I
107TH CONGRESS
1ST SESSION
H. R. 2408
To provide equitable compensation to the Yankton Sioux Tribe of South
Dakota and the Santee Sioux Tribe of Nebraska for the loss of value
of certain lands.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mr. OSBORNE introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide equitable compensation to the Yankton Sioux
Tribe of South Dakota and the Santee Sioux Tribe of
Nebraska for the loss of value of certain lands.
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 Equitable Compensation 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) overlies the western
boundary of the Yankton Sioux Tribe Indian Res-
ervation;
(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 the
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
$23,023,743 for the loss value of 2,851.40
acres of Indian land taken for the Fort Randall
Dam and Reservoir of the Pick-Sloan program;
and
(B) the Santee Sioux Tribe should receive
an aggregate amount equal to $4,789,010 for
the loss value of 593.10 acres of Indian land lo-
cated near the Santee village.
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) SANTEE SIOUX TRIBE.—The term ‘‘Santee
Sioux Tribe’’ means the Santee Sioux Tribe of Ne-
braska.
(3) 
YANKTON
SIOUX
TRIBE.—The 
term
‘‘Yankton Sioux Tribe’’ means the Yankton Sioux
Tribe of South Dakota.
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.—On the first day of the 11th fiscal
year that begins after the date of enactment of this Act,
the Secretary of the Treasury shall, from the General
Fund of the Treasury, deposit into the Fund established
under subsection (a)—
(1) $23,023,743; and
(2) an additional amount that equals the
amount of interest that would have accrued on the
amount described in paragraph (1) if such amount
had been invested in interest-bearing obligations of
the United States, or in obligations guaranteed as to
both principal and interest by the United States, on
the first day of the first fiscal year that begins after
the date of enactment of this Act and compounded
annually thereafter.
(c) INVESTMENT OF TRUST FUND.—It shall be the
duty of the Secretary of the Treasury to invest such por-
tion of the Fund as is not, in the Secretary of the Treas-
ury’s judgment, required to meet current withdrawals.
Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaran-
teed as to both principal and interest by the United States.
The Secretary of the Treasury shall deposit interest re-
sulting from such investments into the Fund.
(d) PAYMENT OF INTEREST TO TRIBE.—
(1) WITHDRAWAL OF INTEREST.—Beginning on
the first day of the 11th fiscal year after the date
of enactment of this Act and, on the first day of
each fiscal year thereafter, the Secretary of the
Treasury shall withdraw the aggregate amount of in-
terest deposited into the Fund for that fiscal year
and transfer that amount to the Secretary of the In-
terior for use in accordance with paragraph (2).
Each amount so transferred shall be available with-
out fiscal 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 under section 6.
(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 prepared under section 6.
(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 DEVELOPMENT TRUST FUND.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a fund to be known as the
‘‘Santee Sioux Tribe 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.—On the first day of the 11th fiscal
year that begins after the date of enactment of this Act,
the Secretary of the Treasury shall, from the General
Fund of the Treasury, deposit into the Fund established
under subsection (a)—
(1) $4,789,010; and
(2) an additional amount that equals the
amount of interest that would have accrued on the
amount described in paragraph (1) if such amount
had been invested in interest-bearing obligations of
the United States, or in obligations guaranteed as to
both principal and interest by the United States, on
the first day of the first fiscal year that begins after
the date of enactment of this Act and compounded
annually thereafter.
(c) INVESTMENT OF TRUST FUND.—It shall be the
duty of the Secretary of the Treasury to invest such por-
tion of the Fund as is not, in the Secretary of the Treas-
ury’s judgment, required to meet current withdrawals.
Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaran-
teed as to both principal and interest by the United States.
The Secretary of the Treasury shall deposit interest re-
sulting from such investments into the Fund.
(d) PAYMENT OF INTEREST TO TRIBE.—
(1) WITHDRAWAL OF INTEREST.—Beginning on
the first day of the 11th fiscal year after the date
of enactment of this Act and, on the first day of
each fiscal year thereafter, the Secretary of the
Treasury shall withdraw the aggregate amount of in-
terest deposited into the Fund for that fiscal year
and transfer that amount to the Secretary of the In-
terior for use in accordance with paragraph (2).
Each amount so transferred shall be available with-
out fiscal 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 under section 6.
(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 prepared under section 6.
(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 tribe
under section 4(d) or 5(d) (referred to in this subsection
as a ‘‘tribal plan’’).
(b) CONTENTS OF TRIBAL PLAN.—Each tribal plan
shall provide for the manner in which the tribe covered
under the tribal plan shall expend payments to the tribe
under subsection (d) to promote—
(1) economic development;
(2) infrastructure development;
(3) the educational, health, recreational, and so-
cial welfare objectives of the 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 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 tribe oppor-
tunity to review and comment on any proposed revi-
sion to the tribal plan.
(3) CONSULTATION.—In preparing the tribal
plan and any revisions to update the plan, each trib-
al council shall consult with the Secretary of the In-
terior and the Secretary of Health and Human Serv-
ices.
(4) AUDIT.—
(A) IN
GENERAL.—The activities of the
tribes in carrying out the tribal plans shall be
audited as part of the annual single-agency
audit that the tribes are required to prepare
pursuant to the Office of Management and
Budget circular numbered A–133.
(B) DETERMINATION BY AUDITORS.—The
auditors that conduct the audit described in
subparagraph (A) shall—
(i) determine whether funds received
by each tribe under this section for the pe-
riod covered by the audits were expended
to carry out the respective tribal plans in
a manner consistent with this section; and
(ii) include in the written findings of
the audits the determinations made under
clause (i).
(C) INCLUSION OF FINDINGS WITH PUBLI-
CATION
OF
PROCEEDINGS
OF
TRIBAL
COUN-
CIL.—A copy of the written findings of the au-
dits described in subparagraph (A) shall be in-
serted in the published minutes of each tribal
council’s proceedings for the session at which
the audit is presented to the tribal councils.
(d) PROHIBITION ON PER CAPITA PAYMENTS.—No
portion of any payment made under this Act may be dis-
tributed to any member of the Yankton Sioux Tribe or
the Santee Sioux Tribe of Nebraska on a per capita basis.
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 tribe as a federally recognized Indian tribe; or
(2) any individual who is a member of a tribe
under paragraph (1) is entitled because of the status
of the individual as a member of the 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.
SEC. 10. EXTINGUISHMENT OF CLAIMS.
Upon the deposit of funds under sections 4(b) and
5(b), all monetary claims that the Yankton Sioux Tribe
or the Santee Sioux Tribe of Nebraska has or may have
against the United States for loss of value or use of land
related to lands described in section 2(a)(10) resulting
from the Fort Randall and Gavins Point projects of the
Pick-Sloan Missouri River Basin program shall be extin-
guished.
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