A bill to provide for the use and distribution of funds awarded in Docket 363 to the Mdewakanton and Mahpekute Eastern or Mississippi Sioux before the United States Court of Claims and Claims Court.
PL 99-130 (S.1349), enacted 10/28/1985

PUBLIC LAW 99-130—OCT. 28, 1985 
99 STAT. 549 
Public Law 99-130 
99th Congress 
An Act 
To provide for the use and distribution of funds awarded in docket 363 to the 
Mdewakanton and Wahpekute Eastern or Mississippi Sioux before the United 
States Court of Claims and Claims Court. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
SECTION 1. (a) That notwithstanding any other law, except as 
provided in subsection Ot)) of this section, the funds for awards to the 
Mdewakanton and Wahpekute Sioux appropriated on January 30, 
1981 ($800,000), on October 15, 1982 ($591,058), and one-half of the 
funds appropriated on March 2, 1981 ($7,500), all in docket num-
bered 363 before the United States Court of Claims, and the funds 
appropriated on August 1, 1983 ($3,468,246.48), in docket numbered 
363 before the United States Claims Court, less attorney fees and 
litigation expenses, and including all interest and investment 
income accrued, shall be divided by the Secretary of the Interior 
(hereinafter the "Secretary") as follows: 
Percent 
(1) Santee Sioux Tribe of Nebraska 
58.69 
(2) Flandreau Santee Sioux Tribe 
15.84 
(3) Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton 
Sioux Communities of Minnesota to be divided on the basis of the re-
spective members of each of the three communities, bom on or prior 
to and living on the date of this Act 
25.47 
(b) To the share of the Santee Sioux Tribe of Nebraska in subsec-
tion (a) of this section shall be added $172,363.20, and to the share of 
the Flandreau Santee Sioux Tribe $135,244.32, both sums appro-
priated on August 1, 1983, in docket numbered 363, less attorney 
fees and litigation expenses, and including all interest and invest-
ment income accrued. 
SEC. 2. The share of the Santee Sioux Tribe of Nebraska shall be 
used and distributed as follows: 
(a) Eighty per centum of the funds apportioned shall be used and 
distributed as follows: 
(1) the Secretary shall make a per capita distribution of $300 
to each tribal member born on or prior to and living on the date 
of this Act, except that those members at least sixty years of age 
on that date shall be paid $900. 
(2) the balance of the 80 per centum portion of the funds shall 
be invested by the Secretary for a tribal investment fund de-
signed to yield periodic dividend payments to all tribal members 
born on or prior to and living on the dates such dividend 
payments are declared. Only the interest and investment 
income accrued shall be available for dividend payments. The 
amounts and payment dates shall be determined by the tribal 
governing body with the approval of the Secretary, and the first 
of such pa)mients shall not be made earlier than five years from 
the date of the per capita payment in paragraph (1) of this 
subsection. 
Oct. 28, 1985 
[S. 1349] 
Indians. 
99 STAT. 550 
PUBLIC LAW 99-130—OCT. 28, 1985 
(b)(1) Twenty per centum of the funds shall be utilized for tribal 
social and economic development purposes, and for the establish-
ment of a tribal burial fund; $200,000 of such program funds shall be 
invested by the Secretary for the purpose of establishing a burial 
fund utilizing the interest and investment income accrued. Such 
funds shall not be available for burial services until two years after 
the date of initial investment. The tribal governing body, with the 
approval of the Secretary, shall develop criteria for the implementa-
tion of tribal burial services. 
(2) The balance of the 20 per centum portion shall be invested by 
the Secretary and the interest and investment income accrued shall 
be utilized by the tribal governing body on a budgetary basis, with 
the approval of the Secretary, for programs designed to enhance the 
social and economic development of the tribe. None of the 20 per 
centum programming portion of the funds shall be available for per 
capita or dividend payments. 
SEC. 3. The share of the Flandreau Santee Sioux Tribe shall be 
used and distributed as follows: 
(a) Twenty-five per centum of the funds shall be distributed in the 
form of per capita payments to each tribal member born on or prior 
to and living on the date of the enactment of this Act, except that 
those members at least sixty years of age as of that date shall be 
paid twice the amount of other per capita recipients. 
(b) Seventy-five per centum of the funds (which includes funds 
previously advanced to the tribal governing body) shall be used by 
the tribal governing body on a budgetary basis, with approval of the 
Secretary, for programs designed to enhance the social and eco-
nomic development of the tribe. None of the 75 per centum program-
ming portion of the funds shall be available for per capita payments. 
SEC. 4. The share of the Prairie Island Sioux Community shall be 
used and distributed as follows: 
(a) Eighty per centum of the funds shall be invested by the 
Secretary for a Tribal Investment Fund designed to yield periodic 
dividend payments to all tribal members born on or prior to and 
living on the dates such dividend payments are declared. Only the 
interest and investment income accrued shall be available for divi-
dend payments. The amounts and payment dates shall be deter-
mined by the tribal governing body with the approval of the 
Secretary. 
(b) Twenty per centum of the funds shall be utilized by the tribal 
governing body on a budgetary basis, with the approval of the 
Secretary, for programs designed to enhance the social and eco-
nomic development of the tribe. None of the 20 per centum program-
ming portion of the funds shall be available for per capita or 
dividend payments. 
SEC. 5. The share of the Lower Sioux Indian Community shall be 
used and distributed as follows: 
(a) Eighty per centum of the funds apportioned shall be used and 
distributed as follows: 
(1) the Secretary shall make a per capita distribution of $300 
to each tribal member born on or prior to and living on the date 
of the enactment of this Act; 
(2) one year from the date that the per capita payments in 
paragraph (1) of this subsection are made, an additional per 
capita payment of $300 shall be made to each tribal member 
who is at least sixty years of age living on such date; 
PUBLIC LAW 99-130—OCT. 28, 1985 
99 STAT. 551 
(3) the balance of the 80 per centum portion of the funds shall 
be invested by the Secretary for a Tribal Investment Fund 
designed to yield periodic dividend payments to all tribal mem-
bers born on or prior to and living on the dates such dividend 
payments are declared. Only the interest and investment 
income accrued shall be available for dividend payments. The 
amounts and payment dates shall be determined by the tribal 
governing body with the approval of the Secretary, and the first 
of such payments shall not be made earlier than five years from 
the date of the per capita pa3anent in paragraph (1) of this 
subsection. 
(h) Twenty per centum of the funds shall be invested by the 
Secretary and the interest and investment income accrued shall be 
utilized by the tribal governing body on a budgetary basis, with the 
approval of the Secretary, for programs designed to enhance the 
social and economic development of the tribe. None of the 20 per 
centum programming portion of the funds shall be available for per 
capita or dividend payments. 
SEC. 6. The share of the Shakopee Mdewakanton Sioux Commu-
nity shall be used and distributed as follows: 
(a) Eighty per centum of the funds shall be invested by the 
Secretary for a Tribal Investment Fund designed to yield periodic 
dividend payments to all tribal members born on or prior to and 
living on the dates such dividend payments are declared. Only the 
interest and investment income accrued thereon shall be available 
for dividend pa3niients. The amounts and payment dates shall be 
determined by the tribal governing body with the approval of the 
Secretary. 
(b) Twenty per centum of the funds shall be invested by the 
Secretary and the interest and investment income accrued shall be 
utilized by the tribal governing body on a budgetary basis, with the 
approval of the Secretary, for programs designed to enhance the 
social and economic development of the tribe. None of the 20 per 
centum programming portion of the funds shall be available for per 
capita or dividend payments. 
GENERAL PROVISION 
SEC. 7. (a) No person shall receive benefit pajrments as a member Prohibition. 
of more than one of the tribes under this Act. An individual who is a 
member of more than one of the tribes under this Act must des-
ignate the tribe from which he or she will receive per capita or 
dividend payments prior to receiving a per capita or dividend pay-
ment under this Act. 
99 STAT. 552 
PUBLIC LAW 99-130—OCT. 28, 1985 
(b) The per capita shares or dividend payments of living, com-
petent adults shall be paid directly to them. The shares or payments 
of deceased individuals, legal incompetents and minors, shall be 
determined and distributed under regulations prescribed by the 
Secretary pursuant to the Act of October 19, 1973 (87 Stat. 466), as 
amended (96 Stat. 2512; 25 U.S.C. 1401 et seq.). 
SEC. 8. Per capita and dividend payment distributions made 
pursuant to this Act shall be subject to the provisions of section 7 of 
the Act of October 19,1973 (87 Stat. 466), as amended (96 Stat. 2515; 
25 U.S.C. 1407). 
Approved October 28, 1985. 
LEGISLATIVE HISTORY—S. 1349: 
HOUSE REPORT No. 99-298 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 99-115 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
July 31, considered and passed Senate. 
Oct. 9, considered and passed House.