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 Indi-
ans, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Mississippi Sioux
Tribes Judgment Fund Distribution Act of 1997’’.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions
shall apply:
(1) COVERED INDIAN TRIBE.—The term ‘‘cov-
ered Indian tribe’’ means an Indian tribe listed in
section 4(a).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) TRIBAL
GOVERNING
BODY.—The term
‘‘tribal governing body’’ means the duly elected gov-
erning body of a covered Indian tribe.
SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY,
THE SISSETON AND WAHPETON TRIBES OF
SIOUX INDIANS.
Notwithstanding any other provision of law, including
Public Law 92–555 (25 U.S.C. 1300d et seq.), any funds
made available by appropriations under chapter II of Pub-
lic Law 90–352 (82 Stat. 239) to the Sisseton and
Wahpeton Tribes of Sioux Indians to pay a judgment in
favor of the Tribes in Indian Claims Commission dockets
numbered 142 and 359, including interest, after payment
of attorney fees and other expenses, that, as of the date
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of enactment of this Act, have not been distributed, shall
be distributed and used in accordance with this Act.
SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES.
(a) IN GENERAL.—Subject to section 5, as soon as
practicable after the date that is 1 year after the date of
enactment of this Act, the Secretary shall distribute an
aggregate amount, equal to the funds described in section
3 reduced by $1,469,831.50, as follows:
(1) 28.9276 percent of such amount shall be
distributed to the tribal governing body of the Spirit
Lake Sioux Tribe of North Dakota.
(2) 57.3145 percent of such amount shall be
distributed to the tribal governing body of the
Sisseton and Wahpeton Sioux Tribe of South Da-
kota.
(3) 13.7579 percent of such amount shall be
distributed to the tribal governing body of the As-
siniboine and Sioux Tribes of the Fort Peck Res-
ervation in Montana, as designated under subsection
(b).
(b) TRIBAL GOVERNING BODY OF ASSINIBOINE AND
SIOUX TRIBES OF FORT PECK RESERVATION.—For pur-
poses of making distributions of funds pursuant to this
Act, the Sisseton and Wahpeton Sioux Council of the As-
siniboine and Sioux Tribes shall act as the governing body
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of the Assiniboine and Sioux Tribes of the Fort Peck Res-
ervation.
SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.
(a) IN GENERAL.—As a condition to receiving funds
distributed under section 4, each tribal governing body re-
ferred to in section 4(a) shall establish a trust fund for
the benefit of the covered Indian tribe under the jurisdic-
tion of that tribal governing body, consisting of—
(1) amounts deposited into the trust fund; and
(2) any interest and investment income that ac-
crues from investments made from amounts depos-
ited into the trust fund.
(b) TRUSTEE.—Each tribal governing body that es-
tablishes a trust fund under this section shall—
(1) serve as the trustee of the trust fund; and
(2) administer the trust fund in accordance
with section 6.
SEC. 6. USE OF DISTRIBUTED FUNDS.
(a) PROHIBITION.—No funds distributed to a covered
Indian tribe under section 4 may be used to make per cap-
ita payments to members of the covered Indian tribe.
(b) PURPOSES.—The funds distributed under section
4 may be used by a tribal governing body referred to in
section 4(a) only for the purpose of making investments
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or expenditures that the tribal governing body determines
to be reasonably related to—
(1) economic development that is beneficial to
the covered Indian tribe;
(2) the development of resources of the covered
Indian tribe; or
(3) the development of a program that is bene-
ficial to members of the covered Indian tribe, includ-
ing educational and social welfare programs.
(c) AUDITS.—
(1) IN GENERAL.—The Secretary shall conduct
an annual audit to determine whether each tribal
governing body referred to in section 4(a) is manag-
ing the trust fund established by the tribal govern-
ing body under section 5 in accordance with the re-
quirements of this section.
(2) ACTION BY THE SECRETARY.—
(A) IN GENERAL.—If, on the basis of an
audit conducted under paragraph (1), the Sec-
retary determines that a covered Indian tribe is
not managing the trust fund established by the
tribal governing body under section 5 in accord-
ance with the requirements of this section, the
Secretary shall require the covered Indian tribe
to take remedial action to achieve compliance.
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(B) 
APPOINTMENT
OF
INDEPENDENT
TRUSTEE.—If, after a reasonable period of time
specified by the Secretary, a covered Indian
tribe does not take remedial action under sub-
paragraph (A), the Secretary, in consultation
with the tribal governing body of the covered
Indian tribe, shall appoint an independent
trustee to manage the trust fund established by
the tribal governing body under section 5.
SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN
TRIBES ON BENEFITS.
(a) IN GENERAL.—A payment made to a covered In-
dian tribe or an individual under this Act shall not—
(1) for purposes of determining the eligibility
for a Federal service or program of a covered Indian
tribe, household, or individual, be treated as income
or resources; or
(2) otherwise result in the reduction or denial
of any service or program to which, pursuant to
Federal law (including the Social Security Act (42
U.S.C. 301 et seq.)), the covered Indian tribe,
household, or individual would otherwise be entitled.
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SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL DESCEND-
ANTS.
Not later than 1 year after the date of enactment
of this Act, of the funds described in section 3, the Sec-
retary shall, in the manner prescribed in section 202(c)
of Public Law 92–555 (25 U.S.C. 1300d–4(c)), distribute
an amount equal to $1,469,831.50 to the lineal descend-
ants of the Sisseton and Wahpeton Tribes of Sioux Indi-
ans.
Passed the House of Representatives September 8,
1997.
Attest:
ROBIN H. CARLE,
Clerk.