Union Calendar No. 138

105TH CONGRESS

1ST SESSION H. R. 976

[Report No. 105–242]

A BILL

To provide for the disposition of certain funds apsissippi Sioux Indians, and for other purposes. propriated to pay judgment in favor of the MisSEPTEMBER 3, 1997Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 138

105TH CONGRESS

1ST SESSION H. R. 976

[Report No. 105–242]

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

SEPTEMBER 3, 1997

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 6, 1997]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Mississippi Sioux Tribes

3 Judgment Fund Distribution Act of 1997’’.

4 SEC. 2. DEFINITIONS.

5 For purposes of this Act, the following definitions shall

6 apply:

7 (1) COVERED INDIAN TRIBE.—The term ‘‘covered

8 Indian tribe’’ means an Indian tribe listed in section

9 4(a).

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

11 the Secretary of the Interior.

12 (3) TRIBAL GOVERNING BODY.—The term ‘‘tribal

13 governing body’’ means the duly elected governing

14 body of a covered Indian tribe.

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

16 THE SISSETON AND WAHPETON TRIBES OF

17 SIOUX INDIANS.

18 Notwithstanding any other provision of law, including

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

20 made available by appropriations under chapter II of Pub21 lic Law 90–352 (82 Stat. 239) to the Sisseton and

22 Wahpeton Tribes of Sioux Indians to pay a judgment in

23 favor of the Tribes in Indian Claims Commission dockets

24 numbered 142 and 359, including interest, after payment

25 of attorney fees and other expenses, that, as of the date of
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1 enactment of this Act, have not been distributed, shall be

2 distributed and used in accordance with this Act.

3 SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES.

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

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

6 enactment of this Act, the Secretary shall distribute an ag7 gregate amount, equal to the funds described in section 3

8 reduced by $1,469,831.50, as follows:

9 (1) 28.9276 percent of such amount shall be dis10 tributed to the tribal governing body of the Spirit

11 Lake Sioux Tribe of North Dakota.

12 (2) 57.3145 percent of such amount shall be dis13 tributed to the tribal governing body of the Sisseton

14 and Wahpeton Sioux Tribe of South Dakota.

15 (3) 13.7579 percent of such amount shall be dis16 tributed to the tribal governing body of the Assini17 boine and Sioux Tribes of the Fort Peck Reservation

18 in Montana, as designated under subsection (b).

19 (b) TRIBAL GOVERNING BODY OF ASSINIBOINE AND

20 SIOUX TRIBES OF FORT PECK RESERVATION.—For pur21 poses of making distributions of funds pursuant to this Act,

22 the Sisseton and Wahpeton Sioux Council of the Assiniboine

23 and Sioux Tribes shall act as the governing body of the As24 siniboine and Sioux Tribes of the Fort Peck Reservation.
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1 SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.

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

3 distributed under section 4, each tribal governing body re4 ferred to in section 4(a) shall establish a trust fund for the

5 benefit of the covered Indian tribe under the jurisdiction

6 of that tribal governing body, consisting of—

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

8 (2) any interest and investment income that ac9 crues from investments made from amounts deposited

10 into the trust fund.

11 (b) TRUSTEE.—Each tribal governing body that estab12 lishes a trust fund under this section shall—

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

14 (2) administer the trust fund in accordance with

15 section 6.

16 SEC. 6. USE OF DISTRIBUTED FUNDS.

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

18 Indian tribe under section 4 may be used to make per cap19 ita payments to members of the covered Indian tribe.

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

21 4 may be used by a tribal governing body referred to in

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

23 expenditures that the tribal governing body determines to

24 be reasonably related to—

25 (1) economic development that is beneficial to the

26 covered Indian tribe;
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1 (2) the development of resources of the covered

2 Indian tribe; or

3 (3) the development of a program that is bene4 ficial to members of the covered Indian tribe, includ5 ing educational and social welfare programs.

6 (c) AUDITS.—

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

8 an annual audit to determine whether each tribal

9 governing body referred to in section 4(a) is manag10 ing the trust fund established by the tribal governing

11 body under section 5 in accordance with the require12 ments of this section.

13 (2) ACTION BY THE SECRETARY.—

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

15 audit conducted under paragraph (1), the Sec16 retary determines that a covered Indian tribe is

17 not managing the trust fund established by the

18 tribal governing body under section 5 in accord19 ance with the requirements of this section, the

20 Secretary shall require the covered Indian tribe

21 to take remedial action to achieve compliance.

22 (B) APPOINTMENT OF INDEPENDENT TRUST23 EE.—If, after a reasonable period of time speci24 fied by the Secretary, a covered Indian tribe does

25 not take remedial action under subparagraph
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1 (A), the Secretary, in consultation with the trib2 al governing body of the covered Indian tribe,

3 shall appoint an independent trustee to manage

4 the trust fund established by the tribal governing

5 body under section 5.

6 SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES

7 ON BENEFITS.

8 (a) IN GENERAL.—A payment made to a covered In9 dian tribe or an individual under this Act shall not—

10 (1) for purposes of determining the eligibility for

11 a Federal service or program of a covered Indian

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

13 or resources; or

14 (2) otherwise result in the reduction or denial of

15 any service or program to which, pursuant to Federal

16 law (including the Social Security Act (42 U.S.C.

17 301 et seq.)), the covered Indian tribe, household, or

18 individual would otherwise be entitled.

19 SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL

20 DESCENDANTS.

21 Not later than 1 year after the date of enactment of

22 this Act, of the funds described in section 3, the Secretary

23 shall, in the manner prescribed in section 202(c) of Public

24 Law 92–555 (25 U.S.C. 1300d–4(c)), distribute an amount
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1 equal to $1,469,831.50 to the lineal descendants of the

2 Sisseton and Wahpeton Tribes of Sioux Indians.