IIA

105TH CONGRESS

1ST SESSION H. R. 976

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 9, 1997

Received; read twice and referred to the Committee on Indian Affairs

AN ACT

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

3 Tribes Judgment Fund Distribution Act of 1997’’.

4 SEC. 2. DEFINITIONS.

5 For purposes of this Act, the following definitions

6 shall apply:

7 (1) COVERED INDIAN TRIBE.—The term ‘‘cov8 ered Indian tribe’’ means an Indian tribe listed in

9 section 4(a).

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

11 the Secretary of the Interior.

12 (3) TRIBAL GOVERNING BODY.—The term

13 ‘‘tribal governing body’’ means the duly elected gov14 erning 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
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1 of enactment of this Act, have not been distributed, shall

2 be 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

7 aggregate amount, equal to the funds described in section

8 3 reduced by $1,469,831.50, as follows:

9 (1) 28.9276 percent of such amount shall be

10 distributed 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

13 distributed to the tribal governing body of the

14 Sisseton and Wahpeton Sioux Tribe of South Da15 kota.

16 (3) 13.7579 percent of such amount shall be

17 distributed to the tribal governing body of the As18 siniboine and Sioux Tribes of the Fort Peck Res19 ervation in Montana, as designated under subsection

20 (b).

21 (b) TRIBAL GOVERNING BODY OF ASSINIBOINE AND

22 SIOUX TRIBES OF FORT PECK RESERVATION.—For pur23 poses of making distributions of funds pursuant to this

24 Act, the Sisseton and Wahpeton Sioux Council of the As25 siniboine and Sioux Tribes shall act as the governing body
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1 of the Assiniboine and Sioux Tribes of the Fort Peck Res2 ervation.

3 SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.

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

5 distributed under section 4, each tribal governing body re6 ferred to in section 4(a) shall establish a trust fund for

7 the benefit of the covered Indian tribe under the jurisdic8 tion of that tribal governing body, consisting of—

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

10 (2) any interest and investment income that ac11 crues from investments made from amounts depos12 ited into the trust fund.

13 (b) TRUSTEE.—Each tribal governing body that es14 tablishes a trust fund under this section shall—

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

16 (2) administer the trust fund in accordance

17 with section 6.

18 SEC. 6. USE OF DISTRIBUTED FUNDS.

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

20 Indian tribe under section 4 may be used to make per cap21 ita payments to members of the covered Indian tribe.

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

23 4 may be used by a tribal governing body referred to in

24 section 4(a) only for the purpose of making investments
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1 or expenditures that the tribal governing body determines

2 to be reasonably related to—

3 (1) economic development that is beneficial to

4 the covered Indian tribe;

5 (2) the development of resources of the covered

6 Indian tribe; or

7 (3) the development of a program that is bene8 ficial to members of the covered Indian tribe, includ9 ing educational and social welfare programs.

10 (c) AUDITS.—

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

12 an annual audit to determine whether each tribal

13 governing body referred to in section 4(a) is manag14 ing the trust fund established by the tribal govern15 ing body under section 5 in accordance with the re16 quirements of this section.

17 (2) ACTION BY THE SECRETARY.—

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

19 audit conducted under paragraph (1), the Sec20 retary determines that a covered Indian tribe is

21 not managing the trust fund established by the

22 tribal governing body under section 5 in accord23 ance with the requirements of this section, the

24 Secretary shall require the covered Indian tribe

25 to take remedial action to achieve compliance.
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1 (B) APPOINTMENT OF INDEPENDENT

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

3 specified by the Secretary, a covered Indian

4 tribe does not take remedial action under sub5 paragraph (A), the Secretary, in consultation

6 with the tribal governing body of the covered

7 Indian tribe, shall appoint an independent

8 trustee to manage the trust fund established by

9 the tribal governing body under section 5.

10 SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN

11 TRIBES ON BENEFITS.

12 (a) IN GENERAL.—A payment made to a covered In13 dian tribe or an individual under this Act shall not—

14 (1) for purposes of determining the eligibility

15 for a Federal service or program of a covered Indian

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

17 or resources; or

18 (2) otherwise result in the reduction or denial

19 of any service or program to which, pursuant to

20 Federal law (including the Social Security Act (42

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

22 household, or individual would otherwise be entitled.
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1 SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL DESCEND2 ANTS.

3 Not later than 1 year after the date of enactment

4 of this Act, of the funds described in section 3, the Sec5 retary shall, in the manner prescribed in section 202(c)

6 of Public Law 92–555 (25 U.S.C. 1300d–4(c)), distribute

7 an amount equal to $1,469,831.50 to the lineal descend8 ants of the Sisseton and Wahpeton Tribes of Sioux Indi9 ans.

Passed the House of Representatives September 8,

1997.

Attest: ROBIN H. CARLE,

Clerk.