(7) The Chairman of Red Scaffold Community
on the Cheyenne River Indian Reservation.
(8) The Chairman of Cherry Creek Community
on the Cheyenne River Reservation.
(9) The Chairman of Bridger Community on
the Cheyenne River Reservation.
(10) The Chairman of the Board of Directors
of the Oglala Sioux Parks and Recreation Authority.
(11) The President of the Wounded Knee Sur-
vivors Association of the Cheyenne River Indian
Reservation.
(12) The President of the Wounded Knee Sur-
vivors Association of the Pine Ridge Indian Reserva-
tion.
(13) The Secretary of the Smithsonian Institu-
tion.
(14)(i) The Governor of the State of South Da-
kota and the historic preservation officer of such
State.
(ii) The Governor of the State of Nebraska and
the historic preservation officer of such State.
(e) CHAIR.—The offices of Chairman and Vice Chair-
man of the Commission shall be rotated between the
Chairman of the Cheyenne River Sioux Tribe (or a des-
ignated representative of the Chairman) and the President
of the Oglala Sioux Tribe (or a designated representative
of the President) on a year-to-year basis. If both the
Chairman and Vice Chairman are absent from any meet-
ing, the members of the Commission who are present at
the meeting shall select a member who is present to serve
in the place of the Chairman for the meeting.
(f) MEETINGS.—The Commission shall meet at the
call of the Chairman or a majority of its members. In a
manner consistent with the public meeting requirements
of the Federal Advisory Committee Act (5 U.S.C. App.),
the Commission shall from time to time meet with persons
concerned with Park issues relating to the North Unit or
South Unit. The Commission shall record all minutes and
resolutions of the Commission and make such records
available to the public upon request.
(g) ADMINISTRATIVE DIRECTOR.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Commission, shall employ an Adminis-
trative Director for the Commission and define the
duties of the Administrative Director. The Adminis-
trative Director shall be paid at a rate not to exceed
the annual rate of basic pay payable for grade GS–
12 of the General Schedule under subchapter IV of
chapter 53 of title 5, United States Code, without
regard to—
(A) the provisions of title 5, United States
Code, governing appointments in the competi-
tive service; and
(B) the provisions of chapter 51, and sub-
chapter III of chapter 52 of that title relating
to classification and General Schedule pay
rates.
(2) OFFICE.—The office and staff of the Ad-
ministrative Director shall be located at such loca-
tion as the Secretary considers appropriate.
(h) SUPPORT SERVICES.—The Administrator of Gen-
eral Services shall provide to the Commission, on a
nonreimbursable basis, such administrative support serv-
ices as the Commission, in consultation with the Secretary,
may request.
(i) EXPENSES.—Members of the Commission who are
not otherwise employed by the Federal Government, while
away from their homes or regular places of business in
the performance of services for the Commission, shall be
allowed travel and all other related expenses, including per
diem in lieu of subsistence, in the same manner as persons
employed intermittently in Government service are allowed
expenses under section 5703 of title 5, United States
Code.
(j) APPLICABILITY OF FEDERAL ADVISORY ACT.—
Except with respect to any requirement for reissuance of
a charter, and except as otherwise provided in this Act,
the provisions of the Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Commission established
under this Act.
SEC. 9. FUNDRAISER AGREEMENTS WITH NONPROFIT COR-
PORATIONS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Cheyenne River Sioux Tribe and the Og-
lala Sioux Tribe, or a designated agency or authority of
either tribe, may, with the approval of the Secretary, enter
into an agreement with a nonprofit corporation to raise
funds from private sources to be used in lieu of, or supple-
ment, any Federal funds made available by appropriations
pursuant to the authorization under section 11.
(b) NEW PROJECTS.—The Cheyenne River Sioux
Tribe and the Oglala Sioux Tribe, or a designated agency
or authority of either tribe, shall have the power and au-
thority to enter into a separate agreement with a nonprofit
corporation to—
(1) raise funds from private sources to pay for
all obligations, costs, and fees for professional serv-
ices contracted, incurred, or assumed by the tribe, or
a designated agency or authority of the tribe, that
are related, directly or indirectly, to the development
or establishment of the Park; and
(2) raise funds from private sources to plan, de-
sign, construct, operate, maintain, and replace—
(A) an international amphitheater dedi-
cated to the Indigenous Peoples of the Americas
to be located at or near the Wounded Knee
Massacre site, which, if constructed, shall be-
come the permanent home of the Francis Jan-
sen sculpture; and
(B) any other project that the Cheyenne
River Sioux Tribe or the Oglala Sioux Tribe
may, in consultation with the Secretary, choose
to include within the North Unit or South Unit.
SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.
The appropriate official of any Federal entity that
conducts or supports activities that directly affect the
Park shall consult with the Secretary and the Cheyenne
River Sioux Tribe and the Oglala Sioux Tribe with respect
to such activities to minimize any adverse effects on the
Park.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
SEC. 12. RULE OF STATUTORY CONSTRUCTION.
Nothing contained in this Act is intended to abrogate,
modify, or impair any rights or claims of the Cheyenne
River Sioux Tribe or Oglala Sioux Tribe, that are based
on any treaty, Executive order, agreement, Act of Con-
gress, or other legal basis.
Æ
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HR 877 IH——3