[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1338 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1338
To expand and enhance the Little Bighorn Battlefield National Monument.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 2, 2001
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To expand and enhance the Little Bighorn Battlefield National Monument.
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 ``Little Bighorn Battlefield National
Monument Enhancement Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The following events were key in the creation of the
Little Bighorn Battlefield National Monument:
(A) On June 25 and 26, 1876, a historic battle
between the United States Seventh Cavalry, led by
General George Armstrong Custer, and an opposing force
of Arapaho, Northern Cheyenne, and Lakota Indians, was
fought near the Little Bighorn River in southern
Montana.
(B) On August 1, 1879, the battlefield was
officially recognized and designated as a national
cemetery under General Order No. 78, Headquarters of
the Army.
(C) On December 7, 1886, Executive Order No. 337443
established the boundary, approximately one mile
square, for the National Cemetery of Custer's
Battlefield Reservation.
(D) On April 14, 1926, the Reno-Benteen Battlefield
was acquired by an Act of Congress (44 Stat. 168), and
the Army was ordered to take charge of the site.
(E) On April 15, 1930, by an Act of Congress (46
Stat. 168), all rights, titles and privileges of the
Crow tribe, from whose reservation the battlefield site
was carved, were granted to the United States.
(F) On August 10, 1939, a public historical museum
was authorized (53 Stat. 1337).
(G) On June 3, 1940, Executive Order No. 8428
transferred management of the area to the National Park
Service, Department of the Interior.
(H) On March 22, 1946, by an Act of Congress
(Public Law 79-332) the area was redesignated, Custer
Battlefield National Monument.
(I) On January 3, 1991, by an Act of Congress
(Public Law 102-201), Custer Battlefield National
Monument was redesignated as Little Bighorn Battlefield
National Monument (referred to in this Act as the
``Monument''), and an Indian memorial was authorized.
(2) The current total size of the Monument is 765.34 acres.
This includes the areas immediately surrounding the cemetery
and a separate area, the Reno-Benteen Battlefield, a few miles
from the cemetery. There are additional sites of historical
interest related to the 1876 battle that are not contained
within the boundaries of the Monument as it is presently
constituted.
(3) The United States has a tradition of preserving the
sites of historic battles, in the conviction that such ground
is hallowed by the sacrifices of those who gave their lives in
conflict, and in the hope that understanding the events of our
past, especially tragic events, helps us to understand the
people we have become. A necessary part of this preserving and
honoring is attempting, as much as is possible, to maintain the
appearance of the places where these struggles occurred as the
participants would have experienced them.
(4) The area surrounding the Monument has seen markedly
increased commercial development in recent years. Such
development not only threatens to intrude on the experience of
visitors to the Monument, but in many instances the development
has actually taken place directly on sites of historical
importance, irrevocably altering physical features of the
landscape that are crucial for understanding what took place at
the Battle of the Little Bighorn.
(5) It is in the interest of the United States to preserve
the integrity of the site of the Battle of the Little Bighorn,
an event of lasting significance for the United States and for
the sovereign Indian nations. In order to preserve this
historical treasure, it is imperative that additional lands
surrounding the Monument be set aside and given protected
status or be made part of the Monument itself.
(6) All areas of the Monument, as well as the other areas
of historical interest, are completely contained within the
external boundaries of the Crow Indian Reservation.
(7) There is every indication that additional land and
facilities are available for inclusion in the Monument through
either voluntary conveyance or by gift or donation from private
individuals and entities.
(b) Purposes.--It is the purpose of this Act--
(1) to establish a cooperative and collaborative process
for expanding and enhancing the Monument;
(2) to ensure that the process established by this Act
reflects the social, historical and cultural concerns of the
Indian tribes participating in such processes in a manner
consistent with the long-standing Federal policy to encourage
tribal self-determination; and
(3) to ensure that the resources within the Monument are
protected and enhanced by--
(A) providing for partnerships between the Crow
Tribe, the National Park Service, and the Native
American Tribes who participated in the Battle of
Little Bighorn; and
(B) encouraging private individuals and entities to
donate land and facilities to the Monument.
SEC. 3. LITTLE BIGHORN BATTLEFIELD NATIONAL MONUMENT ENHANCEMENT
COMMITTEE.
(a) In General.--There is established a committee to be known as
the ``Little Bighorn Battlefield National Monument Enhancement
Committee'' (referred to in this section as the ``Committee'').
(b) Composition.--The Committee shall be composed of--
(1) 1 member appointed by the Secretary of Interior to
represent the Department of Interior;
(2) 3 members appointed by the Secretary of Interior to
represent the Native American tribes who participated in the
Battle of Little Bighorn; and
(3) 1 member appointed by the Crow Indian tribe.
(c) Administrative Provisions.--
(1) Quorum; meetings.--Three members of the Committee shall
constitute a quorum. The Committee shall act and provide advise
by the affirmative vote of a majority of the members voting at
a meeting at which a quorum is present. The Committee shall
meet on a regular basis. Notice of meetings and the agenda
shall be published in local newspapers which have a
distribution which generally covers the area affected by the
Monument. Committee meetings shall be held at locations and in
such a manner as to ensure adequate public involvement.
(2) Advisory functions.--The Committee shall advise the
Secretary to ensure that the Monument, its resources and
landscape, is sensitive to the history being portrayed and
artistically commendable.
(3) Technical staff.--In order to provide staff support and
technical services to assist the Committee in carrying out its
duties under this Act, upon the request of the Committee, the
Secretary of the Interior is authorized to detail any personnel
of the National Park Service to the Committee.
(4) Compensation.--Members of the Committee shall serve
without compensation but shall be entitled to travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in Government service under
section 5703 of title 5, United States Code.
(5) Charter.--The provisions of section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat.
776), are hereby waived with respect to the Committee.
(d) Duties.--The Committee shall--
(1) maintain a registry of facilities and land that may be
offered by private individuals and entities by gift, sale,
transfer, or other voluntary conveyance for inclusion in the
Monument;
(2) by a majority vote determined whether some or all of a
parcel of land or facility listed on the registry under
paragraph (1) is appropriate for inclusion as a part of the
Monument; and
(3) in the case of a positive recommendation under
subparagraph (A), provide advise to the Secretary on--
(A) whether the land or facility involved may be
available for no or nominal consideration or under what
terms and conditions the owner of such land or facility
would be willing to transfer such land or facility for
inclusion in the Monument for no or nominal
consideration; or
(B) whether the Committee recommends the use of the
Fund established under section 5 to acquire such land
or facility.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this act shall be construed to limit or impair the
jurisdiction or authority of the Crow Indian tribe.
SEC. 5. ESTABLISHMENT OF FUND.
There is established in the Treasury of the United States a fund to
be known as the ``Little Bighorn Battlefield National Monument
Enhancement Fund''. The Fund shall be used as provided for in section
3(d)(3)(B) and shall include--
(1) all amounts appropriated to the Fund; and
(2) all amounts donated to the Fund.
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