Home > 106th Congressional Bills > S. 1658 (is) To authorize the construction of a Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. [Introduced in Senate] ...S. 1658 (is) To authorize the construction of a Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. [Introduced in Senate] ...
106th CONGRESS
2d Session
S. 1658
_______________________________________________________________________
AN ACT
To authorize the construction of a Reconciliation Place in Fort Pierre,
South Dakota, and for other purposes.
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;
(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 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
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