IB 
Union Calendar No. 427
107TH CONGRESS 
2D SESSION 
H. R. 2408
[Report No. 107–689] 
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 
SEPTEMBER 25, 2002
Additional sponsor: Mr. THUNE 
SEPTEMBER 25, 2002
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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
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.