I 
116TH CONGRESS 
1ST SESSION H. R. 4752 
To accept land into trust for the benefit of the Prairie Island Indian Commu-
nity as compensation to the Tribe for Tribal lands that have been 
rendered dangerous by the use and storage of highly toxic nuclear mate-
rials, some of which also have been inundated by flood waters, to release 
the United States from related claims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 18, 2019 
Ms. CRAIG (for herself, Mr. HAGEDORN, and Ms. MCCOLLUM) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To accept land into trust for the benefit of the Prairie 
Island Indian Community as compensation to the Tribe 
for Tribal lands that have been rendered dangerous by 
the use and storage of highly toxic nuclear materials, 
some of which also have been inundated by flood waters, 
to release the United States from related claims, 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 ‘‘The Prairie Island In-
dian Community Land Claim Settlement Act’’. 
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SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) The members of the Prairie Island Indian 
Community and their ancestors have occupied what 
is now northern Iowa and Minnesota since long be-
fore European contact, and their ancestors were 
present to greet the first French explorers and trad-
ers who entered the Upper Mississippi watershed. 
(2) The Tribe’s Reservation is located on an is-
land called Prairie Island on the Mississippi River in 
southeastern Minnesota, and was acquired in trust 
by the Secretary for the Tribe under the Indian Re-
organization Act of 1934 (Act of June 18, 1934, Ch. 
576, 48 Stat. 984), to serve as the Tribe’s perma-
nent homeland. 
(3) In 1938, the Army Corps of Engineers lo-
cated and constructed Lock and Dam No. 3 on the 
Upper Mississippi River less than two miles down-
stream from the Prairie Island Reservation. 
(4) The operation of Lock and Dam No. 3 
caused permanent inundation of land on the Prairie 
Island Reservation, as well as ongoing overbank 
flooding of Reservation land, much of which lies 
within the Mississippi River 100-year flood plain. 
(5) The flooding of a significant portion of the 
Prairie Island Reservation occurred without express 
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Congressional authorization, as required by the Con-
stitution and the Indian Trade and Intercourse Act, 
(section 2116 of the Revised Statutes; 25 U.S.C. 
177). 
(6) In 1972, the Federal Government licensed 
the siting of the Prairie Island Nuclear Generating 
Plant on Prairie Island approximately 600 yards 
from the Prairie Island Reservation, and later au-
thorized the storage of spent nuclear fuel on-site. On 
December 16, 1973, Unit 1 of the Plant started op-
eration and Unit 2 of the Plant started operating on 
December 21, 1974, both pursuant to 20-year oper-
ating licenses. 
(7) On June 27, 2011, the Nuclear Regulatory 
Commission renewed the Unit 1 and 2 operating li-
censes at the plant for an additional 20 years, au-
thorizing their continued operation until 2033 and 
2034, respectively. 
(8) The plant’s nuclear reactor core contains 
zirconium-clad rods filled with enriched uranium pel-
lets. The Federal courts have confirmed that the 
spent fuel and fuel assembly materials, while no 
longer useful for nuclear power generation, continue 
to pose a dangerous health threat, remaining lethally 
radioactive long into the future. 
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(9) The plant is now home to 44 dry casks that 
are loaded with spent nuclear fuel rods, stored in 
close proximity to a church, Tribal homes, a daycare 
center, government, cultural, language, and edu-
cation offices, the Tribe’s Community Center, and 
Tribal businesses. The Nuclear Regulatory Commis-
sion has licensed the storage of an additional 54 dry 
casks of spent nuclear fuel at the plant by 2034. 
(10) There is only one improved and main-
tained road leading on and off of the island, and it 
is shared by the Prairie Island Reservation and the 
Prairie Island Nuclear Generating Plant. The road 
crosses a busy rail corridor at grade and so can be 
and is often blocked by railroad traffic. 
(11) As a result, the Tribe’s entire Reservation 
is under constant threat of nuclear contamination 
and the means of escape is limited. 
(12) The operation of Lock and Dam No. 3, in 
combination with the close proximity of the Prairie 
Island Nuclear Generating Plant and spent nuclear 
fuel to the Prairie Island Reservation, threatens the 
safety and well-being of the Tribe and its members. 
(13) This Act will protect the Tribe and its 
members, will support the Tribe’s long-term health 
and self-sufficiency by acquiring reservation trust 
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land for the Tribe located at a safe distance from 
Lock and Dam No. 3 and the Prairie Island Nuclear 
Generating Plant, and will relieve the United States 
from liability related to the flooding of the Tribe’s 
Reservation. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act, the following definitions 
apply: 
(1) INUNDATED LAND.—The term ‘‘Inundated 
Land’’ means land owned by or for the benefit of the 
Tribe that lies within the Mississippi River 9-Foot 
Channel Project boundary as depicted as portions of 
Parcels A, B, and C on the map entitled ‘‘United 
States Army Corps of Engineers survey map of the 
Upper Mississippi River 9-Foot Project, Lock & 
Dam No. 3 (Red Wing), Land & Flowage Rights’’ 
and dated December 1936. 
(2) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Elk Run Properties, Olmstead Co., MN, 
Prairie Island Indian Community’’ and dated Octo-
ber 17, 2019. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) SETTLEMENT
LAND.—The term ‘‘Settle-
ment Land’’ means the approximately 1,244.75 
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acres of land owned by the Tribe and depicted on 
the Map. 
(5) TRIBE.—The term ‘‘Tribe’’ means the Prai-
rie Island Indian Community, a federally recognized 
Indian Tribe. 
SEC. 4. ACCEPTANCE INTO TRUST OF SETTLEMENT LANDS; 
RELEASE OF CLAIMS; CONVEYANCE OF EASE-
MENTS. 
(a) SETTLEMENT LAND.—If the Tribe provides the 
waiver, release of claims, and conveyance described in sub-
section (b), then, at the request of the Tribe, the Secretary 
shall immediately place the Settlement Land into trust for 
the benefit of the Tribe, subject to— 
(1) any valid existing rights of any third parties 
of record; and 
(2) approval of the form and content of any and 
all instruments of conveyance. 
(b) WAIVER AND RELEASE OF CLAIMS AND CONVEY-
ANCE OF INTERESTS IN LANDS.—The Secretary shall be 
required to carry out the obligations of subsection (a) not 
later than 6 months after the Secretary’s receipt from the 
Tribe of— 
(1) a waiver and release of any and all of its 
claims in law or equity against the United States for 
the unauthorized taking of the Inundated Land; and 
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(2) confirmation that the Tribe has conveyed to 
the Secretary of Defense such easements to the In-
undated Land as are necessary to confirm in the 
United States a perpetual right to overflow, flood, 
and temporarily or permanently inundate the Inun-
dated Land in connection with the operation and 
maintenance of the Mississippi River Navigation 
Project. 
(c) RESERVATION OF RIGHTS AND RETENTION OF 
CLAIMS.—Notwithstanding the waivers and releases au-
thorized in this Act, the Tribe shall retain any and all 
claims accruing after the date upon which the Secretary 
receives the waiver, release of claims, and conveyance de-
scribed in subsection (b). 
(d) STATUS OF LANDS AND INTERESTS IN LANDS.— 
Upon the Secretary’s placement of the Settlement Land 
into trust for the benefit of the Tribe pursuant to sub-
section (a), the Settlement Land shall be deemed to be 
part of the Tribe’s Reservation and to have been reserved 
for the Tribe as of the first date that the Inundated Land 
was accepted in trust for the Tribe. 
Æ 
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