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FILE h877.ih
104th CONGRESS
1st Session
To establish a Wounded Knee National Tribal Park, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
February 9, 1995
Mr. Johnson of South Dakota (for himself, Mr. Williams, Mr.
Underwood, Mr. Richardson, Mr. Faleomavaega, and Mr. Miller of
California) introduced the following bill; which was referred
to the Committee on Resources
A BILL
To establish a Wounded Knee National Tribal Park, 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. SHORT TITLE.
This Act may be cited as the `Wounded Knee National Tribal Park
Establishment Act of 1995'.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings: The Congress finds that--
(1) in December of 1890, approximately 350 to 375 Sioux men,
women, and children under the leadership of Chief Big Foot
journeyed from the Cheyenne River Indian Reservation to the
Pine Ridge Indian Reservation at the invitation of Chief Red
Cloud to help make peace between the non-Indians and Indians;
(2) the journey of Chief Big Foot and his band of Minneconjou
Sioux occurred during the Ghost Dance Religion period when
extreme hostility existed between Sioux Indians and non-Indians
residing near the Sioux reservations, and the United States
Army assumed control of the Sioux reservations;
(3) Chief Big Foot and his band were intercepted on the Pine
Ridge Indian Reservation at Porcupine Butte by Major Whitside,
surrendered unconditionally under a white flag of truce, and
were escorted to Wounded Knee Creek, where Colonel Forsyth
assumed command;
(4) on December 29, 1890, an incident occurred in which
soldiers under the command of General Forsyth killed and
wounded over 300 members of the band of Chief Big Foot, most
all of whom were unarmed and entitled to protection of their
rights to property, person, and life under Federal law;
(5) the 1890 Wounded Knee Massacre is a historically
significant event because the event marks the last military
encounter of the Indian wars period of the 19th century;
(6) in S. Con. Res. 153 (101st Cong., 2d Sess.), Congress
apologized to the Sioux people for the 1890 Massacre;
(7)(A) paragraph (2) of such concurrent resolution provides
that Congress `expresses its support for the establishment of a
suitable and appropriate Memorial to those who were so
tragically slain at Wounded Knee which could inform the
American public of the historic significance of the events at
Wounded Knee and accurately portray the heroic and courageous
campaign waged by the Sioux people to preserve and protect
their lands and their way of life during this period'; and
(B) paragraph (3) of such concurrent resolution provides that
Congress `expresses its commitment to acknowledge and learn
from our history, including the Wounded Knee Massacre, in order
to provide a proper foundation for building an ever more
humane, enlightened, and just society for the future';
(8) the Wounded Knee Massacre site, and sites relating to the
1890 Wounded Knee Massacre and Ghost Dance Religion on the
Cheyenne River Indian Reservation and Pine Ridge Indian
Reservation, are nationally significant cultural and historic
sites that must be protected through the designation of the
sites as a national tribal park; and
(9) the Wounded Knee Massacre is a nationally significant
event that must be memorialized by establishing suitable and
appropriate memorials to the Indian victims of the Massacre,
located on the Cheyenne River Indian Reservation and Pine Ridge
Indian Reservation.
(b) Purposes: The purposes of this Act are to--
(1) establish the Wounded Knee National Tribal Park
consisting of--
(A) sites relating to the 1890 Wounded Knee Massacre and
Ghost Dance Religion located on the Cheyenne River Indian
Reservation; and
(B) the 1890 Wounded Knee Massacre Site and sites
relating to the Massacre and Ghost Dance Religion located
on the Pine Ridge Indian Reservation;
(2) establish suitable and appropriate national monuments
within both units of the Wounded Knee National Tribal Park to
memorialize the Indian victims of the 1890 Wounded Knee
Massacre; and
(3) authorize feasibility studies to--
(A) establish the route of Chief Big Foot from the
Cheyenne River Indian Reservation to Wounded Knee as a
national historic trail; and
(B) establish a visitor information and orientation
center on the Cheyenne River Indian Reservation.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Commission: The term `Commission' means the Wounded Knee
National Tribal Park Advisory Commission established under
section 8(a).
(2) North unit: The term `North Unit' means the area of the
Park comprised of the sites referred to in section 2(b)(1)(A).
(3) Park: The term `Park' means the Wounded Knee National
Tribal Park established under section 4.
(4) Real property: For the purposes of this Act, the term
`real property' includes lands, and all mineral rights, water
rights, easements, permanent structures, and fixtures on such
lands.
(5) Secretary: The term `Secretary' means the Secretary of
the Interior.
(6) South unit: The term `South Unit' means the area of the
Park comprised of the sites referred to in section 2(b)(1)(B).
SEC. 4. ESTABLISHMENT OF WOUNDED KNEE NATIONAL TRIBAL PARK.
(a) Establishment:
(1) In general: The Secretary shall establish a national
tribal park to be known as the `Wounded Knee National Tribal
Park', as generally described in the third alternative of the
report completed by the National Park Service entitled `Draft
Study of Alternatives, Environmental Assessment, Wounded Knee,
South Dakota,' and dated January 1993, and as more particularly
described in this Act.
(2) Area included in park: The Wounded Knee National Tribal
Park shall consist of--
(A) a North Unit that may include--
(i) such sites relating to the 1890 Wounded Knee
Massacre and Ghost Dance Religion, including the
campsite of Chief Big Foot at Deep Creek, as the
Cheyenne River Sioux Tribe, in consultation with the
Director of the National Park Service, considers
necessary to include in such unit;
(ii) a cultural center and museum complex;
(iii) projects described in section 9(b)(2); and
(iv) a suitable and appropriate national monument to
memorialize Chief Big Foot and his band of Minneconjou
Sioux; and
(B) a South Unit that may include--
(i) the 1890 Wounded Knee Massacre site, as generally
described in the 1990 boundaries studies authorized by
the National Park Service, and such other sites
relating to the 1890 Wounded Knee Massacre and Ghost
Dance Religion as the Oglala Sioux Tribe, in
consultation with the Director of the National Park
Service, considers necessary to include in such unit;
(ii) a cultural center and museum complex at or near
the Wounded Knee Massacre site;
(iii) projects described in section 9(b)(2); and
(iv) a suitable and appropriate national monument to
memorialize the Sioux Indians involved in the 1890
Wounded Knee Massacre.
(b) Cooperative Agreements:
(1) In general: The Secretary shall enter into a cooperative
agreement with each of the Cheyenne River Sioux Tribe with
respect to the North Unity, and Oglala Sioux Tribe with respect
to the South Unit to carry out planning, design, construction,
operation, maintenance, and replacement activities, as
appropriate, for the units.
(2) Requirements for cooperative agreements: A cooperative
agreement entered into under paragraph (1) shall set forth, in
a manner acceptable to the Secretary--
(A)(i) the responsibilities of the parties referred to in
paragraph (1) with respect to the North Unit and the South
Unit; and
(ii) the manner in which contracts to carry out such
activities will be administered;
(B) the procedures and requirements for the approval and
acceptance of the design of, and construction of the North
Unit and South Unit;
(C) such Federal management policies described in the
publication entitled `Management
Policies, U.S. Department of the Interior, National Park Service,
1988' as the Secretary considers necessary to qualify both units of
the Park for affiliation;
(D) a general management plan for each unit of the Park
that shall include plans--
(i) to protect and preserve the religious sanctity of
the Wounded Knee Massacre site and other religious
sites located within each unit;
(ii) to restore the Wounded Knee Massacre site, and
other important historic sites located within the
units, to the original condition of the sites at the
time of the Massacre, including the removal of all
buildings and structures that have no historical
significance;
(iii) for the enactment of tribal zoning ordinances
to protect areas surrounding each unit from commercial
development and exploitation;
(iv) for the implementation of a continuing program
of public involvement, interpretation, and visitor
education concerning Lakota Sioux history and culture
within each unit;
(v) to protect, interpret, and preserve important
archaological and paleontological sites within each unit;
(vi) for visitor use facilities, and the training and
employing of tribal members within each unit, as
provided in subsection (e); and
(vii) to waive or require entrance fees at the
Wounded Knee Massacre site; and
(E) the role and responsibilities of the Advisory
Commission established under section 8(a) in relation to
both units.
(c) Title:
(1) Property acquired for the north unit: Title to all real
property acquired for the North Unit of the Wounded Knee
National Tribal Park shall be held in trust by the United
States for the Cheyenne River Sioux Tribe.
(2) Property acquired for the south unit: Title to all real
property acquired in the South Unit of the Wounded Knee
National Tribal Park shall be held in trust by the United
States for the Oglala Sioux Tribe.
(d) Technical Assistance:
(1) In general: The Secretary may provide technical
assistance to the Cheyenne River Sioux Tribe and Oglala Sioux
Tribe for carrying out the activities described in subsection
(b)(1).
(2) Training: In addition to providing the assistance
described in paragraph (1), the Secretary may train and employ
members of the tribes concerning the operation and maintenance
of both units, including training in--
(A) the provision of public services, management of
visitor use facilities, interpretation and visitor
education on Sioux history and culture, and artifact
curation at both units; and
(B) the interpretation, management, protection, and
preservation of other historical and natural properties at
both units.
(e) Application of the Indian Self-Determination Act: Except as
otherwise provided in this Act, the activities described in
subsection (b)(1) shall be subject to the Indian Self-Determination
Act (25 U.S.C. 450f et seq.).
SEC. 5. ACQUISITION OF LANDS FOR WOUNDED KNEE NATIONAL TRIBAL PARK.
(a) In General: The Cheyenne River Sioux Tribe and Oglala Sioux
Tribe may acquire by purchase from a willing seller, by gift or
devise, by exchange, or in other manner--
(1) surface and subsurface rights to any tract of
fee-patented or trust land; or
(2) easements that cover such lands,
that those tribes, in consultation with the Secretary, consider
necessary for inclusion in the North Unit or the South Unit of the
Wounded Knee National Tribal Park.
(b) Financial Assistance: The Secretary may provide financial
assistance to the Cheyenne River Sioux Tribe and the Oglala Sioux
Tribe to acquire land and any interest in land or other real
property that is necessary for a unit of the Park.
SEC. 6. MANAGEMENT.
(a) Management of North Unit:
(1) In general: The Cheyenne River Sioux Tribe, or a
designated agency or authority of that tribe, shall operate,
maintain, and manage the North Unit pursuant to the terms and
conditions contained in a cooperative agreement between the
Secretary and the Cheyenne River Sioux Tribe entered into by
the Secretary and the tribe pursuant to section 4(b).
(2) Exclusion: The Cheyenne River Sioux Tribe shall have no
jurisdiction or authority over the South Unit.
(b) Management of South Unit:
(1) In general: The Oglala Sioux Tribe, or a designated
agency or authority of such tribe, shall operate, maintain, and
manage the South Unit pursuant to the terms and conditions
contained in a cooperative agreement between the Secretary and
the Oglala Sioux Tribe entered into by the Secretary and the
tribe pursuant to section 4(b).
(2) Exclusion: The Oglala Sioux Tribe shall have no
jurisdiction or authority over the North Unit.
SEC. 7. PLANNING AND DESIGN OF NATIONAL MONUMENTS; FEASIBILITY
STUDIES.
(a) Monuments:
(1) In general: Except as provided in paragraph (2), the
national monuments on the North Unit and South Unit authorized
by subparagraphs (A)(iv) and (B)(iv) of section 4(a)(2) shall
be planned, designed, and constructed by the Secretary, after
consultation with an advisory committee that the Secretary
shall appoint in consultation with--
(A) the Wounded Knee Survivors Association of the
Cheyenne River Indian Reservation;
(B) the Wounded Knee Survivors Association of the Pine
Ridge Indian Reservation; and
(C) direct descendants of the band of Minneconjou Sioux
of Chief Big Foot.
(2) Authority of the cheyenne river sioux tribal council and
the oglala sioux tribal council: (A) The Cheyenne River Sioux
Tribal Council and the Oglala Sioux Tribal Council shall have
no authority to plan and design the monuments referred to in
paragraph (1).
(B) The Cheyenne River Sioux Tribal Council and the Oglala
Sioux Tribal Council shall have the authority to enter into
contracts for the construction, operation, maintenance, and
replacement of the monuments under the Indian
Self-Determination Act (25 U.S.C. 450f et seq.).
(b) Feasibility Studies:
(1) In general: The Secretary shall complete feasibility
studies to--
(A) establish and mark the route taken by Chief Big Foot
and his band from the Cheyenne River Indian Reservation to
Wounded Knee as a national historic trail; and
(B) establish a visitor information and orientation
center on the Cheyenne River Indian Reservation.
(2) Report: Not later than 1 year after funds are initially
made available to the Secretary for a feasibility study
conducted under this subsection, the Secretary shall complete
the study and submit a report that contains the findings of the
study to Congress.
SEC. 8. WOUNDED KNEE NATIONAL TRIBAL PARK ADVISORY COMMISSION.
(a) In General: There is established within the Department of the
Interior the Wounded Knee National Tribal Park Advisory Commission.
The Commission shall advise regularly the Cheyenne River Sioux
Tribe and Oglala Sioux Tribe, or any designated agency or authority
of either tribe, concerning the management and administration of
the North Unit and South Unit.
(b) Role and Responsibilities: The role and responsibilities of
the Commission shall be defined in the cooperative agreements that
the Secretary shall enter into with the Cheyenne Sioux Tribe and
Oglala Sioux Tribe under section 4(b). The Cheyenne River Sioux
Tribe and Oglala Sioux Tribe, or any designated agency or
authority of either such tribe, shall consult with the Commission
not less frequently than 4 times each year.
(c) Period of Operation: The Commission shall exist for such time
as either the North Unit or the South Unit is in existence.
(d) Membership: The Secretary shall appoint 17 members of the
Commission. In addition, the Director of the National Park Service
or a designee of the Director shall serve as an ex-officio member
of the Commission. The Secretary shall appoint the members of the
Commission after consulting with, and soliciting a recommendation
from each of the following:
(1) The Chairman of the Cheyenne River Sioux Tribe.
(2) The President of the Oglala Sioux Tribe.
(3) The Chairman of the Wounded Knee Community Council on the
Pine Ridge Indian Reservation.
(4) The Chairman of the Wounded Knee Subcommunity Council on
the Pine Ridge Indian Reservation.
(5) The Chairman of the White Clay Community Council on the
Pine Ridge Indian Reservation.
(6) The Chairman of District No. 3 on the Cheyenne River
Indian Reservation.
(7) The Chairman of Red Scaffold Community on the Cheyenne
River Indian Reservation.
(8) The Chairman of Cherry Creek Community on the Cheyenne
River Reservation.
(9) The Chairman of Bridger Community on the Cheyenne River
Reservation.
(10) The Chairman of the Board of Directors of the Oglala
Sioux Parks and Recreation Authority.
(11) The President of the Wounded Knee Survivors Association
of the Cheyenne River Indian Reservation.
(12) The President of the Wounded Knee Survivors Association
of the Pine Ridge Indian Reservation.
(13) The Secretary of the Smithsonian Institution.
(14)(i) The Governor of the State of South Dakota and the
historic preservation officer of such State.
(ii) The Governor of the State of Nebraska and the historic
preservation officer of such State.
(e) Chair: The offices of Chairman and Vice Chairman of the
Commission shall be rotated between the Chairman of the Cheyenne
River Sioux Tribe (or a designated representative of the Chairman)
and the President of the Oglala Sioux Tribe (or a designated
representative of the President) on a year-to-year basis. If both
the Chairman and Vice Chairman are absent from any meeting, the
members of the Commission who are present at the meeting shall
select a member who is present to serve in the place of the
Chairman for the meeting.
(f) Meetings: The Commission shall meet at the call of the
Chairman or a majority of its members. In a manner consistent with
the public meeting requirements of the Federal Advisory Committee
Act (5 U.S.C. App.), the Commission shall from time to time meet
with persons concerned with Park issues relating to the North Unit
or South Unit. The Commission shall record all minutes and
resolutions of the Commission and make such records available to
the public upon request.
(g) Administrative Director:
(1) In general: The Secretary, in consultation with the
Commission, shall employ an Administrative Director for the
Commission and define the duties of the Administrative
Director. The Administrative Director shall be paid at a rate
not to exceed the annual rate of basic pay payable for grade
GS-12 of the General Schedule under subchapter IV of chapter 53
of title 5, United States Code, without regard to--
(A) the provisions of title 5, United States Code,
governing appointments in the competitive service; and
(B) the provisions of chapter 51, and subchapter III of
chapter 52 of that title relating to classification and
General Schedule pay rates.
(2) Office: The office and staff of the Administrative
Director shall be located at such location as the Secretary
considers appropriate.
(h) Support Services: The Administrator of General Services shall
provide to the Commission, on a nonreimbursable basis, such
administrative support services as the Commission, in consultation
with the Secretary, may request.
(i) Expenses: Members of the Commission who are not otherwise
employed by the Federal Government, while away from their homes or
regular places of business in the performance of services for the
Commission, shall be allowed travel and all other related expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in Government service are allowed
expenses under section 5703 of title 5, United States Code.
(j) Applicability of Federal Advisory Act: Except with respect to
any requirement for reissuance of a charter, and except as
otherwise provided in this Act, the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
Commission established under this Act.
SEC. 9. FUNDRAISER AGREEMENTS WITH NONPROFIT CORPORATIONS.
(a) In General: Notwithstanding any other provision of law, the
Cheyenne River Sioux Tribe and the Oglala Sioux Tribe, or a
designated agency or authority of either tribe, may, with the
approval of the Secretary, enter into an agreement with a nonprofit
corporation to raise funds from private sources to be used in lieu
of, or supplement, any Federal funds made available by
appropriations pursuant to the authorization under section 11.
(b) New Projects: The Cheyenne River Sioux Tribe and the Oglala
Sioux Tribe, or a designated agency or authority of either tribe,
shall have the power and authority to enter into a separate
agreement with a nonprofit corporation to--
(1) raise funds from private sources to pay for all
obligations, costs, and fees for professional services
contracted, incurred, or assumed by the tribe, or a designated
agency or authority of the tribe, that are related, directly or
indirectly, to the development or establishment of the Park; and
(2) raise funds from private sources to plan, design,
construct, operate, maintain, and replace--
(A) an international amphitheater dedicated to the
Indigenous Peoples of the Americas to be located at or near
the Wounded Knee Massacre site, which, if constructed,
shall become the permanent home of the Francis Jansen
sculpture; and
(B) any other project that the Cheyenne River Sioux Tribe
or the Oglala Sioux Tribe may, in consultation with the
Secretary, choose to include within the North Unit or South
Unit.
SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.
The appropriate official of any Federal entity that conducts or
supports activities that directly affect the Park shall consult
with the Secretary and the Cheyenne River Sioux Tribe and the
Oglala Sioux Tribe with respect to such activities to minimize any
adverse effects on the Park.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 12. RULE OF STATUTORY CONSTRUCTION.
Nothing contained in this Act is intended to abrogate, modify, or
impair any rights or claims of the Cheyenne River Sioux Tribe or
Oglala Sioux Tribe, that are based on any treaty, Executive order,
agreement, Act of Congress, or other legal basis.