[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1338 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1338

To expand and enhance the Little Bighorn Battlefield National Monument.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2001

 Mr. Campbell introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To expand and enhance the Little Bighorn Battlefield National Monument.

    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 ``Little Bighorn Battlefield National 
Monument Enhancement Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The following events were key in the creation of the 
        Little Bighorn Battlefield National Monument:
                    (A) On June 25 and 26, 1876, a historic battle 
                between the United States Seventh Cavalry, led by 
                General George Armstrong Custer, and an opposing force 
                of Arapaho, Northern Cheyenne, and Lakota Indians, was 
                fought near the Little Bighorn River in southern 
                Montana.
                    (B) On August 1, 1879, the battlefield was 
                officially recognized and designated as a national 
                cemetery under General Order No. 78, Headquarters of 
                the Army.
                    (C) On December 7, 1886, Executive Order No. 337443 
                established the boundary, approximately one mile 
                square, for the National Cemetery of Custer's 
                Battlefield Reservation.
                    (D) On April 14, 1926, the Reno-Benteen Battlefield 
                was acquired by an Act of Congress (44 Stat. 168), and 
                the Army was ordered to take charge of the site.
                    (E) On April 15, 1930, by an Act of Congress (46 
                Stat. 168), all rights, titles and privileges of the 
                Crow tribe, from whose reservation the battlefield site 
                was carved, were granted to the United States.
                    (F) On August 10, 1939, a public historical museum 
                was authorized (53 Stat. 1337).
                    (G) On June 3, 1940, Executive Order No. 8428 
                transferred management of the area to the National Park 
                Service, Department of the Interior.
                    (H) On March 22, 1946, by an Act of Congress 
                (Public Law 79-332) the area was redesignated, Custer 
                Battlefield National Monument.
                    (I) On January 3, 1991, by an Act of Congress 
                (Public Law 102-201), Custer Battlefield National 
                Monument was redesignated as Little Bighorn Battlefield 
                National Monument (referred to in this Act as the 
                ``Monument''), and an Indian memorial was authorized.
            (2) The current total size of the Monument is 765.34 acres. 
        This includes the areas immediately surrounding the cemetery 
        and a separate area, the Reno-Benteen Battlefield, a few miles 
        from the cemetery. There are additional sites of historical 
        interest related to the 1876 battle that are not contained 
        within the boundaries of the Monument as it is presently 
        constituted.
            (3) The United States has a tradition of preserving the 
        sites of historic battles, in the conviction that such ground 
        is hallowed by the sacrifices of those who gave their lives in 
        conflict, and in the hope that understanding the events of our 
        past, especially tragic events, helps us to understand the 
        people we have become. A necessary part of this preserving and 
        honoring is attempting, as much as is possible, to maintain the 
        appearance of the places where these struggles occurred as the 
        participants would have experienced them.
            (4) The area surrounding the Monument has seen markedly 
        increased commercial development in recent years. Such 
        development not only threatens to intrude on the experience of 
        visitors to the Monument, but in many instances the development 
        has actually taken place directly on sites of historical 
        importance, irrevocably altering physical features of the 
        landscape that are crucial for understanding what took place at 
        the Battle of the Little Bighorn.
            (5) It is in the interest of the United States to preserve 
        the integrity of the site of the Battle of the Little Bighorn, 
        an event of lasting significance for the United States and for 
        the sovereign Indian nations. In order to preserve this 
        historical treasure, it is imperative that additional lands 
        surrounding the Monument be set aside and given protected 
        status or be made part of the Monument itself.
            (6) All areas of the Monument, as well as the other areas 
        of historical interest, are completely contained within the 
        external boundaries of the Crow Indian Reservation.
            (7) There is every indication that additional land and 
        facilities are available for inclusion in the Monument through 
        either voluntary conveyance or by gift or donation from private 
        individuals and entities.
    (b) Purposes.--It is the purpose of this Act--
            (1) to establish a cooperative and collaborative process 
        for expanding and enhancing the Monument;
            (2) to ensure that the process established by this Act 
        reflects the social, historical and cultural concerns of the 
        Indian tribes participating in such processes in a manner 
        consistent with the long-standing Federal policy to encourage 
        tribal self-determination; and
            (3) to ensure that the resources within the Monument are 
        protected and enhanced by--
                    (A) providing for partnerships between the Crow 
                Tribe, the National Park Service, and the Native 
                American Tribes who participated in the Battle of 
                Little Bighorn; and
                    (B) encouraging private individuals and entities to 
                donate land and facilities to the Monument.

SEC. 3. LITTLE BIGHORN BATTLEFIELD NATIONAL MONUMENT ENHANCEMENT 
              COMMITTEE.

    (a) In General.--There is established a committee to be known as 
the ``Little Bighorn Battlefield National Monument Enhancement 
Committee'' (referred to in this section as the ``Committee'').
    (b) Composition.--The Committee shall be composed of--
            (1) 1 member appointed by the Secretary of Interior to 
        represent the Department of Interior;
            (2) 3 members appointed by the Secretary of Interior to 
        represent the Native American tribes who participated in the 
        Battle of Little Bighorn; and
            (3) 1 member appointed by the Crow Indian tribe.
    (c) Administrative Provisions.--
            (1) Quorum; meetings.--Three members of the Committee shall 
        constitute a quorum. The Committee shall act and provide advise 
        by the affirmative vote of a majority of the members voting at 
        a meeting at which a quorum is present. The Committee shall 
        meet on a regular basis. Notice of meetings and the agenda 
        shall be published in local newspapers which have a 
        distribution which generally covers the area affected by the 
        Monument. Committee meetings shall be held at locations and in 
        such a manner as to ensure adequate public involvement.
            (2) Advisory functions.--The Committee shall advise the 
        Secretary to ensure that the Monument, its resources and 
        landscape, is sensitive to the history being portrayed and 
        artistically commendable.
            (3) Technical staff.--In order to provide staff support and 
        technical services to assist the Committee in carrying out its 
        duties under this Act, upon the request of the Committee, the 
        Secretary of the Interior is authorized to detail any personnel 
        of the National Park Service to the Committee.
            (4) Compensation.--Members of the Committee shall serve 
        without compensation but shall be entitled to travel expenses, 
        including per diem in lieu of subsistence, in the same manner 
        as persons employed intermittently in Government service under 
        section 5703 of title 5, United States Code.
            (5) Charter.--The provisions of section 14(b) of the 
        Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 
        776), are hereby waived with respect to the Committee.
    (d) Duties.--The Committee shall--
            (1) maintain a registry of facilities and land that may be 
        offered by private individuals and entities by gift, sale, 
        transfer, or other voluntary conveyance for inclusion in the 
        Monument;
            (2) by a majority vote determined whether some or all of a 
        parcel of land or facility listed on the registry under 
        paragraph (1) is appropriate for inclusion as a part of the 
        Monument; and
            (3) in the case of a positive recommendation under 
        subparagraph (A), provide advise to the Secretary on--
                    (A) whether the land or facility involved may be 
                available for no or nominal consideration or under what 
                terms and conditions the owner of such land or facility 
                would be willing to transfer such land or facility for 
                inclusion in the Monument for no or nominal 
                consideration; or
                    (B) whether the Committee recommends the use of the 
                Fund established under section 5 to acquire such land 
                or facility.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this act shall be construed to limit or impair the 
jurisdiction or authority of the Crow Indian tribe.

SEC. 5. ESTABLISHMENT OF FUND.

    There is established in the Treasury of the United States a fund to 
be known as the ``Little Bighorn Battlefield National Monument 
Enhancement Fund''. The Fund shall be used as provided for in section 
3(d)(3)(B) and shall include--
            (1) all amounts appropriated to the Fund; and
            (2) all amounts donated to the Fund.
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