[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.
____________________