I
104TH CONGRESS
2D SESSION
H. R. 3595
To make available to the Santee Sioux Tribe of Nebraska its proportionate
share of funds awarded in Docket 74–A to the Sioux Indian Nation,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 1996
Mr. BARRETT of Nebraska (for himself and Mr. BEREUTER) introduced the
following bill; which was referred to the Committee on Resources
A BILL
To make available to the Santee Sioux Tribe of Nebraska
its proportionate share of funds awarded in Docket 74–
A to the Sioux Indian Nation, 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. AVAILABILITY OF PROPORTIONATE SHARE OF
DOCKET 74–A TO THE SANTEE SIOUX TRIBE.
(a) IN GENERAL.—Of the amounts appropriated in
satisfaction of the monetary settlement in Docket 74–A,
together with the investment income earned thereon, the
proportionate share of the Santee Sioux Tribe shall be
available in accordance with this Act.
(b) FUND.—The Secretary of the Interior shall hold
the amount made available under subsection (a) in trust
for the tribe in a trust fund to be known as the ‘‘Santee
Sioux Tribe Docket 74–A Fund’’.
(c) INVESTMENT
OF PRINCIPAL.—The Secretary
shall invest the principal of the fund in accordance with
applicable law.
(d) AVAILABILITY OF EARNINGS.—The interest and
investment income earned under subsection (c) shall be
made available on an annual basis to the Santee Sioux
Tribe for such social and economic programs and tribal
government operations as may be determined by the tribal
council of the Santee Sioux Tribe, as follows:
(1) 20 percent of such amounts shall be avail-
able annually for economic development.
(2) 20 percent of such amounts shall be avail-
able annually for burials.
(3) 60 percent of such amounts shall be avail-
able annually for annual budgeting by the tribal
council based on local priorities and initiatives.
(e) RESTRICTIONS ON USE OF MONEYS FOR ACQUI-
SITION OF LAND LOCATED OUTSIDE OF RESERVATION.—
Amounts made available under subsection (d) may not be
used to acquire any lands or interests in lands located out-
side the exterior boundaries of the reservation of the San-
tee Sioux Tribe.
(f) TAX EXEMPTION AND RESOURCES EXEMPTION
LIMITATION.—None of the funds which are distributed
per capita or held in trust pursuant to this section, includ-
ing all interest and investment income accrued thereon
while such funds are so held in trust, shall be subject to
Federal or State income taxes, nor shall such funds nor
their availability be considered as income or resources nor
otherwise utilized as the basis for denying or reducing the
financial assistance or other benefits to which such house-
hold or member would otherwise be entitled under the So-
cial Security Act (42 U.S.C. 301 et seq.) or, except for
per capita shares in excess of $2,000, any Federal or fed-
erally assisted program.
(g) RELEASE, RELINQUISHMENT, AND EXTINGUISH-
MENT OF CLAIMS.—
(1) 
RELEASE
AND
RELINQUISHMENT.—No
amount may be made available under subsection (a)
until after the Santee Sioux Tribe executes a release
and relinquishment, acceptable to the Secretary, of
all claims subject to Docket 74–A.
(2) EXTINGUISHMENT.—By virtue of the execu-
tion of a release and relinquishment under para-
graph (1), all claims by the Santee Sioux Tribe and
any of its members against the United States which
are subject to Docket 74–A shall be deemed extin-
guished as of the date of the execution.
SEC. 2. APPLICABILITY OF SETTLEMENT TERMS AND CON-
DITIONS OF SIOUX INDIAN NATION IN DOCK-
ETS 74–A AND 74–B, IF SETTLED.
(a) IN GENERAL.—If the Sioux Indian Nation ac-
cepts the settlement in both Dockets 74–A and 74–B, all
amounts remaining in the fund shall be subject to the gen-
eral terms and conditions applicable to moneys available
to the Sioux Indian Nation under such settlement. There-
after, section 1 shall not apply.
(b) SIOUX INDIAN NATION.—For the purposes of
subsection (a), the term ‘‘Sioux Indian Nation’’ means—
(1) the Cheyenne River Sioux Tribe of the
Cheyenne River Indian Reservation;
(2) the Crow Creek Sioux Tribe of the Crow
Creek Indian Reservation;
(3) the Flandreau Santee Sioux Tribe of South
Dakota;
(4) the Lower Brule Sioux Tribe of the Lower
Brule Indian Reservation;
(5) the Oglala Sioux Tribe of the Pine Ridge
Reservation;