[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2435 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Knee National Memorial Park
and Memorial Establishment Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) in December 1890, approximately 350-75 Sioux men, women
and children under the leadership of Chief Big Foot journeyed
from the Cheyenne River Indian Reservation to the Pine Ridge
Indian Reservation on the invitation of Chief Red Cloud to help
make peace between Indians and non-Indians;
(2) the journey of Chief Big Foot and his band of
Minneconjou Sioux occurred during the Ghost Dance period when
extreme hostility existed between Sioux Indians and non-Indians
residing near the Sioux reservations, and the United States
Army assumed control of the Sioux reservations;
(3) Chief Big Foot and his band were intercepted on the
Pine Ridge Indian Reservation at Porcupine Butte by Major
Whitside, and surrendered unconditionally under a white flag of
truce and were escorted to Wounded Knee Creek where Colonel
Forsyth assumed command;
(4) on December 29, 1890, an incident occurred in which
soldiers under Colonel Forsyth's command killed and wounded
over 300 members of Chief Big Foot's band, almost all of whom
were unarmed and entitled to protection of their rights to
property, person and life under Federal law (see 19 Stat. 254,
Art. 8);
(5) the 1890 Wounded Knee Massacre is a historically
significant event in that it marks the last military encounter
of the Indian wars period;
(6) the Congress apologized to the Sioux people for the
1890 Massacre in Senate Concurrent Resolution No. 153 of the
101st Congress and stated therein that Congress:
(A) ``expresses its support for the establishment
of a suitable and appropriate Memorial to those who
were so tragically slain at Wounded Knee which could
inform the American public of the historic significance
of the events at Wounded Knee and accurately portray
the heroic and courageous campaign waged by the Sioux
people to preserve and protect their lands and their
way of life during this period''; and
(B) ``hereby expresses its commitment to
acknowledge and learn from our history, including the
Wounded Knee Massacre, in order to provide a proper
foundation for building an ever more humane,
enlightened, and just society for the future'';
(7) the Wounded Knee Massacre site and sites relating to
the 1890 Wounded Knee Massacre on the Cheyenne River Indian
Reservation and Pine Ridge Indian Reservation are nationally,
significant cultural and historic sites that must be protected
through the designation of the sites as a national memorial
park; and
(8) the Wounded Knee Massacre is a nationally significant
event that must be memorialized through the erection of a
suitable and appropriate memorial to the Indian victims.
(b) Purposes.--The Congress declares that the purposes of this Act
are to--
(1) establish the Chief Big Foot National Memorial Park
consisting of--
(A) the 1890 Wounded Knee Massacre site, and sites
relating to the massacre located on the Pine Ridge
Indian Reservation, which shall be referred to as the
``south unit''; and
(B) sites relating to the 1890 Wounded Knee
Massacre located on the Cheyenne River Indian
Reservation, which shall be referred to as the ``north
unit'';
(2) erect suitable and appropriate structures within the
national memorial park to memorialize the Indian victims of the
1890 Wounded Knee Massacre; and
(3) authorize feasibility studies to--
(A) establish Chief Big Foot's route from the
Cheyenne River Indian Reservation to Wounded Knee as a
national historic trail;
(B) establish visitor centers on Interstate 90 at
Cactus Flats and on the Cheyenne River Indian
Reservation; and
(C) establish a scenic two-lane highway called the
``Crazy Horse Memorial Highway'' from Interstate 90 to
Wounded Knee, and westward from Wounded Knee to Highway
79.
SEC. 3. ESTABLISHMENT OF WOUNDED KNEE NATIONAL MEMORIAL PARK.
(a) Establishment.--There is established a national memorial park
to be known as the ``Wounded Knee National Memorial Park''. The park
shall consist of all tribal lands acquired by the Secretary for that
purpose pursuant to sections 4 and 5.
(b) Effective Date.--Subsection (a) shall take effect on the date
of publication by the Secretary, pursuant to section 4, of a notice
that the Secretary has accepted the leasehold interests that meet the
requirements of this Act.
SEC. 4. ACQUISITION OF LANDS FOR WOUNDED KNEE NATIONAL MEMORIAL PARK.
(a) Authority of Secretary.--(1) If not later than 36 months after
the date of enactment of this Act, the Oglala Sioux Tribe, after
consultation with the Bureau of Indian Affairs, offers to the Secretary
a leasehold interest in tribal trust lands located on the Pine Ridge
Indian Reservation meeting the requirements of this Act, the Secretary
shall accept such leasehold on behalf of the National Park Service and
publish in the Federal Register a notice of such acceptance.
(2) Within 12 months after the date the Secretary first accepts a
leasehold interest in trust lands on the Pine Ridge Indian Reservation
under paragraph (1), the Cheyenne River Sioux Tribe, after consultation
with the Secretary, may offer to the Secretary a leasehold interest in
tribal trust lands located on the Cheyenne River Indian Reservation
meeting the requirements of this Act. The Secretary shall accept such
leasehold on behalf of the National Park Service and publish in the
Federal Register a notice of such acceptance.
(b) Requirements for Acceptance of Leasehold Interests.--The
Secretary shall accept a leasehold of any tribally owned lands under
subsection (a) of this section if such leasehold--
(1) would continue for a period of at least 99 years;
(2) would require no rentals or other payments by the
United States to the Cheyenne River Sioux Tribe, the Oglala
Sioux Tribe, or any other party, except for the allocation of
fees as provided in section 5(d)(2)(A); and
(3) would be applicable to--
(A) no less than 40 acres located within the Pine
Ridge Indian Reservation, including but not limited to
the Wounded Knee Massacre grave site and other lands
identified in the 1990 boundaries studies authorized by
the National Park Service, as the Director of the
National Park Service, in consultation with the Oglala
Sioux Tribal Council, would deem necessary to include
in the park; and
(B) no less than 40 acres located within the
Cheyenne River Indian Reservation, including but not
limited to sites related to the 1890 Wounded Knee
Massacre, as the Director of the National Park Service,
in consultation with the Cheyenne River Tribal Council,
would deem necessary to include in the park.
(c) Buffer Zone.--The Secretary shall establish, in consultation
with the Cheyenne River Sioux Tribal Council or the Oglala Sioux Tribal
Council, a buffer zone around the tribal lands leased to the Secretary
under subsection (b).
(d) Acquisition of Privately Held Lands.--(1) The Secretary may
acquire by purchase, donation, condemnation, or otherwise, all surface
and subsurface rights to any tract of fee patented land which the
Director of the National Park Service, in consultation with the Oglala
Sioux Tribal Council, shall deem necessary to include in the park
located within the Pine Ridge Indian Reservation. All lands acquired by
the Secretary under this subsection shall be taken in the name of the
United States in trust for the Oglala Sioux Tribe and shall be subject
to lease under subsections (a)(1) and (b).
(2) The Secretary shall provide all assistance necessary, including
financial assistance, to the Oglala Sioux Tribe in acquiring lands
within the Wounded Knee Massacre site as defined in the 1990 boundaries
studies authorized by the National Park Service. Financial assistance
shall include all costs associated with the relocation of businesses,
homes and other structures of persons who may wish to sell or exchange
their lands with the tribe. All lands acquired by the tribe pursuant to
this section shall be taken in the name of the United States in trust
for the Oglala Sioux Tribe. The period of trust on all lands acquired
by the tribe shall continue until otherwise provided by Congress.
(e) Map.--As soon as possible after the publication of the first
notice of acceptance pursuant to subsection (a), the Secretary shall
prepare a map of the park and shall provide copies of such map to the
Committee on Natural Resources of the House of Representatives, the
Committee on Energy and Natural Resources and the Committee on Indian
Affairs of the Senate, the Cheyenne River Sioux Tribe, and the Oglala
Sioux Tribe.
(f) Boundary Adjustments.--The Secretary, after consultation with
the Advisory Commission and with the agreement of the Cheyenne River
Sioux Tribal Council and the Oglala Sioux Tribal Council, may make
minor revisions in the boundary of the park. Prior to making any such
revision, the Secretary shall provide notice of the proposed changes in
the boundary to the Committee on Natural Resources of the House of
Representatives, the Committee on Energy and Natural Resources and the
Committee on Indian Affairs of the Senate, the Cheyenne River Sioux
Tribe, and the Oglala Sioux Tribe. No such revision shall take effect
until after the expiration of 60 days following the date on which such
notice was provided to such committees and tribes. After the effective
date of any such revision, the Secretary shall prepare a revised map of
the park, copies of which shall be provided to such committees, the
Cheyenne River Sioux Tribe, and the Oglala Sioux Tribe.
SEC. 5. MANAGEMENT.
(a) Purposes.--(1) The Secretary, acting through the Director of
the National Park Service, and in consultation with the Advisory
Commission, shall manage the lands covered by any leasehold accepted by
the Secretary pursuant to section 3 as a unit of the National Park
System consistent with the provisions of this Act, and the Act of
August 25, 1916 (16 U.S.C. 1 et seq.) and the Act of August 21, 1935
(16 U.S.C. 461).
(2) The Secretary shall protect, manage and administer the park for
all the purposes contained in this Act, and particularly for the
purpose of protecting the historical significance of the 1890 Wounded
Knee Massacre site, and protecting and promoting Sioux history and
culture.
(3) In implementing this Act, the Secretary shall fully cooperate
with the Cheyenne River Sioux Tribe and Oglala Sioux Tribe.
(b) Jurisdiction.--(1) The Secretary may enter into agreements,
including cross deputization agreements, with the Cheyenne River Sioux
Tribe and the Oglala Sioux Tribe for the purpose of law enforcement
within the park.
(2) Nothing contained in this Act is intended to increase the
criminal and civil jurisdiction of the State of South Dakota on the
Cheyenne River Indian Reservation or the Pine Ridge Indian Reservation.
(3) Nothing contained in this Act is intended to increase the
criminal or civil jurisdiction of the Cheyenne River Sioux Tribe over
the Pine Ridge Indian Reservation or the criminal or civil jurisdiction
of the Oglala Sioux Tribe over the Cheyenne River Indian Reservation.
(c) Consultation.--The Secretary, acting through the Director of
the National Park Service, shall consult not less than 4 times each
year with the Advisory Commission. The Advisory Commission shall advise
the Secretary on the management, operation and maintenance of the park.
(d) Fees.--(1) All enrolled members of the--
(A) Cheyenne River Sioux Tribe;
(B) Crow Creek Sioux Tribe;
(C) Devils Lake Sioux Tribe;
(D) Flandreau Santee Sioux Tribe;
(E) Lower Brule Sioux Tribe;
(F) Lower Sioux Tribe of Minnesota;
(G) Oglala Sioux Tribe;
(H) Prairie Island Sioux Tribe of Minnesota;
(I) Rosebud Sioux Tribe;
(J) Shakopee-Mdewakanton Sioux Tribe of Minnesota;
(K) Sisseton-Wahpeton Sioux Tribe;
(L) Standing Rock Sioux Tribe;
(M) Santee Sioux Tribe of Nebraska;
(N) Sioux Tribe of the Fort Peck Reservation;
(O) Upper Sioux Tribe of Minnesota;
(P) Yankton Sioux Tribe; and
(Q) Sioux Tribes of Canada
shall be exempt from the payment of any fees for admission into the
park.
(2) The Secretary shall collect the admission fee from all other
persons entering the park. All fees collected shall be disbursed yearly
to the Cheyenne River Sioux Tribe and Oglala Sioux Tribe on a
proportional basis as follows:
(A) An equivalent yearly lease payment shall be paid to
each tribe for tribal lands leased to the Secretary under
section 4.
(B) The remainder of each tribe's respective share shall be
paid to the Cheyenne River Sioux Tribal College and the Oglala
Lakota College to be used for scholarships for tribal members
attending such colleges.
(e) Training.--In furtherance of the purposes stated in section
2(b), and after consultation with the Advisory Commission, the
Secretary is authorized to enter into cooperative agreements with the
Cheyenne River Sioux Tribe and the Oglala Sioux Tribe for the purpose
of providing training to tribal members on the interpretation,
management, protection and preservation of historical properties and in
the provision of public services on the Cheyenne River Indian
Reservation and the Pine Ridge Indian Reservation needed for the
fulfillment of the purposes of this Act.
(f) Preference.--To the extent feasible and permissible under
existing law, the Secretary shall give preference to employing
qualified members of the Cheyenne River Sioux Tribe and the Oglala
Sioux Tribe in the development, interpretation and management of the
park, and in carrying out other activities related to the park.
SEC. 6. ESTABLISHMENT OF WOUNDED KNEE NATIONAL MEMORIAL; FEASIBILITY
STUDIES.
(a) Establishment of Wounded Knee National Memorial.--The
Secretary, after consultation with the Wounded Knee Survivors
Associations of the Cheyenne River Indian Reservation and the Pine
Ridge Indian Reservation, shall plan, design, and construct a suitable
and appropriate memorial dedicated to the Indian victims of the 1890
Wounded Knee Massacre. The memorial shall be known as the ``Wounded
Knee National Memorial'' and shall consist of--
(1) a structure located within the boundaries of the south
unit of the park; and
(2) a related structure located within the boundaries of
the north unit of the park.
(b) Upkeep and Repair of Memorial and Related Structure.--The
Secretary, acting through the Director of the National Park Service,
and in consultation with the Advisory Commission, shall be responsible
for the operation, maintenance, upkeep, and repair of the memorial, and
the related structure located on the Cheyenne River Reservation.
(c) Feasibility Studies for Chief Big Foot National Historical
Trail, Cactus Flats/Cheyenne River Indian Reservation Visitor Centers,
and Crazy Horse Memorial Highway.--(1) The Secretary, after
consultation with the Advisory Commission, shall complete feasibility
studies to--
(A) establish and mark the route taken by Chief Big Foot
and his band from the Cheyenne River Reservation to Wounded
Knee as a national historic trail;
(B) establish an information/orientation center on
Interstate 90 at Cactus Flats and a visitor center on the
Cheyenne River Indian Reservation; and
(C) build a scenic two lane highway called the ``Crazy
Horse Memorial Highway'' from Interstate 90 to Wounded Knee,
and westward from Wounded Knee to Highway 79.
(2) The feasibility studies required under paragraph (1) shall be
completed and submitted to Congress within 365 days following the date
of enactment of this Act.
SEC. 7. FEDERAL CONSISTENCY.
(a) Federal Actions.--The head of any Federal agency conducting or
supporting activities directly or indirectly affecting the park shall--
(1) consult with, cooperate with, and, to the maximum
extent practicable, coordinate its activities with, the
Secretary and the Advisory Commission; and
(2) conduct or support such activities in a manner which--
(A) to the maximum extent practicable is consistent
with the standards and criteria established pursuant to
the park plan required by section 9; and
(B) will not have a significant adverse effect on
the resources or values of the park, as determined by
the Secretary.
(b) Permits.--No Federal agency may issue any license or permit to
any persons to conduct any activity within the park which could affect
the resources or values of the park unless the Secretary determines
that any such proposed activity within the park will be conducted in a
manner consistent with the standards and criteria established pursuant
to the park plan, and wherever occurring will not have a significant
adverse effect on the resources or values of the park.
(c) Limitation.--The provisions of this section shall apply only
with respect to activities commencing and licenses or permits issued
after the date of enactment of this Act.
SEC. 8. ESTABLISHMENT OF WOUNDED KNEE NATIONAL MEMORIAL PARK ADVISORY
COMMISSION.
(a) Establishment.--(1) There is established within the Department
of the Interior a commission to be known as the ``Wounded Knee National
Memorial Park Advisory Commission'' which shall advise regularly the
Director of the National Park Service on the planning, management, and
administration of the park. The Advisory Commission shall consist of
the President of the Cheyenne River Sioux Tribe; the President of the
Oglala Sioux Tribe; the Governor of the State of South Dakota; the
President of the Wounded Knee District Council; the President of the
Wounded Knee Sub-community; the President of the Cheyenne River Wounded
Knee Survivors Association; the President of the Pine Ridge Wounded
Knee Survivors Association; the Director of the National Park Service;
the Secretary of the Smithsonian Institution; the State Historic
Preservation Officers of the States of Nebraska and South Dakota (or
their designees); and two members appointed by the Secretary from
recommendations made by the Cheyenne River Sioux Tribal Council and the
Oglala Sioux Tribal Council.
(2) The Advisory Commission may employ an administrative director
who shall be appointed by the Advisory Commission and paid at a rate
not to exceed the rate of pay payable for grade GS-12 of the General
Schedule.
(3) The administrative director of the Advisory Commission may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 1, and subchapter III
of chapter 52 of such title relating to classification and General
Schedule pay rates, except that the individual so appointed may not
receive pay in excess of the annual rate of basic pay payable for grade
GS-12 of the General Schedule.
(4) The Administrator of General Services shall provide to the
Advisory Commission on a reimbursable basis such administrative support
services as the Advisory Commission may request.
(b) Terms.--The terms of members of the Advisory Commission
appointed by the Secretary from recommendations made by the Cheyenne
River Sioux Tribal Council and the Oglala Sioux Tribal Council shall be
four years, except that a member may continue to serve until a
successor is appointed. A vacancy in the Advisory Commission shall be
filled in the manner in which the original appointment was made. The
Advisory Commission shall exist for the duration of the leasehold
accepted by the Secretary pursuant to section 3, and any extension or
renewals thereof.
(c) Expenses.--The non-Federal members of the Advisory Commission
appointed pursuant to subsection (a) while away from their homes or
regular places of business in the performance of services for the
Advisory 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.
(d) Chair.--The offices of Chair and Vice Chair of the Advisory
Commission shall be rotated between the Presidents of the Cheyenne
River Sioux Tribe and the Oglala Sioux Tribe on a year-to-year basis.
(e) Meetings.--The Advisory Commission shall meet at the call of
the Chair or a majority of its members. Consistent with the public
meeting requirements of the Federal Advisory Committee Act, the
Advisory Commission shall from time to time meet with persons concerned
with park issues relating to the Cheyenne River Sioux Tribe and the
Oglala Sioux Tribe. The nontribal members of the Advisory Commission
shall not participate in the selection of the administrative director
employed under paragraph (2) of subsection (a), or in such other
matters as the Secretary determines should be restricted to tribal
members.
(f) Application of Federal Advisory Committee 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 shall apply to the Advisory Commission.
SEC. 9. PARK PLAN.
(a) Deadline.--No later than 2 years after the date of the
publication of a notice pursuant to section 4(a), the Secretary, acting
through the Director of the National Park Service, and in consultation
with the Advisory Commission, shall develop and transmit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on Indian
Affairs of the Senate, a general management plan for the park which
shall describe the appropriate uses and development of the park
consistent with the purposes of this Act.
(b) Elements.--The park plan shall include (but not be limited to)
the following:
(1) Plans to restore the 1890 Wounded Knee Massacre site to
its original condition at the time of the massacre, including
the removal of all buildings and structures that have no
historical significance.
(2) Plans to restore sites associated with the 1890 Wounded
Knee Massacre on the Cheyenne River Indian Reservation to their
original condition, including the removal of all buildings and
structures that have no historical significance.
(3) Plans for implementation of a continuing program of
public involvement, interpretation, and visitor education about
the resources and value of the park.
(4) Proposals for visitor use facilities to be developed
for the park.
(5) Plans for management of the natural and cultural
resources of the park, giving high priority to the enforcement
of the provisions of the National Historic Preservation Act (16
U.S.C. 470 et seq.) within the park. The natural and cultural
resources management plans shall be prepared in close
consultation with the South Dakota and Nebraska State Historic
Preservation Offices, the Cheyenne River Sioux Tribe, and the
Oglala Sioux Tribe.
(6) Proposals for training members of the Cheyenne River
Sioux Tribe and the Oglala Sioux Tribe in such fields as
interpretation, management, and artifact curation.
(7) A plan to protect the religious sanctity of the Wounded
Knee Massacre site.
(8) Proposals for cooperation, research and interpretation
programs within the national memorial park to be carried out by
the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe
through their respective tribal colleges, with technical and
financial assistance from the National Park Service.
(9) Proposals for implementing the provisions of this Act
relating to the operation and supply of park concessions by
qualified Sioux-owned businesses operating outside of, but
adjacent to the boundaries of the park as provided in this Act.
SEC. 10. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into cooperative
agreements with tribal organizations or nonprofit corporations to raise
funds from private sources to supplement Federal funds authorized under
this Act.
(b) New Projects.--The Secretary may enter into a cooperative
agreement with the Tribe or its designated agency or authority or, with
the Tribe's approval, a non-profit corporation, to raise private funds
to plan, design, construct, operate and maintain the following
projects:
(1) An amphitheater dedicated to the indigenous peoples of
the Americas to be located at the Wounded Knee Massacre site
within the park, which shall become the permanent home of the
Francis Jansen sculpture.
(2) A replica of Chief Big Foot's encampment to be located
at the Wounded Knee Massacre site within the park.
(3) A museum and cultural center to be located on the
Cheyenne River Reservation within the park.
(4) A museum and cultural center to be located at the
Wounded Knee Massacre site within the park.
(5) Meditation gardens and related structures to be located
within the park.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
SEC. 12. DEFINITIONS.
As used in this Act--
(1) the term ``Advisory Commission'' means the Wounded Knee
National Memorial Park Advisory Commission established under
section 8;
(2) the term ``buffer zone'' means an area of not less than
220 yards around each tract of land leased to the Secretary
under section 4 of this Act in which no commercial development
or high-rise structures shall be allowed;
(3) the term ``memorial'' means the Wounded Knee National
Memorial established under section 6;
(4) the term ``park'' means lands constituting the Wounded
Knee National Memorial Park established under section 3;
(5) the term ``park plan'' means the general management
plan developed under section 9; and
(6) the term ``Secretary'' means the Secretary of the
Interior.
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HR 2435 IH----2