[House Report 106-735]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-735

======================================================================



 
  YANKTON SIOUX TRIBE AND SANTEE SIOUX TRIBE OF NEBRASKA DEVELOPMENT 
                             TRUST FUND ACT

                                _______
                                

 July 17, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2671]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2671) 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, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2671 is to provide 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2671, the proposed ``Yankton Sioux Tribe and Santee 
Sioux Tribe of Nebraska Development Trust Fund Act'', would 
establish a development trust fund in the Treasury of the 
United States for each of the two tribes as compensation for 
the taking, by condemnation proceedings by the United States, 
of tribal lands.
    The taking of tribal lands began in 1944 with the enactment 
of the Pick-Sloan Missouri River Basin program which included 
the Fort Randall and Gavins Point projects. The United States 
took 2,851.4 acres of Yankton Sioux tribal lands for the Fort 
Randall Dam and Reservoir and 1,007.22 acres of Santee Sioux 
lands for the Gavins Point Dam and Reservoir.
    Pursuant to H.R. 2671, annual payments to each tribe out of 
each development trust fund created shall consist of the income 
generated through the investment of funds by the Secretary of 
the Treasury in interest-bearing obligations of the United 
States or in obligations guaranteed by the United States. 
Payments will be made to each tribe by the Secretary of the 
Interior as payments are requested by the tribe pursuant to 
tribal resolution for the carrying out projects and programs 
under a tribal plan. Each tribal plan shall promote economic 
development, infrastructure development and educational, 
health, recreational, and social welfare objectives.
    Similar recovery funds have been created by Congress for 
four other Missouri River tribes which were impacted by the 
Pick-Sloan Missouri River Basin program. Those tribes are the 
Three Affiliated Tribes of the Fort Berthold Reservation, the 
Standing Rock Sioux Tribe, the Crow Creek Sioux Tribe, and the 
Lower Brule Sioux Tribe. Similar legislation is now pending 
before Congress which would create a similar tribal recovery 
trust fund for the Cheyenne River Sioux Tribe which is 
comprised of the Itazipco, Siha Sapa, Minniconjou, and 
Oohenumpa bands of the Great Sioux Nation.

                            COMMITTEE ACTION

    H.R. 2671 was introduced on August 2, 1999, by Congressman 
Bill Barrett (R-NE). The bill was referred to the Committee on 
Resources. On May 16, 2000, the Full Resources Committee held a 
hearing on the bill. On June 28, 2000, the Full Resources 
Committee met to mark up the bill. No amendments were offered 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill would increase direct spending by $2-3 
million each year starting in fiscal year 2001. This spending 
occurs as the Secretary of the Interior makes payments to 
tribes of the interest earned on the trust funds established by 
the bill.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 12, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Chairman: The Congressional Budget Office has prepared 
the enclosed cost estimate for H.R. 2671, the Yankton Sioux 
Tribe and Santee Sioux Tribe of Nebraska Development Trust Fund 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Keith.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2671--Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska 
        Development Trust Fund Act

    Summary: H.R. 2671 would compensate the Yankton Sioux Tribe 
and the Santee Sioux Tribe for the taking of certain tribal 
lands by the federal government. CBO estimates that enacting 
this bill would increase direct spending by $2 million to $3 
million a year; therefore, pay-as-you-go procedures would 
apply. The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Tribal governments might incur some costs as a result of the 
bill's enactment, but these costs would be voluntary.
    Estimated cost to the Federal Government: CBO estimates 
that enacting H.R. 2671 would increase direct spending by $2 
million to $3 million each year starting in 2001, from the 
interest earnings on trust funds that the bill would establish. 
The cost of this legislation would fall within budget function 
450 (community and regional development).
    Basis of estimate: H.R. 2671 would provide compensation to 
the two tribes for the taking of 4,267 acres of land by the 
federal government for various water projects. The bill would 
establish the Yankton Sioux Tribe Development Trust Fund and 
the Santee Sioux Tribe of Nebraska Development Trust Fund and 
would direct the Secretary of the Treasury to deposit a total 
of $42 million into interest-bearing accounts to benefit the 
tribes.
    H.R. 2671 would authorize the Secretary of the Interior to 
withdraw the interest earned on the trust funds annually and 
use such funds to make payment to the tribes. Based on 
information from the Bureau of Indian Affairs, CBO expects that 
the tribes would request the payment of the full amount of the 
interest earned each year.
    Pay-as-you-go-considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The 
following table summarizes the estimated pay-as-you-go effects 
of H.R. 2671. For the purposes of enforcing pay-as-you-go 
procedures, only the effects in the current year, the budget 
year, and the succeeding four years are counted.

----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year, in millions of dollars--
                                    ----------------------------------------------------------------------------
                                      2000   2001   2002   2003   2004   2005   2006   2007   2008   2009   2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays.................      0      3      3      2      2      2      2      2      2      2      2
Changes in receipts................                                 Not applicable
----------------------------------------------------------------------------------------------------------------

    Estimated Impact on state, local, and tribal governments: 
H.R. 2671 contains no intergovernmental mandates as defined in 
UMRA, but it would impose some conditions on the affected 
tribes for receipt of federal funds. The bill would require the 
tribes to prepare and adopt plans for using payments from the 
trust fund. The tribes would receive significant benefits from 
enactment of this legislation.
    Enactment impact on the private sector: The bill contains 
no new private-sector mandates as defined by UMRA.
    Estimate prepared by: Federal costs: Lanette J. Keith. 
Impact on State, local, and tribal governments: Marjorie 
Miller. Impact on the private sector: Sarah Sitarek.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance with Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local, or 
tribal law.

                        Changes in Existing Law

    If enacted, this bill would make no changes in existing 
law.

                                
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