[Congressional Record Volume 146, Number 116 (Tuesday, September 26, 2000)]
[Senate]
[Pages S9316-S9318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONSTRUCTION OF A RECONCILIATION PLACE IN FORT PIERRE, SOUTH DAKOTA

  Mr. GORTON. I ask unanimous consent that the Senate now proceed to 
the consideration of Calendar No. 745, S. 1658.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1658) to authorize the construction of a 
     Reconciliation Place in Fort Pierre, South Dakota, 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 insert the 
part printed in italic.

     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;
       (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;
       (6) there is a need to enhance and strengthen the capacity 
     of Indian tribal governments and tribal justice systems to 
     address conflicts which impair relationships within Indian 
     communities and between Indian and non-Indian communities and 
     individuals; and
       (7) the establishment of the National Native American 
     Mediation Training Center, with the technical assistance of 
     tribal and Federal agencies, including the Community 
     Relations Service of the Department of Justice, would enhance 
     and strengthen the mediation skills that are useful in 
     reducing tensions and resolving conflicts in Indian 
     communities and between Indian and non-Indian communities and 
     individuals.

     SEC. 2. DEFINITIONS.

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

[[Page S9317]]

     with the Secretary, shall establish, in accordance with this 
     section, a reconciliation center, to be known as 
     ``Reconciliation Place''.
       (b) Location.--Notwithstanding any other provision of law, 
     the Secretary shall take into trust for the benefit of the 
     Sioux Nation the parcel of land in Stanley County, South 
     Dakota, that is described as ``The Reconciliation Place 
     Addition'' that is owned on the date of enactment of this Act 
     by the Wakpa Sica Historical Society, Inc., for the purpose 
     of establishing and operating The Reconciliation Place.
       (c) 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.
       (5) To house the National Native American Mediation 
     Training Center to train tribal personnel in conflict 
     resolution and alternative dispute resolution.
       (d) 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 $18,258,441, to be used for the grant under this 
     section.

     SEC. 102. SIOUX NATION SUPREME COURT AND NATIONAL NATIVE 
                   AMERICAN MEDIATION TRAINING CENTER.

       (a) In General.--To ensure the development and operation of 
     the Sioux Nation Tribal Supreme Court and the National Native 
     American Medication Training Center, the Attorney General of 
     the United States shall use available funds to provide 
     technical and financial assistance to the Sioux Nation.
       (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 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. 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) Appointments 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 (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

[[Page S9318]]

     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 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 201(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. 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 2002, 2003, 2004, 2005, and 2006, 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.

  Mr. GORTON. I ask unanimous consent that the committee substitute be 
agreed to, the bill be considered read the third time and passed, the 
motion to reconsider be laid upon the table, and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1658), as amended, was considered read the third time 
and passed.

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