I

104TH CONGRESS

2D SESSION H. R. 3595

To make available to the Santee Sioux Tribe of Nebraska its proportionate

share of funds awarded in Docket 74–A to the Sioux Indian Nation,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 1996

Mr. BARRETT of Nebraska (for himself and Mr. BEREUTER) introduced the

following bill; which was referred to the Committee on Resources

A BILL

To make available to the Santee Sioux Tribe of Nebraska

its proportionate share of funds awarded in Docket 74–

A to the Sioux Indian Nation, 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. AVAILABILITY OF PROPORTIONATE SHARE OF

4 DOCKET 74–A TO THE SANTEE SIOUX TRIBE.

5 (a) IN GENERAL.—Of the amounts appropriated in

6 satisfaction of the monetary settlement in Docket 74–A,

7 together with the investment income earned thereon, the

8 proportionate share of the Santee Sioux Tribe shall be

9 available in accordance with this Act.
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1 (b) FUND.—The Secretary of the Interior shall hold

2 the amount made available under subsection (a) in trust

3 for the tribe in a trust fund to be known as the ‘‘Santee

4 Sioux Tribe Docket 74–A Fund’’.

5 (c) INVESTMENT OF PRINCIPAL.—The Secretary

6 shall invest the principal of the fund in accordance with

7 applicable law.

8 (d) AVAILABILITY OF EARNINGS.—The interest and

9 investment income earned under subsection (c) shall be

10 made available on an annual basis to the Santee Sioux

11 Tribe for such social and economic programs and tribal

12 government operations as may be determined by the tribal

13 council of the Santee Sioux Tribe, as follows:

14 (1) 20 percent of such amounts shall be avail15 able annually for economic development.

16 (2) 20 percent of such amounts shall be avail17 able annually for burials.

18 (3) 60 percent of such amounts shall be avail19 able annually for annual budgeting by the tribal

20 council based on local priorities and initiatives.

21 (e) RESTRICTIONS ON USE OF MONEYS FOR ACQUI22 SITION OF LAND LOCATED OUTSIDE OF RESERVATION.—

23 Amounts made available under subsection (d) may not be

24 used to acquire any lands or interests in lands located out-
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1 side the exterior boundaries of the reservation of the San2 tee Sioux Tribe.

3 (f) TAX EXEMPTION AND RESOURCES EXEMPTION

4 LIMITATION.—None of the funds which are distributed

5 per capita or held in trust pursuant to this section, includ6 ing all interest and investment income accrued thereon

7 while such funds are so held in trust, shall be subject to

8 Federal or State income taxes, nor shall such funds nor

9 their availability be considered as income or resources nor

10 otherwise utilized as the basis for denying or reducing the

11 financial assistance or other benefits to which such house12 hold or member would otherwise be entitled under the So13 cial Security Act (42 U.S.C. 301 et seq.) or, except for

14 per capita shares in excess of $2,000, any Federal or fed15 erally assisted program.

16 (g) RELEASE, RELINQUISHMENT, AND EXTINGUISH17 MENT OF CLAIMS.—

18 (1) RELEASE AND RELINQUISHMENT.—No

19 amount may be made available under subsection (a)

20 until after the Santee Sioux Tribe executes a release

21 and relinquishment, acceptable to the Secretary, of

22 all claims subject to Docket 74–A.

23 (2) EXTINGUISHMENT.—By virtue of the execu24 tion of a release and relinquishment under para25 graph (1), all claims by the Santee Sioux Tribe and
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1 any of its members against the United States which

2 are subject to Docket 74–A shall be deemed extin3 guished as of the date of the execution.

4 SEC. 2. APPLICABILITY OF SETTLEMENT TERMS AND CON5 DITIONS OF SIOUX INDIAN NATION IN DOCK6 ETS 74–A AND 74–B, IF SETTLED.

7 (a) IN GENERAL.—If the Sioux Indian Nation ac8 cepts the settlement in both Dockets 74–A and 74–B, all

9 amounts remaining in the fund shall be subject to the gen10 eral terms and conditions applicable to moneys available

11 to the Sioux Indian Nation under such settlement. There12 after, section 1 shall not apply.

13 (b) SIOUX INDIAN NATION.—For the purposes of

14 subsection (a), the term ‘‘Sioux Indian Nation’’ means—

15 (1) the Cheyenne River Sioux Tribe of the

16 Cheyenne River Indian Reservation;

17 (2) the Crow Creek Sioux Tribe of the Crow

18 Creek Indian Reservation;

19 (3) the Flandreau Santee Sioux Tribe of South

20 Dakota;

21 (4) the Lower Brule Sioux Tribe of the Lower

22 Brule Indian Reservation;

23 (5) the Oglala Sioux Tribe of the Pine Ridge

24 Reservation;
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1 (6) the Rosebud Sioux Tribe of the Rosebud

2 Reservation, South Dakota;

3 (7) the Santee Sioux Tribe of the Santee Res4 ervation, Nebraska;

5 (8) the Standing Rock Sioux Tribe of the

6 Standing Rock Reservation, North and South Da7 kota; and

8 (9) the Sioux Tribe of the Fort Peck Reserva9 tion, Montana.

10 SEC. 3. DEFINITIONS.

11 As used in this Act:

12 (1) The term ‘‘Santee Sioux Tribe’’ means the

13 Santee Sioux Tribe of the Santee Reservation, Ne14 braska, a party to Docket 74–A.

15 (2) The term ‘‘Docket 74–A’’ means the action

16 before the United States Claims Court in the case

17 entitled ‘‘Sioux Nation of Indians against the United

18 States’’ for the adjudication of claims based on the

19 Treaty of April 29, 1868 (15 Stat. 635), and the

20 monetary settlement related thereto, between the

21 United States Government and the Sioux Indian Na22 tion. Such term does not include claims based on the

23 Act of February 22, 1877 (19 Stat. 254), relating

24 to the taking of the Black Hills, designated as Dock25 et 74–B.
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1 (3) The term ‘‘proportionate share’’ means 5.11

2 percent, as provided by the Bureau of Indian Affairs

3 in their ‘‘Results of Research Report’’ dated October

4 1989.

5 (4) The term ‘‘fund’’ means the Santee Sioux

6 Tribe Docket 74–A Fund established by section

7 2(b).

8 (5) The term ‘‘Secretary’’ means the Secretary

9 of the Interior.

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