Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998
PL 105-387 (S.391), enacted 11/13/1998

PUBLIC LAW 105-387—NOV. 13, 1998 
112 STAT. 3471 
Public Law 105-387 
105th Congress 
An Act 
To provide for the disposition of certaia funds appropriated to pay judgment in 
favor of the Mississippi Sioux Indians, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Mississippi Sioux Tribes Judg-
ment Fund Distribution Act of 1998". 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COVERED INDIAN TRiBE.^The term "covered Indian 
tribe" means an Indian tribe Hsted in section 4(a). 
(2) FUND ACCOUNT.—The term "Fund Account" means the 
consohdated account for tribal trust funds in the Treasury 
of the United States that is managed by the Secretary— 
(A) through the Office of TYust Fund Management 
of the Department of the Interior; and 
(B) in accordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(4) TRIBAL GOVERNING BODY.—The term "tribal governing 
body" means the duly elected governing body of a covered 
Indian tribe. 
S E C . 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE 
SISSETON AND WAHPETON TRIBES OF SIOUX INDIANS. 
Notwithstanding any other provision of law, including Pubhc 
Law 92-555 (25 U.S.C. ISOOd et seq.), any funds made available 
by appropriations under chapter II of Public Law 90-352 (82 Stat. 
239) to the Sisseton and Wahpeton Tribes of Sioux Indians to 
pay a judgment in favor of those Indian tribes in Indian Claims 
Commission dockets numbered 142 and 359, including interest, 
that, as of the date of enactment of this Act, have not been distrib-
uted, shall be distributed and used in accordance with this Act. 
SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. 
(a) IN GENERAL.— 
(1) AMOUNT DISTRIBUTED.— 
(A) IN GENERAL.—Subject to section 8(e) and if no 
action is filed in a timely manner (as determined under 
section 8(d)) raising any claim identified in section 8(a), 
not earlier than 365 days after the date of enactment 
of this Act and not later than 415 days after the date 
Nov. 13, 1998 
(S. 391] 
Mississippi Sioux 
Tribes Judgment 
Fund 
Distribution Act 
of 1998. 
25 u s e 1300d 
note. 
25 use 
1300d-21. 
25 use 
1300d-22. 
25 use 
1300d-23. 
Deadline. 
112 STAT. 3472 
PUBLIC LAW 105-387—NOV. 13, 1998 
of enactment of this Act, the Secretary shall transfer to 
the Fund Account to be credited to accounts established 
in the Fund Account for the benefit of the applicable 
governing bodies under paragraph (2) an aggregate amount 
determined under subparagraph (B). 
(B) 
AGGREGATE 
AMOUNT.—The 
aggregate 
amount 
referred to in subparagraph (A) is an amount equal to 
the remainder o
f
— 
(i) the funds described in section 3; minus 
(ii) an amount equal to 71.6005 percent of the 
funds described in section 3. 
(2) DISTRIBUTION OF FUNDS TO ACCOUNTS IN THE FUND 
ACCOUNT.—^The Secretary shall ensure that the aggregate 
amount transferred under paragraph (1) is allocated to the 
accounts established in the Fund Account as follows: 
(A) 28.9276 percent of that amount shall be allocated 
to the account established for the benefit of the tribal 
governing body of the Spirit Lake Tribe of North Dakota. 
(B) 57.3145 percent of that amount, after payment 
of any applicable attorneys' fees and expenses by the Sec-
retary 
under the contract 
numbered AOOC14202991, 
approved by the Secretary on August 16, 1988, shall be 
allocated to the account established for the benefit of the 
tribal governing body of the Sisseton and Wahpeton Sioux 
Tribe of South Dakota. 
(C) 13.7579 percent of that amount shall be allocated 
to the account established for the benefit of the tribal 
governing body of the Assiniboine and Sioux Tribes of 
the Fort Peck Reservation in Montana, as designated under 
subsection (c). 
(b) USE.—^Amounts distributed under this section to accounts 
referred to in subsection (d) for the benefit of a tribal governing 
body shall be distributed and used in a manner consistent with 
section 5. 
(c) TRIBAL GOVERNING BODY OF ASSINIBOINE AND SIOUX TRIBES 
OF FORT PECK RESERVATION.—For purposes of making distributions 
of funds pursuant to this Act, the Sisseton and Wahpeton Sioux 
Council of the Assiniboine and Sioux Tribes shall act as the govern-
ing body of the Assiniboine and Sioux Tribes of the Fort Peck 
Reservation. 
(d) TRIBAL TRUST FUND ACCOUNTS.—-The Secretary of 
the 
Treasury, in cooperation with the Secretary of the Interior, acting 
through the Office of Trust Fund Management of the Department 
of the Interior, shall ensure that such accounts as are necessary 
are established in the Fund Account to provide for the distribution 
of funds under subsection (a)(2). 
25 use 
SEC. 5. USE OF DISTRIBUTED FUNDS. 
(a) PROHIBITION.—No funds allocated for a covered Indian tribe 
under section 4 may be used to make per capita payments to 
members of the covered Indian tribe. 
(b) PURPOSES.—^The funds allocated under section 4 may be 
used, administered, and managed by a tribal governing body 
referred to in section 4(a)(2) only for the purpose of making invest-
ments or expenditures that the tribal governing body determines 
to be reasonably related to— 
PUBLIC LAW 105-387—NOV. 13, 1998 
112 STAT. 3473 
(1) economic development that is beneficial to the covered 
Indigm tribe; 
(2) the development of resources of the covered Indian 
tribe; 
(3) the development of programs that are beneficial to 
members of the covered Indian tribe, including educational 
and social welfare programs; 
(4) the payment of any existing obligation or debt (existing 
as of the date of the distribution of the funds) arising out 
of any activity referred to in paragraph (1), (2), or (3); 
(5)(A) the pa3rment of attorneys' fees or expenses of any 
covered Indian tribe referred to in subparagraph (A) or (C) 
of section 4(a)(2) for litigation or other representation for mat-
ters arising out of the enactment of Public Law 92-555 (25 
U.S.C. 1300d et seq.); except that 
(B) the amount of attorneys' fees paid by a covered Indian 
tribe under this paragraph with funds distributed under section 
4 shall not exceed 10 percent of the amount distributed to 
that Indian tribe under that section; 
(6) the payment of attorneys' fees or expenses of the covered 
Indian tribe referred to in section 4(a)(2)(B) for litigation and 
other representation for matters arising out of the enactment 
of Pubhc Law 92-555 (25 U.S.C. 1300d et seq.), in accordance, 
as applicable, with the contracts numbered AOOC14203382 and 
AOOC14202991, that the Secretary approved on February 10, 
1978 and August 16, 1988, respectively; or 
(7) the payment of attorneys' fees or expenses of any cov-
ered Indian tribe referred to in section 4(a)(2) for litigation 
or other representation with respect to matters arising out 
of this Act. 
(c) MANAGEMENT.—Subject to subsections (a), (b), and (d), any 
funds distributed to a covered Indian tribe pursuant to sections 
4 and 7 may be managed and invested by that Indian tribe pursuant 
to the American Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4001 et seq.). 
(d) WITHDRAWAL OF FUNDS BY COVERED TRIBES.— 
(1) IN GENERAL.—Subject to paragraph (2), each covered 
Indian tribe may, at the discretion of that Indian tribe, with-
draw all or any portion of the funds distributed to the Indian 
tribe under sections 4 and 7 in accordance with the American 
Indian Trust Fund Management Reform Act (25 U.S.C. 4001 
et seq.). 
(2) EXEMPTION.—For purposes of paragraph (1), the 
requirements under subsections (a) and (b) of section 202 of 
the American Indian Trust Fund Management Reform Act (25 
U.S.C. 4022 (a) and (b)) and section 203 of such Act (25 U.S.C. 
4023) shall not apply to a covered Indian tribe or the Secretary. 
(3) RULE OP CONSTRUCTION.—Nothing in paragraph (2) may 
be construed to limit the applicability of section 202(c) of the 
American Indian Trust Fund Management Reform Act (25 
U.S.C. 4022(c)). 
SEC. 6. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON BENE- 
25 USC 
FITS. 
1300d-25. 
A pajmaent made to a covered Indian tribe or an individual 
under this Act shall not— 
112 STAT. 3474 
PUBLIC LAW 105-387—NOV. 13, 1998 
25 use 
1300d-26. 
Certification, 
(1) for purposes of determining the eligibility for a Federal 
service or program of a covered Indian tribe, household, or 
individual, be treated as income or resources; or 
(2) otherwise result in the reduction or denial of any service 
or program to which, pursuant to Federal law (including the 
Social Security Act (42 U.S.C. 301 et seq.)), the covered Indian 
tribe, household, or individual would otherwise be entitled. 
SEC. 7. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS. 
(a) IN GENERAL.—Subject to section 8(e), the Secretary shall, 
in the manner prescribed in section 202(c) of Public Law 92-555 
(25 U.S.C. 1300d-4(c)), distribute to the lineal descendants of the 
Sisseton and Wahpeton Tribes of Sioux Indians an amount equal 
to 71.6005 percent of the funds described in section 3, subject 
to any reduction determined under subsection (b). 
(b) ADJUSTMENTS.— 
(1) IN GENERAL.—Subject to section 8(e), if the number 
of individuals on the final roll of lineal descendants certified 
by the Secretary under section 201(b) of Public Law 92-555 
(25 U.S.C. 1300d-3(b)) is less than 2,588, the Secretary shall 
distribute a reduced aggregate amount to the lineal descendants 
referred to in subsection (a), determined by decreasing— 
(A) the percentage specified in section 4(a)(B)(ii) by 
a percentage amount equal to— 
(i) .0277; multiphed by 
(ii) the difference between 2,588 and the number 
of lineal descendants on the final roll of lineal descend-
ants, but not to exceed 600; and 
(B) the percentage specified in subsection (a) by the 
percentage amount determined under subparagraph (A). 
(2) DISTRIBUTION.—If a reduction in the amount that other-
wise would be distributed under subsection (a) is made under 
paragraph (1), an amount equal to that reduction shall be 
added to the amount available for distribution under section 
4(a)(1), for distribution in accordance with section 4(a)(2). 
(c) VERIFICATION OF ANCESTRY.—In seeking to verify 
the 
Sisseton and Wahpeton Mississippi Sioux Tribe ancestry of any 
person appl3dng for enrollment on the roll of lineal descendants 
after January 1, 1998, the Secretary shall certify that each individ-
ual enrolled as a lineal descendant can trace ancestry to a specific 
Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor who 
was listed on— 
(1) the 1909 Sisseton and Wsihpeton annuity roll; 
(2) the list of Sisseton and Wahpeton Sioux prisoners con-
victed for participating in the outbreak referred to as the "1862 
Minnesota Outbreak"; 
(3) the list of Sioux scouts, soldiers, and heirs identified 
as Sisseton and Wahpeton Sioux on the roll prepared pursuant 
to the Act of March 3, 1891 (26 Stat. 989 et seq., chapter 
543); or 
(4) any other Sisseton or Wahpeton payment or census 
roll that preceded a roll referred to in paragraph (1), (2), or 
(3). 
(d) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Section 202(a) of Pubhc Law 92-555 (25 
U.S.C. 1300d-4(a)) is amended— 
(A) in the matter preceding the table— 
PUBLIC LAW 105-387—NOV. 13, 1998 
112 STAT. 3475 
(i) by striking ", plus accrued interest,"; and 
(ii) by inserting "plus interest received (other than 
funds 
otherwise distributed to the Sisseton 
and 
Wahpeton Tribes of Sioux Indians in accordance with 
the Mississippi Sioux Tribes Judgment Fund Distribu-
tion Act of 1998)," after "docket numbered 359,"; and 
(B) in the table contained in that subsection, by strik-
ing the item relating to "All other Sisseton and Wahpeton 
Sioux". 
(2) ROLL.—Section 201(b) of PuWic Law 92-555 (25 U.S.C. 
1300d-3(b)) is amended by striking "The Secretary" and insert-
ing "Subject to the Mississippi Sioux Tribes Judgment Fund 
Distribution Act of 1998, the Secretary". 
SEC. 8. JURISDICTION; PROCEDURE. 
Courts. 
(a) ACTIONS AUTHORIZED.—In any action brought by or on i3ood-27. 
behalf of a lineal descendant or any group or combination of those 
lineal descendants to challenge the constitutionality or validity 
of distributions under this Act to any covered Indian tribe, any 
covered Indian tribe, separately, or jointly with another covered 
Indian tribe, shall have the right to intervene in that action to— 
(1) defend the validity of those distributions; or 
(2) assert any constitutional or other claim challenging 
the distributions made to lineal descendants under this Act. 
(b) JURISDICTION AND VENUE.— 
(1) EXCLUSIVE ORIGINAL JURISDICTION.—Subject to para-
graph (2), only the United States District Court for the District 
of Columbia, and for the districts in North Dakota and South 
Dakota, shall have original jurisdiction over any action brought 
to contest the constitutionality or validity under law of the 
distributions authorized under this Act. 
(2) CONSOLIDATION OP ACTIONS.—^After the filing of a first 
action under subsection (a), all other actions subsequently filed 
under that subsection shall be consolidated with that first 
action. 
(3) JURISDICTION BY THE UNITED STATES COURT OF FEDERAL 
CLAIMS.—If appropriate, the United States Court of Federal 
Claims shall have jurisdiction over an action referred to in 
subsection (a). 
(c) NOTICE TO COVERED TRIBES.—In an action brought under 
this section, not later than 30 days after the service of a summons 
and complaint on the Secretary that raises a claim identified in 
subsection (a), the Secretary shall send a copy of that summons 
and complaint, together with any responsive pleading, to each cov-
ered Indian tribe by certified mail with return receipt requested. 
(d) STATUTE OF LIMITATIONS.—No action raising a claim 
referred to in subsection (a) may be filed after the date that is 
365 days after the date of enactment of this Act. 
(e) SPECIAL RLTLE.— 
(1) FINAL JUDGMENT FOR LINEAL DESCENDANTS.— 
(A) IN GENERAL.—If an action that raises a claim 
referred to in subsection (a) is brought, and a final judg-
ment is entered in favor of 1 or more lineal descendants 
referred to in that subsection, section 4(a) and subsections 
(a) and (b) of section 7 shall not apply to the distribution 
of the funds described in subparagraph (B). 
112 STAT. 3476 
PUBLIC LAW 105-387—NOV. 13, 1998 
(B) DISTRIBUTION OP FUNDS.—^Upon the issuance of 
a final judgment referred to in subparagraph (A) the Sec-
retary shall distribute 100 percent of the funds described 
in section 3 to the lineal descendants in a manner consist-
ent with— 
(i) section 202(c) of Public Law 92-555 (25 U.S.C. 
1300d-4(c)); and 
(ii) section 202(a) of Public Law 92-555, as in 
effect on the day before the date of enactment of this 
Act. 
(2) FINAL JUDGMENT FOR COVERED INDIAN TRIBES.— 
(A) IN GENERAL.—If an action that raises a claim 
referred to in subsection (a) is brought, and a final judg-
ment is entered in favor of 1 or more covered Indian 
tribes that invalidates the distributions made under this 
Act to lineal descendants, section 4(a), other than the 
percentages under section 4(a)(2), and subsections (a) and 
(b) of section 7 shall not apply. 
Deadline. 
(B) DISTRIBUTION OF FUNDS.—Not later than 180 days 
after the date of the issuance of a final judgment referred 
to in subparagraph (A), the Secretary shall distribute 100 
percent of the funds described in section 3 to each covered 
Indian tribe in accordance with the judgment and the 
percentages for distribution contained in section 4(a)(2), 
(f) LIMITATION ON CLAIMS BY A COVERED INDIAN TRIBE.— 
(1) IN GENERAL.—If any covered Indian tribe receives any 
portion of the aggregate amounts transferred by the Secretary 
to a Fund Account or any other account under section 4, no 
action may be brought by that covered Indism tribe in any 
court for a claim £irising from the distribution of funds under 
PubHc Law 92-555 (25 U.S.C. 1300d et seq.). 
(2) RULE OP CONSTRUCTION.—Nothing in this subsection 
shall be construed to limit the right of a covered Indian tribe 
to— 
(A) intervene in an action that raises a claim referred 
to in subsection (a); or 
(B) limit the jurisdiction of any court referred to in 
subsection (b), to hear and determine any such claims. 
Approved November 13, 1998. 
LEGISLATIVE fflSTORY—S. 391 (H.R. 976): 
HOUSE REPORTS: No. 105-242 accompanying H.R. 976 (Comm. on Resotirces). 
SENATE REPORTS: No. 105-379 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 9, considered and passed Senate. 
Oct. 10, considered and passed House, amended. 
Oct. 14, Senate concurred in House amendment.