Home > 105th Congressional Bills > S. 391 (es) To provide for the disposition of certain funds appropriated to pay judgment in favor of the Mississippi Sioux Indians, and for other purposes. ...

S. 391 (es) To provide for the disposition of certain funds appropriated to pay judgment in favor of the Mississippi Sioux Indians, and for other purposes. ...


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        S.391

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
  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 1998''.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Covered indian tribe.--The term ``covered Indian tribe'' 
    means an Indian tribe listed in section 4(a).
        (2) Fund account.--The term ``Fund Account'' means the 
    consolidated account for tribal trust funds in the Treasury of the 
    United States that is managed by the Secretary--
            (A) through the Office of Trust Fund Management of the 
        Department of the Interior; and
            (B) in accordance with the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (4) 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 those Indian tribes in Indian Claims Commission dockets 
numbered 142 and 359, including interest, 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.--
        (1) Amount distributed.--
            (A) In general.--Subject to section 8(e) and if no action 
        is filed in a timely manner (as determined under section 8(d)) 
        raising any claim identified in section 8(a), not earlier than 
        365 days after the date of enactment of this Act and not later 
        than 415 days after the date of enactment of this Act, the 
        Secretary shall transfer to the Fund Account to be credited to 
        accounts established in the Fund Account for the benefit of the 
        applicable governing bodies under paragraph (2) an aggregate 
        amount determined under subparagraph (B).
            (B) Aggregate amount.--The aggregate amount referred to in 
        subparagraph (A) is an amount equal to the remainder of--
                (i) the funds described in section 3; minus
                (ii) an amount equal to 71.6005 percent of the funds 
            described in section 3.
        (2) Distribution of funds to accounts in the fund account.--The 
    Secretary shall ensure that the aggregate amount transferred under 
    paragraph (1) is allocated to the accounts established in the Fund 
    Account as follows:
            (A) 28.9276 percent of that amount shall be allocated to 
        the account established for the benefit of the tribal governing 
        body of the Spirit Lake Tribe of North Dakota.
            (B) 57.3145 percent of that amount, after payment of any 
        applicable attorneys' fees and expenses by the Secretary under 
        the contract numbered A00C14202991, approved by the Secretary 
        on August 16, 1988, shall be allocated to the account 
        established for the benefit of the tribal governing body of the 
        Sisseton and Wahpeton Sioux Tribe of South Dakota.
            (C) 13.7579 percent of that amount shall be allocated to 
        the account established for the benefit of the tribal governing 
        body of the Assiniboine and Sioux Tribes of the Fort Peck 
        Reservation in Montana, as designated under subsection (c).
    (b) Use.--Amounts distributed under this section to accounts 
referred to in subsection (d) for the benefit of a tribal governing 
body shall be distributed and used in a manner consistent with section 
5.
    (c) 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.
    (d) Tribal Trust Fund Accounts.--The Secretary of the Treasury, in 
cooperation with the Secretary of the Interior, acting through the 
Office of Trust Fund Management of the Department of the Interior, 
shall ensure that such accounts as are necessary are established in the 
Fund Account to provide for the distribution of funds under subsection 
(a)(2).

SEC. 5. USE OF DISTRIBUTED FUNDS.

    (a) Prohibition.--No funds allocated for 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 allocated under section 4 may be used, 
administered, and managed by a tribal governing body referred to in 
section 4(a)(2) 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;
        (3) the development of programs that are beneficial to members 
    of the covered Indian tribe, including educational and social 
    welfare programs;
        (4) the payment of any existing obligation or debt (existing as 
    of the date of the distribution of the funds) arising out of any 
    activity referred to in paragraph (1), (2), or (3);
        (5)(A) the payment of attorneys' fees or expenses of any 
    covered Indian tribe referred to in subparagraph (A) or (C) of 
    section 4(a)(2) for litigation or other representation for matters 
    arising out of the enactment of Public Law 92-555 (25 U.S.C. 1300d 
    et seq.); except that
        (B) the amount of attorneys' fees paid by a covered Indian 
    tribe under this paragraph with funds distributed under section 4 
    shall not exceed 10 percent of the amount distributed to that 
    Indian tribe under that section;
        (6) the payment of attorneys' fees or expenses of the covered 
    Indian tribe referred to in section 4(a)(2)(B) for litigation and 
    other representation for matters arising out of the enactment of 
    Public Law 92-555 (25 U.S.C. 1300d et seq.), in accordance, as 
    applicable, with the contracts numbered A00C14203382 and 
    A00C14202991, that the Secretary approved on February 10, 1978 and 
    August 16, 1988, respectively; or
        (7) the payment of attorneys' fees or expenses of any covered 
    Indian tribe referred to in section 4(a)(2) for litigation or other 
    representation with respect to matters arising out of this Act.
    (c) Management.--Subject to subsections (a), (b), and (d), any 
funds distributed to a covered Indian tribe pursuant to sections 4 and 
7 may be managed and invested by that Indian tribe pursuant to the 
American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.).
    (d) Withdrawal of Funds by Covered Tribes.--
        (1) In general.--Subject to paragraph (2), each covered Indian 
    tribe may, at the discretion of that Indian tribe, withdraw all or 
    any portion of the funds distributed to the Indian tribe under 
    sections 4 and 7 in accordance with the American Indian Trust Fund 
    Management Reform Act (25 U.S.C. 4001 et seq.).
        (2) Exemption.--For purposes of paragraph (1), the requirements 
    under subsections (a) and (b) of section 202 of the American Indian 
    Trust Fund Management Reform Act (25 U.S.C. 4022 (a) and (b)) and 
    section 203 of such Act (25 U.S.C. 4023) shall not apply to a 
    covered Indian tribe or the Secretary.
        (3) Rule of construction.--Nothing in paragraph (2) may be 
    construed to limit the applicability of section 202(c) of the 
    American Indian Trust Fund Management Reform Act (25 U.S.C. 
    4022(c)).
SEC. 6. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON BENEFITS.
    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. 7. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS.

    (a) In General.--Subject to section 8(e), the Secretary shall, in 
the manner prescribed in section 202(c) of Public Law 92-555 (25 U.S.C. 
1300d-4(c)), distribute to the lineal descendants of the Sisseton and 
Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent of 
the funds described in section 3, subject to any reduction determined 
under subsection (b).
    (b) Adjustments.--
        (1) In general.--Subject to section 8(e), if the number of 
    individuals on the final roll of lineal descendants certified by 
    the Secretary under section 201(b) of Public Law 92-555 (25 U.S.C. 
    1300d-3(b)) is less than 2,588, the Secretary shall distribute a 
    reduced aggregate amount to the lineal descendants referred to in 
    subsection (a), determined by decreasing--
            (A) the percentage specified in section 4(a)(B)(ii) by a 
        percentage amount equal to--
                (i) .0277; multiplied by
                (ii) the difference between 2,588 and the number of 
            lineal descendants on the final roll of lineal descendants, 
            but not to exceed 600; and
            (B) the percentage specified in subsection (a) by the 
        percentage amount determined under subparagraph (A).
        (2) Distribution.--If a reduction in the amount that otherwise 
    would be distributed under subsection (a) is made under paragraph 
    (1), an amount equal to that reduction shall be added to the amount 
    available for distribution under section 4(a)(1), for distribution 
    in accordance with section 4(a)(2).
    (c) Verification of Ancestry.--In seeking to verify the Sisseton 
and Wahpeton Mississippi Sioux Tribe ancestry of any person applying 
for enrollment on the roll of lineal descendants after January 1, 1998, 
the Secretary shall certify that each individual enrolled as a lineal 
descendant can trace ancestry to a specific Sisseton or Wahpeton 
Mississippi Sioux Tribe lineal ancestor who was listed on--
        (1) the 1909 Sisseton and Wahpeton annuity roll;
        (2) the list of Sisseton and Wahpeton Sioux prisoners convicted 
    for participating in the outbreak referred to as the ``1862 
    Minnesota Outbreak'';
        (3) the list of Sioux scouts, soldiers, and heirs identified as 
    Sisseton and Wahpeton Sioux on the roll prepared pursuant to the 
    Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or
        (4) any other Sisseton or Wahpeton payment or census roll that 
    preceded a roll referred to in paragraph (1), (2), or (3).
    (d) Conforming Amendments.--
        (1) In general.--Section 202(a) of Public Law 92-555 (25 U.S.C. 
    1300d-4(a)) is amended--
            (A) in the matter preceding the table--
                (i) by striking ``, plus accrued interest,''; and
                (ii) by inserting ``plus interest received (other than 
            funds otherwise distributed to the Sisseton and Wahpeton 
            Tribes of Sioux Indians in accordance with the Mississippi 
            Sioux Tribes Judgment Fund Distribution Act of 1998),'' 
            after ``docket numbered 359,''; and
            (B) in the table contained in that subsection, by striking 
        the item relating to ``All other Sisseton and Wahpeton Sioux''.
        (2) Roll.--Section 201(b) of Public Law 92-555 (25 U.S.C. 
    1300d-3(b)) is amended by striking ``The Secretary'' and inserting 
    ``Subject to the Mississippi Sioux Tribes Judgment Fund 
    Distribution Act of 1998, the Secretary''.

SEC. 8. JURISDICTION; PROCEDURE.

    (a) Actions Authorized.--In any action brought by or on behalf of a 
lineal descendant or any group or combination of those lineal 
descendants to challenge the constitutionality or validity of 
distributions under this Act to any covered Indian tribe, any covered 
Indian tribe, separately, or jointly with another covered Indian tribe, 
shall have the right to intervene in that action to--
        (1) defend the validity of those distributions; or
        (2) assert any constitutional or other claim challenging the 
    distributions made to lineal descendants under this Act.
    (b) Jurisdiction and Venue.--
        (1) Exclusive original jurisdiction.--Subject to paragraph (2), 
    only the United States District Court for the District of Columbia, 
    and for the districts in North Dakota and South Dakota, shall have 
    original jurisdiction over any action brought to contest the 
    constitutionality or validity under law of the distributions 
    authorized under this Act.
        (2) Consolidation of actions.--After the filing of a first 
    action under subsection (a), all other actions subsequently filed 
    under that subsection shall be consolidated with that first action.
        (3) Jurisdiction by the united states court of federal 
    claims.--If appropriate, the United States Court of Federal Claims 
    shall have jurisdiction over an action referred to in subsection 
    (a).
    (c) Notice to Covered Tribes.--In an action brought under this 
section, not later than 30 days after the service of a summons and 
complaint on the Secretary that raises a claim identified in subsection 
(a), the Secretary shall send a copy of that summons and complaint, 
together with any responsive pleading, to each covered Indian tribe by 
certified mail with return receipt requested.
    (d) Statute of Limitations.--No action raising a claim referred to 
in subsection (a) may be filed after the date that is 365 days after 
the date of enactment of this Act.
    (e) Special Rule.--
        (1) Final judgment for lineal descendants.--
            (A) In general.--If an action that raises a claim referred 
        to in subsection (a) is brought, and a final judgment is 
        entered in favor of 1 or more lineal descendants referred to in 
        that subsection, section 4(a) and subsections (a) and (b) of 
        section 7 shall not apply to the distribution of the funds 
        described in subparagraph (B).
            (B) Distribution of funds.--Upon the issuance of a final 
        judgment referred to in subparagraph (A) the Secretary shall 
        distribute 100 percent of the funds described in section 3 to 
        the lineal descendants in a manner consistent with--
                (i) section 202(c) of Public Law 92-555 (25 U.S.C. 
            1300d-4(c)); and
                (ii) section 202(a) of Public Law 92-555, as in effect 
            on the day before the date of enactment of this Act.
        (2) Final judgment for covered indian tribes.--
            (A) In general.--If an action that raises a claim referred 
        to in subsection (a) is brought, and a final judgment is 
        entered in favor of 1 or more covered Indian tribes that 
        invalidates the distributions made under this Act to lineal 
        descendants, section 4(a), other than the percentages under 
        section 4(a)(2), and subsections (a) and (b) of section 7 shall 
        not apply.
            (B) Distribution of funds.--Not later than 180 days after 
        the date of the issuance of a final judgment referred to in 

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