Congressional Record, Volume 148 Issue 126 (Tuesday, October 1, 2002)

[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6864-H6867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

YANKTON SIOUX TRIBE AND SANTEE SIOUX TRIBE EQUITABLE COMPENSATION ACT

Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 434) to provide equitable compensation to the Yankton
Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska for
the loss of value of certain lands, as amended.
The Clerk read as follows:

S. 434

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

TITLE I--YANKTON SIOUX AND SANTEE SIOUX TRIBES EQUITABLE COMPENSATION

SEC. 101. SHORT TITLE.

This title may be cited as the ``Yankton Sioux Tribe and
Santee Sioux Tribe Equitable Compensation Act''.

SEC. 102. 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) overlies the western boundary of the
Yankton Sioux Tribe Indian Reservation;
(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

[[Page H6865]]

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 the 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 $23,023,743 for 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
(B) the Santee Sioux Tribe should receive an aggregate
amount equal to $4,789,010 for the loss value of 593.10 acres
of Indian land located near the Santee village.

SEC. 103. DEFINITIONS.

In this title:
(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) Santee sioux tribe.--The term ``Santee Sioux Tribe''
means the Santee Sioux Tribe of Nebraska.
(3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe''
means the Yankton Sioux Tribe of South Dakota.

SEC. 104. 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 title.
(b) Funding.--On the first day of the 11th fiscal year that
begins after the date of enactment of this Act, the Secretary
of the Treasury shall, from the General Fund of the Treasury,
deposit into the Fund established under subsection (a)--
(1) $23,023,743; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph
(1) if such amount had been invested in interest-bearing
obligations of the United States, or in obligations
guaranteed as to both principal and interest by the United
States, on the first day of the first fiscal year that begins
after the date of enactment of this Act and compounded
annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the Fund
as is not, in the Secretary of Treasury's judgment, required
to meet current withdrawals. Such investments may be made
only 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 Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, 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 106.
(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 106.
(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. 105. SANTEE SIOUX TRIBE 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 Development Trust Fund'' (referred to in this section
as the ``Fund''). The Fund shall consist of any amounts
deposited in the Fund under this title.
(b) Funding.--On the first day of the 11th fiscal year that
begins after the date of enactment of this Act, the Secretary
of the Treasury shall, from the General Fund of the Treasury,
deposit into the Fund established under subsection (a)--
(1) $4,789,010; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph
(1) if such amount had been invested in interest-bearing
obligations of the United States, or in obligations
guaranteed as to both principal and interest by the United
States, on the first day of the first fiscal year that begins
after the date of enactment of this Act and compounded
annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the Fund
as is not, in the Secretary of Treasury's judgment, required
to meet current withdrawals. Such investments may be made
only 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 Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, 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 106.
(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 106.
(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. 106. 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 104(d)
or 105(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 section
104(d) or 105(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.
(3) Consultation.--In preparing the tribal plan and any
revisions to update the plan, each tribal council shall
consult with the Secretary of the Interior and the Secretary
of Health and Human Services.
(4) Annual reports.--Each tribe shall submit an annual
report to the Secretary describing any expenditures of funds
withdrawn by that tribe under this title.
(d) Prohibition on Per Capita Payments.--No portion of any
payment made under this title may be distributed to any
member of the Yankton Sioux Tribe or the Santee Sioux Tribe
of Nebraska on a per capita basis.

SEC. 107. 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 title 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

[[Page H6866]]

of the status of the individual as a member of the tribe.
(b) Exemptions From Taxation.--No payment made pursuant to
this title shall be subject to any Federal or State income
tax.
(c) Power Rates.--No payment made pursuant to this title
shall affect Pick-Sloan Missouri River Basin power rates.

SEC. 108. STATUTORY CONSTRUCTION.

Nothing in this title may be construed as diminishing or
affecting any water right of an Indian tribe, except as
specifically provided in another provision of this title, any
treaty right that is in effect on the date of enactment of
this Act, or 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. 109. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are
necessary to carry out this title, including such sums as may
be necessary for the administration of the Yankton Sioux
Tribe Development Trust Fund under section 104 and the Santee
Sioux Tribe Development Trust Fund under section 105.

SEC. 110. EXTINGUISHMENT OF CLAIMS.

Upon the deposit of funds under sections 104(b) and 105(b),
all monetary claims that the Yankton Sioux Tribe or the
Santee Sioux Tribe of Nebraska has or may have against the
United States for loss of value or use of land related to
lands described in section 102(a)(10) resulting from the Fort
Randall and Gavins Point projects of the Pick-Sloan Missouri
River Basin program shall be extinguished.

TITLE II--MARTIN'S COVE LAND TRANSFER

SEC. 201. SHORT TITLE.

This title may be cited as the ``Martin's Cove Land
Transfer Act''.

SEC. 202. CONVEYANCE TO THE CORPORATION OF THE PRESIDING
BISHOP.

(a) Conveyance Required.--Notwithstanding the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
the Secretary of the Interior (hereafter in this section
referred to as the ``Secretary'') shall offer to convey to
the Corporation of the Presiding Bishop, all right, title,
and interest of the United States in and to the public lands
identified for disposition on the map entitled ``Martin's
Cove Land Transfer Act'' numbered MC/0002, and dated May 17,
2002, for the purpose of public education, historic
preservation, and the enhanced recreational enjoyment of the
public. Such map shall be on file and available for public
inspection in the offices of the Director of the Bureau of
Land Management and the Lander District of the Bureau of Land
Management.
(b) Consideration.--
(1) In general.--The Corporation of the Presiding Bishop
shall pay to the United States an amount equal to the
historic fair market value of the property conveyed under
this section, including any improvements to that property.
(2) Determination of fair market value.--Not later than 90
days after the date of the enactment of this Act, the
Secretary shall determine the historic fair market value of
the property conveyed under this section, including any
improvements to the property.
(c) Access Agreement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary and the
Corporation of the Presiding Bishop shall enter into an
agreement, binding on any successor or assignee, that ensures
that the property conveyed shall, consistent with the
historic purposes of the site--
(1) be available in perpetuity for public education and
historic preservation; and
(2) provide to the public, in perpetuity and without
charge, access to the property conveyed.
(d) Right of First Refusal.--As a condition of any
conveyance under this section, the Secretary shall require
that the Church of Jesus Christ of Latter Day Saints and its
current or future affiliated corporations grant the United
States a right of first refusal to acquire all right, title,
and interest in and to the property conveyed under this
section, at historic fair market value, if the Church of
Jesus Christ of Latter Day Saints or any of its current or
future affiliated corporations seeks to dispose of any right,
title, or interest in or to the property.
(e) Disposition of Proceeds.--Proceeds of this conveyance
shall be used exclusively by the National Historic Trails
Interpretive Center Foundation, Inc., a nonprofit corporation
located in Casper, Wyoming, for the sole purpose of advancing
the public understanding and enjoyment of the National
Historic Trails System in accordance with subsection (f).
(f) Use of Proceeds.--Funds shall be used by the Foundation
only for the following purposes and according to the
following priority:
(1) To complete the construction of the exhibits connected
with the opening of the National Historic Trails Center
scheduled for August 2002.
(2) To maintain, acquire, and further enhance the exhibits,
artistic representations, historic artifacts, and grounds of
the Center.
(g) No Precedent Set.--this title does not set a precedent
for the resolution of land sales between or among private
entities and the United States.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. Rahall)
each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
S. 434 would provide compensation for the Yankton Sioux and Santee
Sioux Indian tribes for tribal lands condemned for the Pick-Sloan
Missouri River Basin program project.
The second title of this bill is the text of my bill, H.R. 4103,
which has already passed the House. It would direct the Secretary of
the Interior to offer to sell 940 acres of BLM land in the Natrona
County, Wyoming, to the LDS Church for the purpose of its historic
preservation, public education and enjoyment of the public. Funds from
the sale would be directed for the sole purpose of public understanding
and enjoyment of the National Historic Trail System at the National
Historic Trails Interpretive Center in Casper, Wyoming.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
The minority has reviewed the legislation and has no problem with it.
Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Wyoming (Mrs. Cubin).
Mrs. CUBIN. Mr. Speaker, I rise very reluctantly today to oppose this
bill. First of all, this is occurring in my State. We tried to get
through to the chairman's staff, to his chief of staff, all day today.
We could not find out that this Martin's Cove bill was on the Senate
bill, S. 434, until late this afternoon, at which time we had to call
the Democrat side to find out that it was hooked on to this bill.
I have agreed that I would work with the chairman on finding a way to
get a vote on this bill in the Senate because it did pass the House.
However, Mr. Speaker, we all know the backlog of House bills, over 60,
that are sitting at the floor of the Senate, and for us to attach a
piece of legislation in a Member's district without the Member having
any knowledge whatsoever of this until late this afternoon on a Tom
Daschle bill, Mr. Speaker, this is just wrong.
There has to be another way for the chairman to deal with the
Martin's Cove bill. I am willing to work with him, but I have to speak
against this right now because we were totally left out of the loop. I
believe that the chairman's chief of staff deliberately would not call
us back and let us know. He e-mailed us finally late in the afternoon
after many attempts to find out. We certainly thank the gentleman from
West Virginia and his staff for letting us know what happened, or what
was going to happen before this came up.
At any rate, Mr. Speaker, I am opposed for that reason. I think we
need to look at these things separately. I will be calling for a vote,
and very regretfully so.
Mr. THUNE. Mr. Speaker, I would like to thank you for bringing this
bill to the floor, which would provide compensation to the Yankton and
Santee Sioux Tribes for the land they sacrificed in the construction of
the Pick-Sloan water project on the Missouri River. I would also like
to thank Congressman Osborne for introducing H.R. 2408, the House
version of this important piece of legislation, of which I am proud to
be a cosponsor.
The Pick-Sloan Missouri River program authorized in 1944 was
implemented to ease downstream funding of the Missouri River, offer
irrigation water for farmers and ranchers, and produce hydroelectric
power.
While the intentions of these projects proved to be fruitful for
some, it is fair to say that the Pick-Sloan program has certain
negative impacts on the Yankton and Santee Sioux Tribes. Much of the
land taken and destroyed to create the Ft. Randall and Gavins Point
Dams and reservoirs belonged to these tribes.
H.R. 2408 and S. 434 would offer monetary compensation to these
tribes for their lost and destroyed land along the Missouri River.
These funds will be held in trust by the Department of Interior and
will be released contingent upon a Tribal plan. The Tribal plan will be
designed to promote economic development, infrastructure, education,
health care and social welfare for the Yankton and Santee Sioux Tribes.
These funds will be of great benefit to the Yankton and Santee Sioux
tribes as they work

[[Page H6867]]

to improve the standard of living for the members of their tribe. These
tribes, like many others, face significant challenges such as meeting
important health care and education needs.
This legislation is not the first time tribes will have been
compensated for destroyed and lost land as a result of the Pick Sloan
project. In my state alone, the Standing Rock, Lower Brule, Cheyenne
River and Crow Creek Sioux Tribes have received compensation for land
taken by the Pick-Sloan project. It is now time for the Yanton and
Santee Sioux tribes to be compensated.
It is now time for action on this bill. I urge all of my colleagues
to support this legislation, so these tribes may receive the much-
needed compensation they truly deserve.
Mr. OSBORNE. Mr. Speaker, I am pleased that today the House is taking
up S. 434, the Yankton and Santee Sioux Compensation Act. Today's mark-
up is the culmination of many years of work on the part of the Santee
Sioux tribe, which I represent, and the Yankton Sioux Tribe. I want to
thank Chairman Hansen for bringing this legislation forward. I also
want to thank Chairman Hansen's Chief Counsel, Lisa Pittman, as well as
Mike Olsen and former staffer Renee Howell in the Committee's Office of
Native American and Insular Affairs, who were instrumental in its
drafting.
S. 434 would provide long overdue compensation by establishing two
trust funds to be used by the Santee Sioux and Yankton Sioux tribes.
Specifically, this bill directs the U.S. Treasury to deposit about $23
million into a special trust fund account for the Yankton Sioux and
approximately $4.7 million for the Santee Sioux. The tribes would then
be allowed to draw on the interest earned from the trust funds for
economic and infrastructure development and other activities. The
tribes would also be required to adopt economic development plans to
account for the way in which these funds will be spent.
This legislation is necessary because when the Federal Government
built the dams on the upper reaches of the Missouri River under the
Pick-Sloan Missouri River Basin program, the Yankton Sioux and Santee
Sioux were not provided compensation for the taking of their land.
While the dams were designed to promote general economic development in
the region, provide for irrigation, and protect from flooding, their
construction inundated productive agricultural and pastoral lands and
the traditional homeland of the tribes. In the case of the Santee
Sioux, the Gavins Point Dam permanently flooded about 600 acres of the
tribe's land.
S. 434 is not without precedent. Over the past decade, Congress has
passed three laws providing compensation to other tribes affected by
the Pick-Sloan projects. Additional tribes were compensated in 1992,
1996, and 1997. I believe it is only fair that we work to find a way to
compensate the Yankton Sioux and Santee Sioux tribes.
I am so pleased that the House is taking up this legislation today.
This bill will provide the necessary resources to compensate for a
longstanding debt owed to these tribes. Perhaps just as important, the
compensation provided in this bill has the potential to change the
lives of members of these tribes who face numerous challenges. On
behalf of the Santee Sioux tribe in particular, I am so grateful that
this bill has been brought forward. I strongly urge its passage.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Goodlatte). The question is on the
motion offered by the gentleman from Utah (Mr. Hansen) that the House
suspend the rules and pass the Senate bill, S. 434, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mrs. CUBIN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________