Home > 105th Congressional Bills > H.R. 977 (ih) To provide for the conversion of existing temporary United States district judgeships to permanent status, and for other purposes. ...H.R. 977 (ih) To provide for the conversion of existing temporary United States district judgeships to permanent status, and for other purposes. ...
Union Calendar No. 138
105th CONGRESS
1st Session
H. R. 976
[Report No. 105-242]
_______________________________________________________________________
A BILL
To provide for the disposition of certain funds appropriated to pay
judgment in favor of the Mississippi Sioux Indians, and for other
purposes.
_______________________________________________________________________
September 3, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 138
105th CONGRESS
1st Session
H. R. 976
[Report No. 105-242]
To provide for the disposition of certain funds appropriated to pay
judgment in favor of the Mississippi Sioux Indians, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 1997
Mr. Hill (for himself, Mr. Thune, and Mr. Pomeroy) introduced the
following bill; which was referred to the Committee on Resources
September 3, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
6, 1997]
_______________________________________________________________________
A BILL
To provide for the disposition of certain funds appropriated to pay
judgment in favor of the Mississippi Sioux Indians, and for other
purposes.
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--
(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.
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