[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 391 Reported in Senate (RS)]





                                                       Calendar No. 708

105th CONGRESS

  2d Session

                                 S. 391

                          [Report No. 105-379]

_______________________________________________________________________

                                 A BILL

  To provide for the disposition of certain funds appropriated to pay 
   judgment in favor of the Mississippi Sioux Indians, and for other 
                               purposes.

_______________________________________________________________________

              October 7 (legislative day, October 2), 1998

                       Reported with an amendment





                                                       Calendar No. 708
105th CONGRESS
  2d Session
                                 S. 391

                          [Report No. 105-379]

  To provide for the disposition of certain funds appropriated to pay 
   judgment in favor of the Mississippi Sioux Indians, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 1997

  Mr. Dorgan (for himself, Mr. Conrad, Mr. Johnson, Mr. Daschle, Mr. 
 Baucus, and Mr. Burns) introduced the following bill; which was read 
         twice and referred to the Committee on Indian Affairs

              October 7 (legislative day, October 2), 1998

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To provide for the disposition of certain 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Mississippi Sioux Tribes 
Judgment Fund Distribution Act of 1997''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act, the following definitions shall 
apply:</DELETED>
        <DELETED>    (1) Covered indian tribe.--The term ``covered 
        Indian tribe'' means an Indian tribe listed in section 
        4(a).</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (3) Tribal governing body.--The term ``tribal 
        governing body'' means the duly elected governing body of a 
        covered Indian tribe.</DELETED>

<DELETED>SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE 
              SISSETON AND WAHPETON TRIBES OF SIOUX INDIANS.</DELETED>

<DELETED>    Notwithstanding any other provision of law, including 
Public Law 92-555 (25 U.S.C. 1300d 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 the Tribes in Indian Claims Commission dockets numbered 142 
and 359, including interest, after payment of attorney fees and other 
expenses, that, as of the date of enactment of this Act, have not been 
distributed, shall be distributed and used in accordance with this 
Act.</DELETED>

<DELETED>SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES.</DELETED>

<DELETED>    (a) In General.--Subject to section 5, as soon as 
practicable after the date that is 1 year after the date of enactment 
of this Act, the Secretary shall distribute an aggregate amount, equal 
to the funds described in section 3 reduced by $1,469,831.50, as 
follows:</DELETED>
        <DELETED>    (1) 28.9276 percent of such amount shall be 
        distributed to the tribal governing body of the Spirit Lake 
        Sioux Tribe of North Dakota.</DELETED>
        <DELETED>    (2) 57.3145 percent of such amount shall be 
        distributed to the tribal governing body of the Sisseton and 
        Wahpeton Sioux Tribe of South Dakota.</DELETED>
        <DELETED>    (3) 13.7579 percent of such amount shall be 
        distributed to the tribal governing body of the Assiniboine and 
        Sioux Tribes of the Fort Peck Reservation in Montana, as 
        designated under subsection (b).</DELETED>
<DELETED>    (b) 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 governing body of the 
Assiniboine and Sioux Tribes of the Fort Peck Reservation.</DELETED>

<DELETED>SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.</DELETED>

<DELETED>    (a) In General.--As a condition to receiving funds 
distributed under section 4, each tribal governing body referred to in 
section 4(a) shall establish a trust fund for the benefit of the 
covered Indian tribe under the jurisdiction of that tribal governing 
body, consisting of--</DELETED>
        <DELETED>    (1) amounts deposited into the trust fund; 
        and</DELETED>
        <DELETED>    (2) any interest that accrues from investments 
        made from amounts deposited into the trust fund.</DELETED>
<DELETED>    (b) Trustee.--Each tribal governing body that establishes 
a trust fund under this section shall--</DELETED>
        <DELETED>    (1) serve as the trustee of the trust fund; 
        and</DELETED>
        <DELETED>    (2) administer the trust fund in accordance with 
        section 6.</DELETED>

<DELETED>SEC. 6. USE OF DISTRIBUTED FUNDS.</DELETED>

<DELETED>    (a) Prohibition.--No funds distributed to a covered Indian 
tribe under section 4 may be used to make per capita payments to 
members of the covered Indian tribe.</DELETED>
<DELETED>    (b) Purposes.--The funds distributed under section 4 may 
be used by a tribal governing body referred to in section 4(a) only for 
the purpose of making investments or expenditures that the tribal 
governing body determines to be reasonably related to--</DELETED>
        <DELETED>    (1) economic development that is beneficial to the 
        covered Indian tribe;</DELETED>
        <DELETED>    (2) the development of resources of the covered 
        Indian tribe; or</DELETED>
        <DELETED>    (3) the development of a program that is 
        beneficial to members of the covered Indian tribe, including 
        educational and social welfare programs.</DELETED>
<DELETED>    (c) Audits.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall conduct an 
        annual audit to determine whether each tribal governing body 
        referred to in section 4(a) is managing the trust fund 
        established by the tribal governing body under section 5 in 
        accordance with the requirements of this section.</DELETED>
        <DELETED>    (2) Action by the secretary.--</DELETED>
                <DELETED>    (A) In general.--If, on the basis of an 
                audit conducted under paragraph (1), the Secretary 
                determines that a covered Indian tribe is not managing 
                the trust fund established by the tribal governing body 
                under section 5 in accordance with the requirements of 
                this section, the Secretary shall require the covered 
                Indian tribe to take remedial action to achieve 
                compliance.</DELETED>
                <DELETED>    (B) Appointment of independent trustee.--
                If, after a reasonable period of time specified by the 
                Secretary, a covered Indian tribe does not take 
                remedial action under subparagraph (A), the Secretary, 
                in consultation with the tribal governing body of the 
                covered Indian tribe, shall appoint an independent 
                trustee to manage the trust fund established by the 
                tribal governing body under section 5.</DELETED>

<DELETED>SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON 
              BENEFITS.</DELETED>

<DELETED>    (a) In General.--A payment made to a covered Indian tribe 
or an individual under this Act shall not--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Tax Treatment.--A payment made to a covered Indian 
tribe or individual under this Act shall not be subject to any Federal 
or State income tax.</DELETED>

<DELETED>SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS.</DELETED>

<DELETED>    Not later than 1 year after the date of enactment of this 
Act, of the funds described in section 3, the Secretary shall, in the 
manner prescribed in section 202(c) of Public Law 92-555 (25 U.S.C. 
1300d-4(c)), distribute an amount equal to $1,469,831.50 to the lineal 
descendants of the Sisseton and Wahpeton Tribes of Sioux 
Indians.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mississippi Sioux Tribes Judgment 
Fund Distribution Act of 1998''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered indian tribe.--The term ``covered Indian 
        tribe'' means an Indian tribe listed in section 4(a).
            (2) Fund account.--The term ``Fund Account'' means the 
        consolidated account for tribal trust funds in the Treasury of 
        the United States that is managed by the Secretary--
                    (A) through the Office of Trust 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.

SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE SISSETON AND 
              WAHPETON TRIBES OF SIOUX INDIANS.

    Notwithstanding any other provision of law, including Public Law 
92-555 (25 U.S.C. 1300d 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 distributed, 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 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 of--
                            (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 
                Secretary under the contract numbered A00C14202991, 
                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 governing 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).

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 investments or 
expenditures that the tribal governing body determines to be reasonably 
related to--
            (1) economic development that is beneficial to the covered 
        Indian 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 payment 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 
        matters 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 Public Law 92-555 (25 U.S.C. 1300d et seq.), 
        in accordance, as applicable, with the contracts numbered 
        A00C14203382 and A00C14202991, that the Secretary approved on 
        February 10, 1978 and August 16, 1988, respectively; or
            (7) the payment of attorneys' fees or expenses of any 
        covered 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, 
        withdraw 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 of 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 BENEFITS.

    (a) In General.--A payment made to a covered Indian tribe or an 
individual under this Act shall not--
            (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.
    (b) Applicability.--Section 304 of Public Law 92-555 (25 U.S.C. 
1300d-8) shall apply to any funds distributed under this Act.

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; multiplied by
                            (ii) the difference between 2,588 and the 
                        number of lineal descendants on the final roll 
                        of lineal descendants, 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 
        otherwise 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 applying 
for enrollment on the roll of lineal descendants after January 1, 1998, 
the Secretary shall certify that each individual 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 Wahpeton annuity roll;
            (2) the list of Sisseton and Wahpeton Sioux prisoners 
        convicted 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 Public Law 92-555 (25 
        U.S.C. 1300d-4(a)) is amended--
                    (A) in the matter preceding the table--
                            (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 Distribution Act of 1998),'' 
                        after ``docket numbered 359,''; and
                    (B) in the table contained in that subsection, by 
                striking the item relating to ``All other Sisseton and 
                Wahpeton Sioux''.
            (2) Roll.--Section 201(b) of Public Law 92-555 (25 U.S.C. 
        1300d-3(b)) is amended by striking ``The Secretary'' and 
        inserting ``Subject to the Mississippi Sioux Tribes Judgment 
        Fund Distribution Act of 1998, the Secretary''.

SEC. 8. JURISDICTION; PROCEDURE.

    (a) Actions Authorized.--In any action brought by or on 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 paragraph 
        (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 of 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 covered 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 Rule.--
            (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 
                judgment 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).
                    (B) Distribution of funds.--Upon 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 the lineal descendants in a 
                manner consistent 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 
                judgment 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.
                    (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 Indian tribe in any court 
        for a claim arising from the distribution of funds under Public 
        Law 92-555 (25 U.S.C. 1300-d et seq.).
            (2) Rule of 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.