[Congressional Record Volume 143, Number 117 (Monday, September 8, 1997)]
[House]
[Pages H6967-H6968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    MISSISSIPPI SIOUX TRIBES JUDGMENT FUND DISTRIBUTION ACT OF 1997

  Mr. HILL. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 976) to provide for the disposition of certain funds appropriated 
to pay judgment in favor of the Mississippi Sioux Indians and for other 
purposes, as amended.
  The Clerk read as follows:

                                H.R. 976

       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 ``Mississippi Sioux Tribes 
     Judgment Fund Distribution Act of 1997''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) Covered indian tribe.--The term ``covered Indian 
     tribe'' means an Indian tribe listed in section 4(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) 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 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.

     SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES.

       (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:
       (1) 28.9276 percent of such amount shall be distributed to 
     the tribal governing body of the Spirit Lake Sioux Tribe of 
     North Dakota.
       (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.
       (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).
       (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.

     SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.

       (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--
       (1) amounts deposited into the trust fund; and
       (2) any interest and investment income that accrues from 
     investments made from amounts deposited into the trust fund.
       (b) Trustee.--Each tribal governing body that establishes a 
     trust fund under this section shall--
       (1) serve as the trustee of the trust fund; and
       (2) administer the trust fund in accordance with section 6.

     SEC. 6. USE OF DISTRIBUTED FUNDS.

       (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.
       (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--
       (1) economic development that is beneficial to the covered 
     Indian tribe;
       (2) the development of resources of the covered Indian 
     tribe; or
       (3) the development of a program that is beneficial to 
     members of the covered Indian tribe, including educational 
     and social welfare programs.
       (c) Audits.--
       (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.
       (2) Action by the secretary.--
       (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.
       (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.

     SEC. 7. 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--

[[Page H6968]]

       (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.

     SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS.

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Montana [Mr. Hill] and the gentleman from Michigan [Mr. Kildee] each 
will control 20 minutes.
  The Chair recognizes the gentleman from Montana [Mr. Hill].
  Mr. HILL. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HILL asked and was given permission to revise and extend his 
remarks.)
  Mr. HILL. Mr. Speaker, I rise in support of H.R. 976, the proposed 
Mississippi Sioux Tribes Judgment Fund Distribution Act of 1997.
  Mr. Speaker, I note that this legislation would distribute judgment 
funds to the various Indian tribes in Montana, North Dakota, and South 
Dakota. I also note that all the Members of the House and all the 
Members of the Senate from these three States are sponsoring either 
H.R. 976 or the identical Senate version, S. 391.
  H.R. 976 would provide for the disposition of judgment funds 
appropriated by the Congress in 1968, plus accrued interest to pay the 
Mississippi Sioux Indians for 27 million acres of ancestral lands which 
the Indian Claims Commission ruled were taken without just 
compensation.
  A portion of these judgment funds would be distributed to the Spirit 
Lakes Sioux Tribe of North Dakota, the Sisseton and Wahpeton Sioux 
Tribe of South Dakota, and the Assiniboine Sioux Tribe of the Fort Peck 
Reservation in Montana, according to a formula included in H.R. 976.
  Each of the aforementioned tribes would be required to establish a 
trust fund for the benefit of the tribe to be used for the purposes 
specified in the bill. Another portion of the judgment funds, 
approximately $1.47 million, would be distributed to the lineal 
descendents of the Sisseton and Wahpeton tribes of Sioux Indians.
  In 1972, Congress passed a judgment fund distribution Act, Public Law 
92-555, which allocated these judgment funds between the tribes and 
lineal descendants to the Mississippi Sioux Tribes. That 1972 law has 
spawned a series of suits which are still being litigated.
  I am told that the administration refuses to negotiate a settlement 
to this litigation, in spite of Public Law 102-497 passed in 1992, 
which authorizes the Attorney General to do so. It is time to 
straighten out this mess. That is why H.R. 976 is before us today. This 
is a fair bill, a compromise for both the tribes and the lineal 
descendants which should be acceptable to all.
  Mr. Speaker, I recommend that H.R. 976 be passed by the House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the gentleman from Montana [Mr. Hill] has done a very 
good job in explaining this bill. I shall be very brief.
  The bill, the Mississippi Sioux Tribes Judgment Fund Distribution 
Act, will resolve a longstanding dispute over a 1967 judgment fund 
award by the Indian Claims Commission to three tribes in South Dakota, 
North Dakota, and Montana. These tribes are the Sisseton and Wahpeton 
Sioux Tribes, the Spirit Lake Sioux Tribe, and the Fort Peck Sioux 
Tribe. I have always enjoyed working with these great nations, and I am 
glad to count them among my friends.
  The gentleman from Montana [Mr. Hill] has done a very good job in 
explaining the bill. The administration has expressed some concerns 
with it, but I think this committee has well addressed those concerns, 
and I certainly would urge passage of this bill.
  This bill, the Mississippi Sioux Tribes Judgment Fund Distribution 
Act will resolve a longstanding dispute over 1967 judgment fund award 
by the Indian Claims Commission to three Sioux Tribes in South Dakota, 
North Dakota, and Montana.
  The three Sioux Tribes won their case against the United States for 
27 million acres of land illegally taken from them in direct violation 
of their treaty rights. The three tribes are the Sisseton-Wahpeton 
Sioux Tribe, the Spirit Lake Sioux Tribe, and the Fort Peck Sioux 
Tribe. I have always enjoyed working with these grant nations and am 
glad to count them among my friends.
  In 1972, Congress provided for the distribution of the award for the 
three tribes but also set aside $1.5 million of the award for 
distribution to lineal descendants of Sisseton and Wahpeton Sioux 
Tribe. The $1.5 million, however, was never distributed and has grown 
to more than $14 million.
  The tribes have historically opposed the award to the lineal 
descendants. Their position is that the award was based on the takings 
of lands from the tribes and that money should only be paid to tribal 
members. The Department of the Interior, however, recommended that the 
1972 distribution legislation also include certain lineal descendants 
who were not enrolled with the tribes but were legitimate descendants 
of the original parties.
  In the course of the past 10 years, the tribes have brought a series 
of lawsuits against the lineal descendants. Their claims were dismissed 
on a number of grounds.
  In 1992, Congress passed legislation authorizing the Justice 
Department to conduct settlement negotiations between the tribes and 
the lineal descendants. The Justice Department has never acted. At the 
same time, however, members of the South Dakota, North Dakota, and 
Montana delegations have sought to encourage settlement between the 
parties, despite the Justice Department's refusal to assist.
  The result is that the tribes and the lineal descendants have finally 
reached an agreement that divides the money by giving the lineal 
descendants their original $1.5 million and the three tribes the 
interest accrued, an amount that now stands at more than $12.5 million. 
All three Sioux Tribes strongly endorse this legislation and have 
agreed to forego any further legal action they might take against the 
lineal descendants. All of the parties are supportive of the plan, 
including the State Delegations.
  The administration, however, opposes this plan. Assistant Secretary 
Ada Deer testified before the House Resources Committee in June of this 
year expressing opposition for two reasons. First, the administration 
noted that the time for appeal in one of the tribes' lawsuits had not 
run, and thus there was an outside chance that the tribes might 
ultimately win their case. As I stated earlier, however, the tribes 
have agreed to drop any future actions if this legislation becomes law.
  Second, the administration recognized that if the lineal descendants 
were entitled to the original $1.5 million award, then they should get 
the interest. If on the other hand, they were not, then they should get 
nothing. Thus, they express concern that splitting the money might 
create a takings claim on the behalf of one of the parties. We believe, 
however, that Congress has the power to authorize this distribution 
plan and this view is supported by correspondence from the 
administration as well as their own testimony.
  With respect to the administration's concerns that the makeup of the 
lineal descendants may not be fully clear at this time, the legislation 
today provides for a pro rata distribution, thus insuring that all 
participants who qualify will receive equal awards.
  In sum, what we are doing is closing the books on a longstanding 
dispute between the three tribes and the lineal descendants, and 
bringing to an end the tribes' dispute with the United States. This is 
a sound and politically fair decision, one that is supported by all of 
the affected parties.
  I urge my colleagues to support enactment of this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HILL. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Montana [Mr. Hill] that the House suspend the rules and 
pass the bill, H.R. 976, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof), the rules were suspended and the bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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