I 

116TH CONGRESS 

1ST SESSION H. R. 4752 

To accept land into trust for the benefit of the Prairie Island Indian Community as compensation to the Tribe for Tribal lands that have been 

rendered dangerous by the use and storage of highly toxic nuclear materials, some of which also have been inundated by flood waters, to release 

the United States from related claims, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 18, 2019 

Ms. CRAIG (for herself, Mr. HAGEDORN, and Ms. MCCOLLUM) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To accept land into trust for the benefit of the Prairie 

Island Indian Community as compensation to the Tribe 

for Tribal lands that have been rendered dangerous by 

the use and storage of highly toxic nuclear materials, 

some of which also have been inundated by flood waters, 

to release the United States from related claims, 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 ‘‘The Prairie Island In5 dian Community Land Claim Settlement Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 4752 IH

1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

3 (1) The members of the Prairie Island Indian 

4 Community and their ancestors have occupied what 

5 is now northern Iowa and Minnesota since long be6 fore European contact, and their ancestors were 

7 present to greet the first French explorers and trad8 ers who entered the Upper Mississippi watershed. 

9 (2) The Tribe’s Reservation is located on an is10 land called Prairie Island on the Mississippi River in 

11 southeastern Minnesota, and was acquired in trust 

12 by the Secretary for the Tribe under the Indian Re13 organization Act of 1934 (Act of June 18, 1934, Ch. 

14 576, 48 Stat. 984), to serve as the Tribe’s perma15 nent homeland. 

16 (3) In 1938, the Army Corps of Engineers lo17 cated and constructed Lock and Dam No. 3 on the 

18 Upper Mississippi River less than two miles down19 stream from the Prairie Island Reservation. 

20 (4) The operation of Lock and Dam No. 3 

21 caused permanent inundation of land on the Prairie 

22 Island Reservation, as well as ongoing overbank 

23 flooding of Reservation land, much of which lies 

24 within the Mississippi River 100-year flood plain. 

25 (5) The flooding of a significant portion of the 

26 Prairie Island Reservation occurred without express 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 4752 IH

1 Congressional authorization, as required by the Con2 stitution and the Indian Trade and Intercourse Act, 

3 (section 2116 of the Revised Statutes; 25 U.S.C. 

4 177). 

5 (6) In 1972, the Federal Government licensed 

6 the siting of the Prairie Island Nuclear Generating 

7 Plant on Prairie Island approximately 600 yards 

8 from the Prairie Island Reservation, and later au9 thorized the storage of spent nuclear fuel on-site. On 

10 December 16, 1973, Unit 1 of the Plant started op11 eration and Unit 2 of the Plant started operating on 

12 December 21, 1974, both pursuant to 20-year oper13 ating licenses. 

14 (7) On June 27, 2011, the Nuclear Regulatory 

15 Commission renewed the Unit 1 and 2 operating li16 censes at the plant for an additional 20 years, au17 thorizing their continued operation until 2033 and 

18 2034, respectively. 

19 (8) The plant’s nuclear reactor core contains 

20 zirconium-clad rods filled with enriched uranium pel21 lets. The Federal courts have confirmed that the 

22 spent fuel and fuel assembly materials, while no 

23 longer useful for nuclear power generation, continue 

24 to pose a dangerous health threat, remaining lethally 

25 radioactive long into the future. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 4752 IH

1 (9) The plant is now home to 44 dry casks that 

2 are loaded with spent nuclear fuel rods, stored in 

3 close proximity to a church, Tribal homes, a daycare 

4 center, government, cultural, language, and edu5 cation offices, the Tribe’s Community Center, and 

6 Tribal businesses. The Nuclear Regulatory Commis7 sion has licensed the storage of an additional 54 dry 

8 casks of spent nuclear fuel at the plant by 2034. 

9 (10) There is only one improved and main10 tained road leading on and off of the island, and it 

11 is shared by the Prairie Island Reservation and the 

12 Prairie Island Nuclear Generating Plant. The road 

13 crosses a busy rail corridor at grade and so can be 

14 and is often blocked by railroad traffic. 

15 (11) As a result, the Tribe’s entire Reservation 

16 is under constant threat of nuclear contamination 

17 and the means of escape is limited. 

18 (12) The operation of Lock and Dam No. 3, in 

19 combination with the close proximity of the Prairie 

20 Island Nuclear Generating Plant and spent nuclear 

21 fuel to the Prairie Island Reservation, threatens the 

22 safety and well-being of the Tribe and its members. 

23 (13) This Act will protect the Tribe and its 

24 members, will support the Tribe’s long-term health 

25 and self-sufficiency by acquiring reservation trust 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 4752 IH

1 land for the Tribe located at a safe distance from 

2 Lock and Dam No. 3 and the Prairie Island Nuclear 

3 Generating Plant, and will relieve the United States 

4 from liability related to the flooding of the Tribe’s 

5 Reservation. 

6 SEC. 3. DEFINITIONS. 

7 For the purposes of this Act, the following definitions 

8 apply: 

9 (1) INUNDATED LAND.—The term ‘‘Inundated 

10 Land’’ means land owned by or for the benefit of the 

11 Tribe that lies within the Mississippi River 9-Foot 

12 Channel Project boundary as depicted as portions of 

13 Parcels A, B, and C on the map entitled ‘‘United 

14 States Army Corps of Engineers survey map of the 

15 Upper Mississippi River 9-Foot Project, Lock & 

16 Dam No. 3 (Red Wing), Land & Flowage Rights’’ 

17 and dated December 1936. 

18 (2) MAP.—The term ‘‘Map’’ means the map en19 titled ‘‘Elk Run Properties, Olmstead Co., MN, 

20 Prairie Island Indian Community’’ and dated Octo21 ber 17, 2019. 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (4) SETTLEMENT LAND.—The term ‘‘Settle25 ment Land’’ means the approximately 1,244.75 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 4752 IH

1 acres of land owned by the Tribe and depicted on 

2 the Map. 

3 (5) TRIBE.—The term ‘‘Tribe’’ means the Prai4 rie Island Indian Community, a federally recognized 

5 Indian Tribe. 

6 SEC. 4. ACCEPTANCE INTO TRUST OF SETTLEMENT LANDS; 

7 RELEASE OF CLAIMS; CONVEYANCE OF EASE8 MENTS. 

9 (a) SETTLEMENT LAND.—If the Tribe provides the 

10 waiver, release of claims, and conveyance described in sub11 section (b), then, at the request of the Tribe, the Secretary 

12 shall immediately place the Settlement Land into trust for 

13 the benefit of the Tribe, subject to— 

14 (1) any valid existing rights of any third parties 

15 of record; and 

16 (2) approval of the form and content of any and 

17 all instruments of conveyance. 

18 (b) WAIVER AND RELEASE OF CLAIMS AND CONVEY19 ANCE OF INTERESTS IN LANDS.—The Secretary shall be 

20 required to carry out the obligations of subsection (a) not 

21 later than 6 months after the Secretary’s receipt from the 

22 Tribe of— 

23 (1) a waiver and release of any and all of its 

24 claims in law or equity against the United States for 

25 the unauthorized taking of the Inundated Land; and 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 4752 IH

1 (2) confirmation that the Tribe has conveyed to 

2 the Secretary of Defense such easements to the In3 undated Land as are necessary to confirm in the 

4 United States a perpetual right to overflow, flood, 

5 and temporarily or permanently inundate the Inun6 dated Land in connection with the operation and 

7 maintenance of the Mississippi River Navigation 

8 Project. 

9 (c) RESERVATION OF RIGHTS AND RETENTION OF

10 CLAIMS.—Notwithstanding the waivers and releases au11 thorized in this Act, the Tribe shall retain any and all 

12 claims accruing after the date upon which the Secretary 

13 receives the waiver, release of claims, and conveyance de14 scribed in subsection (b). 

15 (d) STATUS OF LANDS AND INTERESTS IN LANDS.— 

16 Upon the Secretary’s placement of the Settlement Land 

17 into trust for the benefit of the Tribe pursuant to sub18 section (a), the Settlement Land shall be deemed to be 

19 part of the Tribe’s Reservation and to have been reserved 

20 for the Tribe as of the first date that the Inundated Land 

21 was accepted in trust for the Tribe. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS