[Congressional Record Volume 145, Number 78 (Thursday, May 27, 1999)]
[Senate]
[Pages S6292-S6294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself and Mr. Kerrey):
  S. 1148. 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; to the Committee on Indian 
Affairs.


  yankton sioux tribe and santee sioux tribe of nebraska development 
                             trust fund act

  Mr. DASCHLE. Mr. President, today I am introducing legislation to 
compensate the Yankton Sioux Tribe of South Dakota and the Santee Sioux 
Tribe of Nebraska for losses the tribes suffered when the Fort Randall 
and Gavins Point dams were constructed on the Missouri River over four 
decades ago.
  As a result of the construction of these dams, more than 3,259 acres 
of land owned by the Yankton Sioux Tribe was flooded or subsequently 
lost to erosion. Approximately 600 acres of land located near the 
Santee village and 400 acres on the Niobrara Island of the Santee Sioux 
Tribe Indian Reservation also was flooded. The flooding of these 
fertile lands struck a significant blow at the economies of these 
tribes, and the tribes have never adequately been compensated for that 
loss. Passage of this legislation will help compensate the tribes for 
their losses by providing the resources necessary to rebuild their 
infrastructure and their economy.
  To appreciate fully the need for this legislation, it is important to 
understand the historic events that preceded its development. The Fort 
Randall and Gavins Point dams were constructed in South Dakota pursuant 
to the Flood Control Act (58 Stat. 887) of 1944. That legislation 
authorized implementation of the Missouri River Basin Pick-Sloan Plan 
for water development and flood control for downstream states.
  The Fort Randall dam, which was an integral part of the Pick-Sloan 
project, initially flooded 2,851 acres of tribal land, forcing the 
relocation and resettlement of at least 20 families, including the 
traditional and self-sustaining community of White Swan, one of the 
four major settlement areas on the reservation. On other reservations, 
such as Crow Creek, Lower Brule, Cheyenne River, Standing Rock and Fort 
Berthold, communities affected by the Pick-Sloan dams were relocated to 
higher ground. In contrast, the White Swan community was completely 
dissolved and its residents dispersed to whatever areas they could 
settle and start again.
  The bill I am introducing today is the latest in a series of laws 
that have been enacted in the 1990s to address similar claims by other 
tribes in South Dakota for losses caused by the Pick-Sloan dams. In 
1992, Congress granted the Three Affiliated Tribes of Fort Berthold 
Reservation and the Standing Rock Sioux Tribe compensation for direct 
damages, including lost reservation infrastructure, relocation and 
resettlement expenses, the general rehabilitation of the tribes, and 
for unfulfilled government commitments regarding replacement 
facilities. In 1996 Congress enacted legislation compensating the Crow 
Creek tribe for its losses, while in 1997, legislation was enacted to 
compensate the Lower Brule tribe. The Yankton Sioux Tribe and Santee 
Sioux Tribe have not yet received fair compensation for their losses. 
Their time has come.
  Mr. President, the flooding caused by the Pick-Sloan projects touched 
every aspect of life on the Yankton and Santee Sioux reservations, as 
large portions of their communities were forced to relocate wherever 
they could find shelter. Never were these effects fully considered when 
the federal government was acquiring these lands or designing the Pick-
Sloan projects.

  The Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska 
Development Trust Fund Act represents an important step in our 
continuing effort to compensate fairly the tribes of the Missouri River 
Basin for the sacrifices they made decades ago for the construction of 
the dams. Passage of this legislation not only will right a historic 
wrong, but in doing so it will improve the lives of Native Americans 
living on these reservations.
  It has taken decades for us to recognize the unfulfilled federal 
obligation to compensate the tribes for the effects of the dams. We 
cannot, of course, remake the lost lands that are now covered with 
water and return them to the tribes. We can, however, help provide the 
resources necessary to the tribe to improve the infrastructure on their 
reservations. This, in turn, will enhance opportunities for economic 
development that will benefit all members of the tribe. Now that we 
have reached this stage, the importance of passing this legislation as 
soon as possible cannot be stated too strongly.
  I strongly urge my colleagues to approve this legislation this year. 
Providing compensation to the Yankton Sioux Tribe and the Santee Sioux 
Tribe of Nebraska for past harm inflicted by the federal government is 
long-overdue and any further delay only compounds that harm. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1148

       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)--

[[Page S6293]]

       (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.

  Mr. KERREY. Mr. President, today, I join with my colleagues to 
introduce the Yankton Sioux Tribe and the Santee Sioux Tribe of 
Nebraska Development Trust Fund Act. This legislation will provide 
compensation to the Yankton and Santee Sioux Tribes for

[[Page S6294]]

damages incurred by the development of the Pick-Sloan Missouri River 
Basin program.
  As a result of the construction of Pick-Sloan development projects on 
tribally-held land adjacent to the Missouri river, Tribes were 
subjected to forced land takings, involuntary resettlement of families, 
and the loss of irreplaceable reservation resources.
  The Santee Sioux Tribe of Nebraska lost approximately 600 acres of 
Indian land located near the Santee village and an additional 400 acres 
on the Nebraska Island of the Santee Sioux Tribe Indian Reservation.
  Congress provided compensation to other Native American Tribes for 
losses caused by the Pick-Sloan projects. However, the Yankton and the 
Santee Sioux Tribes were not provided opportunities to receive 
compensation by Congress. Instead, they received settlements for the 
appraised value of their property through condemnation proceedings in 
U.S. District Court. But these Tribes did not receive rehabilitation 
compensation. As a result, the Yankton and Santee Sioux Tribes are 
entitled to this additional compensation.
  This legislation seeks to utilize revenues from the sale of 
hydropower generated by the Pick-Sloan dams to redress tribal claims 
for land takings. Congress has endorsed this approach on three separate 
occasions by enacting legislation which established compensation for 
several other Tribes adversely impacted by the Pick-Sloan projects.
  We propose to establish trust funds for the Yankton and Santee Sioux 
Tribes from a portion of the revenues of hydropower sales made by the 
Western Areas Power Administration. More specifically, the Santee Sioux 
Tribe of Nebraska would received a yearly payment of interest earned on 
the principal in the trust fund. Our legislation encourages the Santee 
Sioux Tribe to craft an economic development plan for use of the 
interest income. This self-governance approach will enable the Santee 
Sioux Tribe to continue to address improving the quality of life of its 
tribal members.
  This legislation values the importance of redressing tribal claims 
and self-governance for Nebraska Native American Tribes. It will enable 
the Santee Sioux Tribe of Nebraska to address past grievances and look 
forward to investing in its future.
                                 ______