II

106TH CONGRESS

1ST SESSION S. 1148

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 and Mr. KERREY) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

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,

3 SECTION 1. SHORT TITLE.

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

5 and Santee Sioux Tribe of Nebraska Development Trust

6 Fund Act’’.

7 SEC. 2. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds that—
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1 (1) by enacting the Act of December 22, 1944,

2 commonly known as the ‘‘Flood Control Act of

3 1944’’ (58 Stat. 887, chapter 665; 33 U.S.C. 701–

4 1 et seq.) Congress approved the Pick-Sloan Mis5 souri River Basin program (referred to in this sec6 tion as the ‘‘Pick-Sloan program’’)—

7 (A) to promote the general economic devel8 opment of the United States;

9 (B) to provide for irrigation above Sioux

10 City, Iowa;

11 (C) to protect urban and rural areas from

12 devastating floods of the Missouri River; and

13 (D) for other purposes;

14 (2) the waters impounded for the Fort Randall

15 and Gavins Point projects of the Pick-Sloan pro16 gram have inundated the fertile, wooded bottom

17 lands along the Missouri River that constituted the

18 most productive agricultural and pastoral lands of,

19 and the homeland of, the members of the Yankton

20 Sioux Tribe and the Santee Sioux Tribe;

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

22 Randall Dam and Reservoir)—

23 (A) overlies the western boundary of the

24 Yankton Sioux Tribe Indian Reservation; and
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1 (B) has caused the erosion of more than

2 400 acres of prime land on the Yankton Sioux

3 Reservation adjoining the east bank of the Mis4 souri River;

5 (4) the Gavins Point project (including the Gav6 ins Point Dam and Reservoir) overlies the eastern

7 boundary of the Santee Sioux Tribe;

8 (5) although the Fort Randall and Gavins Point

9 projects are major components of the Pick-Sloan

10 program, and contribute to the economy of the

11 United States by generating a substantial amount of

12 hydropower and impounding a substantial quantity

13 of water, the reservations of the Yankton Sioux

14 Tribe and the Santee Sioux Tribe remain undevel15 oped;

16 (6) the United States Army Corps of Engineers

17 took the Indian lands used for the Fort Randall and

18 Gavins Point projects by condemnation proceedings;

19 (7) the Federal Government did not give

20 Yankton Sioux Tribe and the Santee Sioux Tribe an

21 opportunity to receive compensation for direct dam22 ages from the Pick-Sloan program, even though the

23 Federal Government gave 5 Indian reservations up24 stream from the reservations of those Indian tribes

25 such an opportunity;
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1 (8) the Yankton Sioux Tribe and the Santee

2 Sioux Tribe did not receive just compensation for

3 the taking of productive agricultural Indian lands

4 through the condemnation referred to in paragraph

5 (6);

6 (9) the settlement agreement that the United

7 States entered into with the Yankton Sioux Tribe

8 and the Santee Sioux Tribe to provide compensation

9 for the taking by condemnation referred to in para10 graph (6) did not take into account the increase in

11 property values over the years between the date of

12 taking and the date of settlement; and

13 (10) in addition to the financial compensation

14 provided under the settlement agreements referred

15 to in paragraph (9)—

16 (A) the Yankton Sioux Tribe should re17 ceive an aggregate amount equal to

18 $34,323,743 for—

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

20 Indian land taken for the Fort Randall

21 Dam and Reservoir of the Pick-Sloan pro22 gram; and

23 (ii) the use value of 408.40 acres of

24 Indian land on the reservation of that In25 dian tribe that was lost as a result of
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1 stream bank erosion that has occurred

2 since 1953; and

3 (B) the Santee Sioux Tribe should receive

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

5 the loss value of—

6 (i) 593.10 acres of Indian land lo7 cated near the Santee village; and

8 (ii) 414.12 acres on Niobrara Island

9 of the Santee Sioux Tribe Indian Reserva10 tion used for the Gavins Point Dam and

11 Reservoir.

12 SEC. 3. DEFINITIONS.

13 In this Act:

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

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

16 the Indian Self-Determination and Education Assist17 ance Act (25 U.S.C. 450b(e)).

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

19 the power program of the Pick-Sloan Missouri River

20 Basin program, administered by the Western Area

21 Power Administration.

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

23 Sioux Tribe’’ means the Santee Sioux Tribe of Ne24 braska.
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1 SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST

2 FUND.

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

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

5 ‘‘Yankton Sioux Tribe Development Trust Fund’’ (re6 ferred to in this section as the ‘‘Fund’’). The Fund shall

7 consist of any amounts deposited in the Fund under this

8 Act.

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

10 not otherwise appropriated, the Secretary of the Treasury

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

12 60 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 YANKTON 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
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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 YANKTON 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 Yankton Sioux Tribe,

10 as 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 Yankton Sioux Tribe

15 has adopted a tribal plan under section 6.

16 (C) USE OF PAYMENTS BY YANKTON

17 SIOUX TRIBE.—The Yankton Sioux Tribe shall

18 use the payments made under subparagraph

19 (A) only for carrying out projects and programs

20 under the tribal plan prepared under section 6.

21 (D) PLEDGE OF FUTURE PAYMENTS.—

22 (i) IN GENERAL.—Subject to clause

23 (ii), the Yankton Sioux Tribe may enter

24 into an agreement under which that Indian

25 tribe pledges future payments under this
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1 paragraph as security for a loan or other

2 financial transaction.

3 (ii) LIMITATIONS.—The Yankton

4 Sioux 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. 5. SANTEE SIOUX TRIBE OF NEBRASKA DEVELOP19 MENT TRUST FUND.

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

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

22 ‘‘Santee Sioux Tribe of Nebraska Development Trust

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

24 Fund shall consist of any amounts deposited in the Fund

25 under this Act.
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1 (b) FUNDING.—Out of any money in the Treasury

2 not otherwise appropriated, the Secretary of the Treasury

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

4 days after the date of enactment of this Act.

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

6 shall invest the amounts deposited under subsection (b)

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

8 obligations guaranteed as to both principal and interest

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

10 deposit interest resulting from such investments into the

11 Fund.

12 (d) PAYMENT OF INTEREST TO SANTEE SIOUX

13 TRIBE.—

14 (1) WITHDRAWAL OF INTEREST.—Beginning at

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

16 deposited into the Fund, the Secretary of the Treas17 ury shall withdraw the aggregate amount of interest

18 deposited into the Fund for that fiscal year and

19 transfer that amount to the Secretary of the Interior

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

21 amount so transferred shall be available without fis22 cal year limitation.

23 (2) PAYMENTS TO SANTEE SIOUX TRIBE.—

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

25 Interior shall use the amounts transferred
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1 under paragraph (1) only for the purpose of

2 making payments to the Santee Sioux Tribe, as

3 such payments are requested by that Indian

4 tribe pursuant to tribal resolution.

5 (B) LIMITATION.—Payments may be made

6 by the Secretary of the Interior under subpara7 graph (A) only after the Santee Sioux Tribe has

8 adopted a tribal plan under section 6.

9 (C) USE OF PAYMENTS BY SANTEE SIOUX

10 TRIBE.—The Santee Sioux Tribe shall use the

11 payments made under subparagraph (A) only

12 for carrying out projects and programs under

13 the tribal plan prepared under section 6.

14 (D) PLEDGE OF FUTURE PAYMENTS.—

15 (i) IN GENERAL.—Subject to clause

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

17 an agreement under which that Indian

18 tribe pledges future payments under this

19 paragraph as security for a loan or other

20 financial transaction.

21 (ii) LIMITATIONS.—The Santee Sioux

22 Tribe—

23 (I) may enter into an agreement

24 under clause (i) only in connection
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1 with the purchase of land or other

2 capital assets; and

3 (II) may not pledge, for any year

4 under an agreement referred to in

5 clause (i), an amount greater than 40

6 percent of any payment under this

7 paragraph for that year.

8 (e) TRANSFERS AND WITHDRAWALS.—Except as

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

10 the Treasury may not transfer or withdraw any amount

11 deposited under subsection (b).

12 SEC. 6. TRIBAL PLANS.

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

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

15 each of the Yankton Sioux and Santee Sioux Tribes shall

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

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

18 as a ‘‘tribal plan’’).

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

20 shall provide for the manner in which the tribe covered

21 under the tribal plan shall expend payments to the tribe

22 under subsection (d) to promote—

23 (1) economic development;

24 (2) infrastructure development;
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1 (3) the educational, health, recreational, and so2 cial welfare objectives of the tribe and its members;

3 or

4 (4) any combination of the activities described

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

6 (c) TRIBAL PLAN REVIEW AND REVISION.—

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

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

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

10 the tribal plan for the Indian tribe before the tribal

11 plan becomes final, in accordance with procedures

12 established by the tribal council.

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

14 council referred to in subsection (a) may, on an an15 nual basis, revise the tribal plan prepared by that

16 tribal council to update the tribal plan. In revising

17 the tribal plan under this paragraph, the tribal

18 council shall provide the members of the tribe oppor19 tunity to review and comment on any proposed revi20 sion to the tribal plan.

21 SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

22 AND SERVICES.

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

24 Sioux Tribe or Santee Sioux Tribe pursuant to this Act
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1 shall result in the reduction or denial of any service or

2 program to which, pursuant to Federal law—

3 (1) the Yankton Sioux Tribe or Santee Sioux

4 Tribe is otherwise entitled because of the status of

5 the tribe as a federally recognized Indian tribe; or

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

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

8 of the individual as a member of the tribe.

9 (b) EXEMPTIONS FROM TAXATION.—No payment

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

11 or State income tax.

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

13 this Act shall affect Pick-Sloan Missouri River Basin

14 power rates.

15 SEC. 8. STATUTORY CONSTRUCTION.

16 Nothing in this Act may be construed as diminishing

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

18 specifically provided in another provision of this Act, any

19 treaty right that is in effect on the date of enactment of

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

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

22 effect on the date of enactment of this Act.

23 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated such sums

25 as are necessary to carry out this Act, including such sums
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1 as may be necessary for the administration of the Yankton

2 Sioux Tribe Development Trust Fund under section 4 and

3 the Santee Sioux Tribe of Nebraska Development Trust

4 Fund under section 5.

Æ