[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