[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Pages S14895-S14899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page S14895]]

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[[Page S14896]]

         CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION ACT

  Ms. COLLINS. I ask unanimous consent the Senate now proceed to the 
immediate consideration of Calendar No. 407, S. 964.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 964) to provide for equitable compensation for 
     the Cheyenne River Sioux Tribe, and for other purposes.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Indian Affairs, with 
an amendment to strike all after the enacting clause and inserting in 
lieu thereof the following:

       TITLE I--CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Cheyenne River Sioux Tribe 
     Equitable Compensation Act''.

     SEC. 102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) by enacting the Act of December 22, 1944, (58 Stat. 
     887, chapter 665; 33 U.S.C. 701-1 et seq.), commonly known as 
     the ``Flood Control Act of 1944'', Congress approved the 
     Pick-Sloan Missouri River Basin program (referred to in this 
     section as the ``Pick-Sloan program'')--
       (A) to promote the general economic development of the 
     United States;
       (B) to provide for irrigation above Sioux City, Iowa;
       (C) to protect urban and rural areas from devastating 
     floods of the Missouri River; and
       (D) for other purposes;
       (2) the Oahe Dam and Reservoir project--
       (A) is a major component of the Pick-Sloan program, and 
     contributes to the economy of the United States by generating 
     a substantial amount of hydropower and impounding a 
     substantial quantity of water;
       (B) overlies the eastern boundary of the Cheyenne River 
     Sioux Indian Reservation; and
       (C) has not only contributed little to the economy of the 
     Tribe, but has severely damaged the economy of the Tribe and 
     members of the Tribe by inundating the fertile, wooded bottom 
     lands of the Tribe along the Missouri River that constituted 
     the most productive agricultural and pastoral lands of the 
     Tribe and the homeland of the members of the Tribe;
       (3) the Secretary of the Interior appointed a Joint Tribal 
     Advisory Committee that examined the Oahe Dam and Reservoir 
     project and concluded that--
       (A) the Federal Government did not justify, or fairly 
     compensate the Tribe for, the Oahe Dam and Reservoir project 
     when the Federal Government acquired 104,492 acres of land of 
     the Tribe for that project; and
       (B) the Tribe should be adequately compensated for the land 
     acquisition described in subparagraph (A);
       (4) after applying the same method of analysis as is used 
     for the compensation of similarly situated Indian tribes, the 
     Comptroller General of the United States (referred to in this 
     title as the ``Comptroller General'') determined that the 
     appropriate amount of compensation to pay the Tribe for the 
     land acquisition described in paragraph (3)(A) would be 
     $290,723,000;
       (5) the Tribe is entitled to receive additional financial 
     compensation for the land acquisition described in paragraph 
     (3)(A) in a manner consistent with the determination of the 
     Comptroller General described in paragraph (4); and
       (6) the establishment of a trust fund to make amounts 
     available to the Tribe under this title is consistent with 
     the principles of self-governance and self-determination.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To provide for additional financial compensation to the 
     Tribe for the acquisition by the Federal Government of 
     104,492 acres of land of the Tribe for the Oahe Dam and 
     Reservoir project in a manner consistent with the 
     determinations of the Comptroller General described in 
     subsection (a)(4).
       (2) To provide for the establishment of the Cheyenne River 
     Sioux Tribal Recovery Trust Fund, to be managed by the 
     Secretary of the Treasury in order to make payments to the 
     Tribe to carry out projects under a plan prepared by the 
     Tribe.

     SEC. 103. DEFINITIONS.

       In this title:
       (1) Tribe.--The term ``Tribe'' means the Cheyenne River 
     Sioux Tribe, which is comprised of the Itazipco, Siha Sapa, 
     Minniconjou, and Oohenumpa bands of the Great Sioux Nation 
     that reside on the Cheyenne River Reservation, located in 
     central South Dakota.
       (2) Tribal council.--The term ``Tribal Council'' means the 
     governing body of the Tribe.

     SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST FUND.

       (a) Cheyenne River Sioux Tribal Recovery Trust Fund.--There 
     is established in the Treasury of the United States a fund to 
     be known as the ``Cheyenne River Sioux Tribal Recovery Trust 
     Fund'' (referred to in this title as the ``Fund''). The Fund 
     shall consist of any amounts deposited into the Fund under 
     this title.
       (b) Funding.--On the first day of the 11th fiscal year that 
     begins after the date of enactment of this Act, the Secretary 
     of the Treasury shall, from the General Fund of the Treasury, 
     deposit into the Fund established under subsection (a)--
       (1) $290,722,958; and
       (2) an additional amount that equals the amount of interest 
     that would have accrued on the amount described in paragraph 
     (1) if such amount had been invested in interest-bearing 
     obligations of the United States, or in obligations 
     guaranteed as to both principal and interest by the United 
     States, on the first day of the first fiscal year that begins 
     after the date of enactment of this Act and compounded 
     annually thereafter.
       (c) Investment of Trust Fund.--It shall be the duty of the 
     Secretary of the Treasury to invest such portion of the Fund 
     as is not, in the Secretary of Treasury's judgment, required 
     to meet current withdrawals. Such investments may be made 
     only in interest-bearing obligations of the United States or 
     in obligations guaranteed as to both principal and interest 
     by the United States. The Secretary of the Treasury shall 
     deposit interest resulting from such investments into the 
     Fund.
       (d) Payment of Interest to Tribe.--
       (1) Withdrawal of interest.--Beginning on the first day of 
     the 11th fiscal year after the date of enactment of this Act 
     and, on the first day of each fiscal year thereafter, the 
     Secretary of the Treasury shall withdraw the aggregate amount 
     of interest deposited into the Fund for that fiscal year and 
     transfer that amount to the Secretary of the Interior for use 
     in accordance with paragraph (2). Each amount so transferred 
     shall be available without fiscal year limitation.
       (2) Payments to tribe.--
       (A) In general.--The Secretary of the Interior shall use 
     the amounts transferred under paragraph (1) only for the 
     purpose of making payments to the Tribe, as such payments are 
     requested by the Tribe pursuant to tribal resolution.
       (B) Limitation.--Payments may be made by the Secretary of 
     the Interior under subparagraph (A) only after the Tribe has 
     adopted a plan under subsection (f).
       (C) Use of payments by tribe.--The Tribe shall use the 
     payments made under subparagraph (B) only for carrying out 
     projects and programs under the plan prepared under 
     subsection (f).
       (e) Transfers and Withdrawals.--Except as provided in 
     subsections (c) and (d)(1), the Secretary of the Treasury may 
     not transfer or withdraw any amount deposited under 
     subsection (b).
       (f) Plan.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the governing body of the Tribe shall 
     prepare a plan for the use of the payments to the Tribe under 
     subsection (d) (referred to in this subsection as the 
     ``plan'').
       (2) Contents of plan.--The plan shall provide for the 
     manner in which the Tribe shall expend payments to the Tribe 
     under subsection (d) to promote--
       (A) economic development;
       (B) infrastructure development;
       (C) the educational, health, recreational, and social 
     welfare objectives of the Tribe and its members; or
       (D) any combination of the activities described in 
     subparagraphs (A) through (C).
       (3) Plan review and revision.--
       (A) In general.--The Tribal Council shall make available 
     for review and comment by the members of the Tribe a copy of 
     the plan before the plan becomes final, in accordance with 
     procedures established by the Tribal Council.
       (B) Updating of plan.--The Tribal Council may, on an annual 
     basis, revise the plan to update the plan. In revising the 
     plan under this subparagraph, the Tribal Council shall 
     provide the members of the Tribe opportunity to review and 
     comment on any proposed revision to the plan.
       (C) Consultation.--In preparing the plan and any revisions 
     to update the plan, the Tribal Council shall consult with the 
     Secretary of the Interior and the Secretary of Health and 
     Human Services.
       (4) Audit.--
       (A) In general.--The activities of the Tribe in carrying 
     out the plan shall be audited as part of the annual single-
     agency audit that the Tribe is required to prepare pursuant 
     to the Office of Management and Budget circular numbered A-
     133.
       (B) Determination by auditors.--The auditors that conduct 
     the audit described in subparagraph (A) shall--
       (i) determine whether funds received by the Tribe under 
     this section for the period covered by the audit were 
     expended to carry out the plan in a manner consistent with 
     this section; and
       (ii) include in the written findings of the audit the 
     determination made under clause (i).
       (C) Inclusion of findings with publication of proceedings 
     of tribal council.--A copy of the written findings of the 
     audit described in subparagraph (A) shall be inserted in the 
     published minutes of the Tribal Council proceedings for the 
     session at which the audit is presented to the Tribal 
     Council.
       (g) Prohibition on Per Capita Payments.--No portion of any 
     payment made under this title may be distributed to any 
     member of the Tribe on a per capita basis.

     SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
                   SERVICES.

       No payment made to the Tribe under this title shall result 
     in the reduction or denial of any service or program with 
     respect to which, under Federal law--
       (1) the Tribe is otherwise entitled because of the status 
     of the Tribe as a federally recognized Indian tribe; or
       (2) any individual who is a member of the Tribe is entitled 
     because of the status of the individual as a member of the 
     Tribe.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such funds as may 
     be necessary to cover the administrative expenses of the 
     Fund.

[[Page S14897]]

     SEC. 107. EXTINGUISHMENT OF CLAIMS.

       Upon the deposit of funds (together with interest) into the 
     Fund under section 104(b), all monetary claims that the Tribe 
     has or may have against the United States for the taking, by 
     the United States, of the land and property of the Tribe for 
     the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri 
     River Basin program shall be extinguished.

                   TITLE II--BOSQUE REDONDO MEMORIAL

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Bosque Redondo Memorial 
     Act''.

     SEC. 202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) in 1863, the United States detained nearly 9,000 Navajo 
     and forced their migration across nearly 350 miles of land to 
     Bosque Redondo, a journey known as the ``Long Walk'';
       (2) Mescalero Apache people were also incarcerated at 
     Bosque Redondo;
       (3) the Navajo and Mescalero Apache people labored to plant 
     crops, dig irrigation ditches and build housing, but drought, 
     cutworms, hail, and alkaline Pecos River water created severe 
     living conditions for nearly 9,000 captives;
       (4) suffering and hardships endured by the Navajo and 
     Mescalero Apache people forged a new understanding of their 
     strengths as Americans;
       (5) the Treaty of 1868 was signed by the United States and 
     the Navajo tribes, recognizing the Navajo Nation as it exists 
     today;
       (6) the State of New Mexico has appropriated a total of 
     $123,000 for a planning study and for the design of the 
     Bosque Redondo Memorial;
       (7) individuals and businesses in DeBaca County donated 
     $6,000 toward the production of a brochure relating to the 
     Bosque Redondo Memorial;
       (8) the Village of Fort Sumner donated 70 acres of land to 
     the State of New Mexico contiguous to the existing 50 acres 
     comprising Fort Sumner State Monument, contingent on the 
     funding of the Bosque Redondo Memorial;
       (9) full architectural plans and the exhibit design for the 
     Bosque Redondo Memorial have been completed;
       (10) the Bosque Redondo Memorial project has the 
     encouragement of the President of the Navajo Nation and the 
     President of the Mescalero Apache Tribe, who have each 
     appointed tribal members to serve as project advisors;
       (11) the Navajo Nation, the Mescalero Tribe and the 
     National Park Service are collaborating to develop a 
     symposium on the Bosque Redondo Long Walk and a curriculum 
     for inclusion in the New Mexico school curricula;
       (12) an interpretive center would provide important 
     educational and enrichment opportunities for all Americans; 
     and
       (13) Federal financial assistance is needed for the 
     construction of a Bosque Redondo Memorial.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To commemorate the people who were interned at Bosque 
     Redondo.
       (2) To pay tribute to the native populations' ability to 
     rebound from suffering, and establish the strong, living 
     communities that have long been a major influence in the 
     State of New Mexico and in the United States.
       (3) To provide Americans of all ages a place to learn about 
     the Bosque Redondo experience and how it resulted in the 
     establishment of strong American Indian Nations from once 
     divergent bands.
       (4) To support the construction of the Bosque Redondo 
     Memorial commemorating the detention of the Navajo and 
     Mescalero Apache people at Bosque Redondo from 1863 to 1868.

      SEC. 203. DEFINITIONS.

       In this title:
       (1) Memorial.--The term ``Memorial'' means the building and 
     grounds known as the Bosque Redondo Memorial.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.

      SEC. 204. BOSQUE REDONDO MEMORIAL

       (a) Establishment.-- Upon the request of the State of New 
     Mexico, the Secretary is authorized to establish a Bosque 
     Redondo Memorial within the boundaries of Fort Sumner State 
     Monument in New Mexico. No memorial shall be established 
     without the consent of the Navajo Nation and the Mescalero 
     Tribe.
       (b) Components of the Memorial.--The memorial shall 
     include--
       (1) exhibit space, a lobby area that represents design 
     elements from traditional Mescalero and Navajo dwellings, 
     administrative areas that include a resource room, library, 
     workrooms and offices, restrooms, parking areas, sidewalks, 
     utilities, and other visitor facilities;
       (2) a venue for public education programs; and
       (3) a location to commemorate the Long Walk of the Navajo 
     people and the healing that has taken place since that event

     SEC. 205. CONSTRUCTION OF MEMORIAL.

       (a) Grant.--
       (1) In general.--The Secretary may award a grant to the 
     State of New Mexico to provide up to 50 percent of the total 
     cost of construction of the Memorial.
       (2) Non-federal share.--The non-Federal share of 
     construction costs for the Memorial shall include funds 
     previously expended by the State for the planning and design 
     of the Memorial, and funds previously expended by non-Federal 
     entities for the production of a brochure relating to the 
     Memorial.
       (b) Requirements.--To be eligible to receive a grant under 
     this section, the State shall--
       (1) submit to the Secretary a proposal that--
       (A) provides assurances that the Memorial will comply with 
     all applicable laws, including building codes and 
     regulations; and
       (B) includes such other information and assurances as the 
     Secretary may require; and
       (2) enter into a Memorandum of Understanding with the 
     Secretary that shall include--
       (A) a timetable for the completion of construction and the 
     opening of the Memorial;
       (B) assurances that construction contracts will be 
     competitively awarded;
       (C) assurances that the State or Village of Fort Sumner 
     will make sufficient land available for the Memorial;
       (D) the specifications of the Memorial which shall comply 
     with all applicable Federal, State, and local building codes 
     and laws;
       (E) arrangements for the operation and maintenance of the 
     Memorial upon completion of construction;
       (F) a description of Memorial collections and educational 
     programming;
       (G) a plan for the design of exhibits including the 
     collections to be exhibited, security, preservation, 
     protection, environmental controls, and presentations in 
     accordance with professional standards;
       (H) an agreement with the Navajo Nation and the Mescalero 
     Tribe relative to the design and location of the Memorial; 
     and
       (I) a financing plan developed by the State that outlines 
     the long-term management of the Memorial, including--
       (i) the acceptance and use of funds derived from public and 
     private sources to minimize the use of appropriated or 
     borrowed funds;
       (ii) the payment of the operating costs of the Memorial 
     through the assessment of fees or other income generated by 
     the Memorial;
       (iii) a strategy for achieving financial self-sufficiency 
     with respect to the Memorial by not later than 5 years after 
     the date of enactment of this Act; and
       (iv) a description of the business activities that would be 
     permitted at the Memorial and appropriate vendor standards 
     that would apply.

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title--
       (1) $1,000,000 for fiscal year 2000; and
       (2) $500,000 for each of fiscal years 2001 and 2002.
       (b) Carryover.--Any funds made available under this section 
     that are unexpended at the end of the fiscal year for which 
     those funds are appropriated, shall remain available for use 
     by the Secretary through September 30, 2002 for the purposes 
     for which those funds were made available.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the 
committee amendment be agreed to, the bill, as amended, be read three 
times, passed, and the motion to reconsider be laid upon the table, and 
that any statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 964), as amended, was read the third time and passed, as 
follows:

                                 S. 964

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
       TITLE I--CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Cheyenne River Sioux Tribe 
     Equitable Compensation Act''.

     SEC. 102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) by enacting the Act of December 22, 1944, (58 Stat. 
     887, chapter 665; 33 U.S.C. 701-1 et seq.), commonly known as 
     the ``Flood Control Act of 1944'', Congress approved the 
     Pick-Sloan Missouri River Basin program (referred to in this 
     section as the ``Pick-Sloan program'')--
       (A) to promote the general economic development of the 
     United States;
       (B) to provide for irrigation above Sioux City, Iowa;
       (C) to protect urban and rural areas from devastating 
     floods of the Missouri River; and
       (D) for other purposes;
       (2) the Oahe Dam and Reservoir project--
       (A) is a major component of the Pick-Sloan program, and 
     contributes to the economy of the United States by generating 
     a substantial amount of hydropower and impounding a 
     substantial quantity of water;
       (B) overlies the eastern boundary of the Cheyenne River 
     Sioux Indian Reservation; and
       (C) has not only contributed little to the economy of the 
     Tribe, but has severely damaged the economy of the Tribe and 
     members of the Tribe by inundating the fertile, wooded bottom 
     lands of the Tribe along the Missouri River that constituted 
     the most productive agricultural and pastoral lands of the 
     Tribe and the homeland of the members of the Tribe;
       (3) the Secretary of the Interior appointed a Joint Tribal 
     Advisory Committee that examined the Oahe Dam and Reservoir 
     project and concluded that--
       (A) the Federal Government did not justify, or fairly 
     compensate the Tribe for, the Oahe Dam and Reservoir project 
     when the Federal Government acquired 104,492 acres of land of 
     the Tribe for that project; and
       (B) the Tribe should be adequately compensated for the land 
     acquisition described in subparagraph (A);
       (4) after applying the same method of analysis as is used 
     for the compensation of similarly situated Indian tribes, the 
     Comptroller General of the United States (referred to in this 
     title as the ``Comptroller General'') determined that the 
     appropriate amount of

[[Page S14898]]

     compensation to pay the Tribe for the land acquisition 
     described in paragraph (3)(A) would be $290,723,000;
       (5) the Tribe is entitled to receive additional financial 
     compensation for the land acquisition described in paragraph 
     (3)(A) in a manner consistent with the determination of the 
     Comptroller General described in paragraph (4); and
       (6) the establishment of a trust fund to make amounts 
     available to the Tribe under this title is consistent with 
     the principles of self-governance and self-determination.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To provide for additional financial compensation to the 
     Tribe for the acquisition by the Federal Government of 
     104,492 acres of land of the Tribe for the Oahe Dam and 
     Reservoir project in a manner consistent with the 
     determinations of the Comptroller General described in 
     subsection (a)(4).
       (2) To provide for the establishment of the Cheyenne River 
     Sioux Tribal Recovery Trust Fund, to be managed by the 
     Secretary of the Treasury in order to make payments to the 
     Tribe to carry out projects under a plan prepared by the 
     Tribe.

     SEC. 103. DEFINITIONS.

       In this title:
       (1) Tribe.--The term ``Tribe'' means the Cheyenne River 
     Sioux Tribe, which is comprised of the Itazipco, Siha Sapa, 
     Minniconjou, and Oohenumpa bands of the Great Sioux Nation 
     that reside on the Cheyenne River Reservation, located in 
     central South Dakota.
       (2) Tribal council.--The term ``Tribal Council'' means the 
     governing body of the Tribe.

     SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST FUND.

       (a) Cheyenne River Sioux Tribal Recovery Trust Fund.--There 
     is established in the Treasury of the United States a fund to 
     be known as the ``Cheyenne River Sioux Tribal Recovery Trust 
     Fund'' (referred to in this title as the ``Fund''). The Fund 
     shall consist of any amounts deposited into the Fund under 
     this title.
       (b) Funding.--On the first day of the 11th fiscal year that 
     begins after the date of enactment of this Act, the Secretary 
     of the Treasury shall, from the General Fund of the Treasury, 
     deposit into the Fund established under subsection (a)--
       (1) $290,722,958; and
       (2) an additional amount that equals the amount of interest 
     that would have accrued on the amount described in paragraph 
     (1) if such amount had been invested in interest-bearing 
     obligations of the United States, or in obligations 
     guaranteed as to both principal and interest by the United 
     States, on the first day of the first fiscal year that begins 
     after the date of enactment of this Act and compounded 
     annually thereafter.
       (c) Investment of Trust Fund.--It shall be the duty of the 
     Secretary of the Treasury to invest such portion of the Fund 
     as is not, in the Secretary of Treasury's judgment, required 
     to meet current withdrawals. Such investments may be made 
     only in interest-bearing obligations of the United States or 
     in obligations guaranteed as to both principal and interest 
     by the United States. The Secretary of the Treasury shall 
     deposit interest resulting from such investments into the 
     Fund.
       (d) Payment of Interest to Tribe.--
       (1) Withdrawal of interest.--Beginning on the first day of 
     the 11th fiscal year after the date of enactment of this Act 
     and, on the first day of each fiscal year thereafter, the 
     Secretary of the Treasury shall withdraw the aggregate amount 
     of interest deposited into the Fund for that fiscal year and 
     transfer that amount to the Secretary of the Interior for use 
     in accordance with paragraph (2). Each amount so transferred 
     shall be available without fiscal year limitation.
       (2) Payments to tribe.--
       (A) In general.--The Secretary of the Interior shall use 
     the amounts transferred under paragraph (1) only for the 
     purpose of making payments to the Tribe, as such payments are 
     requested by the Tribe pursuant to tribal resolution.
       (B) Limitation.--Payments may be made by the Secretary of 
     the Interior under subparagraph (A) only after the Tribe has 
     adopted a plan under subsection (f).
       (C) Use of payments by tribe.--The Tribe shall use the 
     payments made under subparagraph (B) only for carrying out 
     projects and programs under the plan prepared under 
     subsection (f).
       (e) Transfers and Withdrawals.--Except as provided in 
     subsections (c) and (d)(1), the Secretary of the Treasury may 
     not transfer or withdraw any amount deposited under 
     subsection (b).
       (f) Plan.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the governing body of the Tribe shall 
     prepare a plan for the use of the payments to the Tribe under 
     subsection (d) (referred to in this subsection as the 
     ``plan'').
       (2) Contents of plan.--The plan shall provide for the 
     manner in which the Tribe shall expend payments to the Tribe 
     under subsection (d) to promote--
       (A) economic development;
       (B) infrastructure development;
       (C) the educational, health, recreational, and social 
     welfare objectives of the Tribe and its members; or
       (D) any combination of the activities described in 
     subparagraphs (A) through (C).
       (3) Plan review and revision.--
       (A) In general.--The Tribal Council shall make available 
     for review and comment by the members of the Tribe a copy of 
     the plan before the plan becomes final, in accordance with 
     procedures established by the Tribal Council.
       (B) Updating of plan.--The Tribal Council may, on an annual 
     basis, revise the plan to update the plan. In revising the 
     plan under this subparagraph, the Tribal Council shall 
     provide the members of the Tribe opportunity to review and 
     comment on any proposed revision to the plan.
       (C) Consultation.--In preparing the plan and any revisions 
     to update the plan, the Tribal Council shall consult with the 
     Secretary of the Interior and the Secretary of Health and 
     Human Services.
       (4) Audit.--
       (A) In general.--The activities of the Tribe in carrying 
     out the plan shall be audited as part of the annual single-
     agency audit that the Tribe is required to prepare pursuant 
     to the Office of Management and Budget circular numbered A-
     133.
       (B) Determination by auditors.--The auditors that conduct 
     the audit described in subparagraph (A) shall--
       (i) determine whether funds received by the Tribe under 
     this section for the period covered by the audit were 
     expended to carry out the plan in a manner consistent with 
     this section; and
       (ii) include in the written findings of the audit the 
     determination made under clause (i).
       (C) Inclusion of findings with publication of proceedings 
     of tribal council.--A copy of the written findings of the 
     audit described in subparagraph (A) shall be inserted in the 
     published minutes of the Tribal Council proceedings for the 
     session at which the audit is presented to the Tribal 
     Council.
       (g) Prohibition on Per Capita Payments.--No portion of any 
     payment made under this title may be distributed to any 
     member of the Tribe on a per capita basis.

     SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
                   SERVICES.

       No payment made to the Tribe under this title shall result 
     in the reduction or denial of any service or program with 
     respect to which, under Federal law--
       (1) the Tribe is otherwise entitled because of the status 
     of the Tribe as a federally recognized Indian tribe; or
       (2) any individual who is a member of the Tribe is entitled 
     because of the status of the individual as a member of the 
     Tribe.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such funds as may 
     be necessary to cover the administrative expenses of the 
     Fund.

     SEC. 107. EXTINGUISHMENT OF CLAIMS.

       Upon the deposit of funds (together with interest) into the 
     Fund under section 104(b), all monetary claims that the Tribe 
     has or may have against the United States for the taking, by 
     the United States, of the land and property of the Tribe for 
     the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri 
     River Basin program shall be extinguished.
                   TITLE II--BOSQUE REDONDO MEMORIAL

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Bosque Redondo Memorial 
     Act''.

     SEC. 202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) in 1863, the United States detained nearly 9,000 Navajo 
     and forced their migration across nearly 350 miles of land to 
     Bosque Redondo, a journey known as the ``Long Walk'';
       (2) Mescalero Apache people were also incarcerated at 
     Bosque Redondo;
       (3) the Navajo and Mescalero Apache people labored to plant 
     crops, dig irrigation ditches and build housing, but drought, 
     cutworms, hail, and alkaline Pecos River water created severe 
     living conditions for nearly 9,000 captives;
       (4) suffering and hardships endured by the Navajo and 
     Mescalero Apache people forged a new understanding of their 
     strengths as Americans;
       (5) the Treaty of 1868 was signed by the United States and 
     the Navajo tribes, recognizing the Navajo Nation as it exists 
     today;
       (6) the State of New Mexico has appropriated a total of 
     $123,000 for a planning study and for the design of the 
     Bosque Redondo Memorial;
       (7) individuals and businesses in DeBaca County donated 
     $6,000 toward the production of a brochure relating to the 
     Bosque Redondo Memorial;
       (8) the Village of Fort Sumner donated 70 acres of land to 
     the State of New Mexico contiguous to the existing 50 acres 
     comprising Fort Sumner State Monument, contingent on the 
     funding of the Bosque Redondo Memorial;
       (9) full architectural plans and the exhibit design for the 
     Bosque Redondo Memorial have been completed;
       (10) the Bosque Redondo Memorial project has the 
     encouragement of the President of the Navajo Nation and the 
     President of the Mescalero Apache Tribe, who have each 
     appointed tribal members to serve as project advisors;
       (11) the Navajo Nation, the Mescalero Tribe and the 
     National Park Service are collaborating to develop a 
     symposium on the Bosque Redondo Long Walk and a curriculum 
     for inclusion in the New Mexico school curricula;
       (12) an interpretive center would provide important 
     educational and enrichment opportunities for all Americans; 
     and

[[Page S14899]]

       (13) Federal financial assistance is needed for the 
     construction of a Bosque Redondo Memorial.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To commemorate the people who were interned at Bosque 
     Redondo.
       (2) To pay tribute to the native populations' ability to 
     rebound from suffering, and establish the strong, living 
     communities that have long been a major influence in the 
     State of New Mexico and in the United States.
       (3) To provide Americans of all ages a place to learn about 
     the Bosque Redondo experience and how it resulted in the 
     establishment of strong American Indian Nations from once 
     divergent bands.
       (4) To support the construction of the Bosque Redondo 
     Memorial commemorating the detention of the Navajo and 
     Mescalero Apache people at Bosque Redondo from 1863 to 1868.

      SEC. 203. DEFINITIONS.

       In this title:
       (1) Memorial.--The term ``Memorial'' means the building and 
     grounds known as the Bosque Redondo Memorial.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.

      SEC. 204. BOSQUE REDONDO MEMORIAL.

       (a) Establishment.-- Upon the request of the State of New 
     Mexico, the Secretary is authorized to establish a Bosque 
     Redondo Memorial within the boundaries of Fort Sumner State 
     Monument in New Mexico. No memorial shall be established 
     without the consent of the Navajo Nation and the Mescalero 
     Tribe.
       (b) Components of the Memorial.--The memorial shall 
     include--
       (1) exhibit space, a lobby area that represents design 
     elements from traditional Mescalero and Navajo dwellings, 
     administrative areas that include a resource room, library, 
     workrooms and offices, restrooms, parking areas, sidewalks, 
     utilities, and other visitor facilities;
       (2) a venue for public education programs; and
       (3) a location to commemorate the Long Walk of the Navajo 
     people and the healing that has taken place since that event

     SEC. 205. CONSTRUCTION OF MEMORIAL.

       (a) Grant.--
       (1) In general.--The Secretary may award a grant to the 
     State of New Mexico to provide up to 50 percent of the total 
     cost of construction of the Memorial.
       (2) Non-federal share.--The non-Federal share of 
     construction costs for the Memorial shall include funds 
     previously expended by the State for the planning and design 
     of the Memorial, and funds previously expended by non-Federal 
     entities for the production of a brochure relating to the 
     Memorial.
       (b) Requirements.--To be eligible to receive a grant under 
     this section, the State shall--
       (1) submit to the Secretary a proposal that--
       (A) provides assurances that the Memorial will comply with 
     all applicable laws, including building codes and 
     regulations; and
       (B) includes such other information and assurances as the 
     Secretary may require; and
       (2) enter into a Memorandum of Understanding with the 
     Secretary that shall include--
       (A) a timetable for the completion of construction and the 
     opening of the Memorial;
       (B) assurances that construction contracts will be 
     competitively awarded;
       (C) assurances that the State or Village of Fort Sumner 
     will make sufficient land available for the Memorial;
       (D) the specifications of the Memorial which shall comply 
     with all applicable Federal, State, and local building codes 
     and laws;
       (E) arrangements for the operation and maintenance of the 
     Memorial upon completion of construction;
       (F) a description of Memorial collections and educational 
     programming;
       (G) a plan for the design of exhibits including the 
     collections to be exhibited, security, preservation, 
     protection, environmental controls, and presentations in 
     accordance with professional standards;
       (H) an agreement with the Navajo Nation and the Mescalero 
     Tribe relative to the design and location of the Memorial; 
     and
       (I) a financing plan developed by the State that outlines 
     the long-term management of the Memorial, including--
       (i) the acceptance and use of funds derived from public and 
     private sources to minimize the use of appropriated or 
     borrowed funds;
       (ii) the payment of the operating costs of the Memorial 
     through the assessment of fees or other income generated by 
     the Memorial;
       (iii) a strategy for achieving financial self-sufficiency 
     with respect to the Memorial by not later than 5 years after 
     the date of enactment of this Act; and
       (iv) a description of the business activities that would be 
     permitted at the Memorial and appropriate vendor standards 
     that would apply.

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title--
       (1) $1,000,000 for fiscal year 2000; and
       (2) $500,000 for each of fiscal years 2001 and 2002.
       (b) Carryover.--Any funds made available under this section 
     that are unexpended at the end of the fiscal year for which 
     those funds are appropriated, shall remain available for use 
     by the Secretary through September 30, 2002 for the purposes 
     for which those funds were made available.

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