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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1148 Reported in Senate (RS)]

                                                       Calendar No. 744
106th CONGRESS
  2d Session
                                S. 1148

                          [Report No. 106-367]

 To provide for the Yankton Sioux Tribe and the Santee Sioux Tribe of 
   Nebraska certain benefits of the Missouri River Basin Pick-Sloan 
                    project, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

   Mr. Daschle (for himself, Mr. Kerrey, Mr. Johnson, and Mr. Hagel) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

                            August 25, 2000

 Reported under authority of the order of the Senate of July 26, 2000, 
    by Mr. Campbell, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To provide for the Yankton Sioux Tribe and the Santee Sioux Tribe of 
   Nebraska certain benefits of the Missouri River Basin Pick-Sloan 
                    project, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Yankton Sioux Tribe and 
Santee Sioux Tribe of Nebraska Development Trust Fund Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) by enacting the Act of December 22, 1944, 
        commonly known as the ``Flood Control Act of 1944'' (58 Stat. 
        887, chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved 
        the Pick-Sloan Missouri River Basin program (referred to in 
        this section as the ``Pick-Sloan program'')--</DELETED>
                <DELETED>    (A) to promote the general economic 
                development of the United States;</DELETED>
                <DELETED>    (B) to provide for irrigation above Sioux 
                City, Iowa;</DELETED>
                <DELETED>    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and</DELETED>
                <DELETED>    (D) for other purposes;</DELETED>
        <DELETED>    (2) the waters impounded for the Fort Randall and 
        Gavins Point projects of the Pick-Sloan program have inundated 
        the fertile, wooded bottom lands along the Missouri River that 
        constituted the most productive agricultural and pastoral lands 
        of, and the homeland of, the members of the Yankton Sioux Tribe 
        and the Santee Sioux Tribe;</DELETED>
        <DELETED>    (3) the Fort Randall project (including the Fort 
        Randall Dam and Reservoir)--</DELETED>
                <DELETED>    (A) overlies the western boundary of the 
                Yankton Sioux Tribe Indian Reservation; and</DELETED>
                <DELETED>    (B) has caused the erosion of more than 
                400 acres of prime land on the Yankton Sioux 
                Reservation adjoining the east bank of the Missouri 
                River;</DELETED>
        <DELETED>    (4) the Gavins Point project (including the Gavins 
        Point Dam and Reservoir) overlies the eastern boundary of the 
        Santee Sioux Tribe;</DELETED>
        <DELETED>    (5) although the Fort Randall and Gavins Point 
        projects are major components of the Pick-Sloan program, and 
        contribute to the economy of the United States by generating a 
        substantial amount of hydropower and impounding a substantial 
        quantity of water, the reservations of the Yankton Sioux Tribe 
        and the Santee Sioux Tribe remain undeveloped;</DELETED>
        <DELETED>    (6) the United States Army Corps of Engineers took 
        the Indian lands used for the Fort Randall and Gavins Point 
        projects by condemnation proceedings;</DELETED>
        <DELETED>    (7) the Federal Government did not give Yankton 
        Sioux Tribe and the Santee Sioux Tribe an opportunity to 
        receive compensation for direct damages from the Pick-Sloan 
        program, even though the Federal Government gave 5 Indian 
        reservations upstream from the reservations of those Indian 
        tribes such an opportunity;</DELETED>
        <DELETED>    (8) the Yankton Sioux Tribe and the Santee Sioux 
        Tribe did not receive just compensation for the taking of 
        productive agricultural Indian lands through the condemnation 
        referred to in paragraph (6);</DELETED>
        <DELETED>    (9) the settlement agreement that the United 
        States entered into with the Yankton Sioux Tribe and the Santee 
        Sioux Tribe to provide compensation for the taking by 
        condemnation referred to in paragraph (6) did not take into 
        account the increase in property values over the years between 
        the date of taking and the date of settlement; and</DELETED>
        <DELETED>    (10) in addition to the financial compensation 
        provided under the settlement agreements referred to in 
        paragraph (9)--</DELETED>
                <DELETED>    (A) the Yankton Sioux Tribe should receive 
                an aggregate amount equal to $34,323,743 for--
                </DELETED>
                        <DELETED>    (i) the loss value of 2,851.40 
                        acres of Indian land taken for the Fort Randall 
                        Dam and Reservoir of the Pick-Sloan program; 
                        and</DELETED>
                        <DELETED>    (ii) the use value of 408.40 acres 
                        of Indian land on the reservation of that 
                        Indian tribe that was lost as a result of 
                        stream bank erosion that has occurred since 
                        1953; and</DELETED>
                <DELETED>    (B) the Santee Sioux Tribe should receive 
                an aggregate amount equal to $8,132,838 for the loss 
                value of--</DELETED>
                        <DELETED>    (i) 593.10 acres of Indian land 
                        located near the Santee village; and</DELETED>
                        <DELETED>    (ii) 414.12 acres on Niobrara 
                        Island of the Santee Sioux Tribe Indian 
                        Reservation used for the Gavins Point Dam and 
                        Reservoir.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (2) Program.--The term ``Program'' means the power 
        program of the Pick-Sloan Missouri River Basin program, 
        administered by the Western Area Power 
        Administration.</DELETED>
        <DELETED>    (3) Santee sioux tribe.--The term ``Santee Sioux 
        Tribe'' means the Santee Sioux Tribe of Nebraska.</DELETED>

<DELETED>SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.</DELETED>

<DELETED>    (a) Establishment.--There is established in the Treasury 
of the United States a fund to be known as the ``Yankton Sioux Tribe 
Development Trust Fund'' (referred to in this section as the ``Fund''). 
The Fund shall consist of any amounts deposited in the Fund under this 
Act.</DELETED>
<DELETED>    (b) Funding.--Out of any money in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall deposit 
$34,323,743 into the Fund not later than 60 days after the date of 
enactment of this Act.</DELETED>
<DELETED>    (c) Investments.--The Secretary of the Treasury shall 
invest the amounts deposited under subsection (b) in interest-bearing 
obligations of the United States or in obligations guaranteed as to 
both principal and interest by the United States. The Secretary of the 
Treasury shall deposit interest resulting from such investments into 
the Fund.</DELETED>
<DELETED>    (d) Payment of Interest to Yankton Sioux Tribe.--
</DELETED>
        <DELETED>    (1) Withdrawal of interest.--Beginning at the end 
        of the first fiscal year in which interest is deposited into 
        the Fund, the Secretary of the Treasury shall withdraw the 
        aggregate amount of interest deposited into the Fund for that 
        fiscal year and transfer that amount to the Secretary of the 
        Interior for use in accordance with paragraph (2). Each amount 
        so transferred shall be available without fiscal year 
        limitation.</DELETED>
        <DELETED>    (2) Payments to yankton sioux tribe.--</DELETED>
                <DELETED>    (A) In general.--The Secretary of the 
                Interior shall use the amounts transferred under 
                paragraph (1) only for the purpose of making payments 
                to the Yankton Sioux Tribe, as such payments are 
                requested by that Indian tribe pursuant to tribal 
                resolution.</DELETED>
                <DELETED>    (B) Limitation.--Payments may be made by 
                the Secretary of the Interior under subparagraph (A) 
                only after the Yankton Sioux Tribe has adopted a tribal 
                plan under section 6.</DELETED>
                <DELETED>    (C) Use of payments by yankton sioux 
                tribe.--The Yankton Sioux Tribe shall use the payments 
                made under subparagraph (A) only for carrying out 
                projects and programs under the tribal plan prepared 
                under section 6.</DELETED>
                <DELETED>    (D) Pledge of future payments.--</DELETED>
                        <DELETED>    (i) In general.--Subject to clause 
                        (ii), the Yankton Sioux Tribe may enter into an 
                        agreement under which that Indian tribe pledges 
                        future payments under this paragraph as 
                        security for a loan or other financial 
                        transaction.</DELETED>
                        <DELETED>    (ii) Limitations.--The Yankton 
                        Sioux Tribe--</DELETED>
                                <DELETED>    (I) may enter into an 
                                agreement under clause (i) only in 
                                connection with the purchase of land or 
                                other capital assets; and</DELETED>
                                <DELETED>    (II) may not pledge, for 
                                any year under an agreement referred to 
                                in clause (i), an amount greater than 
                                40 percent of any payment under this 
                                paragraph for that year.</DELETED>
<DELETED>    (e) Transfers and Withdrawals.--Except as provided in 
subsections (c) and (d)(1), the Secretary of the Treasury may not 
transfer or withdraw any amount deposited under subsection 
(b).</DELETED>

<DELETED>SEC. 5. SANTEE SIOUX TRIBE OF NEBRASKA DEVELOPMENT TRUST 
              FUND.</DELETED>

<DELETED>    (a) Establishment.--There is established in the Treasury 
of the United States a fund to be known as the ``Santee Sioux Tribe of 
Nebraska Development Trust Fund'' (referred to in this section as the 
``Fund''). The Fund shall consist of any amounts deposited in the Fund 
under this Act.</DELETED>
<DELETED>    (b) Funding.--Out of any money in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall deposit 
$8,132,838 into the Fund not later than 60 days after the date of 
enactment of this Act.</DELETED>
<DELETED>    (c) Investments.--The Secretary of the Treasury shall 
invest the amounts deposited under subsection (b) in interest-bearing 
obligations of the United States or in obligations guaranteed as to 
both principal and interest by the United States. The Secretary of the 
Treasury shall deposit interest resulting from such investments into 
the Fund.</DELETED>
<DELETED>    (d) Payment of Interest to Santee Sioux Tribe.--</DELETED>
        <DELETED>    (1) Withdrawal of interest.--Beginning at the end 
        of the first fiscal year in which interest is deposited into 
        the Fund, the Secretary of the Treasury shall withdraw the 
        aggregate amount of interest deposited into the Fund for that 
        fiscal year and transfer that amount to the Secretary of the 
        Interior for use in accordance with paragraph (2). Each amount 
        so transferred shall be available without fiscal year 
        limitation.</DELETED>
        <DELETED>    (2) Payments to santee sioux tribe.--</DELETED>
                <DELETED>    (A) In general.--The Secretary of the 
                Interior shall use the amounts transferred under 
                paragraph (1) only for the purpose of making payments 
                to the Santee Sioux Tribe, as such payments are 
                requested by that Indian tribe pursuant to tribal 
                resolution.</DELETED>
                <DELETED>    (B) Limitation.--Payments may be made by 
                the Secretary of the Interior under subparagraph (A) 
                only after the Santee Sioux Tribe has adopted a tribal 
                plan under section 6.</DELETED>
                <DELETED>    (C) Use of payments by santee sioux 
                tribe.--The Santee Sioux Tribe shall use the payments 
                made under subparagraph (A) only for carrying out 
                projects and programs under the tribal plan prepared 
                under section 6.</DELETED>
                <DELETED>    (D) Pledge of future payments.--</DELETED>
                        <DELETED>    (i) In general.--Subject to clause 
                        (ii), the Santee Sioux Tribe may enter into an 
                        agreement under which that Indian tribe pledges 
                        future payments under this paragraph as 
                        security for a loan or other financial 
                        transaction.</DELETED>
                        <DELETED>    (ii) Limitations.--The Santee 
                        Sioux Tribe--</DELETED>
                                <DELETED>    (I) may enter into an 
                                agreement under clause (i) only in 
                                connection with the purchase of land or 
other capital assets; and</DELETED>
                                <DELETED>    (II) may not pledge, for 
                                any year under an agreement referred to 
                                in clause (i), an amount greater than 
                                40 percent of any payment under this 
                                paragraph for that year.</DELETED>
<DELETED>    (e) Transfers and Withdrawals.--Except as provided in 
subsections (c) and (d)(1), the Secretary of the Treasury may not 
transfer or withdraw any amount deposited under subsection 
(b).</DELETED>

<DELETED>SEC. 6. TRIBAL PLANS.</DELETED>

<DELETED>    (a) In General.--Not later than 24 months after the date 
of enactment of this Act, the tribal council of each of the Yankton 
Sioux and Santee Sioux Tribes shall prepare a plan for the use of the 
payments to the tribe under section 4(d) or 5(d) (referred to in this 
subsection as a ``tribal plan'').</DELETED>
<DELETED>    (b) Contents of Tribal Plan.--Each tribal plan shall 
provide for the manner in which the tribe covered under the tribal plan 
shall expend payments to the tribe under subsection (d) to promote--
</DELETED>
        <DELETED>    (1) economic development;</DELETED>
        <DELETED>    (2) infrastructure development;</DELETED>
        <DELETED>    (3) the educational, health, recreational, and 
        social welfare objectives of the tribe and its members; 
        or</DELETED>
        <DELETED>    (4) any combination of the activities described in 
        paragraphs (1), (2), and (3).</DELETED>
<DELETED>    (c) Tribal Plan Review and Revision.--</DELETED>
        <DELETED>    (1) In general.--Each tribal council referred to 
        in subsection (a) shall make available for review and comment 
        by the members of the tribe a copy of the tribal plan for the 
        Indian tribe before the tribal plan becomes final, in 
        accordance with procedures established by the tribal 
        council.</DELETED>
        <DELETED>    (2) Updating of tribal plan.--Each tribal council 
        referred to in subsection (a) may, on an annual basis, revise 
        the tribal plan prepared by that tribal council to update the 
        tribal plan. In revising the tribal plan under this paragraph, 
        the tribal council shall provide the members of the tribe 
        opportunity to review and comment on any proposed revision to 
        the tribal plan.</DELETED>

<DELETED>SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
              SERVICES.</DELETED>

<DELETED>    (a) In General.--No payment made to the Yankton Sioux 
Tribe or Santee Sioux Tribe pursuant to this Act shall result in the 
reduction or denial of any service or program to which, pursuant to 
Federal law--</DELETED>
        <DELETED>    (1) the Yankton Sioux Tribe or Santee Sioux Tribe 
        is otherwise entitled because of the status of the tribe as a 
        federally recognized Indian tribe; or</DELETED>
        <DELETED>    (2) any individual who is a member of a tribe 
        under paragraph (1) is entitled because of the status of the 
        individual as a member of the tribe.</DELETED>
<DELETED>    (b) Exemptions From Taxation.--No payment made pursuant to 
this Act shall be subject to any Federal or State income tax.</DELETED>
<DELETED>    (c) Power Rates.--No payment made pursuant to this Act 
shall affect Pick-Sloan Missouri River Basin power rates.</DELETED>

<DELETED>SEC. 8. STATUTORY CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this Act may be construed as diminishing or 
affecting any water right of an Indian tribe, except as specifically 
provided in another provision of this Act, any treaty right that is in 
effect on the date of enactment of this Act, any authority of the 
Secretary of the Interior or the head of any other Federal agency under 
a law in effect on the date of enactment of this Act.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act, including such sums as may be 
necessary for the administration of the Yankton Sioux Tribe Development 
Trust Fund under section 4 and the Santee Sioux Tribe of Nebraska 
Development Trust Fund under section 5.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux 
Tribe Equitable Compensation Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) by enacting the Act of December 22, 1944, commonly 
        known as the ``Flood Control Act of 1944'' (58 Stat. 887, 
        chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the 
        Pick-Sloan Missouri River Basin program (referred to in this 
        section as the ``Pick-Sloan program'')--
                    (A) to promote the general economic development of 
                the United States;
                    (B) to provide for irrigation above Sioux City, 
                Iowa;
                    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and
                    (D) for other purposes;
            (2) the waters impounded for the Fort Randall and Gavins 
        Point projects of the Pick-Sloan program have inundated the 
        fertile, wooded bottom lands along the Missouri River that 
        constituted the most productive agricultural and pastoral lands 
        of, and the homeland of, the members of the Yankton Sioux Tribe 
        and the Santee Sioux Tribe;
            (3) the Fort Randall project (including the Fort Randall 
        Dam and Reservoir)--
                    (A) overlies the western boundary of the Yankton 
                Sioux Tribe Indian Reservation; and
                    (B) has caused the erosion of more than 400 acres 
                of prime land on the Yankton Sioux Reservation 
                adjoining the east bank of the Missouri River;
            (4) the Gavins Point project (including the Gavins Point 
        Dam and Reservoir) overlies the eastern boundary of the Santee 
        Sioux Tribe;
            (5) although the Fort Randall and Gavins Point projects are 
        major components of the Pick-Sloan program, and contribute to 
        the economy of the United States by generating a substantial 
        amount of hydropower and impounding a substantial quantity of 
        water, the reservations of the Yankton Sioux Tribe and the 
        Santee Sioux Tribe remain undeveloped;
            (6) the United States Army Corps of Engineers took the 
        Indian lands used for the Fort Randall and Gavins Point 
        projects by condemnation proceedings;
            (7) the Federal Government did not give Yankton Sioux Tribe 
        and the Santee Sioux Tribe an opportunity to receive 
        compensation for direct damages from the Pick-Sloan program, 
        even though the Federal Government gave 5 Indian reservations 
        upstream from the reservations of those Indian tribes such an 
        opportunity;
            (8) the Yankton Sioux Tribe and the Santee Sioux Tribe did 
        not receive just compensation for the taking of productive 
        agricultural Indian lands through the condemnation referred to 
        in paragraph (6);
            (9) the settlement agreement that the United States entered 
        into with the Yankton Sioux Tribe and the Santee Sioux Tribe to 
        provide compensation for the taking by condemnation referred to 
        in paragraph (6) did not take into account the increase in 
        property values over the years between the date of taking and 
        the date of settlement; and
            (10) in addition to the financial compensation provided 
        under the settlement agreements referred to in paragraph (9)--
                    (A) the Yankton Sioux Tribe should receive an 
                aggregate amount equal to $34,323,743 for--
                            (i) the loss value of 2,851.40 acres of 
                        Indian land taken for the Fort Randall Dam and 
                        Reservoir of the Pick-Sloan program; and
                            (ii) the use value of 408.40 acres of 
                        Indian land on the reservation of that Indian 
                        tribe that was lost as a result of stream bank 
                        erosion that has occurred since 1953; and
                    (B) the Santee Sioux Tribe should receive an 
                aggregate amount equal to $8,132,838 for the loss value 
                of--
                            (i) 593.10 acres of Indian land located 
                        near the Santee village; and
                            (ii) 414.12 acres on Niobrara Island of the 
                        Santee Sioux Tribe Indian Reservation used for 
                        the Gavins Point Dam and Reservoir.

SEC. 3. 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) Santee sioux tribe.--The term ``Santee Sioux Tribe'' 
        means the Santee Sioux Tribe of Nebraska.
            (3) Yankton sioux tribe.--The term Yankton Sioux Tribe'' 
        means the Yankton Sioux Tribe of South Dakota.

SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Yankton Sioux Tribe 
Development Trust Fund'' (referred to in this section as the ``Fund''). 
The Fund shall consist of any amounts deposited in the Fund under this 
Act.
    (b) Funding.--On the first day of the 11th fiscal year that begins 
after the date of enactment of this Act, the Secretary of the Treasury 
shall, from the General Fund of the Treasury, deposit into the Fund 
established under subsection (a)--
            (1) $34,323,743; and
            (2) an additional amount that equals the amount of interest 
        that would have accrued on the amount described in paragraph 
(1) if such amount had been invested in interest-bearing obligations of 
the United States, or in obligations guaranteed as to both principal 
and interest by the United States, on the first day of the first fiscal 
year that begins after the date of enactment of this Act and compounded 
annually thereafter.
    (c) Investment of Trust Fund.--It shall be the duty of the 
Secretary of the Treasury to invest such portion of the Fund as is not, 
in the Secretary of Treasury's judgment, required to meet current 
withdrawals. Such investments may be made only in interest-bearing 
obligations of the United States or in obligations guaranteed as to 
both principal and interest by the United States. The Secretary of the 
Treasury shall deposit interest resulting from such investments into 
the Fund.
    (d) Payment of Interest to Tribe.--
            (1) Withdrawal of interest.--Beginning on the first day of 
        the 11th fiscal year after the date of enactment of this Act 
        and, on the first day of each fiscal year thereafter, the 
        Secretary of the Treasury shall withdraw the aggregate amount 
        of interest deposited into the Fund for that fiscal year and 
        transfer that amount to the Secretary of the Interior for use 
        in accordance with paragraph (2). Each amount so transferred 
        shall be available without fiscal year limitation.
            (2) Payments to yankton sioux tribe.--
                    (A) In general.--The Secretary of the Interior 
                shall use the amounts transferred under paragraph (1) 
                only for the purpose of making payments to the Yankton 
                Sioux Tribe, as such payments are requested by that 
                Indian tribe pursuant to tribal resolution.
                    (B) Limitation.--Payments may be made by the 
                Secretary of the Interior under subparagraph (A) only 
                after the Yankton Sioux Tribe has adopted a tribal plan 
                under section 6.
                    (C) Use of payments by yankton sioux tribe.--The 
                Yankton Sioux Tribe shall use the payments made under 
                subparagraph (A) only for carrying out projects and 
                programs under the tribal plan prepared under section 
                6.
    (e) Transfers and Withdrawals.--Except as provided in subsections 
(c) and (d)(1), the Secretary of the Treasury may not transfer or 
withdraw any amount deposited under subsection (b).

SEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Santee Sioux Tribe 
Development Trust Fund'' (referred to in this section as the ``Fund''). 
The Fund shall consist of any amounts deposited in the Fund under this 
Act.
    (b) Funding.--On the first day of the 11th fiscal year that begins 
after the date of enactment of this Act, the Secretary of the Treasury 
shall, from the General Fund of the Treasury, deposit into the Fund 
established under subsection (a)--
            (1) $8,132,838; and
            (2) an additional amount that equals the amount of interest 
        that would have accrued on the amount described in paragraph 
        (1) if such amount had been invested in interest-bearing 
        obligations of the United States, or in obligations guaranteed 
        as to both principal and interest by the United States, on the 
        first day of the first fiscal year that begins after the date 
of enactment of this Act and compounded annually thereafter.
    (c) Investment of Trust Fund.--It shall be the duty of the 
Secretary of the Treasury to invest such portion of the Fund as is not, 
in the Secretary of Treasury's judgment, required to meet current 
withdrawals. Such investments may be made only in interest-bearing 
obligations of the United States or in obligations guaranteed as to 
both principal and interest by the United States. The Secretary of the 
Treasury shall deposit interest resulting from such investments into 
the Fund.
    (d) Payment of Interest to Tribe.--
            (1) Withdrawal of interest.--Beginning on the first day of 
        the 11th fiscal year after the date of enactment of this Act 
        and, on the first day of each fiscal year thereafter, the 
        Secretary of the Treasury shall withdraw the aggregate amount 
        of interest deposited into the Fund for that fiscal year and 
        transfer that amount to the Secretary of the Interior for use 
        in accordance with paragraph (2). Each amount so transferred 
        shall be available without fiscal year limitation.
            (2) Payments to santee sioux tribe.--
                    (A) In general.--The Secretary of the Interior 
                shall use the amounts transferred under paragraph (1) 
                only for the purpose of making payments to the Santee 
                Sioux Tribe, as such payments are requested by that 
                Indian tribe pursuant to tribal resolution.
                    (B) Limitation.--Payments may be made by the 
                Secretary of the Interior under subparagraph (A) only 
                after the Santee Sioux Tribe has adopted a tribal plan 
                under section 6.
                    (C) Use of payments by santee sioux tribe.--The 
                Santee Sioux Tribe shall use the payments made under 
                subparagraph (A) only for carrying out projects and 
                programs under the tribal plan prepared under section 
                6.
    (e) Transfers and Withdrawals.--Except as provided in subsections 
(c) and (d)(1), the Secretary of the Treasury may not transfer or 
withdraw any amount deposited under subsection (b).

SEC. 6. TRIBAL PLANS.

    (a) In General.--Not later than 24 months after the date of 
enactment of this Act, the tribal council of each of the Yankton Sioux 
and Santee Sioux Tribes shall prepare a plan for the use of the 
payments to the tribe under section 4(d) or 5(d) (referred to in this 
subsection as a ``tribal plan'').
    (b) Contents of Tribal Plan.--Each tribal plan shall provide for 
the manner in which the tribe covered under the tribal plan shall 
expend payments to the tribe under subsection (d) to promote--
            (1) economic development;
            (2) infrastructure development;
            (3) the educational, health, recreational, and social 
        welfare objectives of the tribe and its members; or
            (4) any combination of the activities described in 
        paragraphs (1), (2), and (3).
    (c) Tribal Plan Review and Revision.--
            (1) In general.--Each tribal council referred to in 
        subsection (a) shall make available for review and comment by 
        the members of the tribe a copy of the tribal plan for the 
        Indian tribe before the tribal plan becomes final, in 
        accordance with procedures established by the tribal council.
            (2) Updating of tribal plan.--Each tribal council referred 
        to in subsection (a) may, on an annual basis, revise the tribal 
        plan prepared by that tribal council to update the tribal plan. 
        In revising the tribal plan under this paragraph, the tribal 
        council shall provide the members of the tribe opportunity to 
        review and comment on any proposed revision to the tribal plan.
            (3) Consultation.--In preparing the tribal plan and any 
        revisions to update the plan, each tribal council shall consult 
        with the Secretary of the Interior and the Secretary of Health 
        and Human Services.
            (4) Audit.--
                    (A) In general.--The activities of the tribes in 
                carrying out the tribal plans shall be audited as part 
                of the annual single-agency audit that the tribes are 
                required to prepare pursuant to the Office of 
                Management and Budget circular numbered A-133.
                    (B) Determination by auditors.--The auditors that 
                conduct the audit described in subparagraph (A) shall--
                            (i) determine whether funds received by 
                        each tribe under this section for the period 
                        covered by the audits were expended to carry 
                        out the respective tribal plans in a manner 
                        consistent with this section; and
                            (ii) include in the written findings of the 
                        audits the determinations made under clause 
                        (i).
                    (C) Inclusion of findings with publication of 
                proceedings of tribal council.--A copy of the written 
                findings of the audits described in subparagraph (A) 
                shall be inserted in the published minutes of each 
                tribal council's proceedings for the session at which 
                the audit is presented to the tribal councils.
    (d) Prohibition on Per Capita Payments.--No portion of any payment 
made under this Act may be distributed to any member of the Yankton 
Sioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita 
basis.

SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.

    (a) In General.--No payment made to the Yankton Sioux Tribe or 
Santee Sioux Tribe pursuant to this Act shall result in the reduction 
or denial of any service or program to which, pursuant to Federal law--
            (1) the Yankton Sioux Tribe or Santee Sioux Tribe is 
        otherwise entitled because of the status of the tribe as a 
        federally recognized Indian tribe; or
            (2) any individual who is a member of a tribe under 
        paragraph (1) is entitled because of the status of the 
        individual as a member of the tribe.
    (b) Exemptions From Taxation.--No payment made pursuant to this Act 
shall be subject to any Federal or State income tax.
    (c) Power Rates.--No payment made pursuant to this Act shall affect 
Pick-Sloan Missouri River Basin power rates.

SEC. 8. STATUTORY CONSTRUCTION.

    Nothing in this Act may be construed as diminishing or affecting 
any water right of an Indian tribe, except as specifically provided in 
another provision of this Act, any treaty right that is in effect on 
the date of enactment of this Act, any authority of the Secretary of 
the Interior or the head of any other Federal agency under a law in 
effect on the date of enactment of this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act, including such sums as may be necessary for the 
administration of the Yankton Sioux Tribe Development Trust Fund under 
section 4 and the Santee Sioux Tribe of Nebraska Development Trust Fund 
under section 5.

SEC. 10. EXTINGUISHMENT OF CLAIMS.

    Upon the deposit of funds under sections 4(b) and 5(b), all 
monetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe 
of Nebraska has or may have against the United States for loss of value 
or use of land related to lands described in section 2(a)(10) resulting 
from the Fort Randall and Gavins Point projects of the Pick-Sloan 
Missouri River Basin program shall be extinguished.
            Amend the title so as to read ``To provide equitable 
        compensation for the Yankton Sioux Tribe and the Santee Sioux 
        Tribe, and for other purposes.''.
                                                       Calendar No. 744

106th CONGRESS

  2d Session

                                S. 1148

                          [Report No. 106-367]

_______________________________________________________________________

                                 A BILL

 To provide for the Yankton Sioux Tribe and the Santee Sioux Tribe of 
   Nebraska certain benefits of the Missouri River Basin Pick-Sloan 
                    project, and for other purposes.

_______________________________________________________________________

                            August 25, 2000

        Reported with an amendment and an amendment to the title
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