[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3595 Introduced in House (IH)]







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 Representatives 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 available annually 
        for economic development.
            (2) 20 percent of such amounts shall be available annually 
        for burials.
            (3) 60 percent of such amounts shall be available annually 
        for annual budgeting by the tribal council based on local 
        priorities and initiatives.
    (e) Restrictions on Use of Moneys for Acquisition 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 
outside the exterior boundaries of the reservation of the Santee 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, including 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 household or member would otherwise be 
entitled under the Social Security Act (42 U.S.C. 301 et seq.) or, 
except for per capita shares in excess of $2,000, any Federal or 
federally assisted program.
    (g) Release, Relinquishment, and Extinguishment 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 execution of a 
        release and relinquishment under paragraph (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 
        extinguished as of the date of the execution.

SEC. 2. APPLICABILITY OF SETTLEMENT TERMS AND CONDITIONS OF SIOUX 
              INDIAN NATION IN DOCKETS 74-A AND 74-B, IF SETTLED.

    (a) In General.--If the Sioux Indian Nation accepts the settlement 
in both Dockets 74-A and 74-B, all amounts remaining in the fund shall 
be subject to the general terms and conditions applicable to moneys 
available to the Sioux Indian Nation under such settlement. Thereafter, 
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;
            (6) the Rosebud Sioux Tribe of the Rosebud Reservation, 
        South Dakota;
            (7) the Santee Sioux Tribe of the Santee Reservation, 
        Nebraska;
            (8) the Standing Rock Sioux Tribe of the Standing Rock 
        Reservation, North and South Dakota; and
            (9) the Sioux Tribe of the Fort Peck Reservation, Montana.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Santee Sioux Tribe'' means the Santee Sioux 
        Tribe of the Santee Reservation, Nebraska, a party to Docket 
        74-A.
            (2) The term ``Docket 74-A'' means the action before the 
        United States Claims Court in the case entitled ``Sioux Nation 
        of Indians against the United States'' for the adjudication of 
        claims based on the Treaty of April 29, 1868 (15 Stat. 635), 
        and the monetary settlement related thereto, between the United 
        States Government and the Sioux Indian Nation. Such term does 
        not include claims based on the Act of February 22, 1877 (19 
        Stat. 254), relating to the taking of the Black Hills, 
        designated as Docket 74-B.
            (3) The term ``proportionate share'' means 5.11 percent, as 
        provided by the Bureau of Indian Affairs in their ``Results of 
        Research Report'' dated October 1989.
            (4) The term ``fund'' means the Santee Sioux Tribe Docket 
        74-A Fund established by section 2(b).
            (5) The term ``Secretary'' means the Secretary of the 
        Interior.

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