II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1148 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Yankton Sioux Tribe

3 and Santee Sioux Tribe of Nebraska Development Trust

4 Fund Act’’.

5 SEC. 2. FINDINGS AND PURPOSES.

6 (a) FINDINGS.—Congress finds that—

7 (1) by enacting the Act of December 22, 1944,

8 commonly known as the ‘‘Flood Control Act of

9 1944’’ (58 Stat. 887, chapter 665; 33 U.S.C. 701–

10 1 et seq.) Congress approved the Pick-Sloan Mis11 souri River Basin program (referred to in this sec12 tion as the ‘‘Pick-Sloan program’’)—

13 (A) to promote the general economic devel14 opment of the United States;

15 (B) to provide for irrigation above Sioux

16 City, Iowa;

17 (C) to protect urban and rural areas from

18 devastating floods of the Missouri River; and

19 (D) for other purposes;

20 (2) the waters impounded for the Fort Randall

21 and Gavins Point projects of the Pick-Sloan pro22 gram have inundated the fertile, wooded bottom

23 lands along the Missouri River that constituted the

24 most productive agricultural and pastoral lands of,

25 and the homeland of, the members of the Yankton

26 Sioux Tribe and the Santee Sioux Tribe;
3

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1 (3) the Fort Randall project (including the Fort

2 Randall Dam and Reservoir)—

3 (A) overlies the western boundary of the

4 Yankton Sioux Tribe Indian Reservation; and

5 (B) has caused the erosion of more than

6 400 acres of prime land on the Yankton Sioux

7 Reservation adjoining the east bank of the Mis8 souri River;

9 (4) the Gavins Point project (including the Gav10 ins Point Dam and Reservoir) overlies the eastern

11 boundary of the Santee Sioux Tribe;

12 (5) although the Fort Randall and Gavins Point

13 projects are major components of the Pick-Sloan

14 program, and contribute to the economy of the

15 United States by generating a substantial amount of

16 hydropower and impounding a substantial quantity

17 of water, the reservations of the Yankton Sioux

18 Tribe and the Santee Sioux Tribe remain undevel19 oped;

20 (6) the United States Army Corps of Engineers

21 took the Indian lands used for the Fort Randall and

22 Gavins Point projects by condemnation proceedings;

23 (7) the Federal Government did not give

24 Yankton Sioux Tribe and the Santee Sioux Tribe an

25 opportunity to receive compensation for direct dam-
4

•S 1148 RS

1 ages from the Pick-Sloan program, even though the

2 Federal Government gave 5 Indian reservations up3 stream from the reservations of those Indian tribes

4 such an opportunity;

5 (8) the Yankton Sioux Tribe and the Santee

6 Sioux Tribe did not receive just compensation for

7 the taking of productive agricultural Indian lands

8 through the condemnation referred to in paragraph

9 (6);

10 (9) the settlement agreement that the United

11 States entered into with the Yankton Sioux Tribe

12 and the Santee Sioux Tribe to provide compensation

13 for the taking by condemnation referred to in para14 graph (6) did not take into account the increase in

15 property values over the years between the date of

16 taking and the date of settlement; and

17 (10) in addition to the financial compensation

18 provided under the settlement agreements referred

19 to in paragraph (9)—

20 (A) the Yankton Sioux Tribe should re21 ceive an aggregate amount equal to

22 $34,323,743 for—

23 (i) the loss value of 2,851.40 acres of

24 Indian land taken for the Fort Randall
5

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1 Dam and Reservoir of the Pick-Sloan pro2 gram; and

3 (ii) the use value of 408.40 acres of

4 Indian land on the reservation of that In5 dian tribe that was lost as a result of

6 stream bank erosion that has occurred

7 since 1953; and

8 (B) the Santee Sioux Tribe should receive

9 an aggregate amount equal to $8,132,838 for

10 the loss value of—

11 (i) 593.10 acres of Indian land lo12 cated near the Santee village; and

13 (ii) 414.12 acres on Niobrara Island

14 of the Santee Sioux Tribe Indian Reserva15 tion used for the Gavins Point Dam and

16 Reservoir.

17 SEC. 3. DEFINITIONS.

18 In this Act:

19 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

20 has the meaning given that term in section 4(e) of

21 the Indian Self-Determination and Education Assist22 ance Act (25 U.S.C. 450b(e)).

23 (2) PROGRAM.—The term ‘‘Program’’ means

24 the power program of the Pick-Sloan Missouri River
6

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1 Basin program, administered by the Western Area

2 Power Administration.

3 (3) SANTEE SIOUX TRIBE.—The term ‘‘Santee

4 Sioux Tribe’’ means the Santee Sioux Tribe of Ne5 braska.

6 SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST

7 FUND.

8 (a) ESTABLISHMENT.—There is established in the

9 Treasury of the United States a fund to be known as the

10 ‘‘Yankton Sioux Tribe Development Trust Fund’’ (re11 ferred to in this section as the ‘‘Fund’’). The Fund shall

12 consist of any amounts deposited in the Fund under this

13 Act.

14 (b) FUNDING.—Out of any money in the Treasury

15 not otherwise appropriated, the Secretary of the Treasury

16 shall deposit $34,323,743 into the Fund not later than

17 60 days after the date of enactment of this Act.

18 (c) INVESTMENTS.—The Secretary of the Treasury

19 shall invest the amounts deposited under subsection (b)

20 in interest-bearing obligations of the United States or in

21 obligations guaranteed as to both principal and interest

22 by the United States. The Secretary of the Treasury shall

23 deposit interest resulting from such investments into the

24 Fund.
7

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1 (d) PAYMENT OF INTEREST TO YANKTON SIOUX

2 TRIBE.—

3 (1) WITHDRAWAL OF INTEREST.—Beginning at

4 the end of the first fiscal year in which interest is

5 deposited into the Fund, the Secretary of the Treas6 ury shall withdraw the aggregate amount of interest

7 deposited into the Fund for that fiscal year and

8 transfer that amount to the Secretary of the Interior

9 for use in accordance with paragraph (2). Each

10 amount so transferred shall be available without fis11 cal year limitation.

12 (2) PAYMENTS TO YANKTON SIOUX TRIBE.—

13 (A) IN GENERAL.—The Secretary of the

14 Interior shall use the amounts transferred

15 under paragraph (1) only for the purpose of

16 making payments to the Yankton Sioux Tribe,

17 as such payments are requested by that Indian

18 tribe pursuant to tribal resolution.

19 (B) LIMITATION.—Payments may be made

20 by the Secretary of the Interior under subpara21 graph (A) only after the Yankton Sioux Tribe

22 has adopted a tribal plan under section 6.

23 (C) USE OF PAYMENTS BY YANKTON

24 SIOUX TRIBE.—The Yankton Sioux Tribe shall

25 use the payments made under subparagraph
8

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1 (A) only for carrying out projects and programs

2 under the tribal plan prepared under section 6.

3 (D) PLEDGE OF FUTURE PAYMENTS.—

4 (i) IN GENERAL.—Subject to clause

5 (ii), the Yankton Sioux Tribe may enter

6 into an agreement under which that Indian

7 tribe pledges future payments under this

8 paragraph as security for a loan or other

9 financial transaction.

10 (ii) LIMITATIONS.—The Yankton

11 Sioux Tribe—

12 (I) may enter into an agreement

13 under clause (i) only in connection

14 with the purchase of land or other

15 capital assets; and

16 (II) may not pledge, for any year

17 under an agreement referred to in

18 clause (i), an amount greater than 40

19 percent of any payment under this

20 paragraph for that year.

21 (e) TRANSFERS AND WITHDRAWALS.—Except as

22 provided in subsections (c) and (d)(1), the Secretary of

23 the Treasury may not transfer or withdraw any amount

24 deposited under subsection (b).
9

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1 SEC. 5. SANTEE SIOUX TRIBE OF NEBRASKA DEVELOP2 MENT TRUST FUND.

3 (a) ESTABLISHMENT.—There is established in the

4 Treasury of the United States a fund to be known as the

5 ‘‘Santee Sioux Tribe of Nebraska Development Trust

6 Fund’’ (referred to in this section as the ‘‘Fund’’). The

7 Fund shall consist of any amounts deposited in the Fund

8 under this Act.

9 (b) FUNDING.—Out of any money in the Treasury

10 not otherwise appropriated, the Secretary of the Treasury

11 shall deposit $8,132,838 into the Fund not later than 60

12 days after the date of enactment of this Act.

13 (c) INVESTMENTS.—The Secretary of the Treasury

14 shall invest the amounts deposited under subsection (b)

15 in interest-bearing obligations of the United States or in

16 obligations guaranteed as to both principal and interest

17 by the United States. The Secretary of the Treasury shall

18 deposit interest resulting from such investments into the

19 Fund.

20 (d) PAYMENT OF INTEREST TO SANTEE SIOUX

21 TRIBE.—

22 (1) WITHDRAWAL OF INTEREST.—Beginning at

23 the end of the first fiscal year in which interest is

24 deposited into the Fund, the Secretary of the Treas25 ury shall withdraw the aggregate amount of interest

26 deposited into the Fund for that fiscal year and
10

•S 1148 RS

1 transfer that amount to the Secretary of the Interior

2 for use in accordance with paragraph (2). Each

3 amount so transferred shall be available without fis4 cal year limitation.

5 (2) PAYMENTS TO SANTEE SIOUX TRIBE.—

6 (A) IN GENERAL.—The Secretary of the

7 Interior shall use the amounts transferred

8 under paragraph (1) only for the purpose of

9 making payments to the Santee Sioux Tribe, as

10 such payments are requested by that Indian

11 tribe pursuant to tribal resolution.

12 (B) LIMITATION.—Payments may be made

13 by the Secretary of the Interior under subpara14 graph (A) only after the Santee Sioux Tribe has

15 adopted a tribal plan under section 6.

16 (C) USE OF PAYMENTS BY SANTEE SIOUX

17 TRIBE.—The Santee Sioux Tribe shall use the

18 payments made under subparagraph (A) only

19 for carrying out projects and programs under

20 the tribal plan prepared under section 6.

21 (D) PLEDGE OF FUTURE PAYMENTS.—

22 (i) IN GENERAL.—Subject to clause

23 (ii), the Santee Sioux Tribe may enter into

24 an agreement under which that Indian

25 tribe pledges future payments under this
11

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1 paragraph as security for a loan or other

2 financial transaction.

3 (ii) LIMITATIONS.—The Santee Sioux

4 Tribe—

5 (I) may enter into an agreement

6 under clause (i) only in connection

7 with the purchase of land or other

8 capital assets; and

9 (II) may not pledge, for any year

10 under an agreement referred to in

11 clause (i), an amount greater than 40

12 percent of any payment under this

13 paragraph for that year.

14 (e) TRANSFERS AND WITHDRAWALS.—Except as

15 provided in subsections (c) and (d)(1), the Secretary of

16 the Treasury may not transfer or withdraw any amount

17 deposited under subsection (b).

18 SEC. 6. TRIBAL PLANS.

19 (a) IN GENERAL.—Not later than 24 months after

20 the date of enactment of this Act, the tribal council of

21 each of the Yankton Sioux and Santee Sioux Tribes shall

22 prepare a plan for the use of the payments to the tribe

23 under section 4(d) or 5(d) (referred to in this subsection

24 as a ‘‘tribal plan’’).
12

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1 (b) CONTENTS OF TRIBAL PLAN.—Each tribal plan

2 shall provide for the manner in which the tribe covered

3 under the tribal plan shall expend payments to the tribe

4 under subsection (d) to promote—

5 (1) economic development;

6 (2) infrastructure development;

7 (3) the educational, health, recreational, and so8 cial welfare objectives of the tribe and its members;

9 or

10 (4) any combination of the activities described

11 in paragraphs (1), (2), and (3).

12 (c) TRIBAL PLAN REVIEW AND REVISION.—

13 (1) IN GENERAL.—Each tribal council referred

14 to in subsection (a) shall make available for review

15 and comment by the members of the tribe a copy of

16 the tribal plan for the Indian tribe before the tribal

17 plan becomes final, in accordance with procedures

18 established by the tribal council.

19 (2) UPDATING OF TRIBAL PLAN.—Each tribal

20 council referred to in subsection (a) may, on an an21 nual basis, revise the tribal plan prepared by that

22 tribal council to update the tribal plan. In revising

23 the tribal plan under this paragraph, the tribal

24 council shall provide the members of the tribe oppor-
13

•S 1148 RS

1 tunity to review and comment on any proposed revi2 sion to the tribal plan.

3 SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

4 AND SERVICES.

5 (a) IN GENERAL.—No payment made to the Yankton

6 Sioux Tribe or Santee Sioux Tribe pursuant to this Act

7 shall result in the reduction or denial of any service or

8 program to which, pursuant to Federal law—

9 (1) the Yankton Sioux Tribe or Santee Sioux

10 Tribe is otherwise entitled because of the status of

11 the tribe as a federally recognized Indian tribe; or

12 (2) any individual who is a member of a tribe

13 under paragraph (1) is entitled because of the status

14 of the individual as a member of the tribe.

15 (b) EXEMPTIONS FROM TAXATION.—No payment

16 made pursuant to this Act shall be subject to any Federal

17 or State income tax.

18 (c) POWER RATES.—No payment made pursuant to

19 this Act shall affect Pick-Sloan Missouri River Basin

20 power rates.

21 SEC. 8. STATUTORY CONSTRUCTION.

22 Nothing in this Act may be construed as diminishing

23 or affecting any water right of an Indian tribe, except as

24 specifically provided in another provision of this Act, any

25 treaty right that is in effect on the date of enactment of
14

•S 1148 RS

1 this Act, any authority of the Secretary of the Interior

2 or the head of any other Federal agency under a law in

3 effect on the date of enactment of this Act.

4 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated such sums

6 as are necessary to carry out this Act, including such sums

7 as may be necessary for the administration of the Yankton

8 Sioux Tribe Development Trust Fund under section 4 and

9 the Santee Sioux Tribe of Nebraska Development Trust

10 Fund under section 5.

11 SECTION 1. SHORT TITLE.

12 This Act may be cited as the ‘‘Yankton Sioux Tribe

13 and Santee Sioux Tribe Equitable Compensation Act’’.

14 SEC. 2. FINDINGS AND PURPOSES.

15 (a) FINDINGS.—Congress finds that—

16 (1) by enacting the Act of December 22, 1944,

17 commonly known as the ‘‘Flood Control Act of 1944’’

18 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et seq.)

19 Congress approved the Pick-Sloan Missouri River

20 Basin program (referred to in this section as the

21 ‘‘Pick-Sloan program’’)—

22 (A) to promote the general economic devel23 opment of the United States;

24 (B) to provide for irrigation above Sioux

25 City, Iowa;
15

•S 1148 RS

1 (C) to protect urban and rural areas from

2 devastating floods of the Missouri River; and

3 (D) for other purposes;

4 (2) the waters impounded for the Fort Randall

5 and Gavins Point projects of the Pick-Sloan program

6 have inundated the fertile, wooded bottom lands along

7 the Missouri River that constituted the most produc8 tive agricultural and pastoral lands of, and the home9 land of, the members of the Yankton Sioux Tribe and

10 the Santee Sioux Tribe;

11 (3) the Fort Randall project (including the Fort

12 Randall Dam and Reservoir)—

13 (A) overlies the western boundary of the

14 Yankton Sioux Tribe Indian Reservation; and

15 (B) has caused the erosion of more than 400

16 acres of prime land on the Yankton Sioux Res17 ervation adjoining the east bank of the Missouri

18 River;

19 (4) the Gavins Point project (including the Gav20 ins Point Dam and Reservoir) overlies the eastern

21 boundary of the Santee Sioux Tribe;

22 (5) although the Fort Randall and Gavins Point

23 projects are major components of the Pick-Sloan pro24 gram, and contribute to the economy of the United

25 States by generating a substantial amount of hydro-
16

•S 1148 RS

1 power and impounding a substantial quantity of

2 water, the reservations of the Yankton Sioux Tribe

3 and the Santee Sioux Tribe remain undeveloped;

4 (6) the United States Army Corps of Engineers

5 took the Indian lands used for the Fort Randall and

6 Gavins Point projects by condemnation proceedings;

7 (7) the Federal Government did not give

8 Yankton Sioux Tribe and the Santee Sioux Tribe an

9 opportunity to receive compensation for direct dam10 ages from the Pick-Sloan program, even though the

11 Federal Government gave 5 Indian reservations up12 stream from the reservations of those Indian tribes

13 such an opportunity;

14 (8) the Yankton Sioux Tribe and the Santee

15 Sioux Tribe did not receive just compensation for the

16 taking of productive agricultural Indian lands

17 through the condemnation referred to in paragraph

18 (6);

19 (9) the settlement agreement that the United

20 States entered into with the Yankton Sioux Tribe and

21 the Santee Sioux Tribe to provide compensation for

22 the taking by condemnation referred to in paragraph

23 (6) did not take into account the increase in property

24 values over the years between the date of taking and

25 the date of settlement; and
17

•S 1148 RS

1 (10) in addition to the financial compensation

2 provided under the settlement agreements referred to

3 in paragraph (9)—

4 (A) the Yankton Sioux Tribe should receive

5 an aggregate amount equal to $34,323,743 for—

6 (i) the loss value of 2,851.40 acres of

7 Indian land taken for the Fort Randall

8 Dam and Reservoir of the Pick-Sloan pro9 gram; and

10 (ii) the use value of 408.40 acres of In11 dian land on the reservation of that Indian

12 tribe that was lost as a result of stream

13 bank erosion that has occurred since 1953;

14 and

15 (B) the Santee Sioux Tribe should receive

16 an aggregate amount equal to $8,132,838 for the

17 loss value of—

18 (i) 593.10 acres of Indian land located

19 near the Santee village; and

20 (ii) 414.12 acres on Niobrara Island of

21 the Santee Sioux Tribe Indian Reservation

22 used for the Gavins Point Dam and Res23 ervoir.

24 SEC. 3. DEFINITIONS.

25 In this Act:
18

•S 1148 RS

1 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has

2 the meaning given that term in section 4(e) of the In3 dian Self-Determination and Education Assistance

4 Act (25 U.S.C. 450b(e)).

5 (2) SANTEE SIOUX TRIBE.—The term ‘‘Santee

6 Sioux Tribe’’ means the Santee Sioux Tribe of Ne7 braska.

8 (3) YANKTON SIOUX TRIBE.—The term Yankton

9 Sioux Tribe’’ means the Yankton Sioux Tribe of

10 South Dakota.

11 SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST

12 FUND.

13 (a) ESTABLISHMENT.—There is established in the

14 Treasury of the United States a fund to be known as the

15 ‘‘Yankton Sioux Tribe Development Trust Fund’’ (referred

16 to in this section as the ‘‘Fund’’). The Fund shall consist

17 of any amounts deposited in the Fund under this Act.

18 (b) FUNDING.—On the first day of the 11th fiscal year

19 that begins after the date of enactment of this Act, the Sec20 retary of the Treasury shall, from the General Fund of the

21 Treasury, deposit into the Fund established under sub22 section (a)—

23 (1) $34,323,743; and

24 (2) an additional amount that equals the

25 amount of interest that would have accrued on the
19

•S 1148 RS

1 amount described in paragraph (1) if such amount

2 had been invested in interest-bearing obligations of

3 the United States, or in obligations guaranteed as to

4 both principal and interest by the United States, on

5 the first day of the first fiscal year that begins after

6 the date of enactment of this Act and compounded

7 annually thereafter.

8 (c) INVESTMENT OF TRUST FUND.—It shall be the

9 duty of the Secretary of the Treasury to invest such portion

10 of the Fund as is not, in the Secretary of Treasury’s judg11 ment, required to meet current withdrawals. Such invest12 ments may be made only in interest-bearing obligations of

13 the United States or in obligations guaranteed as to both

14 principal and interest by the United States. The Secretary

15 of the Treasury shall deposit interest resulting from such

16 investments into the Fund.

17 (d) PAYMENT OF INTEREST TO TRIBE.—

18 (1) WITHDRAWAL OF INTEREST.—Beginning on

19 the first day of the 11th fiscal year after the date of

20 enactment of this Act and, on the first day of each

21 fiscal year thereafter, the Secretary of the Treasury

22 shall withdraw the aggregate amount of interest de23 posited into the Fund for that fiscal year and transfer

24 that amount to the Secretary of the Interior for use

25 in accordance with paragraph (2). Each amount so
20

•S 1148 RS

1 transferred shall be available without fiscal year limi2 tation.

3 (2) PAYMENTS TO YANKTON SIOUX TRIBE.—

4 (A) IN GENERAL.—The Secretary of the In5 terior shall use the amounts transferred under

6 paragraph (1) only for the purpose of making

7 payments to the Yankton Sioux Tribe, as such

8 payments are requested by that Indian tribe

9 pursuant to tribal resolution.

10 (B) LIMITATION.—Payments may be made

11 by the Secretary of the Interior under subpara12 graph (A) only after the Yankton Sioux Tribe

13 has adopted a tribal plan under section 6.

14 (C) USE OF PAYMENTS BY YANKTON SIOUX

15 TRIBE.—The Yankton Sioux Tribe shall use the

16 payments made under subparagraph (A) only

17 for carrying out projects and programs under the

18 tribal plan prepared under section 6.

19 (e) TRANSFERS AND WITHDRAWALS.—Except as pro20 vided in subsections (c) and (d)(1), the Secretary of the

21 Treasury may not transfer or withdraw any amount depos22 ited under subsection (b).

23 SEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND.

24 (a) ESTABLISHMENT.—There is established in the

25 Treasury of the United States a fund to be known as the
21

•S 1148 RS

1 ‘‘Santee Sioux Tribe Development Trust Fund’’ (referred to

2 in this section as the ‘‘Fund’’). The Fund shall consist of

3 any amounts deposited in the Fund under this Act.

4 (b) FUNDING.—On the first day of the 11th fiscal year

5 that begins after the date of enactment of this Act, the Sec6 retary of the Treasury shall, from the General Fund of the

7 Treasury, deposit into the Fund established under sub8 section (a)—

9 (1) $8,132,838; and

10 (2) an additional amount that equals the

11 amount of interest that would have accrued on the

12 amount described in paragraph (1) if such amount

13 had been invested in interest-bearing obligations of

14 the United States, or in obligations guaranteed as to

15 both principal and interest by the United States, on

16 the first day of the first fiscal year that begins after

17 the date of enactment of this Act and compounded

18 annually thereafter.

19 (c) INVESTMENT OF TRUST FUND.—It shall be the

20 duty of the Secretary of the Treasury to invest such portion

21 of the Fund as is not, in the Secretary of Treasury’s judg22 ment, required to meet current withdrawals. Such invest23 ments may be made only in interest-bearing obligations of

24 the United States or in obligations guaranteed as to both

25 principal and interest by the United States. The Secretary
22

•S 1148 RS

1 of the Treasury shall deposit interest resulting from such

2 investments into the Fund.

3 (d) PAYMENT OF INTEREST TO TRIBE.—

4 (1) WITHDRAWAL OF INTEREST.—Beginning on

5 the first day of the 11th fiscal year after the date of

6 enactment of this Act and, on the first day of each

7 fiscal year thereafter, the Secretary of the Treasury

8 shall withdraw the aggregate amount of interest de9 posited into the Fund for that fiscal year and transfer

10 that amount to the Secretary of the Interior for use

11 in accordance with paragraph (2). Each amount so

12 transferred shall be available without fiscal year limi13 tation.

14 (2) PAYMENTS TO SANTEE SIOUX TRIBE.—

15 (A) IN GENERAL.—The Secretary of the In16 terior shall use the amounts transferred under

17 paragraph (1) only for the purpose of making

18 payments to the Santee Sioux Tribe, as such

19 payments are requested by that Indian tribe

20 pursuant to tribal resolution.

21 (B) LIMITATION.—Payments may be made

22 by the Secretary of the Interior under subpara23 graph (A) only after the Santee Sioux Tribe has

24 adopted a tribal plan under section 6.
23

•S 1148 RS

1 (C) USE OF PAYMENTS BY SANTEE SIOUX

2 TRIBE.—The Santee Sioux Tribe shall use the

3 payments made under subparagraph (A) only

4 for carrying out projects and programs under the

5 tribal plan prepared under section 6.

6 (e) TRANSFERS AND WITHDRAWALS.—Except as pro7 vided in subsections (c) and (d)(1), the Secretary of the

8 Treasury may not transfer or withdraw any amount depos9 ited under subsection (b).

10 SEC. 6. TRIBAL PLANS.

11 (a) IN GENERAL.—Not later than 24 months after the

12 date of enactment of this Act, the tribal council of each of

13 the Yankton Sioux and Santee Sioux Tribes shall prepare

14 a plan for the use of the payments to the tribe under section

15 4(d) or 5(d) (referred to in this subsection as a ‘‘tribal

16 plan’’).

17 (b) CONTENTS OF TRIBAL PLAN.—Each tribal plan

18 shall provide for the manner in which the tribe covered

19 under the tribal plan shall expend payments to the tribe

20 under subsection (d) to promote—

21 (1) economic development;

22 (2) infrastructure development;

23 (3) the educational, health, recreational, and so24 cial welfare objectives of the tribe and its members; or
24

•S 1148 RS

1 (4) any combination of the activities described in

2 paragraphs (1), (2), and (3).

3 (c) TRIBAL PLAN REVIEW AND REVISION.—

4 (1) IN GENERAL.—Each tribal council referred to

5 in subsection (a) shall make available for review and

6 comment by the members of the tribe a copy of the

7 tribal plan for the Indian tribe before the tribal plan

8 becomes final, in accordance with procedures estab9 lished by the tribal council.

10 (2) UPDATING OF TRIBAL PLAN.—Each tribal

11 council referred to in subsection (a) may, on an an12 nual basis, revise the tribal plan prepared by that

13 tribal council to update the tribal plan. In revising

14 the tribal plan under this paragraph, the tribal coun15 cil shall provide the members of the tribe opportunity

16 to review and comment on any proposed revision to

17 the tribal plan.

18 (3) CONSULTATION.—In preparing the tribal

19 plan and any revisions to update the plan, each trib20 al council shall consult with the Secretary of the Inte21 rior and the Secretary of Health and Human Serv22 ices.

23 (4) AUDIT.—

24 (A) IN GENERAL.—The activities of the

25 tribes in carrying out the tribal plans shall be
25

•S 1148 RS

1 audited as part of the annual single-agency

2 audit that the tribes are required to prepare pur3 suant to the Office of Management and Budget

4 circular numbered A–133.

5 (B) DETERMINATION BY AUDITORS.—The

6 auditors that conduct the audit described in sub7 paragraph (A) shall—

8 (i) determine whether funds received by

9 each tribe under this section for the period

10 covered by the audits were expended to

11 carry out the respective tribal plans in a

12 manner consistent with this section; and

13 (ii) include in the written findings of

14 the audits the determinations made under

15 clause (i).

16 (C) INCLUSION OF FINDINGS WITH PUBLICA17 TION OF PROCEEDINGS OF TRIBAL COUNCIL.—A

18 copy of the written findings of the audits de19 scribed in subparagraph (A) shall be inserted in

20 the published minutes of each tribal council’s

21 proceedings for the session at which the audit is

22 presented to the tribal councils.

23 (d) PROHIBITION ON PER CAPITA PAYMENTS.—No

24 portion of any payment made under this Act may be dis-
26

•S 1148 RS

1 tributed to any member of the Yankton Sioux Tribe or the

2 Santee Sioux Tribe of Nebraska on a per capita basis.

3 SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

4 AND SERVICES.

5 (a) IN GENERAL.—No payment made to the Yankton

6 Sioux Tribe or Santee Sioux Tribe pursuant to this Act

7 shall result in the reduction or denial of any service or pro8 gram to which, pursuant to Federal law—

9 (1) the Yankton Sioux Tribe or Santee Sioux

10 Tribe is otherwise entitled because of the status of the

11 tribe as a federally recognized Indian tribe; or

12 (2) any individual who is a member of a tribe

13 under paragraph (1) is entitled because of the status

14 of the individual as a member of the tribe.

15 (b) EXEMPTIONS FROM TAXATION.—No payment

16 made pursuant to this Act shall be subject to any Federal

17 or State income tax.

18 (c) POWER RATES.—No payment made pursuant to

19 this Act shall affect Pick-Sloan Missouri River Basin power

20 rates.

21 SEC. 8. STATUTORY CONSTRUCTION.

22 Nothing in this Act may be construed as diminishing

23 or affecting any water right of an Indian tribe, except as

24 specifically provided in another provision of this Act, any

25 treaty right that is in effect on the date of enactment of
27

•S 1148 RS

1 this Act, any authority of the Secretary of the Interior or

2 the head of any other Federal agency under a law in effect

3 on the date of enactment of this Act.

4 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated such sums as

6 are necessary to carry out this Act, including such sums

7 as may be necessary for the administration of the Yankton

8 Sioux Tribe Development Trust Fund under section 4 and

9 the Santee Sioux Tribe of Nebraska Development Trust

10 Fund under section 5.

11 SEC. 10. EXTINGUISHMENT OF CLAIMS.

12 Upon the deposit of funds under sections 4(b) and 5(b),

13 all monetary claims that the Yankton Sioux Tribe or the

14 Santee Sioux Tribe of Nebraska has or may have against

15 the United States for loss of value or use of land related

16 to lands described in section 2(a)(10) resulting from the

17 Fort Randall and Gavins Point projects of the Pick-Sloan

18 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 benefitsof the Missouri River Basin Pick-Sloan project,and for other purposes.

AUGUST 25, 2000

Reported with an amendment and an amendment to the

title