[Congressional Record Volume 145, Number 129 (Wednesday, September 29, 1999)]
[Senate]
[Pages S11641-S11643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE:
  S. 1658. A bill to authorize the construction of a Reconciliation 
Place in Fort Pierre, South Dakota, and for other purposes; to the 
Committee on Indian Affairs.


                  Wakpa Sica Reconciliation Place Act

  Mr. DASCHLE. Mr. President, at the request of tribal leaders 
throughout my state, today I am introducing legislation to establish 
the Wakpa Sica Reconciliation Place in Ft. Pierre, South Dakota.
  This history of South Dakota is carved with the rich cultural 
traditions of numerous Sioux tribes who lived on the plains for 
centuries and inlaid with the stories of immigrants who came during the 
last two hundred years to settle the towns, plow the earth, shepherd 
livestock and mine gold. The story of that settlement, and the mingling 
of Indian and non-Indian people, has not always been a peaceful one, 
and today in South Dakota we continue to face the challenges of 
disparate communities of Indians and non-Indians living side-by-side, 
often imbued with misunderstanding and mistrust. As a result, there is 
a growing recognition of the need for reconciliation between Indian and 
non-Indians.
  It is my hope that through the establishment of a Reconciliation 
Place, we can promote a better understanding of the history and culture 
of the Sioux people and by doing so, achieve better relations between 
Indian and non-Indian peoples. The Reconciliation Place will provide a 
home for a center of Sioux law, history, culture, and economic 
development for the Lakota, Dakota and Nakota tribes of the upper 
Midwest, and thus will help preserve the strong and unique cultural 
heritage of the Sioux.
  The Reconciliation Place will enhance the knowledge and understanding 
of the history of the Sioux by displaying and interpreting the history, 
art, and culture of the tribes of this region. It will also provide an 
important repository for the Sioux Nation history and the family 
histories for individual members of the tribes, and other important 
historical documents. The majority of the historic documents and 
archives of this region are kept in government facilities that are 
scattered across the West and are almost inaccessible to the people of 
this area. The Reconciliation Place will provide a central repository 
for these important elements of Sioux history, allowing easy access to 
tribal members interested in exploring their past.
  By empowering the Sioux tribes to establish their own Sioux Nation 
Supreme Court, the bill will help achieve greater social and economic 
stability in Indian Country. Moreover, the court will bring the legal 
certainty and predictability to the reservations necessary for 
businesspeople to have the confidence to make investments in tribal 
enterprises. This, in turn, will generate the economic infrastructure 
needed to create more jobs on reservations.
  Finally, the legislation establishes a Native American Economic 
Development Council to assist the Sioux tribes by providing 
opportunities for economic development and job creation. Specifically, 
the council will provide expertise and technical support to Indians to 
help gain access to existing sources of federal assistance, while 
raising funds from private entities to match federal contributions. 
Funding obtained by the Council will be used to provide grants, loans, 
scholarships, and technical assistance to tribes and their members, for 
business education and job creation.
  Mr. President, the need for this Reconciliation Place is clear. It 
will provide a focal point for public and private organizations to 
better assist Native Americans to protect their past, strengthen their 
present, and build a bright economic future. The Reconciliation Place 
will respect and compliment the government-to-government relationship 
established between the tribes and the United States. I urge my 
colleagues to support the establishment of this Reconciliation Place 
and am hopeful that this legislation can be enacted in the near future. 
I ask unanimous consent that the text of the bill and a letter of 
support by tribal leaders from South Dakota, North Dakota and Nebraska 
to the Wakpa Sica Board of Directors be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1658

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

     SECTION 1. FINDINGS.

       Congress finds that--
       (1) there is a continuing need for reconciliation between 
     Indians and non-Indians;
       (2) the need may be met partially through the promotion of 
     the understanding of the history and culture of Sioux Indian 
     tribes;
       (3) the establishment of a Sioux Nation Tribal Supreme 
     Court will promote economic development on reservations of 
     the Sioux Nation and provide investors that contribute to 
     that development a greater degree of certainty and confidence 
     by--
       (A) reconciling conflicting tribal laws; and
       (B) strengthening tribal court systems;
       (4) the reservations of the Sioux Nation--
       (A) contain the poorest counties in the United States; and
       (B) lack adequate tools to promote economic development and 
     the creation of jobs; and
       (5) 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.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section

[[Page S11642]]

     4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Sioux nation.--The term ``Sioux Nation'' means the 
     Indian tribes comprising the Sioux Nation.

                     TITLE I--RECONCILIATION CENTER

     SEC. 101. RECONCILIATION CENTER.

       (a) Establishment.--The Secretary of Housing and Urban 
     Development, in cooperation with the Secretary, shall 
     establish, in accordance with this section, a reconciliation 
     center, to be known as ``Reconciliation Place''.
       (b) Purposes.--The purposes of Reconciliation Place shall 
     be as follows:
       (1) To enhance the knowledge and understanding of the 
     history of Native Americans by--
       (A) displaying and interpreting the history, art, and 
     culture of Indian tribes for Indians and non-Indians; and
       (B) providing an accessible repository for--
       (i) the history of Indian tribes; and
       (ii) the family history of members of Indian tribes.
       (2) To provide for the interpretation of the encounters 
     between Lewis and Clark and the Sioux Nation.
       (3) To house the Sioux Nation Tribal Supreme Court.
       (4) To house the Native American Economic Development 
     Council.
       (c) Grant.--
       (1) In general.--The Secretary of Housing and Urban 
     Development shall offer to award a grant to the Wakpa Sica 
     Historical Society of Fort Pierre, South Dakota, for the 
     construction of Reconciliation Place.
       (2) Grant agreement.--
       (A) In general.--As a condition to receiving the grant 
     under this subsection, the appropriate official of the Wakpa 
     Sica Historical Society shall enter into a grant agreement 
     with the Secretary of Housing and Urban Development.
       (B) Consultation.--Before entering into a grant agreement 
     under this paragraph, the Secretary of Housing and Urban 
     Development shall consult with the Secretary concerning the 
     contents of the agreement.
       (C) Duties of the wakpa sica historical society.--The grant 
     agreement under this paragraph shall specify the duties of 
     the Wakpa Sica Historical Society under this section and 
     arrangements for the maintenance of Reconciliation Place.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Housing and Urban 
     Development $17,258,441, to be used for the grant under this 
     section.

     SEC. 102. SIOUX NATION TRIBAL COURT.

       (a) In General.--To ensure the development and operation of 
     the Sioux National Tribal Supreme Court, the Attorney General 
     of the United States shall provide such technical and 
     financial assistance to the Sioux Nation as is necessary.
       (b) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated to the 
     Department of Justice such sums as are necessary.
         TITLE II--NATIVE AMERICAN ECONOMIC DEVELOPMENT COUNCIL

     SEC. 201. ESTABLISHMENT OF NATIVE AMERICAN ECONOMIC 
                   DEVELOPMENT COUNCIL.

       (a) Establishment.--There is established the Native 
     American Economic Development Council (in this title referred 
     to as the ``Council''). The Council shall be 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 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. 202. BOARD OF DIRECTORS OF THE COUNCIL.

       (a) Establishment and Membership.--
       (1) In general.--The Council shall have a governing Board 
     of Directors (in this title 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) 9 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) 1 member appointed under this paragraph shall be 
     selected from nominations submitted by the Governor of the 
     State of South Dakota.
       (C) 1 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) Appointment and Terms.--
       (1) Appointment.--Not later than December 31, 2000, 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).
       (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.
       (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 Act; and
       (C) carrying out such other actions as may be necessary to 
     carry out the purposes of the Council under this Act.
       (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. 203. POWERS AND OBLIGATIONS OF THE COUNCIL.

       (a) Corporate Powers.--To carry out its purposes under 
     section 201(b), the Council shall have, in addition to the 
     powers otherwise given it under this Act, the usual powers of 
     a corporation acting as a trustee in South Dakota, 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 under subsection

[[Page S11643]]

     (a)(1) is for the benefit of the Council, the Council may 
     accept the gift under such subsection, even if that gift is 
     encumbered, restricted, or subject to beneficial interests of 
     1 or more private persons.

     SEC. 204. 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 202, not to exceed then current Federal Government 
     per diem rates, for a period ending not later than 5 years 
     after the date of enactment of this Act.
       (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. 205. 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 Act.
       (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. 206. 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 201(b); or
       (2) refuses, fails, or neglects to discharge the 
     obligations of the Council under this Act, 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. 207. UNITED STATES RELEASE FROM LIABILITY.

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

     SEC. 208. 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 201(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 
     and State and 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 no Federal funds made 
     available to the Council (under the grant that is the subject 
     to the agreement or otherwise) 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 201(b).
       (2) Agency heads.--The agency heads listed in this 
     paragraphs 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. 209. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--There are authorized to be appropriated 
     to the Department of the Interior, $10,000,000 for each of 
     fiscal years 2000, 2001, 2002, 2003, and 2004, to be used in 
     accordance with section 208.
       (b) Additional Authorization.--The amounts authorized to be 
     appropriated under this section are in addition to any 
     amounts provided or available to the Council under any other 
     provision of Federal law.
                                  ____

                                                       March 1998.
     To: Wakpa Sica Historical Society; Board of Directors.

       Ladies and Gentlemen: In my years of experience as a Tribal 
     Leader, I have encountered few projects that hold as much 
     promise for building understanding between Tribal and non-
     Tribal people as the Wakpa Sica Reconciliation Center 
     project.
       Lakota, Dakota and Nakota Sioux people in North Dakota, 
     South Dakota and Nebraska are the third largest Indian 
     population in the nation and our reservations are within easy 
     driving distance of the Reconciliation Center project site. 
     The Reconciliation Center will include a theater, 
     repatriation area, Tribal court judges' chambers, gift shop, 
     museum area, story circle, educational center, genealogical 
     center, Law library and staff offices.
       As Tribal Chairman, I would like to extend my endorsement 
     as a member of the United Sioux Organization.
       Tribal Chairman Signatures: We the undersigned elected 
     leadership are representative of our Indian Reservations do 
     hereby support this Wakpa Sica Project.

         Charlie Murphy, Chairman, Standing Rock Sioux 
           Reservation; Michael B. Jandreau, Chairman, Lower Brule 
           Sioux Reservation; Norm Wilson, Chairman, Rosebud Sioux 
           Reservation; Steve Cournoyer, Chairman, Yanton Sioux 
           Reservation; Mura Pearson, Chairperson, Spirit Lake 
           Sioux Reservation; John Steele, Chairman, Oglala Sioux 
           Reservation; Richard Allen, Chairman, Flandreau Santee 
           Sioux Reservation; Arthur Denny, Chairman, Santee Sioux 
           Reservation; Duane Big Eagle, Chairman, Crow Creek 
           Sioux Reservation; Andrew Grey, Sr., Chairman, Sisseton 
           Wahpeton Sioux Reservation.
                                 ______