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Calendar No. 744
106th CONGRESS
2d Session
S. 1148
[Report No. 106-367]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 27, 1999
Mr. Daschle (for himself, Mr. Kerrey, Mr. Johnson, and Mr. Hagel)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
August 25, 2000
Reported under authority of the order of the Senate of July 26, 2000,
by Mr. Campbell, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Yankton Sioux Tribe and
Santee Sioux Tribe of Nebraska Development Trust Fund Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (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'')--</DELETED>
<DELETED> (A) to promote the general economic
development of the United States;</DELETED>
<DELETED> (B) to provide for irrigation above Sioux
City, Iowa;</DELETED>
<DELETED> (C) to protect urban and rural areas from
devastating floods of the Missouri River; and</DELETED>
<DELETED> (D) for other purposes;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) the Fort Randall project (including the Fort
Randall Dam and Reservoir)--</DELETED>
<DELETED> (A) overlies the western boundary of the
Yankton Sioux Tribe Indian Reservation; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) the Gavins Point project (including the Gavins
Point Dam and Reservoir) overlies the eastern boundary of the
Santee Sioux Tribe;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) the United States Army Corps of Engineers took
the Indian lands used for the Fort Randall and Gavins Point
projects by condemnation proceedings;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (10) in addition to the financial compensation
provided under the settlement agreements referred to in
paragraph (9)--</DELETED>
<DELETED> (A) the Yankton Sioux Tribe should receive
an aggregate amount equal to $34,323,743 for--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the Santee Sioux Tribe should receive
an aggregate amount equal to $8,132,838 for the loss
value of--</DELETED>
<DELETED> (i) 593.10 acres of Indian land
located near the Santee village; and</DELETED>
<DELETED> (ii) 414.12 acres on Niobrara
Island of the Santee Sioux Tribe Indian
Reservation used for the Gavins Point Dam and
Reservoir.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (2) Program.--The term ``Program'' means the power
program of the Pick-Sloan Missouri River Basin program,
administered by the Western Area Power
Administration.</DELETED>
<DELETED> (3) Santee sioux tribe.--The term ``Santee Sioux
Tribe'' means the Santee Sioux Tribe of Nebraska.</DELETED>
<DELETED>SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Payment of Interest to Yankton Sioux Tribe.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Payments to yankton sioux tribe.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Pledge of future payments.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Limitations.--The Yankton
Sioux Tribe--</DELETED>
<DELETED> (I) may enter into an
agreement under clause (i) only in
connection with the purchase of land or
other capital assets; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 5. SANTEE SIOUX TRIBE OF NEBRASKA DEVELOPMENT TRUST
FUND.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Payment of Interest to Santee Sioux Tribe.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Payments to santee sioux tribe.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Pledge of future payments.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Limitations.--The Santee
Sioux Tribe--</DELETED>
<DELETED> (I) may enter into an
agreement under clause (i) only in
connection with the purchase of land or
other capital assets; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 6. TRIBAL PLANS.</DELETED>
<DELETED> (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'').</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) economic development;</DELETED>
<DELETED> (2) infrastructure development;</DELETED>
<DELETED> (3) the educational, health, recreational, and
social welfare objectives of the tribe and its members;
or</DELETED>
<DELETED> (4) any combination of the activities described in
paragraphs (1), (2), and (3).</DELETED>
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