II

104TH CONGRESS

2D SESSION S. 2162

To provide for the disposition of certain funds appropriated to pay judgment

in favor of the Mississippi Sioux Indians, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30, 1996

Mr. DORGAN (for himself, Mr. DASCHLE, and Mr. PRESSLER) introduced the

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

A BILL

To provide for the disposition of certain funds appropriated

to pay judgment in favor of the Mississippi Sioux Indians, 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 ‘‘Mississippi Sioux

5 Tribes Judgment Fund Distribution Act of 1996’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act, the following definitions

8 shall apply:
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1 (1) COVERED INDIAN TRIBE.—The term ‘‘cov2 ered Indian tribe’’ means an Indian tribe listed in

3 section 4(a).

4 (2) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the Interior.

6 (3) TRIBAL GOVERNING BODY.—The term

7 ‘‘tribal governing body’’ means the duly elected gov8 erning body of a covered Indian tribe.

9 SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY,

10 THE SISSETON AND WAHPETON TRIBES OF

11 SIOUX INDIANS.

12 Notwithstanding any other provision of law, including

13 Public Law 92–555 (25 U.S.C. 1300d et seq.), any funds

14 made available by appropriations under Public Law 90–

15 352 to the Sisseton and Wahpeton Tribes of Sioux Indians

16 to pay a judgment in favor of the Tribes in Indian Claims

17 Commission dockets numbered 142 and 359, including in18 terest, after payment of attorney fees and other expenses,

19 that, as of the date of enactment of this Act, have not

20 been distributed, shall be distributed and used in accord21 ance with this Act.

22 SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES.

23 (a) IN GENERAL.—Subject to section 5, as soon as

24 practicable after the date that is 1 year after the date of

25 enactment of this Act, the Secretary shall distribute an
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1 aggregate amount, equal to the funds described in section

2 3 reduced by $1,469,831.50, as follows:

3 (1) 28.9276 percent of such amount shall be

4 distributed to the tribal governing body of the Devils

5 Lake Sioux Tribe of North Dakota.

6 (2) 57.3145 percent of such amount shall be

7 distributed to the tribal governing body of the

8 Sisseton and Wahpeton Sioux Tribe of South

9 Dakota.

10 (3) 13.7579 percent of such amount shall be

11 distributed to the tribal governing body of the As12 siniboine and Sioux Tribes of the Fort Peck Res13 ervation in Montana, as designated under subsection

14 (b).

15 (b) TRIBAL GOVERNING BODY OF ASSINIBOINE AND

16 SIOUX TRIBES OF FORT PECK RESERVATION.—For pur17 poses of making distributions of funds pursuant to this

18 Act, the Sisseton and Wahpeton Sioux Council of the As19 siniboine and Sioux Tribes shall act as the governing body

20 of the Assiniboine and Sioux Tribes of the Fort Peck

21 Reservation.

22 SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.

23 (a) IN GENERAL.—As a condition to receiving funds

24 distributed under section 4, each tribal governing body re25 ferred to in section 4(a) shall establish a trust fund for
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1 the benefit of the covered Indian tribe under the jurisdic2 tion of that tribal governing body, consisting of—

3 (1) amounts deposited into the trust fund; and

4 (2) any interest that accrues from investments

5 made from amounts deposited into the trust fund.

6 (b) TRUSTEE.—Each tribal governing body that es7 tablishes a trust fund under this section shall—

8 (1) serve as the trustee of the trust fund; and

9 (2) administer the trust fund in accordance

10 with section 6.

11 SEC. 6. USE OF DISTRIBUTED FUNDS.

12 (a) PROHIBITION.—No funds distributed to a covered

13 Indian tribe under section 4 may be used to make per cap14 ita payments to members of the covered Indian tribe.

15 (b) PURPOSES.—The funds distributed under section

16 4 may be used by a tribal governing body referred to in

17 section 4(a) only for the purpose of making investments

18 or expenditures that the tribal governing body determines

19 to be reasonably related to—

20 (1) economic development that is beneficial to

21 the covered Indian tribe;

22 (2) the development of resources of the covered

23 Indian tribe; or
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1 (3) the development of a program that is bene2 ficial to members of the covered Indian tribe, includ3 ing educational and social welfare programs.

4 (c) AUDITS.—

5 (1) IN GENERAL.—The Secretary shall conduct

6 an annual audit to determine whether each tribal

7 governing body referred to in section 4(a) is manag8 ing the trust fund established by the tribal govern9 ing body under section 5 in accordance with the re10 quirements of this section.

11 (2) ACTION BY THE SECRETARY.—

12 (A) IN GENERAL.—If, on the basis of an

13 audit conducted under paragraph (1), the Sec14 retary determines that a covered Indian tribe is

15 not managing the trust fund established by the

16 tribal governing body under section 5 in accord17 ance with the requirements of this section, the

18 Secretary shall require the covered Indian tribe

19 to take remedial action to achieve compliance.

20 (B) APPOINTMENT OF INDEPENDENT

21 TRUSTEE.—If, after a reasonable period of time

22 specified by the Secretary, a covered Indian

23 tribe does not take remedial action under sub24 paragraph (A), the Secretary, in consultation

25 with the tribal governing body of the covered
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1 Indian tribe, shall appoint an independent

2 trustee to manage the trust fund established by

3 the tribal governing body under section 5.

4 SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN

5 TRIBES ON BENEFITS.

6 (a) IN GENERAL.—A payment made to a covered In7 dian tribe or an individual under this Act shall not—

8 (1) for purposes of determining the eligibility

9 for a Federal service or program of a covered Indian

10 tribe, household, or individual, be treated as income

11 or resources; or

12 (2) otherwise result in the reduction or denial

13 of any service or program to which, pursuant to

14 Federal law (including the Social Security Act (42

15 U.S.C. 301 et seq.)), the covered Indian tribe,

16 household, or individual would otherwise be entitled.

17 (b) TAX TREATMENT.—A payment made to a covered

18 Indian tribe or individual under this Act shall not be sub19 ject to any Federal or State income tax.

20 SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL

21 DESCENDANTS.

22 Not later than 1 year after the date of enactment

23 of this Act, of the funds described in section 3, the Sec24 retary shall, in the manner prescribed in section 202(c)

25 of Public Law 92–555 (25 U.S.C. 1300d–4(c)), distribute
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1 an amount equal to $1,469,831.50 to the lineal descend2 ants of the Sisseton and Wahpeton Tribes of Sioux Indi3 ans.

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