[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4752 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 4752

To accept land into trust for the benefit of the Prairie Island Indian 
Community as compensation to the Tribe for Tribal lands that have been 
   rendered dangerous by the use and storage of highly toxic nuclear 
 materials, some of which also have been inundated by flood waters, to 
 release the United States from related claims, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 2019

Ms. Craig (for herself, Mr. Hagedorn, and Ms. McCollum) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To accept land into trust for the benefit of the Prairie Island Indian 
Community as compensation to the Tribe for Tribal lands that have been 
   rendered dangerous by the use and storage of highly toxic nuclear 
 materials, some of which also have been inundated by flood waters, to 
 release the United States from related claims, 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 ``The Prairie Island Indian Community 
Land Claim Settlement Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The members of the Prairie Island Indian Community and 
        their ancestors have occupied what is now northern Iowa and 
        Minnesota since long before European contact, and their 
        ancestors were present to greet the first French explorers and 
        traders who entered the Upper Mississippi watershed.
            (2) The Tribe's Reservation is located on an island called 
        Prairie Island on the Mississippi River in southeastern 
        Minnesota, and was acquired in trust by the Secretary for the 
        Tribe under the Indian Reorganization Act of 1934 (Act of June 
        18, 1934, Ch. 576, 48 Stat. 984), to serve as the Tribe's 
        permanent homeland.
            (3) In 1938, the Army Corps of Engineers located and 
        constructed Lock and Dam No. 3 on the Upper Mississippi River 
        less than two miles downstream from the Prairie Island 
        Reservation.
            (4) The operation of Lock and Dam No. 3 caused permanent 
        inundation of land on the Prairie Island Reservation, as well 
        as ongoing overbank flooding of Reservation land, much of which 
        lies within the Mississippi River 100-year flood plain.
            (5) The flooding of a significant portion of the Prairie 
        Island Reservation occurred without express Congressional 
        authorization, as required by the Constitution and the Indian 
        Trade and Intercourse Act, (section 2116 of the Revised 
        Statutes; 25 U.S.C. 177).
            (6) In 1972, the Federal Government licensed the siting of 
        the Prairie Island Nuclear Generating Plant on Prairie Island 
        approximately 600 yards from the Prairie Island Reservation, 
        and later authorized the storage of spent nuclear fuel on-site. 
        On December 16, 1973, Unit 1 of the Plant started operation and 
        Unit 2 of the Plant started operating on December 21, 1974, 
        both pursuant to 20-year operating licenses.
            (7) On June 27, 2011, the Nuclear Regulatory Commission 
        renewed the Unit 1 and 2 operating licenses at the plant for an 
        additional 20 years, authorizing their continued operation 
        until 2033 and 2034, respectively.
            (8) The plant's nuclear reactor core contains zirconium-
        clad rods filled with enriched uranium pellets. The Federal 
        courts have confirmed that the spent fuel and fuel assembly 
        materials, while no longer useful for nuclear power generation, 
        continue to pose a dangerous health threat, remaining lethally 
        radioactive long into the future.
            (9) The plant is now home to 44 dry casks that are loaded 
        with spent nuclear fuel rods, stored in close proximity to a 
        church, Tribal homes, a daycare center, government, cultural, 
        language, and education offices, the Tribe's Community Center, 
        and Tribal businesses. The Nuclear Regulatory Commission has 
        licensed the storage of an additional 54 dry casks of spent 
        nuclear fuel at the plant by 2034.
            (10) There is only one improved and maintained road leading 
        on and off of the island, and it is shared by the Prairie 
        Island Reservation and the Prairie Island Nuclear Generating 
        Plant. The road crosses a busy rail corridor at grade and so 
        can be and is often blocked by railroad traffic.
            (11) As a result, the Tribe's entire Reservation is under 
        constant threat of nuclear contamination and the means of 
        escape is limited.
            (12) The operation of Lock and Dam No. 3, in combination 
        with the close proximity of the Prairie Island Nuclear 
        Generating Plant and spent nuclear fuel to the Prairie Island 
        Reservation, threatens the safety and well-being of the Tribe 
        and its members.
            (13) This Act will protect the Tribe and its members, will 
        support the Tribe's long-term health and self-sufficiency by 
        acquiring reservation trust land for the Tribe located at a 
        safe distance from Lock and Dam No. 3 and the Prairie Island 
        Nuclear Generating Plant, and will relieve the United States 
        from liability related to the flooding of the Tribe's 
        Reservation.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Inundated land.--The term ``Inundated Land'' means land 
        owned by or for the benefit of the Tribe that lies within the 
        Mississippi River 9-Foot Channel Project boundary as depicted 
        as portions of Parcels A, B, and C on the map entitled ``United 
        States Army Corps of Engineers survey map of the Upper 
        Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red Wing), 
        Land & Flowage Rights'' and dated December 1936.
            (2) Map.--The term ``Map'' means the map entitled ``Elk Run 
        Properties, Olmstead Co., MN, Prairie Island Indian Community'' 
        and dated October 17, 2019.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Settlement land.--The term ``Settlement Land'' means 
        the approximately 1,244.75 acres of land owned by the Tribe and 
        depicted on the Map.
            (5) Tribe.--The term ``Tribe'' means the Prairie Island 
        Indian Community, a federally recognized Indian Tribe.

SEC. 4. ACCEPTANCE INTO TRUST OF SETTLEMENT LANDS; RELEASE OF CLAIMS; 
              CONVEYANCE OF EASEMENTS.

    (a) Settlement Land.--If the Tribe provides the waiver, release of 
claims, and conveyance described in subsection (b), then, at the 
request of the Tribe, the Secretary shall immediately place the 
Settlement Land into trust for the benefit of the Tribe, subject to--
            (1) any valid existing rights of any third parties of 
        record; and
            (2) approval of the form and content of any and all 
        instruments of conveyance.
    (b) Waiver and Release of Claims and Conveyance of Interests in 
Lands.--The Secretary shall be required to carry out the obligations of 
subsection (a) not later than 6 months after the Secretary's receipt 
from the Tribe of--
            (1) a waiver and release of any and all of its claims in 
        law or equity against the United States for the unauthorized 
        taking of the Inundated Land; and
            (2) confirmation that the Tribe has conveyed to the 
        Secretary of Defense such easements to the Inundated Land as 
        are necessary to confirm in the United States a perpetual right 
        to overflow, flood, and temporarily or permanently inundate the 
        Inundated Land in connection with the operation and maintenance 
        of the Mississippi River Navigation Project.
    (c) Reservation of Rights and Retention of Claims.--Notwithstanding 
the waivers and releases authorized in this Act, the Tribe shall retain 
any and all claims accruing after the date upon which the Secretary 
receives the waiver, release of claims, and conveyance described in 
subsection (b).
    (d) Status of Lands and Interests in Lands.--Upon the Secretary's 
placement of the Settlement Land into trust for the benefit of the 
Tribe pursuant to subsection (a), the Settlement Land shall be deemed 
to be part of the Tribe's Reservation and to have been reserved for the 
Tribe as of the first date that the Inundated Land was accepted in 
trust for the Tribe.
                                 <all>