Lakota College to be

24 used for scholarships for tribal members attending

25 such colleges.
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1 (e) TRAINING.—In furtherance of the purposes stated

2 in section 2(b), and after consultation with the Advisory

3 Commission, the Secretary is authorized to enter into co4 operative agreements with the Cheyenne River Sioux Tribe

5 and the Oglala Sioux Tribe for the purpose of providing

6 training to tribal members on the interpretation, manage7 ment, protection and preservation of historical properties

8 and in the provision of public services on the Cheyenne

9 River Indian Reservation and the Pine Ridge Indian Res10 ervation needed for the fulfillment of the purposes of this

11 Act.

12 (f) PREFERENCE.—To the extent feasible and per13 missible under existing law, the Secretary shall give pref14 erence to employing qualified members of the Cheyenne

15 River Sioux Tribe and the Oglala Sioux Tribe in the devel16 opment, interpretation and management of the park, and

17 in carrying out other activities related to the park.

18 SEC. 6. ESTABLISHMENT OF WOUNDED KNEE NATIONAL

19 MEMORIAL; FEASIBILITY STUDIES.

20 (a) ESTABLISHMENT OF WOUNDED KNEE NATIONAL

21 MEMORIAL.—The Secretary, after consultation with the

22 Wounded Knee Survivors Associations of the Cheyenne

23 River Indian Reservation and the Pine Ridge Indian Res24 ervation, shall plan, design, and construct a suitable and

25 appropriate memorial dedicated to the Indian victims of
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1 the 1890 Wounded Knee Massacre. The memorial shall

2 be known as the ‘‘Wounded Knee National Memorial’’ and

3 shall consist of—

4 (1) a structure located within the boundaries of

5 the south unit of the park; and

6 (2) a related structure located within the

7 boundaries of the north unit of the park.

8 (b) UPKEEP AND REPAIR OF MEMORIAL AND RELAT9 ED STRUCTURE.—The Secretary, acting through the Di10 rector of the National Park Service, and in consultation

11 with the Advisory Commission, shall be responsible for the

12 operation, maintenance, upkeep, and repair of the memo13 rial, and the related structure located on the Cheyenne

14 River Reservation.

15 (c) FEASIBILITY STUDIES FOR CHIEF BIG FOOT NA16 TIONAL HISTORICAL TRAIL, CACTUS FLATS/CHEYENNE

17 RIVER INDIAN RESERVATION VISITOR CENTERS, AND

18 CRAZY HORSE MEMORIAL HIGHWAY.—(1) The Secretary,

19 after consultation with the Advisory Commission, shall

20 complete feasibility studies to—

21 (A) establish and mark the route taken by

22 Chief Big Foot and his band from the Cheyenne

23 River Reservation to Wounded Knee as a national

24 historic trail;
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1 (B) establish an information/orientation center

2 on Interstate 90 at Cactus Flats and a visitor center

3 on the Cheyenne River Indian Reservation; and

4 (C) build a scenic two lane highway called the

5 ‘‘Crazy Horse Memorial Highway’’ from Interstate

6 90 to Wounded Knee, and westward from Wounded

7 Knee to Highway 79.

8 (2) The feasibility studies required under paragraph

9 (1) shall be completed and submitted to Congress within

10 365 days following the date of enactment of this Act.

11 SEC. 7. FEDERAL CONSISTENCY.

12 (a) FEDERAL ACTIONS.—The head of any Federal

13 agency conducting or supporting activities directly or indi14 rectly affecting the park shall—

15 (1) consult with, cooperate with, and, to the

16 maximum extent practicable, coordinate its activities

17 with, the Secretary and the Advisory Commission;

18 and

19 (2) conduct or support such activities in a man20 ner which—

21 (A) to the maximum extent practicable is

22 consistent with the standards and criteria es23 tablished pursuant to the park plan required by

24 section 9; and
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1 (B) will not have a significant adverse ef2 fect on the resources or values of the park, as

3 determined by the Secretary.

4 (b) PERMITS.—No Federal agency may issue any li5 cense or permit to any persons to conduct any activity

6 within the park which could affect the resources or values

7 of the park unless the Secretary determines that any such

8 proposed activity within the park will be conducted in a

9 manner consistent with the standards and criteria estab10 lished pursuant to the park plan, and wherever occurring

11 will not have a significant adverse effect on the resources

12 or values of the park.

13 (c) LIMITATION.—The provisions of this section shall

14 apply only with respect to activities commencing and li15 censes or permits issued after the date of enactment of

16 this Act.

17 SEC. 8. ESTABLISHMENT OF WOUNDED KNEE NATIONAL

18 MEMORIAL PARK ADVISORY COMMISSION.

19 (a) ESTABLISHMENT.—(1) There is established with20 in the Department of the Interior a commission to be

21 known as the ‘‘Wounded Knee National Memorial Park

22 Advisory Commission’’ which shall advise regularly the Di23 rector of the National Park Service on the planning, man24 agement, and administration of the park. The Advisory

25 Commission shall consist of the President of the Cheyenne
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1 River Sioux Tribe; the President of the Oglala Sioux

2 Tribe; the Governor of the State of South Dakota; the

3 President of the Wounded Knee District Council; the

4 President of the Wounded Knee Sub-community; the

5 President of the Cheyenne River Wounded Knee Survivors

6 Association; the President of the Pine Ridge Wounded

7 Knee Survivors Association; the Director of the National

8 Park Service; the Secretary of the Smithsonian Institu9 tion; the State Historic Preservation Officers of the States

10 of Nebraska and South Dakota (or their designees); and

11 two members appointed by the Secretary from rec12 ommendations made by the Cheyenne River Sioux Tribal

13 Council and the Oglala Sioux Tribal Council.

14 (2) The Advisory Commission may employ an admin15 istrative director who shall be appointed by the Advisory

16 Commission and paid at a rate not to exceed the rate of

17 pay payable for grade GS–12 of the General Schedule.

18 (3) The administrative director of the Advisory Com19 mission may be appointed without regard to the provisions

20 of title 5, United States Code, governing appointments in

21 the competitive service, and may be paid without regard

22 to the provisions of chapter 1, and subchapter III of chap23 ter 52 of such title relating to classification and General

24 Schedule pay rates, except that the individual so appointed
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1 may not receive pay in excess of the annual rate of basic

2 pay payable for grade GS–12 of the General Schedule.

3 (4) The Administrator of General Services shall pro4 vide to the Advisory Commission on a reimbursable basis

5 such administrative support services as the Advisory Com6 mission may request.

7 (b) TERMS.—The terms of members of the Advisory

8 Commission appointed by the Secretary from rec9 ommendations made by the Cheyenne River Sioux Tribal

10 Council and the Oglala Sioux Tribal Council shall be four

11 years, except that a member may continue to serve until

12 a successor is appointed. A vacancy in the Advisory Com13 mission shall be filled in the manner in which the original

14 appointment was made. The Advisory Commission shall

15 exist for the duration of the leasehold accepted by the Sec16 retary pursuant to section 3, and any extension or renew17 als thereof.

18 (c) EXPENSES.—The non-Federal members of the

19 Advisory Commission appointed pursuant to subsection

20 (a) while away from their homes or regular places of busi21 ness in the performance of services for the Advisory Com22 mission, shall be allowed travel and all other related

23 expenses, including per diem in lieu of subsistence, in the

24 same manner as persons employed intermittently in Gov-
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1 ernment service are allowed expenses under section 5703

2 of title 5, United States Code.

3 (d) CHAIR.—The offices of Chair and Vice Chair of

4 the Advisory Commission shall be rotated between the

5 Presidents of the Cheyenne River Sioux Tribe and the Og6 lala Sioux Tribe on a year-to-year basis.

7 (e) MEETINGS.—The Advisory Commission shall

8 meet at the call of the Chair or a majority of its members.

9 Consistent with the public meeting requirements of the

10 Federal Advisory Committee Act, the Advisory Commis11 sion shall from time to time meet with persons concerned

12 with park issues relating to the Cheyenne River Sioux

13 Tribe and the Oglala Sioux Tribe. The nontribal members

14 of the Advisory Commission shall not participate in the

15 selection of the administrative director employed under

16 paragraph (2) of subsection (a), or in such other matters

17 as the Secretary determines should be restricted to tribal

18 members.

19 (f) APPLICATION OF FEDERAL ADVISORY COMMIT20 TEE ACT.—Except with respect to any requirement for

21 reissuance of a charter and except as otherwise provided

22 in this Act, the provisions of the Federal Advisory Com23 mittee Act shall apply to the Advisory Commission.
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1 SEC. 9. PARK PLAN.

2 (a) DEADLINE.—No later than 2 years after the date

3 of the publication of a notice pursuant to section 4(a), the

4 Secretary, acting through the Director of the National

5 Park Service, and in consultation with the Advisory Com6 mission, shall develop and transmit to the Committee on

7 Natural Resources of the House of Representatives and

8 the Committee on Energy and Natural Resources and the

9 Committee on Indian Affairs of the Senate, a general

10 management plan for the park which shall describe the

11 appropriate uses and development of the park consistent

12 with the purposes of this Act.

13 (b) ELEMENTS.—The park plan shall include (but

14 not be limited to) the following:

15 (1) Plans to restore the 1890 Wounded Knee

16 Massacre site to its original condition at the time of

17 the massacre, including the removal of all buildings

18 and structures that have no historical significance.

19 (2) Plans to restore sites associated with the

20 1890 Wounded Knee Massacre on the Cheyenne

21 River Indian Reservation to their original condition,

22 including the removal of all buildings and structures

23 that have no historical significance.

24 (3) Plans for implementation of a continuing

25 program of public involvement, interpretation, and
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1 visitor education about the resources and value of

2 the park.

3 (4) Proposals for visitor use facilities to be de4 veloped for the park.

5 (5) Plans for management of the natural and

6 cultural resources of the park, giving high priority to

7 the enforcement of the provisions of the National

8 Historic Preservation Act (16 U.S.C. 470 et seq.)

9 within the park. The natural and cultural resources

10 management plans shall be prepared in close con11 sultation with the South Dakota and Nebraska State

12 Historic Preservation Offices, the Cheyenne River

13 Sioux Tribe, and the Oglala Sioux Tribe.

14 (6) Proposals for training members of the

15 Cheyenne River Sioux Tribe and the Oglala Sioux

16 Tribe in such fields as interpretation, management,

17 and artifact curation.

18 (7) A plan to protect the religious sanctity of

19 the Wounded Knee Massacre site.

20 (8) Proposals for cooperation, research and in21 terpretation programs within the national memorial

22 park to be carried out by the Cheyenne River Sioux

23 Tribe and the Oglala Sioux Tribe through their re24 spective tribal colleges, with technical and financial

25 assistance from the National Park Service.
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1 (9) Proposals for implementing the provisions

2 of this Act relating to the operation and supply of

3 park concessions by qualified Sioux-owned busi4 nesses operating outside of, but adjacent to the

5 boundaries of the park as provided in this Act.

6 SEC. 10. COOPERATIVE AGREEMENTS.

7 (a) IN GENERAL.—The Secretary may enter into co8 operative agreements with tribal organizations or non9 profit corporations to raise funds from private sources to

10 supplement Federal funds authorized under this Act.

11 (b) NEW PROJECTS.—The Secretary may enter into

12 a cooperative agreement with the Tribe or its designated

13 agency or authority or, with the Tribe’s approval, a non14 profit corporation, to raise private funds to plan, design,

15 construct, operate and maintain the following projects:

16 (1) An amphitheater dedicated to the indige17 nous peoples of the Americas to be located at the

18 Wounded Knee Massacre site within the park, which

19 shall become the permanent home of the Francis

20 Jansen sculpture.

21 (2) A replica of Chief Big Foot’s encampment

22 to be located at the Wounded Knee Massacre site

23 within the park.

24 (3) A museum and cultural center to be located

25 on the Cheyenne River Reservation within the park.
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1 (4) A museum and cultural center to be located

2 at the Wounded Knee Massacre site within the park.

3 (5) Meditation gardens and related structures

4 to be located within the park.

5 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated such sums

7 as may be necessary to carry out the provisions of this

8 Act.

9 SEC. 12. DEFINITIONS.

10 As used in this Act—

11 (1) the term ‘‘Advisory Commission’’ means the

12 Wounded Knee National Memorial Park Advisory

13 Commission established under section 8;

14 (2) the term ‘‘buffer zone’’ means an area of

15 not less than 220 yards around each tract of land

16 leased to the Secretary under section 4 of this Act

17 in which no commercial development or high-rise

18 structures shall be allowed;

19 (3) the term ‘‘memorial’’ means the Wounded

20 Knee National Memorial established under section 6;

21 (4) the term ‘‘park’’ means lands constituting

22 the Wounded Knee National Memorial Park estab23 lished under section 3;

24 (5) the term ‘‘park plan’’ means the general

25 management plan developed under section 9; and
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1 (6) the term ‘‘Secretary’’ means the Secretary

2 of the Interior.

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