[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 493 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 493

To provide for the establishment of a Sioux Nation Economic Development 
                                Council.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2001

  Mr. Daschle (for himself and Mr. Johnson) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of a Sioux Nation Economic Development 
                                Council.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SIOUX NATION ECONOMIC DEVELOPMENT COUNCIL.

    Title IV of the Omnibus Indian Advancement Act (Public Law 106-568) 
is amended--
            (1) in section 401--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) the establishment of a Native American Economic 
        Development Council will assist in promoting economic growth 
        and reducing poverty on reservations of the Sioux Nation by--
                    ``(A) coordinating economic development efforts;
                    ``(B) centralizing expertise concerning Federal 
                assistance; and
                    ``(C) facilitating the raising of funds from 
                private donations to meet matching requirements under 
                certain Federal assistance programs.''; and
            (2) by adding at the end the following:

        ``Subtitle C--Sioux Nation Economic Development Council

``SEC. 431. ESTABLISHMENT OF SIOUX NATION ECONOMIC DEVELOPMENT COUNCIL.

    ``(a) Establishment.--There is established the Sioux Nation 
Economic Development Council (in this subtitle referred to as the 
`Council') as a part of the Wakpa Sica Reconciliation Place. The 
Council shall be a charitable and nonprofit corporation and shall not 
be considered to be an agency or establishment of the United States.
    ``(b) Purposes.--The purposes of the Council are--
            ``(1) to encourage, accept, and administer private gifts of 
        property;
            ``(2) to use those gifts as a source of matching funds 
        necessary to receive Federal assistance;
            ``(3) to provide members of Indian tribes with the skills 
        and resources necessary for establishing successful businesses;
            ``(4) to provide grants and loans to members of Indian 
        tribes to establish or operate small businesses;
            ``(5) to provide scholarships for members of Indian tribes 
        who are students pursuing an education in business or a 
        business-related subject; and
            ``(6) to provide technical assistance to Indian tribes and 
        members thereof in obtaining Federal assistance.

``SEC. 432. BOARD OF DIRECTORS OF THE COUNCIL.

    ``(a) Establishment and Membership.--
            ``(1) In general.--The Council shall have a governing Board 
        of Directors (in this subtitle referred to as the `Board').
            ``(2) Membership.--The Board shall consist of 11 directors, 
        who shall be appointed by the Secretary as follows:
                    ``(A)(i) Nine members appointed under this 
                paragraph shall represent the 9 reservations of South 
                Dakota.
                    ``(ii) Each member described in clause (i) shall--
                            ``(I) represent 1 of the reservations 
                        described in clause (i); and
                            ``(II) be selected from among nominations 
                        submitted by the appropriate Indian tribe.
                    ``(B) One member appointed under this paragraph 
                shall be selected from nominations submitted by the 
                Governor of South Dakota.
                    ``(C) One member appointed under this paragraph 
                shall be selected from nominations submitted by the 
                most senior member of the South Dakota Congressional 
                delegation.
            ``(3) Citizenship.--Each member of the Board shall be a 
        citizen of the United States.
    ``(b) Appointments and Terms.--
            ``(1) Appointment.--Not later than December 31, 2001, the 
        Secretary shall appoint the directors of the Board under 
        subsection (a)(2).
            ``(2) Terms.--Each director shall serve for a term of 2 
        years.
            ``(3) Vacancies.--A vacancy on the Board shall be filled 
        not later than 60 days after that vacancy occurs, in the manner 
        in which the original appointment was made.
            ``(4) Limitation on terms.--No individual may serve more 
        than 3 consecutive terms as a director.
    ``(c) Chairman.--The Chairman shall be elected by the Board from 
its members for a term of 2 years.
    ``(d) Quorum.--A majority of the members of the Board shall 
constitute a quorum for the transaction of business.
    ``(e) Meetings.--The Board shall meet at the call of the Chairman 
at least once a year. If a director misses 3 consecutive regularly 
scheduled meetings, that individual may be removed from the Board by 
the Secretary and that vacancy filled in accordance with subsection 
(b)(3).
    ``(f) Reimbursement of Expenses.--Members of the Board shall serve 
without pay, but may be reimbursed for the actual and necessary 
traveling and subsistence expenses incurred by them in the performance 
of the duties of the Council in accordance with section 434(a).
    ``(g) General Powers.--
            ``(1) Powers.--The Board may complete the organization of 
        the Council by--
                    ``(A) appointing officers and employees;
                    ``(B) adopting a constitution and bylaws consistent 
                with the purposes of the Council under this subtitle; 
                and
                    ``(C) carrying out such other actions as may be 
                necessary to carry out the purposes of the Council 
                under this subtitle.
            ``(2) Effect of appointment.--Appointment to the Board 
        shall not constitute employment by, or the holding of an office 
        of, the United States for the purposes of any Federal law.
            ``(3) Limitations.--The following limitations shall apply 
        with respect to the appointment of officers and employees of 
        the Council:
                    ``(A) Officers and employees may not be appointed 
                until the Council has sufficient funds to pay them for 
                their service.
                    ``(B) Officers and employees of the Council--
                            ``(i) shall be appointed without regard to 
                        the provisions of title 5, United States Code, 
                        governing appointments in the competitive 
                        service; and
                            ``(ii) may be paid without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of such title relating to 
                        classification and General Schedule pay rates.
            ``(4) Secretary of the board.--The first officer or 
        employee appointed by the Board shall be the Secretary of the 
        Board. The Secretary of the Board shall--
                    ``(A) serve, at the direction of the Board, as its 
                chief operating officer; and
                    ``(B) be knowledgeable and experienced in matters 
                relating to economic development and Indian affairs.

``SEC. 433. POWERS AND OBLIGATIONS OF THE COUNCIL.

    ``(a) Corporate Powers.--To carry out its purposes under section 
431(b), the Council shall have, in addition to the powers otherwise 
given it under this subtitle, the usual powers of a corporation acting 
as a trustee under South Dakota law, including the power--
            ``(1) to accept, receive, solicit, hold, administer, and 
        use any gift, devise, or bequest, either absolutely or in 
        trust, of real or personal property or any income therefrom or 
        other interest therein;
            ``(2) to acquire by purchase or exchange any real or 
        personal property or interest therein;
            ``(3) unless otherwise required by the instrument of 
        transfer, to sell, donate, lease, invest, reinvest, retain, or 
        otherwise dispose of any property or income therefrom;
            ``(4) to borrow money and issue bonds, debentures, or other 
        debt instruments;
            ``(5) to sue and be sued, and complain and defend itself in 
        any court of competent jurisdiction, except that the directors 
        shall not be personally liable, except for gross negligence;
            ``(6) to enter into contracts or other arrangements with 
        public agencies and private organizations and persons and to 
        make such payments as may be necessary to carry out its 
        function; and
            ``(7) to carry out any action that is necessary and proper 
        to carry out the purposes of the Council.
    ``(b) Other Powers and Obligations.--
            ``(1) In general.--The Council--
                    ``(A) shall have perpetual succession;
                    ``(B) may conduct business throughout the several 
                States, territories, and possessions of the United 
                States and abroad;
                    ``(C) shall have its principal offices in South 
                Dakota; and
                    ``(D) shall at all times maintain a designated 
                agent authorized to accept service of process for the 
                Council.
            ``(2) Service of notice.--The serving of notice to, or 
        service of process upon, the agent required under paragraph 
        (1)(D), or mailed to the business address of such agent, shall 
        be deemed as service upon or notice to the Council.
    ``(c) Seal.--The Council shall have an official seal selected by 
the Board, which shall be judicially noticed.
    ``(d) Certain Interests.--If any current or future interest of a 
gift, devise, or bequest under subsection (a)(1) is for the benefit of 
the Council, the Council may accept the gift, devise, or bequest under 
such subsection, even if that gift, devise, or bequest is encumbered, 
restricted, or subject to beneficial interests of 1 or more private 
persons.

SEC. 434. ADMINISTRATIVE SERVICES AND SUPPORT.

    ``(a) Provision of Services.--The Secretary may provide personnel, 
facilities, and other administrative services to the Council, including 
reimbursement of expenses under section 432(f), not to exceed then 
current applicable Federal Government per diem rates, for a period 
ending not later than 5 years after the date of enactment of this 
subtitle.
    ``(b) Reimbursement.--
            ``(1) In general.--The Council may reimburse the Secretary 
        for any administrative service provided under subsection (a). 
        The Secretary shall deposit any reimbursement received under 
        this subsection into the Treasury to the credit of the 
        appropriations then current and chargeable for the cost of 
        providing such services.
            ``(2) Continuation of certain assistance.--Notwithstanding 
        any other provision of this section, the Secretary is 
        authorized to continue to provide facilities, and necessary 
        support services for such facilities, to the Council after the 
        date specified in subsection (a), on a space available, 
        reimbursable cost basis.

``SEC. 435. VOLUNTEER STATUS.

    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary may accept, without regard to the civil service 
classification laws, rules, or regulations, the services of the 
Council, the Board, and the officers and employees of the Board, 
without compensation from the Secretary, as volunteers in the 
performance of the functions authorized under this subtitle.
    ``(b) Incidental Expenses.--The Secretary is authorized to provide 
for incidental expenses, including transportation, lodging, and 
subsistence to the officers and employees serving as volunteers under 
subsection (a).

``SEC. 436. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY 
              GENERAL FOR EQUITABLE RELIEF.

    ``(a) Audits.--The Council shall be subject to auditing and 
reporting requirements under section 10101 of title 36, United States 
Code, in the same manner as is a corporation under part B of that 
title.
    ``(b) Report.--As soon as practicable after the end of each fiscal 
year, the Council shall transmit to Congress a report of its 
proceedings and activities during such year, including a full and 
complete statement of its receipts, expenditures, and investments.
    ``(c) Relief With Respect to Certain Council Acts or Failure To 
Act.--If the Council--
            ``(1) engages in, or threatens to engage in, any act, 
        practice, or policy that is inconsistent with the purposes of 
        the Council under section 431(b); or
            ``(2) refuses, fails, or neglects to discharge the 
        obligations of the Council under this subtitle, or threatens to 
        do so;
then the Attorney General of the United States may petition in the 
United States District Court for the District of Columbia for such 
equitable relief as may be necessary or appropriate.

``SEC. 437. UNITED STATES RELEASE FROM LIABILITY.

    The United States shall not be liable for any debts, defaults, 
acts, or omissions of the Council, the Board, or the officers or 
employees of the Council. The full faith and credit of the United 
States shall not extend to any obligation of the Council, the Board, or 
the officers or employees of the Council.

``SEC. 438. GRANTS TO COUNCIL; TECHNICAL ASSISTANCE.

    ``(a) Grants.--
            ``(1) In general.--Not less frequently than annually, the 
        Secretary shall award a grant to the Council, to be used to 
        carry out the purposes specified in section 431(b) in 
        accordance with this section.
            ``(2) Grant agreements.--As a condition to receiving a 
        grant under this section, the secretary of the Board, with the 
        approval of the Board, shall enter into an agreement with the 
        Secretary that specifies the duties of the Council in carrying 
        out the grant and the information that is required to be 
        included in the agreement under paragraphs (3) and (4).
            ``(3) Matching requirements.--Each agreement entered into 
        under paragraph (2) shall specify that the Federal share of a 
        grant under this section shall be 80 percent of the cost of the 
        activities funded under the grant. No amount may be made 
        available to the Council for a grant under this section, unless 
        the Council has raised an amount from private persons or State 
        or local government agencies equivalent to the non-Federal 
        share of the grant.
            ``(4) Prohibition on the use of federal funds for 
        administrative expenses.--Each agreement entered into under 
        paragraph (2) shall specify that a reasonable amount of the 
        Federal funds made available to the Council (under the grant 
        that is the subject of the agreement or otherwise), but in no 
        event more that 15 percent of such funds, may be used by the 
        Council for administrative expenses of the Council, including 
        salaries, travel and transportation expenses, and other 
        overhead expenses.
    ``(b) Technical Assistance.--
            ``(1) In general.--Each agency head listed in paragraph (2) 
        shall provide to the Council such technical assistance as may 
        be necessary for the Council to carry out the purposes 
        specified in section 431(b).
            ``(2) Agency heads.--The agency heads listed in this 
        paragraph are as follows:
                    ``(A) The Secretary of Housing and Urban 
                Development.
                    ``(B) The Secretary of the Interior.
                    ``(C) The Commissioner of Indian Affairs.
                    ``(D) The Assistant Secretary for Economic 
                Development of the Department of Commerce.
                    ``(E) The Administrator of the Small Business 
                Administration.
                    ``(F) The Administrator of the Rural Development 
                Administration.

``SEC. 439. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated to 
the Secretary, $10,000,000 for each of fiscal years 2002 through 2006, 
to be used in accordance with section 438.
    ``(b) Additional Authorization.--The amounts authorized to be 
appropriated under this section are in addition to any amounts provided 
or made available to the Council under any other provision of Federal 
law.

``SEC. 440. DEFINITION.

    ``In this section the term `Secretary' means the Secretary of 
Commerce.''.
                                 <all>