I

105TH CONGRESS

1ST SESSION H. R. 976

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 HOUSE OF REPRESENTATIVES

MARCH 6, 1997

Mr. HILL (for himself, Mr. THUNE, and Mr. POMEROY) introduced the

following bill; which was referred to the Committee on Resources

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 1997’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act, the following definitions

8 shall apply:
2

•HR 976 IH

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 chapter II of Pub15 lic Law 90–352 (82 Stat. 239) to the Sisseton and

16 Wahpeton Tribes of Sioux Indians to pay a judgment in

17 favor of the Tribes in Indian Claims Commission dockets

18 numbered 142 and 359, including interest, after payment

19 of attorney fees and other expenses, that, as of the date

20 of enactment of this Act, have not been distributed, shall

21 be distributed and used in accordance 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
3

•HR 976 IH

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 Spirit

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
4

•HR 976 IH

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 and investment income that ac5 crues from investments made from amounts depos6 ited into the trust fund.

7 (b) TRUSTEE.—Each tribal governing body that es8 tablishes a trust fund under this section shall—

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

10 (2) administer the trust fund in accordance

11 with section 6.

12 SEC. 6. USE OF DISTRIBUTED FUNDS.

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

14 Indian tribe under section 4 may be used to make per cap15 ita payments to members of the covered Indian tribe.

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

17 4 may be used by a tribal governing body referred to in

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

19 or expenditures that the tribal governing body determines

20 to be reasonably related to—

21 (1) economic development that is beneficial to

22 the covered Indian tribe;

23 (2) the development of resources of the covered

24 Indian tribe; or
5

•HR 976 IH

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
6

•HR 976 IH

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
7

•HR 976 IH

1 an amount equal to $1,469,831.50 to the lineal descend2 ants of the Sisseton and Wahpeton Tribes of Sioux Indi3 ans.

Æ