IB
Union Calendar No. 416
106TH CONGRESS
2D SESSION
H. R. 2671
[Report No. 106–735]
To provide for the Yankton Sioux Tribe and the Santee Sioux Tribe of
Nebraska certain benefits of the Missouri River Basin Pick-Sloan project,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1999
Mr. BARRETT of Nebraska introduced the following bill; which was referred
to the Committee on Resources
JULY 17, 2000
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To provide for the Yankton Sioux Tribe and the Santee
Sioux Tribe of Nebraska certain benefits of the Missouri
River Basin Pick-Sloan project, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Yankton Sioux Tribe
and Santee Sioux Tribe of Nebraska Development Trust
Fund Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) by enacting the Act of December 22, 1944,
commonly known as the ‘‘Flood Control Act of
1944’’ (58 Stat. 887, chapter 665; 33 U.S.C. 701–
1 et seq.) Congress approved the Pick-Sloan Mis-
souri River Basin program (referred to in this sec-
tion as the ‘‘Pick-Sloan program’’)—
(A) to promote the general economic devel-
opment of the United States;
(B) to provide for irrigation above Sioux
City, Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the waters impounded for the Fort Randall
and Gavins Point projects of the Pick-Sloan pro-
gram have inundated the fertile, wooded bottom
lands along the Missouri River that constituted the
most productive agricultural and pastoral lands of,
and the homeland of, the members of the Yankton
Sioux Tribe and the Santee Sioux Tribe;
(3) the Fort Randall project (including the Fort
Randall Dam and Reservoir)—
(A) overlies the western boundary of the
Yankton Sioux Tribe Indian Reservation; and
(B) has caused the erosion of more than
400 acres of prime land on the Yankton Sioux
Reservation adjoining the east bank of the Mis-
souri River;
(4) the Gavins Point project (including the Gav-
ins Point Dam and Reservoir) overlies the eastern
boundary of the Santee Sioux Tribe;
(5) although the Fort Randall and Gavins Point
projects are major components of the Pick-Sloan
program, and contribute to the economy of the
United States by generating a substantial amount of
hydropower and impounding a substantial quantity
of water, the reservations of the Yankton Sioux
Tribe and the Santee Sioux Tribe remain undevel-
oped;
(6) the United States Army Corps of Engineers
took the Indian lands used for the Fort Randall and
Gavins Point projects by condemnation proceedings;
(7) the Federal Government did not give
Yankton Sioux Tribe and the Santee Sioux Tribe an
opportunity to receive compensation for direct dam-
ages from the Pick-Sloan program, even though the
Federal Government gave 5 Indian reservations up-
stream from the reservations of those Indian tribes
such an opportunity;
(8) the Yankton Sioux Tribe and the Santee
Sioux Tribe did not receive just compensation for
the taking of productive agricultural Indian lands
through the condemnation referred to in paragraph
(6);
(9) the settlement agreement that the United
States entered into with the Yankton Sioux Tribe
and the Santee Sioux Tribe to provide compensation
for the taking by condemnation referred to in para-
graph (6) did not take into account the increase in
property values over the years between the date of
taking and the date of settlement; and
(10) in addition to the financial compensation
provided under the settlement agreements referred
to in paragraph (9)—
(A) the Yankton Sioux Tribe should re-
ceive 
an 
aggregate 
amount 
equal 
to
$34,323,743 for—
(i) the loss value of 2,851.40 acres of
Indian land taken for the Fort Randall
Dam and Reservoir of the Pick-Sloan pro-
gram; and
(ii) the use value of 408.40 acres of
Indian land on the reservation of that In-
dian tribe that was lost as a result of
stream bank erosion that has occurred
since 1953; and
(B) the Santee Sioux Tribe should receive
an aggregate amount equal to $8,132,838 for
the loss value of—
(i) 593.10 acres of Indian land lo-
cated near the Santee village; and
(ii) 414.12 acres on Niobrara Island
of the Santee Sioux Tribe Indian Reserva-
tion used for the Gavins Point Dam and
Reservoir.
SEC. 3. DEFINITIONS.
In this Act:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given that term in section 4(e) of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)).
(2) PROGRAM.—The term ‘‘Program’’ means
the power program of the Pick-Sloan Missouri River
Basin program, administered by the Western Area
Power Administration.
(3) SANTEE SIOUX TRIBE.—The term ‘‘Santee
Sioux Tribe’’ means the Santee Sioux Tribe of Ne-
braska.
(4) TRIBAL
PLAN.—The term ‘‘Tribal Plan’’
means a plan developed pursuant to section 6.
SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST
FUND.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a fund to be known as the
‘‘Yankton Sioux Tribe Development Trust Fund’’ (re-
ferred to in this section as the ‘‘Fund’’). The Fund shall
consist of any amounts deposited in the Fund under this
Act.
(b) FUNDING.—Out of any money in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall deposit $34,323,743 into the Fund not later than
60 days after the date of enactment of this Act.
(c) INVESTMENTS.—The Secretary of the Treasury
shall invest the amounts deposited under subsection (b)
in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest
by the United States. The Secretary of the Treasury shall
deposit interest resulting from such investments into the
Fund.
(d) PAYMENT
OF INTEREST
TO YANKTON SIOUX
TRIBE.—
(1) WITHDRAWAL OF INTEREST.—Beginning at
the end of the first fiscal year in which interest is
deposited into the Fund, the Secretary of the Treas-
ury shall withdraw the aggregate amount of interest
deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior
for use in accordance with paragraph (2). Each
amount so transferred shall be available without fis-
cal year limitation.
(2) PAYMENTS TO YANKTON SIOUX TRIBE.—
(A) IN GENERAL.—The Secretary of the
Interior shall use the amounts transferred
under paragraph (1) only for the purpose of
making payments to the Yankton Sioux Tribe,
as such payments are requested by that Indian
tribe pursuant to tribal resolution.
(B) LIMITATION.—Payments may be made
by the Secretary of the Interior under subpara-
graph (A) only after the Yankton Sioux Tribe
has adopted a Tribal Plan.
(C) USE
OF
PAYMENTS
BY
YANKTON
SIOUX TRIBE.—The Yankton Sioux Tribe shall
use the payments made under subparagraph
(A) only for carrying out projects and programs
under the Tribal Plan.
(D) PLEDGE OF FUTURE PAYMENTS.—
(i) IN
GENERAL.—Subject to clause
(ii), the Yankton Sioux Tribe may enter
into an agreement under which that Indian
tribe pledges future payments under this
paragraph as security for a loan or other
financial transaction.
(ii) 
LIMITATIONS.—The 
Yankton
Sioux Tribe—
(I) may enter into an agreement
under clause (i) only in connection
with the purchase of land or other
capital assets; and
(II) may not pledge, for any year
under an agreement referred to in
clause (i), an amount greater than 40
percent of any payment under this
paragraph for that year.
(e) TRANSFERS
AND WITHDRAWALS.—Except as
provided in subsections (c) and (d)(1), the Secretary of
the Treasury may not transfer or withdraw any amount
deposited under subsection (b).
SEC. 5. SANTEE SIOUX TRIBE OF NEBRASKA DEVELOP-
MENT TRUST FUND.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a fund to be known as the
‘‘Santee Sioux Tribe of Nebraska Development Trust
Fund’’ (referred to in this section as the ‘‘Fund’’). The
Fund shall consist of any amounts deposited in the Fund
under this Act.
(b) FUNDING.—Out of any money in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall deposit $8,132,838 into the Fund not later than 60
days after the date of enactment of this Act.
(c) INVESTMENTS.—The Secretary of the Treasury
shall invest the amounts deposited under subsection (b)
in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest
by the United States. The Secretary of the Treasury shall
deposit interest resulting from such investments into the
Fund.
(d) PAYMENT
OF INTEREST
TO SANTEE SIOUX
TRIBE.—
(1) WITHDRAWAL OF INTEREST.—Beginning at
the end of the first fiscal year in which interest is
deposited into the Fund, the Secretary of the Treas-
ury shall withdraw the aggregate amount of interest
deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior
for use in accordance with paragraph (2). Each
amount so transferred shall be available without fis-
cal year limitation.
(2) PAYMENTS TO SANTEE SIOUX TRIBE.—
(A) IN GENERAL.—The Secretary of the
Interior shall use the amounts transferred
under paragraph (1) only for the purpose of
making payments to the Santee Sioux Tribe, as
such payments are requested by that Indian
tribe pursuant to tribal resolution.
(B) LIMITATION.—Payments may be made
by the Secretary of the Interior under subpara-
graph (A) only after the Santee Sioux Tribe has
adopted a Tribal Plan.
(C) USE OF PAYMENTS BY SANTEE SIOUX
TRIBE.—The Santee Sioux Tribe shall use the
payments made under subparagraph (A) only
for carrying out projects and programs under
the Tribal Plan.
(D) PLEDGE OF FUTURE PAYMENTS.—
(i) IN
GENERAL.—Subject to clause
(ii), the Santee Sioux Tribe may enter into
an agreement under which that Indian
tribe pledges future payments under this
paragraph as security for a loan or other
financial transaction.
(ii) LIMITATIONS.—The Santee Sioux
Tribe—
(I) may enter into an agreement
under clause (i) only in connection
with the purchase of land or other
capital assets; and
(II) may not pledge, for any year
under an agreement referred to in
clause (i), an amount greater than 40
percent of any payment under this
paragraph for that year.
(e) TRANSFERS
AND WITHDRAWALS.—Except as
provided in subsections (c) and (d)(1), the Secretary of
the Treasury may not transfer or withdraw any amount
deposited under subsection (b).
SEC. 6. TRIBAL PLANS.
(a) IN GENERAL.—Not later than 24 months after
the date of enactment of this Act, the tribal council of
each of the Yankton Sioux and Santee Sioux Tribes shall
prepare a plan for the use of the payments to the Indian
tribe under section 4(d) or 5(d).
(b) CONTENTS OF TRIBAL PLAN.—Each Tribal Plan
shall provide for the manner in which the Indian tribe cov-
ered under the Tribal Plan shall expend payments to the
Indian tribe under this Act to promote—
(1) economic development;
(2) infrastructure development;
(3) the educational, health, recreational, and so-
cial welfare objectives of the Indian tribe and its
members; or
(4) any combination of the activities described
in paragraphs (1), (2), and (3).
(c) TRIBAL PLAN REVIEW AND REVISION.—
(1) IN GENERAL.—Each tribal council referred
to in subsection (a) shall make available for review
and comment by the members of the Indian tribe a
copy of the Tribal Plan for the Indian tribe before
the Tribal Plan becomes final, in accordance with
procedures established by the tribal council.
(2) UPDATING OF TRIBAL PLAN.—Each tribal
council referred to in subsection (a) may, on an an-
nual basis, revise the Tribal Plan prepared by that
tribal council to update the Tribal Plan. In revising
the Tribal Plan under this paragraph, the tribal
council shall provide the members of the Indian tribe
opportunity to review and comment on any proposed
revision to the Tribal Plan.
SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS
AND SERVICES.
(a) IN GENERAL.—No payment made to the Yankton
Sioux Tribe or Santee Sioux Tribe pursuant to this Act
shall result in the reduction or denial of any service or
program to which, pursuant to Federal law—
(1) the Yankton Sioux Tribe or Santee Sioux
Tribe is otherwise entitled because of the status of
the Indian tribe as a federally recognized Indian
tribe; or
(2) any individual who is a member of a Indian
tribe under paragraph (1) is entitled because of the
status of the individual as a member of the Indian
tribe.
(b) EXEMPTIONS FROM TAXATION.—No payment
made pursuant to this Act shall be subject to any Federal
or State income tax.
(c) POWER RATES.—No payment made pursuant to
this Act shall affect Pick-Sloan Missouri River Basin
power rates.
SEC. 8. STATUTORY CONSTRUCTION.
Nothing in this Act may be construed as diminishing
or affecting any water right of an Indian tribe, except as
specifically provided in another provision of this Act, any
treaty right that is in effect on the date of enactment of
this Act, any authority of the Secretary of the Interior
or the head of any other Federal agency under a law in
effect on the date of enactment of this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act, including such sums
as may be necessary for the administration of the Yankton
Sioux Tribe Development Trust Fund under section 4 and
the Santee Sioux Tribe of Nebraska Development Trust
Fund under section 5.
Union Calendar No. 416
106TH CONGRESS
2D SESSION
H. R. 2671
[Report No. 106–735]
A BILL
To provide for the Yankton Sioux Tribe and the
Santee Sioux Tribe of Nebraska certain benefits
of the Missouri River Basin Pick-Sloan project,
and for other purposes.
JULY 17, 2000
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed