[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1148 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1148

 To provide for the Yankton Sioux Tribe and the Santee Sioux Tribe of 
   Nebraska certain benefits of the Missouri River Basin Pick-Sloan 
                    project, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

Mr. Daschle (for himself and Mr. Kerrey) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for the Yankton Sioux Tribe and the Santee Sioux Tribe of 
   Nebraska certain benefits of the Missouri River Basin Pick-Sloan 
                    project, 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 ``Yankton Sioux Tribe and Santee Sioux 
Tribe of Nebraska Development Trust Fund 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)--
                    (A) overlies the western boundary of the Yankton 
                Sioux Tribe Indian Reservation; and
                    (B) has caused the erosion of more than 400 acres 
                of prime land on the Yankton Sioux Reservation 
                adjoining the east bank of the Missouri River;
            (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 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 $34,323,743 for--
                            (i) 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
                            (ii) the use value of 408.40 acres of 
                        Indian land on the reservation of that Indian 
                        tribe that was lost as a result of stream bank 
                        erosion that has occurred since 1953; and
                    (B) the Santee Sioux Tribe should receive an 
                aggregate amount equal to $8,132,838 for the loss value 
                of--
                            (i) 593.10 acres of Indian land located 
                        near the Santee village; and
                            (ii) 414.12 acres on Niobrara Island of the 
                        Santee Sioux Tribe Indian Reservation used for 
                        the Gavins Point Dam and Reservoir.

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) Program.--The term ``Program'' means the power program 
        of the Pick-Sloan Missouri River Basin program, administered by 
        the Western Area Power Administration.
            (3) Santee sioux tribe.--The term ``Santee Sioux Tribe'' 
        means the Santee Sioux Tribe of Nebraska.

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.--Out of any money in the Treasury not otherwise 
appropriated, the Secretary of the Treasury shall deposit $34,323,743 
into the Fund not later than 60 days after the date of enactment of 
this Act.
    (c) Investments.--The Secretary of the Treasury shall invest the 
amounts deposited under subsection (b) 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 Yankton Sioux Tribe.--
            (1) Withdrawal of interest.--Beginning at the end of the 
        first fiscal year in which interest is deposited into the Fund, 
        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.
                    (D) Pledge of future payments.--
                            (i) In general.--Subject to clause (ii), 
                        the Yankton Sioux Tribe may enter into an 
                        agreement under which that Indian tribe pledges 
                        future payments under this paragraph as 
                        security for a loan or other financial 
                        transaction.
                            (ii) Limitations.--The Yankton Sioux 
                        Tribe--
                                    (I) may enter into an agreement 
                                under clause (i) only in connection 
                                with the purchase of land or other 
                                capital assets; and
                                    (II) may not pledge, for any year 
                                under an agreement referred to in 
                                clause (i), an amount greater than 40 
                                percent of any payment under this 
                                paragraph for that year.
    (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 OF NEBRASKA 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 of 
Nebraska 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.--Out of any money in the Treasury not otherwise 
appropriated, the Secretary of the Treasury shall deposit $8,132,838 
into the Fund not later than 60 days after the date of enactment of 
this Act.
    (c) Investments.--The Secretary of the Treasury shall invest the 
amounts deposited under subsection (b) 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 Santee Sioux Tribe.--
            (1) Withdrawal of interest.--Beginning at the end of the 
        first fiscal year in which interest is deposited into the Fund, 
        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.
                    (D) Pledge of future payments.--
                            (i) In general.--Subject to clause (ii), 
                        the Santee Sioux Tribe may enter into an 
                        agreement under which that Indian tribe pledges 
                        future payments under this paragraph as 
                        security for a loan or other financial 
                        transaction.
                            (ii) Limitations.--The Santee Sioux Tribe--
                                    (I) may enter into an agreement 
                                under clause (i) only in 
connection with the purchase of land or other capital assets; and
                                    (II) may not pledge, for any year 
                                under an agreement referred to in 
                                clause (i), an amount greater than 40 
                                percent of any payment under this 
                                paragraph for that year.
    (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.

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.
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