[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 391 Reported in Senate (RS)]
Calendar No. 708
105th CONGRESS
2d Session
S. 391
[Report No. 105-379]
_______________________________________________________________________
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.
_______________________________________________________________________
October 7 (legislative day, October 2), 1998
Reported with an amendment
Calendar No. 708
105th CONGRESS
2d Session
S. 391
[Report No. 105-379]
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 SENATE OF THE UNITED STATES
March 4, 1997
Mr. Dorgan (for himself, Mr. Conrad, Mr. Johnson, Mr. Daschle, Mr.
Baucus, and Mr. Burns) introduced the following bill; which was read
twice and referred to the Committee on Indian Affairs
October 7 (legislative day, October 2), 1998
Reported by Mr. Campbell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Mississippi Sioux Tribes
Judgment Fund Distribution Act of 1997''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> For purposes of this Act, the following definitions shall
apply:</DELETED>
<DELETED> (1) Covered indian tribe.--The term ``covered
Indian tribe'' means an Indian tribe listed in section
4(a).</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (3) Tribal governing body.--The term ``tribal
governing body'' means the duly elected governing body of a
covered Indian tribe.</DELETED>
<DELETED>SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE
SISSETON AND WAHPETON TRIBES OF SIOUX INDIANS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) 28.9276 percent of such amount shall be
distributed to the tribal governing body of the Spirit Lake
Sioux Tribe of North Dakota.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) amounts deposited into the trust fund;
and</DELETED>
<DELETED> (2) any interest that accrues from investments
made from amounts deposited into the trust fund.</DELETED>
<DELETED> (b) Trustee.--Each tribal governing body that establishes
a trust fund under this section shall--</DELETED>
<DELETED> (1) serve as the trustee of the trust fund;
and</DELETED>
<DELETED> (2) administer the trust fund in accordance with
section 6.</DELETED>
<DELETED>SEC. 6. USE OF DISTRIBUTED FUNDS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) economic development that is beneficial to the
covered Indian tribe;</DELETED>
<DELETED> (2) the development of resources of the covered
Indian tribe; or</DELETED>
<DELETED> (3) the development of a program that is
beneficial to members of the covered Indian tribe, including
educational and social welfare programs.</DELETED>
<DELETED> (c) Audits.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Action by the secretary.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON
BENEFITS.</DELETED>
<DELETED> (a) In General.--A payment made to a covered Indian tribe
or an individual under this Act shall not--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Tax Treatment.--A payment made to a covered Indian
tribe or individual under this Act shall not be subject to any Federal
or State income tax.</DELETED>
<DELETED>SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS.</DELETED>
<DELETED> 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.</DELETED>
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) 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.
(b) Applicability.--Section 304 of Public Law 92-555 (25 U.S.C.
1300d-8) shall apply to any funds distributed under this Act.
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 subparagraph (A), the Secretary shall
distribute 100 percent of the funds described in
section 3 to each covered Indian tribe in accordance
with the judgment and the percentages for distribution
contained in section 4(a)(2).
(f) Limitation on Claims by a Covered Indian Tribe.--
(1) In general.--If any covered Indian tribe receives any
portion of the aggregate amounts transferred by the Secretary
to a Fund Account or any other account under section 4, no
action may be brought by that covered Indian tribe in any court
for a claim arising from the distribution of funds under Public
Law 92-555 (25 U.S.C. 1300-d et seq.).
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit the right of a covered Indian tribe to--
(A) intervene in an action that raises a claim
referred to in subsection (a); or
(B) limit the jurisdiction of any court referred to
in subsection (b), to hear and determine any such
claims.