[Congressional Record Volume 147, Number 30 (Thursday, March 8, 2001)]
[Senate]
[Pages S2076-S2078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself and Mr. Johnson):
  S. 493. A bill to provide for the establishment of a Sioux Nation 
Economic Development Council; the Committee on Indian Affairs.
  Mr. DASCHLE. Mr. President, today I am introducing a bill along with 
Senator Johnson, to amend the Wakpa Sica Reconciliation Place 
legislation that was enacted in the final days of the 106th Congress.
  The original version of the Wakpa Sica bill that the Senate approved 
last year established a center of law, history, culture and economic 
development for the Lakota, Dakota and Nakota tribes of the upper 
Midwest. The Reconciliation Place authorized by the bill will become a 
focal point for the preservation of Sioux law and culture. It will 
enhance the knowledge and understanding of the Sioux by displaying and 
interpreting their history, art, and culture. It will also provide an 
important repository for the Sioux Nation history and the family 
histories for members of tribes, and other important historical 
documents.
  Regrettably, the Reconciliation Place law that ultimately passed in 
the 106th Congress did not include the economic development title to 
strengthen tribal communities and expand opportunities for tribal 
members and businesses. That provision, which I strongly support, was 
dropped due to objections from the House of Representatives that 
threatened enactment of the entire bill, which included Wakpa Sica.
  The bill that I am introducing today would authorize a Sioux Nation 
Economic Development Council. It complements the Wakpa Sica 
Reconciliation Place by providing opportunities for further economic 
development and regional job creation for the Great Sioux Nation.
  The Sioux Nation Economic Development Council will assist tribal 
governments and individuals in promoting economic growth on the 
reservations and surrounding communities. It will coordinate economic 
development and will centralize the expertise and technical support to 
help tribes obtain federal assistance. It will raise funds from private 
donations to match federal contributions. Finally, it will provide 
grants, loans, scholarships and technical assistance to tribes and 
their members, to ultimately help tribes generate jobs.
  The strength of the Reconciliation Place lies in its diversity of 
purpose. It will have many funding sources, both public and private. 
Each agency mentioned in the bill will assist in providing funding and 
technical assistance to the tribes and tribal members through the 
Reconciliation Place. This assistance will not diminish the government-
to-government policy established by the United States for individual 
tribes. Instead, it will provide a focal point for governmental and 
private organizations to expand their ability to help the entire Great 
Sioux Nation.
  The United Sioux Tribes, the State of South Dakota and Mike Jandreau,

[[Page S2077]]

Chairman of the Lower Brule Sioux Tribe, have been working on this 
project for many years. I share their enthusiasm for the concept and 
commitment to building a comprehensive center for Sioux culture, law 
and economic development. Enactment of this legislation is necessary to 
fulfill that commitment to the Great Sioux Nation.
  I strongly urge my colleagues to approve this legislation this year. 
I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 493

       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

[[Page S2078]]

     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.''.
                                 ______