Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments for projects and programs to promote: (1) economic development; (2) infrastructure development; or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members.
States that payments under this Act will not affect other Federal payments or the Pick-Sloan Missouri River Basin power rates or be subject to Federal or State income tax.
Authorizes appropriations.
Extinguishes all monetary claims of the Tribes against the United States for loss of value or use of land resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program upon the deposit of funds into such Funds.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2408 Introduced in House (IH)]
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 Representatives 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 Missouri River Basin program (referred to in this
section as the ``Pick-Sloan program'')--
(A) to promote the general economic development 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 program 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 Reservation;
(4) the Gavins Point project (including the Gavins 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 undeveloped;
(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 damages from the Pick-Sloan program,
even though the Federal Government gave 5 Indian reservations
upstream 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 paragraph (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 receive 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 located 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 Assistance Act (25 U.S.C. 450b(e)).
(2) Santee sioux tribe.--The term ``Santee Sioux Tribe''
means the Santee Sioux Tribe of Nebraska.
(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'' (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) $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 portion of the Fund as is not,
in the Secretary of the Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting 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 interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use
in accordance with paragraph (2). Each amount so transferred
shall be available without 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 subparagraph (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 portion of the Fund as is not,
in the Secretary of the Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting 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 interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use
in accordance with paragraph (2). Each amount so transferred
shall be available without 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 subparagraph (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 social
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 annual 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 opportunity to
review and comment on any proposed revision to the tribal plan.
(3) Consultation.--In preparing the tribal plan and any
revisions to update the plan, each tribal council shall consult
with the Secretary of the Interior and the Secretary of Health
and Human Services.
(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 period
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 publication of
proceedings of tribal council.--A copy of the written
findings of the audits described in subparagraph (A)
shall be inserted 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 distributed 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 extinguished.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Interior, HHS.
Committee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Unanimous Consent.
Reported by the Committee on Resources. H. Rept. 107-689.
Reported by the Committee on Resources. H. Rept. 107-689.
Placed on the Union Calendar, Calendar No. 427.
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